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2019-06-13 Council Agenda Packet
Thursday, June 13, 2019 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final Regular Meeting June 13, 2019City Council Meeting Agenda - Final The Fresno City Council welcomes you to City Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. The meeting room is physically accessible. If, as an attendee or participant at the meeting, you need additional accommodations such as interpreters, signers, assistive listening devices, or the services of a translator, please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least 48 hours prior to the meeting. The agenda and related staff reports are available at www.fresno.gov, as well as in the Office of the City Clerk. The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel 99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be viewed online at https://fresno.legistar.com. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers, ubicado en la Alcaldía (City Hall), do piso, 2600 Fresno Street, Fresno, California 93721. El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente accesible. Si usted, como asistente o participante de la junta, necesita acomodaciones adicionales coma intérpretes, lenguaje de señas, aparatos auditivos, o los servicios de un traductor, por favor comuníquese con la Oficina del Secretario Municipal llamando al (559) 621-7650 o al clerk@fresno.gov. Para asegurarse de la disponibilidad, se le recomienda llamar y hacer su petición por lo menos 48 horas antes de la junta. La agenda y los reportes de personal correspondientes están disponibles en el www.fresno.gov, o en la Oficina del Secretario Municipal. Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99 de AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se puede ver en el internet en el https://fresno.legistar.com PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una presentación del personal seguida por una presentación de los individuos involucrados, si están presentes. El testimonio de los presentes se escuchará entonces. Todo testimonio se limitará a tres minutos por persona. Si usted desea hablar, Ilene la hoja para pedir hablar disponibles en la oficina del Secretario Municipal y en la Sala Consistorial. Las tres luces en el atril junto al micrófono indicarán cuanto tiempo le queda al orador. La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se prenderá cuando quede un minuto. El orador debería estar concluyendo su testimonio cuando la luz roja prenda y ci sonido indique que se acabo su tiempo. La cantidad del tiempo que queda también aparecerá en la pantalla grande atrás del Consejo Municipal. No se aceptarán documentos para que repase el Consejo Municipal a menos que se sometan al Secretario Municipal por lo menos 24 horas antes de que se escuche la Agenda del Consejo Municipal. Este es el horario general de temas para la consideración y acción del Consejo Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo de la Agenda en el orden que considere adecuado. Artículos con una hora fijada se pueden escuchar después de la hora indicada pero no antes de la hora indicada en la agenda. Se les recomienda a las personas que estén interesadas en un artículo de la agenda, que estén presentes durante toda la junta para asegurar su presencia cuando se presente ese artículo. Page 3 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj. Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk. Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99 thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub rooj sab Iaj kuj saib tau online at https://fresno.legistar.com. TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form) muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone) qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb. Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub sij hawm dhia qis zuj zus los mus. Page 4 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej council yuav los mloog tej xwm txheej. Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj nyob rau ntawd YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA Page 5 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 9:03 A.M. ROLL CALL Invocation by member of the public, Andy Hansen-Smith. Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID19-1396 Approval of minutes for May 16, 2019. Sponsors:Office of the City Clerk ID19-1833 Approval of Budget minutes for June 3, 2019 and June 6, 2019. Sponsors:Office of the City Clerk CEREMONIAL PRESENTATIONS ID19-1608 Presentation of the SPCA Pet of the Month Sponsors:Councilmember Arias ID19-1853 Proclamation of “Immigration Heritage Month” Sponsors:Councilmember Soria ID19-1768 Proclamation of “Retired Fresno Police Officer Jouroyan” Sponsors:Councilmember Chavez and Vice President Caprioglio ID19-1753 Presentation of a $25,000 check from PG&E to offset costs associated with operation of the cooling centers. Sponsors:Parks, After School, Recreation and Community Services Department and Mayor's Office ID19-1655 Government Finance Officers Association ’s Distinguished Budget Presentation Award Recognition, Budget and Management Studies Sponsors:Mayor's Office and Office of Mayor & City Manager COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as Page 6 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 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 ID19-1666 Approve the Solutions Agreement with Superion LLC (Superion) to renew software hosting, maintenance, and support services annually for five years in an amount not to exceed $225,000 per year. Sponsors:Information Services Department 1-B ID19-1628 ***RESOLUTION - Repealing Resolution No. 2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) Sponsors:Information Services Department 1-C ID19-1456 Actions relating to the purchase of on-board vehicle traffic signal priority equipment 1.Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $223,844.33 for the purchase of on-board vehicle traffic signal priority equipment 2.RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source contract for on-board vehicle traffic signal priority equipment Sponsors:Department of Transportation 1-D ID19-1634 Actions relating to the purchase of traffic signal priority technology 1.Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $210,205.73 for the purchase of traffic signal priority technology 2.RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source agreement for traffic signal priority technology Sponsors:Department of Transportation 1-E ID19-1721 Approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, CA, for the purchase of six Kenworth T300 trucks in the amount of $435,983 Sponsors:Department of Transportation 1-F ID19-1714 Action pertaining to non-transient motels: Page 7 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 1.***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) Sponsors:Councilmember Arias, Councilmember Esparza and Councilmember Soria 1-G ID19-1752 Approve the Appointment of Lucio Avila to the Bicycle and Pedestrian Advisory Committee (BPAC) Sponsors:Councilmember Chavez 1-H ID19-1773 Approve the appointment of Alysia Bonnez to the Fresno Regional Workforce Development Board Sponsors:Vice President Caprioglio 1-I ID19-1814 Approve the appointment of Pablo Villagrana to the City of Fresno Capital Projects Oversight Board Sponsors:Councilmember Esparza 1-J ID19-1868 ***RESOLUTION - Amending and restating Resolution 2007-110 establishing the Finance and Audit Committee (Subject to Mayor’s veto) Sponsors:Councilmember Esparza 1-K ID19-1825 Approve the appointment of S. Matthew Cunningham to the Fresno Madera Area on Aging Board. Sponsors:Mayor's Office 1-L ID19-1649 Actions pertaining to the Building and Safety Services Division professional plan check services: 1.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. Sponsors:Planning and Development Department 1-M ID19-1690 Approve a consultant services agreement between the City of Fresno and Quad Knopf, Inc., to prepare an Environmental Impact Report evaluating the proposed regulation and permitting of commercial cannabis activities not to exceed the amount of $300,000. Page 8 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Sponsors:Planning and Development Department 1-N ID19-1764 Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1.Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2.RESOLUTION - Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. Sponsors:Fire Department 1-O ID19-1746 Approve an agreement for professional engineering services with Provost & Pritchard Engineering Group for $67,500 plus $10,000 for contingencies for design and construction support services for the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue (Council District 6) Sponsors:Public Works Department 1-P ID19-1459 ***RESOLUTION - 33rd Amendment to the Annual Appropriation Resolution No. 2018-157 appropriating $20,000 to commence design work for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project (Requires 5 affirmative votes) (Subject to Mayor’s veto) (Council District 4) Sponsors:Public Works Department Page 9 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 1-Q ID19-1743 Approve the acquisition of a 1,311 square foot street easement at the northeast corner of West Clinton and North Valentine Avenues for $35,400 in monetary consideration (Council District 3) Sponsors:Public Works Department 1-R ID19-1798 Actions pertaining to the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. - Project Bid File No. 3659 (Council District 1) 1.Adopt finding of Categorical Exemption pursuant to Class 3 Section 15303(d) (new construction) of the California Environmental Quality Act (CEQA) Guidelines for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 2.Award a construction contract to West Valley Construction Company, Inc. of Fresno, CA, in the amount of $173,885 for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. Sponsors:Public Works Department 1-S ID19-1749 Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California, to increase the total construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) Sponsors:Public Works Department 1-T ID19-1758 RESOLUTION - Approving the Final Map of Tract No. 5913 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - between South Armstrong Avenue, South Temperance Avenue, East California Avenue Alignment and East Butler Avenue (Council District 5) Sponsors:Public Works Department 1-U ID19-1802 1.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which provides for equity increases for various classifications (Subject to Mayor’s Veto) 2.***RESOLUTION - 12th Amendment to FY 2019 Salary Resolution No. 2018-159, amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA) to implement a previously approved wage increase and to implement phase two of the 2018 Classification and Compensation agreement with FCEA (Subject to Mayor’s Veto) Page 10 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 3.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which amends provisions of the Memorandum of Understanding (MOU) between the City and FCEA regarding Uniform Allowances and the Health Reimbursement Arrangement (HRA) (Subject to Mayor’s Veto) 4.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with contracting out work for the Third Party Plan Review program and Plan Check work as necessary (Subject to Mayor’s Veto) Sponsors:Personnel Services Department 1-V ID19-1803 ***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA), representing Unit 13-1 and 13-2, Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with Third Party Plan Check Review and the contracting of Plan Check work as necessary (Subject to Mayor’s Veto) Sponsors:Personnel Services Department 1-W ID19-1674 Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. 1.Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. Sponsors:Police Department 1-X ID19-1720 Approve the Workforce Innovation and Opportunity Act (WIOA) Mandated Partner Memorandum of Understanding (MOU) between the Fresno Regional Workforce Development Board (FRWDB) and the State of California Employment Development Department (EDD) Sponsors:Office of Mayor & City Manager 1-Y ID19-1771 Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2019, to June 30, 2021. Sponsors:Office of Mayor & City Manager Page 11 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 1-Z ID19-1766 Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. Sponsors:Office of Mayor & City Manager 1-AA ID19-1774 ***RESOLUTION - Adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities 1-BB ID19-1775 Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling, LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid-Valley Recycling, LLC 2. Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP Sponsors:Department of Public Utilities 1-CC ID19-1777 Actions pertaining to Plant Nitrate Assessment and Treatment Evaluation/Selection at the Regional Wastewater Reclamation Facility (Council District 3) 1.Adopt a finding of Categorical Exemption pursuant to Class 6, Section 15306 of the California Environmental Quality Act Guidelines 2.Approve consultant services agreement with Carollo Engineers in an amount not to exceed $399,082 Sponsors:Department of Public Utilities 1-DD ID19-1778 Actions pertaining to Furnish and Install Intelligent Transportation System Fiber Optic Facilities at the Northeast Surface Water Treatment Facility (Bid File 3643) (Council District 6): 1.Adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 (Existing Facilities) and Class 3/Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act Guidelines 2.***RESOLUTION - 41st Amendment to the Annual Appropriation Resolution No. 2018-157 to appropriate $227,500 to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system fiber optic facilities at the Northeast Surface Water Treatment Facility (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3.Award a construction contract to Kertel Communications, Inc ., Page 12 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final dba Sebastian, in the amount of $259,772 Sponsors:Department of Public Utilities 1-EE ID19-1780 Reject the bid proposal for Lift Station 14 Rehabilitation (Bid File 3625) (Council District 2) Sponsors:Department of Public Utilities 1-FF ID19-1784 Actions pertaining to construction of 850 linear feet of Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Council District 3): 1.Adopt findings of Section 15282 (Other Statutory Exemptions) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Dawson -Mauldin LLC, in the amount of $349,049.55 Sponsors:Department of Public Utilities 1-GG ID19-1843 Authorize the City Manager to execute an Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC. Sponsors:Department of Public Utilities 1-HH ID19-1794 Actions pertaining to well site improvements at Pump Station 241-2, located at 2529 North Barton Avenue (Bid File 3649) (Fresno County and Council District 7) 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act Guidelines 2.Award a construction contract to Smith Construction Company, Inc ., in the amount of $366,890.38 Sponsors:Department of Public Utilities 1-II ID19-1799 Actions pertaining to North Avenue sewer trunk main emergency repair (Council District 5): 1.Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b) (Existing Facilities) and Section 15301(d) (Restoration or Rehabilitation) of the California Environmental Quality Act Guidelines 2.***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property, and authorizing the Purchasing Manager of the Finance Department, or designee, to contract with Floyd Johnston Construction Co ., Inc., without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main (Requires 5 votes) (Subject to Page 13 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Mayor’s Veto) 3.Award a construction contract to Floyd Johnston Construction Co., Inc., in the amount of $450,000 Sponsors:Department of Public Utilities 1-JJ ID19-1800 Approve a Fourth Amendment to the Agreement with Provost and Pritchard Engineering Group, Inc ., amending the scope of work for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane from Groundwater Wells (Citywide) Sponsors:Department of Public Utilities 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-1792 TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue Bonds by California Municipal Finance Authority (CMFA) for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens 1.***RESOLUTION - Approving the issuance by the CMFA of Multifamily Housing Revenue Bonds, Series 2019 (HumanGood) in an aggregate principal not to exceed $195 million for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens and certain other matters relating thereto (Subject to Mayor’s veto). Sponsors:Finance Department 10:00 A.M.#2 ID19-1770 Essay on Fresno; Homelessness by Kahlan Fitzcharles Sponsors:Councilmember Soria 10:00 A.M.#3 ID19-1807 WORKSHOP - Update regarding Proposition 68 California State-wide Grant Opportunities for Quigley Park, Radio Park and new park development at Orangewood and Church Avenue Sponsors:Parks, After School and Recreation and Community Services Department Page 14 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 10:05 A.M.#1 SCHEDULED COMMINCATION ID19-1826 Appearance by Gary Doesekle to discuss the homeless issues by the Convention Center. (Speaker resides in District 4) Page 15 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 10:05 A.M.#2 ID19-1748 HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees); Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1.Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2.***RESOLUTION - 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3.RESOLUTION - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1), Finding that Failure to Impose the Increased Fire Impact Fee on New Development, Including Approved Vesting Tentative Maps, Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. Sponsors:Public Works Department and Fire Department 10:10 A.M. ID19-1863 Appearance by Gidai Maaza and Cesar CasaMayor to discuss the Measure Cannabis Business tax and the need to define the regulations. 10:15 A.M. ID19-1181 (REFERRED BACK TO STAFF) HEARING to Consider Plan Amendment Application No. P18-03569, Rezone Application No. P18-03569, Modification of Zoning Conditions Application No. P18-03569 and related Environmental Assessment No. P18-03659 filed by Jeff Roberts of Assemi Group, Inc. These applications pertain to approximately 6.9 acres of property located on the corner of North Colonial and West San Jose Avenues. (Council District 2) 1.ADOPT CEQA Environmental Assessment No. P18-03569, a Mitigated Negative Declaration dated May 22, 2019. 2.RESOLUTION - Approving Plan Amendment Application No . P18-03569 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use for ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from Residential Medium Density Page 16 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final to Regional Mixed-Use. 3.BILL (For introduction and adoption) - Approving Rezone Application No. P18-03569 requesting authorization to rezone ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from RS -5/EQ (Residential Single Family/Equine Overlay) to RMX (Regional Mixed-Use) zoning. to modify conditions of zoning on ±3.8 acres at the northwest corner of North Colonial and West San Jose Avenues, and to modify conditions of zoning on ±2.1 acres south of West San Jose Avenue at North Colonial Avenue. Sponsors:Planning and Development Department 1:30 P.M. - CONTESTED CONSENT CALENDAR 5:00 P.M. - CONTINUED TO JUNE 27, 2019 AT 5:00 P.M. ID19-1716 CONTINUED HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director 1.RESOLUTION - Initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan, and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15- 5803-C and 15-4902-B. Sponsors:Planning and Development Department 3. GENERAL ADMINISTRATION 3-A ID19-1719 BILL - (For introduction) - Amending portions of the City Purchasing, Contracts and Sales Ordinance to update Chapter 4, Article 5 of the Fresno Municipal Code - Design Build Contracts to include qualification based methods of procurement. Sponsors:Airports Department 3-B ID19-1767 Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. Page 17 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Sponsors:Office of Mayor & City Manager 3-C ID19-1742 Actions pertaining to the award of a requirements contract to Calaveras Materials, Inc., of Fresno, California in the amount of $2,838,662.75 for the purchase of Asphalt Concrete Material. Bid File No. 9469 (City Wide) Sponsors:Public Works Department 3-D ID19-1759 RESOLUTION - Authorizing the submission of a grant application for $10,540,582 from the United States Department of Transportation’s (USDOT) Better Utilizing Investments to Leverage Development (BUILD) Program for the Veterans Boulevard Interchange, Extension and Grade Separation Project and Authorizing the Execution of All Grant Application Documents by the Public Works Director or Designee (Council District 2) Sponsors:Public Works Department 3-E ID19-1754 Actions pertaining to the Belmont Avenue Overlay Project from Cedar Avenue to Chestnut Avenue - Bid File No. 3657 (Council District 7) 1.Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA guidelines 2.Award a construction contract in the amount of $978,160 to Dave Christian Construction Co., of Fresno, CA Sponsors:Public Works Department 3-F ID19-1796 Award a three-year Product Requirements Contract: Rebid of Bulk Calcium Hydroxide to Univar USA Inc., in an amount not to exceed $1,503,713.83 per year, with provision for up to two one-year extensions (Bid File 9493) (Citywide) Sponsors:Department of Public Utilities 3-G ID19-1781 Actions pertaining to removal of Perchloroethylene from Groundwater at Pump Station 117 and Pump Station 284 (Fresno County and Council District 2): 1.Adopt findings of Class 1, Class 3, and Class 32 Categorical Exemptions pursuant to Sections 15301, 15303, and 15332 of the California Environmental Quality Act Guidelines 2.Approve a Fourth Amendment to Agreement for supplemental engineering services with Provost & Pritchard Engineering Group, Inc ., in the amount of not to exceed $156,000 Page 18 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Sponsors:Department of Public Utilities 3-H ID19-1793 Actions pertaining to Madison -Whitesbridge Recycled Water Main (Bid File 3620) (Council District 3 and County of Fresno): 1.Adopt Addendum 2 to the Fresno Recycled Water Distribution System, Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2.Award a construction contract to West Valley Construction Company, Inc., in the amount of $3,854,224 3.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Sponsors:Department of Public Utilities 3-I ID19-1801 Actions pertaining to Sewer Rehabilitation in the Vicinity of North Fresno Street and East Shields Avenue (Bid File 3646) (Council District 7): 1.Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Emmett ’s Excavation, Inc., in the amount of $1,212,543 3.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Sponsors:Department of Public Utilities 3-J ID19-1811 ***RESOLUTION - Approving the reallocation of $3,000,000 from the Liability Self-Insurance Fund Contingency to fund refunds and claims (Subject to Mayor’s Veto) Sponsors:Personnel Services Department 4. CITY COUNCIL 4-A ID19-1751 Discussion of Parks & Public Safety Subcommittee: 1. Announce creation of an ad hoc Council subcommittee to work with Mayor and make recommendations on a potential ballot item for parks and public safety; subcommittee will report back to the full Council within 90 days; 2. Announce appointments of Vice President Arias, Councilmember Soria, and Councilmember Chavez as the committee members. Sponsors:Councilmember Arias 4-B ID19-1769 ***RESOLUTION - Amending the “Council Residency Act” and renaming it the “Council and Mayor Residency Act”. (Subject to Page 19 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Mayor’s veto) Sponsors:Councilmember Arias and Office of the City Clerk 4-C ID19-1815 RESOLUTION - Initiating a text amendment to the Zoning Ordinance of the City of Fresno to Add Chapter 15, Article 24, Section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-5803-A1. Sponsors:Councilmember Arias 4-D ID19-1851 ***RESOLUTION - Approving the installation of a Fresno Public Safety Memorial in front of City Hall, on the north lawn, and donating the existing Fresno Police Department Memorial to the Fresno Police Officers’ Association. (Subject to Mayor’s veto) Sponsors:Councilmember Arias and Mayor's Office 5. CLOSED SESSION 5-A ID19-1712 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d) (2) 1 1.City of Fresno v. Helen Woodward Sponsors:City Attorney's Office 5-B ID19-1817 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Lowell Community Development Corp., v. City of Fresno; Fresno County Superior Court Case No. 18CECG01885 Sponsors:City Attorney's Office 5-C ID19-1818 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) 2. Fresno City Employees Association (FCEA) 3. Fresno Police Officers Association (FPOA Basic) 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) Page 20 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember Chief of Staff to the Mayor City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Page 21 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II Senior Deputy City Attorney III Senior Human Resources/Risk Analyst Senior Law Clerk Supervising Deputy City Attorney Sponsors:City Attorney's Office 5-D ID19-1846 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Curtis Waller (Dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management Workers’ Compensation Appeals Board Case No. ADJ9861653 Sponsors:Personnel Services Department 5-E ID19-1845 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d) (2) Page 22 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final 1. City of Fresno v. Garney Pacific Company dba Garney Construction Company 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 June 20, 2019 10:00 A.M. - TEFRA Hearing for the United Health Center June 20, 2019 10:05 A.M. - HEARING to consider Amendments to Conditional Use Permit No. C-16-033, located on the southwest corner of East Belmont and North Van Ness Avenues. (Council District 3) June 20, 2019 10:30 A.M. - RESOLUTION - 550th Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to add, adjust, or delete various development fees associated with the Current Planning and Building Divisions of the Development and Resource Management Department. June 27, 2019 5:00 P.M. - CONTINUED HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director Page 23 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final August 15, 2019 10:00 A.M. - Vacation of a portion of Elgin Avenue and James Avenue, between Golden State Boulevard and State Route 99 (Council District 2). August 15, 2019 10:05 AM - 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. 101 (Final Tract Map No. 5631) (west side of North Polk Avenue between West Gettysburg and Ashlan Avenues) (Council District 1) FY 2020 SCHEDULED BUDGET HEARINGS June 18, 2019 - 9:00 A.M. Vote on Motions June 20, 2019 - 9:00 A.M. (Budget hearing is part of the regular Council meeting) Vote on Budget June 27, 2019 - 9:00 A.M. (Budget hearing is part of the regular Council meeting) (Reserved for Final Vote, if needed) UPCOMING EMPLOYEE CEREMONIES July 24, 2019 (Wednesday) - 10:00 A.M. - Employee of the Summer Quarter October 23, 2019 (Wednesday) – 10:00 A.M. - Employee of the Fall Quarter November 20, 2019 (Wednesday) –2:00 P.M. - Employee Service Awards 2019 CITY COUNCIL MEETING SCHEDULE JUNE 20 - 9:00 A.M. MEETING JUNE 27 - 9:00 A.M. MEETING JULY 4 - NO MEETING JULY 11 - NO MEETING JULY 18 - 9:00 A.M. MEETING JULY 25 - 9:00 A.M. MEETING AUGUST 1 - NO MEETING AUGUST 8 - NO MEETING AUGUST 15 - 9:00 A.M. MEETING Page 24 City of Fresno ***Subject to Mayoral Veto June 13, 2019City Council Meeting Agenda - Final AUGUST 22 - 9:00 A.M. MEETING AUGUST 29 - NO MEETING Page 25 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1396 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 SUBJECT Approval of minutes for May 16, 2019. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ Thursday, May 16, 2019 1:30 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Regular Meeting May 16, 2019City Council Meeting Minutes - Draft The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 1:32 P.M. ROLL CALL President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:6 - Invocation by Jerry Schuber, Department of Public Utilities. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following revisions to the agenda: File ID 19-1682 (1-M) - Approve the appointments for the District 3 Implementation Committee, Eric Payne was removed and Robert Fuentes and America Hernandez was added, File ID 19-1638 (1-F) - Resolution – Adopting the County Multi-Hazard Mitigation Plan update 2018 was removed from the agenda by staff, File ID 19-1640 (1-G) - The title should read "Actions pertaining to authorizing (not accept) the submission of grant applications” through Statewide Park Development and Community Revitalization Program (Proposition 68), File ID 19-1675 (1-H) - Actions pertaining to construction of 850 Linear feet of water main installation for the Mono Street and H Street downtown water main enhancements project (District 3) was removed from the agenda by staff, File ID 19-1689 (1-Q) - Resolution – Declaring “The Origin of Certain Place Names” by Marisol Baca the Official Poem of Fresno was pulled from Consent Calendar and moved to General Administration by Councilmember Esparza, District 7, File ID 19-1673 (1-R) - Actions pertaining to a Veterans Memorial at City Hall, was a joint vote of the City Council and the Fresno Revitalization Corporation (FRC) and File ID 19-1660 (5-A) - Conference with Legal Counsel regarding Garney Pacific Company was removed from the agenda by staff. On motion of Councilmember Bredefeld, seconded by City of Fresno ***Subject to Mayoral Veto Page 2 May 16, 2019City Council Meeting Minutes - Draft Councilmember Soria, the above item was adopted as amended. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - APPROVE MINUTES ID19-1394 Approval of minutes for May 1 and May 2, 2019. On motion of Councilmember Soria, seconded by Councilmember Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - CEREMONIAL PRESENTATIONS ID19-1543 Proclamation of “Alan Hofmann Day” PRESENTED ID19-1549 Proclamation of “Lyme Disease Awareness Month” PRESENTED ID19-1625 Proclamation of “National Public Works Week” PRESENTED ID19-1600 Proclamation of “Teen Pregnancy Prevention Month” PRESENTED ID19-1613 Proclamation of “Fresno Rainbow Pride Parade” PRESENTED CONSENT CALENDAR 1-Q ID19-1689 RESOLUTION - Declaring “The Origin of Certain Place Names” by Marisol Baca the Official Poem of Fresno The item was pulled from Consent Calendar by Councilmember Esparza and moved to General Administration for further discussion and presentation. City of Fresno ***Subject to Mayoral Veto Page 3 May 16, 2019City Council Meeting Minutes - Draft The above item was introduced to Council by Councilmember Esparza, District 7. Upon call, there was no public comment. Marisol Baca read the official poem of Fresno "The Origin of Certain Place" into the record. RESOLUTION 2019-098 ADOPTED On motion of Councilmember Esparza, seconded by President Caprioglio, that the above Resolution be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - COUNCILMEMBER REPORTS AND COMMENTS Council President Caprioglio announced the "Hello Summer" kick off, Saturday, May 18, 2019 at Vinland Elementary, he thanked the PARCs team for all their hard work. He announced Macy's at Fashion Fair Mall will have a grand opening on Saturday, May 18, 2019 at 9:00 A.M. to announce their first low cost store within a store concept called "Macy's backstage." Council President Caprioglio attended the First Honor Flight Home, Wednesday May 15, 2019 and he thanked the Airports crew for all their hard work. He mentioned Fresno State graduations and the women's rugby success as the national champions at the club level. He attended the Grizzly Fest, May 4, 2019 at Woodward Park. Council President Caprioglio and Councilmember Chavez went to Washington DC as the “One Voice Team” to get as much money as they can to improve City of Fresno's community. Councilmember Soria announced the annual Quigley Park Luau will be Friday, May 17, 2019 from 4:00-7:00 P.M. at Quigley Park to obtain community output for the renovation of the park. She announced the Wilson Island Centennial celebration, to celebration the National Historic Preservation Month, Saturday May 18, 2019 at 9:30 A.M. at the Voice Auditorium at Fresno High School. She announced the third annual inspiration for Humanity Event, Saturday, May 18, 2019 at Inspiration Park from 10:00 A.M. to 1:00 P.M. and she announced Echo and Weldon block City of Fresno ***Subject to Mayoral Veto Page 4 May 16, 2019City Council Meeting Minutes - Draft party right by Fresno High, Monday, May 27, 2019 from 11:00 A.M. to 2:00 P.M. Council Vice President Arias asked City Attorney Sloan and City Manager Quan what the procedures are when a candidate wants to meet with City staff. City Attorney Sloan and City Manager Quan responded. Councilmember Esparza announced there is a new mural on the corner of North East Tulare and Cedar inspired by "making something beautiful" by Rafeal Lopez. He stated he went to see the exhibits at the Fresno Art Museum and he attended the ribbon cutting for Innovation Commercial Flooring a new business in District 7. Councilmember Chavez attended the fifth annual Senior Spring Fling at Mosqueda Park and thanked County of Fresno Supervisor Sal Quintero, the Fresno Police Department and Fire Department for helping with the BBQ. He spoke regarding his trip to Washington DC with Council President Caprioglio to discuss improvements for the City of Fresno community. 1. CONSENT CALENDAR (CONTINUED) 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. On motion of Councilmember Soria, seconded by President Caprioglio, the below CONSENT CALENDAR items were adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-A ID19-1453 Actions pertaining to the Shaw Avenue Intelligent Transportation Systems (ITS) Traffic Signal Synchronization Project (SR99 - SR41) (Council Districts 1, 2 and 4) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301(c) (Existing Facilities) of the California Environmental Quality Act Guidelines 2. RESOLUTION - To dispense with the competitive bidding requirements and authorize the Public Works Director to enter into a City of Fresno ***Subject to Mayoral Veto Page 5 May 16, 2019City Council Meeting Minutes - Draft contract for the purchase of traffic signal adaptive modules for central processing unit, licenses, configuration, training, and warranty (Requires 5 affirmative votes) 3. Award a purchase contract in the amount of $338,100 to Trafficware Group Inc., for the purchase of Synchro Green modules for the 16 intersections for the Shaw Avenue ITS Traffic Signal Synchronization Project RESOLUTION 2019-099 ADOPTED 1-B ID19-1659 RESOLUTION - Approving the Final Map of Tract No. 6156 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - Northeast corner of North Millbrook Avenue and East Nees Avenue (Council District 6) RESOLUTION 2019-100 ADOPTED 1-C ID19-1604 Actions pertaining to Workforce Innovation and Opportunity Act Mandated Partner Memorandum of Understanding: 1. Approve the use of the Workforce Innovation and Opportunity Act Mandated Partner Memorandum of Understanding (MOU) Template 2. Authorize the City Manager to sign all Mandated Partner MOUs as they complete negotiation and are presented to the City Manager’s Office 1-D ID19-1629 Approve the award of a purchase contract to Haaker Equipment Company Inc., of La Verne, California, for the purchase of one Vactor Jetter truck in the amount of $315,236 1-E ID19-1633 Approve the award of a purchase contract to Atlantic Machinery, Inc., of Silver Springs, Maryland, for the purchase of one Ravo 5-i Series compact street sweeper in the amount of $256,238 1-F ID19-1638 RESOLUTION - Adopting the County Multi-Hazard Mitigation Plan Update 2018 The above item was removed from the agenda by staff. 1-G ID19-1640 Actions pertaining to authorizing not accept the submission of grant applications through Statewide Park Development and Community Revitalization Program (Proposition 68). 1.***RESOLUTION - To approve the filing of an application for Statewide Park Development and Community Revitalization Program grant funds for new park development at Church/Orangewood (Council District 5) (Subject to Mayor’s veto) 2.***RESOLUTION - To approve the filing of an application for City of Fresno ***Subject to Mayoral Veto Page 6 May 16, 2019City Council Meeting Minutes - Draft Statewide Park Development and Community Revitalization Program grant funds for Quigley Park reconstruction (Council District 1) (Subject to Mayor’s veto) 3.***RESOLUTION - To approve the filing of an application for Statewide Park Development and Community Revitalization Program grant funds for Radio Park improvements (Council District 7) (Subject to Mayor’s veto) 4.Authorize execution of all application- related documents by the Parks, After School, Recreation and Community Services Interim Director or designee The above title was changed and should read "Actions pertaining to authorizing (not accept) the submission of grant applications” through Statewide Park Development and Community Revitalization Program (Proposition 68). RESOLUTION 2019-101 ADOPTED RESOLUTION 2019-102 ADOPTED RESOLUTION 2019-103 ADOPTED 1-H ID19-1672 Actions pertaining to construction of 850 linear feet of Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Council District 3): 1.Adopt findings of Section 15282 (Other Statutory Exemptions) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Bill Nelson GEC, Inc ., in the amount of $322,718 3.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno The above item was removed from the agenda by staff. 1-I ID19-1651 Actions pertaining to Preparation of Workplans for Evaluation of the Existing Groundwater Monitoring Well Network and Arsenic and Manganese Assessment at the Fresno -Clovis Regional Wastewater Reclamation Facility (Council District 3 and Citywide): 1.Adopt a finding of Categorical Exemption pursuant to Class 6, Section 15306 of the California Environmental Quality Act Guidelines 2.Approve a consultant services agreement with Carollo Engineers, Inc ., in an amount not to exceed $250,000 3.Authorize the Director of Public Utilities, or designee, to sign all documents on behalf of the City of Fresno City of Fresno ***Subject to Mayoral Veto Page 7 May 16, 2019City Council Meeting Minutes - Draft 1-J ID19-1654 Approve the Non-Exclusive Transportation Network Company Airport Permit and Agreement between City of Fresno and Uber Technologies, Inc., (Uber), for ground transportation services by computer application-based networks at Fresno Yosemite International Airport . (Council District 4) The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-K ID19-1692 Approve the Non-Exclusive Transportation Network Company Airport Permit and Agreement between City of Fresno and Lyft Inc ., for ground transportation services by computer application -based networks at Fresno Yosemite International Airport . (Council District 4) The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-L ID19-1681 Approve override of Mayor’s veto of “Resolution - Assigning Office and Parking Space,” Resolution 2019-086 adopted by the City Council on April 25, 2019 (Requires 5 affirmative votes). The above item was removed from the agenda by Council Vice President Arias, District 3. Council Vice President Arias stated the Resolution assigning office and parking space had been discussed with the Mayor and resolved. 1-M ID19-1682 Approve the appointments of Naindeep Singh, Nancy Gray, Debbie Darden, Jan Minami, Robert Fuentes, America Hernandez and Ivanka Saunders to the District 3 Plan Implementation Committee 1-N ID19-1684 Approve the appointments of Geraldine Wong and Robin Katich to the District 6 Plan Implementation Committee 1-O ID19-1685 Approve the appointment of Don Gross to the Fire and Police Retirement Board 1-P ID19-1686 Approve the following appointments to the Immigration Affairs Committee: 1.Nancy Key and Hugo Morales - District 1 2.Manuel Cunha and Deepak Ahluwalia - District 2 3.Naindeep Singh and America Hernandez - District 3 4.Jessica Smith Bobadilla and Maggie Thao - District 4 5.Samuel Molina and Evelyn Gonzalez - District 5 6.Guillermo Moreno and Elizabeth Heng - District 6 City of Fresno ***Subject to Mayoral Veto Page 8 May 16, 2019City Council Meeting Minutes - Draft 7.Thomas Hernandez and Margarita Rocha - District 7 8.Pao Yang - Mayor’s Office 1-R ID19-1673 Actions pertaining to a Veterans Memorial at City Hall: 1.Approve Agreement with Bell Memorials & Granite Works, Inc., in the amount of $83,854.46 for design, fabrication and installation services; and 2.Approve Agreement with WW2 Research Inc., in the amount of $15,000 for research services. Sponsor: Councilmember Bredefeld and Fresno Revitalization Corporation (FRC) The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. CONTESTED CONSENT CALENDAR 1-J ID19-1654 Approve the Non-Exclusive Transportation Network Company Airport Permit and Agreement between City of Fresno and Uber Technologies, Inc., (Uber), for ground transportation services by computer application-based networks at Fresno Yosemite International Airport . (Council District 4) The above item was introduced to Council by Director Meikle, Airports Department. Councilmember Bredefeld asked staff why there is a difference in fees for Uber and Lyft. He asked if the fees will be generated back to the City of Fresno general fund or to the Airports department. Councilmember Bredefeld asked if the revenues will be used for the expansion of the Airport. Director Meikle responded. Council Vice President Arias asked staff why the revenue remains at the Airports department and who determines why the revenue stays within the Airports department rather than the general fund. Director Meikle responded that is determined by the Federal Aviation Administration (FAA). Council Vice President Arias asked if the revenue from the gas stations that are on the airports property go back to the Airports department. He also asked who was responsible for making sure that the properties leased by the Airports department are maintained and managed according to the City of Fresno codes. He stated there is an issue with the advertisement of City of Fresno ***Subject to Mayoral Veto Page 9 May 16, 2019City Council Meeting Minutes - Draft alcohol and beer at the gas station on McKinley and Peach. He requested staff look into it. Director Meikle responded. Upon call, there was no public comment. APPROVED On motion of President Caprioglio, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-K ID19-1692 Approve the Non-Exclusive Transportation Network Company Airport Permit and Agreement between City of Fresno and Lyft Inc ., for ground transportation services by computer application -based networks at Fresno Yosemite International Airport . (Council District 4) The above item was introduced to Council by Director Meikle, Airports Department. The above item was discussed with File ID 19-1654 (1-J) and taken as one motion. Upon call, there was no public comment. APPROVED On motion of President Caprioglio, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-R ID19-1673 Actions pertaining to a Veterans Memorial at City Hall: 1.Approve Agreement with Bell Memorials & Granite Works, Inc., in the amount of $83,854.46 for design, fabrication and installation services; and 2.Approve Agreement with WW2 Research Inc., in the amount of $15,000 for research services. Sponsor: Councilmember Bredefeld and Fresno Revitalization Corporation (FRC) The above item was introduced to Council by Boardmember Bredefeld. City of Fresno ***Subject to Mayoral Veto Page 10 May 16, 2019City Council Meeting Minutes - Draft Council Vice President Arias left the meeting at 2:40 P.M. Upon call, there was no public comment. On motion of Boardmember Bredefeld, seconded by Boardmember Caprioglio, that the above Action Item be approved. The motion PASSED 5-0, Boardmember Arias and Mayor Brand were absent. APPROVED 10:00 A.M. (CONTINUE TO 2:00 P.M.) 2. SCHEDULED COUNCIL HEARINGS AND MATTERS ID19-1624 HEARING - To vacate a portion of West Devlan Avenue and North Weber Avenue north of the Southern Pacific Railroad. (Council District 2) The above item was continued to 2:00 P.M. 2:00 P.M. ID19-1652 CONTINUED HEARING - To vacate a portion of West Devlan Avenue and North Weber Avenue north of the Southern Pacific Railroad. (Council District 2) 1.***RESOLUTION - Ordering the vacation of a portion of West Devlan Avenue and North Weber Avenue north of the Southern Pacific Railroad. (Subject to Mayor’s Veto) The item was called to order at 2:42 P.M. The above item was introduced to Council by Chief Surveyor Camit, Public Works Department. Upon call, there was no public comment. RESOLUTION 2019-104 ADOPTED On motion of Councilmember Soria, seconded by President Caprioglio, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Soria, Chavez, Bredefeld and Esparza5 - City of Fresno ***Subject to Mayoral Veto Page 11 May 16, 2019City Council Meeting Minutes - Draft Absent:Arias1 - 2:10 P.M. SCHEDULED COMMUNICATION ID19-1644 Appearance by Gidai Maaza and Cesar CasaMayor to discuss the Measure Cannabis Business tax and the need to define the regulations. DID NOT APPEAR ID19-1661 Appearance by Gonzalo Arambula to discuss the homeless DID NOT APPEAR 3. GENERAL ADMINISTRATION 3-A ID19-1648 Approve the award of a cooperative purchase agreement to Quinn Company of Fresno, California, for the purchase of four Caterpillar 430F2 backhoes in the amount of $560,544 Council Vice President Arias returned to the meeting at 2:44 P.M. The above item was introduced to Council by Director Barfield, Transportation Department. Upon call, there was no public comment. APPROVED On motion of Councilmember Chavez, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 3-B ID19-1653 Actions pertaining to Sewer Improvements in the Vicinity of North First Street and East Dakota Avenue (Bid File 3635) (Council District 7): 1.Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Emmett ’s Excavation, Inc., in the amount of $729,049. 3.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno The above item was introduced to Council by Licensed Engineer Pavic, City of Fresno ***Subject to Mayoral Veto Page 12 May 16, 2019City Council Meeting Minutes - Draft Public Utilities Department. Upon call, the following member of the public addressed Council: Jaime Loza. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 3-C ID19-1670 Actions pertaining to the 2017 Transformative Climate Communities (TCC) Grant and Transform Fresno Plan projects: 1.Approve a Sub-Recipient Agreement with Fresno Economic Opportunities Commission (EOC) for Project 2 EOC Partnership for Energy Savings and Green House Gas Reductions in Southwest Fresno totaling $3,208,377.70 in TCC funding and Project 20 EOC Partnership for Energy Savings and Green House Gas Reductions in Southwest Fresno: EFMP Plus-Up Vehicle Replacement and Incentives totaling $530,000 as a leverage only project; and 2.Approve a Sub-Recipient Agreement with the City of Fresno Department of Public Works for Project 9 Mariposa Plaza totaling $3,859,000; and 3.***RESOLUTION - 40th amendment to the Annual Appropriation Resolution (AAR) No. 2018-157 appropriating $137,800 from the TCC Grant (Requires 5 affirmative votes) (Subject to Mayor’s veto). Councilmember Chavez recused himself from the above item. The above item was introduced to Council Vice President Arias, District 3. Councilmember Bredefeld asked how the 170 homes are identified and how are they selected in the area. Council Vice President Arias and Program Implementation Manager Espinoza replied. Upon call, there was no public comment. RESOLUTION 2019-105 ADOPTED On motion of Vice President Arias, seconded by Councilmember Soria, that the above Discussion Item be adopted. The motion carried City of Fresno ***Subject to Mayoral Veto Page 13 May 16, 2019City Council Meeting Minutes - Draft by the following vote: Aye:Caprioglio, Arias, Soria, Bredefeld and Esparza5 - Recused:Chavez1 - 4. CITY COUNCIL 4-A ID19-1663 Appoint a member and an alternate to the San Joaquin Valley Special City Selection Committee Council President Caprioglio appointed Council Vice President Arias to the San Joaquin Valley Special City Selection Committee. APPROVED UPON CONSENSUS 4-B ID19-1683 Actions pertaining to non-transient motels: 1.BILL - (for introduction) adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. 2.RESOLUTION--Initiating a Text Amendment to the Zoning Ordinance of the City of Fresno to add section 15-2769 relating to non-transient residence requirements, pursuant to Fresno Municipal Code section 15-5803-a(1). The above item was introduced to Council by Council Vice President Arias, District 3, Councilmember Soria, District 1 and Councilmember Esparza, District 7. Upon call, the following members of the public addressed Council: Kyle Schmidt, Sara Johnson, Gonzalo Arambula, Jaime Loza and Brandi Villegas. Councilmember Bredefeld asked several questions regarding what is involved, how many city employees will be needed, how will it work and would it be through Code Enforcement. Council Vice President Arias responded that it would be operated through Code Enforcement and the fees have not been included currently and that the cost of the inspections will be developed within the next six months. Councilmember Bredefeld expressed his concerns with Code Enforcement not being proactive. Council Vice President Arias responded. RESOLUTION 2019-106 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 14 May 16, 2019City Council Meeting Minutes - Draft BILL 14 INTRODUCED AND LAID OVER On motion of Vice President Arias, seconded by Councilmember Soria, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 4-C ID19-1691 RESOLUTION - Supporting Senate Bill 18 - Keep Californians Housed Act The above item was introduced to Council by Councilmember Soria, District 1. Councilmember Soria gave direction to the City Clerk to send the executed resolution to Senator Skinner's office. Upon call, the following member of the public addressed Council: Brandi Villegas. RESOLUTION 2019-107 ADOPTED On motion of Councilmember Soria, seconded by Vice President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 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. Upon call, the following member of the public addressed Council: David Love 3:00 P.M. City of Fresno ***Subject to Mayoral Veto Page 15 May 16, 2019City Council Meeting Minutes - Draft ID19-1671 Request for City partnership in development and filing of a $4.9 million dollar Prop 68 Parks Grant Application, and a $400,000 Cal Fire Grant Application. The above workshop was introuduced to Council by Jose Barraza, CEO of Southeast Fresno Community Economic Development Association. PRESENTED 5:00 P.M. (CONTINUE TO JUNE 13, 2019 AT 5:00 P.M.) ID19-1656 HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director 1.RESOLUTION - Initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan, and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15-5803-C and 15-4902-B. The above item was continued to June 13, 2019 at 5:00 P.M. 5. CLOSED SESSION 5-A ID19-1660 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. City of Fresno v. Garney Pacific Company dba Garney Construction Company The above item was removed from the agenda. 5-B ID19-1687 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a) 1.Discuss security of City Hall The above item was removed from the agenda. ADJOURNMENT City Council adjourned at 3:52 P.M. City of Fresno ***Subject to Mayoral Veto Page 16 May 16, 2019City Council Meeting Minutes - Draft City of Fresno ***Subject to Mayoral Veto Page 17 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1833 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 SUBJECT Approval of Budget minutes for June 3, 2019 and June 6, 2019. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ Thursday, June 6, 2019 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Budget Hearing June 6, 2019City Council Meeting Minutes - Draft BUDGET HEARINGS - Commencing on June 3, 2019, the budget hearing will be considered one continuous meeting. The City Council met in the budget hearing sessions in the Council Chamber, City Hall on the date and time written above. 9:02 A.M. ROLL CALL Council Vice President Arias was absent during roll call and joined the meeting at 9:03 A.M. Councilmember Bredefeld was absent during roll call and joined the meeting at 9:20 A.M. President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:6 - Pledge of Allegiance to the Flag BUDGET HEARINGS Thursday, June 6, 2019 - 9:00 A.M. ID19-1727 Finance Department Councilmember Esparza announced an amendment to his motion for the Fire department. Councilmember Esparza motioned to add three ranked specific firefighters and three ranked specific Capitan Safety Officers. Councilmember Chavez seconded the amendment to the motion. Budget Manager Fierro presented an overview of the Finance Department for the Council. Council Vice President Arias expressed his concerns and requested additional information regarding the reorganization of the Utility Billing and Collection (UB&C) department based on the skills of the individual. Councilmember Soria asked staff to explain what the charges will be from the general fund and how will they be reported. Council President Caprioglio asked that the services not impact the community. Staff responded. City of Fresno ***Subject to Mayoral Veto Page 2 June 6, 2019City Council Meeting Minutes - Draft Council Vice President Arias asked staff several questions regarding the independent auditor. He requested clarification from the City Attorney's Office if the Council is allowed by the Charter, to hire an independent auditor in addition to the internal auditor. He asked how much additional resources there were in personnel cost, if all the positions were filled in the Finance department and if not, where are the vacancies. He expressed his concerns with the timeframe of the internal audit for the Police department and requested an update from the City Manager's Office no later than June 13, 2019. Staff responded. Councilmember Soria requested details as to the independent auditors placed in the City organization. Staff replied. Councilmember Esparza asked several questions regarding the internal audits and the number of employees. He asked staff how many audits are done per fiscal year and if the staffing of the auditors is comparable to the 2008-2009 fiscal year. He also asked if there is any history of the City of Fresno contracting out for an internal auditor. Staff responded. Council Vice President Arias asked staff more questions regarding the internal audit on the Police department. Upon call, there was no public comment. ID19-1728 Public Works Department Budget Manager Fierro presented an overview of the Public Works Department for the Council. Councilmember Soria and Council Vice President Arias asked staff about the $200,000 for the staffing allocations for the Money Back Guarantee program. Councilmember Soria asked what the $200,000 gets in regards to positions and if more positions are needed to prevent the reimbursement of the Money Back Guarantee program. Council Vice President Arias asked if the $200,000 includes overtime and he requested that the PARCs department projects not be put on the back burner. Staff responded. City of Fresno ***Subject to Mayoral Veto Page 3 June 6, 2019City Council Meeting Minutes - Draft Councilmember Bredefeld asked staff to explain the three positions for the Money Back Guarantee program. Staff replied. Council Vice President Arias spoke regarding a decrease in the Concrete Strike Team program of $1.2 million and he requested for a schedule that outlines the concrete program operations and capital projects to include SB1 funding which has both, components and neighborhood projects. He expressed his frustrations with the budget process and the differences between the budget binder and the staff requesting additional funds. Staff responded. Councilmember Chavez asked about the Concrete Strike Team program and asked several questions about leasing of vehicles. He requested that the department reach out to local businesses for leasing vehicles. Councilmember Esparza spoke regarding the $3.7 million for the McKinley and Olive projects and asked if it is possible to make them into two projects. He also asked about the funding of the short term projects. Staff responded. Councilmember Soria asked about the Fleet issues and requested information about charging stations. Staff replied. Council Vice President Arias asked about the amount of revenue that Facilities or the City of Fresno receives for events held at City Hall, specifically in the council chambers and he asked if the City of Fresno charges rent or for usage. He spoke regarding the lighting in the council chambers and requested Facilities to make the lighting in council chambers a top priority. He requested a status update on no neighborhood left behind and spoke regarding the 5 year capital project plan for streets and infrastructure projects and asked when the plan will be presented Council. Council Vice President Arias noted a packet was handed to Director Mozier regarding the conditions of roads and sidewalks to schools provided by Fresno Unified School District board. He requested a follow up from Director Mozier. Staff responded. Councilmember Chavez motioned to add $10,000 to leverage a $50,000 grant by Community Choice Energy for a feasibility study for low cost City of Fresno ***Subject to Mayoral Veto Page 4 June 6, 2019City Council Meeting Minutes - Draft energy for residents and businesses. Councilmember Esparza seconded the motion. Councilmember Soria requested a closed session item to be placed on the June 13, 2019 agenda regarding the scope of the UB&C remodel project. Councilmember Esparza requested to include an off-line briefing of the scope of the security improvements at City Hall. Staff responded. Council Vice President Arias motioned to set aside $500,000 from the UB&C remodel for City Hall security. Councilmember Soria seconded the motion. Councilmember Soria motioned to add $800,000 for the completion of the quiet zone and safety upgrade construction near Fresno High School; specifically the Shields/Maroa area near the railroad tracks. Councilmember Esparza seconded the motion. Council President Caprioglio motioned to use general fund savings from the capital projects in the amount of $350,300 for the multigenerational facility. Councilmember Chavez seconded the motion. Council President Caprioglio spoke regarding the landscape maintenance program and the cost of a chart in the amount of $14,000. He asked staff several questions regarding Fulton Street and the cost to maintain it. He spoke regarding his district's need for a pot hole maintenance/repair program. He expressed his concerns with the street maintenance funding decrease. Council President Caprioglio motioned to increase Operational Street Maintenance Repair program in the amount of $400,000. Council Vice President Arias seconded the motion. Council Vice President Arias and Councilmember Soria requested an outline of the Fiscal Year 2020 Fulton Mall maintenance expenditures in the amount of $640,300. Councilmember Soria asked about the McKinley project and if there will be enough money to cover the project. She asked staff when they thought the project would be complete. Staff responded. City of Fresno ***Subject to Mayoral Veto Page 5 June 6, 2019City Council Meeting Minutes - Draft Council Vice President Arias asked several questions regarding the stadium and if improvements will be needed in the future. Staff responded. Upon call, there was no public comment. City Council called the special meeting - Closed Session at 10:57 A.M. and reconvened Budget hearings at 12:00 P.M. City Council recessed for lunch at 12:00 P.M. and returned from lunch at 1:09 P.M. ID19-1730 Convention Center Assistant City Manager Sumpter presented an overview of the Convention Center for the Council. Upon call, there was no public comment. ID19-1731 Department of Public Utilities Councilmember Soria returned to the meeting from lunch at 1:18 P.M. Council Vice President Arias returned to the meeting from lunch at 1:20 P.M. Budget Manager Fierro presented an overview of the Department of Public Utilities for the Council. Council Vice President Arias asked how many residential apartments and condominium dwellers do not have access to curbside pickup services and he requested staff bring back the rate of increase for commercial garbage as compared to the increase in residential garbage over the last seven years. He requested a plan to modify the curbside pickup services for current residents to Council before the end of the budget hearings. He requested staff provide Council a list of all the different changes made to the budget that did not reflect the budget binder they received a couple weeks ago. He spoke regarding hybrid and electric vehicles and asked what the increase rate would be to residents to process recyclables. Staff responded. Councilmember Soria asked staff about the Convenience Center, its operations and when it will be up and running for the customers. She asked City of Fresno ***Subject to Mayoral Veto Page 6 June 6, 2019City Council Meeting Minutes - Draft if the EIR will be enough or if staff anticipated it will be complete by Fiscal Year 2020. She spoke regarding selling City of Fresno water and recyclables and she requested a study be brought forward regarding Prop 218. She discussed “Hope for Youth” and asked how long they have served the City of Fresno and what they do for the City of Fresno. She spoke regarding the outreach for the program and the youth playing a bigger role if possible. She also asked staff to explain the increase in the janitorial costs. Staff responded. Council President Caprioglio asked if the City of Fresno can water bank. Staff replied. Councilmember Soria asked several questions regarding the water lobbyist, how much the City of Fresno is paying and what they have accomplished to date. Staff replied. Councilmember Chavez motioned to eliminate the water lobbyist from the Department of Public Utilities budget. Councilmember Bredefeld seconded the motion. Councilmember Chavez requested a map of the purple pipe investments that have been made year-to-date and in the current budget. He requested an off-line discussion on outreach and the expansion of other drop-off sites with Director Carbajal. Staff responded. Councilmember Soria motioned to have a plan to address apartment dwellers and commercial users access and the use of the Convenience Centers. Council Vice President Arias seconded the motion. Upon call, there was no public comment. ID19-1729 Development and Resources Management (“DARM”) Department Councilmember Esparza motioned to add $1.2 million to affordable housing funds, for a total of $2.2 million with the $1 million already in place. Councilmember Soria seconded the motion. Councilmember Esparza motioned to add $85,000 for contract consultants City of Fresno ***Subject to Mayoral Veto Page 7 June 6, 2019City Council Meeting Minutes - Draft to conduct a tax increments financing study for affordable housing. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to move the Neighborhood Services Department to the City Attorney's Office. Council Vice President Arias seconded the motion. Councilmember Chavez motioned to include $10,000 for the Lane and Burrows Neighborhoods under the Neighborhood Revitalization team. Council Vice President Arias seconded the motion. Council Vice President Arias motioned to add $1 million for new market tax credits if there is a gap in funding, as part of the development of the Darling Plant re-location. If insufficient or if the funds are not utilized, the money will go back into the general fund and towards a multigenerational facility. Councilmember Soria seconded the motion. Council Vice President Arias motioned to set aside $100,000 to hire consultants to gather correct data for staff to make recommendations for policy on the Anti-Displacement Taskforce. Councilmember Soria seconded the motion. Council Vice President Arias motioned to add $250,000 for the EIR that supports the Industrial Compatibility Study and if the money is not used then the money will go towards a multigenerational facility. Council President Caprioglio seconded the motion. Councilmember Soria asked several questions regarding DARMs staffing and vacancies. She asked about the three positions being added and what their titles would be. She asked about the smart parking meters and if the project has gone out to bid. She requested a detailed listing of all consultants and their cost under account 53302 for outside Professional Services/Consulting. She spoke regarding the HOPWA funding, Neighborhood Service Program, and the Code Enforcement Department. She asked about the methodology of security assessment and requested a list of all charges for security to the departments. She asked how many Code Enforcement officers there were prior to the recession. She requested City of Fresno ***Subject to Mayoral Veto Page 8 June 6, 2019City Council Meeting Minutes - Draft a Community Development Block Grant (CDBG) summary on repayments for the last five years and requested staff provides Council with a tray memo update from DARM regarding the $500,000 repayment money that was set aside in CDBG. Staff responded. Councilmember Bredefeld asked several questions regarding the three new positions hired for the Money Back Guarantee (MBG) program and discussed when the MBG program launched. He asked if there have been any changes to the MBG applications by DARM. Staff responded. Council Vice President Arias requested an update on the electric scooters and wanted to know when the policy will come back before Council. Councilmember Soria requested staff bring the electric scooters item before the Transportation Committee first. Council President Caprioglio requested a workshop on the pros/cons regarding the electric scooters. Staff responded. Council Vice President Arias requested a tray memo outlining any changes from what the Council adopted versus what is actually being inspected in Rental Housing program and he would like to know if any changes were made after adopting the program. Staff responded. He requested a Multi-inspections and Alcohol Ordinance and wants an estimated cost for the studies and revenue source tied to the proposed ordinance or text amendment fee to reimburse the program. Council President Caprioglio requested the electric scooter item be brought before Council in August. Upon call, the following members of the public addressed Council: Lucia Avila, David Love and Gracie Anninis. City Council adjourned at 3:21 P.M. City of Fresno ***Subject to Mayoral Veto Page 9 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1608 Agenda Date:6/13/2019 Agenda #: CEREMONIAL PRESENTATION June 13, 2019 Presentation of the SPCA Pet of the Month City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1853 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:ESMERALD Z. SORIA Council Offices SUBJECT Proclamation of “Immigration Heritage Month” City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ CITY OF FRESNO Office of Councilmember Esmeralda Soria ___________________________________________ ESMERALDA SORIA, Councilmember, District 1 _____________________________________________ __________________________________________ LEE BRAND, Honorable Mayor PAUL CAPRIOGLIO, Council President, District 4 _____________________________________________ __________________________________________ MIGUEL ARIAS, Council Vice-President, District 3 LUIS CHAVEZ, Councilmember, District 5 _____________________________________________ __________________________________________ GARRY BREDEFELD, Councilmember, District 6 NELSON ESPARZA, Councilmember, District 7 Is hereby presented in honor of: Immigrant Heritage Month WHEREAS, The City of Fresno recognizes its long and rich history of immigrants that have played a vital role in diversifying our community. Immigration is built in the foundation of this great nation, it is a source of the strength we hold, and something we should all take pride in; and WHEREAS, Arabic, Armenian, Cambodian, Chinese, Gujarati, Hmong, Italian, Japanese, Korean, Laotian, Persian, Punjabi, Russian, Spanish, Tagalog, Thai, and Vietnamese are among the most common languages that are spoken in the Central Valley as a result of immigration. This melting pot of different cultures constitutes a population of around 900,000 people in the Central Valley, about 11 million people state wide, and over 44.5 million people across the Unites States of America; and WHEREAS, Immigrants have paved the way for generations to come and become leaders in many professions such as agriculture, arts, business, education, healthcare, law, the military, technology, trade, and transportation; and WHEREAS, Immigrants have been persistent in securing their rights and access to equal opportunities, as well as having campaigned to create a more fair and just society not only for immigrants, but for all Americans. The goal of Immigrant Heritage Month is to celebrate all the monumental contributions that immigrants have made and continue to make every day. NOW, THEREFORE BE IT RESOLVED, that the City of Fresno Mayor and City Council does hereby proclaim June 2019 to be: “Immigrant Heritage Month” in the City of Fresno IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 13 th day of June 2019. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1768 Agenda Date:6/13/2019 Agenda #: CEREMONIAL PRESENTATION Proclamation of “Retired Fresno Police Officer Jouroyan” City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ CITY OF FRESNO Office of Mayor Lee Brand & The Fresno City Council Presented To: Greg Jouroyan WHEREAS: Greg Jouroyan began his career in law enforcement as a police cadet in October of 2000, served as a reserve officer from July of 2001 until becoming a recruit in January of 2002, and was sworn in as a Fresno Police Officer on July 29, 2002; and WHEREAS: Officer Greg Jouroyan’s willpower and desire to serve his community guided him through seventeen years of dedicated vigilance as a Fresno police officer, assisting countless citizens as well as crime victims; and WHEREAS: Officer Greg Jouroyan put his heart and soul into his work, always ready to answer the call of duty, and has been an asset to the Fresno Police Department; and WHEREAS: Officer Greg Jouroyan’s invaluable service has contributed to making our city safer and he has served as a role model in our community; and WHEREAS: Officer Greg Jouroyan loved his job as a Fresno Police Officer and was well respected amongst his peers, and the community at large; and WHEREAS: We will continue to be forever grateful to Officer Greg Jouroyan for all of his hard work and dedicated efforts in making the City of Fresno a safer community over the last seventeen years. NOW, THEREFORE BE IT RESOLVED, that we, Mayor Lee Brand and Fresno City Council, do hereby proclaim Thursday, June 13, 2019 to be: “Officer Greg Jouroyan Day” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City of Fresno, California, this 13th day of June, 2019. _______________________________________ MAYOR LEE BRAND _______________________________________ _______________________________________ COUNCIL PRESIDENT PAUL CAPRIOGLIO COUNCIL VICE PRESIDENT MIGUEL ARIAS _______________________________________ _______________________________________ COUNCILMEMBER ESMERALDA SORIA COUNCILMEMBER LUIS CHAVEZ _______________________________________ _______________________________________ COUNCILMEMBER GARRY BREDEFELD COUNCILMEMBER NELSON ESPARZA City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1753 Agenda Date:6/13/2019 Agenda #: CEREMONIAL PRESENTATION June 13, 2019 Presentation of a $25,000 check from PG&E to offset costs associated with operation of the cooling centers. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1655 Agenda Date:6/13/2019 Agenda #: CEREMONIAL PRESENTATION June 13, 2019 SUBJECT Government Finance Officers Association’s Distinguished Budget Presentation Award Recognition, Budget and Management Studies Attachment:Resolution - Distinguished Budget Presentation Award City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1666 Agenda Date:6/13/2019 Agenda #:1-A REPORT TO THE CITY COUNCIL June 13, 2019 FROM:BRYON HORN, Chief Information Officer Information Services Department SUBJECT Approve the Solutions Agreement with Superion LLC (Superion)to renew software hosting, maintenance,and support services annually for five years in an amount not to exceed $225,000 per year. RECOMMENDATION Staff recommends Council approve the Solutions Agreement with Superion LLC (Superion)to renew software hosting,maintenance,and support services annually for five years in an amount not to exceed $225,000 per year. EXECUTIVE SUMMARY The City of Fresno is completing a five year contract term with Superion,which was previously $269,576 per year to host,maintain and support software running the City’s utility billing system, building permits,code enforcement and planning &zoning modules.With the Development and Resource Management Department’s (DARM)operations having moved to Accela,the Superion system will continue hosting the production utility billing system with read-only archives for building permits,code enforcement and planning &zoning.The annual fee may vary from year to year, however,staff shall not renew if the annual fee exceeds $225,000.The average annual increase shall not exceed 4% per year for the next five years. Having successfully completed the move to Accela,DARM applications for building permits,code enforcement and planning,which were previously hosted by Superion,will now become “read-only” at a reduced fee.Utility billing production software will continue to be hosted and maintained by Superion under this agreement.The total yearly fee will begin at a base amount of $200,815 per year,the first year being a partial prorated year at $150,611.24 beginning April 1,2019.The second year will be discounted further with additional reporting products being dropped from support at the end of 2019 making the second year $195,895.58.The subsequent years will increase 2.5%,4%and 4%, respectively. BACKGROUND City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1666 Agenda Date:6/13/2019 Agenda #:1-A The City has used Superion software on-premise and as a hosted solution continually since 1992. Superion was formerly known as SunGard Public Sector and before that as HTE. On April 1,2009,the City entered into an Application Services Provider agreement for a term of five years with SunGard Public Sector for software hosting services for the City’s utility billing,building permits, code enforcement and planning & zoning applications. The yearly cost was $197,100. On April 1,2014,the City amended their 2009 agreement with SunGard Public Sector to extend the terms of the agreement for five years to March 31,2019 at the rate of $269,576 annually.Contract renewal was delayed due to extended negotiations to reach mutually acceptable terms. The City Attorney’s Office has reviewed and approved the agreement as to form. ENVIRONMENTAL FINDINGS By 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 was not implemented because this item is a renewal of existing services. FISCAL IMPACT The approved FY 2019 budget for Department of Public Utilities and Development and Resource Management Department contains funding for this item.Funding will be appropriated as needed in future budgets. Attachments: Solutions Agreement Superion City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1628 Agenda Date:6/13/2019 Agenda #:1-B REPORT TO THE CITY COUNCIL June 13, 2019 FROM:BRYON HORN, Chief Information Officer Information Services Department SUBJECT ***RESOLUTION -Repealing Resolution No.2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) RECOMMENDATION Staff recommends approving the resolution. EXECUTIVE SUMMARY Effective records management policies benefit the City of Fresno (City)by reducing the time and resources necessary to locate responsive documents,and benefit the public by providing a more focused response to California Public Records Act (CPRA)requests.This resolution replaces Resolution No.2017-339 by adjusting email retention for all City emails in a user’s inbox to have a retention schedule of three years by the year 2022 as well as adjusting instant messaging and web browsing retention from thirty days to six months.All other provisions remain in effect.This resolution further clarifies policies relating to the production and retention of public records stored electronically. BACKGROUND On September 23,2008,Council adopted Resolution No.2008-243,formally amending and superseding Resolution No.93-139 that adopted the Secretary of State Local Government Records Management Guidelines as the Citywide records retention policy. On December 14,2017,Council passed Resolution No.2017-339,setting forth standards for retention and production of public records contained in electronic media.Council is asked to repeal Resolution No.2017-339,in order to clarify policies relating to the production and retention of public records. On March 14,2019,this item was tabled by Council as they requested a Records Retention City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1628 Agenda Date:6/13/2019 Agenda #:1-B On March 14,2019,this item was tabled by Council as they requested a Records Retention Workshop. On April 25, 2019, the aforementioned Council Workshop was held. The resolution is intended to refine the procedures set forth therein and to supplement,not supersede,Resolution No.2008-243.The resolution provides definitions of “Public Records,”“Non- Records,”“Retention of Public Records,”and provides information and retention periods in “Retention and Destruction of Electronic Media.” 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 was not implemented because this Resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no fiscal impact to this item. Attachment: Resolution City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1456 Agenda Date:6/13/2019 Agenda #:1-C REPORT TO THE CITY COUNCIL June 13, 2019 FROM:GREGORY A. BARFIELD, Director Department of Transportation BY:BRIAN BARR, Assistant Director Department of Transportation SUSAN ROGERS, Capital Development Specialist Department of Transportation SUBJECT Actions relating to the purchase of on-board vehicle traffic signal priority equipment 1.Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $223,844.33 for the purchase of on-board vehicle traffic signal priority equipment 2.RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source contract for on-board vehicle traffic signal priority equipment RECOMMENDATION Staff recommends Council approve a sole-source purchase order in the amount of $223,844.33 to Global Traffic Technologies (GTT)for the purchase of on-board vehicle traffic signal priority (TSP) equipment. EXECUTIVE SUMMARY FAX seeks to improve bus service and schedule adherence along the Shaw Avenue corridor between Willow Avenue and Polk Avenue.FAX intends to achieve this by deploying TSP hardware along this corridor.In order to activate and interface with TSP technology,FAX will need to add on-board vehicle TSP units to 20 buses that travel down this corridor.This is an element of the Shaw Avenue TSP capital project and a part of the efforts to improve service. BACKGROUND In February 2018,the Department of Transportation/FAX implemented a TSP solution along its Bus Rapid Transit (BRT)route to improve bus schedule adherence and transit operational efficiency.FAX accomplished this by installing new and/or upgrading existing Opticom equipment at 73 intersections, City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1456 Agenda Date:6/13/2019 Agenda #:1-C accomplished this by installing new and/or upgrading existing Opticom equipment at 73 intersections, installed on-board vehicle units onto 20 buses, and implemented system management software. FAX now seeks to advance on this work by improving bus service and schedule adherence along the Shaw Avenue corridor between Willow Avenue and Polk Avenue by adding TSP technology along the corridor.In order to activate and interface with TSP technology,FAX will need to add on-board vehicle TSP units to 20 existing buses that travel down this corridor. This on-board vehicle TSP equipment supports the Shaw Avenue TSP construction project. The on-board vehicle TSP units will include an integrated GPS and radio unit.This unit will receive GPS signals for vehicle location information and radio signals (2.4 GHz ISM band)to communicate with the TSP Detection Assembly located at designated traffic signals. In order for the City Traffic Operations Center (TOC)retain control and coordinate operations and maintenance between its existing priority control systems,Emergency Vehicle Preemption (EVP)and TSP,the on-board vehicle TSP equipment must be compatible with the current GTT intersection equipment and the present Central Management System (CMS). The on-board vehicle TSP units are an essential component for these buses to maintain on-time performance levels and for ensuring schedule adherence along this corridor.Opticom Traffic Signal Priority equipment is now patented and owned by GTT.Therefore,the needs for FAX to maintain interoperability and compatibility with existing GTT equipment means the on-board units can only be sourced from GTT. This manufacturer no longer distributes its equipment to third-party resellers. On October 22,2018,FAX solicited a Request for Information (RFI)to solicit information on qualified vendors who manufacture on-board vehicle TSP equipment,which is natively compatible with the City’s existing Opticom/GTT intersection equipment and CMS. The RFI closed on November 13, 2018, with two responses. It was confirmed through review that one of the proposers did not meet the specifications of the RFI. FAX has concluded GTT is the only vendor that can supply the required equipment in the United States. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract is exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE The Local Preference Ordinance (FMC 4-108)was not applied because this is a sole source agreement. FISCAL IMPACT There is no fiscal impact to the General Fund from this request.This purchase is funded by Federal Transit Administration (FTA)funds and FAX capital funding already included in the department FY19 City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1456 Agenda Date:6/13/2019 Agenda #:1-C capital budget. Attachments: Sole Source Justification Memo Resolution Product Purchase Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ Direct Customer Global Traffic Technologies, LLC 7800 Third St., N. Saint Paul, MN 55128 United States 800-258-4610 or 651-789-7333 Customer NetSuite Opp't Date Expires Solution/Purchase Type Intersections Vehicles Attn:20 Items Qty Description Part Price Extended Number Per Item Price USD USD Intersection components:0 Vehicle components:80 20 Model 4010 vehicle computer (2 year warranty)76-1000-1298-0 1,650.00$ 33,000.00$ 20 Model 400 GPS antenna/wireless radio (2 year warranty)76-1000-1282-0 1,000.00$ 20,000.00$ 20 Preemption/priority software (distributed - per vehicle)76-1000-1350-0 1,000.00$ 20,000.00$ 20 Automated Schedule Management (ASM) software (per vehicle)76-1000-1297-0 1,500.00$ 30,000.00$ Software:20 20 Vehicle management (per vehicle)76-1000-1308-0 150.00$ 3,000.00$ Extended warranties:40 20 Extended warranty on 4000 series vehicle computer (years 3-10) 76-1000-1298-0-W 1,897.50$ 37,950.00$ 20 Extended warranty on 400 series GPS antenna/wireless radio (years 3-10) 76-1000-1282-0-W 1,150.00$ 23,000.00$ Software maintenance:60 20 Annual SW maint: Preemption/priority (distributed - per vehicle)750.00$ 15,000.00$ 20 Annual SW maint: ASM (per vehicle)1,125.00$ 22,500.00$ 20 Annual SW maint: Vehicle management (per vehicle)112.50$ 2,250.00$ Proposal notes: 1 1 When included, intersection installation pricing assumes a standard configuration without complications. Not included in this proposal are the following items, which will require additional cost: 1) crushed conduit or any other issues preventing cable from being installed, 2) lane or road closures, 3) police or other resources needed at the installation area, and/or 4) other third-party costs not known at the time of the proposal. Quote assumes CVP Vehicle Kit will have internet connectivity for real-time data connection. CVP requires internet connectivity through cellular connection. Quote assumes purchaser will supply complete static GTFS data in the standard static GTFS format. Quote assumes customer is responsible for uploading the new static GTFS data as needed using the GTT provided Static GTFS update tool. Quote assumes real-time route and trip data is available through a web based API which includes current route and trip (tripID) information for all vehicles. The tripID provided through the real-time API is required to match the Static GTFS tripID. Unless otherwise stated, quote assumes purchaser will procure, install, and configure all networking equipment including but not limited to: switch, cellular and/or Wi-Fi modem, antennas, and network cabling. Alternatively, GTT can quote the procurement, installation and configuration of networking equipment required for interface to the proposed priority system on a time and materials basis. Note, these optional services are not included in the above pricing. Quote assumes purchaser will provide a 10” x 18” x 4” hardware installation location on the bus for the CVP Vehicle Kit. Quote assumes GTT has VPN remote access to server side GTT supplied software applications. 206,700.00$ To the extent this proposal is a “Budgetary Proposal,” it is to be used for informational purposes only and is not intended to be a binding contract between the Parties. The prices provided in the Budgetary Proposal are estimates only and are based on information and pricing known as of the date of the Budgetary Proposal. For services, a signed Master Service Agreement (“MSA”) must accompany the order, such agreement is available at http://www.gtt.com/servicesagreement/. The terms and conditions that govern the MSA are available at http://www.gtt.com/sales_terms/. Total before applicable shipping, duties and/or taxes Term: For Ongoing Services City of Fresno, FAX Purchase 52223 G Street TransitSusan Rogers Proposal assumes the intersection cabinets are in good working order and contain wiring diagrams. Vehicle installation assumes standard installation and does not include: 1) special mounting brackets, 2) excess wiring, and/or 3) swapping out previously installed (replacement) vehicle hardware. Proposal excludes any activities associated with: 1) traffic control plan, 2) water pollution control plan, 3) changeable message signs/flaggers, 4) permits/bonds/fees, and/or 5) removal/repair/replacement of concrete, asphalt, conduits or wiring. Project management expenses can increase in instances where development, if required, is not fully scoped. Proposal Bill To City of Fresno, California City of Fresno, California 9647 8-Feb-19 9-May-19 Fresno, CA 93706 Ship To City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1634 Agenda Date:6/13/2019 Agenda #:1-D REPORT TO THE CITY COUNCIL June 13, 2019 FROM:GREGORY A. BARFIELD, Director Department of Transportation BY:BRIAN BARR, Assistant Director Department of Transportation SUSAN ROGERS, Capital Development Specialist Department of Transportation SUBJECT Actions relating to the purchase of traffic signal priority technology 1.Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $210,205.73 for the purchase of traffic signal priority technology 2.RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source agreement for traffic signal priority technology RECOMMENDATION Staff recommends Council approve a purchase order in the amount of $210,205.73 to Global Traffic Technologies (GTT) for the purchase of traffic signal priority (TSP) intersection equipment. EXECUTIVE SUMMARY FAX seeks to improve bus service and schedule adherence along the Shaw Avenue corridor between Willow Avenue and Polk Avenue.FAX intends to achieve this by deploying TSP technology along this corridor.To accomplish this,31 intersections along Shaw Avenue,from Willow Avenue to Polk Avenue,will need to have new or upgraded TSP equipment installed.This technology will optimize signal timing by creating a longer/shorter green at the signal as the bus approaches the intersection. This is an element of the Shaw Avenue TSP capital project and a part of the FAX efforts to improve service. BACKGROUND In February 2018,the Department of Transportation/FAX implemented a TSP solution along its Bus Rapid Transit (BRT)route to improve bus schedule adherence and transit operational efficiency.FAX City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1634 Agenda Date:6/13/2019 Agenda #:1-D Rapid Transit (BRT)route to improve bus schedule adherence and transit operational efficiency.FAX accomplished this by installing new and/or upgrading existing Opticom equipment at 73 intersections, installed on-board vehicle units onto 20 buses, and implemented system management software. FAX now seeks to advance on this work by improving bus service and schedule adherence along the Shaw Avenue corridor between Willow Avenue and Polk Avenue by adding TSP technology along the corridor.The TSP equipment will give preferential treatment to a bus that is running behind schedule by creating a longer/shorter green at the intersection improving the buses ability maintain and/or achieve schedule adherence.In order for the bus to request and obtain a longer/shorter green,the bus must be able to communicate to the TSP technology installed at these intersections. The TSP intersection equipment furnished by this project will provide priority TSP to transit vehicles and preemption to emergency vehicles by sending a priority/preemption request to the traffic signal controller via TSP technology.The TSP technology will include an intersection GPS and 2.4 GHz radio module and connecting cable with an unobstructed range of at least 2,500 feet along with a multimode phase selector that communicates to a TSP module located in the existing traffic signal cabinets.The newly and/or upgraded equipment will be required to be fully inter-operable with the existing City Emergency Vehicle Preemption (EVP)system located at more than 300 existing signals and will conform to the City of Fresno Standard Plans and Specifications for EVP. In order for the City Traffic Operations Center (TOC)retain control and coordinate operations and maintenance between its existing priority control systems,EVP and TSP,the newly installed TSP intersection equipment must be compatible with the existing on-board vehicle TSP equipment,the existing TSP intersection equipment and the present Central Management System (CMS). On January 3,2019,FAX solicited a Request for Information (RFI)to solicit information on qualified vendors who manufacture and provide intersection TSP equipment,which is natively compatible with the current on-board vehicle TSP technology utilized by FAX buses,the existing traffic signal controllers utilized by both the City and Caltrans,and the present CMS.The RFI closed with one response.It was confirmed through review that the proposer,GTT,did meet the specifications of the RFI.FAX has concluded that GTT is the only vendor that can supply the required equipment.This manufacturer no longer distributes its equipment to third-party resellers.The TSP intersection equipment supports the Shaw Avenue TSP construction project. The City Attorney has approved the purchase agreement as to form. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract is exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE The City Local Preference Ordinance (FMC 4-108)was not applied because this is a sole source purchase. FISCAL IMPACT There is no fiscal impact to the General Fund from this request.This purchase is funded by FederalCity of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1634 Agenda Date:6/13/2019 Agenda #:1-D There is no fiscal impact to the General Fund from this request.This purchase is funded by Federal Transit Administration (FTA)funds and capital funding appropriated in the Department of Transportation FY19 capital budget. Attachments: Sole Source Justification Memo Resolution SHTSP Intersection Product Purchase Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ Direct Customer Global Traffic Technologies, LLC 7800 Third St., N. Saint Paul, MN 55128 United States 800-258-4610 or 651-789-7333 Customer NetSuite Opp't Date Expires Solution/Purchase Type Intersections Vehicles Attn:31 Items Qty Description Price Extended Per Item Price USD USD Intersection components:124 31 Model 760 card rack 78-8114-5300-6 295.00$ 9,145.00$ 31 Model 764 multimode phase selector 76-1000-1054 2,795.00$ 86,645.00$ 31 Model 768 auxiliary interface panel 76-1000-1059 495.00$ 15,345.00$ 31 Model 3100 series mast-mount radio receiver 76-1000-1189-0 2,695.00$ 83,545.00$ Proposal notes: 1 1 When included, intersection installation pricing assumes a standard configuration without complications. Not included in this proposal are the following items, which will require additional cost: 1) crushed conduit or any other issues preventing cable from being installed, 2) lane or road closures, 3) police or other resources needed at the installation area, and/or 4) other third-party costs not known at the time of the proposal. The proposed system as part of the RFI includes TSP based schedule adherence. The headway management feature is included but can be configured optionally. 194,680.00$ To the extent this proposal is a “Budgetary Proposal,” it is to be used for informational purposes only and is not intended to be a binding contract between the Parties. The prices provided in the Budgetary Proposal are estimates only and are based on information and pricing known as of the date of the Budgetary Proposal. For services, a signed Master Service Agreement (“MSA”) must accompany the order, such agreement is available at http://www.gtt.com/servicesagreement/. The terms and conditions that govern the MSA are available at http://www.gtt.com/sales_terms/. Total before applicable shipping, duties and/or taxes Term: For Ongoing Services City of Fresno FAX Purchase 12223 G Street TransitSusan Rogers The configuration of the traffic controller to not truncate pedestrial walk is the responsibility of the purchaser. The Opticom system supports this functionality assuming the controller also supports this functionality. Proposal assumes the intersection cabinets are in good working order and contain wiring diagrams. Vehicle installation assumes standard installation and does not include: 1) special mounting brackets, 2) excess wiring, and/or 3) swapping out previously installed (replacement) vehicle hardware. Proposal excludes any activities associated with: 1) traffic control plan, 2) water pollution control plan, 3) changeable message signs/flaggers, 4) permits/bonds/fees, and/or 5) removal/repair/replacement of concrete, asphalt, conduits or wiring. Project management expenses can increase in instances where development, if required, is not fully scoped. Final Proposal Bill To City of Fresno City of Fresno 9441 8-Feb-19 16-Apr-19 Fresno, CA 93706 Ship To Attachment C 2 of 4 WHEREAS, if the intersection TSP equipment does not recognize a request, the intersection would not modify the condition of the signal light to allow the vehicle to move through the intersection, thereby preventing improvements to bus service or schedule adherence; and WHEREAS, on January 3, 2019, FAX released a Request for Information (RFI) to solicit information on qualified vendors who manufacture and provide intersection TSP equipment compatible with the City’s existing 2.4 GHz radio -based technology. The RFI confirmed that Opticom TSP equipment is the only technology that is natively compatible with the City’s existing TSP technology; and WHEREAS, Opticom Traffic Signal Priority equipment is now patented and owned by Global Traffic Technologies (GTT) and since FAX and TOC both wish to maintain interoperability and compatibility with the existing City TSP technology, and since this manufacturer no longer distributes its equipment to third-party resellers, the intersection TSP equipment can only be sourced from GTT; and WHEREAS, FAX staff completed an Independent Cost Estimate prior to the release of the RFI and, upon the determination of a sole provider of the TSP equipment, performed a cost analysis to ensure the cost information received from GTT was fair and reasonable; and WHEREAS, the cost analysis concluded that the price of $200,331.42, submitted by GTT for the intersection TSP components, to be fair and reasonable based upon recent purchase by FAX and other external agencies; and WHEREAS, City Charter Section 1208 requires advertised competitive bidding for equipment involving the expenditure of City monies in excess of $100,000 as 3 of 4 adjusted for inflation, unless Council determines the goods to be supplied can only be provided by one source and the purchase is authorized by reso lution of Council containing a declaration of the facts constituting the sole source; and WHEREAS, the City Manager has approved the proposed sole source purchase of intersection traffic signal priority equipment from GTT LLC and the Department of Transportation now seeks Council approval of such purchase; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The recitals above are incorporated as though set forth in these findings. 2. Based on the information above, it is appropriate for the City to dispense with competitive bidding requirement in this instance and to authorize the Department of Transportation to purchase the TSP equipment from GTT LLC under the sole-source exception. 3. It is proper to dispense with the competitive bidding requirement and execute a contract with GTT LLC to purchase thirty-one intersection TSP units. 4. The Director of Transportation or designee is hereby authorized to execute agreements with GTT LLC as the sole provider of compatible intersection TSP units in the United States. * * * * * * * * * * * * * * 4 of 4 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 , 2019. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Amanda B. Freeman Date Senior Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1721 Agenda Date:6/13/2019 Agenda #:1-E REPORT TO THE CITY COUNCIL June 13, 2019 FROM:GREGORY A. BARFIELD, Director Department of Transportation BY:BRIAN BARR, Assistant Director Department of Transportation DUANE MYERS, Fleet Manager Department of Transportation, Municipal Fleet Division CLIFF TRAUGH, Senior Management Analyst Department of Transportation, Municipal Fleet Division SUBJECT Approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, CA, for the purchase of six Kenworth T300 trucks in the amount of $435,983 RECOMMENDATION Staff recommends Council approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, CA, for the purchase of six Kenworth T300 trucks in the amount of $435,983. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division seeks to purchase six Kenworth T300 trucks to perform treatment,maintenance,and repairs to the city of Fresno water system.The new trucks will be purchased as replacements through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). BACKGROUND The Department of Public Utilities,Water Division is responsible for delivering safe drinking water to approximately 500,000 residential,commercial,and industrial customers over a 114 square mile area.This mission is accomplished through continuous maintenance of the system,and scheduled chlorine treatments.These activities require chlorine trucks to make the deliveries and large service City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1721 Agenda Date:6/13/2019 Agenda #:1-E trucks to repair and maintain the water lines. The Water Division currently uses five F-550 trucks to haul pipe fittings,jack hammers,tools,and mini excavators.These trucks are loaded to capacity daily,which has led to pre-mature break downs, and ultimately engine failures.The new pipe fitter trucks will be based on a Kenworth T300 series cab and chassis,which has a 33 percent higher capacity over the F-550 series trucks.This upgrade from class five to class six will make the trucks robust enough to haul all needed equipment to and from the jobsite safely and efficiently. The current chlorine truck is a T300 series Kenworth with a specially constructed 1,500 gallon cholorbutyl-coated tank.This body and tank will be refurbished and re-used when the replacement cab and chassis arrives.The new truck will be built to a specification similar to the original,updated with the latest emissions technology, exceeding the US 2010 emissions standard. The six trucks identified for replacement are on a 10-year or 100,000 mile replacement schedule, which has been established by the Municipal Fleet Division as the optimum replacement time. Currently,the trucks are between 10 and 15 years old,staff recommends replacement of these units as soon as possible in order to keep up with the continuous maintenance schedule of the water system. The T300 trucks will be purchased following a competitively solicited cooperative procurement process administered by Sourcewell,formerly NJPA.Sourcewell utilizes a rigorous request for proposal (RFP),which includes development of solicitation document and proposal evaluation criteria,public advertisement,a five-to six-week response period,and a pre-proposal conference. Upon closing of the response period,a committee evaluates proposals to determine the responsiveness against the pre-determined RFP evaluation criteria.Multi-year contracts are awarded based on the evaluation scores. The price per unit for the pipe fitter trucks is $71,124.32 and $80,361.43 for the chlorine truck.This price includes the Sourcewell,cooperative purchasing discount applied to City purchases,as well as sales tax at 7.975 percent.The Purchasing Division has approved this contract and recommends Council to approve. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract does not qualify as a “project.” LOCAL PREFERENCE Local preference is not applicable as this purchase is through a cooperative purchase agreement. FISCAL IMPACT No general funds will be used to purchase these items.The funding to cover the purchase cost of the Kenworth T300 trucks has been included in the FY19 adopted budget under the operations of the Department of Public Utilities,Water Division.The source of funding for this project is the Municipal Fleet Division,Replacement Fund and the Water Division,Operating Fund generated primarily City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1721 Agenda Date:6/13/2019 Agenda #:1-E through the collection of user fees. No general funds will be used to purchase these items.The funding to cover the purchase cost of the Kenworth T300 trucks has been included in the FY19 adopted budget under the operations of the Department of Public Utilities,Water Division.The source of funding for this project is the Municipal Fleet Division,Replacement Fund and the Water Division,Operating Fund generated primarily through the collection of user fees. Attachments: Acceptance and Award Combined Ads Comment and Review Evaluation Kenworth Contract RFP City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ 12-Step Procurement Process About Us Affiliations & Relationships Become a Member Get to Know NJPA - Indefinite Quantity Construction Contracting Systems and related services - Printing, Messaging, and related communications products and services - Exercise, Fitness, and Rehabilitation equipment with related accessories, services, installation, and supplies - Flooring with related equipment, products, supplies, installation, and services - Benefit/Broker Services for Program Development, Analysis, Evaluation, and Marketing of a Group Dental Insurance Program - Surplus Auction Services with Related Solutions - Medical Claims Administrative Services Specific and Aggregate Stop Loss Coverage Prescription Drug Claims Administration - Automotive and Truck Replacement Parts and Tires with Related Equipment, Accessories, and Services - Class 6,7, and 8 Chassis with Related Equipment, Accessories, and Services Current & Pending Solicitations Vendor Reference Guide Become a Vendor Cooperative Purchasing Vendor Name * Vendor Address * Vendor City * Vendor State * Vendor Zip Code * Contact Name * Contact Email * Contact Phone Number * Submit - Class 6,7, and 8 Chassis with Related Equipment, Accessories, and Services The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #081716 CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES . Details of this RFP are available beginning June 21, 2016. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until August 17, 2016 at 4:30 p.m. Central Time at the above address and opened August 18, 2016 at 8:00 a.m. Central Time. Pre-Proposal Conference: July 27, 2016 at 10:00 am CT Sealed proposals due: August 17, 2016 at 4:30 pm CT Proposals will be publicly opened: August 18, 2016 at 8:00 am CT NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. E-mail rfp@njpacoop.org, an email will be sent back to you with the documents 2. Send a letter of request to National Joint Powers Alliance: Attn: Contracts and Compliance Department 202 12th Street NE, Staples, MN 56479 3. Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. RFP Document Request Form (this will redirect you to a page to download the documents): *is a required field Home > Cooperative Purchasing >Become a Vendor >Current & Pending Solicitations > - Class 6,7, and 8 Chassis with Related Equipment, Accessories, and Services Page 1 of 2National Joint Powers Alliance :: - Class 6,7, and 8 Chassis with Related Equipment, Acc... 6/22/2016http://www.njpacoop.org/national-cooperative-contract-solutions/become-vendor/current-p... Contracts - General Contracts - Fleet Contracts - ezIQC Construction Cooperative Health Current & Pending Solicitations FAQs How to Purchase State Legal References NJPA Access for Vendors Public Sector Insured Deposit Search Vendors & Products Tribal Vendor Newsletter What Can NJPA Do For You Procurement Plaza Page 2 of 2National Joint Powers Alliance :: - Class 6,7, and 8 Chassis with Related Equipment, Acc... 6/22/2016http://www.njpacoop.org/national-cooperative-contract-solutions/become-vendor/current-p... [Go Back To Agency View] [Bid Board] Chat Help Logout Home Search Browse My Stuff Tools Bid RFP #081716 - CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Bid Type RFP Bid Number 081716 Title CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Start Date Jun 22, 2016 1:09:30 PM CDT End Date Aug 17, 2016 12:00:00 AM CDT Agency NJPA Bid Contact Ginger Line (218) 894-5483 ginger.line@njpacoop.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Questions 0 Questions [View/Ask Questions] Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #081716 CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES . Details of this RFP are available beginning June 21, 2016. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until August 17, 2016 at 4:30 p.m. Central Time at the above address and opened August 18, 2016 at 8:00 a.m. Central Time. Delivery Information Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 Pre-Bid Conference Page 1 of 2Public Purchase: Bid RFP #081716 - CLASS 6, 7, AND 8 CHASSIS WITH RELATED ... 6/22/2016http://www.publicpurchase.com/gems/bid/bidView?bidId=63363 Date Jul 27, 2016 10:00:00 AM CDT Location Webcast/Conference Call Notes Connection information will be sent two business days prior to event. We request that you please register with the agency before viewing the bid documents. This process takes only a couple of minutes. [Register with this agency] Documents No Documents for this bid Customer Support: vendorsupport@publicpurchase.com | Copyright 1999-2016 © | The Public Group, LLC. All rights reserved. Page 2 of 2Public Purchase: Bid RFP #081716 - CLASS 6, 7, AND 8 CHASSIS WITH RELATED ... 6/22/2016http://www.publicpurchase.com/gems/bid/bidView?bidId=63363 Bid Information /∠Home ∠List of Bids Bid Information Bid Information for 081716 Bid Number 081716 Bid Name CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Published By National Joint Powers Alliance Solicitation Type Open to all suppliers Contract Type RFP Procurement Name Procurement Published Date 06/22/2016 Closing Date 08/17/2016 04:30:00 PM CT Country & Province/State Ontario, Canada Region & City , Bid Type Goods Group Remind Notice Date Not Applicable Publish Option NIGP Code Value Range Not Applicable Accept questions N/A Tender Area NDA Requirement N/A NOI Date N/A Site Meetings N/A CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES 081716 Closing Date: 08/17/2016 04:30:00 PM CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #081716 CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES . Details of this RFP are available beginning June 21, 2016. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until August 17, 2016 at 4:30 p.m. Central Time at the above address and opened August 18, 2016 at 8:00 a.m. Central Time. No Bid Document Selected Automotive/ Industrial Automotive Services Repairs and maintenance of automobiles , storage of autos, towing, trucking services, leasing, rentals, car washes/cleaning, stabilization system, wheel balancing, etc Aviation Supplies/ Services Planes, helicopters, etc., aircraft parts, aerospace engineering, pilots Heavy Equipment/ Vehicles Dump trucks, bull-dozers, cranes, asphalt rollers, etc. tractors Office trailers, skid loader, earthmovers, heavy duty vehicles, excavators, caterpillar, graders, trains etc. Industrial Vehicles/ Equipment Fire trucks, Ambulances, Transport Trucks, Garbage Trucks, Buses (school and commercial), Utility Trucks, Ride-on Lawn Mowers, decontamination trailers, streetcars, ice-resurfacers, office trailers, trains etc Passenger Vehicles Cars, Sports utility vehicles, pick-up trucks, mini vans, police cars, etc. hybrids Pending Biddingo Approval Pending Biddingo Approval Requirements Bid Advertisement Bid Document Selected Categories (Biddingo Category) Page 1 of 2Biddingo - Leading e-procurement portal for public and private sector bids 6/22/2016https://r2cow.biddingo.com/viewVerification/333392/1250642 Recreational Vehicles and Services ATV's, snowmobiles, RV's (motor homes, trailers) boats, jet-skis, boat motors, skidoos, motorcycles, bikes, rescue boats, mobile office trailers, rafts etc Tools/ Supplies/ Parts Automotive/aircraft parts/tools/lifts, etc., machine shop tools, anti-freeze, parts, car wash drive through system, pick-up caps, hoists etc Seq. Seq. Name Name Description Description Size Size Page Page NDA NDA Required Required Preview Preview Document Document No File Attached Name / Email Name / Email Address Address Phone Phone Fax Fax No Bidder Invited © Copyright 2016 R2CoW. All Rights Reserved. Powered by [ SUPPORT (Download Training Manuals) ] ABOUT SSL CERTIFICATES Attached Bid Documents Invited Bidders Page 2 of 2Biddingo - Leading e-procurement portal for public and private sector bids 6/22/2016https://r2cow.biddingo.com/viewVerification/333392/1250642 Print-friendly Version < Back CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Disclaimer Header Reference Number PR373242 Solicitation Number 081716 Buying Organization National Joint Powers Alliance Source ID PP.CO.USA.868485.C88455 Associated Components Yes Non-disclosure Agreement Not required. Dates Published Revised Closing 2016-08-17 04:30 PM Central Daylight Saving Time CDT Details Opportunity Access Open Category Miscellaneous Goods Transportation Equipment and Spares GSINS Region of Delivery Canada Agreement Type Tender Type Request for Proposal (RFP) Estimated Value Pre-bid Meeting Optional 2016-07-27 10:00 AM Central Daylight Saving Time CDT Webcast/Conference Call Site Visit Not Applicable Bid Security Required No Page 1 of 3Request for Proposal (RFP) Abstract: CLASS 6, 7, AND 8 CHASSIS WITH RELATED ... 6/22/2016https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=3&PORTAL=... Deadline for Bidders' Questions 2016-08-10 Notice Description CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #081716 CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES . Details of this RFP are available beginning June 21, 2016. Proposals will be received until August 17, 2016 at 4:30 p.m. Central Time at the above address and opened August 18, 2016 at 8:00 a.m. Central Time. Contact(s) Contracting Authority Name Ginger Line Address 202 12th Street NE PO Box 219 City Staples State / Province MN Country United States Postal Code 56479 Phone (218)894-1930 Fax (218)894-3045 Email ginger.line@njpacoop.org Website URL Print-friendly Version < Back Note: Web site links will be displayed when available. If you click a web site link, you will be connected to another web site. Your MERX session will timeout after 20 minutes of inactivity. Should this occur, please return to the MERX home page and log in to MERX again. © MERX - All rights reserved. No part of the information contained in the Public Tenders portion of this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of MERX and the Minister of the participating Page 2 of 3Request for Proposal (RFP) Abstract: CLASS 6, 7, AND 8 CHASSIS WITH RELATED ... 6/22/2016https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=3&PORTAL=... government department. MERX, the Minister nor the Contracting Authority will assume responsibility or liability for the accuracy of the information contained in the publication. Page 3 of 3Request for Proposal (RFP) Abstract: CLASS 6, 7, AND 8 CHASSIS WITH RELATED ... 6/22/2016https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=3&PORTAL=... Avenue of Mysteries byJohn Irving (Simon & Schuster,fiction, reprint). An “enchantedand often amusing tale” (says reviewer Don Oldenburg)about a Mexican boy whogrows up to become a famousnovelist living in the USA. eeee out of four BOOKS New paperbacks from John Ir ving, Judd Apatow, Paula McLain ALSO NEWLY RELEASEDCircling the Sun by PaulaMcLain (Ballantine, fiction, reprint). Aviator Beryl Markhamis embroiled in a love triangle inthis novel set in 1920s Africa; bythe author of The Paris Wife. A Lucky Life Interrupted byTom Brokaw (Random House,non-fiction, reprint). The formerNBC News anchor writes aboutbeing diagnosed with multiplemyeloma, a blood cancer. Sick in the Head by Judd Apatow (Random House, non-fiction, reprint). The filmdirector has conversations withfunny people such as Mel Brooks,Jerry Seinfeld, Amy Schumer,Chris Rock and Lena Dunham. The Clasp by Sloane Crosley(Picador, fiction, reprint). Debutnovel about three friends in their20s and a missing necklace. The Education of Kevin Powell by Kevin Powell (Atria, non-fiction, reprint). 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The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #081716 CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES. Details of this RFP are available beginning June 21, 2016. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by email at RFP@njpacoop.org. Proposals will be received until August 17, 2016 at 4:30 p.m. Central Time at the above address and opened August 18, 2016 at 8:00 a.m. Central Time.To advertise, call: 1-800-397-0070 SET YOUR APART. Advertise with USA TODAY!800-397-0070 B R A N D (727)479-2707 |tacituspublishing.com W e bDesig nService s Ratesstartingat $30/hr 1 National Joint Powers Alliance® (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) for the procurement of CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES RFP Opening AUGUST 18, 2016 8:00 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #081716 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #081716 CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES . Details of this RFP are available beginning June 21, 2016. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until August 17, 2016 at 4:30 p.m. Central Time at the above address and opened August 18, 2016 at 8:00 a.m. Central Time. RFP Timeline June 22, 2016 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. July 27, 2016 Pre-Proposal Conference (the webcast/conference call. The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference). August 10, 2016 Deadline for RFP questions. August 17, 2016 Deadline for Submission of Proposals. Late responses will be 4:30 p.m. CT returned unopened. August 18, 2016 Public Opening of Proposals. 8:00 a.m. CT Direct questions regarding this RFP to: Jonathan Yahn at jonathan.yahn@njpacoop.org or (218)895-4144. 2 TABLE OF CONTENTS 1. DEFINITIONS A. Contract B. Proposer C. Sourced Good of Open Market Item D. Vendor 2. ADVERTISEMENT OF RFP 3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation 4. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Inquiry Period B. Pre-Proposal Conference C. Identification of Key Personnel D. Proposer’s Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure I. NJPA’s Rights Reserved 5. PRICING A. Line-Item Pricing B. Percentage Discount From Catalog or Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping Requesting Pricing Changes 6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Marketing Plan G. Certificate Of Insurance H. Order Process and/or Funds Flow I. Administrative Fees J. Value Added K. Waiver of Formalities 7. POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sales Activity D. Audits E. Hub Partner F. Trade-Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 8. GENERAL TERMS AND CONDIITONS A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Gratuities J. Hazardous Substances K. Licenses L. Material Suppliers and Sub-Contractors M. Non-Wavier of Rights N. Protests of Awards Made O. Suspension or Disbarment Status P. Affirmative Action and Immigration Status Certification Q. Severability R. Relationship of Parties 9. FORMS 10. PRE-SUBMISSION CHECKLIST 11. PRICE & PRODUCT CHANGE REQUEST FORM 12. APPENDIX A 3 1 DEFINITIONS A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer’s response pursuant to this RFP, and a fully executed Form E (“Acceptance and Award”) with final terms and conditions. Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms “respondent” or “proposed Vendor,” which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP’s scope 1) that is not currently available under the Vendor’s NJPA contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 4 2 ADVERTISEMENT OF RFP 2.1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake Tribune; 3) on NJPA’s website; and 4) on other third-party websites deemed appropriate by NJPA. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA’s Board of Directors calls for all proposals, awards all Contracts, and holds those resulting Contracts for the benefit of its own and its Members use. 3.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of the NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http://www.njpacoop.org/national- cooperative-contract-solutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 5 3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D . THE INTENT OF THIS RFP 3.10. National contract awarded by the NJPA Board of Directors: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Board of Directors. NJPA’s primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our Member agencies to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at NJPA’s discretion and results from NJPA’s contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor’s request. If NJPA grants a fifth-year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA’s Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 6 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 3.11.3 Deliver “Value Added” aspects of the company, equipment/products and services as defined in the “Proposer’s Response”; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be preferred. NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non- manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer’s authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES. 3.17 Additional Scope Definitions: For purposes of the scope of this solicitation: 3.17.1 In addition to CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES, this solicitation should be read to include, but not to be limited to: 3.17.1.1 Chassis and cabs as classified by the following gross vehicle weight ratings (GVWR): Class 6 – 19,001 to 26,000 lbs.; Class 7 – 26,001 to 33,000 lbs.; Class 8 – 33,001+ lbs. 7 3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.2.1 1) Proposers may include Class 4 and Class 5 chassis in their response provided that these two classes are merely complementary to the Proposer’s Class 6-8 offering. 2) Proposers may include “related equipment, accessories, and services” in their response to the extent that these solutions are an incidental portion of their proposal. The primary focus of this solicitation is on chassis manufacturing and not on a Proposer’s ability to provide turnkey solutions by upfitting a chassis for a particular purpose. 3) This RFP should not be construed to include responses that contain school buses or city transit vehicles. Any portions of a response including such solutions will be disregarded. 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA. 3.19 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as “contract compliant,” products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 8 3.23 Sole Source of Responsibility- NJPA desires a “Sole Source of Responsibility” Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub- Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.24.1.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice “of good, better, best” multiple-grade solutions to meet NJPA Members’ needs. 3.24.1.4 Proven – Accepted – Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members’ needs. 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA’s option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 9 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 [This section is intentionally blank.] 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer’s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.31.2.1 demonstrate the Proposer’s knowledge of industry standards; 3.31.2.2 identify the equipment/products and services being proposed; and 3.31.2.3 differentiate equipment/products and services from others. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 10 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be clearly disclosed in the “Total Cost of Acquisition” section of the proposal. 3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.36 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.37 The NJPA solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a “Solutions-Based Solicitation.” NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 While NJPA does not typically provide product and service specifications, the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members’ needs. NJPA may award all of the respondent’s proposal or may limit the award to a subset of the proposal. 4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission.” RFP packages will be distributed to potential Vendors (or respondents?) during the inquiry period. B. PRE-PROPOSAL CONFERENCE 4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA’s competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 11 4.4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4.6 Exceptions, deviations or contingencies requested in the Proposer’s response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4.8 All proposals must be properly labeled and sent to “The National Joint Powers Alliance, 202 12th Street NE Staples, MN 56479.” 4.9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA’s proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message “Hold for Proposal Opening,” and the deadline for proposal submission. NJPA is not responsible for 12 untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES to Jonathan Yahn at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Jonathan Yahn at (218) 895- 4144. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under “Current and Pending Solicitations”) and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 13 4.23 Sealed and properly identified responses for this RFP entitled CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date-stamping them with an atomic clock. At the time of the public opening, the NJPA Director of Contracts and Marketing or a representative from the NJPA Proposal Evaluation Committee will read the Proposer’s names aloud and will determine whether each submission has met Level-1 responsiveness. I. NJPA’S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 4.24.9 Extend proposal due dates. 5 PRICING 5.1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is $40 Million. This is a new contract category for NJPA, but this 14 conservative estimate is based on heavy chassis sales from an existing NJPA contract, which is not specifically a chassis contract. It is also based on the enormous potential in the government sector for chassis sales through a national cooperative purchasing contract. This estimate also factors in the likelihood of sales increasing throughout the length of the four-year contract. As distribution networks embrace the contract, sales during the latter portion of the contract could well exceed this average annual estimate. 5.3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as “Hot List,” “Sourced Products,” and “Volume Discounts,” as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE-ITEM PRICING 5.5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5.6 All line-item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal. 5.8 Line-item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 5.10 Proposers should provide both a published “List Price” as well as a “Proposed Contract Price” in their pricing matrix. Published List Price will be the standard “quantity of one” price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 5.14 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 15 C. COST PLUS A PERCENTAGE OF COST 5.15 “Cost plus a percentage of cost” as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as “Hot List” pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. For example, if you are proposing equipment/products FOB Proposer’s dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user’s location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor’s NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members’ needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor’s line-item price list or catalog. These items are known as Sourced Goods or Open Market Items. 16 5.27 An awarded Vendor may source such items to the extent that the items are identified as “Sourced Products/Equipment” or “Open Market Items” on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member. NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 “Cost plus a percentage” pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT & PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY effective 02-12-2016.” 5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 17 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor’s shipping program. Shipping charges should reasonably reflect the actual cost of shipping. NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor’s profit, NJPA may reduce the points awarded in the “Pricing” criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 18 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 5 EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the “Warranty” criterion does not apply to a particular RFP, the points normally awarded under “Warranty” may be used to increase the number of potential points in another evaluation category or categories.) The “Pricing” criterion will contain at least a plurality of points for every RFP. 6.2 NJPA uses a scoring system that gives primary importance to “Pricing.” But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer’s offering represents the best value. The evaluation committee may consider such factors as life-cycle costs, total cost of ownership, quality, and the suitability of an offering in meeting NJPA Members’ needs. Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6.3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness,” found just below. B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level-One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if “not applicable” is the answer; 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 19 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6.7 Level-Two Responsiveness (including whether the response is within the RFP’s scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer’s responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry-Specific Questions may help determine scoring relative to a Proposer’s marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6.8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value-Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry-Specific Questions 6.9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses, NJPA has no obligation to consider information that is not provided in the Proposer’s response. NJPA may, however, consider additional information outside the Proposer’s response. This research may include such sources as the Proposer’s website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for “Widgets and Related Products and Services.” NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of NJPA Members. 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested 20 information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer’s proper response to a request for information or products. 6.14 A Proposer’s past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer’s current response. Past performance includes the Proposer’s record of conforming to published specifications and to standards of good workmanship, as well as the Proposer’s history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods, including cost comparisons of specific products. NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the “Market Basket” from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer’s marketing plan is a critical component of the RFP response. An awarded Vendor’s sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract’s success. Marketing success depends on communicating the contract’s value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor’s sales teams. NJPA reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers’ responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but NJPA encourages related services to be a part of Proposers’ response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide. NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. 21 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. NJPA commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer’s Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer’s website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and 22 identifying NJPA as a “Certificate Holder.” The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may b e used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors’ certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA’s Members. 6.28 [This section is intentionally blank.] I. ADMINISTRATIVE FEES 23 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer’s response to the RFP. Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The administrative fee under this Contract cam be expressed as a percentage of total contract sales or as a per-unit amount. While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that “we agree to pay an administrative fee” is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE–ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA’s evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity “credits” to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. “Green” characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer’s ordering process. 24 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 6 POST-AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 7.1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor (or Vendor’s sub-contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that “This purchase order is issued under NJPA contract #XXXXXX” (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7.2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7.3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry-specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a “net 30” payment requirement to the purchase order instead of applying a “net 10” requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7.4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 7.5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a 25 required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member, the Member’s state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA’s contracts by (among other things) extending the use and re-use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7.6 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.7 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.7.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 7.8 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen (14) days’ notice. NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.9 Hub Partner: NJPA Members may request special services through a “Hub Partner” for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.10 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is “Executed for the Benefit of [NJPA Member name].” 26 F. TRADE-INS 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 The Vendor must immediately notify NJPA Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.13 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.13.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.13.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.13.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, NJPA issues a request for assurance, and the Vendor fails to respond; 7.13.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 7.13.6 The Vendor fails to properly report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.14 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately. If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA’s authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 8.2 [This section is intentionally blank.] 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 27 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days’ written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination. 8 GENERAL TERMS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8.1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8.2 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA’s solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA’s solicitation process satisfies the procurement rules in the Member’s jurisdiction. 8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8.5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8.8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA’s liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law. 8.9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by 28 the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.njpacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers, nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA’s national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA’s property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted. If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA, its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 [This section is intentionally blank.] 29 G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours. 8.19 through 8.20 [These sections are intentionally blank.] K. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer’s response to this RFP. L. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NJPA Member. M. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 And protests must be filed with NJPA’s Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or 30 nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party’s argument and supporting documentation; 8.25.8 The aggrieved party’s statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party’s statement of potential financial damages. O. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master-servant, 31 principal-agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 32 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: ____________________________Questionnaire completed by: ________________________________ Please identify the person NJPA should correspond with from now through the Award process: Name: _____________________________________ E-Mail address: _______________________________________ Please answer the questions below using the Microsoft Word® version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question. NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark “NA” if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information & Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. Provide a brief history of your company, including your company’s core values, business philosophy, and longevity in the CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES industry. 2) Provide a detailed description of the products and services that you are offering in your proposal. 3) What are your company’s expectations in the event of an award? 4) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 5) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 6) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 7) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 8) Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. 9) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Industry Recognition & Marketplace Success 33 10) Describe any relevant industry awards or recognition that your company has received in the past five years. 11) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity’s name, contact person, and phone number. 12) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 13) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 14) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 15) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer’s Ability to Sell and Deliver Service Nationwide 16) Describe your company’s capability to meet NJPA Member’s needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details, such as the locations of your network of sales and service providers, the number of workers (full- time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third party), and any overlap between the sales and service functions. 17) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 18) Identify any geographic areas of the United States or NJPA Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 19) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 20) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 21) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 22) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 23) In your view, what is NJPA’s role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 34 24) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Value–Added Attributes 25) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members. Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 26) Describe any technological advances that your proposed products or services offer. 27) Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 28) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 29) What unique attributes does your company, your products, or your services offer to NJPA Members? What makes your proposed solutions unique in your industry as it applies to NJPA members? 30) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: __________________________________________________________ Date: ________________________ 35 Form B PROPOSER INFORMATION Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________ City/State/Zip: ___________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________ Toll-Free Number: ___________________________ E-mail: __________________________________ Website Address: _______________________________________________________________________________ COMPANY PERSONNEL CONTACTS Authorized signer for your organization Name: _________________________________________________________________________________ Email: _________________________________________________Phone: ___________________________________ The person identified here must have proper signing authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer. Who prepared your RFP response? Name:__________________________________________________Title:______________________________________ Email: _________________________________________________Phone:_____________________________________ Who is your company’s primary contact person for this proposal? Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Other important contact information Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ 36 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: _____________________________________________________________________________ Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer’s response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS Proposer’s Signature: ______________________________________________________ Date: ________________ NJPA’s clarification on exceptions listed above: 37 Contract Award RFP #081716 FORM D Formal Offering of Proposal (To be completed only by the Proposer) CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES In compliance with the Request for Proposal (RFP) for CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: _______________________________ Date: ___________________________________________ Company Address: _______________________________________________________________________________ City:_________________________________________ State: ____________ Zip: __________________________ Contact Person: ________________________________ Title: ___________________________________________ Authorized Signature: ____________________________________________________________________________ (Name printed or typed) 38 Form E Contract Acceptance and Award (To be completed only by NJPA) NJPA #081716 ______________________________________________________ ___________________________________________________________________ Proposer’s full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be ___________________________, 20________ and continue until- _________________________ (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board’s contract award date). This contract may be extended for a fifth year at NJPA’s discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: ________________________________ _______________________________________ NJPA Executive Director (Name printed or typed) Awarded this _______ day of_________________________, 20___________ NJPA Contract Number #081716 NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed) Executed this ______ day of __________________________, 20___________ NJPA Contract Number #081716 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name ____________________________________________ Vendor Authorized signature: _______________________________ __________________________________ (Name printed or typed) Title: _____________________________________________________________ Executed this _____________ day of ___________________, 20___________ NJPA Contract Number #081716 39 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer’s RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act. 8. The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 40 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: ____________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________ Telephone Number: ______________________________________________________________ E-mail Address:______________________________________________________________________________ Authorized Signature: _________________________________________________________________________ Authorized Name (printed): ______________________________________________________________________ Title: _______________________________________________________________________________________ Date: _______________________________________________________________________________________ Notarized Subscribed and sworn to before me this ______________ day of ___________________, 20______________ Notary Public in and for the County of __________________________________________ State of __________ My commission expires: _______________________________________________________________________ Signature: __________________________________________________________________________________ 41 Form G OVERALL EVALUATION AND CRITERIA For the Proposed Subject CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: _________________________________________ Its_________________________________ _________________________________________Its_________________________________ 42 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry-Specific Questions Proposer Name: _________________________________________________________________________ Questionnaire completed by: ______________________________________________________________ Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members’ purchase orders. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacture warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricing, Delivery, Audits, and Administrative Fee 7) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 43 8) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 9) The pricing offered in this proposal is ________a. the same as the Proposer typically offers to an individual municipality, university, or school district. ________b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. _________c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. ________d. other than what the Proposer typically offers (please describe). 10) Describe any quantity or volume discounts or rebate programs that you offer. 11) Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. 12) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 13) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 14) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 15) Describe any unique distribution and/or delivery methods or options offered in your proposal. 16) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 17) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See RFP Section 6.29 and following for details.) Industry-Specific Questions 18) Describe any manufacturing processes or material specification-related attributes that contribute to chassis strength, durability, and reliability, and that differentiate your offering in the marketplace. 19) Describe any manufacturing processes or material specification-related attributes that contribute to cab strength, durability, and driver safety/usability, and that differentiate your offering in the marketplace. 20) Describe any serviceability attributes (such as remote diagnostics) that your proposal contains. Please indicate which of these attributes are considered “industry-expected attributes” and which you believe are “vendor differentiators.” 21) Provide any market data supporting the longevity and reliability of your proposed solutions. 44 22) As a percentage of your total units sold over the past three years, what portion are day cabs? 23) What is your parts order fill rate? 24) What is your US market share? Canadian share (if any)? Signature: ___________________________________________________________Date: _______________________ 45 10 PRE-SUBMISSION CHECKLIST Check when Completed Contents of Your Bid Proposal Hard Copy Required Signed and Dated Electronic Copy Required - CD or Flash Drive Form A: Proposer Questionnaire with all questions answered completely X - signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms.X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered prior to deadline to: NJPA, 202 12th St NE, Staples, MN 56479 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 46 Section 1. Instructions for Vendor (please obtain the latest version of this form from your NJPA Contract Manager or from NJPA’s website). Requests for equipment/products or service changes, additions, or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3, and 4 of the NJPA Vendor Price and Product Change Request Form and must contain the signature of an authorized Vendor employee in section 5. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, and must be signed if accepted by the NJPA Executive Director. Submit the request by email to your Contract Manager and to PandP@njpacoop.org. NJPA’s must determine whether any request for change is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. A signed Price and Product Change Form will be returned to the Vendor contact through email. The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of the pricing document in an appropriate format (preferably Excel®). The pricing document must identify all of the products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY eff 02-12-2013.” NOTE: New pricing restatement must include all products and services offered, regardless of whether the prices have changed, and must include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing changes. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the RFP. DELETIONS. New products and related services may be deleted from a contract if an item or service is no longer available and so is not relevant to the contract (for example, the item is discontinued or replaced). PRICE CHANGES: Vendors may request price changes in general terms if they justify the change by product category for the change. For example, a Vendor may request a 3% increase in XYZ Product Line because of a 20% increase in petroleum prices. Price decreases: NJPA expects Vendors to propose their best prices from the outset, but expects reasonable price reductions because of technology advancements and marketplace efficiencies. Price increases: Acceptable increase requests typically include increases to Vendor costs, such as raw material or shipping cost increases. The Vendor must include documentation that justifies the price increase, including letters from suppliers announcing price increases. Also include any special price change details, along with both current and proposed pricing. Refer to the RFP for complete pricing details. Section 2. Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: ☐ Adding Equipment/ Products /Services ☐ Deleting/Discontinuing Equipment/Products/Services ☐ Price Increase NJPA CONTRACT NUMBER: ☐ Price Decrease 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 47 Section 3. Detailed Explanation of Need for Changes List equipment/products and/or services that are changing, being added, or being deleted from previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or equipment/product/service changes. EXAMPLES: 1-All paper equipment/products and services increased 5% in price due to transportation and fuel costs (see attached documentation of raw materials increase). 2-The 6400 series floor polisher is added to the product list as a new model replacing the 5400 series. The 6400 series 3% increase reflects technological improvements made that improve the rate of efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from previous pricing until remaining inventory is liquidated. If adding equipment/products/services, provide a general statement how these are in the scope. If changing prices and/or adding equipment/products/services, provide a general statement that the pricing or equipment/products/services is consistent with existing NJPA contract pricing. 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 48 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing including all new and existing equipment/products and services is attached and/or has been emailed to the Vendor’s Contract Manager and to PandP@njpacoop.org. ☐ Yes ☐ No Section 5. Signatures __________________________________________________________ ________________________ Vendor Authorized Signature Date ____________________________________________ Print Name and Title of Authorized Signer __________________________________________________________ _________________________ NJPA Executive Director Signature Date 49 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington ADDENDUM ONE (1) To that certain NJPA RFP #081716 Issued by National Joint Powers Alliance® For the procurement of CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Consider the following to be part of the above-titled RFP: Section 3.17.1.1 has been revised to reflect the proper weight range for Class 6 chassis. The original RFP stated “Class 6 – 19,000 to 26,000 lbs.” 3.17 Additional Scope Definitions: For purposes of the scope of this solicitation: 3.17.1 In addition to CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES, this solicitation should be read to include, but not to be limited to: 3.17.1.1 Chassis and cabs as classified by the following gross vehicle weight ratings (GVWR): Class 6 – 19,501 to 26,000 lbs.; Class 7 – 26,001 to 33,000 lbs.; Class 8 – 33,001+ lbs. Acknowledgment of Addendum One (1) to RFP 081716 emailed on August 2, 2016. COMPANY NAME: _________________________________________________ SIGNATURE: _________________________________________________ DATE: ________________________________ Please include this signed Addendum with your RFP response. ADDENDUM TWO (2) To that certain NJPA RFP #081716 Issued by National Joint Powers Alliance® For the procurement of CLASS 6, 7, AND 8 CHASSIS WITH RELATED EQUIPMENT, ACCESSORIES, AND SERVICES Consider the following to be part of the above -titled RFP: The RFP submission deadline (and other deadlines) has been extended until August 31, 2016. RFP Timeline June 22, 2016 RFP published in the: print/online version of USA Today, print/online version of the Salt Lake News within the State of Utah, print/online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), print/online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. July 27, 20156 Pre -Proposal Conference (the webcast/conference call. The 10:00 a.m. Central Time connection information will be sent to all inquirers two business days before the conference). August 24, 2016 Deadline for RFP questions. August 31, 2016 Deadline for Submission of Proposals. Late responses will be 4:30 p.m. Central Time returned unopened. September 1, 2016 Opening of Proposals. 8:00 a.m. Central Time Acknowledgment of Addendum Two (2) to RFP 081716 e mailed on August 9, 2016. COMPANY NAME: _________________________________________________ SIGNATURE: _________________________________________________ DATE: ________________________________ Please include this signed Addendum with your RFP response. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1714 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:Miguel Arias, Councilmember for District 3, Esmeralda Soria, Councilmember for District 1, Nelson Esparza, Councilmember for District 7, City Council Offices SUBJECT Action pertaining to non-transient motels: 1.***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) RECOMMENDATION The sponsors recommend Council approve a bill for introduction adopting a non-transient motel inspection program by adding Article 18 to Chapter 10 of the Fresno Municipal Code (FMC),and approve a Resolution Initiating a Text Amendment to the Zoning Ordinance of the City of Fresno to add section 15-2769 relating to non-transient residence requirements,pursuant to FMC section 15- 5803-a(1). EXECUTIVE SUMMARY The proposed ordinance would create a non-transient lodging inspection program by adding Article 18 to Chapter 10 of the FMC,authorizing inspection of all rental units to ensure compliance with minimum health and safety standards.The proposed Resolution would initiate a text amendment to the City’s Zoning Ordinance,directing staff to review and analyze the proposed draft ordinance defining and setting minimum standards for non-transient lodging. BACKGROUND The proposed ordinance would create a non-transient lodging inspection program by adding Article 18 to Chapter 10 of the FMC,authorizing inspection of all rental units to ensure compliance with minimum health and safety standards.It would make renting or occupying a rental unity subject to a pending enforcement unlawful until it passes inspection.Non-transient lodging with frequent calls for emergency services,a history of complaints or code violations,or lodging over forty years old would be prioritized for inspection.A correction notice would be issued,including a time and date of re- inspection.If compliance is not achieved,remedies include issuing administrative citations, City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1714 Agenda Date:6/13/2019 Agenda #: inspection.If compliance is not achieved,remedies include issuing administrative citations, abatement proceedings, civil injunction, petition for receivership, and/or criminal prosecution. The proposed Resolution would initiate a text amendment to the City’s Zoning Ordinance,directing staff to review and analyze the proposed draft ordinance defining and setting minimum standards for non-transient lodging,and to bring the proposed ordinance before the Airport Land Use Commission and Planning Commission for consideration. The City Attorney has reviewed and approved the documents as to form. ENVIRONMENTAL FINDINGS This is not a project pursuant to CEQA Guidelines section 15378. LOCAL PREFERENCE Local preference is not applicable because this item does not involve a bid or award of a contract. FISCAL IMPACT The non-transient lodging inspection program will be part of the City’s Rental Inspection Program. Non-transient lodging operators will be billed a per-unit inspection fee up to $100,which will be set forth in the Master Fee Schedule. Attachments: Bill for introduction Resolution City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1752 Agenda Date:6/13/2019 Agenda #:1-G NOTIFICATION OF APPOINTMENT June 13, 2019 Approve the Appointment of Lucio Avila to the Bicycle and Pedestrian Advisory Committee (BPAC) City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1773 Agenda Date:6/13/2019 Agenda #:1-H NOTIFICATION OF APPOINTMENT June 13, 2019 Approve the appointment of Alysia Bonnez to the Fresno Regional Workforce Development Board City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1814 Agenda Date:6/13/2019 Agenda #:1-I APPOINTMENT DATE:June 13, 2019 SUBJECT Approve the appointment of Pablo Villagrana to the City of Fresno Capital Projects Oversight Board City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1868 Agenda Date:6/13/2019 Agenda #:1-J CREPORT TO CITY COUNCIL June 13, 2019 ***RESOLUTION - Amending and restating Resolution 2007-110 establishing the Finance and Audit Committee (Subject to Mayor’s veto) Attachment: Resolution City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1825 Agenda Date:6/13/2019 Agenda #:1-K APPOINTMENT June 13, 2019 SUBJECT Approve the appointment of S. Matthew Cunningham to the Fresno Madera Area on Aging Board. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1649 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13,2019 FROM:JENNIFER CLARK, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ,Assistant Director Development and Resource Management Department BY:SUMMER CECIL, Management Analyst II Development and Resource Management Department SUBJECT Actions pertaining to the Building and Safety Services Division professional plan check services: 1.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. RECOMMENDATION Staff recommends Council: (1) approve the Seventh Amendment to the Consultant Services Agreement (Agreement 1) between Brooks Ransom and Associates (Brooks) and the City of Fresno (City) authorizing an Agreement 1 time extension until September 30, 2019 and allocating an additional $30,000 of the FY2019 departmental budget appropriation for professional commercial structural plan check services; and (2) approve the Seventh Amendment to the Consultant Services Agreement (Agreement 2) between Interwest Consulting Group (Interwest) and the City authorizing an Agreement 2 time extension until September 30, 2019 to conduct professional residential plan check services for Building and Safety Services Division customer projects. EXECUTIVE SUMMARY In order to continue meeting acceptable plan check processing timelines,the Building and Safety Services Division (Division)of the Development and Resource Management (DARM)Department increases staff capacity by utilizing Brooks and Interwest as plan check consultants for commercial and residential building projects.Although these firms have provided quality and timely reviews,due to the age of the relationship,the Division will be releasing a new Request for Proposals (RFP)the week of June 17,2019 to solicit additional qualified and competitive firms.In the interim,staff City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1649 Agenda Date:6/13/2019 Agenda #: week of June 17,2019 to solicit additional qualified and competitive firms.In the interim,staff recommends approval of a short-term agreement extension for both firms,as well as an additional $30,000 to the Brooks agreement in order to avoid a disruption of service while reviewing respondent proposals.The Interwest agreement has sufficient funding remaining in order to bridge that time period as well. BACKGROUND Since 2015,the Division has engaged with Brooks and Interwest for plan check services.These services include structural engineering review for commercial and industrial buildings (Brooks);and custom single family and standard residential plan check review (Interwest).Both firms have satisfactorily and continuously delivered quality plan reviews within their timeline commitments to the City. It is anticipated that the level of development activity experienced by the City will continue and potentially increase in the following months;therefore,in order to proportionally increase staff capacity it is important to maintain agreements with qualified engineering firms for plan checking services.DARM understands that changes experienced in the current marketplace may drive a better value to the City;therefore the Division will release a new RFP the week of June 17,2019 to solicit additional qualified plan checking consultants. Staff recommends approving the following: The Seventh Amendment to Agreement 1 which would allow for a short-term time extension to September 30,2019 and an additional allocation of $30,000 from the current FY19 DARM budget; and The Seventh Amendment to Agreement 2 which also seeks a short-term time extension to September 30, 2019 and no additional funding. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378 the amendment of an agreement does not qualify as a “project” for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because this item is an amendment to an existing contract. FISCAL IMPACT Support for the Amendment to Agreement 1 of $30,000 will be provided by existing FY2019 departmental appropriations previously budgeted for consultant services.Therefore,there is no impact on the current FY2019 budget. Attachments: 1)Seventh Amendment to Agreement with Brooks Ransom and Associates 2)Seventh Amendment to Agreement with Interwest Consulting Group City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1649 Agenda Date:6/13/2019 Agenda #: 3)Original contract with Brooks Ransom and Associates 4)Original contract with Interwest Consulting Group City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1690 Agenda Date:6/13/2019 Agenda #:1-M REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JENNIFER K. CLARK, Director Development and Resource Management SUBJECT Approve a consultant services agreement between the City of Fresno and Quad Knopf, Inc., to prepare an Environmental Impact Report evaluating the proposed regulation and permitting of commercial cannabis activities not to exceed the amount of $300,000. RECOMMENDATION Staff recommends that the City Council approve the contract with Quad Knopf,Inc.,to complete an Environmental Impact Report evaluating the Proposed Regulation and Permitting of Commercial Cannabis Activities not to exceed $300,000 and authorize the execution of related documents by the Director of Development and Resource Management Director or designee. EXECUTIVE SUMMARY The proposed EIR will complete a programmatic assessment of the addition of Cannabis to the City’s Development Code to allow cannabis operations within the City.The scope of work will comply with Appendix G of the State CEQA Guidelines. BACKGROUND On December 14,2017,the Fresno City Council directed staff to initiate the process to amend the zoning code to allow medicinal cannabis operations,cultivation,manufacturing,extraction,testing, distribution,delivery,and dispensaries within the City.Subsequently,in March 2018,the Director initiated an amendment to the zoning code to allow for adult use cannabis cultivation,manufacturing, extraction,testing,and distribution -but not adult use retail sales or delivery.On December 13, 2018,the Fresno City Council adopted a cannabis regulatory ordinance including requirements for medicinal and adult use cannabis permits,operation requirements,location restrictions,and application requirements. The proposed EIR will complete a programmatic assessment of the addition of Cannabis to the City’s Development Code to allow cannabis operations within the City.The scope of work will comply with City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1690 Agenda Date:6/13/2019 Agenda #:1-M Development Code to allow cannabis operations within the City.The scope of work will comply with Appendix G of the State CEQA Guidelines. A Request for Proposals for Consultant Services was published on February 13,2019.Two proposals were received.A review committee evaluated the proposals and determined that Quad Knopf was the most responsive proposal based upon price, timeline to complete, and local staff. Ascent Environmental, Inc.$347,255 Quad Knopf, Inc.$282,963 The EIR is anticipated to be completed and presented to City Council for certification before the end of 2019. ENVIRONMENTAL FINDINGS This approval is not a project as defined by CEQA Guidelines Section 15378. LOCAL PREFERENCE Quad Knopf is a local firm for purposes pursuant to Fresno Municipal Code Section 4-109. FISCAL IMPACT $132,900 was appropriated in FY2019 for the purpose of initiating the Cannabis assessment;the remainder of the cost will be recouped through associated application fees identified through a nexus study. Attachment: Consultant Services Agreement City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1764 Agenda Date:6/13/2019 Agenda #:1-N REPORT TO THE CITY COUNCIL June 13, 2019 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:THEODORE F. SEMONIOUS, Deputy Chief Fire Department SUBJECT Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1.Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2.RESOLUTION -Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. RECOMMENDATION Staff recommends City Council acknowledge the receipt of the report by the Fire Chief of the measure of compliance of the Fresno Fire Department regarding the inspection of certain occupancies required to perform annual inspections of certain occupancies pursuant to California Health and Safety Code Sections 13146.2 and 13146.3. EXECUTIVE SUMMARY The State of California adopted into law Health and Safety Code Section 13146.4,which made the reporting of compliance of annual state mandated Fire and Life Safety Inspections in educational and certain residential occupancies.This reporting is to be done in a resolution prior to the annual budgeting of funds for fire departments. BACKGROUND As a result of the loss of life due to fires in uninspected occupancies,state legislation produced a bill, which the governor signed into law on September 27,2018,that would require the reporting of the completion rate of state required inspections in educational and certain residential occupancies. The Fire Department compiled the data for the inspections completed in calendar year 2018.The City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1764 Agenda Date:6/13/2019 Agenda #:1-N following information depicts the total occupancies compared to the completed inspections. The Department is responsible for 2,637 state mandated annual inspections.This total is broken down into 256 Group E educational occupancies,and 2,381 Group R residential occupancies. Residential Group R occupancies,for the purposes of this report,are generally those occupancies containing sleeping units,and include hotels,motels,apartments (three (3)units or more),as well as other residential occupancies (including a number of residential care facilities). The completion rate of inspections for Group E occupancies were 98%,or 251 of 256 educational occupancies inspected in 2018.The completion rate of inspections for Group R occupancies were 95% or 2,265 of 2,381 of residential occupancies. These results fall short of the state mandated requirement.The Department has made additional staffing requests to meet the state requirements.However,with citywide financial constraints being a challenge for new positions,the Department will make some adjustments to its existing inspection practices to ensure all state mandated inspections are completed for the upcoming year. This approach is a short-term solution to achieve a 100%state mandated inspection completion rate, noting that general business inspections will fall further behind in the inspection cycle;noting the industry standard best practice and Department recommendation is triennial inspections for all other business inspections.Future additional staff will be essential to ensure new construction plan review, Business Friendly Fresno 2.0!,Money-Back Guarantee program,general inspections and other Fire Prevention code related inspections are completed in a timely manner. ENVIRONMENTAL FINDINGS Pursuant to the California Environmental Quality Act (CEQA)Guidelines,Section 15278,this item does not qualify as a project as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because this item does not include a bid or an award of contract. FISCAL IMPACT The reduction of responses may result in a decrease of maintenance costs on apparatus,resulting in a positive impact to the General Fund. Attachment: Resolution City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1746 Agenda Date:6/13/2019 Agenda #:1-O REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division JON BARTEL, Supervising Engineering Technician Public Works Department, Project Management Section SUBJECT Approve an agreement for professional engineering services with Provost &Pritchard Engineering Group for $67,500 plus $10,000 for contingencies for design and construction support services for the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue (Council District 6) RECOMMENDATION Staff recommends approval of an agreement for professional engineering services with Provost & Pritchard Engineering Group for $67,500 plus $10,000 for contingencies for the design and construction support phases of the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue and to allow the Public Works Director or designee to sign the agreement on the City’s behalf. EXECUTIVE SUMMARY Street infrastructure along Chestnut Avenue from Bullard Avenue to Herndon Avenue is in need of repair and upgrade.To extend the life of the existing major street through street surface restoration, the City advertised a Request for Qualifications for professional engineering services to prepare construction documents and get the project ready for construction.The subject consultant agreement will facilitate the design and construction support services necessary to complete the project.The project is included on the Council approved Senate Bill 1 (SB1)project lists for Fiscal Year 2019 and 2020. BACKGROUND The City of Fresno Public Works Department has identified a need for street surface restoration City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1746 Agenda Date:6/13/2019 Agenda #:1-O The City of Fresno Public Works Department has identified a need for street surface restoration along Chestnut Avenue from Bullard Avenue to Herndon Avenue.In November of 2018,the City of Fresno posted a Request for Qualifications for the design and construction phases of the asphalt overlay project to include new asphalt,curb ramps compliant with the Americans with Disabilities Act and replacement of traffic signal loops.The design and improvements will be completed in accordance with the City of Fresno Public Works Standards.The project will perform street surface restoration on approximately one mile of Chestnut Avenue. In accordance with Administrative Order (A.O.)6-19,staff sent out requests for Statements of Qualifications in November of 2018 via the City’s website.Six Statements of Qualifications were received from respondents and staff interviewed the three qualified respondents in January of 2019. Provost &Pritchard Engineering Group was determined to be the most qualified consultant and submitted an acceptable proposal for the preparation of plans, specifications and cost estimates. On April 5,2018 the Council of the City of Fresno approved Resolution No.2018-80 adopting the proposed list of Public Works projects to receive SB1 Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2019.On April 25,2019 the Council of the City of Fresno approved Resolution No.2019-089 adopting the proposed list of Public Works projects to receive SB1 Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2020.The Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue was included on these lists. Staff is requesting the approval of the agreement with Provost &Pritchard Engineering Group of Fresno,CA for $67,500 plus $10,000 for contingencies for the design of plans,cost estimates and general construction documents for the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue,and authorize the Public Works Director or designee to sign and execute the contract, approved as to form by the City Attorney’s Office, on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)guidelines,this item is not a project as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because of Senate Bill 1 Road Maintenance and Rehabilitation Account funding. FISCAL IMPACT The project is located in Council District 6.The project will not impact the General Fund.Design and construction costs will be paid by Senate Bill 1 Road Maintenance and Rehabilitation Account funds. Attachments: Vicinity Map Consultant Agreement City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ N WILLOW AVEE SIERRA AVE E BULLARD AVEN CHESTNUT AVEE HERNDON AVE E MAGILL AVE E FREMONT AVE PR IVATE DR PIERCE AVEE WARNER AVE GATEWAY AVEN BAIRD AVEE TENAYA WAYN LAUREEN AVEN FRONTAGE RDE PALO ALTO AVE N WINERY AVEE MILLBRAE AVE E LOS ALTOS AVEE PAUL AVE N GARDEN AVEW M AG IL L AVE N PRICE AVEN WHITNEY AVEN FINE AVEPRIVATE DR N LAUREEN AVEE PAUL AVE N PRICE AVEE P A U L A V E E PALO ALTO AVE N WINERY AVECopyright nearmap 2015 Chestnut Avenue Overlay From Bullard to Herndon PW 00853 Legend Limits Pa rce lsN 0 0.085 0.170.0425 Miles DEPARTMENT OFPUBLIC WORKS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1459 Agenda Date:6/13/2019 Agenda #:1-P REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SUBJECT ***RESOLUTION -33rd Amendment to the Annual Appropriation Resolution No.2018-157 appropriating $20,000 to commence design work for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project (Requires 5 affirmative votes)(Subject to Mayor’s veto)(Council District 4) RECOMMENDATION Staff recommends that the City Council adopt the 33rd Amendment to the Annual Appropriation Resolution No.2018-157 to appropriate $20,000 for initial City design costs for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project. EXECUTIVE SUMMARY California State University,Fresno (CSU Fresno),working in partnership with Council District 4 and Public Works staff,has provided a Letter of Intent to partially fund the design costs for the traffic signal modification to add an all-pedestrian phase (Pedestrian Scramble)to the intersection of Shaw Avenue and Maple Avenue.Approval of this resolution will appropriate the funds provided by CSU Fresno for City staff to initiate the design and get the project ready for construction.This partnership effort to fund the design with local dollars will enable the project to be constructed with Active Transportation Program (ATP) grant funds in the coming fiscal year. BACKGROUND On June 21,2018,the Council adopted Resolution 2018-150 in support of several ATP grant applications,including the project at Maple and Shaw Avenue.All seven City of Fresno ATP grant applications were successfully funded in this last grant cycle.The proposed project will modify the existing traffic signal located at the intersection of Shaw Avenue and Maple Avenue to include an all- pedestrian phase,also referred to as a “pedestrian scramble”,similar to what was installed at Cedar City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1459 Agenda Date:6/13/2019 Agenda #:1-P pedestrian phase,also referred to as a “pedestrian scramble”,similar to what was installed at Cedar Avenue and Bulldog Lane;and add a Class IV bicycle facility (Cycle Track)on Maple Avenue between Gettysburg Avenue and Shaw Avenue.CSU Fresno has committed to contribute funds for the design of the Project.In addition to the contribution from Fresno State,additional appropriations are proposed in the FY20 budget from ATP grant funds and Senate Bill 1 transportation funds becoming available at that time.The project will be designed in-house by Public Works Design Services staff and publicly advertised for construction bids once the balance of funding is available. The proposed strategy of locally funding the design,through a partnership between Fresno State and the City of Fresno,will enable the Shaw and Maple project to be constructed in FY2020 rather than later years. Staff is recommending that the City Council adopt the 33rd Amendment to the Annual Appropriation Resolution No.2018-157,to appropriate $20,000 for initial City design costs for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378,this resolution does not qualify as a project under the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference does not apply to the project included in this report as this is a new project appropriation only. Local preference (if applicable) will be considered at the time of contract award. FISCAL IMPACT The project is located in Council District 4.The overall cost for the project is estimated at $249,800 and will be funded with local Measure C Bike Lane funds,SB1 funds,ATP grant funds and the funding contribution from CSU Fresno.The proposed project will have no impact on the General Fund. Attachments: Vicinity Map 33rd Amendment to the Annual Appropriation Resolution No. 2018-157 Letter of Intent from CSU Fresno City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 33rd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2018-157 APPROPRIATING $20,000 FOR THE SHAW AND MAPLE AVENUE PEDESTRIAN SCRAMBLE AND CYCLE TRACK PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2018-157 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC WORKS DEPARTMENT Lcal Agncy Prj Fndng-Pub Works $ 20,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Lcal Agncy Prj Fndng-Pub Works Revenues: Account: 34855 Contributions For Facilities $ 20,000 Fund: 30144 Org Unit: 189901 Total Revenues $ 20,000 Appropriations: Account: 51101 Permanent Salaries $ 7,800 51104 Perm Fringe-Health&Welfare 3,200 59102 City Attorney Charges 500 59117 Overhead 8,500 Fund: 30144 Org Unit: 189901 Project: PW00860 Total Appropriations $ 20,000 THAT the purpose is to appropriate $20,000 for the Shaw and Maple Avenue Pedestrian Scramble & Cycle Track project. 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 , 2019 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Veto: , 2019 YVONNE SPENCE, MMC City Clerk BY: ____________________________ Deputy FRESNC'}STAIE Discovery. Diversity Distinction. Procurement and Support Services Callfornia State Universitt Fresno . Joyal Administration Building, Room 161 5150 North Maple Avenue M/S JA111 . Fresno, California93740 P559.278.2111 F 559.278.4398 www.fresnostote.edu/adminserv/purchasing May 15,2019 Scott Mozier, Public Works Director 2600 Fresno Street, Room 4016 Fresno, CA9372l-3623 RE: Letter of Intent - Maple and Shaw Intersection / Signal Improvements Dear Scott: This letter serves as notice that Fresno State hereby agrees to pay to the City of Fresno a lump sum amount of $20,000 for the design and installation of protected bicycle lanes on Maple Avenue extending south to Gettysburg Avenue and to install "pedestrian scramble" traffic signal phasing at Shaw and Maple. Please remit the invoice to the following address: California State University, Fresno Attn: Director of Procurement 5150 N Maple Ave, M/S JA111 Fresno, C493740 Please feel free to contact me with any questions. Sincerely, Cotham Director b c otham@c sufre sno. edu THE CALIFORNIA STATE UNIVERSITY City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1743 Agenda Date:6/13/2019 Agenda #:1-Q REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division R. SCOTT BEYELIA, Supervising Real Estate Agent Public Works Department, Real Estate and Lease Services SUBJECT Approve the acquisition of a 1,311 square foot street easement at the northeast corner of West Clinton and North Valentine Avenues for $35,400 in monetary consideration (Council District 3) RECOMMENDATION Staff recommends the City Council approve the Agreement for Purchase and Sale of a Street Easement and Escrow Instructions for the acquisition of a 1,311 square foot street easement from a portion of 3388 West Clinton Avenue (APN 442-071-10),owned by Jose Huerta for $35,400 in monetary consideration,and authorize the Public Works Director,or his designee,to sign all documents necessary to complete the subject acquisition. EXECUTIVE SUMMARY The intersection of West Clinton Avenue and North Valentine Avenue is currently a four-way stop. Plans to install full intersection improvements (traffic signal poles,conduits,pull boxes,ADA wheelchair ramps,vehicle detection loops,minor asphalt paving and minor striping changes)requires widening all four corners of the intersection.Three of the four street easements have been acquired and APN 442-071-10 is the final easement needed.The proposed easement is for public street purposes and contains approximately 1,311 square feet. An appraisal has been conducted by Real Property Analysts,appraising the easement at $34,900. The owner has requested and agreed to a total compensation of $35,400,which includes an additional $500 to accommodate the relocation of a 6 foot tall fence. City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1743 Agenda Date:6/13/2019 Agenda #:1-Q BACKGROUND The proposed project requires acquisitions for public street right of way as well as the installation and construction of public facilities and infrastructure in accordance with the standards,specifications and policies of the city of Fresno.The acquisition from APN 442-071-10,owned by Jose Huerta,is the last of four partial acquisitions needed to widen the intersection to accommodate the necessary improvements for the installation of a traffic signal.The City Attorney has reviewed and approved the Agreement for Purchase and Sale of a Street Easement and Escrow Instructions and the Deed of Easement to form.Staff recommends the City Council authorize the Public Works Director,or his designee, to sign on behalf of the City. The value of the 1,311 square foot acquisition was established at $34,900 by Tiffany K.V.Mach,MAI of Real Property Analysts,Inc.The owner has requested and agreed to a total compensation of $35,400,which includes an additional $500 to accommodate the relocation of a 6 foot tall fence.The project is funded by a Federal Grant and local match provided by developer contributions to the City’s impact fee program. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption set forth in the California Environmental Quality Act (CEQA)Guidelines,section 15301 (c)as this contract is for the acquisition of property and is for the repair of existing public facilities located at the intersection of North Valentine and West Clinton Avenues,and within the Class 4 Categorical Exemption set forth in CEQA Guidelines,section 15304 as this acquisition is for minor alterations to land.Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not considered because this agreement does not include a bid or award of a construction or services contract. FISCAL IMPACT This project has no impact to the General Fund and is located in Council District 3.The project is funded by a Federal Grant through the Congestion Mitigation and Air Quality Program,with the local match provided by developer impact fees.All funding necessary for this acquisition was included in the currently adopted City budget. Attachments: Location Map Vicinity Map Agreement for Purchase and Sale of Street Easement and Escrow Instructions Deed of Easement City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen APN: 442-071-10 Date: 4/5/2019 ¯ PUBLIC WORKS DEPARTMENTLOCATION MAP FOR APN: 442-071-10N. Valentine Ave. @ W. Clinton Ave. Traffic Signal ProjectJose Huerta, GrantorCouncil District 3 CLINTON AVE VALENTINE AVECopyright nearmap 2015 PUBLIC WORKS DEPARTMENT LOCATION MAP FOR APN: 442-071-10 N.Valentine Ave. @ W. Clinton Ave Traffic Signal Project Jose Huerta, Grantor Council District 3 APN: 442-071-10 Date: 4/5/2019 ¯ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1798 Agenda Date:6/13/2019 Agenda #:1-R REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBIN O’MALLEY, Facilities Manager Public Works Department, Facilities Management BY:DEBBIE BERNARD, Project Manager Public Works Department, Facilities Management SUBJECT Actions pertaining to the Installation of 16”Water Main in West Shaw Avenue from 570’East of Veterans Blvd. to Bryan Ave. - Project Bid File No. 3659 (Council District 1) 1.Adopt finding of Categorical Exemption pursuant to Class 3 Section 15303(d)(new construction)of the California Environmental Quality Act (CEQA)Guidelines for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 2.Award a construction contract to West Valley Construction Company,Inc.of Fresno,CA,in the amount of $173,885 for the Installation of 16”Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. RECOMMENDATION Staff recommends that the City Council adopt a finding of Class 3 Categorical Exemption,pursuant to Section 15303(d)of the CEQA Guidelines and award a construction contract in the amount of $173,885 to West Valley Construction Company,Inc.of Fresno,CA,as the lowest responsive and responsible bidder for the installation of 16”Water Main in West Shaw Avenue from 570’East of Veterans Blvd.to Bryan Ave.and authorize the Public Works Director or designee to sign the contract on the City’s behalf. EXECUTIVE SUMMARY Construction of the new Fire Station No.18 was identified within Resolution No.2007-371 as a Phase I immediate needs project as identified in the 2025 Public Safety Needs Assessment.The installation of this 16”Water Main in West Shaw Avenue from 570’East of Veterans Blvd.to Bryan Ave.is an essential water capital improvement project in support of the construction of new Fire Station No. 18 which will be located at 6605 West Shaw Avenue. City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1798 Agenda Date:6/13/2019 Agenda #:1-R BACKGROUND The construction of permanent Fire Station 18 has been identified as a top public safety priority for the City of Fresno.The installation of this 16”Water Main in West Shaw Avenue from 570’East of Veterans Blvd.to Bryan Ave.is essential in order to allow for the construction of new Fire Station No. 18. Public Works Facilities Management staff had plans and specifications prepared and put the project out for a competitive bid.A Notice Inviting Bids (NIB)was posted on the City’s website on March 26, 2019, advertised in the Business Journal and was faxed to eleven (11) building exchanges. Plans and Specifications were distributed to ten (10)prospective bidders.The Bids were opened in a public bid opening on April 30,2019 and the City received four (4)sealed bids.The bids ranged from $173,885 to $225,355.West Valley Construction Company,Inc.of Fresno,CA,was deemed the lowest responsive and responsible bidder.The bids will expire 64 days after the bid opening on July 3, 2019. Staff recommends that the Council award a construction contract in the amount of $173,885 to West Valley Construction Company,Inc.of Fresno,CA,and authorize the Public Works Director or designee to sign the standardized contract on the City’s behalf. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 3 Categorical Exemption set forth in CEQA Guidelines,section 15303(d)as this contract is for the installation of 16”Water Main in West Shaw Avenue from 570’East of Veterans Blvd.to Bryan Ave.to serve the construction of new Fire Station No.18.Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,section 15300.2 apply to this project.Staff recommends that the Council,based upon its own independent judgment,adopt a finding of Categorical Exemption per Staff determination for the Installation of 16”Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. project. LOCAL PREFERENCE Local preference was not utilized as the apparent low bidder is a local business. FISCAL IMPACT The installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. is being fully funded by the Department of Public Utilities, Water Division, Enterprise Fund. Attachments: Bid Evaluation Fiscal Impact Statement Standard Contract City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ FISCAL IMPACT STATEMENT PROGRAM: Water Division Enterprise Funds TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $173,575 *Indirect Cost $38,000 TOTAL COST $211,575 Additional Revenue or Savings Generated $0.00 Net City Cost $211,575 Amount Budgeted (If none budgeted, identify source) $211,575 *Indirect costs are comprised of the following: Construction Management $15,000 Project Management $5,000 Contract Contingencies $17,000 Permits and Fees $1,000 TOTAL $38,000 DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 03-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and docume nts specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend Ci ty and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any lo ss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contrac t, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the Californi a Labor Code which require every employer to be insured against liability for worker ’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev. 03-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contrac tor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public W orks Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1749 Agenda Date:6/13/2019 Agenda #:1-S REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:BILL HERR, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California,to increase the total construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) RECOMMENDATION Staff recommends that City Council approve Contract Change Order Number 6 for a total increase in contract amount of $140,000 and a contract time extension of sixty working days for the Blackstone Avenue and Shields Avenue Intersection Improvements construction contract with American Paving Company of Fresno California (APC). EXECUTIVE SUMMARY The now completed Blackstone Avenue and Shields Avenue Intersection Improvements project provides more efficient vehicle movement through the intersection and improved safety for vehicular and pedestrian traffic.The project was primarily funded through a grant from the Congestion Mitigation and Air Quality (CMAQ)program.City Staff has been working closely with APC in negotiating a claim involving changed traffic control requirements.The subject contract change order is within the established construction budget,which included contingencies for unforeseen items. Additional days of contract time are also included in the subject contract change order. BACKGROUND The Blackstone Avenue and Shields Avenue Intersection Improvements project was built to reconfigure the intersection to enhance the performance of the intersection and make it safer for pedestrians,as well as vehicular traffic,using the intersection.The scope of the project included new concrete improvements,asphalt paving,new traffic signal and ADA compliant access ramps.The sweeping free right turn movements have been eliminated and replaced by dedicated right turn City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1749 Agenda Date:6/13/2019 Agenda #:1-S sweeping free right turn movements have been eliminated and replaced by dedicated right turn pockets and standard crosswalks,which bring all pedestrian movements within the limits of the signalized intersection.The eastbound and westbound left turn pockets were also expanded to provide dual left turn movements to accommodate existing and future traffic volumes. On December 8,2016,Council awarded a $1,801,314 contract with 90 working days of contract time to APC.Contract Change Order Number 6,for an increased amount of $140,000 is 7.7%of the original award amount and in accordance with City of Fresno Resolution 2017-158,a contract change order which exceeds 1%of the total contract price or $100,000,whichever is greater,shall be subject to the prior consent from the Council.This Contract Change Order also provides sixty days of contract time and in accordance with City of Fresno Resolution 2017-158,a contract time extension of more than twenty days or 10%of the total time allowed under the contract,shall be subject to the prior consent from the Council. There have been five previously executed contract change orders totaling $15,949.21 and the final total contract amount including all six of the contract change orders will be $1,957,263.21. Contract Change Order Number 6 is a negotiated settlement amount with APC that resolves a claim due to a change in the traffic control requirements after the award of the contract.The traffic control was modified to require more lanes remain open on Blackstone Avenue due to a concern that traffic congestion in this busy intersection would be unmanageable and unsafe and thus the contractor had to change his intended means and methods of constructing the intersection improvements.These changes required re-phasing the work for a longer duration and entailed almost double the traffic control devices.Due to the extended time needed for construction,the project management,field supervision and office overheads costs were increased. City staff has analyzed the costs and schedule impacts submitted by the contractor and has determined some of them have merit and staff has reached an agreeable amount of $140,000 with the contractor to settle and resolve this claim. Staff recommends that City Council approve Contract Change Order Number 6 with APC,for a total increase in contract amount of $140,000 and a contract time extension of 60 working days for the Blackstone Avenue and Shields Avenue Intersection Improvements project. ENVIRONMENTAL FINDINGS By the definition set forth within California Environmental Quality Act (CEQA)Guidelines,section 15378, the approval of this contract change order does not qualify as a project as defined by CEQA. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. FISCAL IMPACT This contract change order has no impact to the General Fund and will be completely funded with contingency funds already included in the approved project budget. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1749 Agenda Date:6/13/2019 Agenda #:1-S Attachment: Contract Change Order Number 6 City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1758 Agenda Date:6/13/2019 Agenda #:1-T REPORT TO THE CITY COUNCIL June 13, 2019 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 RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION -Approving the Final Map of Tract No.5913 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements -between South Armstrong Avenue,South Temperance Avenue,East California Avenue Alignment and East Butler Avenue (Council District 5) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.5913 and accepting the dedicated public uses offered therein,to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider,K.Hovnanian Homes of Northern California,Inc.,a California Corporation (Michael P.Wyatt,Division President-Northern California),has filed for approval,the Final Map of Tract No. 5913 of Vesting Tentative Map No.5913,for a 109-lot single-family residential subdivision with one outlot for open space purposes,located between South Armstrong Avenue,South Temperance Avenue, East California Avenue Alignment and East Butler Avenue on 20.27 acres. BACKGROUND The Fresno City Planning Commission on March 4,2009 approved Vesting Tentative Map No.5913 (Tentative Map)for a 109-lot single-family residential subdivision with one outlot on 20.27 acres.The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act.The Final Map is technically correct and conforms to the approved City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1758 Agenda Date:6/13/2019 Agenda #:1-T of the Subdivision Map Act.The Final Map is technically correct and conforms to the approved Tentative Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No.5913,submitted securities in the total amount of $3,532,000.00 to guarantee the completion and acceptance of the public improvements and $1,766,000.00 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $430,937.00.Covenants have been executed to defer eligible development impact fees totaling $1,262,686.73 to the time of issuance of building permit and final occupancy of each unit,for annual CFD-11 assessment notification,and for acknowledgement of right-to-farm law.The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain all landscaped areas,trees,and irrigation systems,concrete curbs and gutters,valley gutters,entrance median curb,sidewalks and curb ramps,interior local street paving,block wall,street name signage and street lights within and adjacent to the Final Map.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on February 28, 2019. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement,is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5 of the California Government Code.The maximum annual assessment is $446.36 per lot with an annual 3%adjustment plus the increase,if any,in the construction cost index for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 5.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachments: City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1758 Agenda Date:6/13/2019 Agenda #:1-T Resolution Final Map of Tract No. 5913 City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1802 Agenda Date:6/13/2019 Agenda #:1-U REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JEFF CARDELL, Director of Personnel Services Personnel Services Department BY:KEN PHILLIPS, Labor Relations Manager Personnel Services Department SUBJECT 1.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which provides for equity increases for various classifications (Subject to Mayor’s Veto) 2.***RESOLUTION -12th Amendment to FY 2019 Salary Resolution No.2018-159,amending Exhibit 3,Unit 3,Non-Supervisory White Collar (FCEA)to implement a previously approved wage increase and to implement phase two of the 2018 Classification and Compensation agreement with FCEA (Subject to Mayor’s Veto) 3.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which amends provisions of the Memorandum of Understanding (MOU) between the City and FCEA regarding Uniform Allowances and the Health Reimbursement Arrangement (HRA)(Subject to Mayor’s Veto) 4.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which outlines agreement for the Development and Resource Management (DARM)department to proceed with contracting out work for the Third Party Plan Review program and Plan Check work as necessary (Subject to Mayor’s Veto) RECOMMENDATIONS It is recommended that Council approve the attached Side Letter of Agreement with FCEA which provides for equity increases for various classifications in Unit 3 resulting from the successor MOU approved in August 2018. Additionally,it is recommended Council approve the Twelfth Amendment to Salary Resolution No. 2018-159,amending Exhibit 3,Unit 3,Non-Supervisory White Collar (FCEA),effective June 24, 2019,to implement equity adjustments for the second phase of a 2018 Classification and Compensation Study on classes in Unit 3,represented by FCEA,and a previously approved wage increase. City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1802 Agenda Date:6/13/2019 Agenda #:1-U It is also recommended that Council approve the attached Side Letter of Agreement with FCEA which amends provisions of the MOU between the City and FCEA on Uniform Allowances and the HRA. It is further recommended that Council approve the attached Side Letter of Agreement with FCEA which outlines agreement for DARM to proceed with contracting out work of the Third Party Plan Review program and Plan Check work as necessary. EXECUTIVE SUMMARY The City and FCEA reached agreement on a Side Letter of Agreement resulting from a 2018 Classification and Compensation Study which implements a second phase of equity adjustments to salaries for certain classes,effective June 24,2019.Further,in August 2018,Council approved a successor MOU between the City and FCEA,which provides for a wage increase of 2.5%for all classes in the Unit,effective June 24,2019.To implement the equity adjustments pursuant to the Side Letter of Agreement and wage increase in accordance with the MOU,it is necessary to approve the Twelfth Amendment to FY19 Salary Resolution No.2018-159,amending Exhibit 3,Unit 3,Non- Supervisory White Collar (FCEA). Crime Scene Technicians are required to wear upgraded uniforms which are more costly;therefore, the parties have agreed to increase the allowances for this classification.Other uniform allowance language was updated to reflect the reclassification of clerical staff in the Records Bureau of the Police Department.Additionally,language in the HRA provisions is amended to remove references to a prior fiscal year. In order to meet deadlines under the Money Back Guarantee/Business Streamlining Act,the DARM Department has determined a need to institute a Third Party Plan Check Review program and contract out other plan check work when the volume of work is such that staff are unable to meet deadlines.The proposed Side Letter of Agreement with FCEA outlines agreement to proceed with these actions. BACKGROUND In 2018,the City and FCEA came to agreement on equity adjustments as a result of a Classification and Compensation Study.Due to limited available of resources,the City and FCEA also agreed that equity increases would be implemented in phases, with the first phase completed in November 2018. On April 24,2019,the City and FCEA reached tentative agreement on a Side Letter of Agreement to implement the second phase of equity adjustments to certain classes.Equity adjustments include increases to address critical recruitment and retention challenges for classifications in DARM involved with plan check review.The second phase of equity adjustments also provides for increases to other classifications with demonstrated recruitment or retention issues including engineering, information technology,inspection,and planning classifications.Finally,other classifications receive equity adjustments to address, in part, internal and external equity. The City and FCEA also tentatively agreed to a Side Letter of Agreement on Uniforms and the Health Reimbursement Arrangement (HRA).The Uniform Allowance language is revised to a)change a reference to Administrative Clerks/Senior to Police Support Services Clerks/Technicians after a reclassification;and,b)increase the uniform allowance for Crime Scene Technicians due to a changeCity of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1802 Agenda Date:6/13/2019 Agenda #:1-U reclassification;and,b)increase the uniform allowance for Crime Scene Technicians due to a change in uniform requirements which resulted in higher costs for uniforms.HRA language is revised to remove obsolete references to a specific fiscal year for salary calculations. In August 2018,Council approved a successor MOU between the City and FCEA.The MOU provides for a wage increase of 2.5%for all classes in the Unit effective June 24,2019.The Twelfth Amendment to the FY19 Salary Resolution implements these equity adjustments pursuant to the Side Letter of Agreement and wage increase in accordance with the MOU. On February 14 2019,Council adopted Ordinance No.2019-009 to approve the Money Back Guarantee/Business Streamlining Act (“Act”).In order to meet deadlines mandated by the Act,DARM intends to implement a Third Party Plan Check Review program and will contract out plan check work on an as-needed basis.The City is required to meet with affected bargaining units when bargaining unit work is contracted or done by other parties.The City met with FCEA and reached agreement on the attached Side Letter of Agreement,which allows DARM to proceed with the Third Party Plan Check Review program and contracting out of plan check work.Pursuant to the terms of the Side Letter,the City is obligated to retain DARM positions related to plan check work unless the Third Party Plan Check Review program and plan check contract work are discontinued. The City Attorney’s Office has approved the Side Letters of Agreement and Salary Resolution Amendment as to form. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT The cost for all equity adjustments is approximately $373,307 to the General Fund and $867,498 to All Funds in FY 2020. The additional cost for uniforms for Crime Scene Technicians in FY 2020 is approximately $5,047 to the General Fund. The cost of the scheduled wage increase is approximately $2,082,412 to the General Fund and $3,470,797 to All Funds for FY20, and was previously approved by Council. The Side Letter implementing the Money Back Guarantee/Business Streamlining Act has no fiscal impact.If work is contracted out,there will be a cost,but the Side Letter of Agreement does not directly result in new costs. Attachments: Side Letter of Agreement: FCEA - Third Party Plan Check Review, Contract Work City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1802 Agenda Date:6/13/2019 Agenda #:1-U Resolution: Twelfth Amendment to FY19 Salary Resolution No. 2018-159 Salary Tables: Twelfth Amendment to FY19 Salary Resolution No. 2018-159 - Redline Salary Tables: Twelfth Amendment to FY19 Salary Resolution No. 2018-159 - Final Side Letter of Agreement: FCEA - Class & Comp Equity Adjustments Costing: Class & Comp Equity Adjustments Side Letter of Agreement: FCEA - Crime Scene Technician Uniform Allowance and HRA Costing: Crime Scene Tech Uniform Allowance City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ SEE APPENDIX FOR FOOTNOTES Page 3.1 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective April 15, 2019June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2689 2623 2811 2742 2938 2866 3075 3000 3220 3141 - Account Clerk II 1300023 123 2938 2866 3075 3000 3220 3141 3366 3283 3521 3435 - Accountant-Auditor I 1300114 124 4013 3857 4197 4033 4392 4220 4605 4425 4821 4633 - Accountant-Auditor II 1300124 124 4647 4466 4862 4672 5099 4900 5341 5133 5594 5376 - Accounting Technician 130010 12 3521 3435 3687 3597 3861 3766 4039 3940 4231 4127 - Administrative Clerk I 1100013 63 2495 2434 2611 2547 2727 2660 2853 2783 2983 2910 - Administrative Clerk II 1100023 123 2768 2660 2896 2783 3028 2910 3169 3045 3316 3187 - Airports Operations Officer I 3100064 124 4355 4248 4568 4456 4788 4671 5028 4905 5279 5150 - Airports Operations Officer II 3100094 124 4788 4671 5028 4905 5279 5150 5544 5408 5821 5679 - Airports Property Specialist I 1750014 124 4659 4545 4884 4764 5116 4991 5357 5226 5616 5479 Airports Property Specialist II 1750024 124 5399 5267 5657 5519 5930 5785 6211 6059 6512 6353 - Associate Electrical Safety Consultant I 230022 12 5389 5079 5645 5320 5917 5576 6196 5839 6495 6121 - Associate Electrical Safety Consultant II 230023 12 5645 5320 5917 5576 6196 5839 6495 6121 6809 6417 - Associate Environmental & Safety Consultant I 230003 12 5389 5079 5645 5320 5917 5576 6196 5839 6495 6121 - Associate Environmental & Safety Consultant II 230004 12 5645 5320 5917 5576 6196 5839 6495 6121 6809 6417 - Associate Plumbing & Mechanical Consultant I 230012 12 5389 5079 5645 5320 5917 5576 6196 5839 6495 6121 - Associate Plumbing & Mechanical Consultant II 230013 12 5645 5320 5917 5576 6196 5839 6495 6121 6809 6417 - Billing System Specialist 125075 12 3953 3856 4138 4037 4334 4228 4530 4419 4742 4626 - Budget Technician 135005 12 3577 3489 3743 3651 3919 3823 4103 4002 4297 4192 - Building Inspector I 2300074 124 4970 4848 5206 5079 5453 5320 5716 5576 5985 5839 - SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 4/11/20196/24/2019 Eleventh Twelfth Council Amendment Supersedes Tenth Eleventh Council Amendment Building Inspector II 2300084 124 5389 5079 5645 5320 5917 5576 6196 5839 6495 6121 - Building Inspector III 230009 12 5645 5320 5917 5576 6196 5839 6495 6121 6809 6417 - SEE APPENDIX FOR FOOTNOTES Page 3.2 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective April 15, 2019June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 2938 2866 3075 3000 3226 3147 3366 3283 3521 3435 - Call Center Representative II 1150713 123 3220 3141 3366 3283 3521 3435 3687 3597 3861 3766 - Central Printing Clerk 120005 12 2768 2660 2896 2783 3028 2910 3169 3045 3316 3187 - Chemist 620020 12 4735 4619 4964 4842 5199 5072 5447 5314 5707 5567 City Records Specialist 115025 12 3577 3489 3743 3651 3919 3823 4103 4002 4297 4192 - Commercial Building Inspector 230015 12 5389 5079 5645 5320 5917 5576 6196 5839 6495 6121 - Community Recreation Assistant 520010 12 3014 2896 3149 3026 3280 3152 3412 3278 3562 3423 - Community Revitalization Specialist 230053 12 4850 4731 5083 4959 5328 5198 5619 5481 5853 5710 - Community Revitalization Technician 230059 12 3374 3291 3531 3444 3695 3604 3870 3775 4052 3953 - Community Services Officer I 4100254 124 3131 3008 3274 3146 3425 3291 3584 3444 3751 3604 - Community Services Officer II 4100264 124 3425 3291 3584 3444 3751 3604 3928 3775 4114 3953 - Computer Systems Specialist I 1250104 124 4249 4145 4447 4338 4658 4544 4882 4762 5113 4988 - Computer Systems Specialist II 1250114 124 5375 4870 5629 5100 5898 5345 6180 5600 6480 5871 - Computer Systems Specialist III 125012 12 5933 5460 6217 5721 6517 5998 6829 6284 7160 6589 - Construction Compliance Specialist 150055 12 4159 4057 4349 4242 4556 4444 4773 4656 4996 4874 - Crime Scene Technician I 4100104 124 3980 3882 4166 4064 4362 4255 4570 4458 4787 4670 - Crime Scene Technician II 4100114 124 4362 4255 4570 4458 4787 4670 5014 4891 5256 5127 - Crime Specialist 410008 12 4992 4870 5228 5100 5479 5345 5740 5600 6018 5871 - Customer Services Clerk I 1150603 63 2941 2869 3074 2999 3214 3135 3364 3281 3521 3435 - Customer Services Clerk II 1150613 123 3221 3142 3372 3289 3531 3444 3690 3600 3861 3766 - Deputy City Clerk 115028* 12 3169 3045 3316 3187 3470 3334 3631 3489 3799 3651 - Development Services Coordinator 230057 12 4915 4724 5185 4983 5437 5225 5697 5475 5970 5737 - Digital Forensics Analyst 410050 12 6555 6883 7227 7588 7967 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. * New class effective July 23, 2018 4/11/20196/24/2019 Eleventh Twelfth Council Amendment Supersedes Seventh Eleventh Council Amendment 6256 6569 6897 7241 7603 Emergency Services Dispatcher I 4100015 125 3729 3638 3880 3785 4041 3942 4227 4123 4404 4296 - Emergency Services Dispatcher II 4100025 125 4100 4000 4294 4189 4499 4389 4711 4596 4927 4806 - Emergency Services Dispatcher III 410003 12 4583 4471 4793 4676 5026 4903 5258 5129 5507 5372 - SEE APPENDIX FOR FOOTNOTES Page 3.3 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective April 15, 2019June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 5605 4614 5868 4830 6144 5058 6441 5302 6738 5546 - Engineer II 2100164 124 6148 5339 6430 5584 6739 5852 7057 6128 7411 6436 - Engineering Aide I 2100013 63 3113 3037 3251 3171 3400 3317 3558 3471 3727 3636 - Engineering Aide II 2100023 123 3636 3488 3806 3651 3979 3816 4164 3994 4366 4188 - Engineering Inspector I 2300754 124 4789 4500 5033 4729 5260 4942 5508 5175 5775 5426 - Engineering Inspector II 2300764 124 5239 4918 5486 5150 5751 5398 6025 5656 6314 5927 - Engineering Technician I 2100054 124 3657 3567 3828 3734 4012 3914 4192 4089 4389 4281 - Engineering Technician II 2100064 124 4279 3994 4487 4188 4694 4382 4912 4586 5148 4806 - Environmental Control Officer 620001 12 4671 4557 4894 4774 5120 4995 5364 5233 5617 5480 - Facilities Construction Specialist 230085 12 4773 4656 4995 4873 5234 5106 5482 5348 5746 5605 - Fire Prevention Inspector I 4200014 124 4218 4115 4416 4308 4617 4504 4843 4724 5074 4950 - Fire Prevention Inspector II 4200024 124 4862 4743 5083 4959 5328 5198 5589 5452 5853 5710 - Fleet Operations Specialist 710105 12 4460 4351 4668 4554 4893 4773 5123 4998 5369 5238 - Geographic Information System (GIS) Specialist 125025 12 5933 5460 6217 5721 6517 5998 6829 6284 7160 6589 - Graphics Technician 120013 12 3840 3746 4026 3927 4222 4119 4426 4318 4643 4529 - Helicopter Pilot 410033 12 5849 5706 6134 5984 6436 6279 6751 6586 7083 6910 - Housing Rehabilitation Specialist 230056 12 4835 4717 5071 4947 5321 5191 5582 5445 5853 5710 - Industrial/Commercial Water Conservation Representative 610015 12 4679 4564 4902 4782 5129 5003 5373 5241 5627 5489 - Laboratory Assistant 620010 12 3265 3185 3420 3336 3578 3490 3745 3653 3919 3823 - Laboratory Technician I 6200114 124 3925 3829 4109 4008 4302 4197 4504 4394 4715 4600 - Laboratory Technician II 6200124 124 4312 4206 4513 4402 4725 4609 4952 4831 5187 5060 - Landscape Water Conservation Specialist 610005 12 4665 4551 4887 4767 5120 4995 5363 5232 5617 5480 - SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 4/11/20196/24/2019 Eleventh Twelfth Council Amendment Supersedes Tenth Eleventh Council Amendment SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018 June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3795 3702 3979 3881 4173 4071 4376 4269 4588 4476 - Network Systems Specialist 125030 12 5933 5460 6217 5721 6517 5998 6829 6284 7160 6589 - PAR Program Specialist 410023 12 3374 3291 3531 3444 3695 3604 3870 3775 4052 3953 - Paratransit Specialist 320005 12 3594 3506 3763 3671 3941 3844 4119 4018 4312 4206 - Parking Controller I 7101204 124 2680 2575 2790 2680 2905 2792 3020 2902 3149 3026 - Parking Controller II 7101214 124 2913 2799 3036 2917 3161 3037 3289 3160 3439 3305 - Parking Controller III 710122 12 3161 3037 3289 3160 3439 3305 3578 3438 3733 3587 - Phlebotomist 410007 12 3265 3122 3420 3270 3578 3421 3745 3581 3919 3748 - Planner I 2200053 63 4439 4038 4640 4221 4861 4423 5095 4635 5339 4857 - Planner II 2200063 123 5001 4724 5276 4983 5532 5225 5797 5475 6075 5737 - Plans and Permit Technician 220002 12 4752 4362 4975 4567 5201 4775 5456 5008 5716 5247 - Plans Examiner 210041 12 5214 4910 5450 5133 5713 5380 5992 5643 6275 5910 - Police Data Transcriptionist 115035 12 3703 3612 3873 3778 4053 3954 4241 4137 4441 4332 - Police Support Services Clerk 115043 12 3084 3008 3225 3146 3374 3291 3531 3444 3695 3604 - Police Support Services Technician 115044 12 3374 3291 3531 3444 3695 3604 3870 3775 4052 3953 - Principal Account Clerk 130004 12 3521 3435 3687 3597 3861 3766 4039 3940 4231 4127 - Procurement Specialist 140002 12 4508 4398 4723 4607 4946 4825 5181 5054 5430 5297 - Program Compliance Officer 640026 12 3854 3760 4044 3945 4241 4137 4448 4339 4665 4551 - Programmer/Analyst I 1250204 124 4249 4145 4447 4338 4658 4544 4882 4762 5113 4988 - Programmer/Analyst II 1250214 124 5375 4870 5629 5100 5898 5345 6180 5600 6480 5871 - Programmer/Analyst III 125022 12 5933 5460 6217 5721 6517 5998 6829 6284 7160 6589 - Programmer/Analyst IV 125023 12 6484 5851 6800 6136 7129 6433 7469 6740 7829 7065 - Property & Evidence Technician 145010 12 3762 3615 3938 3784 4123 3962 4319 4150 4521 4344 - SEE APPENDIX FOR FOOTNOTES Page 3.4 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11/12/20186/24/2019 Seventh Twelfth Council Amendment Supersedes OriginalSeventh Radio Dispatcher 120015 12 3312 3231 3461 3376 3605 3517 3764 3672 3919 3823 - Rangemaster/Armorer 410035 12 4570 4458 4787 4670 5014 4891 5256 5127 5505 5370 - Real Estate Finance Specialist I 1700014 124 3777 3684 3954 3857 4134 4033 4331 4225 4536 4425 - Real Estate Finance Specialist II 1700024 124 4365 4195 4572 4394 4790 4603 5016 4820 5254 5049 - SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3645 3503 3813 3665 3993 3837 4181 4018 4377 4206 - Retirement Counselor I 1350504 124 3588 3500 3757 3665 3934 3838 4118 4017 4312 4206 - Retirement Counselor II 1350514 124 3945 3848 4129 4028 4323 4217 4527 4416 4742 4626 - Safety and Training Specialist 150050 12 4212 4109 4417 4309 4635 4521 4861 4742 5099 4974 - Secretary 110050 12 3316 3187 3470 3334 3631 3489 3799 3651 3979 3823 - Senior Account Clerk 130003 12 3220 3141 3366 3283 3521 3435 3687 3597 3861 3766 - Senior Administrative Clerk 110003 12 3028 2910 3169 3045 3316 3187 3470 3334 3631 3489 - Senior Call Center Representative 115072 12 3708 3563 3886 3734 4074 3915 4272 4105 4480 4305 - Senior Commercial Building Inspector 230016 12 5645 5320 5917 5576 6196 5839 6495 6121 6809 6417 - Senior Community Revitalization Specialist 230054 12 5437 5304 5692 5553 5958 5812 6246 6093 6549 6389 - Senior Community Services Officer 410027 12 3674 3531 3845 3695 4026 3868 4212 4048 4413 4241 - Senior Crime Scene Technician 410012 12 4570 4458 4787 4670 5014 4891 5256 5127 5505 5370 - Senior Customer Services Clerk 115062 12 3681 3591 3847 3753 4026 3927 4215 4112 4413 4305 - Senior Deputy City Clerk 115029* 12 3589 3489 3755 3651 3932 3823 4116 4002 4312 4192 - Senior Engineering Technician 210007 12 4827 4614 5054 4830 5292 5058 5547 5302 5802 5546 - Senior Fire Prevention Inspector 420003 12 5437 5304 5692 5553 5958 5812 6246 6093 6549 6389 - Senior Laboratory Technician 620013 12 4806 4688 5037 4914 5276 5147 5527 5392 5791 5649 - Senior Network Systems Specialist 125031 12 6646 6483 6969 6799 7307 7128 7655 7468 8025 7829 - Senior Plans Examiner 210042 12 5727 5437 5996 5692 6276 5958 6579 6246 6899 6549 - Senior Procurement Specialist 140003 12 4946 4825 5181 5054 5430 5297 5689 5550 5959 5813 - Senior Property & Evidence Technician 145011 12 4123 3962 4319 4150 4521 4344 4733 4548 4960 4767 - Senior Records Clerk 110101 12 3169 3045 3316 3187 3470 3334 3631 3489 3799 3651 - SEE APPENDIX FOR FOOTNOTES Page 3.5 Senior Secretary 110051 12 3589 3489 3755 3651 3932 3823 4116 4002 4312 4192 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. * New class effective July 23, 2018 11/12/20186/24/2019 Seventh Twelfth Council Amendment Supersedes OriginalSeventh SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) , effective November 12, 2018June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3762 3615 3938 3784 4123 3962 4319 4150 4521 4344 - Senior Utility Service Representative 230092 12 3943 3846 4128 4027 4323 4217 4525 4414 4742 4626 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 6646 6483 6969 6799 7251 7074 7655 7468 8025 7829 - Staff Assistant 150001 12 3564 3425 3731 3586 3908 3755 4084 3925 4276 4109 - Storeskeeper 145001 12 3562 3475 3729 3638 3902 3806 4084 3984 4277 4172 - Survey Party Technician 210030 12 4279 3994 4487 4188 4694 4382 4912 4586 5148 4806 - Tax/Permit Inspector 135001 12 4218 4113 4417 4307 4618 4503 4845 4724 5075 4949 - Traffic Signal Operations Specialist 710150 12 6045 5897 6334 6179 6640 6478 6957 6787 7295 7117 - Transit Scheduler 320049 12 6045 5897 6334 6179 6640 6478 6957 6787 7295 7117 - Tree Program Specialist 510015 12 4459 4350 4670 4556 4895 4775 5127 5001 5369 5238 - Utility Service Representative I 2300904 124 3269 3189 3419 3335 3577 3489 3745 3653 3919 3823 - Utility Service Representative II 2300914 124 3588 3500 3757 3665 3932 3836 4117 4016 4311 4205 - Wastewater Reclamation Coordinator 620035 12 4659 4545 4884 4764 5116 4991 5357 5226 5616 5479 - Water Conservation Representative 610001 12 3373 3290 3531 3444 3695 3604 3869 3774 4051 3952 - Water Systems Telemetry & Distributed Control Specialist 610021 12 5502 5367 5762 5621 6039 5891 6327 6172 6632 6470 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11/12/20186/24/2019 Seventh Twelflth Council Amendment Supersedes OriginalSeventh SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 6/24/2019 Twelfth Council Amendment Supersedes Eleventh Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2689 2811 2938 3075 3220 - Account Clerk II 1300023 123 2938 3075 3220 3366 3521 - Accountant-Auditor I 1300114 124 4013 4197 4392 4605 4821 - Accountant-Auditor II 1300124 124 4647 4862 5099 5341 5594 - Accounting Technician 130010 12 3521 3687 3861 4039 4231 - Administrative Clerk I 1100013 63 2495 2611 2727 2853 2983 - Administrative Clerk II 1100023 123 2768 2896 3028 3169 3316 - Airports Operations Officer I 3100064 124 4355 4568 4788 5028 5279 - Airports Operations Officer II 3100094 124 4788 5028 5279 5544 5821 - Airports Property Specialist I 1750014 124 4659 4884 5116 5357 5616 Airports Property Specialist II 1750024 124 5399 5657 5930 6211 6512 - Associate Electrical Safety Consultant I 230022 12 5389 5645 5917 6196 6495 - Associate Electrical Safety Consultant II 230023 12 5645 5917 6196 6495 6809 - Associate Environmental & Safety Consultant I 230003 12 5389 5645 5917 6196 6495 - Associate Environmental & Safety Consultant II 230004 12 5645 5917 6196 6495 6809 - Associate Plumbing & Mechanical Consultant I 230012 12 5389 5645 5917 6196 6495 - Associate Plumbing & Mechanical Consultant II 230013 12 5645 5917 6196 6495 6809 - Billing System Specialist 125075 12 3953 4138 4334 4530 4742 - Budget Technician 135005 12 3577 3743 3919 4103 4297 - Building Inspector I 2300074 124 4970 5206 5453 5716 5985 - Building Inspector II 2300084 124 5389 5645 5917 6196 6495 - Building Inspector III 230009 12 5645 5917 6196 6495 6809 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. * New class effective July 23, 2018 6/24/2019 Twelfth Council Amendment Supersedes Eleventh Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 2938 3075 3226 3366 3521 - Call Center Representative II 1150713 123 3220 3366 3521 3687 3861 - Central Printing Clerk 120005 12 2768 2896 3028 3169 3316 - Chemist 620020 12 4735 4964 5199 5447 5707 City Records Specialist 115025 12 3577 3743 3919 4103 4297 - Commercial Building Inspector 230015 12 5389 5645 5917 6196 6495 - Community Recreation Assistant 520010 12 3014 3149 3280 3412 3562 - Community Revitalization Specialist 230053 12 4850 5083 5328 5619 5853 - Community Revitalization Technician 230059 12 3374 3531 3695 3870 4052 - Community Services Officer I 4100254 124 3131 3274 3425 3584 3751 - Community Services Officer II 4100264 124 3425 3584 3751 3928 4114 - Computer Systems Specialist I 1250104 124 4249 4447 4658 4882 5113 - Computer Systems Specialist II 1250114 124 5375 5629 5898 6180 6480 - Computer Systems Specialist III 125012 12 5933 6217 6517 6829 7160 - Construction Compliance Specialist 150055 12 4159 4349 4556 4773 4996 - Crime Scene Technician I 4100104 124 3980 4166 4362 4570 4787 - Crime Scene Technician II 4100114 124 4362 4570 4787 5014 5256 - Crime Specialist 410008 12 4992 5228 5479 5740 6018 - Customer Services Clerk I 1150603 63 2941 3074 3214 3364 3521 - Customer Services Clerk II 1150613 123 3221 3372 3531 3690 3861 - Deputy City Clerk 115028* 12 3169 3316 3470 3631 3799 - Development Services Coordinator 230057 12 4915 5185 5437 5697 5970 - Digital Forensics Analyst 410050 12 6555 6883 7227 7588 7967 - Emergency Services Dispatcher I 4100015 125 3729 3880 4041 4227 4404 - Emergency Services Dispatcher II 4100025 125 4100 4294 4499 4711 4927 - Emergency Services Dispatcher III 410003 12 4583 4793 5026 5258 5507 - SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 6/24/2019 Twelfth Council Amendment Supersedes Eleventh Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 5605 5868 6144 6441 6738 - Engineer II 2100164 124 6148 6430 6739 7057 7411 - Engineering Aide I 2100013 63 3113 3251 3400 3558 3727 - Engineering Aide II 2100023 123 3636 3806 3979 4164 4366 - Engineering Inspector I 2300754 124 4789 5033 5260 5508 5775 - Engineering Inspector II 2300764 124 5239 5486 5751 6025 6314 - Engineering Technician I 2100054 124 3657 3828 4012 4192 4389 - Engineering Technician II 2100064 124 4279 4487 4694 4912 5148 - Environmental Control Officer 620001 12 4671 4894 5120 5364 5617 - Facilities Construction Specialist 230085 12 4773 4995 5234 5482 5746 - Fire Prevention Inspector I 4200014 124 4218 4416 4617 4843 5074 - Fire Prevention Inspector II 4200024 124 4862 5083 5328 5589 5853 - Fleet Operations Specialist 710105 12 4460 4668 4893 5123 5369 - Geographic Information System (GIS) Specialist 125025 12 5933 6217 6517 6829 7160 - Graphics Technician 120013 12 3840 4026 4222 4426 4643 - Helicopter Pilot 410033 12 5849 6134 6436 6751 7083 - Housing Rehabilitation Specialist 230056 12 4835 5071 5321 5582 5853 - Industrial/Commercial Water Conservation Representative 610015 12 4679 4902 5129 5373 5627 - Laboratory Assistant 620010 12 3265 3420 3578 3745 3919 - Laboratory Technician I 6200114 124 3925 4109 4302 4504 4715 - Laboratory Technician II 6200124 124 4312 4513 4725 4952 5187 - Landscape Water Conservation Specialist 610005 12 4665 4887 5120 5363 5617 - SEE APPENDIX FOR FOOTNOTES Page 3.4 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 6/24/2019 Twelfth Council Amendment Supersedes Seventh EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3795 3979 4173 4376 4588 - Network Systems Specialist 125030 12 5933 6217 6517 6829 7160 - PAR Program Specialist 410023 12 3374 3531 3695 3870 4052 - Paratransit Specialist 320005 12 3594 3763 3941 4119 4312 - Parking Controller I 7101204 124 2680 2790 2905 3020 3149 - Parking Controller II 7101214 124 2913 3036 3161 3289 3439 - Parking Controller III 710122 12 3161 3289 3439 3578 3733 - Phlebotomist 410007 12 3265 3420 3578 3745 3919 - Planner I 2200053 63 4439 4640 4861 5095 5339 - Planner II 2200063 123 5001 5276 5532 5797 6075 - Plans and Permit Technician 220002 12 4752 4975 5201 5456 5716 - Plans Examiner 210041 12 5214 5450 5713 5992 6275 - Police Data Transcriptionist 115035 12 3703 3873 4053 4241 4441 - Police Support Services Clerk 115043 12 3084 3225 3374 3531 3695 - Police Support Services Technician 115044 12 3374 3531 3695 3870 4052 - Principal Account Clerk 130004 12 3521 3687 3861 4039 4231 - Procurement Specialist 140002 12 4508 4723 4946 5181 5430 - Program Compliance Officer 640026 12 3854 4044 4241 4448 4665 - Programmer/Analyst I 1250204 124 4249 4447 4658 4882 5113 - Programmer/Analyst II 1250214 124 5375 5629 5898 6180 6480 - Programmer/Analyst III 125022 12 5933 6217 6517 6829 7160 - Programmer/Analyst IV 125023 12 6484 6800 7129 7469 7829 - Property & Evidence Technician 145010 12 3762 3938 4123 4319 4521 - Radio Dispatcher 120015 12 3312 3461 3605 3764 3919 - Rangemaster/Armorer 410035 12 4570 4787 5014 5256 5505 - Real Estate Finance Specialist I 1700014 124 3777 3954 4134 4331 4536 - Real Estate Finance Specialist II 1700024 124 4365 4572 4790 5016 5254 - SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3645 3813 3993 4181 4377 - Retirement Counselor I 1350504 124 3588 3757 3934 4118 4312 - Retirement Counselor II 1350514 124 3945 4129 4323 4527 4742 - Safety and Training Specialist 150050 12 4212 4417 4635 4861 5099 - Secretary 110050 12 3316 3470 3631 3799 3979 - Senior Account Clerk 130003 12 3220 3366 3521 3687 3861 - Senior Administrative Clerk 110003 12 3028 3169 3316 3470 3631 - Senior Call Center Representative 115072 12 3708 3886 4074 4272 4480 - Senior Commercial Building Inspector 230016 12 5645 5917 6196 6495 6809 - Senior Community Revitalization Specialist 230054 12 5437 5692 5958 6246 6549 - Senior Community Services Officer 410027 12 3674 3845 4026 4212 4413 - Senior Crime Scene Technician 410012 12 4570 4787 5014 5256 5505 - Senior Customer Services Clerk 115062 12 3681 3847 4026 4215 4413 - Senior Deputy City Clerk 115029* 12 3589 3755 3932 4116 4312 - Senior Engineering Technician 210007 12 4827 5054 5292 5547 5802 - Senior Fire Prevention Inspector 420003 12 5437 5692 5958 6246 6549 - Senior Laboratory Technician 620013 12 4806 5037 5276 5527 5791 - Senior Network Systems Specialist 125031 12 6646 6969 7307 7655 8025 - Senior Plans Examiner 210042 12 5727 5996 6276 6579 6899 - Senior Procurement Specialist 140003 12 4946 5181 5430 5689 5959 - Senior Property & Evidence Technician 145011 12 4123 4319 4521 4733 4960 - Senior Records Clerk 110101 12 3169 3316 3470 3631 3799 - Senior Secretary 110051 12 3589 3755 3932 4116 4312 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. * New class effective July 23, 2018 6/24/2019 Twelfth Council Amendment Supersedes Seventh SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) , effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3762 3938 4123 4319 4521 - Senior Utility Service Representative 230092 12 3943 4128 4323 4525 4742 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 6646 6969 7251 7655 8025 - Staff Assistant 150001 12 3564 3731 3908 4084 4276 - Storeskeeper 145001 12 3562 3729 3902 4084 4277 - Survey Party Technician 210030 12 4279 4487 4694 4912 5148 - Tax/Permit Inspector 135001 12 4218 4417 4618 4845 5075 - Traffic Signal Operations Specialist 710150 12 6045 6334 6640 6957 7295 - Transit Scheduler 320049 12 6045 6334 6640 6957 7295 - Tree Program Specialist 510015 12 4459 4670 4895 5127 5369 - Utility Service Representative I 2300904 124 3269 3419 3577 3745 3919 - Utility Service Representative II 2300914 124 3588 3757 3932 4117 4311 - Wastewater Reclamation Coordinator 620035 12 4659 4884 5116 5357 5616 - Water Conservation Representative 610001 12 3373 3531 3695 3869 4051 - Water Systems Telemetry & Distributed Control Specialist 610021 12 5502 5762 6039 6327 6632 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 6/24/2019 Twelflth Council Amendment Supersedes Seventh FCEA CLASSIFICATION AND COMPENSATION FISCAL YEAR 2020 EQUITY INCREASES ATTACHMENT I Job Code Job Title Equity Increase 130011 Accountant-Auditor I 1.50% 130012 Accountant-Auditor II 1.50% 110002 Administrative Clerk II 1.50% 230022 Associate Electrical Safety Consultant I 3.50% 230023 Associate Electrical Safety Consultant II 3.50% 230003 Associate Environmental & Safety Consultant I 3.50% 230004 Associate Environmental & Safety Consultant II 3.50% 230012 Associate Plumbing & Mechanical Consultant I 3.50% 230013 Associate Plumbing & Mechanical Consultant II 3.50% 230008 Building Inspector II 3.50% 230009 Building Inspector III 3.50% 120005 Central Printing Clerk 1.50% 230015 Commercial Building Inspector 3.50% 520010 Community Recreation Assistant 1.50% 410025 Community Services Officer I 1.50% 410026 Community Services Officer II 1.50% 125011 Computer Systems Specialist II 7.65% 125012 Computer Systems Specialist III 6.00% 115028 Deputy City Clerk 1.50% 230057 Development Services Coordinator 1.50% 410050 Digital Forensics Analyst 2.21% 210015 Engineer I 18.50% 210016 Engineer II 12.33% 210002 Engineering Aide II 1.68% 230075 Engineering Inspector I 3.82% 230076 Engineering Inspector II 3.92% 210006 Engineering Technician II 4.49% 125025 Geographic Information System (GIS) Specialist 6.00% 125030 Network Systems Specialist 6.00% 710120 Parking Controller I 1.50% 710121 Parking Controller II 1.50% 710122 Parking Controller III 1.50% 410007 Phlebotomist 2.00% 220005 Planner I 7.21% 220006 Planner II 3.28% 220002 Plans and Permit Technician 6.26% 210041 Plans Examiner 3.57% 125021 Programmer/Analyst II 7.65% 125022 Programmer/Analyst III 6.00% 125023 Programmer/Analyst IV 8.10% 145010 Property & Evidence Technician 1.50% 170002 Real Estate Finance Specialist II 1.50% 520005 Recreation Specialist 1.50% 110050 Secretary 1.50% 110003 Senior Administrative Clerk 1.50% 115072 Senior Call Center Representative 1.50% 145002 Senior Commercial Building Inspector 3.50% 230016 Senior Community Services Officer 1.50% 115029 Senior Deputy City Clerk 0.32% 210007 Senior Engineering Technician 2.05% 210042 Senior Plans Examiner 2.75% 140003 Senior Property & Evidence Technician 1.50% 110101 Senior Records Clerk 1.50% 110051 Senior Secretary 0.32% 145011 Senior Storeskeeper 1.50% 150001 Staff Assistant 1.50% 210030 Survey Party Technician 4.49% 135001 Tax/Permit Inspector 0.03% Base Data as of 9/12/2018 FCEA CLASS AND COMP ESTIMATED COST FY20 General Fund FY20 All Funds Equity Increases with Pension/Social Security & Medicare July 2019 373,307$ 867,498$ Total FY20 373,307$ 867,498$ NOTES: Full year cost in FY20. Pension rate is 11.11% for employees hired before 10/3/2016 and 9.61% for employees hired on/after 10/3/2016. Social Security rate for part-time employees is 6.2%. Mediare rate is 1.45%. FY20 cost does not include cost of 2.5% scheduled wage increase. Estimated Cost of Increased Uniform Allowance for Crime Scene Technician I/II/Senior FCEA, Unit 3 FY20 General Fund Monthly Uniform Allowance Increase with Pension & Medicare July 2019 5,047$ Initial Uniform Allowance Increase with Pension & Medicare July 2019 162$ Total FY20 5,047$ NOTES: Cost of full year in FY20. Based on 15 currently filled PCNs and 1 currently vacant PCN. Assumes vacant PCN will be filled in July 2019 and monthly Uniform Allowance will be effective 6 months thereafter. Pension cost is 11.11% for employees hired before 10/3/2016, and 9.61% for employees hired on/after 10/3/2016 Medicare cost is 1.45%. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1803 Agenda Date:6/13/2019 Agenda #:1-V REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JEFF CARDELL, Director of Personnel Services Personnel Services Department BY:KEN PHILLIPS, Labor Relations Manager Personnel Services Department SUBJECT ***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA),representing Unit 13-1 and 13-2,Unit 3 which outlines agreement for the Development and Resource Management (DARM)department to proceed with Third Party Plan Check Review and the contracting of Plan Check work as necessary (Subject to Mayor’s Veto) RECOMMENDATION It is recommended that Council approve the attached Side Letter of Agreement with CFPEA regarding Third Party Plan Check Review and the contracting out of Plan Check work as necessary. EXECUTIVE SUMMARY In order to meet deadlines under the Money Back Guarantee/Business Streamlining Act,the Development and Resource Management Department (“DARM”)has determined a need to institute a Third Party Plan Check Review program and contract out other plan check work when the volume of work is such that staff is unable to meet deadlines.The proposed Side Letter of Agreement with CFPEA outlines agreement to proceed with these actions. BACKGROUND On February 14,2019,Council adopted Ordinance No.2019-009 to approve the Money Back Guarantee/Business Streamlining Act (“Act”).In order to meet deadlines mandated by the Act,DARM intends to implement a Third Party Plan Check Review program and will contract out plan check work on an as-needed basis.The City is required to meet with affected bargaining units when bargaining unit work is contracted or done by other parties.The City met with CFPEA and reached agreement on the attached Side Letter of Agreement,which allows DARM to proceed with a Third Party Plan Check Review program and contracting out of plan check work.Pursuant to the terms of the Side City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1803 Agenda Date:6/13/2019 Agenda #:1-V Check Review program and contracting out of plan check work.Pursuant to the terms of the Side Letter,the City is obligated to retain DARM positions related to plan check work unless the Third Party Plan Check Review program and plan check contract work are discontinued. The City Attorney’s Office has approved the Side Letters of Agreement as to form. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT The Side Letter of Agreement has no fiscal impact.If work is contracted out there may be a cost,but the Side Letter does not directly result in new costs. No additional appropriation is requested. Attachments: Side Letter of Agreement - CFPEA City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1674 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JERRY P. DYER, Chief of Police Police Department THROUGH:PATRICK FARMER, Deputy Chief Police Department BY:JON PAPALEO, Lieutenant Police Department - Special Investigation Bureau SUBJECT Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. 1.Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051- 5059 E. McKinley. RECOMMENDATIONS Staff recommends City Council authorize the Chief of Police to enter into a lease agreement with HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. EXECUTIVE SUMMARY The police department’s Special Investigations bureau currently leases 7,246 square feet of office space at 5051-5059 E. McKinley Avenue at a cost of $0.80 per square foot ($5,796.80 per month). Electricity, natural gas, water, garbage, and sewer services are paid by the City. The existing lease expires June 30, 2019. The term of the proposed lease shall be three (3) years, beginning June 30, 2019, to allow for improvements, and ending June 30, 2022. The lease may be terminated by the City, without cause at any time, with a one hundred-eighty (180) day prior written notice. The lease also contains a non- funding termination clause for the City by providing a ninety (90) day prior written notice. The proposed lease will be at a flat rate of $6,159.00 per month for the three (3) year period. City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1674 Agenda Date:6/13/2019 Agenda #: BACKGROUND The Fresno Police Department has leased the property located at 5051-5059 E. McKinley since approximately 1977. Several years ago the space increased in size from 6,506 square feet of office space, to the current, 7,246 square feet of office space. This increase was to accommodate an additional seven (7) detectives inside the main building. The rent at 5051-5059 E. McKinley will remain a flat rate of $6,159.00 per month for a three (3) year period. Electricity, natural gas, water, garbage, and sewer services are paid by the City. ENVIRONMENTAL FINDINGS Preliminary environmental assessment of this project has determined that it falls within the Categorical Exemption pursuant to Article 19,Section 15301/Class 1 (existing facilities )of the California Environmental Quality Act (CEQA) Guidelines for the continued lease of the office space. LOCAL PREFERENCE N/A FISCAL IMPACT The lease payments have been included in the Department’s proposed FY 2020 General Fund budget. Funding for future years will be included in the appropriate years budget. Attachments: Lease Agreement Map of 5051-5059 E. McKinley City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ .. -t 1[,. �ldp; ___ I I C .:,-1�·�··--�--i-· �-�-�-r t-.,�_r r - 1 ·-·· 1��-I�1 -· 1 I � if)A.ist11 IT1t!J�III !o" 1 -----!=--, 3-. • � ,�- 1•-•· . ,. ... � - �"�ttt a11� t · _, t 1r,!o� t-�� � '/1s I I • o• . , :>r,b· \ IJ _,,. · ·· · · ____ .§t�o" 1· I I ---.f" . r----.� ---- I "' , .. _:'r'k -=----.." � ;-#.',,.,,iAg.�f'. � -'-J � �.,: SW/, ;�1�-r ;;; '1IP41"fif19 l�f/9 "' (:) ,1 �' � If,. · . ' ·l',..._5HW i.:iNE?·----ilr · 1 e::;mi:>,"(!,::,-rct � -::;: '? ., � ..�- • I ';• -�-�"'1"'"1.4-/--b....L.--..1,,, .,.I I. -� .. "-bl -l � MCKINLEY OFFICE BUILDING _ �•,-o• .'-ILJ�a' JI ,ol<'l.n Chee)( No. 7&-¾'l-77G l/lc Jci.b M. 71&>ec> -7,Ol'r� -� e.xl.stif!:!] �-' f'..11Vl'n.5 s- u•••U•••• . 'l .. , -====11 __________ :::a,:---�-=-7 l�=�-.d .... l8Ch per ! L----P',l5til!!J a,rJ,:;rtJ"te, CU/'P, gut/:el'.Bnd sidewl!IIK -· --w� ----E-Xldin.9 stteet lig'1ti,y not "!lhown .. I..-. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1720 Agenda Date:6/13/2019 Agenda #:1-X REPORT TO THE CITY COUNCIL June 13, 2019 FROM:BLAKE KONCZAL, Executive Director Fresno Regional Workforce Development Board BY:WILMA QUAN, City Manager Office of the Mayor & City Manager SUBJECT: Approve the Workforce Innovation and Opportunity Act (WIOA)Mandated Partner Memorandum of Understanding (MOU)between the Fresno Regional Workforce Development Board (FRWDB)and the State of California Employment Development Department (EDD) RECOMMENDATIONS Staff recommends the City Council approve the WIOA Mandated Partner MOU renewal between the FRWDB and the EDD. EXECUTIVE SUMMARY The United States Congress passed the WIOA (the Act),as an enhancement to the previous Workforce Investment Act.The Act was signed into law by President Barack Obama on July 22, 2014,and took effect on July 1,2015.The Act mandates that certain Federal,State,and local agencies formally partner with local Workforce Development Boards at what is now known as America’s Jobs Centers of California (AJCC),in order to refer clients between the partners for specific services to better serve the community and leverage resources from multiple sources,as appropriate. The Act requires that partner MOUs be reviewed,updated as needed,and renewed every three years.This is the first renewal.Pursuant to the City Council’s action on September 28,2017,any partner MOU over $50,000 requires the Council’s review and approval.At $230,485,the EDD MOU is currently the only agreement required to come back for Council review and approval. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1720 Agenda Date:6/13/2019 Agenda #:1-X BACKGROUND The initial MOU process was split between Phase I and Phase II,where Phase I established the AJCC system,partnerships and shared services.Phase I agreements were completed in July 2016. Phase II established the Resource Sharing Agreements (RSAs)between the local board and the co- located partners.The purpose of the RSAs is to share equitably in the infrastructure cost of running the One-Stop System.The RSAs also document the total costs of Career Services provided to the community across all of the Partners.The RSAs are required to be reviewed,renegotiated and renewed every year. This renewal renames the RSA as the Infrastructure Funding Agreement (IFA)and incorporates the IFA into the MOU,as Exhibit A.Each year,the IFA will be reviewed,updated as needed and executed as an addendum to the MOU. The EDD MOU is based on the MOU template approved by the Council on May 16,2019,and is required to be fully-executed no later than June 30,2019.If a Memorandum of Understanding is not executed and in effect with each mandated partner by July 1,2019,Fresno County will be out of compliance with WIOA requirements and could lose funding for WIOA activities that benefit the residents of Fresno County. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines section 15378 the approval of this agreement does not qualify as a “project,”and is therefore exempt from CEQA requirements. LOCAL PREFERENCE Local preference was not considered since this item does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no increase in Net City Cost associated with the Recommended Action.The Fresno Regional Workforce Development Board is 100%funded by non-City sources.These have their origin primarily with the United States Department of Labor,being supplemented by other federal and State of California grants. Attachments:AJCC Partner MOU - State of California EDD Attachment 1: AJCC Partners and Services Provided Attachment 2: AJCC Partner Service Locations Attachment 3: AJCC Partner Referral Process Exhibit A: AJCC Infrastructure Funding Agreement City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1720 Agenda Date:6/13/2019 Agenda #:1-X Attachment A: AJCC One Stop Infrastructure Budget Attachment B: AJCC One Stop Infrastructure Allocation Methodology and Allocation Plan Attachment C: AJCC One Stop Consolidated Career Services Budget City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 1 of 17 MEMORANDUM OF UNDERSTANDING Between Fresno Regional Workforce Development Board And State of California Employment Development Department In accordance with the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 U.S.C. 3101, et seq., as amended (hereafter referred to as "WIOA"), the Fresno Regional Workforce Development Board (hereinafter referred to as the "WDB") shall develop a local plan, and enter into a Memorandum of Understanding ("MOU") with local America’s Job Center One-Stop Partners (as defined in Section IV(B) below) regarding the operation of the local America’s Job Center One- Stop System of service delivery (the "local One-Stop System") and the performance of the functions described in Section 121(e)(1) of the WIOA. MOUs must be executed between the WDB and the America’s Job Center One-Stop Partners, with the agreement of the Chief Local Elected Official. The Chief Local Elected Official in the WDB’s Local Workforce Development Area (collectively, the City and County of Fresno) has delegated to the WDB the ability to execute this MOU pursuant to that certain Joint Exercise of Powers Agreement dated May 19, 2009, as amended (the “Joint Powers Agreement”). I. VISION, MISSION AND GOAL OF THE FRESNO COUNTY AMERICA’S JOB CENTER OF CALIFORNIA (AJCC) ONE-STOP SYSTEM A. Vision To fully engage all available public and private resources to ensure the Fresno Regional Workforce Development system as the premier source for the human capital needs of growth industry clusters within Fresno County. By integrating education and workforce preparation to assist the best companies in Fresno County to remain and thrive in our local community, to achieve sustainable economic growth. To concurrently assist our unemployed and underemployed residents to achieve a higher quality of life by access to such careers in growth industry sectors. B. Mission The Fresno Regional Workforce Development Board, a Joint Powers Authority between the City and County of Fresno, in partnership with both the public and private sectors, exists primarily to assist local businesses in meeting their human capital needs. In this, we both (1) screen and train prospective new employees and (2) assist in upskilling existing employees. By offering such quality referral and training services, directly linked to local industry needs, we are of greatest benefit to our unemployed and underemployed clients. II. PURPOSE OF MEMORANDUM OF UNDERSTANDING A. To define, establish, and reinforce relationships between the WDB and the designated America’s Job Center of California (AJCC) One-Stop Partners; B. To define the roles and responsibilities of these entities in the performance of their combined goal of establishing a workforce development system through the local One- Stop System that is: 1. Integrated (offering as many employment, training, and education services as possible for employers and individuals seeking jobs or wishing to enhance their skills and Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 2 of 17 affording universal access to the system overall); 2. Comprehensive (offering to participant/customer a large array of useful information with wide and easy access to needed services); 3. Participant/customer-focused (providing the means for judging the quality of services and making informed choices); and 4. Performance-based (based on clear outcomes to be achieved, mutually negotiated outcomes and methods for measurements, and the means for measuring and attaining participant/customer satisfaction); and C. To describe how cost of services and the operating cost of the local One-Stop System will be funded. III. STATEMENT OF ISSUE As a partner under the WIOA, the State of California Employment Development Department, hereinafter referred to as the “Partner”, enters into an MOU with the WDB regarding the manner in which the Partner will participate and provide access to their services through the local One-Stop System. IV. DEFINITIONS The following definitions apply to this MOU: A. AJCC One-Stop Operator: The WDB sub-contracted entity or entities designated to operate the local One-Stop System, provide Basic Career Services (as defined in Section IV(D) below), and to coordinate services within the local One-Stop System under the WIOA. Sometimes also referred to herein as the "One-Stop Operator" B. AJCC One-Stop Partner: An entity that carries out one or more programs or activities described herein, makes those programs or activities available to participants through the local One-Stop System, and participates in the operation of the local One-Stop System consistent with the terms of this MOU and with the requirements of their Authorizing Law (as defined in Section IV(C) below) by which the programs or activities are authorized under the WIOA. Sometimes also referred to herein as "Partner" C. Authorizing Law: Refers to each respective Partner's legal authority to engage in the specific programs or activities that the Partner will provide in connection with WIOA authorized programs, activities, or services. D. Basic Career Services: Refers to services and resources available to the general public without enrollment into the WIOA program or any Partner’s program. These services are overseen by the AJCC One- Stop Operator. These services include but are not limited to the following services, and are provided either by the WDB or by the Partners, as appropriate, applicable and allowable: 1. Determination of eligibility to receive WIOA-enrolled services. Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 3 of 17 2. Outreach, intake, and orientation to the services available through the One-Stop System. 3. Initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs. 4. Labor exchange services, including the following: a. Job search, placement assistance, and career counseling, including information on in- demand industry sectors and occupations as well as nontraditional employment. b. Recruitment and other business services on behalf of employers in the local area, such as information and referral to specialized business services not traditionally offered through the local One-Stop System. 5. Referrals to, and coordination of activities with, other programs and services, including programs and services within the local One-Stop System and other workforce development programs. 6. Workforce and labor market employment statistics information, including information relating to local, regional, state, and national labor market areas, including the following: a. Job vacancy listings and the job skills necessary to obtain them. b. Information on local in-demand occupations and the earnings, skill requirements, and opportunities for advancement that accompany them. 7. Information on performance and program cost of eligible providers of training services, youth workforce development activities, adult education, career and technical education activities at the postsecondary level, career and technical education activities available to school dropouts, and vocational rehabilitation services. 8. Information regarding how the local area is performing on the local performance accountability measures and any additional performance information with respect to the local One-Stop System. 9. Information on, and referral to, supportive services or assistance, including the following: a. Child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act. b. Benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008. c. Assistance through the earned income tax credit under section 32 of the Internal Revenue Code of 1986. d. Assistance under a state program for temporary assistance for needy families funded under part A of Title IV of the Social Security Act. e. Other supportive services and transportation available in the local area. 10. Information and assistance regarding filing claims for unemployment compensation. 11. Assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under WIOA. E. Business Services: The terms “Business Services” means services and resources available to employers in the local area and are provided by Partners and sub-contracted providers of services, with Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 4 of 17 oversight by WDB staff, where applicable, appropriate and allowable. These services include, but are not limited to: 1. Labor exchange activities and labor market information; 2. Customized screening and referral of qualified participants in training services to employers; 3. Customized services to employers, employer associations, or other such organizations, on employment-related issues; 4. Customized recruitment events and related services for employers including targeted job fairs; 5. Human Resource consultation services, including but not limited to assistance with: a. Writing/reviewing job descriptions and employee handbooks; b. Developing performance evaluation and personnel policies; c. Creating orientation sessions for new workers; d. Honing job interview techniques for efficiency and compliance; e. Analyzing employee turnover; or f. Explaining labor laws to help employers comply with wage/hour and safety/health regulations; 6. Customized labor market information for specific employers, sectors, industries or clusters; 7. Rapid Response and lay-off aversion; and 8. Other similar customized services. F. Individualized Career Services: The term “Individualized Career Services” means services available to persons who meet the eligibility requirements as defined in the WIOA and subsequent regulations. These services are provided by the WDB’s subcontracted service providers and Partners, where applicable, appropriate and allowable. These services are subject to priority of service and include, but are not limited to: 1. Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include the following: a. Diagnostic testing and use of other assessment tools. b. In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. 2. Development of an individual employment plan to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services and career pathways to attain career objectives. 3. Group counseling. 4. Individual counseling. 5. Career planning. Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 5 of 17 6. Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training. 7. Internships and work experiences linked to careers. 8. Workforce preparation activities. 9. Financial literacy services. 10. Out-of-area job search assistance and relocation assistance. 11. English language acquisition and integrated education and training programs. G. AJCC Partner Services: The term “AJCC Partner Services” means those services described in Section IX, Description of Services To Be Provided By Partner, of this MOU carried out under the Partner's Authorizing Law. H. Participant/Customer: The term “Participant/Customer” is defined as a person or persons receiving integrated local One-Stop System employment, training, educational services, and/or business services for employers from any AJCC partner. I. Training Services: The term “Training Services” means services available to persons who meet the eligibility requirements as defined in the WIOA, subsequent regulations, and locally-defined prerequisites. These services are provided by the WDB’s subcontracted service providers and Partners, where applicable, appropriate and allowable. These services are subject to priority of service and include, but are not limited to: 1. Occupational skills training, including training for nontraditional employment. 2. On-the-job training. 3. Incumbent worker training. 4. Programs that combine workplace training with related instruction, which may include cooperative education programs. 5. Training programs operated by the private sector. 6. Skill upgrading and retraining. 7. Pre-apprenticeship and apprenticeship training 8. Entrepreneurial training. 9. Transitional jobs (Work Experience). 10. Job readiness training provided in combination with another training service. 11. Adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with another training service. 12.Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 6 of 17 13.Other similar training services V. AJCC ONE-STOP PARTNER PARTICIPATION Partner agrees to participate in a joint planning process which results in the development of the local and regional Strategic Plan submitted to the State in accordance with issued WIOA guidelines (the "Strategic Plan"). Partners agree to engage in planning, plan development, and activities, to result in: A. Continuous partnership building between all parties to this MOU; B. Continuous partnership building and planning responsive to State requirements; C. Continuous partnership between State and local representatives engaged in WIOA activities and related workforce preparation and development; D. Responsive to specific local and economic conditions, including employer needs; E. Adherence to strategic planning principles adopted by the WIOA for long range planning, including the requirement for continuous improvement; F. Adherence to common data collection and reporting, including needs for modification or change; G. Diligence in developing coordinated local leadership in workforce development through: H. Responsiveness to participant/customer needs; I. Maintenance of system infrastructure; J. Shared technology and information; K. Performance management to measure the success of the local One-Stop System overall and to enhance performance in a spirit of quality management and continuous improvement. L. Identification of each Partner’s appropriate contribution to meeting the performance standards negotiated between the State of California and WDB. VI. THE CUSTOMERS TO BE SERVED The AJCC One-Stop Center will serve: A. Those Fresno County residents, who are seeking employment, need guidance on how to make career choices, and are building basic educational or occupational skills. 1. Priority of Service will be given to those who are (in order of priority): a. Veterans and eligible spouses who are also recipients of public assistance, other low income individuals, or individuals who are basic skills deficient; b. Individuals who are recipients of public assistance, other low income individuals, Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 7 of 17 individuals who are basic skills deficient, or individuals with other barriers to employment. c. Veterans and eligible spouses who are not included in WIOA’s priority groups. d. Other individuals not included in WIOA’s priority groups. B. Those businesses who are seeking a skilled and stable workforce; need guidance in various business operations or in need of assistance in case of reductions in force. C. All AJCC One-Stop Center Services and Partner services will be available to all eligible residents no matter their English language proficiency or physical abilities. VII. AMERICAN’S WITH DISABILITIES ACT COMPLIANCE Partner agrees to ensure that the policies and procedures, as well as the programs and services provided at the AJCC and Partner’s facilities, are in compliance with the Americans with Disabilities Act and its amendments. Additionally, partners agree to fully comply with the provisions of WIOA, Title VII of the civil Rights act of 1964, the Age Decimation Act of 1975, Title IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing the aforementioned laws. VIII. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. Partner agrees that no person shall, because of ethnic group identification, age, sex, gender identification, sexual orientation, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, or political belief be excluded from participation, be denied benefits of, or be subject to discrimination under any program or activity receiving state or federal assistance. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment. B. Partner assures compliance with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. IX. DESCRIPTION OF SERVICES TO BE PROVIDED BY THE PARTNER Partner agrees that they will provide access to all the services described below at the designated AJCC One-Stop and any other satellite location deemed appropriate by the Partner. Partner will participate in the creation of the local One-Stop System which provides universal access and enables customers to become self-sufficient. Partner will ensure that services are provided either by (i) assigning staff to the local AJCC One-Stop(s); (ii) using a mutually developed referral process; (iii) training the One-Stop Operator and other Partner staff to deliver information about the services available to eligible individuals; and/or (iv) using technology to provide services to participants/customers, except as noted below. Partner will ensure that the needs of workers and youth, and individuals with barriers to employment, including but not limited to individuals with disabilities and limited English proficient individuals, are provided necessary and appropriate access to services, including Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 8 of 17 access to technology and materials, available through the local One-Stop System. Any Partner funded by Wagner-Peyser is required to be co-located in the Comprehensive America's Job Center One-Stop Center (as defined and identified in Section XI(A) below). Partner agrees that it will provide One-Stop Partner Core Services to participants/customers and support local One-Stop System activities: A. Workforce Services Branch will provide 1. Basic Career Services to include initial assessment of skill levels; provision of referrals to and coordination of activities; provision of workforce and labor market employment statistics information; provision of information relating to the availability of supportive services or assistance on-site using staff who are properly trained in Unemployment Insurance (UI) claims, filing, and/or the acceptance of information necessary to file a claim. 2. Individualized Career Services to include short-term pre-vocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills and professional conduct to prepare individuals for unsubsidized employment or training, in some instances pre-apprenticeship programs may be considered as short-term pre-vocational services. 3. Support the following programs and/or services: a. California Training Benefits (CTB), b. CalJOBS, c. Employer Services, d. Fidelity Bonding, e. H-2A Temporary Agriculture Program, f. Jobs for Veterans Services Grant, g. Migrant Seasonal Farmworker Services, h. Personal Job Search Assistance Workshops, i. Rapid Response, j. Trade Adjustment Assistance, k. Work Opportunity Tax Credits, l. Worker Adjustment Retraining Notification (WARN) Act, m. Workshops, n. Youth Employment Opportunity Program/Youth Services. B. Labor Market Information Division will provide: 1. Basic Career Services to include Labor Market Information (LMI) for regional economies, local areas, and California and a self-service website accessible to all customers with LMI products and data. 2. Individualized Career Services to include Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 9 of 17 a. Occupational Guides/Profiles, b. Wage data, c. Skills information and skills transference, d. In-demand occupations, e. Education and licensing requirements, f. Crosswalk occupations and education program offerings, g. Eligible Training Provider List (ETPL) of certified training organizations, h. Commute pattern data. C. Unemployment Insurance Branch will provide 1. Unemployment Insurance (UI) claim information upon request, following the Data Consent Authorization Form (DCAF) process, 2. Worker Profiling and Reemployment Services, 3. A direct line to UI services as outlined by the UI Direct Policy, 4. AJCC staff with training and support in areas of UI as required, 5. Guidance to individuals filing unemployment insurance claims via UI Online, 6. Assistance to AJCC staff and customers related to California Training Benefits (CTB), 7. Collaborate with Partners and AJCC staff on the Trade Adjustment Assistance (TAA) as it relates specifically to Trade Readjustment Allowance (TRA), 8. Support to the Rapid Response Team as a team member and participate in Rapid Response Roundtable meetings, 9. Provide lay off aversion information to Employers. X. WDB RESPONSIBILITIES As authorized under the WIOA, and pursuant to the Joint Powers Agreement, the WDB will establish policies necessary for implementation of the WIOA in the local area and shall: A. Develop and submit a local plan to the Governor; B. Collaborate with other Workforce Development Boards to develop a Regional Plan; C. Identify eligible AJCC One-Stop Operators by awarding grants or contracts on a competitive basis; D. Conduct programmatic and fiscal reviews of the WIOA services provided by sub- contracted program providers of services, training services providers and report to the WDB the results of those reviews; E. Identify eligible providers of youth activities in the local area by awarding grants or contracts on a competitive basis based on the recommendations of the WDB Youth Council; Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 10 of 17 F. Identify eligible providers of training services in the local area by awarding grants or contracts on a competitive basis; G. Identify eligible providers of Individualized Career Services in the local area by awarding grants or contracts on a competitive basis; H. Provide adequate facilities for the Partners as needed and as funding allows; I. Develop a local One-Stop System budget for the purpose of carrying out the duties of the WDB; J. Solicit and accept grants and donations from sources other than federal funds made available under WIOA; K. Conduct regular program and physical plant assessments for compliance to federal, state and local Equal Opportunity and Americans with Disabilities Act regulations as required by law; L. Negotiate local performance measures; M. Coordinate the workforce development activities carried out in the local area with economic development strategies and develop other employer linkages with such activities; N. Promote participation by private sector employers in the statewide workforce development system and help such employers meet their hiring needs using the system by providing connecting, brokering, and coaching activities to the employers; O. Make available to the public, on a regular basis through open meetings and/or through publications online, information regarding the activities of the WDB, including information regarding the Strategic Plan prior to submission of the Strategic Plan, membership, the designation and certification of AJCC One-Stop Operator(s), the award of grants or contracts to eligible providers of youth activities, and, on request, minutes of formal meetings of the WDB; P. Negotiate and enter into an MOU with each AJCC One-Stop Partner that meets the requirements of the WIOA and sets forth their respective responsibilities for making a full range of services available through the local One-Stop System; and shall modify this MOU to add additional Partners as needed for the benefit of the community and system. XI. LOCATION OF AMERICA’S JOB CENTER ONE-STOP SITES A. The WDB will establish a minimum of one physical location called the "Comprehensive AJCC" within the workforce development area in which all AJCC One-Stop Partners will provide access to the services provided under the WIOA. The parties agree that the Comprehensive AJCC shall be located at the Manchester Shopping Center, 3302 N. Blackstone Avenue, Fresno, California 93726. This location may be changed by the WDB during the term of this MOU upon thirty (30) days advance notice of such change to the Partners. Each Partner agrees that it will provide access to the services described in this MOU at such location and any other satellite location deemed appropriate by each Partner, Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 11 of 17 with concurrence of the WDB. B. If the WDB establishes additional AJCC One-Stop Centers within its local workforce development area, each Partner will determine the extent and manner in which it will participate in such additional centers. However, access to each Partner’s services will be made available at all locations, either with on-site staff, via technology, or referral to the nearest office of the Partner. 1. Affiliate AJCC One-Stop Centers are listed on Attachment 2, Fresno Regional Workforce Development Board and Partner Workforce Services Centers. 2. The Partner will also be located at the affiliated AJCC site at 655 Quince Street, Mendota, California, 93640 C. The Partner commits to providing information and access to all AJCC Partner services, as described in this MOU, at each of its service locations. XII. METHODS OF REFERRAL A. The WDB, through its designated AJCC One-Stop Operator(s), and the Partners agree to utilize the approved referral processes and forms for common intake and referral among the AJCC One-Stop Partners and providers of services. The WDB and Partners developed a universal referral system and form that is used for all cross-agency referrals, copies of which are attached hereto, and incorporated herein, as Attachment 3 B. The WDB and Partner agree to train and provide technical assistance to the appropriate staff of each of the other participating AJCC One-Stop Partners and sub-contracted providers of services on topics that include but are not limited to eligibility for and scope of allowable services for the Partner’s programs. C. Partner agrees to suggest appropriate referrals for its applicants and clients, the availability of additional services from other AJCC partners if they determine the client could benefit from those referral(s). D. A listing of Partner Services Partner Sites and Locations can be found in Attachments 1 and 2, respectfully, for referral purposes. XIII. CONFIDENTIALITY Partner shall be in strict conformance with all applicable federal, State of California and/or local laws and regulations relating to confidentiality, including Welfare and Institutions Code, section 10850 and ensure that all applications and records concerning participants/customers shall be kept confidential and shall not be opened to examination, publicized, disclosed, or used for any purpose not directly connected with the administration of the local One-Stop System. The Partner shall inform all of its employees, agents, officers, subcontractors, Board members, or partners of this provision and that any person knowingly and intentionally violating this provision is guilty of a misdemeanor. A. All participant/customer applications and records related to services provided under this MOU, including eligibility for services, enrollment, and referral shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 12 of 17 of such services. Signed information releases will be obtained where appropriate. B. Partner agrees to share information either agreed upon by them or as interpreted by the Chief Local Elected Official or designee to be necessary for the administration of the local One-Stop System. Partner shall obtain signed releases allowing for the sharing of participant/customer information necessary for provision of services under the WIOA; i.e. assessment; universal intake; program or training referral; job development or placement activities; and other services as needed for employment or program support purposes. C. At any time an America’s Job Center One-Stop Partner requests confidential information regarding another Partner's participant/customer, the request shall be accompanied by a written Release of Confidential Information signed by the participant/customer. XIV. GRIEVANCES AND COMPLAINTS Partner agrees to establish and maintain a procedure for grievance and complaints as outlined in WIOA. The process for handling grievances and complaints is applicable to customers and partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative remedy in receiving a fair and complete hearing and resolution of their grievance. The partner further agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. XV. COST ALLOCATION A. Partner agrees to financially participate in the operating costs related to the common costs of the One-Stop System attributable to the Partner’s program(s). B. Partner commits to work collaboratively with the WDB and other AJCC One-Stop Partners to participate in the implementation of the Infrastructure Funding Agreement (IFA) process. C.The IFA is incorporated into this MOU as Exhibit A. XVI. TERM AND RENEWAL OF MOU AND IFA A. The term of this MOU is from July 1, 2019, to June 30, 2022, unless it is terminated earlier as provided in Section XVIII, below. B. The term of the IFA is from July 1, 2019, to June 30, 2020, and will be updated annually. 1. Each update will be incorporated into this MOU, replacing the previous year’s IFA. C.This MOU is of no force or effect until signed by authorized representatives of the participating America’s Job Center One-Stop Partner and the WDB. Once signed thereby, this MOU is effective commencing upon July 1, 2019, and shall supersede in its entirety any MOU entered into previously by and between the participating AJCC One-Stop Partner and the WDB. D.The MOU, once signed, becomes a part of the local Strategic Plan. Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 13 of 17 XVII. REVISIONS AND MODIFICATIONS This MOU may be revised or modified with the approval of both the WDB and of the Partner. XVIII. TERMINATION Partner may terminate its participation in this MOU upon thirty (30) days written notice to the WDB; or The WDB may terminate this MOU upon thirty (30) days written notice of such termination to partner. XIX. NOTICE Any notice required or permitted to be given by any party to this MOU shall be deemed given upon personal delivery to the other parties or two (2) days after being deposited in the United States mail, postage prepaid, first class mail addressed to the other parties at the following addresses or to such other address as the parties may provide by written notice given in accordance herewith: Fresno Regional Workforce Development Board Attn: Blake Konczal, Executive Director 2125 Kern Street, Suite 208 Fresno, CA 93721 Partner's address as identified on the signature page below. XX. ADMINISTRATIVE AND OPERATIONAL MANAGEMENT It is understood that the Partner and its staff are subject to their existing personnel policies, procedures, regulations and statutes as well as applicable collective bargaining agreements. The WDB will assure to the extent possible that the One-Stop Operator will work with all Partners in developing and implementing policies and procedures for the One-Stop System, in order to avoid inconsistencies with their respective policies, procedures, regulations and collective bargaining agreements. XXI. SHARED INFORMATION AND SYSTEM SECURITY WIOA emphasizes technology as a critical tool for making all aspects of information exchange possible, including client tracking, common case management, reporting, and data collection. To support the use of these tools, each AJCC Partner agrees to the following: A. Comply with the applicable provisions of WIOA, Welfare and Institutions Code, California Education Code, Rehabilitation Act, and any other applicable statutes or requirements. B. Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements. C. System security provisions shall be agreed upon by all partners. XXII. PUBLIC COMMUNICATIONS AND BRANDING RELATED TO WIOA SERVICES A. All communications must be approved by the WDB Marketing Manager or Executive Director prior to the communication. Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 14 of 17 B. Partner agrees to utilize the AJCC logo developed by the State of California and the Local Board on buildings identified for AJCC usage. XXIII. DISPUTE RESOLUTION The parties agree to try to resolve policy and practice disputes at the lowest level, starting with the site supervisor(s) and staff. If issues cannot be resolved at this level, they shall be referred to the management staff or the respective staff employer and the WDB, for discussion and resolution. XXIV. INDEMNIFICATION Except as otherwise expressly provided in this MOU and to the fullest extent of the law, each party shall indemnify and hold harmless (the "Indemnifying Party") the other parties, including the One-Stop Operator and the WDB, and their respective partners, directors, officers, agents, customers and employees (the "Indemnified Parties") from and against any and all losses, costs, expenses (including reasonable attorneys', experts' and consultants' fees and court costs at all levels of proceedings), damages and/or liabilities which any of the Indemnified Parties may sustain or incur in connection with or arising out of the performance of this MOU or any breach by the Indemnifying Party of its obligations under this MOU, except to the extent the foregoing is caused by the gross negligence or willful misconduct of the Indemnified Parties. The terms of this Section XXIV shall survive the termination of this MOU. // // // // // // // // // // // // // // // // // // // // // // // // // // Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 15 of 17 Signatures: In WITNESS THEREOF, the parties to this Memorandum of Understanding execute this agreement. Dated:2019 BY :Paul Bauer, FRWDB Board Chairperson Fresno Regional Workforce Development Board 2125 Kern Street, Suite 208 Fresno, CA 93721 Dated:2019 BY Shelley Tarver, Deputy Division Chief State of California Employment Development Department, Workforce Services Branch 800 Capitol Mall PO Box 826880 Sacramento, CA 94280-0001 Dated:2019 BY David Rangel, Employer Development Administrator State of California Employment Development Department, Unemployment Insurance Branch PO Box 826880- MIC 40 Sacramento, CA 94280-0001 Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 16 of 17 APPROVED BY THE COUNTY OF FRESNO AS TO ITS CAPACITY AS CHIEF LOCAL ELECTED OFFICIAL (CLEO): JEAN M. ROUSSEAU, COUNTY ADMINISTRATIVE OFFICER By: __________________________________ Date: ________________________________ BERNICE E. SEIDEL, CLERK Board of Supervisors By: __________________________________ APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL By: ___________________________________ Date: _________________________________ Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California. CITY OF FRESNO, A California municipal corporation Dated: _________________________ By: ________________________________ Wilma Quan-Schecter City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: _______________________________ Brandon M. Collet Date Senior Deputy City Attorney ATTEST: YVONNE SPENCE, MMC CRM By: _______________________________ Date Attachment 1 1 One Stop Partners and Services Provided Partner Services Provided Department of Social Services Will be co-located at Manchester and Reedley AJCCs. Assistance with reception duties; assistance with Job Fairs and employer services events; participate in scholarship panels; liaison between AJCC partners, DSS staff and participants; Welfare-to Work case management; participate on Self Reliance Team; participate on WIOA Training Scholarship panels, CalWORKs Intake and CalFresh/Medi-Cal services (Reedley only) Department of Rehabilitation Disability Awareness training to frontline AJCC staff; Co-location of DOR staff at Manchester AJCC; Training to AJCC staff and core partners on Competitive Integrated Employment. California Indian Manpower Consortium Provide access to WIOA career services for Native Americans in Fresno County, as funding and eligibility allows, utilizing agreed to referral process with other WIOA partners. Employment Development Department Workforce Services: Will be co-located at Manchester, Fresno West, Reedley AJCCs. California Training Benefits; CalJOBS; Employer Services; Fidelity Bonding services; H-2A Temporary Agriculture Program; Jobs for Veterans services; Migrant Seasonal Farmworker services; personal job search assistance workshops; assist with Rapid Response events; Trade Adjustment Assistance; Work Opportunity Tax Credits; assistance with Worker Adjustment Retraining Notification Act; Youth Employment Opportunity Program/Youth Services. Labor Market Information Division: Labor Market Information in support of Basic Career Services; occupational guides/profiles; wage data; skills information and transference; education and licensing requirements; in- demand occupations listings; crosswalks for occupation and education program offerings; state-wide Eligible Training Provider List; commute pattern data. Unemployment Insurance Branch: UI claim information upon request (per process); worker profiling and re- employment services, Guidance to individuals filing UI claims via UI Online; Assistance to AJCC staff and customers for California Training Benefits; Collaborate with partners and AJCC staff on TAA process and requirements; participate in local Rapid Response events and roundtable meetings; provide lay-off aversion information to employers. Fresno Economic Opportunities Commission Support AJCC staff with referrals to any Community Services Block Grant services and any other service available through EOC, depending on eligibility requirements; depending on need and space availability, the following programs could co-locate in the AJCC: Women, Infants and Children (WIC) and Low-Income Home Energy Assistance (LIHEAP). Will provide CSBB services information via technology in the AJCC and Orientation. State Center Adult Education Consortium In the State Center Community College District area (urban Fresno County, east side rural area), provide GED or High School Equivalency preparation classes either by agreed to schedule or referral from the AJCC; Provide ESL classes either by agreed to schedule or referral from the AJCC; Provide Basic Computer Literacy classes either by agreed to schedule or referral from the AJCC; provide counseling services and assistance to WIOA enrolled participants who have expressed interest in attending State Center Community College District training programs that are approved and listed on the state Eligible Training Provider List. All of these services will be provided by the adult schools and community college campuses who make up this consortium. Proteus, Inc. - Migrant Seasonal Farm Worker Will provide outreach and recruitment for the Migrant Seasonal Farm Worker Program; conduct eligibility determination; case management; career counseling; orientation; skills assessment; co-enrollment with other appropriate agencies; provide Youth Farmworker Services; job placement services. Attachment 1 2 State Center Community College District Provide Career Planning, short-term pre-vocational services including development of learning skills, communication skills, interviewing skills , punctuality, personal maintenance skills and professional conduct, to prepare individuals for unsubsidized employment or training. West Hills Adult Education Consortium In the West Hills Community College District area (urban Fresno County, west side rural area), Provide GED or High School Equivalency preparation classes either by agreed to schedule or referral from the AJCC; Provide ESL classes either by agreed to schedule or referral from the AJCC; Provide Basic Computer Literacy classes either by agreed to schedule or referral from the AJCC These services will be provided by the adult schools located in Fresno County who are members of this consortium. SER Jobs for Progress, Inc.Will provide outreach, intake and Orientation services; provide information and referrals to supportive services available to eligible persons; provide group presentations; provide Older Americans workshops, as needed or requested; provide group counseling services; Short-term pre-vocational services; specialized assessments; health screening; organize monthly support group meetings for Older Americans; provide staffing support to the Manchester AJCC resource room and clerical support to co-located partner staff. Senior Services of America, Inc. Provide: outreach, intake (that may include Worker Profiling, Readjustment Service Referrals and orientation to the One-Stop Center); performance information on eligible training providers; Information about and referral to the array of supportive services provided by SSAI and other community partners; enroll eligible seniors who are 55+, low income and have barriers to employment as defined in the Older Americans Act (OAA); provide part time, temporary on the job training through community service assignments at local nonprofits and government agencies to enrolled participants; provide group presentations in One-Stops as necessary; comprehensive and specialized assessment and individual employment plan for enrolled participants; short-term pre-vocational services; to the extent practical and available, leveraging funding streams such as TANF, WIOA, HUD, Veteran's Outreach and Migrant Workers; may assign program participants to provide staffing support to the Resource Room and clerical support to co-located partners at the comprehensive AJCC. Job Corps Eligibility determination for Job Corps services; initial assessments for Job Corp services; individual and group counseling/mentoring; short term pre-vocational services; internships/work experiences linked to careers; soft skills development; financial literacy workshops; occupational job training related to Job Corp; job readiness workshops/training; GED/HS diploma assistance; information about Job Corp provided in literature and electronically; participate in Self Reliance Team panels. Attachment 3 Fresno Regional Workforce Development Board Page 1 of 2 Form# QUA-197, revised 051916 Fresno Regional Workforce Development Board A proud member of America’s Job Center of CaliforniaSM Network 2125 Kern Street, Suite 208 •Fresno, California 93721 •559.490.7100 •Fax 559.490.7199 • www.workforce-connection.com Blake Konczal, Executive Director OPERATIONAL DIRECTIVE FRWIB OD #06-16 Date Released:July 1, 2016 To: All Fresno Regional Workforce Development Board AJCC Partners and Service Providers From: Blake Konczal,Executive Director Effective Date:July 1, 2016 Subject:America’s Job Centers of California (AJCC) Partner Referral Process Applicable Program:All Revision History: Initial Release This Operational Directive (OD) replaces the referral process described in OD 35-05, Partner Co-Enrollment and Referral Process. This OD obsoletes Form REG-102, Universal Referral Checklist and adds updated referral forms. Partners may be required to use their own Release of Information form, instead of the Universal Release of Information (Form REG-100) when making referrals to other Partners. Those Partners are required to identify the approved form to be used when referring clients from their organization. Purpose As mandated by the Workforce Innovation and Opportunity Act (WIOA), each Local Workforce Development Area (LWDA) is required to have a documented process for referrals between partner agencies, as defined by WIOA (mandated partners) and the local Board as AJCC partners (local one-stop partners). The intent of a referral activity is to ensure that needed services for a client are provided through the most appropriate funding stream in the most efficient manner and are not duplicative. The client should have an experience that is as seamless as possible. This OD describes, on page 2, the steps to be taken to facilitate a referral between any Partner agency, including any of Fresno County’s WIOA-funded programs, and to track the outcome of those referrals. Each partner is required to identify all departments that provide the services described in their individual Partner Memorandum of Understanding (MOU) with the Fresno Regional Workforce Development Board. Additionally, each partner and sub-contracted provider of service is required to identify a single point of contact (SPOC) for all referrals to their agency and their full contact information (telephone number and email address). The FRWDB Quality Systems Manager will be responsible for maintaining and disseminating this information. PROCESS Level I – Referrals to other partners or community services for perceived or stated needs of clients. Use Form REG-108. There will be no follow-up for Level I Referrals. Referrals will be counted and reported, when appropriate. Level II – Direct referral between partners for specific services. Use Form # REG-109. Referring partner will fill out the form, contact the referred to agency single point of contact (SPOC) and make appointment for client if Attachment 3 Fresno Regional Workforce Development Board Page 2 of 2 Form# QUA-197, revised 051916 appropriate. Referral to be scanned to referred agency and copy given to client. Review the referral with the client. Referring Partner will file the original referral form. If any questions, please contact the FRWDB Program Manager. Forms:REG-100 – Universal Release of Information (Partners may require the use of their own Release of Information form in order to release client specific information). REG-101 – Agency Summary of Services Checklist REG-104 – Interest Checklist REG-108 – AJCC Partner Referral – Level I REG-109 – AJCC Partner Referral – Level II Referral To Partner - Level I Client needs services not provided by agency Agency identifies services needed and agency that could provide those services Referring agency staff fills out form including location and contact information Start End Referral To Partner - Level II (SRT or enrolled) - Start - 2 business days after referral appointment date Referred to agency SPOC contacts client to find out if still interested in receiving services - See Note 1 Did the client show up? Interested? Determine cause for missing 1st appointment and schedule new appointment Record result & report at next AJCC Site Ops Meeting End Yes No Yes No Note 1: If this is the 2nd missed appointment, notify referring agency’s SPOC Exhibit A 1 Workforce Innovation and Opportunity Act AJCC Partner INFRASTRUCTURE FUNDING AGREEMENT Program Year 2019 This Infrastructure Funding Agreement (IFA) is entered into between the Fresno Regional Workforce Development Board (FRWDB) and State of California Employment Development Department, an America’s Job Center of California (AJCC) Partner in the Fresno County Local Workforce Development Area, effective as of the first day of the term hereof. RECITALS WHEREAS the Workforce Innovation and Opportunity Act (WIOA) provides that the FRWDB shall establish and operate a One-Stop System, also known as AJCC, to serve customers in Fresno County with the collaboration of the Partner; and WHEREAS, the FRWDB has established Workforce Connection, located at 3302 Blackstone Avenue, Fresno, CA 93726, as the comprehensive AJCC; and WHEREAS, the Partner is to share the cost and burden of the AJCC to the fullest extent allowable taking into account restrictions imposed by sources of funding relied upon by the Partner, which, if possible, shall contribute services or space, if prohibited from paying cash, to contribute its share of the in-kind expenses of the AJCC benefiting; and WHEREAS, FRWDB has contracted with the Fresno Area Workforce Investment Corporation (FAWIC) to provide administrative services, including, without limitation, administering this Agreement on behalf of the FRWDB; and WHEREAS, the FRWDB and Partner desire to enter into this Agreement in order to establish the methodology, terms and conditions under which they will provide resources or funds in sharing the costs of the AJCC. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto hereby agree as follows: I.Term.The term of this Agreement shall commence on July 1, 2019, and terminate on June 30, 2020, unless otherwise terminated as hereinafter provided. II.AJCC Partners.The following entities are partners in the operation of the AJCC. a. Co-Located Partners (subject to comprehensive AJCC infrastructure cost sharing): i. Employment Development Department ii. Fresno County Department of Social Services iii. Department of Rehabilitation b. Co-located Partners (Federally exempt from AJCC infrastructure cost sharing) i. Job Corps Exhibit A 2 c. Non Co-Located Partners (subject to other comprehensive AJCC services cost sharing and reporting): i. Fresno Economic Opportunities Commission ii. Proteus, Inc. (MSFW program) iii. West Hills Adult Education Consortium iv. California Indian Manpower Consortium v. State Center Adult Education Consortium vi. Senior Service America, Inc. vii. SER of California viii. State Center Community College District III.Cost Allocation Methodology.The FRWDB and Partner agree that the AJCC Budget and Allocation Plan set forth in Attachments A and B, respectfully, bears an equitable relationship to the benefits received by each at the comprehensive AJCC. The Methodology will: a. Be consistent with federal laws authorizing each partner’s program. b. Comply with federal cost principles in the Uniform Guidance. c. Include only costs that are allowable, reasonable, necessary, and allocable to each program partner. Those partners who are co-located in the comprehensive AJCC, identified in Section II c, are mandated to share in the infrastructure costs of the comprehensive AJCC, to the extent allowed under their authorizing law. Those partners co-located in the comprehensive AJCC, as identified in Section II d, are exempt from infrastructure cost sharing by the federal government. These partners are subject to other comprehensive AJCC services cost sharing and reporting. Those partners not co-located in the comprehensive AJCC, as identified in Section II e, are not subject to sharing in the infrastructure costs until such time the State defines and communicates the process and methodology for assessing the benefit and or value to the non co-located partner. The infrastructure costs shall be allocated as follows: a. Direct Charge: Costs that are incurred solely for the benefit of Partner shall be allocated to Partner. b. Square Footage Percentage at an AJCC Site: Partner shall be allocated the cost of providing and maintaining facilities at the site based upon the percentage of the number of square feet at the site Partner commits to use relative to the total space of the site. c. Communication Costs: Partner shall be allocated the communication costs at the site based upon the percentage of the number of square feet at the site Partner commits to use relative to the total space of the site. IV.Partner-provided Career Services For all partners (co-located and non co-located), other costs associated with providing Career Services to the AJCC system are described in Exhibit A 3 Attachment C. Reporting of these services are further described in Section VI, Partner Resources. V.Other System Costs -Shared Costs.FAWIC will pay to the appropriate vendors the shared non-infrastructure costs for the comprehensive AJCC. These payments will be considered the WIOA resources for payment of allocable costs to WIOA. VI.Partner Resources.Partner agrees to provide the following resources in support of the AJCC system: a. For infrastructure costs, co-located partners will provide cash payment for the amount allocated to them as shown in Attachment B. i. If a cash payment is required from the partner, FAWIC will invoice the partner monthly. The partner shall submit their payment to the Fresno Area Workforce Investment Corporation, 2125 Kern Street, Suite 208, Fresno, CA 93721. All cash payments must be received by FAWIC no later than 45 calendar days after receipt of the invoice unless an alternative arrangement is agreed to in writing by FAWIC and the partner. A partner’s failure to pay within a timely manner will be reported to the FRWDB Adult Council and may be subsequently submitted for dispute resolution as provided for in Section VII. b.All partners (co-located and non-co-located) will provide estimated annual budgets that reflects their agency expenditures/contributions to provide Career Services to Fresno County residents. The Consolidated Career Services Budget is further described in Attachment C. i. Partner agrees to submit semi-annually actual versus budget reports for Career Services Expenditures. ii. Reviews of the consolidated report will be in accordance with Section VII. VII.Periodic Review of Costs, Allocations and Contributions.The FAWIC will provide quarterly reports to the partners showing the actual costs, allocations and contributions versus budget and/or plan. After the close of the second calendar quarter, FAWIC will convene an AJCC Partner Review meeting to determine if adjustments to budget and or allocations need to be made based on actual expenditures. If a modification is deemed appropriate, then this IFA amendment will be modified as agreed to by all partners. VIII.Dispute Resolution.Any dispute among or between the parties hereto shall be addressed by the FRWDB in accordance with WIOA and the appropriate Final Rules promulgated with respect thereto, as amended and applicable. Following a decision by FRWDB, the parties involved may appeal to the State of California following the applicable procedures. Pending final resolution of a dispute hereunder, the parties involved shall proceed diligently to perform their respective obligations under the Agreement in accordance with the FRWDB decision, unless the parties have given a notice of termination as provided for in Section XI. XI.Termination.Use of funds identified in this IFA as being available to pay the costs, charges, and fees set forth herein are contingent upon receipt of those funds by Partner. Partner may withdraw from this Agreement in the event that funding is either eliminated or reduced such that Partner can no longer pay the costs set forth above. Such withdrawal shall be effective with no less than a 30-day written notification to FAWIC that Partner lacks funding, or upon the vacating of the premises by Partner, if applicable, whichever is later. Exhibit A 4 The FRWDB and Partner executing this Infrastructure Funding Agreement agree to its terms and conditions: State of California Employment Development Department, Shelley Tarver, Deputy Division Chief Workforce Services Branch 800 Capitol Mall PO Box 826880 Sacramento, CA 94280-0001 ___________________________________ Signature Date Fresno Regional Workforce Development Board Paul Bauer, Chairperson ___________________________________ Signature Date ATTACHMENT A – MANCHESTER COMPREHENSIVE AJCC BUDGET – Twelve (12) Months Category Description Cost Communication Telephone - Local Service $9,500 Communication Communications - Data/Internet $21,500 Communication Telephone - Long Distance $500 Maintenance Janitorial Service $45,800 Maintenance Pest Control $1,740 Facility Security Guard Services $38,000 Facility Rent $440,400 Facility Utilities $85,000 TOTAL $642,440 Attachment B –AJCC One Stop Infrastructure Costs Allocation Methodology and Plan Allocation Methodology The infrastructure costs shall be allocated as follows: a. Direct Charge: Costs that are incurred solely for the benefit of Partner shall be allocated to Partner. b. Square Footage Percentage at an AJCC Site: Partner shall be allocated the cost of providing and maintaining facilities at the site based upon the percentage of the number of square feet at the site Partner commits to use relative to the total space of the site. c.Communication Costs: Partner shall be allocated the communication costs at the site based upon the percentage of the number of square feet at the site Partner commits to use relative to the total space of the site. Allocated Square Footage Summary Agency Total Direct Area Common and Customer Space Partner Total Partner % DOR 137 71 208 .63% DSS 1,449 750 2,199 6.71% EDD 7,747 4,009 11,756 35.88% WIOA 11,697 6,908 18,605 56.78% 21,030 11,738 32,768 100% DSS EDD DOR WIOA Total All Partners Manchester Proposed PY 19-20 Allocation Amount Amount Amount Amount Amount 6.71%35.88%0.63%56.78%100.00% Based on Square Footage 2,199 11,756 208 18,605 32,768 Communication 31,500 2,114 11,301 200 17,885 31,500 Maintenance 47,540 3,190 17,056 302 26,992 47,540 Security Guard 38,000 2,550 13,633 241 21,576 38,000 Rent 440,400 29,554 158,000 2,796 250,050 440,400 Utilities 85,000 5,704 30,495 540 48,261 85,000 Proposed Total $642,440 43,113 230,485 4,078 364,764 $642,440 Totals may be off $1 due to rounding. Attachment C - Applicable Career Services Consolidated Budget - Twelve (12) Months Amounts are Estimates and Services provided are checked. WP UI Vets TAA Basic Career Services $726,105 $2,059,746 $66,597 $246,447 $4,319 $2,948,202 $253,984 $70,342 $506,027 $623,935 $7,834 Program Eligibility √√√√√√√√√√ Outreach, Intake, Orient √√√√√√√√√√√ Initial Assess.√√√√√√√√√ Labor Exch/Job Search √√√√√√√√ Referrals to Partners √√√√√√√√√ Labor Market Information √√√√√√√ Perf/Cost Info √√ Supportive Services Info √√√√√√√√ UI Info/Assist.√√√ Fin Aid Info √√√√ WIOA DOR SER DSS Proteus MSFW CIMC EDD FEOC WHAECSCCCDSSAI SCAEC Job Corps Page 1 of 2 Attachment C - Applicable Career Services Consolidated Budget - Twelve (12) Months Amounts are Estimates and Services provided are checked. WP UI VETS TAA Individual Career Services $1,531,192 $363,485 $43,491 $762 $253,984 $55,095 $144,580 $265,858 Comp. Assess.√√√√√√ IEP √√√√√√√ Career Planning /Counseling √√√√√√ Short-Term Pre-voc. Assistance √√√ Out of Area Job Search √√√ Fin. Lit.√√√√ IET/ELA √ Workforce Prep √√√√√√√ WP UI Vets TAA Other Services $393,245 $358,620 $253,984 $39,044 $72,290 Training Assistance √√√ CalJOBS √ LMI Fixed Cost √ Barrier Assesment √ EDD WIOA FEOC WHAECDORCIMC CIMC FEOC SCCCD SSAI SER DSS Proteus MSFW WHAECWIOADORSCCCDSSAISER EDD DSS Proteus MSFW SCAEC SCAEC Job Corps Job Corps Page 2 of 2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1771 Agenda Date:6/13/2019 Agenda #:1-Y REPORT TO THE CITY COUNCIL June 13, 2019 FROM:BLAKE KONCZAL, Executive Director Fresno Regional Workforce Development Board PHYLLIS STOGBAUER, Deputy Director of Program Services Fresno Regional Workforce Development Board BY:WILMA QUAN, City Manager Office of the Mayor & City Manager SUBJECT Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board)for Local Board Certification for the period of July 1, 2019, to June 30, 2021. RECOMMENDATION Staff recommends Council approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2019, to June 30, 2021. EXECUTIVE SUMMARY The California Workforce Development Board (State Board)and the Employment Development Department (EDD),acting under the authority of the Governor,released a draft directive on February 26,2019,that established policies and procedures for the subsequent designation of local areas and recertification of local boards. To be eligible for subsequent designation and board recertification,the Local Board must meet the following criteria and submit the Local Area designation and Local Board Recertification application: 1)Meet the Workforce Investment Opportunity Act (WIOA)Local Board membership requirements,2) Meet or exceeded performance accountability measures,3)Achieved sustained fiscal integrity and 4) Engaged in Regional Planning.The Fresno Regional Workforce Development Board (FRWDB)has met all of the required criteria. The completed application has been attached for your consideration. The WIOA requires that the Local Board and the Chief Local Elected Official(s)(CEOs)for the Local Workforce Area approve and execute the application.The directive requires applications to be City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1771 Agenda Date:6/13/2019 Agenda #:1-Y Workforce Area approve and execute the application.The directive requires applications to be submitted to the state by May 31,2019.In the event the Local Area is unable to obtain local approval by the submission deadline,the FRWDB may submit an unsigned copy of the application with an explanation for the absent signature(s).The signed application must be submitted to the State Board by June 30, 2019. Upon your approval of this item,the application will be submitted to the State Board before the June 30, 2019, deadline. BACKGROUND WIOA Section 106 required Local Areas to apply for initial designation and required the Governor to approve requests for Local Areas that were designated as a Local Area under WIA,performed successfully,and had sustained fiscal integrity.After the period for which a Local Area was initially designated,WIOA Section 106 calls for a subsequent designation process and requires the Governor to approve a request for subsequent designation from a Local Area if the area performed successfully, sustained fiscal integrity, and engaged in the regional planning process ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this item does not include an award of a service or construction contract. FISCAL IMPACT There is no net City cost associated with the recommended action,as this is an application for a designation and has no monetary considerations. Attachment:Local Board Designation City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ ATTACHMENT 1 Existing Local Area Application for Subsequent Local Area Designation and Local Board Recertification Program Year 2019-21 Local Workforce Development Area Fresno Page 2 of 10 Existing Local Area Application for Subsequent Local Area Designation and Local Board Recertification This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for PY 2019-21 under the Workforce Innovation and Opportunity Act (WIOA). If the California Workforce Development Board (State Board) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted. Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this application. Fresno Regional Workforce Development Board________ Name of Local Area 2125 Kern Street, Suite 208________________________ Mailing Address Fresno, CA 93721 ___________ City, State ZIP __________________________________________ Date of Submission Phyllis Stogbauer_________________________________ Contact Person 559-490-7168 ___________________________________ Contact Person’s Phone Number Page 3 of 10 Local Board Membership The WIOA Section 107(b)(2)(A) through (E) states the requirements for nominating and selecting members in each membership category. The WIOA Section 107(b)(2)(A) requires that business members constitute a majority of the Local Board. The chairperson shall be a business representative, per WIOA Section 107(b)(3). The local Chief Elected Official (CEO) is required to provide the names of the individuals appointed for each category listed on the following pages o, attach a roster of the current Local Board which identifies each member’s respective membership category. BUSINESS – A majority of the members must be representatives of business in the Local Area who (i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policy-making or hiring authority; (ii) represent businesses, including small businesses, or organizations; and (iii) are appointed from among individuals nominated by local business organizations and business trade association (WIOA Section 107[b][2][A]). Please identify the Local Board chairperson by typing CHAIR after his/her name. Name Title Entity Appointment Date Term End Date Paul Bauer Attorney Sagaser, Watkins & Wieland, PC 8/09/2018 11/01/2019 Fely Guzman VP & CFO LifeBridge International 3/31/2016 11/01/2017 Jeffrey Hensley Owner Hensley Associates 11/06/2018 11/01/2020 Ron Hicks Owner Soltek Pacific Construction Company 11/14/2017 11/01/2019 Richard Keyes Retired Richard Heath & Associates 11/08/2019 11/01/2020 Scott Miller Owner/CEO Gazebo Gardens 9/27/2018 11/01/2019 Dennis Montalbano Owner German Auto Repair 4/03/2018 11/01/2019 Tommie Nellon Owner Kool Breeze Solar Hat 3/31/2016 11/01/2017 Joe Olivares Marketing Director TransAmerica 12/06/2016 11/01/2018 Michael Silveira HR Leader Kaiser Permanente 2/26/2019 11/01/2020 Vasili Sotiropulos Realtor Hyatt Real Estate 1/23/2018 11/01/2018 Lydia Zabrycki Director Pensionmark 10/25/2018 11/01/2020 Vacant Vacant Page 4 of 10 LABOR – Not less than 20 percent of the members must be representatives of workforce within the Local Area who must include (i) representatives of labor organizations who have been nominated by state labor federations; (ii) a member of a labor organization or a training director from a joint labor - management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area; and may include (iii) representatives of community based organizations with demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, veterans, or individuals with disabilities; and (iv) representatives of organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth and/or out-of-school youth (WIOA Section 107[b][2][B]). Name Title Entity Appointment Date Term End Date Lenora Lacy Barnes State Center Federation of Teachers 3/31/2016 11/01/2018 Tony Canales Senior Field Representative United Brotherhood of Carpenters, Local 701, 1109, & 9083 12/06/2018 11/01/2020 David Mercer District Representative Operating Engineers, Local 3 12/07/2017 11/01/2019 Chuck Riojas Business Agent IBEW Local 100 12/07/2017 11/01/2019 Elizabeth Rivinius District Union Representative United Food & Commercial Workers Local 8 4/23/2019 11/10/2020 Vacant Education – Each Local Board shall include representatives of entities administering education and training activities in the Local Area who must include (i) a representative of eligible providers administering Title II adult education and literacy activities; (ii) a representative of institutions of higher education providing workforce investment activities; and may include (iii) representatives of local educational agencies, and community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment (WIOA Section 107[b][2][C]). Page 5 of 10 Name Title Entity Appointment Date Term End Date Stuart VanHorn Chancellor West Hills Community College District 8/17/2017 11/01/2019 Raine Bumatay Principal Fresno Adult School, Cesar E. Chavez Adult Education Center 10/25/2018 11/01/2020 Economic and Community Development – Each Local Board shall include representatives of governmental, economic, and community development entities serving the Local Area who must include (i) a representative of economic and community development entities; (ii) a representative from the State employment service office under the Wagner-Peyser Act; (iii) a representative of the Vocational Rehabilitation program; and may include (iv) representatives of agencies or entities administering programs serving the Local Area relating to transportation, housing, and public assistance; (v) Representatives of philanthropic organizations serving the Local Area; and (E) individuals or representatives of entities as the chief elected official in the Local Area may determine to be appropriate (WIOA Section 107[b][2][D] and [E]). Name Title Entity Appointment Date Term End Date Brian Chambers Staff Services Manager I State of CA Department of Rehabilitation 4/23/2019 11/01/2019 Lee Ann Eager President/CEO Fresno County Economic Development Corporation 12/07/2017 11/01/2019 Delfino Neira Director Fresno County Department of Social Services 10/11/2018 11/01/2020 Sal Quintero Supervisor Fresno County Board of Supervisors 1/08/2019 N/A Esmeralda Soria Councilmember Fresno City Council 4/18/2018 N/A Shelly Tarver Deputy Division Chief State of CA Employ- ment Development Department 4/06/2017 11/01/2022 Page 6 of 10 Sustained Fiscal Integrity The Local Area hereby certifies that it has not been found in violation of one or more of the following during PYs 16-17 or 17-18: Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIA requirement, such as failure to grant priority of service or ver ify participant eligibility. Gross negligence – defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. Failure to observe accepted standards of administration . Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 29 Code of Federal Regulations (CFR) Parts 95 and 97, appropriate Office of Management and Budget circulars or rules, WIOA regulations, and state guidance. Highlights of these responsibilities include the following: o Timely reporting of WIOA participant and expenditure data o Timely completion and submission of the required annual single audit o Have not been placed on cash hold for longer than 30 days (In alignment with WIOA Section 106[e][2]) Engaged in Regional Planning The Local Area hereby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways: The FRWDB worked with staff from all eight Workforce Boards in the Regional Planning Unit (RPU) in the negotiation of regional performance measures, including the development of regional performance worksheet and negotiating final performance goals as a RPU with the state. The FRWDB staff worked with the RPU to draft the Regional plan, which included working with regional WDBs and consultants to conduct convening to obtain feedback from various stakeholders to develop the Regional Plan. Page 7 of 10 Local Area Assurances Through PY 19-21, the Local Area assures the following: A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements included in the appropriate circulars or rules of the Of fice of Management and Budget (WIOA Section 184[a][2] and [3]). Highlights of this assurance include the following: The Local Area’s procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318). The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508). Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200 Subpart F will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338). B. All financial reporting will be done in compliance with federal and state regulations and guidance. Highlights of this assurance include the following: Reporting will be done in compliance with Workforce Services Directive Quarterly and Monthly Financial Reporting Requirements (WSD16-13) (November 28, 2016). All close out reports will comply with the policies and procedures listed in Workforce Services Directive WIOA Closeout Requirements (WSD16-05) (July 29, 2016). Note that failure to comply with financial reporting requirements will subject the Local Area to potential cash hold. (Title 2 CFR Section 200.338) C. Funds will be spent in accordance with federal and state laws, regulations, and guidance. Highlights of this assurance include the following: The Local Area will meet the requirements of State Assembly Bill 1149 (Chapter 324, Statutes of 2017), to spend a minimum of 30 percent of combined total of adult and Page 8 of 10 dislocated worker formula fund allocations on training services (California Unemployment Insurance Code Section, 14211). The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]). D. The Local Board will select the America’s Job Center of CaliforniaSM (AJCC) Operator(s), with the agreement of the local CEO, through a competitive process such as a Request for Proposal (RFP), unless granted a waiver by the state (WIOA Section 121[d][2][A] and 107[g][2]). E. The Local Board will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBSSM reporting requirements and deadlines. F. The Local Board will comply with the nondiscrimination provisions of WIOA Section 188, including the collection of necessary data. G. The Local Area will engage in and contribute to, regional planning and regional plan implementation (for example, the Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and modifications). H. The Local Area will participate in regional performance negotiations. I. It will comply with State Board policies and guidelines, legislative mandates and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation. J. Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter 19-16, Subject: Guidance on Services provided through the Adult and Dislocated Worker Programs under the Workforce Innovation and Opportunity Act (WIOA) and the Wagner-Peyser Act Employment Service (ES), as amended by title III of the WIOA Final Rules, (March 1, 2017). Page 9 of 10 Application Signature Page Instructions – The local CEO and Local Board chair must sign and date this form. Include the original signatures in the application package. By signing the application below, the local CEO and Local Board chair request subsequent designation of the existing Local Area and subsequent certification of the existing Local Board. They certify that the Local Area has performed successfully, sustained fiscal integrity during PYs 2016-2017 or 2017-2018, and engaged in the regional planning process as described in Section 106 (c)(1). Additionally, they agree to abide by the Local Area assurances included in this application. Local Workforce Development Board Chair Signature Paul Bauer Name Chair Title Date Page 10 of 10 Local Chief Elected Official Local Chief Elected Official Signature Signature Nathan Magsig Lee Brand Name Name Chair, Fresno County Board of Supervisors Mayor, City of Fresno Title Title Date Date City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1766 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2018 FROM:WILMA QUAN, City Manager Mayor and & City Manager’s Office JANE SUMPTER, Assistant City Manager Mayor and & City Manager’s Office LAURA MERRILL, Deputy City Manager Mayor and & City Manager’s Office SUBJECT Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. RECOMMENDATION Staff recommends that the City Council approve an extension to the Agreement entered between the City of Fresno and SMG for six months for a contract termination date of December 30, 2019. EXECUTIVE SUMMARY The City and SMG entered into an Agreement,effective January 1,2014,wherein SMG provides City with management services,including operations and marketing services for the Fresno Convention & Entertainment Center (FCEC).The Agreement provided for an initial term through June 30,2019. The City released a Request for Qualifications (RFQ)for the management services and is currently working through the negotiations of a future management agreement.As such,staff recommends that the Council approve a six month “as is”extension to allow discussions to continue as well as give Council appropriate time to consider the new proposed contract. BACKGROUND The current agreement with the SMG has been in effect since January 1,2014,since then,SMG has continued to provide the City with management services,including operations and marketing services for the FCEC.On January 15,2019 the City released the RFP for Management Services for the FCEC.The RFP was open until March 29,2019 and the City is currently reviewing the submissions City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1766 Agenda Date:6/13/2019 Agenda #: FCEC.The RFP was open until March 29,2019 and the City is currently reviewing the submissions and negotiating next steps.As the Agreement is set to expire on June 30,2019,staff recommends that the City Council approve an extension to the Agreement entered between the City of Fresno and the SMG for six months.The extension will keep all other terms of the contract as is and will allow discussions to continue as well as give Council appropriate time to consider the new proposed contract. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Funding has been allocated in the proposed FY20 budget for support of the FCEC,whether for a contract or other arrangement. Attachment: SMG First Amendment City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1774 Agenda Date:6/13/2019 Agenda #:1-I REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BRIAN SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division BY:ARTURO ALVAREZ, Wastewater Manager Department of Public Utilities - Wastewater Management Division SUBJECT ***RESOLUTION -Adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends adoption of updated Sewer System Management Plan (SSMP) to prevent and/or reduce sanitary sewer overflows (SSOs). EXECUTIVE SUMMARY The State Water Resources Control Board (Board)adopted a statewide general Waste Discharge Requirements order for Sanitary Sewer Systems (General WDR)to establish system-wide operation, maintenance,and management plans to reduce SSOs.Under the General WDR,the City of Fresno (City)developed a SSMP which was approved by City Council on April 7,2009.The General WDR requires an update of the SSMP every five years with adoption of the revisions by the Enrollee’s government body.An update of the SSMP was approved by City Council in 2014.The 2019 update to the SSMP is complete and ready for re-approval by the City Council.The SSMP has been revised to incorporate the latest personnel changes,maintenance schedules and programs,and includes short and long term capital improvement projects revised each fiscal year. BACKGROUND On May 2,2006,the Board issued Order 2006-0003-DWQ,Statewide General WDR.The purpose of the General WDR is to establish system-wide operation,maintenance,and management plans to reduce SSOs,which are spills of untreated or partially treated wastewater resulting in public City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1774 Agenda Date:6/13/2019 Agenda #:1-I reduce SSOs,which are spills of untreated or partially treated wastewater resulting in public exposure and a health hazard. In November 2006,the City submitted a Notice of Intent or application for permit coverage under the General WDR.In July 2007,the City Council approved a proposed SSMP Development Plan and Schedule which listed development and implementation deadlines for each of the eleven elements listed below.The State required that cities with a population over 100,000 complete a final SSMP by May 2, 2009. On April 7,2009,the City Council approved the City’s SSMP,which provides a mechanism to properly fund,manage,operate,and maintain all parts of the sanitary sewer system to reduce and prevent SSOs.The City’s SSMP (1)establishes the legal authority to prevent illicit discharges into its sanitary sewer system,(2)requires that sewers and connections be properly designed and constructed,(3)ensures access for maintenance,inspection,or repairs for those portions of the lateral owned or maintained by the City,(4)limits the discharge of fats,oils,and grease and other debris that may cause blockages, and (5) enforces any violation of its sewer ordinances. The SSMP has eleven mandatory elements with implementation deadlines according to the size of the collection system: 1.Goal 2.Organization 3.Legal Authority 4.Operation and Maintenance Program 5.Design and Performance Provisions 6.Overflow Emergency Response Plan 7.Fats, Oils and Grease (FOG) Program 8.System Evaluation and Capacity Assurance Plan 9.Monitoring, Measurement and Program Modifications 10.Sewer System Management Plan Program Audits 11.Communication Program The General WDR requires that all cities’ Sewer System Management Plan be updated every five years, and it is by recommendation of the Board that it be approved by the City Council. The City Attorney has reviewed and approved as to form the SSMP. Staff recommends that City Council authorize the Director of Public Utilities, or designee, to sign on behalf of the City. ENVIRONMENTAL FINDINGS The SSMP is exempt under Section 15308/Class 8 (Actions by Regulatory Agency for Protection of the Environment) of the California Environmental Quality Act Guidelines. LOCAL PREFERENCE Local preference was not considered because the SSMP does not include a bid or award of a construction or services contract. FISCAL IMPACT All elements of the SSMP are programs,policies,or ordinances currently in place and applicable toCity of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1774 Agenda Date:6/13/2019 Agenda #:1-I All elements of the SSMP are programs,policies,or ordinances currently in place and applicable to all council areas.Funding to implement the mandated SSMP is addressed in the Sewer Enterprise Operating and Capital Improvement budgets and will have no impact to the General Fund. Attachment:2019 Sewer System Management Plan City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ 2019 City of Fresno SEWER SYSTEM MANAGEMENT PLAN Wastewater Management Division Original Adoption Date April 7, 2009 1st Revision December 2014 2nd Revision March 2019 WDID # 5SSO11202 CCIITTYY OOFF FFRREESSNNOO SSEEWWEERR SSYYSSTTEEMM MMAANNAAGGEEMMEENNTT PPLLAANN ((SSSSMMPP)) TABLE OF CONTENTS Executive Summary………………………………….……………………… 1 1. Goal…………………………………………………………………………….. 8 2. Organization…………………………………………………..……………… 9 3. Legal Authority………………………………………………..……………… 15 4. Operation and Maintenance Program………………………….………… 17 5. Design and Performance Provisions……………………….……………. 21 6. Overflow Emergency Response Plan…………………….……………… 23 7. Fats, Oils and Grease (FOG) Control Program…………….…………… 27 8. Systems Evaluation and Capacity Assurance Plan………….……….. 32 9. Monitoring, Measurement and Program Modifications………………. 35 10. Sewer System Management Plan Program Audits……………………... 45 11. Communication Program………………………………………………..….. 49 City of Fresno Sew er System Management Plan Executive Summary 2019 The City of Fresno (City) owns and maintains the wastewater collection system that serves the City and other participating agencies: County of Fresno, City of Clovis, Pinedale Public Utility District, Pinedale County Water District and California State University, Fresno. The City’s wastewater collection system is comprised of approximately 1,606 miles of pipe ranging from 4” to 84” in diameter, over 24,000 manholes and 15 sewer lift stations. On May 2, 2006, the State Water Resources Control Board (Board) issued Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR-SSS). The WDR-SSS consists of a number of components and reporting requirements and is applicable to any entity (e.g., the City of Fresno) that owns or operates a collection system greater than one mile in length. The purpose of the WDR-SSS is to establish system-wide operation, maintenance and management plans to reduce sanitary sewer overflows. A sanitary sewer overflow (SSO) is a release of untreated or partially treated wastewater resulting in public exposure, regardless of whether the wastewater reaches waters of the United States or not. It also refers to wastewater backups into buildings and onto private property that are caused by blockages in the City’s portion of the sanitary sewer system. The WDR-SSS prohibits: (1) Any SSO resulting in a discharge of wastewater to waters of the United States and (2) Any SSO creating a public nuisance. The WDR-SSS continues with a number of provisions instructing the City in the event of an SSO, possible enforcement action against the City, and subsequent cleanup measures. Under the WDR-SSS, the City is required to develop and implement a Sewer System Management Plan (SSMP) that must be available to the State or Regional Board upon request and must be approved by the City’s governing body. The SSMP provides a mechanism to properly manage, operate, and maintain all parts of the sanitary sewer system, with the ultimate goal being to reduce and prevent SSOs, as well as mitigate any SSOs that do occur. The City’s SSMP must: (1) Establish the legal authority to prevent illicit discharges into its sanitary sewer system; (2) Require that sewers and connections be properly designed and constructed; (3) Ensure access for maintenance, inspection, or repairs for those portions of the lateral owned or maintained by the City; (4) Limit the discharge of fats, oils, and grease and other debris that may cause blockages; and (5) Enforce any violation of its sewer ordinances. E-1 The SSMP has eleven mandatory elements with implementation deadlines according to the size of the collection system. These are: (1) Goal; (2) Organization; (3) Legal Authority; (4) Operation and Maintenance Program; (5) Design and Performance Provisions; (6) Overflow Emergency Response Plan; (7) Fats, Oils and Grease (FOG) Program; (8) System Evaluation and Capacity Assurance Plan; (9) Monitoring, Measurement and Program Modifications; (10) Sewer System Management Plan Program Audits; and (11) Communication Program. In November 2006, the City submitted a Notice of Intent (NOI) or application for permit coverage under the Statewide General WDR-SSS. In July 2007, the City Council approved a proposed SSMP Development Plan and Schedule which listed development and implementation deadlines for each of the eleven mandatory elements of the City’s SSMP. The State requires that cities with a population over 100,000 complete a final SSMP by May 2, 2009. On April 7, 2009, the City Council approved and adopted the SSMP as required by the Statewide General WDR-SSS. All of the mandatory elements of the SSMP were met with programs or ordinances already in place: Fresno Municipal Code, Wastewater Collection System Master Plan, FOG Control Program, Sanitary System Overflow Prevention and Response Plan, Performance Measures and Public Information/Education opportunities. Since 2011, the City has performed self-audits of the SSMP that resulted in minor revisions to the original document. On July 30, 2013, the Board issued Order No. WQ 2013-0058-EXEC to amend the Monitoring and Reporting Program (MRP) of the Statewide General WDR-SSS. This Order went into effect on September 9, 2013 revising spills categories and definitions. In the prior version, SSOs were defined as Category 1 and Category 2. The revised MRP adds Category 3. This change was done to improve data management and to help the State’s determination of high or low threats (Category 1 and Category 3, respectively). In addition, the Order clarifies SSO notification, reporting, monitoring and record keeping requirements. The Statewide General WDR-SSS requires that the SSMP be updated every 5 years and must include any significant program changes. Re-certification by the City Council is required if significant changes are made to the SSMP that requires Council approval for additional funds needed to implement the program. (Refer to the State Water Resources Control Board “Enrollee’s Guide to SSO Database” http://www.waterboards.ca.gov/water_issues/programs/sso/docs/discharger_workbook.pdf ) Below is the Change Log showing revisions made to the SSMP for 2019: E-2 Department of Public Utilities Wastewater Management Division Collection System Maintenance SSMP Change Log Date SSMP Element Description of Change/Revision Made Authorized By: 3/7/2019 Executive Summary Updated total miles of pipe and number of manholes to reflect the most current amount the City owns and maintains. Arturo Alvarez, Wastewater Manager 3/14/2019 Executive Summary Added reference to Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Appendix A) Arturo Alvarez, Wastewater Manager 3/7/2019 Element 2 – Organization Updated Organization Chart. Corrected chart to Reflect “System Evaluation and Capacity Assurance Plan” as SSMP Element 8. Arturo Alvarez, Wastewater Manager 3/7/2019 Element 2 – Organization Updated names and titles of list of representatives responsible to implement the SSMP. Arturo Alvarez, Wastewater Manager 3/8/2019 Element 2 – Organization Updated process for Chain of Communication for Reporting SSO’s Arturo Alvarez, Wastewater Manager 3/12/2019 Element 2 – Organization Updated SSO Emergency Response Notification Contact List. Arturo Alvarez, Wastewater Manager 3/12/19 Element 4 – Operation & Maintenance Updated Language for Preventative Maintenance Cleaning, Enhanced Maintenance Cleaning, CCTV Inspection and Root Control. Arturo Alvarez, Wastewater Manager 3/27/19 Element 4 – Operation & Maintenance Updated total miles of pipe, number of manholes and number of basins to reflect the most current amount the City owns and maintains. Arturo Alvarez, Wastewater Manager 3/12/2019 Element 5 – Design and Performance Updated to include the proposed revisions to the City of Fresno Standard Drawings that was approved by the Department of Public Works in June, 2015. Arturo Alvarez, Wastewater Manager 3/12/2019 Element 6- Overflow Emergency Response Plan Updated the process by which on-call staff members are notified of incoming service requests relating to sewer spills or problems. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 6- Overflow Emergency Response Plan Updated SSO Notification Contact List. Added contact information for Pinedale County Water District, Pinedale Public Utilities District, and Fresno State. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 7 – FOG Control Program Revised the website link to information regarding Fats, Oils and Grease. Arturo Alvarez, Wastewater Manager Department of Public Utilities Wastewater Management Division Collection System Maintenance 3/22/2019 Element 7 – FOG Control Program Updated Figure 7-2 – Most current Food Service Establishment Site Inspection Form. Arturo Alvarez, Wastewater Manager 3/7/2019 Element 8 – System Evaluation and Capacity Assurance Plan Updated total miles of pipe and number of manholes to reflect the most current amount the City owns and maintains. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 8 – System Evaluation and Capacity Assurance Plan Removed “FY2014” in reference to Capital Improvement Projects and replaced with “FY2019.” Arturo Alvarez, Wastewater Manager 3/13/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated list of Collection System Maintenance Electronic Files to include newer reports used to schedule and monitor cleanings, including the addition of the “Basic Cleaning Cycle” and “High Frequency List” schedules. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 9 – Monitoring, Measurement and Program Modifications Included new data on Sewer Mainline Blockages for years 2014-2018. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 9 – Monitoring, Measurement and Program Modifications Added 2014-2018 Data to “FOG Trend By Sewer Plat Areas” chart. Arturo Alvarez, Wastewater Manager 3/14/2019 Element 9 – Monitoring, Measurement and Program Modifications Removed 2010-2013 Summary of Certified SSO Events, and added 2014-2018 Summary of Certified SSO Events (Figure 9-7). Arturo Alvarez, Wastewater Manager 3/14/2019 Element 9 – Monitoring, Measurement and Program Modifications Addition of Figure 9.8 – Causes of SSO’s Arturo Alvarez, Wastewater Manager 3/20/2019 Element 9 – Monitoring, Measurement and Program Modifications Removed 2013 Collection System Spill Summary (Figure 9-5), and replaced it with 2018 Collection System Spill Summary. Arturo Alvarez, Wastewater Manager Department of Public Utilities Wastewater Management Division Collection System Maintenance 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated list of Wastewater Management Division Web-Based Query Applications. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated verbiage to reflect 21 lift station alarms occurred in the last quarter of 2018. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated the Collection System Spill Summary (Figure 9-5) and Balanced Scorecard Goal – “Zero SSO per 100 Miles/Month (Figure 9-6) to reflect data from 2018. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Added information regarding the City’s storage of hard copy files and electronic files contained on flash drives in the City’s Collection System Maintenance Building. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Addition of Figure 9-9: City of Fresno Gallons of Sewage Collected/Spilled Chart. Arturo Alvarez, Wastewater Manager 3/14/2019 Element 10 – SSMP Program Audits Updated verbiage to reflect current plans to audit SSMP either annually or bi-annually. Arturo Alvarez, Wastewater Manager 3/14/2019 Element 10 – SSMP Program Audits Updated average number of SSO’s per month for the year of 2018 to 1.42 per month, revised from 1.50 SSO’s per month in 2013. Arturo Alvarez, Wastewater Manager 3/20/2019 Element 10 – SSMP Program Audits Updated the performance measures that will be evaluated to measure the effectiveness of the SSMP, by removing the outdated SSO categories that were in place prior to September of 2013. Arturo Alvarez, Wastewater Manager 3/20/2019 Element 10 – SSMP Program Audits Updated verbiage to reflect 21 lift station alarms occurred in the last quarter of 2018. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 10 – SSMP Program Audits Updated verbiage to reflect over 300 inspections of FSEs were conducted in 2018. Arturo Alvarez, Wastewater Manager 3/20/2019 Element 11 – Communication Updated to report that 50 FSE’s had been inspected during the last quarter of 2018, and Arturo Alvarez, Wastewater Manager Department of Public Utilities Wastewater Management Division Collection System Maintenance Program that 1,774 FSEs were permitted at that time. 3/14/2019 Appendix B Included newest version of Fresno Municipal Code of Ordinances, Chapter 6 Article 3 – Sewer and Wastewater Disposal Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix C Updated Contact information and Vacuum Truck information on Sewer Bypass Procedure. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix C Added new Basin Cleaning Schedule and “Enhanced Maintenance” Cleaning Schedule. Arturo Alvarez, Wastewater Manager 3/22/2019 Appendix C Replaced Lift Station Maintenance Schedule with Annual Lift Station Inspection Checklist (Figure 4-4.) Arturo Alvarez, Wastewater Manager 3/14/2019 Appendix D Included the most recent DPW Standard Specifications. Also added Addendum No. 6, approving proposed revisions of Chapter 17- City of Fresno Standard Drawings related to Sewer Pipe and Appurtenances on August 28, 2015. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix E Updated SSO Emergency Response Notification Contact List. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix E Updated SSO Notification Contact List. Added contact information for Pinedale County Water District, Pinedale Public Utilities District, and Fresno State. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix E Updated Contact information and Vacuum Truck information on Sewer Bypass Procedure. Arturo Alvarez, Wastewater Manager 3/22/2019 Appendix G Removed outdated Capital Improvement Projects and included Capital Improvement Projects for FY19 and estimated 5-year upcoming budget projection. Arturo Alvarez, Wastewater Manager 3/21/2019 Appendix H Input current data relating to key performance measures for Category 1, 2, and 3 SSOs, SMB’s, Average Field Response Time, Average Cost of Sewer Mainline Cleaning, Miles of Sewer Mainline Cleaned, Miles of Sewer Mainline Video Inspected, and Average Cost of Video Inspection. Arturo Alvarez, Wastewater Manager Through continuous evaluation of the existing programs, future improvement plans will be developed to meet the State’s requirements while ensuring adequate capacity to meet future growth demands and proper allocation of resources for the operation, maintenance, and timely repair of the City’s sanitary sewer system. References Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Appendix A) E-3 City of Fresno – Department of Public Utilities Sewer System Management Plan (SSMP) 1.Goal The City of Fresno owns and maintains the wastewater collection system that serves the Fresno Metropolitan Area. The Department of Public Utilities ensures proper and adequate conveyance of sewer to the Fresno-Clovis Regional Wastewater Reclamation Facility and the North Fresno Wastewater Reclamation Facility through an effective Collection System Operation and Maintenance program and consistent update of the Wastewater Collection System Master Plan. In addition, the Department has the legal authority to enforce programs to control/minimize sewer blockages; and an efficient Emergency Response Plan to address sanitary sewer overflows. The City, through the Department of Public Utilities, is dedicated to achieve the following goals: •Minimize preventable Sanitary Sewer Overflows (SSOs) •Maintain an effective and timely SSO Response Plan •Proactively inspect/maintain all city-owned sewer collection infrastructure •Develop accurate database to determine and prioritize areas of major maintenance or rehabilitation needs •Implement an effective Fats, Oils and Grease (FOG) control Program •Implement and effective Root Control Program •Implement an adequate Sewer Collection Rehabilitation Program •Provide adequate sewer capacity to accommodate future growth through periodic Master Plan revisions •Develop a public outreach program addressing SSO prevention and the importance of sewer collection infrastructure •Provide a safe work environment for all operators of the Collection System “The Goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 8 2. ORGANIZATION Since January 7, 1997, the City of Fresno has a Mayor-Council form of government (Section 1503, Charter of the City of Fresno). The Council is the governing body of the City and vested with all powers of legislation on municipal affairs adequate to a complete system of local government consistent with the Constitution of the State. The City has seven elected Councilmembers representing seven Districts. One of the Councilmembers is elected President of the Council. The executive power of the City is vested in the Office of the Mayor. The Mayor has veto power for legislative and budgetary actions of the Council and it is responsible for providing leadership and efficient administration of all affairs of the City through the City Manager’s office. The Mayor also provides liaison between the City Manager’s Office and the Council. The City Attorney provides legal assistance and guidance to ensure legal authorities through existing ordinances and the Charter of the City. The City Manager is the Chief Administrative Officer heading the administrative branch of the city government. The City Manager oversees the operation of the various departments within the City’s organization. The Departments of Public Utilities, Public Works and Planning & Development have important roles in the SSMP. The Planning and Development Department oversees the issuance and review of building permits including installation of grease removal devices or other types of separators. It also provides code enforcement for applicable Fresno Municipal Code (FMC) violations. The Department of Public Works (DPW) provides guidance ensuring projects are constructed in accordance to current building codes and specifications. DPW ensures contract compliance and provides inspection for construction and maintenance projects. “The SSMP must identify: (a) The name of the responsible authorized representative as described in Section J of this Order (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organizational chart or similar document with a narrative explanation, and (c) The chain of communications for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES))” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 9 The following organization chart lists only the City departments and the Division related to the implementation of the SSMP. CITY OF FRESNO SEWER SYSTEM MANAAGEMENT PLAN IMPLEMENTATION ORGANIZATION CHART City of Fresno Sewer System Management Plan - 2019 10 The Department of Public Utilities (DPU) provides vital service to the community such as water, sewer collection and treatment and solid waste and sanitation services. Organizational changes to become more efficient resulted in Sewer Maintenance Division merging into Wastewater Management Division. Wastewater Management Division operates and manages most aspects of the City’s SSMP. The Wastewater Management Division (WMD) is responsible for the collection and treatment of sewer conveyed through the collection system and into the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) and the North Fresno Wastewater Reclamation Facility (NFWRF). WMD’s Administration and Environmental Services establish goals, organizational roles and implementation responsibilities for the Sewer System Management Plan (SSMP). WMD implements the Fats, Oils and Grease (FOG) program through the Pretreatment Program and has the legal authority to enforce its requirements. WMD, through the Collection System Maintenance workgroup (CSM) is responsible to operate and maintain the collection system to ensure adequate sewer conveyance to the community. CSM manages the inspection, maintenance and minor repairs of the sewer collection system and related infrastructures. CSM is also responsible to respond to Sanitary Sewer Overflow (SSO) calls and subsequent notifications and plan of action to address the causes. Data gathered through preventive and reactive maintenance and assessment of sewer lines provides tools for monitoring, measurement and program modifications as well as regular updates of established performance measures. Utilities Planning & Engineering manages all sewer collection capital improvement projects that include rehabilitation of existing or construction of new pipelines throughout the City, sewer modeling and the update of the Wastewater Collection System Master Plan. Following is a list of representatives responsible to implement the SSMP: Name Title Phone Number Michael Carbajal Director DPU (559) 621-8600 Brian Spindor Assistant Director, DPU, WMD (559) 621-5100 Dejan Pavic Public Works/Public Utilities Manager – Licensed Engineer, DPU, DPW (559) 621-1620 Rosa Lau-Staggs Wastewater Manager, DPU, WMD (559) 621-5130 Arturo Alvarez Wastewater Manager, DPU, WMD (559) 621-1270 Shaun Bohling Wastewater Operations Supervisor, DPU, WMD (559) 621-5218 Steve Gibson Wastewater Operations Supervisor, DPU, WMD (559) 621-5213 Tolbert Campbell Wastewater Operations Supervisor, DPU, WMD (559) 621-1260 Tom Adams Wastewater Environmental Supervisor, DPU, WMD (559) 621-5140 Carla Watkins Business Manager, DPU, WMD (559) 621-5120 Perry Stofan Management Analyst II, DPU, WMD, (559) 621-1255 City of Fresno Sewer System Management Plan - 2019 11 (a) Responsible Authorized Representative: Arturo Alvarez, Wastewater Manager (b) Implementation of Specific Measures of the SSMP: SSMP Elements Responsibility Phone number 1. Goal Arturo Alvarez (559) 621-1270 2. Organization 3. Legal Authority 4. Operation and Maintenance Program Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 5. Design and Performance Provisions Dejan Pavic (559) 621-1620 6. Overflow Emergency Response Plan Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 7. FOG Control Program Rosa Lau-Staggs Tom Adams (559) 621-5130 (559) 621-5140 8. System Evaluation and Capacity Assurance Plan Dejan Pavic (559) 621-1620 9. Monitoring, Measuring and Program Modifications Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 10. SSMP Program Audits Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 11. Communication Program Rosa Lau-Staggs (559) 621-5130 (c) Chain of Communication for Reporting SSO’s SSO’s are referred by calling the City’s One Call Center (559) 621-2489 which is available 24 hours a day, 365 days per year. After hours, weekends or holidays, calls are automatically transferred to the after-hours exchange. Either the Call Center Representative or the Exchange will reach the on-call operator and relay the basic information gathered from the reporting party’s phone call. The on-call crew is expected to respond to the site within 1.0 hour after the call is received. Maintenance crews work on clearing up stoppages, flushing, vacuuming and inspecting the line. The area is properly sanitized to eliminate health hazards. Supervisors proceed with notification and reporting requirements as specified in the City of Fresno Sewer System Management Plan - 2019 12 Monit oring and Reporting Program (MRP) of the Statewide General W aste. Discharge Requirements for Sanitary Sewer Systems. SSO EMERGENCY RESPONSE – NOTIFICATION AND REPORTING PROCEDURES City of Fresno Sewer System Management Plan - 2019 13 ADDITIONAL REPORTING REQUIREMENTS • Reporting through CIWQS Online SSO Database: (http://ciwqs.waterboards.ca.gov) • SSO Technical Report to be submitted 45 calendar days after end day of a Category 1 if 50,000 gallons or more of untreated or partially treated wastewater is spilled to surface waters. • “No Spill” certification to be submitted within 30 calendar days of the end of the month when no SSO’s occurred. • Collection System Questionnaire to be updated and certified every 12 months. NOTIFICATION LIST • Office of Emergency Services Responder 800.852.7550 OES Control# 04-2631 916.845.8911 • Fresno County Health Dept. Specialist/ 559.600.3271 or After Hours Responder 559.600.3111 • RWQCB Daniel Benas 559.445.5500 • Fresno Metro Flood Control Jared Shuman 559.456.3292 • Fresno Irrigation District Jim Irwin 559.233.7161 • CA Dept. of Fish & WIldlife Asst. Chief John Baker 559.243.4005 • Department of Public Utilities Brian Spindor 559.621.5100 • Wastewater Management Rosa Lau-Staggs 559.621.5100 Environmental Services Tom Adams 559.621.5111 • City of Clovis Public Utilities Scott Redelfs 559.324.2600 • San Joaquin Air Pollution Jaime Holt 559.309.3336 • Krazan Associates Jeff Noel 559.348.2200 EXTERNAL REPORTING REQUIREMENTS City of Fresno Sewer System Management Plan - 2019 14 3.LEGAL AUTHORITY Chapter 6, Article 3 (Sewage and Water Disposal) of the Fresno Municipal Code (FMC) provides the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer systems. i.FMC, Section 6-327. Discharge Prohibitions. (b) Require that sewers and connections be properly designed and constructed. i.FMC, Section 6-308. Sewer System Construction. (c) Ensure access for maintenance, inspection, or repairs for sewers maintained by the City. i.FMC, Section 6-322. Rights for Inspection and Sampling. (d) Limit the discharge of fats, oils and grease and materials that could cause sewer line blockage. i.FMC, Section 6-321.1 Fats, Oils and Grease (FOG) Control Program. ii.FMC, Section 6-327. Discharge Prohibitions. (e) Enforce any violation of its sewer ordinances. i.FMC, Section 6-323. Enforcement. ii.FMC, Section 6.324. Emergency Suspensions. iii.FMC, Section 6.325. Termination of Discharge. On May 20, 2008, the City of Fresno adopted amendments to Chapter 6 Article 3 as Bill No. B-30, Ordinance No. 2008-33, which became effective on June 22, 2008. The amendments clarify and consolidate existing language into a new chapter specific to fats, oils and grease control (FMC, Section 6-321.1. Fats, Oils & Grease (FOG) Control Program). In summary, the changes include: (a) Defining terms related to the FOG Control Program. (b) Adding the FOG Control Program in accordance with the General WDR. “Each Enrollee must demonstrate, through sanitary sewer system use ordinance, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); (b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and (e) Enforce any violation of its sewer ordinances.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 15 i. Best Management Practices specific to the FOG Control Program are listed. ii. Pretreatment device requirements (either grease interceptors or grease traps) for specific establishments. iii. A waiver allowance for pretreatment devices under specific conditions to be collected as cost recovery charges for maintenance or cleanup of an FOG impacted sewer line. References Fresno Municipal Code; Chapter 6; Article 3 Sewage and Water Disposal. (Appendix B) City of Fresno Sewer System Management Plan - 2019 16 4. OPERATION AND MAINTENANCE PROGRAM (a) VIEWFresno (external) / iView (internal) is the Geographic Information Systems (GIS) based mapping and data presentation tool written and maintained by the City’s, Department of Public Utilities, Planning and Engineering (P&E). It integrates information from P&E (eng ineers’s drawings, as-builts, mapped in-ground assets), Hansen (work orders, service requests), PipeTech (video inspections), GPS and other systems. Different features are available in the internal and external versions, but the underlying data is the same. VIEWFresno/iView is continuously updated as assets are added, rehabilitated or abandoned and to correct any discrepancies verified by field staff. Over 225 layers can be loaded onto the map including Sewer Mains (gravity and force mains), Sewer Manholes, Lift Stations (drawings showing valves and pumps) and Flood Control Assets. Collection System “The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee’s system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; (b) Describe routine prevention operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The preventive Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer systems operations and maintenance, and require contractors to be appropriately trained; and (e) Provide equipment and replacement part inventories, including identification of critical replacement parts.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 17 Maintenance (CSM) crews have field access with the use of laptops. Appendix C, Figure 4-1 shows examples of various map settings available through the I-View portal. (b) The Wastewater Management Division, CSM workgroup is in the process of updating the Operation and Maintenance Manual (CSM-O&M Manual) that describes the various programs related to the preventive and corrective maintenance of the sanitary collection system and the assessment program for preventive or corrective measures (Appendix C). The CSM-O&M Manual holds standard operating procedures (SOPs) for equipment and instrument used for the maintenance of the collection system and contains the SSO Response Plan (SSORP). This document is an evolving document that will be updated when processes are revised or new ones are implemented and as needed to meet regulatory requirements. The City’s sanitary sewer system consists of approximately 1,600 miles of sewer mainlines, over 24,000 manholes and 15 lift stations. The service area is divided into 15 basins. Each basin has a specific cleaning schedule according to historical and recent findings. Following are the routine preventive maintenance practices conducted by staff and contractors: •Preventive Maintenance (Cleaning) Currently, routine cleaning (hydro flushing) for 6” to 15” mainline is on a schedule that is from 1 to 5 years depending on the material, historical data, and the operator’s feedback with regard to their evaluation after cleaning the mainline. Large mainlines 16” to 24” are currently done on an as needed basis. During this routine cleaning, manholes are also assessed for needed repairs and if necessary, routed to the CSM Corrective Crew. (Appendix C, Figure 4-2) •“Enhanced Maintenance Cleaning” More frequent maintenance is performed on critical sewers in identified problem areas known as High Frequency Cleaning. The High Frequency maintenance schedule is broken down into 15-, 30-, 60-, 90-, and 180- day intervals (Appendix C, Figure 4-3) When an asset has been identified as a recurring problem or potential for recurring problem, it is placed on the High Frequency Cleaning maintenance schedule. The Fats, Oils and Grease (FOG) stoppage map is one of the tools used to track problem areas (SSMP, Chapter 9. Monitoring, Measurement and Program Modifications. Figures 9-1, 9- 2, and 9-3) •Root Control Root intrusion to the infrastructure is addressed using chemical foaming (Metam-Sodium and Dichlobenil). Originally, root control was performed by a contractor however; CSM has transitioned to in-house treatments exclusively. Sewer mains, once assessed and found to have root intrusion will be added to the root control program. Prior to chemical treatment, the roots will be cut using a Switcher Nozzle, Chain Flail Root Cutter, or a Mechanical Rodder, depending on the severity. The schedule will follow the manufacturer’s recommendation: initial treatment, 1 year treatment, 2 year treatment, and ultimately remain on a 3 year treatment cycle that compliments the Preventative Maintenance Cleaning. City of Fresno Sewer System Management Plan - 2019 18 • Lift Stations Routine lift station maintenance is scheduled monthly or annually, depending on the lift station. (Appendix C, Figure 4-3). Each site is thoroughly inspected, pumps serviced, wet wells and valves cleaned and any needed repairs are made. Each lift station is monitored through a Supervisory Control and Data Acquisition (SCADA) system which provides remote access to view site status and transmits alarms to CSM staff. Corrective maintenance is performed in response to alarms. Database queries are used to monitor the number of alarms per month or year for performance measures. • CCTV Inspection CCTV inspections are conducted daily with the goal of inspecting the City’s entire collection system. Video inspections are also required on all new mainline installations, new service tie-ins, after a Sanitary Sewer Overflow (SSO), and after a Sewer Mainline Blockage (SMB). The data collected from the inspections is entered into PipeTech, which is a database that compiles information of the surveyed asset. Assets are rated by PipeTech in accordance to the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP). • FOG The City has implemented a FOG program through the Pretreatment Program. The program is detailed in the SSMP, Chapter 7, FOG Control Program. • Work orders All work performed is documented using Hansen, a Computerized Asset Management System (Appendix C, Figure 4-5). Hansen Asset Management provides a comprehensive work order system for managing all types of maintenance work including service requests, scheduled preventive maintenance, and projects. Records are available dating back to May of 2006, the time in which Hansen was implemented. (c) The City has short-term and long-term sewer capital improvement and rehabilitation projects. These projects include repair, rehabilitation and construction of existing and new infrastructure to ensure the sustainability of the wastewater collection system. The City inspects sewer lines using CCTV and gathers the data in Pipetech (Appendix C, Figure 4-6). Data is used to assess and rank the condition of sewer lines and to schedule maintenance and repairs as needed. (d) • Short-term Funding is allocated every year to address short-term rehabilitation projects that could range from small spot repairs to larger line replacements. Spot repairs are done in- house or through an authorized contractor. • Long-term The City contracted an outside consulting firm to assist in developing the Wastewater Collection System Master Plan (Master Plan). The plan supports the City’s projected growth until the year 2025. One of the Plan’s specific objectives is to develop a capital improvement program that includes hydraulic projects as well as rehabilitation projects to address mainline and manhole corrosion. In 2013, the City approved an agreement with a contractor to update the 2006 Master Plan. (SSMP, Chapter 8. System Evaluation and Capacity Assurance Plan) City of Fresno Sewer System Management Plan - 2019 19 (e) Staff is required to attend training facilitated within the City and is encouraged to attend outside training events and conferences. New employees shadow more experienced staff in order to learn the proper operation and maintenance of equipment and facilities. Employees are also cross trained (rotated) on all equipment to ensure proper coverage, without interruption, in all aspects of the job. Safety training is critical to provide staff with a safe working environment. The City follows OSHA regulations providing safety training and safety tailgates on confined space, eye safety, safe work habits, heat illness, defensive driving, back safety (lifting), first aid, blood- borne pathogens, trailer safety and others. Technical training is also provided to develop staff and to keep abreast of new technology, industry updates, current and upcoming regulatory issues, policies and procedures and to improve process and efficiency. Training has been provided on the National Association of Sewer Services Company (NASSCO) Pipe Assessment Certification Program (PACP) and Manhole Assessment and Certification Program (MACP), Aries tractor school (CCTV equipment), sanitary sewer overflows, SSO-WDR compliance workshops, storm water pollution plan, competent person training/trench safety, excavator awareness, trenchless road show, implementation of FOG program, pesticide use, various CWEA trainings and workshops, etc. The City also encourages Collection System Maintenance Certification. Study materials are provided along with reimbursement of the testing fees after passing. (f) The City has a summary of critical spare parts inventory and a list of the major equipment used for collection system operation and maintenance. Service vehicles/equipment and parts are managed by the City’s Fleet Maintenance Division. Materials needed for spot repairs (pipe and couplings), manhole frame & covers, flusher hose, leader hose, tiger tails and PPE are continuously stocked. Portable lift station silent pumps and generators along with traffic control equipment are maintained and available for emergency. References WMD-CSM Operation and Maintenance Manual (Appendix C) • Collection System Mapping – I-View. Figure 4-1 • Collection System Maintenance Basin Cleaning Schedule. Figure 4-2 • “Enhanced Maintenance” Cleaning Schedule. Figure 4-3 • Annual Lift Station Inspection Checklist Figure 4-4 • Work Order Report. Figure 4-5 • Video Inspection Report for Spot Repair. Figure 4-6 City of Fresno Sewer System Management Plan - 2019 20 5.DESIGN AND PERFORMANCE PROVISIONS The City minimizes occurrences of SSO’s due to hydraulic loading by ensuring current and future sewer flows do not exceed the design capacity of the sewer lines at peak flow based on estimated full build out of the area and according to the City’s General Plan. To avoid surcharge of the sewer system that may result in an SSO, pipes will be sized to carry peak flows with the pipe flowing at no more than 0.8 of the pipe diameter using the Manning’s Equation. All sewers shall be designed to have a slope which will give a mean velocity at design of no less than 2.0 feet per second based on the Manning's Equation using an "n" value of 0.013. Minimum velocity, if approved by the Director of Public Utilities or designee shall be no less than 1.5 feet per second at a design capacity. Slope requirements shall be followed to ensure self- cleansing and self-oxidizing velocities in order to avoid significant generation of hazardous, odorous and corrosive sulfur compounds. The following peaking factors shall be utilized in the design of sewer mains: Peak Factor Pipe Size 3.0 8” 2.5 10” 2.0 12” to 21” 1.8 24” to 36” 1.7 39” to 54” 1.6 60” to 84” No gravity sewer main shall be less than 8 inches in diameter (implemented August 2002), and no laterals shall be less than 4 inches. (a) The City defines construction standards and specification criteria for the installation and rehabilitation of sanitary sewer systems. The City’s technical library Standard Specifications of the Department of Public Works provides information on installation of sanitary sewer pipe and appurtenances describing: •Standard materials. •Trench and structure excavation and backfill. “ (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenance and for rehabilitation and repair projects.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 21 • Pipe installation. • Foundation, bedding, backfilling and compaction of trenches. • Connection of service laterals. • Installation of sewer house branches. • Manhole construction and drop sewer connections. (b) Testing specifications and procedures for each of the above mentioned areas are stated in the Standard Specifications. In addition, there is specific language for the following: • Deflection test for sewer lines. • Leakage test of sewer lines and service laterals. • Television inspection of interior of installed pipe. On June 25, 2015, the Department of Public Works approved proposed revisions of the City of Fresno Standard Drawings related to Sewer Pipe and Appurtenances. Revisions were as follows: S-2 Added minimum collar width of 12” (Typ.) Revised General Note 2 regarding lining and coating material. S-3 Added minimum collar width of 12” (Typ.) Added note to drawing on manhole frame and cover regarding 27” diameter pipes. S-4 Added minimum collar width of 12: (Typ.) Revised Note 3 regarding lining and coating material. S-5B Added Note 8 regarding placement of manhole cover opening. S-7 Replace “S-7” with “S-7A and S-7B” S-8 Changed house branch Tee Fitting material to SDR35 to match uniform plumbing code. Changed compression fitting to Gasket PVC Hub. Added “Total gap not to exceed ½” note to ensure proper connection is made. S-9 Clarified Note 4 regarding maximum extension of the saddle into the sewer main. S-10 Replace “Ref. Std. Dwg. P-40” with “Ref. Std. Dwg. P-48” S-11A Added note to “Min. Model Height” to address heights less than minimum. S-12 Correction to Note 2. References City of Fresno, Department of Public Works, Standard Specifications Chapter 17-Sanitary Sewer Pipe and Appurtenances. (Appendix D) City of Fresno Standard Drawings. (Appendix D) City of Fresno Sewer System Management Plan - 2019 22 6. OVERFLOW EMERGENCY RESPONSE PLAN The City of Fresno Wastewater Management Division, Collection System Maintenance (CSM) developed an Overflow Emergency Response Plan (CSM-OERP) as part of the CSM Operation and Maintenance Manual. The CSM-OERP is designed to assist and train staff in the proper procedures to address sanitary sewer overflows (SSOs) from the time staff is made aware of the event and through assessment, clean- up, notification, follow up and record keeping processes (Appendix E). The CSM-OERP ensures steps are followed consistently to eliminate or minimize public health hazards, property damage, water quality impacts and the inconvenience of service interruptions. (a) The City of Fresno Wastewater Management Division (WMD), CSM workgroup is available 24 hours a day, 7 days a week to respond to SSOs. Service calls are reported to the City of Fresno One Call Center. Call Center Representatives answering phone calls related to sewer spills or sewer problems are trained on gathering the information needed and promptly conveying it to the CSM first responders. After hours, the phones are transferred to an answering service which relays all sewer related calls to stand-by staff via telephone. The answering service is provided with a list of secondary contacts in case the primary respondent cannot be reached. Additionally, City of Fresno citizens may also report sewer related issues via the FresGo app. The information is input directly into the app by the customer, who also has the option “Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; (d) Procedures to insure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 23 of attaching pictures to the request. Once submitted, a Service Request Number is generated, and the stand-by staff member receives an automated notification that a new request has been submitted. The stand-by staff is provided with a City vehicle and a City cell phone to ensure timely response. Staff follows the Monitoring and Reporting Program for the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order NO. WQ 2013-0058 EXEC, specifically Table 2- Notification, Reporting, Monitoring, Record Keeping Requirements and as referenced in the CSM-SSORP. (b) The Wastewater Management Division, CSM workgroup maintains an Overflow Emergency Response Plan (CSM-OERP) which addresses procedures to properly respond to SSOs including but not limited to investigation, main line assessment, traffic control, corrective action, volume estimation, clean-up, sampling of receiving waters, notification and incident documentation. Staff uses an SSO Check List (Figure 6-1) to ensure notifications, reporting and document filing is properly and timely completed. (c) The WMDs CSM-OERP Section (V)(B), SSO Notification Contact List, is followed to ensure prompt notification to regulatory agencies. The CSM-OERP directly references the State Water Resources Control Board Monitoring and Reporting Program No. 2006-0003-DWQ (Revised Order No. WQ 2013-0058-Exec), the California Water Code, California Health and Safety Code and requirements placed on us by the Regional Water Quality Control Board (RWQCB). In addition, the SSO Notification Contact List contains information of other non-regulatory entities that could be impacted by a SSO event (Figure 6-2) (d) Staff is made aware of the CSM-OERP and is trained on the procedures on a routine basis. The City’s Technical Library for Standard Specifications requires contractors to exercise every reasonable precaution to protect channels, storm drains and bodies of water from pollution. The City’s Construction Management Division requires contractors to develop their own SSO Prevention and Response plan. In addition, all contractors shall comply with provisions of all applicable laws, ordinances and regulations. (e) The CSM-OERP provides guidelines to address emergency operations. Back-up coverage, in the form of personnel and/or equipment, is provided to ensure all possible situations are adequately managed. Listed under emergency rentals are Rain for Rent (pumps & aluminum pipe) and Alert-O-Lite (traffic control, trench plates, shoring & equipment rental). All staff have completed the Traffic Control Technician Training Course taught by Safety Center Incorporated. The City’s Police and Fire Departments are also available to assist in traffic and crowd control situations that are beyond the scope of the Division personnel. (f) The CSM-OERP provides guidelines to minimize sewage from reaching waters of the state. First responders assess the area impacted by the SSO identifying receiving waters, watercourse and storm drainpipe inlets. Containment of the SSO is done using sandbag barriers to stop sewage from entering storm drainpipe inlets. If necessary, Fresno Metropolitan Flood Control District can be contacted for access to basins feeding into the San Joaquin River. Initial and follow-up water quality sampling will be performed by a consultant (Krazan & Associates). City of Fresno Sewer System Management Plan - 2019 24 Figure 6-1. SSO Check List City of Fresno Sewer System Management Plan - 2019 25 References Overflow Emergency Response Plan (Appendix E) City of Fresno Sewer System Management Plan - 2019 26 7.FOG CONTROL PROGRAM (a) The City of Fresno has launched several public information campaigns to educate the public on the proper disposal of fats oils and grease (FOG). “The Drain is not a Trash Can” / “Scrape it Don’t Grind It” (2005), “Trash the Grease” (2011) and “If It’s Not Toilet Paper, Don’t Flush It” (2013) were campaigns developed to raise awareness of the impact of improper disposal of products down drains or toilets that could build up in pipes and cause sewer backups. These campaigns also developed posters for food services establishments (FSEs) listing Best Management Practices (BMPs) for proper disposal of yellow grease, food waste or brown grease. BMPs are distributed during FSEs inspections and are required to be posted at visible locations for employee awareness. In addition, brochures, refrigerator magnets, door hangers and bill inserts with the campaign slogans and BMPs are used to convey the message. Each year, the City strategically places FOG outreach information for the general public through radio, television and newspaper ads during Holidays such as Thanksgiving and Christmas, when potential to sewer backups due to grease are at its highest. In addition, the City uses “Utility Zone,” a monthly bill insert, to promote proper disposal of FOG. Information (including a Fats, Oils and Grease Fact Sheet) is posted on the City’s website: https://www.fresno.gov/publicutilities/trash-disposal-recycling/fats-oils-grease/ (b) The Collection System Maintenance (CSM) workgroup maintains the sanitary sewer system through a preventive maintenance program. Grease and debris found during scheduled or unscheduled maintenance of main sewer lines are vacuumed and disposed of at a designated site located at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF). “Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal of devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 27 FSEs dispose of their “yellow grease” through recycling companies. Interceptors or grease traps with “brown grease” are required to be cleaned at least quarterly or more often if deemed necessary after an FSE inspection. This is done by haulers certified by the State of California and Fresno County Health Department. The County requires haulers to indicate disposal location(s) and tracks their activities and manifests to ensure proper and legal disposal of the contents of the interceptor. Since 2012, the RWRF accepts waste from FSEs which goes into an Anaerobically Digestible Material (ADM) Receiving Station for the purpose to generate additional methane gas for reuse. RWRF permits FOG waste haulers disposing into the facility and ensures FSEs are utilizing a hauler permitted by the State regardless of their final disposal place. (c) The Fresno Municipal Code carries the legal authority to enforce existing mandates to ensure proper management and disposal of grease waste as well as the authority to inspect, permit and /or issue penalties or administrative fines to business if found in violation of the code. The City has issued notices of violation with administrative penalties and cost recovery charges to businesses found not in compliance with the Code or illegally dumping debris in the sewer system (Figure 7-1). (d) The Fresno Municipal Code requires installation of pretreatment devices such as grease removal equipment for all food service establishments. In addition, it lists specific BMPs to be followed by staff with specific requirements such as signage, permits, maintenance records, inspection and reporting requirements as specified in the Wastewater Discharge Permit (e) The Fresno Municipal Code gives the authority to inspect and permit food service establishments. The code also gives authority to address violations with Administrative Penalties. The City ensures enough staff is allocated to meet inspection and permitting goals for the fiscal year. Over 300 FSEs are inspected and permitted annually. The “Food Service Establishment Site Inspection Form” (Figure 7-2) helps assess the condition of the establishment’s grease removal devices, frequency of cleaning, best management practices and proper disposal of their waste. The “Food Service Establishment Wastewater Discharge Permit” (Figure 7-3), is issued after the site inspection and provides a list of requirements for the business to follow including the frequency in which the grease removal equipment should be maintained. (f) Data from sewer line inspections is entered into the “FOG Program Report,” a spreadsheet with information of sewer mains blockages caused by grease. This report summarizes information on failure analysis (cause), response time, responding staff, and maintenance required or performed for inspected sewer infrastructure. Data from this spreadsheet is used to graph and determine trends that will help identify cleaning frequency for critical and non-critical areas and will prioritize the schedule for manhole inspection, chain flail, video inspection, chemical root control, grease control and sewer line spot repairs. The program tracks areas of high maintenance defined as “Enhanced Maintenance” cleaning areas. Each quarter, the list is updated and locations are given priority for maintenance and inspection. Results are tracked and trended to evaluate status and/or improvement. (g) The City of Fresno’s Pretreatment Program includes a Chapter addressing Fats Oils and Grease with requirements to inspect and permit all food service establishments. Inspecting and permitting areas of concern is prioritized according to the areas of higher maintenance needs. Sewer line blockages due to excessive grease accumulation are investigated to find the possible location/business or residential area causing the problem. Follow up investigations will determine if door hangers for residential outreach or a full inspection and permitting for a business is needed to eliminate the cause of the grease build up and improve the condition of the line. References: Fresno Municipal Code; Chapter 6; Article 3 Sewage and Water Disposal; Sec 6-321.1 Fats, Oil and Grease (FOG) Control Program. (Appendix B) City of Fresno Sewer System Management Plan - 2019 28 Figure 7-1. Notice of Violation City of Fresno Sewer System Management Plan - 2019 29 Figure 7-2. Food Service Establishments - Site Inspection Form City of Fresno Sewer System Management Plan - 2019 30 Figure 7-3. Food Service Establishment - Wastewater Discharge Permit City of Fresno Sewer System Management Plan - 2019 31 8.SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN The City of Fresno owns and maintains the wastewater collection system comprised of approximately 1,606 miles of pipe ranging from 4” to 84” in diameter, over 24,000 manholes and 15 sanitary sewer lift stations. The City prepared a Wastewater Collection System Master Plan (Master Plan) to enable the City to continue providing adequate sewer capacity for current and future customers. According to the 2025 General Plan, the city’s population will increase from 482,000 in year 2000 to 790,000 in 2025. The goal of the project is to develop a long-range planning document that will assist the City’s staff with managing the collection system capital improvement program and update impact and connection fees. Specific objectives of the project include: •Identifying and evaluating improvements to the existing and future collection system necessary to serve proposed growth; •Developing a comprehensive capital improvement program that includes hydraulic projects as well as rehabilitation projects to address corrosion: and “The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escapes from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including major components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with SSMP review and update requirements as described in Section D. 14.” (State Water Resource Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 32 •Reviewing impact and connection fees for adequacy to recover rehabilitation and growth costs. The City’s recognizes the need for a Master Plan to be used as a comprehensive planning tool to help determine existing and future sewer capacity needs. The Master Plan is updated on a five-year frequency, or sooner if significant changes to the planning assumption occur. Revision to the Master Plan was done in 2006 by Brown and Caldwell. The revision included: •Review of the City’s physical collection system, including local drainage basins, pipes, and special diversion structures (Chapter 2); •Review of all current and future land use (Chapter 3); •Development of current and projected flow rates during dry and wet weather and evaluation of how much extra flow from rainfall is present (Chapter 4); •Development of a state-of -the art fully dynamic model (Chapter 2); •Hydraulic analysis of the system under current and future conditions (Chapter 5); •Development of a Capital Improvement Program, prioritization and cost estimates for projects to address existing and future needs including rehabilitation projects (Chapter 6); •Financial analysis of the impacts of the recommended projects; •Evaluation of collection system maintenance programs. In July 2010, and as part of the 2006 Master Plan Revision, Blair Church and Flynn documented for the City the conditions of 17.5 miles of reinforced concrete pipe, standard concrete pipe and asbestos-cement pipe sewers from 12 inches up to (not including) 27 inches in diameter. This evaluation was done using detailed information from CCTV inspections performed from 2005 through 2009. This report provided the basis for sewer remediation recommendations for approximately 11 miles of sewer lines. On July 2, 2013, the City Council approved an agreement with Carollo Engineers for the update of the 2006 Master Plan with three major components: 1.Development of an accurate flow model. 2.Periodic condition assessment of the existing collection system. 3.Development of a prioritized schedule of future capital improvement projects to be completed over the next 25 years. The City developed an “all-pipe” model of the existing collection system within the H2OMAP Sewer Hydraulic Modeling Software package developed by Innovyze. Part of the Master Plan is to review the existing hydraulic model and refine it with additional information from field surveys, details of critical diversion manholes, details of lift station infrastructures, development of diurnal patterns for specific areas for industrial users and development of wet weather flow parameters specific to each flow monitoring basin. In January 2014, Carollo Engineers presented a draft Wastewater Collection System Master Plan Update, Technical Memorandum No.1 describing the update and calibration of the City’s collection system hydraulic model. The final draft was completed in September of 2015. City of Fresno Sewer System Management Plan - 2019 33 Each year, Sewer Capital Projects costs with a five-year projection model are analyzed during budget preparation and presented to Council for approval. FY2019 Collection Capital Projects shows a summary and a detailed breakdown of sewer projects including main line and lift stations emergency repairs, lift station scheduled rehabilitation projects, manhole and mainline rehabilitation and other sewer collection improvement projects with an estimated 5-year budget projection. Each project is managed by the Utilities Planning & Engineering workgroup. References: Wastewater Collection System Master Plan – 2006 (Appendix F-Disk) Wastewater Collection System Master Plan – 2015 Final Draft (Appendix F-Disk) CCTV Inspection and Evaluation for Mid-Sized Concrete Sewers – (WMD CSM Library) FY19 Budget for Sewer Capital Projects- (Appendix G) City of Fresno Sewer System Management Plan - 2019 34 9.MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS (a) The City of Fresno maintains information in various databases and spreadsheets that helps establish areas of priority for adequate maintenance of the collection system. Records are analyzed for trends that indicate potential failure of the system from deterioration, blockages and other factors. Databases integrated with geographic information systems, work order management programs and finance systems greatly enhance the effective management of the collection system. Following are documents/programs used to collect data that help establish maintenance priorities: Databases: •Hansen - Computerized Maintenance Management System (CMMS). •PipeTech Software. •i-View Geographic Information System Wastewater Management Division – Web-Based Query Applications: •Hansen Work Order Cost Query Tool •Monthly Average Response Time. •Daily Hansen Pipe/Water Query •Date Range Hansen Pipe/Water Query •Parts and Materials Expenses per Quarter. •Pipe Rating Assessment. Collection System Maintenance Electronic Files: •“Basin Cleaning Cycle” – Excel Spreadsheet outlining Preventative Maintenance Cleaning Cycle. •“High Frequency List” – Excel Spreadsheet listing Maintenance Schedule for “Enhanced Maintenance” cleaning areas. “The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventive maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and (e) Identify and illustrate SSO trends, including: frequency, location, and volume.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 35 • “Mile per Work Day per Month” – Excel Report documenting cleaning performance. All preventive and corrective maintenance uses the sewer line ratings from the CMMS. Pipeline Assessment Certification Program coding is stored in PipeTech as sewer lines are video inspected. I-View, a customized geographic information system, links all of the databases within the mapping system. In addition, data is maintained in electronic files and is used to graph trends that will help identify problem areas, determine the cause of the problem, schedule maintenance priorities and provide information for the Division’s performance measures. (b) The City’s SSMP is a comprehensive and evolving document that is revised as evaluation of the collection system is performed on a routine basis. Overall performance is evaluated and reported to management during monthly and quarterly reviews. Self-audits of the SSMP are performed on an annual basis and schedules for preventive or corrective maintenance are adjusted according to the needs. Performance measures related to the SSMP are reviewed and revised on a yearly basis during the self-audit. (c) The City maintains the sewer collection system through scheduled, periodic inspection and cleaning of the sewer lines and lift stations. Root control is done in-house, on a scheduled basis, in areas with known root issues. Video inspection is performed on sewer lines to assess conditions previous to repair. Lift stations are on a SCADA system that sends alarms to Collection System Maintenance Operators when levels reach warning set points. Data is maintained in electronic files for trending of maintenance and repair needs. Preventive inspection of mainlines has resulted in early detection of collection system failures. Sewer lines are repaired on a preventive rather than an emergency basis. Due to regulatory prohibition of SSOs by the WDR-SSS, preventive maintenance of sewer lines is high in priority with a focus on “Enhanced Maintenance” areas. Sewer lines up to 15” are scheduled to be performed once a year and lines 16”- 24” are done every two years. “Enhanced Maintenance” areas are scheduled on 30-. 60-, 90-, 180- and 365-day intervals. Training and use of new technology is encouraged. The efficiency on day-to- day tasks have improved due to the use of laptops that allows accessing databases through the I-View portal in the field. Inspections of Food Service Establishments (FSE) were performed under the Pretreatment Program totaling over 1,300 FSEs inspected on a 4-year period. By the end of 2013 Wastewater Discharge Permits were issued to all inspected FSEs requiring scheduled maintenance of grease traps and interceptors as well as implementation of Best Management Practices. One of the indicators used to assess the success of the current preventive maintenance program can be summarized with the “FOG Program Report.” This report shows the trend of sewer main blockages caused by FOG between a running period from 2004 through 2008 and from 2009 through 2013. The report summarizes information on failure analysis (cause), response time, responding staff, and maintenance required or performed for inspected sewer infrastructure. The first period running from 2004 through 2008 showed approximately 412 sewer main blockages within the City limits. The following period running from 2009 through 2013 showed improvement with only 160 blockages. The City has maintained this improvement for 2014 through 2018, with only 154 blockages. City of Fresno Sewer System Management Plan - 2019 36 Lift Station preventive maintenance is scheduled on a 90-day basis. The SCADA system was moved to Wastewater Management Division’s control. Updates of the programming improved the alarm response system decreasing the number of false alarms. Lift station alarms reaching levels as high as 106 for the last quarter of 2012 decreased to 45 for the last quarter of 2013. There were 21 lift station alarms in the last quarter of 2018. Figures 9-1, 9-2, 9-3 and 9-4 show sewer problem areas mapped according to plats and the difference between the periods ending 2008, 2013 and 2018. Figure 9-1. Sewer Main Line Blockages due to FOG- Period 2004-2008 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 04 1 thru 4 0457 0458 0459 0460 0461 0462 04 05 5 thru 8 0557 0558 0559 0560 0561 0562 05 06 9 thru 15 0657 0658 0659 0660 0661 0662 06 07 16 thru 25 0755 0756 0757 0758 0759 0760 0761 0762 07 08 FROM 2004-2008 0855 0856 0857 0858 1 0860 0861 0862 08 09 0954 0955 0956 1 0958 0959 0960 0961 0962 09 10 1054 1055 1 1057 1058 1059 1060 1061 1062 10 11 1143 2 1 1146 1147 1148 1149 1 1151 1152 1153 2 1 1156 1 1158 1159 1160 1161 1162 11 12 1242 1243 1244 1 1 1247 1248 1249 1250 1251 1252 1253 1254 1255 3 1257 1258 1 1260 1261 1262 12 13 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 2 1359 1360 1361 1362 1363 13 14 1441 1442 1 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1 1458 1459 1460 1461 1462 1463 14 15 1541 1542 1543 1544 1545 1 1547 1548 1549 1550 1551 1 1 1554 1555 1556 1 1 0 1560 1561 1562 1563 15 16 1641 1642 6 1644 1645 1646 1647 1648 1649 1 1651 1652 1653 1654 1655 1 1657 1 1659 1660 1661 1662 1663 16 17 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 5 1 1 1754 1 4 1757 2 2 1760 1761 1762 1763 1764 1765 1766 1767 17 18 1841 1842 1843 1844 1845 1846 1847 1 1849 1850 1851 3 1853 1854 1 1 2 1 7 1 1 1862 1863 1864 1865 2 1867 18 19 1941 1942 1943 1944 1945 1946 1947 1 1 1950 1951 1 1953 1954 1955 2 2 1958 2 1960 1961 1962 1963 1964 1 1 1967 1968 19 20 2042 2043 2044 2045 2046 1 2048 2049 4 1 2 4 3 5 2 2 1 1 2 1 2062 2063 2064 2065 2066 2067 2068 2069 20 21 2142 2143 2144 2145 1 1 2148 2149 2150 2 1 1 8 5 1 2 2 2159 1 2161 2162 2163 2164 2165 2166 3 2168 2169 2170 21 22 2242 2243 2244 2245 2246 2247 2248 2249 2250 4 2252 2253 16 4 4 4 2258 2259 1 2261 2 2 2264 2265 2266 2267 2268 2269 2270 22 23 2342 2343 1 2345 2346 2347 2348 2349 2350 2351 3 4 7 7 3 3 5 2259 2360 2361 2362 2 1 2365 2366 2367 2368 2369 23 24 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 5 6 6 5 1 1 4 2 2 1 2462 2463 2464 2465 2466 2467 2468 2469 24 25 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 1 2 1 10 7 1 3 5 6 1 2562 2563 2564 2565 2 2567 2568 2569 25 26 2642 2643 2644 2645 2646 2647 2648 2649 1 2651 1 1 2 8 2656 2657 1 1 2660 7 2 2663 2664 1 2 2667 2668 2669 26 27 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 2752 6 6 13 2756 9 1 4 2760 3 1 2763 2 2765 1 2767 2768 2769 27 28 2842 2843 2844 2845 2846 2847 2848 2849 2750 2851 1 2853 4 2 2856 1 15 5 2860 1 2862 2863 2864 2865 2866 2867 2868 2869 28 29 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2 1 2955 2 2 2958 2959 1 1 2962 2963 2964 2965 1 1 2968 2969 29 30 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 1 3060 1 1 3063 3064 1 3066 1 3068 3069 30 31 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 7 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 31 32 3242 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 3262 3263 3264 3265 32 33 3354 4 3356 3357 3358 3359 3360 3361 33 34 3454 3455 3456 3457 3458 3459 3460 3461 34 35 3558 3559 3560 3561 35 36 3658 3659 3660 3661 36 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 NUMBER OF MAINLINE STOPPAGES City of Fresno Sewer System Management Plan - 2019 37 Figure 9-2. Sewer Main Line Blockages due to FOG- Period 2009-2013 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 04 1 thru 4 0457 0458 0459 0460 0461 0462 04 05 5 thru 8 0557 0558 0559 1 0561 0562 05 06 9 thru 15 0657 0658 0659 0660 0661 0662 06 07 16 thru 25 0755 0756 0757 1 0759 0760 0761 0762 07 08 FROM 2009 TO 2013 0855 0856 0857 0858 0859 0860 0861 0862 08 09 0954 0955 0956 0957 0958 0959 0960 0961 0962 09 10 1054 1055 1056 1057 1058 1059 1060 1061 1062 10 11 1143 1144 1 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 11 12 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 12 13 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 13 14 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 14 15 1541 1542 1543 1544 1545 1546 1 1548 1549 1550 1551 1552 1553 1554 1555 1556 1 1 1 1560 1561 1562 1563 15 16 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1 1654 1 1656 1657 1658 1659 1660 1661 1662 1663 16 17 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1 1 1754 1755 3 1757 1758 1 1760 1761 1762 1763 1764 1765 1766 1767 17 18 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 3 2 1853 1854 1855 2 1 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 18 19 1941 1942 1943 1944 1945 1946 1947 1948 1949 1 2 1 1953 2 1955 5 1 1958 3 1960 1961 1962 1963 1964 1965 1966 1967 1968 19 20 2042 2043 2044 2045 2046 2047 2048 2049 4 2051 2052 4 4 1 1 1 1 2 2060 2061 2062 2063 2064 2065 2066 1 2068 2069 20 21 2142 2143 2144 2145 2146 2147 2148 2149 2150 3 2 3 4 3 2156 1 2 1 2160 1 2162 2163 1 2165 2166 2167 2168 2169 2170 21 22 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 1 4 7 2255 2256 2257 2258 1 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 22 23 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 1 1 2 1 1 1 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 23 24 2442 2443 2444 2445 2446 2447 2448 2449 2450 1 2452 4 3 4 2 2457 2458 2459 1 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 24 25 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 2552 2553 1 3 2556 2557 2 1 1 2561 2562 2563 1 2565 3 2567 2568 2569 2570 25 26 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2 2654 5 2656 2 1 2659 2660 1 2662 2663 1 2665 2666 2667 2668 2669 2670 26 27 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 2752 1 1 1 2756 2757 1 1 2760 1 2762 2763 2764 2765 2766 2767 2768 2769 2770 27 28 2842 2843 2844 2845 2846 2847 2848 2849 2850 2851 2852 1 3 2855 2856 2857 2 2859 2860 1 2862 2863 2864 2865 2866 2867 2868 2869 2870 28 29 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2 2 1 3 2957 2958 2959 1 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 29 30 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 30 31 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 31 32 3242 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 3262 3263 3264 3265 32 33 3354 1 3356 3357 3358 3359 3360 3361 33 34 3454 3455 3456 3457 3458 3459 3460 3461 34 35 3558 3559 3560 3561 35 36 3658 3659 3660 3661 36 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 NUMBER OF MAINLINE STOPPAGES Last update January 2014 City of Fresno Sewer System Management Plan - 2019 38 Figure 9-3. Sewer Main Line Blockages due to FOG- Period 2014-2018 City of Fresno Sewer System Management Plan - 2019 39 Figure 9-4. FOG Trend by Sewer Area Plats (d) SSMP self-audits are performed each year to ensure the program elements are upgraded when needed. New equipment or systems are budgeted, purchased and implemented each fiscal year. Monitoring of “Enhanced Maintenance” areas resulted in the purchase of SmartCover® manholes which have helped monitor locations of known SSO history. SmartCover® manholes have, on more than one occasion, prevented a potential SSO event from occurring. Customer calls regarding roach infestation resulted in the implementation of preventive maintenance of areas of known concern. Assessment of the work performed by contracted root control resulted in the implementation of an in-house root control program. Database queries have been developed to access information that will help prioritize the maintenance of sewer mains. These queries rate the priority placed for further line assessment or repair for sewer main lines; assess lift station alarms and details that help make maintenance or replacement decisions; and show operators’ response time for customer calls, type of calls and follow up with a Request for Service or Work Order when needed. Staff has been trained on accessing information in the field through the use of laptops which allow access to I-View, enabling operators to open and close work orders in the field, access the main line mapping system, access historical data of the location being serviced and any other information related to the job to be performed on site. Periods from 2004-2009 2009-2013 and 2014-2018 City of Fresno Sewer System Management Plan - 2019 40 (e) The City uses information from the California Integrated Water Quality System (CIWQS) to determine trends and to compare its performance against the State and the Region Municipal averages (Figure 9-5). At the end of year 2018, the City’s Spill Rate Index (# spills/100mi/year) and Net Volume Spills Index (Net Volume in gallons /1,000 Capita/year) were low in comparison to the State and Region averages: Figure 9-5 CIWQS City of Fresno Spill Summary The City has a performance goal of “zero SSO” aligning with the WDR-SSS discharge prohibition for SSOs (Figure 9-6). The measure is revised on a monthly basis. Figure 9-6. Goal – “Zero SSO per 100 Miles/Month” City of Fresno Sewer System Management Plan - 2019 41 The City keeps electronic and hardcopy files accessible to all operators with information on each SSO occurrence, emergency response, documentation, investigation, follow up and certification. Reports can also be summarized from CIWQS (Figure 9-7). The link to all SSO electronic filing systems in the Division’s network can be found at I:\Sewer\O&M Supervision\SSO. Hard copy files as well as flash drives containing the electronic files are also stored on site in the City’s Collection System Maintenance Building. Figure 9-7. Summary of Certified SSO events 2014-1018. City of Fresno Sewer System Management Plan - 2019 42 Figure 9-8. Causes of SSO’s City of Fresno Sewer System Management Plan - 2019 43 Figure 9-9. City of Fresno Gallons of Sewage Collected/Gallons Spilled City of Fresno Sewer System Management Plan - 2019 44 10.SSMP PROGRAM AUDITS The City has performed annual self-audits of the Sewer System Management Plan (SSMP) tying it to the annual budget process and approval related to capital improvement projects, operation and maintenance expenditures and annual performance measures and Pretreatment Program inspections. Self-audits for 2011, 2012 and 2013 are on file at the Wastewater Management Division. The City will audit its SSMP either annually or bi-annually to ensure its compliance with Waste Discharge Regulations (WDR). During 2013, performance measures for the Collection System Maintenance reflected changes established by the revised Monitoring and Reporting Program (MRP) regarding the definition and categorization of Sanitary Sewer Overflows (SSO). These changes resulted in updates on the charting of performance measures, retraining of staff and implementation of updated SSO emergency response and notification procedures. Performance measures for calendar years 2016 through 2018 were used to evaluate the efficiency and competitiveness of the City’s collection system maintenance program. Performance measures related to the effectiveness of the SSMP are: 1.Sanitary Sewer Overflows (SSO) Category 1 2.Sanitary Sewer Overflows (SSO) Category 2 3.Sanitary Sewer Overflows (SSO) Category 3 4.Customer Reported - Sewer Mainline Blockages 5.Average Field Response Time 6.Average Cost of Sewer Mainline Cleaned / Foot 7.Sewer Mainline Cleaned / Miles 8.Sewer Mainline Video Inspected 9.Average Cost of Video Inspection 10.Lift Station Telemetry Alarms Effectiveness of the SSMP The following actions have taken place to help achieve the “Zero” SSO goal: •Monitor the Preventative Maintenance schedule and alter as necessary to accommodate the changing conditions based on the operator’s feedback of the mainline to confirm that the scheduling is appropriate. “As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 45 •Assign staff to do periodic checks on mainlines that have historically had issues and determine the long term solution whether schedule repairs or replacement of the asset. •Ensured availability of a broader network of new technology, new applications and use of appropriate tools to perform the day-to day tasks. •Increased communication with the Division’s Environmental Control workgroup to address Fats, Oils and Greases issues from commercial users, including inspection and permitting of food service establishments (FSEs). Over 300 FSE were inspected during 2018. •Trained Collection System Operators on the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR-SSS) encouraging California Water Environment Association (CWA) certification and continuous training when available. •Informed the general public of the WDR-SSS, defining SSOs through messages on posters, door hangers and bill inserts addressing best management practices to minimize introduction into the collection system of grease and other blockage causing products. •Started a public information campaign to address impacts of non-dispersable, unflushables items being disposed of down the toilet. The list of “unflushables” can be found in handouts, newspapers and TV ads and in the City’s website. •Completed rehabilitation projects listed on the Division’s Capital Improvement Program. This is a continuous process that is updated each year during budget season. •Responded and visually assessed all customer referrals related to potential sewer blockages. •Installed SmartCover® manholes on various key areas effectively preventing SSOs from occurring. •Increased the in-house spot repairs program, customer service and response program and established goals for miles per work day cleaned and percentage of miles per month video inspected. •Developed an in-house SSO volume estimation application/procedure that includes visuals using pictures with manholes and flows mimicking the actual SSO and flow monitoring devices to determine baseline of main line flow prior to the SSO. •Lift stations’ SCADA is now managed by the Division, resulting in a better handle of issues and alarms as noticed on the performance measures graph. Compliance During 2018, WMD was not able to achieve the WMD performance measure goal of “Zero” SSOs, averaging 1.42 per month of Category 1, 2, and 3 combined. The City of Fresno is in the Fresno Metropolitan Flood Control District (FMFCD) who owns and maintains a network of receiving storm water basins. Updated information provided to the City of Fresno indicates that less than 50% of all FMFCD basins have the potential to discharge into waters of the USA. However, before the revisions of the new MRP were in effect, WMD considered an SSO any spill entering any FMFCD basin regardless of its potential to discharge to surface water and regardless of sewage being fully recovered from the storm basin. City of Fresno Sewer System Management Plan - 2019 46 The following are actions to be taken to achieve the goal of “Zero” SSOs: •Determine a sustainable maintenance schedule for specific sewer lines with no history of blockages within the last 5 years. •Increase preventive maintenance of sewer lines that have shown history of blockages within the last 5 years. •Continue determining root cause of blockages (grease, roots, structural, sewer line capacity, education) and address those properly. •Require certification through CWEA on all new recruitments and encourage participation in field relevant educational programs to ensure standardization of operating procedures for preventive, corrective and line assessment day-to-day tasks. •Continue public information campaigns to address SSO prevention by waste minimization and public awareness of the State WDR for Sanitary Sewer Systems. •Implement internal annual audits and annual reports to ensure performance goals are achieved or if modifications to the program are needed. Future audits will address activities, efficiency and compliance for a calendar year for all areas including performance measures. •Continue assessment of sewer lines through video inspection or preventive maintenance to help build up future capital improvement projects. •Assessments of all lift stations to address aging infrastructure that may need rehabilitation or major repairs. •Establish a manhole rehabilitation project to determine priorities of manholes to be rehabilitated or repaired. The effectiveness of the program can be summarized as follow: •Overall decrease of FOG caused blockages as described in the FOG Program Report. The first running period of this report, from 2004 through 2008, showed approximately 412 sewer main blockages caused by FOG within the City limits. The running period from 2009 through 2013 showed vast improvement with 160 blockages for the following 5-year period, a 61% reduction. This trend has continued from 2014-2018 with 154 total blockages during this time span. (Chapter 9. Monitoring, Measurement, and Program Modifications, Figures 9-1, 9-2, 9-3 and 9-4) •Overall decrease in lift station alarms going from 118 per one single quarter by the end of 2012 to 57 alarms the last quarter of 2013, a 52% reduction. This number continues to decrease, with 21 alarms for the last quarter of 2018. •Overall increase of capital improvement projects or emergency repairs resulting from preventive/routine assessment of main lines without an SSO event. •Operators’ engagement and contributions to improvement processes. Development of in-house flow estimation charts and visual aids; development of specialized crews for in- house spot repairs. •Operators’ ability to better interpret and understand requirements of the new MRP through continuous training and tailgates. This leads to implementation of systems, applications or programs that utilizes the various databases to provide relevant information to continue process improvements to effectively implement the SSMP. City of Fresno Sewer System Management Plan - 2019 47 References Wastewater Management Division – Collection System Maintenance Performance Measures (Appendix H) City of Fresno Sewer System Management Plan - 2019 48 11.COMMUNICATION PROGRAM The City has various venues for community outreach including bill inserts, surveys, handing out informational brochures at community events, presentations to neighborhoods or other community associations. In 2005, the City started public outreach campaigns providing best management practices (BMPs) for residential customers and food service establishments. “The Drain is Not a Trash Can” and “Scrape it, Don’t Grind it” slogans to address fats, oils and grease (FOG) and control the introduction of organic material (BOD) and total suspended solids (TSS) to the collection system and reclamation facilities were introduced to the public through public service announcements (radio) and televised commercials and interviews. In 2007, staff met and/or provided information to all City Councilmembers regarding the Statewide General Waste Discharge Requirements for Collection Systems. The meeting helped educate Councilmembers on the goals and requirements of the general WDR and sought support and approval for the SSMP’s proposed Development Plan and Schedule. It also provided a venue to discuss upcoming amendments to the Fresno Municipal Code to include the Fats Oils and Grease Program. The SSMP Development Plan and Schedule was approved July 2007. Inspections of food service establishments (FSEs) are in full force and permits have been issued since 2008. By 2013, over 1,300 FSEs have been inspected and issued a Wastewater Discharge Permit indicating requirements for grease trap or interceptor cleaning frequency. During the fourth quarter of 2018, 50 FSEs were inspected. The database has been updated to reflect 1,774 FSEs permitted. Inspections provide FSEs with information on the program and signage requirements for recommended BMPs for proper disposal of fats, oils and grease. During 2013, the City initiated the “If it’s Not Toilet Paper Don’t Flush It” campaign. This is an important campaign due to the impact of products labeled “flushables” that creates blockages in private and public mainline sewers, or gets into sewer pumps creating potential SSO issues. “The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system” (State Water Resource Control Board Order No. 2006-0006-DWQ,Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 49 The Department of Public Utilities uses monthly bill inserts to convey messages from each Division to the public. This media is used to educate the public about sanitary sewer overflows, the SSMP, and a yearly progress of the number of SSO events per 100 miles of sewer in comparison with the State’s average. The City also uses this media to inform the public of the emergency response number to call in the case of an SSO. Information regarding the Statewide WDR is spread through newspaper media, utility bill inserts, and the City’s webpage. Various news articles have been prepared highlighting the work of the CSM Workgroup. In January of 2019, Trenchless Technology Magazine, a publication geared toward the underground infrastructure market, published an article titled “The City of Fresno Uses Chemical Root Control to Keep Pipes in Top Condition.” This article highlights the success the City has had in controlling roots once it began its use of Vaporooter chemical root control products, and how this process has been integrated into its three- year root treatment cycle. As the various elements of the SSMP are being implemented, continuous evaluation through annual performance measures will provide the necessary feedback for adjustment needed to fulfill the goals of the program. The City is looking into sharing the progress of the SSMP through an annual report, listing the main performance measures, improvements needed, future development, success stories and public feedback. References https://www.fresno.gov/publicutilities/trash-disposal-recycling/fats-oils-grease/ https://trenchlesstechnology.com/fresno-uses-chemical-root-control-to-keep-pipes-in- top-condition/ Utility Zone Bill Inserts (Appendix I) City of Fresno Sewer System Management Plan - 2019 50 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1775 Agenda Date:6/13/2019 Agenda #: 1-BB REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:JERRY L. SCHUBER, SR, Assistant Director Department of Public Utilities, Solid Waste Management Division BY:BRITTANIE FECHNER, Management Analyst II Department of Public Utilities, Solid Waste Management Division SUBJECT Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling,LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid-Valley Recycling, LLC 2.Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP RECOMMENDATIONS Staff recommends the City Council approve a First Amendment to the Service Agreement with Mid-Valley Recycling,LLC (Mid Valley),approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP (CARTS)and authorize the Director of Public Utilities,or designee,to execute all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On July 1,2016,City Council adopted the Service Agreements (Agreements)with Mid Valley and CARTS (together, Service Providers)for the processing of residential recycling.The Department of Public Utilities proposes City Council approve the First Amendments to the Agreements with Service Providers.If approved,the First Amendments would revise the Service Providers’per-ton payment to the City to the proposed revised payments schedule,reflecting the downturn of the recyclables market;and revise the recycled fiber market index to the PPI Recovered Paper -Export Market Index,Mixed Paper (54)-Official Board Markets Los Angeles commodity designation,as the previously-named index is no longer operative. BACKGROUND The City Council entered into Agreements with the Service Providers on July 1,2016,for the processing of residential City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1775 Agenda Date:6/13/2019 Agenda #: 1-BB The City Council entered into Agreements with the Service Providers on July 1,2016,for the processing of residential recycling collected by the City.The Agreements allowed the City to receive a revenue share of the materials processed and sold by both Service Providers with a minimum floor of $1 per-ton.The Agreements were explicit in determining the floor of the recycling markets. Since the origination of the Agreements,recycling markets have seen a sharp decline.This decline is due to the reduction of materials accepted by international markets.In 2018,the Chinese government implemented a series of waste import restrictions known as “National Sword”,which limited or banned a variety of recyclable materials that had previously been accepted for processing.The restriction of the materials has created new challenges in the recycling industry since China was the largest market for recyclable materials.Other Southeast Asian countries have also imposed limitations or bans on these materials since China’s implementation,causing the markets to significantly decrease.As a result, overall revenues from recyclables have plummeted due to depressed commodity prices. This First Amendment was contemplated in the Agreements,which states that the Service Providers may submit a request for a price adjustment,along with documentation supporting the request,if the average monthly market price was less than $70 for two consecutive quarters.The Service Providers provided such documentation for a period of four quarters,along with a request to revise the payments schedule for recyclables in light of the stagnant markets.The increase in the payments schedule needs to take place in the second quarter of this year to be in compliance with the Agreement. City staff and the Service Providers met to identify the costs associated with the Agreements and established a new payments schedule,which allows for the Service Providers to receive compensation for processing the materials while still allowing for future flexibility for profit sharing with the City should the markets rebound.The proposed revised payments schedule in the First Amendment would cause the City to pay the Service Providers for recycling,as the Service Providers are not being compensated for recyclables collected at this time,and instead are incurring costs to handle the recyclable materials.If approved,payments to the Service Providers would occur in the second quarter of Fiscal Year 2019. Additionally,this First Amendment revises the recycled fiber market index to the PPI Recovered Paper -Export Market Index,Mixed Paper (54)-Official Board Markets Los Angeles commodity designation.This revision is due to the elimination of the market index stated in the Agreement.The proposed market index is similar to the market index described in the Agreement. City staff conducted a survey with surrounding municipalities to identify the trends that are they are experiencing within their own City.The Cities included in this survey were Visalia,Tulare,Bakersfield,San Diego,Selma,Santa Maria, Sacramento,Fremont,Los Angeles,and Clovis.The Cities of Tulare,Selma,and Clovis use outside haulers for their residential recyclables, which does not allow for an apple to apple comparison. Of the cities surveyed there were four that haul the recyclable materials within their city.Those cities are Visalia, Bakersfield,Los Angeles,and Santa Maria.Visalia and Bakersfield were willing to share the costs per ton for recyclable materials with City staff.The City of Visalia conveyed that they are currently paying roughly $24 per ton for their recyclable materials to be processed,whereas 6 months ago they were being paid for their recyclable materials.This has resulted in roughly a $30 per ton swing in costs.The City of Bakersfield shared that the city transports their materials and are currently paying $55 per ton to one Municipal Recycling Center and $90 per ton at the other.This is an increase of $30 per ton as of April 1, 2019. The City of San Diego contracts recycle collection services to IWS and Allan Company.From July 2017 to April 2018,the city was receiving $17 per ton flat rate for recyclable materials in addition to a 50%revenue sharing of all revenues in excess of $121.63 per ton.In May 2018,in response to the decline in the market,the City of San Diego suspended their City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1775 Agenda Date:6/13/2019 Agenda #: 1-BB flat rate as well as the revenue sharing from the contractors, resulting in a large revenue loss. The City of Fremont contracts the solid waste and recycles collection service to Republic Services.However,in September,the City of Fremont added a $1.50 recycling processing fee to the residents’monthly utility bill to help offset the costs of recycling related to the increased processing expenses and decline in the recycling market. If the City does not meet the 50%diversion rates as mandated by AB939,CalRecycle has the authority under PRC 41850 to fine the City up to $10,000 per day for non-compliance. The City’s Attorney’s Office has reviewed the First Amendments and approved 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” and is therefore exempt from the CEQA Guidelines requirements. LOCAL PREFERENCE Both processing facilities are within the City’s limits, thereby meeting the local preference designation. FISCAL IMPACT In Fiscal Year 2020,based on the current market value and the proposed revised payments schedule,the City anticipates an additional expense to the Solid Waste Enterprise Fund of approximately $429,000 in total processing fees.The recycling processing fees can vary with the fluctuation of the recyclables market. Attachments: Attachment 1 - First Amendment to the Service Agreement with Mid Valley Attachment 2 - First Amendment to the Service Agreement with CARTS Attachment 3 - Service Agreement with Mid Valley Attachment 4 - Service Agreement with CARTS City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into effective the 1 day of :S \A\'/ , 2016 , by and between the CITY OF FRESNO , a California municipal corporation (hereinafter referred to as "CITY"), and Mid-Valley Recycling , LLC , a Cal ifornia limited liability corporation (hereinafter referred to as "SERVICE PROVIDER"), individually each a "Party " and collectively "the Parties ." RECITALS WHEREAS , CITY desires to obtain Co-mingled Recyclables Processing services for materials collected by CITY and its agents , hereinafter referred to as the "Project "; and WHEREAS , SERVICE PROVIDER is engaged in the business of furnishing services as a Co-mingled Recyclable processor and hereby represents that it desires to and is physically and legally capable of performing the services called for by this Agreement ; and WHEREAS , SERVICE PROVIDER acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 ; and WHEREAS , this Agreement will be administered for CITY by its Director of Public Utilities (hereinafter referred to as "Administrator") or designee. AGREEMENT NOW, THEREFORE , in conside ration 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. Definitions . For the purposes of this Agreement, the definitions and identifications set forth below are agreed upon by the Parties . (a) Approval -shall mean a discretionary approval which shall not be unreasonably withheld , unless stated otherwise . (b) Business Day(s) -shall mean Monday through Saturday . (c) CITY's Representative -shall mean the Director of Public Utilities or his/her designee . (d) Contaminants -shall mean those chemicals , waste or other materials that render normally Recyclable Materials unusable or cause them to lose their market value . (e) Fiber Materials -shall include , but not be limited to , the following paper products: newspaper , mixed paper , office paper , computer paper, magazines , cardboard , -1- chipboard , paper bags , and telephone books . (f) Holiday(s) -shall mean Thanksgiving Day , Christmas Day , and New Year's Day . (g) Municipal Solid Waste ("MSW") -shall mean refuse , garbage , and trash , and may include food wastes , inorganics , and other materials not suitable for Recyclable Materials Processing . (h) Process or Processing -shall mean the method by which the SERVICE PROVIDER prepares the collected Recyclable Material for storage , shipment , and/or sale . (i) Processing Facility(ies) -shall means the location(s) where SERVICE PROVIDER Processes the collected Recyclable Material prior to storage , shipment and/or sale . The Processing Facilities for purposes of this Agreement are located at 2721 South Elm Avenue , Fresno, California , phone number (559) 237-9425 , and 15300 W. Jensen , Fresno , California , phone number (559) 843- 2467. U) Receiving Facility -shall mean the location where SERVICE PROVIDER receives deliveries of co-mingled Recyclable Material from CITY. The Receiving Facility location for purposes of this Agreement is 2721 South Elm Avenue , Fresno , California; phone number (559) 237-9425 . Any proposed change to the location of the Receiving Facility is subject to the approval of the CITY , which will not be unreasonably withheld. (k) Recyclable Material(s) (also "Materials ") -shall include , but not be limited to , the various grades of waste paper, newsprint , magazines , envelopes , telephone books , corrugated cardboard , chipboard , glass (colorless, green , or brown), metal , rigid beverage containers , thermoplastics (1 , 2, and 3), milk and juice containers (aseptic packages), and such other materials as mutually agreed upon in writing by the CITY and the SERVICE PROVIDER. Except as expressly provided herein , Recyclable Material shall not include any container which contains or has contained any hazardous waste or hazardous substance as defined in the California Health and Safety Code and/or any other material mutually agreed upon in writing by both Parties . (I) Ton -shall mean 2 ,000 pounds avoirdupois. (m) Working Day(s) -shall include all days the City of Fresno Recycling collection services are operational, as set by the City of Fresno solid waste collection schedule. SERVICE PROVIDER may petition CITY to modify these working hours to meet the conditions of its permit; however, CITY shall be under no obligation to agree to any modification. (n) Year -shall mean the anniversary date of the Effective Date of this Agreement. 2. Scope of Services . SERVICE PROVIDER shall perform to the satisfaction of CITY , the services described in Exhibit A , including all work incidental to or necessary to perform such services , even though not specifically described in Exhibit A. By -2- executing this Agreement, SERVICE PROVIDER guarantees it currently has the site capacity , staffing , and equipment to fully meet the requirements of this Agreement. 3. Non-Exclusive Agreement. CITY agrees to deliver to SERVICE PROVIDER 's Receiving Facility , on a daily basis , excluding Sundays , approximately 50 percent of Recyclable Materials it (or its agent) collects . SERVICE PROVIDER acknowledges and agrees this is a non-exclusive Agreement and CITY is not obligated by this Agreement to de liver a minimum amount of Recyclable Materials to the Receiving Facility , but only approximately 50 percent of whatever is collected . CITY will make best efforts to deliver Recyclable Materials of equitable quality to all service providers receiving Recyclable Materials each day. Furthermore , CITY makes no guarantee on tonnages of Recyclable Material to be anticipated by SERVICE PROVIDER , but w ill endeavor to avoid large fluctuations in the amount of material that is delivered to the Receiving Facility on any given day. CITY retains the right to divert negligible quantities of Recyclable Materials for various purposes at its sole discretion . 4. Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above ("Effective Date ") and shall continue in full force and effect for ten years , through June 30 , 2026 , subject to any earlier termination in accordance with this Agreement. The services of SERVICE PROVIDER as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion , but in any event , all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 5 . Business License . If the SERVICE PROVIDER does not have a City of Fresno Business License , it shall obtain such a license prior to the Effective Date of this Agreement and maintain it in effect throughout the term of this Agreement. 6 . Compensation. (a) SERVICE PROVIDER shall compensate CITY for each ton of Recyclable Material in accordance with the schedule set forth in Exhibit A , attached hereto and by this reference incorporated herein . (b) SERVICE PROVIDER shall provide quarterly statements accounting the calculated rebates owed to CITY , on January 15, April 15 , July 15 , and October 15 of each year. (c) SERVICE PROVIDER shall pay CITY quarterly . Such payment shall accompany each quarterly report. Should SERVICE PROVIDER fail to make payment to CITY within 30 days of the dates described in Subsections (a) and (b) above , SERVICE PROVIDER shall pay interest to CITY on such amount at the rate of 8 percent per annum , accumulated for each calendar day payment is late . (d) Contaminants . The Parties recognize that Contaminants lessen the efficiency of Processing and SERVICE PROVIDER incurs costs disposing of Contaminants . After two years from the Effective Date of this Agreement , if Contaminants -3- comprise more than 25% of the Materials delivered to SERVICE PROVIDER by CITY or it agent(s), based upon the Composition Study procedures as set forth in EXHIBIT D, SERVICE PROVIDER may reduce its compensation to CITY by the then-current per-ton cost to dispose of the excess Contaminants (more than 25 %) at the CITY-designated disposal facility (currently American Avenue Landfill). SERVICE PROVIDER shall document weight of Contaminants by providing certified weight tickets from the disposal facility . In the event that CITY delivers materials to SERVICE PROVIDER containing less than 20% Contaminants , as calculated by the Composition Studies , SERVICE PROVIDER shall increase its compensation to CITY $1 .00 per ton of recyclable materials received . SERVICE PROVIDER shall conduct a Composition Study of the CITY'S delivered materials in both May and October of each year of this Agreement, in accordance with procedures described below . Thereupon , the average of the most recent two Composition Studies w il l be used to determine the percentage of Contaminants contained in the C ity 's Recyclable Materials. If CITY has contracted with more than once SERVICE PROVIDER to process Recyclable Materia ls , all SERVICE PROVIDERS shall complete Composition Studies as set forth herein. Of the Composition Studies completed by each SERVICE PROVIDER , the pair of Compos ition Studies calculating the lowest average of Contaminants shall be used by the City and all SERVICE PROVIDERS to establish the level of Contaminants in the materials delivered to SERVICE PROVIDER. CITY shall be given no less than 24 hours ' prior notice of, and have the right to observe , monitor , and audit , each and every Composition Study conducted by SERVICE PROVIDER. The SERVICE PROVIDER and CITY shall mutually agree upon the date(s) and time(s) of any Composition Study examining CITY 's materials , in writing , no less than three (3) days in advance of each Composition Study . (e) SERVICE PROVIDER understands and agrees any request by SERVICE PROVIDER to adjust the payment to CITY other than as set forth in this Agreement , make material changes to this Agreement , or otherwise decrease revenue or increase costs to CITY under this Agreement, may result in CITY either, in the CITY 's sole discretion : (1) issuing a new Request for Proposals for these services ; or (2) entering into an agreement with another provider of the same service then currently under contract to complete the balance of the term of this Agreement pursuant to the terms of the other contract ; either of which may result in termination of this Agreement if CITY awards a contract to another service provider. -4- Notwithstanding the above , SERVICE PROVIDER may submit to the Administrator a request for a price adjustment , along with documentation supporting the request , if all the following occu r: i) A material change in law (for example , minimum wage or regulatory requirements) including , but not limited to , the cumulative impact of mult iple changes in law , affects the net cost to perform the services herein by a margin of at least 10 percent (based upon cost at the commencement of the Agreement); ii) The change in law negative ly affects feasibility of providing the services as set forth in Exhibit A , based upon the net cost to SERVICE PROVIDER and considering a combination of commodity market gains , lower fuel costs , or othe r offsets to the costs incurred due to a change in law ; and iii) The negative impact continues for a period of at least one year. OR iv) The average monthly market price is less than $70 for two consecutive quarters , as reported by the Pulp and Paper Weekly using the PPI Recovered Paper -Expo rt Market Index , Mixed Paper (2) -Official Board Markets ("OBM) Los Angeles ("LA ") commodity designation . Should a request demonstrate the above , the Administrator shall consider the request , and the Parties shall have 60 days to negotiate a price adjustment and amendment to this Agreement , subject to approval of the City Council. If no agreement is reached , the Pa rties may agree to continue the Agreement without a change in terms , or the CITY wil l issue a Request for Proposals or enter into an agreement with another provider of the same service then currently under contract , as set forth above. If no agreement is reached , 180 days from the date SERVICE PROVIDER submits a request , SERVICE PROVIDER shall be relieved of its dut ies to CITY hereunder and shall have no further obligation pursuant to this Agreement to furn ish the services called for by this Agreement. If this Agreement is terminated by CITY pursuant to the above , SERVICE PROVIDER shall be relieved of its duties to CITY hereunder and shall have no further obligation pursuant to this Agreement to furnish the services called for by this Agreement. Apart from its obligation to pay to CITY any compensation due to CITY for materials delive red and processed prior to such termination , SERVICE PROVIDER shall have no further liability whatsoever to CITY hereunder. (f) Should the Parties mutually agree to modify the scope of services provided in this Agreement or provide for the rendition of additional services not required by this Agreement , such modification may include an adjustment to CITY 's compensation. Any change in the scope of services must be made by written amendment to the Agreement and signed by an authorized representative for each Party . -5- (g) Payment: SERVICE PROVIDER shall submit payment to the City of Fresno as set forth in this Agreement at the following address: City of Fresno Solid Waste Division 1325 El Dorado Street, Building S Fresno , CA 93721 7 . Termination, Remedies and Force Majeure. (a) This Agreement may terminate without any liability of SERVICE PROVIDER to CITY as provide in Section 6 above , and without any liability of CITY to SERVICE PROVIDER upon the earlier of: (i) 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; (ii) any material change to SERVICE PROVIDER which affects SERVICE PROVIDER 's obligations to CITY ; or (iii) expiration of this Agreement. (b) Termination for cause: (i) If the SERVICE PROVIDER shall fail to complete delivery within the time or times specified herein , of all or any part of the materials , equipment, supplies , or services to be provided under the Agreement , the City Manager of the City of Fresno or his/her designee, acting for and on behalf of CITY , may at any time after the expiration of the time for cure, terminate the Agreement as to the whole thereof; or in the event partial delivery has been made and accepted , as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination. (ii) Either Party may terminate this Agreement if the other Party materially breaches any of its obl igations under this Agreement and fails to commence and diligently pursue reasonable efforts to cure such breach within 15 days after written notice by the other Party specifically describing the breach. (iii) Such termination shall be effective upon receipt by the a Party of written notice of termination from the authorized representative of the other Party , which notice shall be deemed to have been received by the other Party , if mailed by certified mail , within 48 hours to the Party 's address as contained this Agreement , or , if personally delivered , upon the delivery thereof to the Party , the authorized representative of the Party , or to the Party 's said address . (c) Immediately upon any termination or expiration of this Agreement , SERVICE PROVIDER shall: (i) stop all work hereunder; (ii) pay to CITY any and all earned payments; and (iii) return all properties and materials in the possession of SERVICE PROVIDER that are owned by CITY . Subject to the terms of this Agreement, SERVICE PROVIDER shall pay compensation to CITY for Recyclable Materials delivered prior to the effective date of termination . -6- (d) In the event of termination due to failure of SERVICE PROVIDER to satisfactorily perform in accordance with the terms of this Agreement , CITY may demand from SERVICE PROVIDER payment of an assurance , in 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 such demand 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 SERVICE PROVIDER , nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (e) Upon any breach of this Agreement by SERVICE PROVIDER , CITY may : (i) exercise any right , remedy (in cont ract , 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. (f) SERVICE PROVIDER shall provide CITY with adequate written assurances of future performance , upon Administrator's request , in the event SERVICE PROVIDER fails to comply with any terms or conditions of this Agreement. (g) SERVICE PROVIDER shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of SERVICE PROVIDER 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 . SERVICE PROVIDER shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay , setting forth the full particulars in connection therewith , and shall remedy such occurrence with all reasonable dispatch , and promptly give written notice to Admin istrator of the cessation of such occurrence. 8 . Receiving Recyclable Materials. (a) SERVICE PROVIDER shall make the Receiving Facility available for deliveries of Recyclable Material on Working Days (between the hours of 6 :30 a.m . to 5 :30 p .m., Monday through Friday , and from 7 :00 a.m . to 12:00 p.m. on Saturday , except Holidays), or such other times as the Parties may agree . (b) Except as expressly provided in this subsection , SERVICE PROVIDER will accept the Recyclable Material "as is" and wil l assume all risks in handling such material. (c) Recyclable Material delivered to the Receiving Facility by CITY shall be received by SERVICE PROVIDER's employees and equipment onto grounds of the Receiving Facility . SERVICE PROVIDER shall ensure that CITY's vehicles are able to complete delivery of a load in twelve minutes or less (from time of weigh- in prior to unloading the Materials through weigh-out after unloading the Materials). -7- (d) SERVICE PROVIDER shall make accessible clean , sanitary , and well- maintained restroom facilities conveniently located at the Receiving Facility for drivers delivering Recyclable Materials . Said restrooms shall remain available during all hours the Receiving Facility may receive Recyclable Materials . (e) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY vehicle pursuant to this Agreement constitutes "hazardous material" as defined in Division 4 .5 of Title 22 of California Code of Regulations , then SERVICE PROVIDER may reject such load and return it to CITY ; provided that SERVICE PROVIDER provides to CITY clear and convincing evidence that the entire load returned by SERVICE PROVIDER: (i) was originally contained in a single load delivered by a CITY vehicle pursuant to this Agreement ; and (ii) that such entire single load constituted "hazardous material" as defined in Division 4 .5 of Title 22 of California Code of Regulations . (f) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY vehicle pursuant to this Agreement is comprised of 50 percent or greater Contaminants by weight, SERVICE PROVIDER may reject the single load , provided SERVICE PROVIDER may back charge CITY for its reasonable and necessary processing costs, but shall keep the load and not require CITY retake possession of the load . (g) SERVICE PROVIDER shall provide weight tickets from a State of California registered and certified scale . Weight tickets are to be signed by the delivering CITY employee . SERVICE PROVIDER shall electronically transmit data of all weight tickets to CITY for each Working Day , by the following Working Day . SERVICE PROVIDER shall sort the original hard copy weight tickets by date and mail or deliver to CITY's Solid Waste Management Division office on a daily basis . This requirement may be satisfied by giving such hard copies to a CITY delivery vehicle driver to transport to such Division office. The electronic format is to be compatible with Access , Dbase, FoxPro , Excel or ASCII. SERVICE PROVIDER shall develop a format and electronic transfer process satisfactory to CITY with assistance of CITY's information systems specialist. SERVICE PROVIDER shall prepare each weight ticket by assigning each a unique control number, identifying thereon the Receiving Facility by name , and including thereon the following printed information : Inbound Date and Time , Weighmaster Outbound Date and Time , Weighmaster CITY Truck Number, Vehicle License Plate Number, Description of material , Gross Weight in pounds , Gross Truck Tare Weight in pounds , Net Weight in pounds , Driver Signature, Route Number. (h) SERVICE PROVIDER shall at all times comply with all federal , state and local agency regulations in receiving Recyclable Materials . (i) In furtherance of CITY delivering Recyclable Materials with no more than a reasonable quantity of residual/contaminant materials , CITY will continue a good -8- faith reasonable program of educating solid waste customers about minimizing Recyclable Material contamination and enforcement efforts. 9. Processing Recyclable Materials . (a) SERVICE PROVIDER shall be responsible for the storage, processing , transfer, sale , and final disposition of CITY's Recyclable Materials at the Processing Facility in a manner ensuring compliance with permits issued by federal , state or local governmental bodies or agencies for the Processing Facility . Final end-use of Processed Recyclable Materials shall conform to California Integrated Waste Management Board ("CIWMB"), now "CalRecycle," Assembly Bill 939 ("AB939") requirements to enable CITY to receive maximum feasible diversion credits . SERVICE PROVIDER shall comply with the provisions of the Source Reduction and Recycling Element (SRRE) plan adopted by CalRecycle for CITY to meet such AB939 requirements . The end use of one hundred percent of CITY's Recyclable Materials received and Processed by SERVICE PROVIDER shall be subject to the reasonable approval of CITY's Representative . SERVICE PROVIDER shall comply with all applicable federal , state and local laws , and with AB939 requirements for final disposition of CITY's Recyclable Materials. (b) SERVICE PROVIDER shall be responsible for all costs related to , and disposal of, any Residuals from the Recyclable Materials delivered to SERVICE PROVIDER. (c) SERVICE PROVIDER shall meet all federal , state and local laws , as well as CalRecycle regulations and standards for the methods of Processing of Recyclable Materials . 10 . Confidential Information and Ownership of Documents . (a) Subject to State regulations , any reports , information , or other data prepared or assembled by SERVICE PROVIDER pursuant to this Agreement shall not be made available to any individual or organization by SERVICE PROVIDER without the prior written approval of the Administrator. During the term of this Agreement , and thereafter, SERVICE PROVIDER 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 , 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 of CITY . Confidential Information shall not include daily tonnage records of materials received from CITY. (b) Any and all writings and documents prepared or provided by SERVICE PROVIDER pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of -9- the Agreement. SERVICE PROVIDER shall not permit the reproduction or use thereof by any other person excep t as otherwise expressly provided herein. (c) This Section shall survive expiration or termination of this Agreement. 11 . Representation of Skill. It is mutually understood and agreed by and between the Parties hereto that inasmuch as SERVICE PROVIDER represents to CITY that SERVICE PROVIDER is skilled in the industry and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of SERVICE PROVIDER to do and perform such services in a skillful manner , and SERVICE PROVIDER agrees to thus perform the services . Therefore , any acceptance of such services by CITY shall not operate as a release of SERVICE PROVIDER from said industry standards or those set forth in this Agreement. 12. Indemnification. To the furthest extent allowed by law , SERVICE PROVIDER shall indemnify , hold harmless and defend CITY and each of its officers , officials , employees , agents and volunteers from any and a ll loss , liability , fines , penalties , forfeitures , costs , and damages (whether in cont ract , tort or strict liability , including but not limited to personal injury , death at any t ime , and property damage), and from any and all claims , demands and actions in law or equity (including reasonable attorney 's fees and litigation expenses) that arise out of, pertain to , or relate to the negligence , recklessness or w illful misconduct of SERVICE PROVIDER , its principals , officers , employees , agents or volunteers in the performance of th is Agreement. The SERVICE PROVIDER 's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers , officials , employees , agents or volunteers are actively or passively negligent , but shall not apply to any loss , liability , fines , penalties , forfeitures , costs or damages caused by the gross negligence or by the willful misconduct of CITY or any of its officers , officials , employees , agents or volunteers . This section shall survive termination or expiration of this Agreement. 13 . Insurance . (a) Throughout the life of this Agreement , SERVICE PROVIDER shall pay for and maintain in full force and effect a ll 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 liabil ity of not less than those amounts stated therein . However, the insurance limits available to CITY , its officers , officials , employees , agents and volunteers as additional insu reds , 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 , SERVICE -10- PROVIDER fails 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER , its principals , officers , agents , employees , or persons under the supervision of SERVICE PROVIDER , vendors , suppliers , invitees , consultants , sub-consultants , or anyone employed directly or indirectly by any of them . (d) Upon request of CITY , SERVICE PROVIDER 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. 14 . Conflict of Interest and Non-Solicitation . (a) Prior to CITY 'S execution of this Agreement, SERVICE PROVIDER 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 , SERVICE PROVIDER shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by SERVICE PROVIDER in such statement. SERVICE PROVIDER shall 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.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq .). At any time , upon written request of CITY , SERVICE PROVIDER shall provide a written opinion of its legal counsel that, after a due diligent inquiry , SERVICE -11- PROVIDER is in full compliance with all laws and regulations . SERVICE PROVIDER shall take reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, SERVICE PROVIDER shall immediately notify CITY of these facts in writing. (b) In performing the work or services to be provided hereunder , SERVICE PROVIDER 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 . (c) SERVICE PROVIDER 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. (d) SERVICE PROVIDER shall have no interest, direct or indirect , in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing . Notwithstanding any approval given by the City Manager under this provision , SERVICE PROVIDER shall remain responsible for complying with Section 14(a), above . (e) This Section shall survive expiration or termination of this Agreement. 15. Recycling Program. In the event SERVICE PROVIDER maintains an office or operates a facil ity(ies), or is required herein to maintain or operate same , within the incorporated limits of the City of Fresno , SERVICE PROVIDER at its sole cost and expense shall : (a) Immed iately 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 . (b) 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. (c) Cooperate with and demonstrate to the sat isfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 16 . General Terms. (a) Authorized signature. Except as otherwise provided by law , all notices expressly required of CITY within the body of this Agreement , and not otherwise specifically provided for , shall be effective only if signed by the Administrator or his/her designee . -12 - (b) Audits . Records of SERVICE PROVIDER '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 SERVICE PROVIDER 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. This Section 11 (b) shall survive expiration or termination of this Agreement. (c) License . Prior to execution of this Agreement by CITY , SERVICE PROVIDER shall have provided evidence to CITY that SERVICE PROVIDER is licensed to perform the services called for by this Agreement (or that no license is required). 17 . Nondiscrimination . To the extent required by controlling federal , state and local law , SERVICE PROVIDER shall not employ discriminatory practices in the provision of services , employment of personnel , or in any other respect on the basis of race, religious creed , color, national origin , ancestry, physical disability, mental disability, medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . Subject to the foregoing and during the performance of this Agreement , SERVICE PROVIDER agrees as follows : (a) SERVICE PROVIDER 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) SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race , religious creed , color, national origin, ancestry , physical disability , mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . SERVICE PROVIDER shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race , religious creed , color, national origin , ancestry , physical disability, mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . Such requirement shall apply to SERVICE PROVIDER '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 . SERVICE PROVIDER agrees to post in conspicuous places , available to -13- employees and applicants for employment , notices setting forth the provision of this nondiscrimination clause. (c) SERVICE PROVIDER will , in all solicitations or advertisements for employees placed by or on behalf of SERVICE PROVIDER 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) SERVICE PROVIDER 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 SERVICE PROVIDER 'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18 . Independent Contractor. (a) In the furnishing of the services provided for herein , SERVICE PROVIDER is acting solely as an independent SERVICE PROVIDER. Neither SERVICE PROVIDER , nor any of its officers , agents or employees shall be deemed an officer, agent, employee , joint venture , 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 SERVICE PROVIDER shall perform its work and functions . However, CITY shall retain the right to administer this Agreement so as to verify that SERVICE PROVIDER is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between SERVICE PROVIDER and CITY . SERVICE PROVIDER shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement , SERVICE PROVIDER shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent SERVICE PROVIDER , SERVICE PROVIDER and its officers , agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. SERVICE PROVIDER 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, SERVICE PROVIDER shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of SERVICE PROVIDER'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 -14- 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 , SERVICE PROVIDER may be providing services to others unrelated to CITY or to this Agreement. 19 . 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. 20. Binding . 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 . 21 .Assignment. (a) This Agreement is personal to SERVICE PROVIDER and there shall be no assignment , transfer , sale , or subcontracting by SERVICE PROVIDER of its rights or obligations under this Agreement without CITY approval. Any assignment by SERVICE PROVIDER or its successors without CITY approval shall be null and void and may result in termination of this Agreement , at the election of the CITY . (b) SERVICE PROVIDER hereby agrees not to assign the payment of any monies due SERVICE PROVIDER 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 SERVICE PROVIDER directly to SERVICE PROVIDER. 22 . Compliance with Law . In providing the services required under this Agreement, SERVICE PROVIDER 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. 23. 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. -15- 24 . 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 . 25. 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. 26 . 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. 27. 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. 28 . 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. 29 . Exhibits. Each exhibit and attachment referenced in this Agreement is , by the reference , incorporated into and made a part of this Agreement. 30. 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. 31 . 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 . 32 . 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 . 33 . Extent of Agreement. Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the Parties with respect to the subject matter -16- Ill Ill Ill hereof and supersedes all prior negotiations , representations or agreements , either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and SERVICE PROVIDER. -17- IN WITNESS WHEREOF , the Parties have executed this Agreement at Fresno, California , the day and year first above written . CITY OF FRESNO , a California municipal corporation ATTEST: YVONNE SPENCE City Clerk By : ~&,q~ 2./25//~ Depu ty ' APPROVED AS TO FORM : DOUGLAS T . SLOAN City Attorney By ~-------=\_ Z-/:!>-/6 Date ' Addresses CITY : City of Fresno Attention : Jerry Schuber , Assistant Director of Public Utilities 1325 El Dorado Fresno , CA 93706 Phone : (559) 621-1801 FAX : (559) 266-1009 Attachments: Exhibit A -Scope of Services and Revenue Schedule Exhibit B -Insurance Requirements Exhibit C -Conflict of Interest Disclosure Exhibit D -Composition Study Process -18- MID-VALLEY RECYCLING, LLC a Californ ia limited liability corporation By : · 3•..sq-b /Lc.s}~ ~ Title : _=2_r_--e_..,,,,.) _____ _ (if corporation or LLC , Board Chair , Pres . or Vice Pres .) By : ---------- Name: ___________ _ Title : ---------- (if corporation or LLC , CFO , Treasurer, Secretary or Assistant Secretary) SERVICE PROVIDER: Mid -Valley Recycling, LLC Attention : Joseph Kalpakoff, President 15300 Jensen Ave . Kerman , CA 93630 Phone: (559) 237-9425 FAX : (559) 842-9436 Exhibit A SCOPE OF SERVICES Service Agreement between City of Fresno and Mid-Valley Recycling, LLC Co-mingled Recyclables Processing The Service Provider shall provide to CITY services related to Recyclables Processing as follows : 1. The Service Provider(s) will receive , process and recycle Recyclable Materials collected by the City of Fresno or its assigned agents and delivered to the Service Provider(s) processing site in accordance with the terms of this Agreement. 2 . The Service Provider will be expected to pay the City on a per ton basis for all Recyclable Materials delivered to the Service Provider processing site , as set forth in the terms of this Agreement. 3. The Service Provider(s) will assume all responsibility for the legal and proper disposal of residual waste materials that cannot be beneficially reused or recycled by the vendor(s). All residual waste materials shall be disposed of at the American Avenue Landfill , which is owned and operated by Fresno County . 4. The Service Provider(s) shall be required to submit quarterly tonnage reports for Recyclable Materials delivered to the Service Provider's processing site by the City , and the tonnage reports shall include the quantities of residual waste materials delivered to the American Avenue Landfill. Description of Current Services The City currently provides residential solid waste collection service to all single-family residential housing units (up to four dwelling units) located within the City 's municipal corporate limits. All residents receive solid waste collection , Co-mingled recyclables collection , and green waste collection services on a designated day for their neighborhood , and are provided with 96-gallon carts for each of the three material streams . Additional 96-gallon carts can be provided upon request , and an additional charge , for Co-mingled recyclables and green waste. The materials accepted through that program are listed on the City 's website at: http://www.fresno .gov/Government/DepartmentDirectory/PublicUtilities/SolidWaste/Resi dentialServices/Blue . htm REVENUE SCHEDULE FOR RECYCLABLE MATERIALS PAYMENTS FROM MID-VALLEY RECYCLING, LLC, TO CITY OF FRESNO Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1.00 $110.00 to $119.99 $2.00 $120.00to $129.99 $3.00 $130.00 to $139.99 $5.00 $140.00 to $149 .99 $7.50 $150.00 to $159 .99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189.99 $16.00 $190.00 to $199 .99 $18.00 $200.00 $20.00 >$200.00 $20.00 + $2.00/ $10 * *Based on the PPI Recovered Paper -Export market index, Mixed Paper (2) -OBM LA commodity designation. 2 Exhibit B INSURANCE REQUIREMENTS Service Agreement between City of Fresno ("CITY") and Mid-Valley Recycling, LLC Co-mingled Recyclables Processing 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 . MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER shall maintain limits of liability of not less than those set forth below . However, insurance limits available to CITY , its officers , officials , employees , agents and volunteers as additional insureds , shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured : 1. COMMERCIAL GENERAL LIABILITY : (a) $2 ,000 ,000 per occurrence for bodily injury and property damage ; (b) $2 ,000 ,000 per occurrence for personal and advertising injury ; (c) $4 ,000 ,000 aggregate for products and completed operations ; and, (d) $4 ,000 ,000 general aggregate applying separately to the work performed under the Agreement. 2 . COMMERCIAL AUTOMOBILE LIABILITY : $1 ,000 ,000 per accident for bodily injury and property damage . 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than (a) $1 ,000 ,000 each accident for bodily injury ; (b) $1 ,000 ,000 disease each employee ; and , (c) $1 ,000 ,000 disease policy limit. 5 . CONTRACTORS' POLLUTION LEGAL LIABILITY (CPL) (and/or other applicable policies as determined by the City 's Risk Manager or his/her designee , e .g. Asbestos Legal Liability) unless waived in writing by the CITY'S Risk Manager or his/her designee shall be written on either an occurrence form , or a claims-made form , and is required for all environmental and water remediation work and for all work transporting fuel. CPL is also required for demolition , renovation , HVAC , plumbing and electrical work (including , without limitation , lighting) on any structure built prior to the yea r 1990 with limits of liability of not less than the following : (a) $1 ,000 ,000 per occurrence or claim ; and , (b) $2 ,000 ,000 general aggregate per annual policy period . (i) In the event this Agreement involves any lead based, mold or asbestos environmental hazard , either the CAL policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by SERVICE PROVIDER pursuant to the Agreement. (ii) In the event this Agreement involves any lead-based environmental hazard (e .g ., lead based paint), and/or asbestos environmental haza rd (e .g . asbestos remediation), and/or mold environmental hazard (e.g . mold remediation) the CPL insurance policy or other appropriate policy shall be endorsed to include coverage for lead based environmental hazards and/or asbestos 2 environmental hazards and/or mold environmental hazards and "microbial matter including mold " with the definition of "Pollution" und UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER 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 SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by , the CITY 'S Risk Manager or his/her designee . At the option of the CITY 'S Risk Manager or his/her designee , either: (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) SERVICE PROVIDER 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 . SERVICE PROVIDER 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, SERVICE PROVIDER 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 , SERVICE PROVIDER 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. 3 (ii) The CGL, CAL and CPL policies of insurance shall be endorsed to name CITY , its officers , officials , agents , employees and volunteers as additional insureds. SERVICE PROVIDER 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. (iii) For any claims related to this Agreement , SERVICE PROVIDER '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 SERVICE PROVIDER'S insurance and shall not contribute with it. SERVICE PROVIDER shall establish primary and noncontributory status by use of ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 01 04 13 . (iv) 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. (v) 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. (v) 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. PROVIDING CITY WITH DOCUMENTS -SERVICE PROVIDER 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 , SERVICE PROVIDER 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 origina l policy. This requirement shall survive expiration or termination of this Agreement. CLAIMS-MADE POLICIES -If any coverage required is written on a claims- made coverage form : 4 (i) The retroactive date must be shown , and must be before the effective date of the Agreement or the commencement of work by SERVICE PROVIDER. (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 , SERVICE PROVIDER 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. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension , SERVICE PROVIDER fails to maintain any required insurance in full force and effect , all work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the prem iums 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 hereunder shall in any way relieve SERVICE PROVIDER 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. The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER, its principals , officers , agents , employees , persons under the supervision of SERVICE PROVIDER , vendors, suppliers , invitees , consultants, sub-consultants , or anyone employed directly or indirectly by any of them. 5 1 2 3 4 5 6 Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Co-mingled Recyclables Processing Are you currently in litigation with the City of Fresno or any of its agents? Do you represent any firm, organization or person who is in litigation with the City of Fresno? Do you currently represent or perform work for any clients who do business with the City of Fresno? Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? Do you have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. -- YES* NO D ~ D [xl ~ D [xJ D D IBl D [x] / ) / Explanation: ( ) /L~ 3. We provide recycling services to thousands of businesses through our exclusive franchise. 4. Commercial solid waste franchise. No litigation . D Additional page(s) attached. ~e {j March 1st 2016 Date Joseph Kalpakoff (name) Mid Valley Recycling LLC (company) 2721 S Elm Avenue (address) Fresno, CA 93706 ( city state zip) EXHIBIT D Composition Study Procedures Composition Study Procedures 1. In preparation for , and prior to the start of each Composition Study , SERVICE PROVIDER shall ensure that: a . CITY has agreed to the date of the Composition Study in writing at least seven (7) days prior, and CITY is permitted to station observers to monitor the Processing Facility for the duration of the Composition Study or any portion thereof, at sole discretion of CITY's Administrator ; b . The Processing line and equipment are clear of all material and debris processed prior to the Composition Study , c. All floor space , areas , bunkers , and other facilities are adequately clear of all materials not appropriate for inclusion in the Composition Study including , but not limited to , materials delivered to the Processing Facility by any third party ; and d . Notify appropriate personnel , including , without limitation , employees of SERVICE PROVIDER , of the Compos ition Study and procedures , so that the likelihood of a breach in Composition Study procedures may be minimized. 2 . The Composition Study shall include 100 % of the Recyclable Materials and Residual Materials delivered to the Processing Facility by the CITY , or CITY'S agent(s), on the days designated as the Composition Study sample days . 3 . SERVICE PROVIDER shall bale all Recyclable Materials processed during the Composition Study in the manner appropriate for preparation for shipping . All Recyclable Materials shall be weighed and all bales measured for volume . 4. At the conclusion of the Composition Study , SERVICE PROVIDER shall ensure that all Recyclable Materials provided and identified for the Composition Study are processed and included in the Composition Study . 5 . SERVICE PROVIDER shall provide to the CITY an analytical report by material type. The analytical report shall include weight and volume processed by each material type , as well as other information that may be deemed appropriate by the CITY . 6 . The days of the week selected for the Composition Study should be rotated to ensure that the material and data are representative of the CITY'S material delivery profile . City of Fresno Legislation Text File#: 1016 -207 , Version: 1 REPORT TO THE CITY COUNCIL February 25, 2016 FROM: DOUG SLOAN , City Attorney Office of the City Attorney SUBJECT Actions pertaining to processing of Co-mingled Recyclables (Citywide): 2600 Fresno Street F resno , CA 93721 www.fresno.gov 1. Adopt a finding pursuant to CEQA Guideline 15061 (b )(3) of No Possibility these actions may have a significant effect on t he environment. 2 . Award a ten year agreeme nt to Mid Valley Recycling , LLC (Mid Valley), to process 50 percent of the City 's Co-mingled Recyclables (recyclables ) at an indexed rate pa id per ton to the City . 3 . Award a ten year agreement to Cedar Avenue Recycling and Transfer Station , LP (CARTS), to process 50 percent of the City 's recyclables at an indexed rate paid per ton to the City . EXECUTIVE SUMMARY On December 10 , 2015 , Council directed the City Attorney to negotiate agreements with the top two proposers for green waste and recyclables process ing , with each to receive approximately 50 percent of the City 's materials collected. · Council may award two , ten-year agreements -one to M id Valley to process 50 percent of the City 's recyclables at an indexed rate with a floor of $1 .00 per ton paid to the City , and another to CARTS to process the remaining 50 percent on the same terms . Afte r two months of negotiations , the parties have reached agreements , subject to Council approval. BACKGROUND In May 2015 , the City issued Request for Proposals (RFP ) 3405 , seeking proposals to process both recyclables and green waste . Of the proposers for recyclables , Mid Valley proposed the highest payment to the City at $10 per ton , and CARTS was second at $7 .50 . On October 8 , 2015 , Council was asked to approve an agreement with Mid Valley , subject to negotiation of the final terms . The item was cont i nued to allow the Administration to pursue a "best and final offer" from the top proposers . However, that request was rescinded on October 21 , 2015 , and the RFP was repealed on October 23 , 2015 . Subsequently Council directed the City Attorney to negotiate with the top two proposers in each category . City of Fresno Page 1 of 5 Print ed on 2/19/20 16 powered by Legistar™ ' . I File#: ID16-207 , Version: 1 2000 Sunset Agreement On March 16 , 2000 , the Council awarded an agreeme nt to Sunset Waste Paper , Inc ., (Sunset) to process residential recycling materials. The initial 5-year term of the Agreement was through March 16 , 2005 . The terms of the agreement provided a re ve nue sharing program for materials delivered to the facility . First Amendment to 2002 Agreement On April 3, 2002 , Council approved a long term agreement to Sunset , which allowed it to obtain financing for its new processing facility . The agreement a lso allowed for a larger portion of revenues to be shared with the City . The cost of the proc essing of materials was based on a per ton charge of $15 .00 per ton for processing and $31 .25 per ton fo r residual waste delivered to American Avenue Landfill . At the conclusion of the agreement costs had risen to $18 .55 per ton for processing , with a revenue sharing component , and $31 .25 for residual waste delivered to American Avenue Landfill . Commercial Outsourcing On December 5, 2011 , the City entered into an agreement for two commercial franchises , Allied Waste Services and Mid Valley Disposal , which allowed for the franchise holders to process recycling materials at locations other than Sunset. Sunset sued the City of Fresno for breach of the original agreement. The City and Sunset agreed to a settlement of $2 ,900 ,000 paid over the remaining three years of the agreement. In September 2014 , Mid Valley acquired Sunset , its processing facilities , and its contracts upon assignment. A reques t to assign the current agreement for the City was granted . The subsequent two , five year amendments to the original agreement were not renewed and an RFP for the services was requested . Since March of 2015 and during the RFP process , Mid Valley continues to process materials for the City at no cost or payment to the City . Proposals Pursuant to the RFP , Mid Valley proposed payment to the City of $10 .00 per ton and CARTS $7 .50 per ton . However, both companies have made it very clear their proposals were not fixed prices over ten years , but rather were subject to negotiation of complete terms of contracts to include provisions for the fluctuation of commodities markets , labo r costs , government regulations , and contamination levels. Even if Council had awarded one o r more contracts in November, the complete terms of contracts presented for consideration now likely would have been similar. Price Factors The recycling processors essentially buy materials from the City , sort them , and then resell them . Materials are sorted in to categories largely composed of fiber (paper products), metals , plastics, glass , and then waste destined for the landfill. The recyclables are largely sold to markets abroad and must be transported to ports and shipped . The largest factors affecting the profitability of the operations are the commodities prices , which a re affected by supply and demand of the particular items and oil prices. The commodity with the greatest influence , and therefore the customary standard for pricing , is the fiber market. Over the last five years , prices for fiber have ranged from about $80 to $210 per ton , with a typical price of about $130 pe r ton . Currently , however, prices are very low i and the companies could be losing money even at $0 cost or payment to the City . The companies do anticipate , however, that prices fluctuate and will increase again in the future , smoothing the costs and allowing for an offset of losses at other times. Here is a table of actual market prices over the last 5 years : City of Fres no Page 2 of 5 Printed on 2/19/20 16 powered by Legista r™ File#: 1016-207 , Version: 1 Recycled fiber market prices August 2011 -February 2016 Today 250.00 200.00 150.00 JOO.OD SO.OD -··r·· Ll'l Ll'l Ll'l 1.1'1 1/'l ID '1 ~ ; ~ '7 17 ~~4.g~~ -LA-OBM Mix Paper Labor costs also affect the companies . Both companies indicate the feasibility of the prices agreed upon now would be affected by increases in minimum wage . Also affecting the companies is the degree or percentage of waste materials (contaminants) included with the recyclables that must be sorted and sent to a landfill at an additional cost to the recycling company. Contamination levels vary , but average around 20 to 25 percent in materials collected by the City . When valuable recyclables are stolen or otherwise redirected from the City 's collection process , this reduces the overall value of the materials and increases the percentages of contaminants . If City solid waste customers are not diligent in separating materials or place wet paper products (wet products cannot be processed) in the City recycling containers , this negatively impacts the recycling operations . This factor is influenced by the degree and effectiveness of City education and enforcement programs concerning recycling . Current Negotiations The City Attorney 's Office negotiated contracts with the service providers. During the negotiations the companies indicated the RFP did not thoroughly specify criteria for several important variables , such as fluctuations in market rates for the recyclables , and the percentage of contaminants in the recyclable materials , and therefore the initial price offered by Mid Valley was not firm and had been subject to changes based upon those factors . Further , since the RFP was issued in June 2015 , market prices have fallen substantially . For example , the recycled fiber market , the point of sale for roughly half of recyclable materials , was priced at $130 in June 2015 and is currently at $80 . In addition , low oil prices are impacting the recycled plastics market, with uncertainty regarding market recovery. These factors are compounded ( by the possibility that labor rates may increase . During negotiations neither Mid Valley nor CARTS \.._: C ity of Fresn o Page 3 of 5 Printed on 2/19/201 6 powered by Legista r™ File#: 1016-207 , Version: 1 felt able to offer the steady per-ton prices submitted in response to the RFP in mid-2015. Both service providers insist on tying payments to the recyc led fiber market inde x, with prices calculated quarterly . After extensive discussions , the agreements before Council include the follow ing material terms : • Payment to the City pursuant to. the market price for recycled fibers , with a floor of $1.00 per ton of recyclables and increased payment to the City based upon market rates , with no ceiling (the City previously paid for recyclables processing , and is currently not paying for processing while negotiations continue); the parties share in the increased profitability as market prices rise . • A request by service provider to change the price other than as set forth in the agreement may result in the City issuing an RFP for the services or awarding services to another service provider currently contracted to perform the services , at the City 's option . • Only exceptions to above are (1) if a change in law causes a greater than 10 percent net decrease in funds to service provider for more than a year, in which case service proyider may submit a request for price adjustment along with documentation supporting a negative effect on its bottom line , or (2) if the market falls below $70 for two consecutive quarters. In either event, service provider and the City may negotiate a rate adjustment for 60 days and if no agreement is reached , City may issue RFP or award to another service provider contracted to perform the services. • Service providers dispose of any residuals at the County landfill. • The City may be back-charged for excessive contaminants , based upon controlled studies conducted twice per year. The proposed reduction in processing costs for recycling will convert the cost to the City for recycling of roughly $350,000 per year to revenue for recycling of at least $30 ,000 per year (based on average of 30 ,000 tons of materials delivered to the two companies). This revenue generation will help DPU further Council 's request to maintain current solid waste rates until Fiscal Year 2019 . Based upon these negotiations , the City Attorney believes the contractual terms likely would not improve should the City reject these contracts and send the contracts out to another RFP process. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines section 15061 (b)(3), there is no possibility that awarding these agreements will have a significant effect on the environment and this project is not subject to CEQA. This is because awarding the service agreements does not directly affect the environment. Each service provider must comply with CEQA regulations in performing its services , and construction of any new facilities required to fulfill these agreements will be assessed separately prior to construction . LOCAL PREFERENCE Although all the service providers are local businesses , local preference was not considered because FMC 4-109 does not require local preference for non-consulting , non-professional services contracts. C it y of Fre sno Page 4 of 5 Print ed on 2/19 /2 01 6 powe red by Legista r ™ I \ File#: 1016-207 , Version: 1 FISCAL IMPACT The City currently d e livers appro xi mately 30 ,000 tons of curbs id e co-mingled recycling . The prior agreement cost $18 .55 pe r ton to process , less a share of the revenue , equaling appro x imately $350 ,000 annually. The new agreements prov id e revenue to the solid waste management div ision and rate payers of at least $30 ,000 , for an annual difference of at least $380 ,000 . This is the table set forth in the contracts to determine prices paid to the City: Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1.00 $110.00 to $119.99 $2.00 $120.00 to $129.99 $3 .00 $130.00 to $139.99 $5.M $140.00 to $149.99 $7 .50 $150.00 to $159 .99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189.99 $16 .00 $190.00 to $199.99 $18.00 $200.00 to $209.99 $20.00 >$209.99 $20.00 + $2.00 I $10 *Revenue sharing shall be tied to the PPI Recovered Paper -Ex port market index , using the Mixed Paper (2) -OBM LA commodity designation . Attachments : Agreement with Mid Valley Agreement with CARTS City of Fresno Page 5 of 5 Print ed on 2/19/20 16 powe red by Legistar™ SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into effective the 1.. day of :1'-'1'( , 2016 , by and between the CITY OF FRESNO , a California municipal corporation (hereinafter referred to as "CITY"), and Cedar Avenue Recycling and Transfer Station , LP , a California limited partnership (here inafter referred to as "SERVICE PROVIDER"), ind ividually each a "Party " and collect ively "the Parties." RECITALS WHEREAS , CITY desires to obta in Co-m ingled Recyclables Processing services for mate rials collected by CITY and its agents , here inafter referred to as the "Project "; and WHEREAS , SERVICE PROVIDER is engaged in the business of furnishing services as a Co-mingled Recyclable processor and hereby represents that it desires to and is physically and legally capable of performing the services called for by this Agreement ; and WHEREAS , SERVICE PROVIDER acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4 -10 7; and WHEREAS , this Agreement will be administered fo r CITY by its Director of Public Utilit ies (here inafte r referred to as "Administrato r") or des ignee . 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. Definitions . For the purposes of this Agreement , the definitions and identificat ions set forth below are agreed upon by the Parties . (a ) Approval -shall mean a discretionary approval which shall not be unreasonably withheld , unless stated otherwise . (b ) Business Day(s) -shall mean Monday through Saturday . (c) CITY 's Representative -shall mean the Director of Public Utilities or his/her designee . (d) Contam inants -shall mean those chemicals , waste or other materials that render normally Recyclable Materials unusable or cause them to lose their market value. (e) Fiber Materials -shall include , but not be limited to , the following paper products : newspaper, mixed paper, office paper, computer paper, magazines , cardboard , -1- chipboard , paper bags, and telephone books . (f) Holiday(s) -shall mean Thanksgiving Day , Christmas Day , and New Year's Day . (g) Municipal Solid Waste ("MSW") -shall mean refuse , garbage , and trash , and may include food wastes , inorganics , and other materials not suitable for Recyclable Materials Processing . (h) Process or Processing -shall mean the method by which the SERVICE PROVIDER prepares the collected Recyclable Material for storage , shipment , and/or sale . (i) Processing Facility -shall means the location(s) where SERVICE PROVIDER Processes the collected Recyclable Material prior to storage , shipment and/or sale . The Processing Facility for purposes of this Agreement is located at 3457 S . Cedar Avenue , Fresno , California 93725 ; phone number (559) 233-1158 . U) Receiving Facility -shall mean the location where SERVICE PROVIDER receives deliveries of co-mingled Recyclable Material from CITY . The Receiving Facility location for purposes of this Agreement is 3457 S . Cedar Avenue , Fresno , California 93725 ; phone number (559) 233-1158 . Any proposed change to the location of the Receiv ing Facility is subject to the approval of the CITY , which will not be unreasonably withheld . (k) Recyclable Material(s) (also "Materials ") -shall include , but not be limited to , the various grades of waste paper, newsprint, magazines , envelopes , telephone books , corrugated cardboard , chipboard , glass (colorless , green , or brown), metal , rigid beverage containers , thermoplastics (1 , 2 , and 3), milk and juice containers (aseptic packages), and such other materials as mutually agreed upon in writing by the CITY and the SERVICE PROVIDER. Except as expressly provided herein , Recyclable Material shall not include any container which contains or has contained any hazardous waste or hazardous substance as defined in the California Health and Safety Code and/or any other material mutually agreed upon in writing by both Parties . (I) Ton -shall mean 2 ,000 pounds avoirdupois . (m) Working Day(s) -shall include all days the City of Fresno Recycling collection services are operational , as set by the City of Fresno solid waste collection schedule . SERVICE PROVIDER may petition CITY to modify these working hours to meet the conditions of its permit ; however, CITY shall be under no obligation to agree to any modification. (n) Year -shall mean the anniversary date of the Effective Date of this Agreement. 2 . Scope of Services. SERVICE PROVIDER shall perform to the satisfaction of CITY , the services described in Exhibit A , including all work incidental to or necessary to perform such services , even though not specifically described in Exhibit A. By executing this Agreement, SERVICE PROVIDER guarantees it currently has the site capacity , staffing , and equipment to fully meet the requirements of this Agreement. -2- 3 . Non-Exclusive Agreement. CITY agrees to deliver to SERVICE PROVIDER 's Receiving Facility , on a daily basis , excluding Sundays , approximately 50 percent of Recyclable Materials it (or its agent) collects . SERVICE PROVIDER acknowledges and agrees this is a non -exclusive Agreement and CITY is not obligated by this Agreement to deliver a minimum amount of Recyclable Materials to the Receiving Facility , but only approximately 50 percent of whatever is collected . CITY will make best efforts to deliver Recyclable Materials of equitable quality to all service providers receiving Recyclable Materials each day. Furthermore , CITY makes no guarantee on tonnages of Recyclable Material to be anticipated by SERVICE PROVIDER , but will endeavor to avoid large fluctuations in the amount of material that is delivered to the Receiving Facility on any given day . CITY retains the right to divert negligible quantities of Recyclable Materials for various purposes at its sole discretion . 4 . Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above ("Effective Date") and shall continue in full force and effect for ten years , through June 30 , 2026 , subject to any earlier termination in accordance with this Agreement. The services of SERVICE PROVIDER as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion , but in any event , all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedu le set forth in Exhibit A. 5 . Business License . If the SERVICE PROVIDER does not have a C ity of Fresno Business License , it shall obtain such a license prior to the Effective Date of this Agreement and maintain it in effect throughout the term of this Agreement. 6. Compensation. (a) SERVICE PROVIDER shall compensate CITY for each ton of Recyclable Material in accordance with the schedule set forth in Exhibit A, attached hereto and by this reference incorporated herein . (b) SERVICE PROV IDER shall provide quarterly statements accounting the calculated rebates owed to CITY , on January 15 , April 15 , July 15 , and October 15 of each year . (c) SERVICE PROVIDER shall pay CITY quarterly. Such payment shall accompany each quarterly report. Should SERVICE PROVIDER fail to make payment to CITY within 30 days of the dates described in Subsections (a) and (b) above , SERVICE PROVIDER shall pay interest to CITY on such amount at the rate of 8 percent per annum , accumulated for each calenda r day payment is late . (d) Contaminants . The Parties recognize that Contaminants lessen the efficiency of Processing and SERVICE PROVIDER incurs costs disposing of Contaminants. After two years from the Effect ive Date of this Agreement, if Contaminants comprise more than 25% of the Materials delivered to SERVICE PROVIDER by CITY or it agent(s), based upon the Compos ition Study procedures as set forth -3- in EXHIBIT D, SERVICE PROVIDER may reduce its compensation to CITY by the then-current per-ton cost to dispose of the excess Contaminants (more than 25%) at the CITY-designated disposal facility (currently American Avenue Landfill). SERVICE PROVIDER shall document weight of Contaminants by providing certified weight tickets from the disposal facility. In the event that CITY delivers materials to SERVICE PROVIDER containing less than 20% Contaminants , as calculated by the Composition Studies , SERVICE PROVIDER shall increase its compensation to CITY $1.00 per ton of recyclable materials received . SERVICE PROVIDER shall conduct a Composition Study of the CITY'S delivered materials in both May and October of each year of this Agreement , in accordance with procedures described below. Thereupon , the average of the most recent two Composition Studies will be used to determine the percentage of Contaminants contained in the City 's Recyclable Materials. If CITY has contracted with more than once SERVICE PROVIDER to process Recyclable Materials , all SERVICE PROVIDERS shall complete Composition Studies as set forth herein . Of the Compos ition Studies completed by each SERVICE PROVIDER , the pair of Compos ition Studies calculating the lowest average of Contaminants shall be used by the City and all SERVICE PROVIDERS to establish the level of Contaminants in the materials delivered to SERVICE PROVIDER. CITY shall be given no less than 24 hours ' prior notice of, and have the right to observe , monitor , and audit , each and every Composition Study conducted by SERVICE PROVIDER. The SERVICE PROVIDER and CITY shall mutually agree upon the date(s) and time(s) of any Composition Study examining CITY's materials , in writing , no less than three (3) days in advance of each Composition Study. (e) SERVICE PROVIDER understands and agrees any request by SERVICE PROVIDER to adjust the payment to CITY other than as set forth in this Agreement , make material changes to this Agreement , or otherwise decrease revenue or increase costs to CITY under this Agreement, may result in CITY either , in the CITY 's sole discretion : (1) issuing a new Request for Proposals for these services; or (2) entering into an agreement with another provider of the same service then currently under contract to complete the balance of the term of this Agreement pursuant to the terms of the other contract ; either of which may result in termination of this Agreement if CITY awards a contract to another service provider. Notwithstanding the above, SERVICE PROVIDER may submit to the Administrator a request for a price adjustment, along with documentation supporting the request , if all the following occur: -4- i) A material change in law (for example, minimum wage or regulatory requirements) including , but not limited to , the cumulative impact of multiple changes in law , affects the net cost to perform the services herein by a margin of at least 10 percent (based upon cost at the commencement of the Agreement); ii) The change in law negatively affects feasibility of providing the services as set forth in Exhibit A , based upon the net cost to SERVICE PROVIDER and considering a combination of commodity market gains , lower fuel costs , or other offsets to the costs incurred due to a change in law ; and iii) The negative impact continues for a period of at least one year . OR iv) The average monthly market price is less than $70 for two consecutive quarters, as reported by the Pulp and Paper Weekly using the PPI Recovered Paper -Export Market Index , Mixed Paper (2) -Official Board Markets ("OBM) Los Angeles ("LA ") commodity designation. Should a request demonstrate the above , the Administrator shall consider the request , and the Parties shall have 60 days to negotiate a price adjustment and amendment to this Agreement , subject to approval of the City Council. If no agreement is reached , the Parties may agree to continue the Agreement without a change in terms, or the CITY will issue a Request for Proposals or enter into an agreement with another provider of the same service then currently under contract, as set forth above . If no agreement is reached , 180 days from the date SERVICE PROVIDER submits a request , SERVICE PROVIDER shall be relieved of its duties to CITY hereunder and shall have no further obligation pursuant to this Agreement to furnish the services called for by this Agreement. If this Agreement is terminated by CITY pursuant to the above , SERVICE PROVIDER shall be relieved of its duties to CITY hereunder and shall have no further obligation pursuant to this Agreement to furnish the services called for by this Agreement. Apart from its obligation to pay to CITY any compensation due to CITY for materials delivered and processed prior to such termination , SERVICE PROVIDER shall have no further liability whatsoever to CITY hereunder. (f) Should the Parties mutually agree to modify the scope of services provided in this Agreement or provide for the rendition of additional services not required by this Agreement, such modification may include an adjustment to CITY's compensation. Any change in the scope of services must be made by written amendment to the Agreement and signed by an authorized representative for each Party . (g) Payment: SERVICE PROVIDER shall submit payment to the City of Fresno as set forth in this Agreement at the following address: -5- City of Fresno Solid Waste Division 1325 El Dorado Street, Building S Fresno , CA 93721 7. Termination , Remedies and Force Majeure. (a) This Agreement may terminate without any liability of SERVICE PROVIDER to CITY as provide in Section 6 above , and without any liability of CITY to SERVICE PROVIDER upon the earlier of: (i) 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 ; (ii) any material change to SERVICE PROVIDER which affects SERVICE PROVIDER 's obligations to CITY ; or (iii) expiration of this Agreement. (b) Termination for cause : (i) If the SERVICE PROVIDER shall fail to complete delivery within the time or times specified herein , of all or any part of the materials , equipment, supplies , or services to be provided under the Agreement , the City Manager of the City of Fresno or his/her designee , acting for and on behalf of CITY , may at any time after the expiration of the time for cure, terminate the Agreement as to the whole thereof; or in the event partial delivery has been made and accepted , as to such of the items or seNice to be furnished which have not been delivered or accepted prior to such termination. (ii) Either Party may terminate this Agreement if the other Party materially breaches any of its obligations under this Agreement and fails to commence and diligently pursue reasonable efforts to cure such breach within 15 days after written notice by the other Party specifically describing the breach. (iii) Such termination shall be effective upon receipt by the a Party of written notice of termination from the authorized representative of the other Party , which notice shall be deemed to have been received by the other Party , if mailed by certified mail , within 48 hours to the Party 's address as conta ined this Agreement , or , if personally delivered , upon the delivery thereof to the Party , the authorized representative of the Party , or to the Party 's said address . (c) Immediately upon any termination or expiration of this Agreement , SERVICE PROVIDER shall : (i) stop all work hereunder; (ii) pay to CITY any and all earned payments ; and (iii) return all properties and materials in the possession of SERVICE PROVIDER that are owned by CITY . Subject to the terms of this Agreement, SERVICE PROVIDER shall pay compensation to CITY for Recyclable Materials delivered prior to the effective date of termination . (d) In the event of termination due to failure of SERVICE PROVIDER to satisfactorily perform in accordance with the terms of this Agreement , CITY may demand from -6- SERVICE PROVIDER payment of an assurance , in 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 such demand 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 SERVICE PROVIDER , nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach . (e) Upon any breach of this Agreement by SERVICE PROVIDER , 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. (f) SERVICE PROVIDER shall provide CITY with adequate written assurances of future performance , upon Administrator's request , in the event SERVICE PROVIDER fails to comply with any terms or conditions of this Agreement. (g) SERVICE PROVIDER shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of SERVICE PROVIDER 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 . SERVICE PROVIDER shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay , setting forth the full particulars in connection therewith , and shall remedy such occurrence with all reasonable dispatch , and promptly give written notice to Administrator of the cessation of such occurrence . 8. Receiving Recyclable Materials . (a) SERVICE PROVIDER shall make the Receiving Facility available for deliveries of Recyclable Material on Working Days (between the hours of 6 :30 a.m . to 5 :30 p.m., Monday through Friday , and from 7 :00 a .m . to 12 :00 p .m. on Saturday , except Holidays), or such other times as the Parties may agree. (b) Except as expressly provided in this subsection , SERVICE PROVIDER will accept the Recyclable Material "as is" and will assume all risks in handling such mate ri al. (c) Recyclable Material delivered to the Receiving Facility by CITY shall be received by SERVICE PROVIDER's employees and equipment onto grounds of the Receiving Facility . SERVICE PROVIDER shall ensure that CITY's vehicles are able to complete delivery of a load in twelve minutes or less (from time of weigh- in prior to unloading the Materials through weigh-out after unloading the Materials). (d) SERVICE PROVIDER shall make accessible clean , sanitary , and well- maintained restroom facilities conveniently located at the Receiving Facility for -7- drivers delivering Recyclable Materials. Said restrooms shall remain available during all hours the Receiving Facility may receive Recyclable Materials. (e) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY vehicle pursuant to this Agreement constitutes "hazardous material " as defined in Division 4 .5 of Title 22 of California Code of Regulations , then SERVICE PROVIDER may reject such load and return it to CITY ; provided that SERVICE PROVIDER provides to CITY clear and convincing evidence that the entire load returned by SERVICE PROVIDER : (i) was originally contained in a single load delivered by a CITY vehicle pursuant to this Agreement ; and (ii ) that such entire single load constituted "hazardous material " as defined in Division 4 .5 of Title 22 of California Code of Regulations . (f) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY veh icle pursuant to this Agreement is comprised of 50 percent or greater Contaminants by weight, SERVICE PROVIDER may reject the single load , provided SERVICE PROVIDER may back charge CITY for its reasonable and necessary processing costs , but shall keep the load and not require CITY retake possession of the load. (g) SERVICE PROVIDER shall provide weight tickets from a State of California registered and certified scale. Weight tickets are to be signed by the delivering CITY employee. SERVICE PROVIDER shall electronically transmit data of all weight tickets to CITY for each Working Day , by the following Working Day . SERVICE PROVIDER shall sort the original ha rd copy weight tickets by date and mail or deliver to CITY's Solid Waste Management Division office on a daily basis. This requirement may be satisfied by giving such hard copies to a CITY delivery vehicle driver to transport to such Division office . The electronic format is to be compatible with Access , Dbase , FoxPro , Excel or ASCII. SERVICE PROVIDER shall develop a format and electronic transfer process satisfactory to CITY with assistance of CITY's information systems specialist. SERVICE PROVIDER shall prepare each weight ticket by assigning each a unique control number, identifying thereon the Receiving Facility by name , and including thereon the following printed informat ion : Inbound Date and Time , Weighmaster Outbound Date and Time , Weighmaster CITY Truck Number, Vehicle License Plate Number , Description of material , Gross Weight in pounds , Gross Truck Tare Weight in pounds , Net Weight in pounds , Driver Signature , Route Number. (h) SERVICE PROVIDER shall at al l times comply with all federal, state and local agency regulations in receiving Recyclable Materials. (i) In furtherance of CITY delivering Recyclable Materials with no more than a reasonable quantity of residual/contaminant materials , CITY will continue a good faith reasonable program of educating solid waste customers about minimizing Recyclable Material contamination and enforcement efforts . -8- 9. Processing Recyclable Materials . (a) SERVICE PROVIDER shall be responsible for the storage , processing , transfer, sale , and final disposition of CITY 's Recyclable Materials at the Processing Facility in a manner ensuring compliance with permits issued by federal , state or local governmental bodies or agencies for the Processing Facility. Final end-use of Processed Recyclable Materials shall conform to California Integrated Waste Management Board ("CIWMB"), now "CalRecycle ," Assembly Bill 939 ("AB939") requirements to enable CITY to receive maximum feasible diversion credits . SERVICE PROVIDER shall comply with the provisions of the Source Reduction and Recycl ing Element (SRRE) plan adopted by CalRecycle for CITY to meet such AB939 requirements. The end use of one hundred percent of CITY's Recyclable Materials received and Processed by SERVICE PROVIDER shall be subject to the reasonable approval of CITY's Representative . SERVICE PROVIDER shall comply with all applicable federal , state and local laws , and with AB939 requirements for final disposition of CITY's Recyclable Materials. (b) SERVICE PROVIDER shall be responsible for all costs related to , and disposal of, any Residuals from the Recyclable Materials delivered to SERVICE PROVIDER. (c) SERVICE PROVIDER shall meet all federal , state and local laws , as well as CalRecycle regulations and standards for the methods of Processing of Recyclable Materials . 10 . Confidential Information and Ownership of Documents . (a) Subject to State regulations , any reports , information , or other data prepared or assembled by SERVICE PROVIDER pursuant to this Agreement shall not be made available to any individual or organization by SERVICE PROVIDER without the prior written approval of the Administrator. During the term of this Agreement , and thereafter, SERVICE PROVIDER 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 , 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 of CITY . Confidential Information shall not include daily tonnage records of materials received from CITY. (b) Any and all writings and documents prepared or provided by SERVICE PROVIDER pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement. SERVICE PROVIDER shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein . (c) This Section shall survive expiration or termination of this Agreement. -9- 11 . Representation of Skill. It is mutually understood and agreed by and between the Parties hereto that inasmuch as SERVICE PROVIDER represents to CITY that SERVICE PROVIDER is skilled in the industry and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement , CITY relies upon the skill of SERVICE PROVIDER to do and perform such services in a skillful manner , and SERVICE PROVIDER agrees to thus perform the services . Therefore , any acceptance of such services by CITY shall not operate as a release of SERVICE PROVIDER from said industry standards or those set forth in this Agreement. 12 . Indemnification . To the furthest extent allowed by law , SERVICE PROVIDER shall indemnify , hold harmless and defend CITY and each of its officers , officials , employees , agents and volunteers from any and all loss , liability , fines , penalties , forfeitures , costs , and damages (whether in contract, tort or strict liability , including but not limited to personal injury , death at any time , and property damage), and from any and all claims , demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to , or relate to the negligence , recklessness or willful misconduct of SERVICE PROVIDER , its principa ls , officers , employees , agents or volunteers in the performance of this Agreement. The SERVICE PROVIDER 's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers , officials , employees , agents or volunteers are actively or passively negligent , but shall not apply to any loss , liability , fines , penalties , forfeitures , costs or damages caused by the gross negligence or by the willful misconduct of CITY or any of its officers , officials , employees , agents or volunteers . This section shall survive termination or expiration of this Agreement. 13 . Insurance. (a) Throughout the life of this Agreement , SERVICE PROVIDER 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 Californ ia 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 wr iting 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 , SERVICE PROVIDER fails 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 SERVICE PROVIDER shall be withheld until notice is received by CITY that the required insurance has been restored to -10- 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 SERVICE PROVIDER 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 SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER , its principals , officers , agents , employees , or persons under the supervision of SERVICE PROVIDER , vendors , suppliers , invitees , consultants , sub-consultants , or anyone employed directly or indirectly by any of them . (d) Upon request of CITY , SERVICE PROVIDER 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. 14 . Conflict of Interest and Non-Solicitation. (a) Prior to CITY 'S execution of this Agreement , SERVICE PROVIDER 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 , SERVICE PROVIDER shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by SERVICE PROVIDER in such statement. SERVICE PROVIDER shall 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 .) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq .). At any time , upon written request of CITY , SERVICE PROVIDER shall provide a written opinion of its legal counsel that , after a due diligent inquiry , SERVICE PROVIDER is in full compliance with all laws and regulations . SERVICE PROVIDER shall take reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of -11- interest , SERVICE PROVIDER shall immediately notify CITY of these facts in writing . (b) In performing the work or services to be provided hereunder, SERVICE PROVIDER 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 s imilar CITY body . This requirement may be waived in writing by the City Manager , if no actual or potential conflict is involved . (c) SERVICE PROVIDER 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 . (d) SERVICE PROVIDER shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager , in advance and in writing. Notwithstanding any approval given by the City Manager under this provision , SERVICE PROVIDER shall remain responsible for complying with Section 14(a), above . (e) This Section shall survive expiration or termination of this Agreement. 15. Recycling Program. In the event SERVICE PROVIDER 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 , SERVICE PROVIDER at its sole cost and expense shall: (a) 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 . (b) 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. (c) 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. 16 . General Terms. (a) Authorized signature . Except as otherwise provided by law , all notices expressly required of CITY within the body of this Agreement , and not otherwise specifically provided for , shall be effective only if signed by the Administrator or his/her designee . (b) Audits . Records of SERVICE PROVIDER '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 -12- 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 SERVICE PROVIDER 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. This Section 11 (b) shall survive expiration or termination of this Agreement. (c) License . Prior to execution of this Agreement by CITY, SERVICE PROVIDER shall have provided evidence to CITY that SERVICE PROVIDER is licensed to perform the services called for by this Agreement (or that no license is required). 17. Nondiscrimination. To the extent required by controlling federal , state and local law , SERVICE PROVIDER shall not employ discriminatory practices in the provision of services , employment of personnel , or in any other respect on the basis of race, religious creed , color, national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . Subject to the foregoing and during the performance of this Agreement , SERVICE PROVIDER agrees as follows : (a) SERVICE PROVIDER 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) SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race , religious creed , color , national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex, age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era. SERVICE PROVIDER shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin , ancestry , physical disability , mental disability, medical condition , marital status , sex , age , sexual orientation , ethnicity, status as a disabled veteran or veteran of the Vietnam era . Such requirement shall apply to SERVICE PROVIDER '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 . SERVICE PROVIDER agrees to post in conspicuous places, available to employees and applicants for employment , notices setting forth the provision of this nondiscrimination clause. -13- (c) SERVICE PROVIDER will, in all solicitations or advertisements for employees placed by or on behalf of SERVICE PROVIDER 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) SERVICE PROVIDER 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 SERVICE PROVIDER 'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18. Independent Contractor. (a) In the furnishing of the services provided for herein , SERVICE PROVIDER is acting solely as an independent SERVICE PROVIDER. Neither SERVICE PROVIDER , nor any of its officers , agents or employees shall be deemed an officer , agent , employee , joint venture , partner or assoc iate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which SERVICE PROVIDER shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that SERVICE PROVIDER is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between SERVICE PROVIDER and CITY . SERVICE PROVIDER shall have no authority to bind CITY absent CITY 'S express written consent. Except to the extent otherwise provided in this Agreement, SERVICE PROVIDER shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent SERVICE PROVIDER , SERVICE PROVIDER and its officers , agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. SERVICE PROVIDER 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, SERVICE PROVIDER shall be solely responsible, indemnify , defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of SERVICE PROVIDER'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 o r interest in CITY employment benefits , entitlements , programs -14- 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 , SERVICE PROVIDER may be providing services to others unrelated to CITY or to this Agreement. 19 . 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 prepa id , 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 Un ited States mail in the manner above described shall be deemed sufficiently served or given at the time of the mail ing thereof. 20 . Binding . 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 . 21 .Assignment. (a) This Agreement is personal to SERVICE PROVIDER and there shall be no assignment , transfer , sale , or subcontracting by SERVICE PROVIDER of its rights or obligations under this Agreement without CITY approval. Any assignment by SERVICE PROVIDER o r its successors without CITY approval shall be null and void and may result in termination of this Agreement , at the election of the CITY . (b) SERVICE PROVIDER hereby agrees not to assign the payment of any monies due SERVICE PROVIDER 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 SERVICE PROVIDER directly to SERVICE PROVIDER. 22 . Compliance with Law. In providing the services required under this Agreement, SERVICE PROVIDER 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. 23. 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 . 24. 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 . -15- 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. 25 . 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. 26 . Severability. The provisions of this Agreement are severable . The invalidity or unenforceability of any one provision in this Agreement shall not affect the other prov1s1ons. 27 . 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 . 28. 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 . 29. Exhibits . Each exhibit and attachment referenced in this Agreement is, by the reference , incorporated into and made a part of this Agreement. 30 . 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 . 31 . 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 . 32. 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. 33. Extent of Agreement. Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and SERVICE PROVIDER. -16- IN WITNESS WHEREOF , the Partie s have executed this Agreement at Fresno , California , the day and year first above w ritten . CITY OF FRESNO , a California municipal corporation By : ; Lt/\/ Thom ~Es eda , Director Depa ~,,91 e of Public Utilities ATTEST : YVONNE SPENCE City Clerk CEDAR AVENUE RECYCLING AND TRANSFER STATION , LP ::alifor#*~ Nf g//b Name 1~C/14dt1rtf 4- Title : /k:f .c!R@ /J~ , Partner By: By : 7Y}O<AA!-u 7()~ -....tl/~Name : _________ _ Deputy M """° M c,,c,\,-\~(.e-vt..l'-1 ~~ ?:>18 )l(p T itle: APPROVED AS TO FORM : DOUGLAS T . SLOAN City Attorney By :· ~~·--(9.-/.6 Date Addresses CITY : City of Fresno Attention : Jerry Schuber, Assistant Director of Public Utilities 1325 El Dorado Fresno , CA 93706 Phone : (559) 621-1801 FAX : (559) 266-1009 Attachments : Exhibit A -Scope of Services and Revenue Schedule Exhibit B -Insurance Requirements Exhibit C -Conflict of Interest Disclosure Exhibit D -Composition Study Process -17- Partner SERVICE PROVIDER: Cedar Avenue Recycling and Transfer Station , LP Attention : Richard M . Caglia , Partner 3457 S . Cedar Ave. Fresno , CA 93725 Phone : (559) 233-1158 FAX : (559) 441-4140 Exhibit A SCOPE OF SERVICES Service Agreement between City of Fresno and Cedar Avenue Recycling and Transfer Station, LP Co-mingled Recyclables Processing The Service Provider shall provide to CITY services related to Recyclables Processing as follows: 1. The Service Provider(s) will receive , process and recycle Recyclable Materials collected by the City of Fresno or its assigned agents and delivered to the Service Provider(s) processing site in accordance with the terms of this Agreement. 2 . The Service Provider will be expected to pay the City on a per ton basis for all Recyclable Materials delivered to the Service Provider processing site , as set forth in the terms of this Agreement. 3. The Service Provider(s) will assume all responsibility for the legal and proper disposal of residual waste materials that cannot be beneficially reused or recycled by the vendor(s). All residual waste materials shall be disposed of at the American Avenue Landfill , which is owned and operated by Fresno County. 4 . The Service Provider(s) shall be required to submit quarterly tonnage reports for Recyclable Materials delivered to the Service Provider's processing site by the City , and the tonnage reports shall include the quantities of residual waste materials delivered to the American Avenue Landfill . Description of Current Services The City currently provides residential solid waste collection service to all single-family residential housing units (up to four dwelling units) located within the City 's municipal corporate limits. All residents receive solid waste collection , Co-mingled recyclables collection , and green waste collection services on a designated day for their neighborhood , and are provided with 96-gallon carts for each of the three material streams . Additional 96-gallon carts can be provided upon request , and an additional charge , for Co-mingled recyclables and green waste . The materials accepted through that program are listed on the City 's website at: http://www.fresno .gov/Government/DepartmentDirectory/PublicUtilities/SolidWaste/Resi dentialServices/Blue.htm REVENUE SCHEDULE FOR RECYCLABLE MATERIALS PAYMENTS FROM CARTS TO CITY OF FRESNO Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1.00 $110.00 to $119.99 $2.00 $120.00to $129.99 $3.00 $130.00 to $139.99 $5.00 $140.00 to $149.99 $7 .50 $150.00 to $159.99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189 .99 $16.00 $190.00 to $199.99 $18.00 $200 .00 $20.00 >$200.00 $20.00 + $2.00/ $10 * *Based on the PPI Recovered Paper -Export market index, Mixed Paper (2) -OBM LA commodity designation. 2 Exhibit B INSURANCE REQUIREMENTS Service Agreement between City of Fresno ("CITY") and Cedar Avenue Recycling and Transfer Station, LP Co-m ingled Recyclables Processing 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. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER shall maintain limits of liability of not less than those set forth below . However, insurance limits available to CITY, its officers, officials , employees , agents and volunteers as additional insureds , shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured : 1. COMMERCIAL GENERAL LIABILITY : (a) $2 ,000 ,000 per occurrence for bodily injury and property damage; (b) $2 ,000 ,000 per occurrence for personal and advertising injury; (c) $4 ,000 ,000 aggregate for products and completed operations ; and , (d) $4 ,000 ,000 general aggregate applying separately to the work performed under the Agreement. 2 . COMMERCIAL AUTOMOBILE LIABILITY : $1 ,000 ,000 per accident for bodily injury and property damage. 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than (a) $1 ,000 ,000 each accident for bodily injury ; (b) $1 ,000 ,000 disease each employee ; and , (c) $1 ,000 ,000 disease policy limit. 5 . CONTRACTORS' POLLUTION LEGAL LIABILITY (CPL) (and/or other applicable policies as determined by the City 's Risk Manager or his/her designee , e.g . Asbestos Legal Liability) unless waived in writing by the CITY'S Risk Manager or his/her designee shall be written on either an occurrence form , or a claims-made form , and is required for all environmental and water remediation work and for all work transporting fuel. CPL is also required for demolition , renovation , HVAC , plumbing and electrical work (including , without limitation , lighting) on any structure built prior to the year 1990 with limits of liability of not less than the following : (a) $1 ,000 ,000 per occurrence or claim ; and , (b) $2 ,000 ,000 general aggregate per annual policy period . (i) In the event this Agreement involves any lead based , mold or asbestos environmental hazard , either the CAL policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by SERVICE PROVIDER pursuant to the Agreement. (ii) In the event this Agreement involves any lead-based environmental hazard (e.g ., lead based paint), and/or asbestos environmental hazard (e.g . asbestos remediation), and/or mold environmental hazard (e .g . mold remediation) the CPL insurance policy or other appropriate policy shall be endorsed to include coverage for lead based environmental hazards and/or asbestos 2 environmental hazards and/or mold environmental hazards and "microbial matter including mold " with the definition of "Pollution " und UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER 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 SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER shall also be responsible for payment of any self-insured retentions . Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by , the CITY 'S Risk Manager or his/her designee . At the option of the CITY 'S Risk Manager or his/her designee , either: (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) SERVICE PROVIDER 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 . SERVICE PROVIDER 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, SERVICE PROVIDER 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, SERVICE PROVIDER 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 . 3 (ii) The CGL , CAL and CPL policies of insurance shall be endorsed to name CITY , its officers , officials, agents , employees and volunteers as additional insureds. SERVICE PROVIDER 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 . (iii) For any claims related to this Agreement , SERVICE PROVIDER '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 SERVICE PROVIDER 'S insurance and shall not contribute with it. SERVICE PROVIDER shall establish primary and noncontributory status by use of ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 01 04 13 . (iv) 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 . (v) 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. (v) 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 . PROVIDING CITY WITH DOCUMENTS -SERVICE PROVIDER 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 , SERVICE PROVIDER 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. CLAIMS-MADE POLICIES -If any coverage required is written on a claims- made coverage form: 4 (i) The retroactive date must be shown , and must be before the effective date of the Agreement or the commencement of work by SERVICE PROVIDER. (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 , SERVICE PROVIDER must purchase "extended reporting " per iod 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. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension , SERVICE PROVIDER fails to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately 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 suffic ient cause for CITY to terminate this Agreement. No action taken by CITY hereunder shall in any way relieve SERVICE PROVIDER 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. The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , 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 SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER , its principals , officers , agents , employees , persons under the supervision of SERVICE PROVIDER , vendors , suppliers , invitees, consultants , sub-consultants , or anyone employed directly or indirectly by any of them. s Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Co-mingled Recyclables Processing YES* NO 1 Are you currently in litigation with the City of Fresno or any of its D ~ agents? 2 Do you represent any firm, organization or person who is in D ~ litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do ~ D business with the City of Fresno? 4 Are you or any of your principals , managers or professionals , owners or investors in a business which does business with the D ~ City of Fresno , or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals , managers or professionals , related by blood or marriage to any City of Fresno employee who D [gJ has any significant role in the subject matter of this service? 6 Do you have , or expect to have , any interest, direct or indirect, in any other contract in connection with this Project? ~ D * If the answer to any question is yes , please explain in full below. t, -Sig-n~----'~'"---,~~'~~~-:;2'-~...___' _' f1 1 Explanation : {¥3) <!411.... r.5 p<Zr - ;lo r /Y'J-:.. > e rv / t e ~ -,Cc, ,,-C'11-v ~ /;;2 '/lr; / 4 rJ/?<'ll-cu,.r,:r/'JT CL;"17"/"41 {;. d 6} C.A/'Lrs /pt.Ir/<.> w1-i-/., " /J <' ,;::'D / "Y? c. ;7 (.; of:' ,R rl'> < ,e-f" .J MJ /"<? ( '7 ( / q /:, )<' > . D Additional page(s) attached. Date ·12~:(_tf?~~ @ q~,9-· (name) C'<'-PAl"l-AV~L'<-- /t.<"<(f<'/J;;i .5 { r ref,15~,,,. ' (company) ?.t:>. Jt>.X tj-1/6 (address) .,,Cl'Z-5 46) ~. 9 's 7 ° i (city state zip) EXHIBIT D Composition Study Procedures Composition Study Procedures 1. In preparation for , and prior to the start of each Composition Study , SERVICE PROVIDER shall ensure that: a. CITY has agreed to the date of the Composition Study in writing at least seven (7) days prior, and CITY is permitted to station observers to monitor the Processing Facility for the duration of the Composition Study or any portion thereof, at sole discretion of CITY's Administrator ; b. The Processing line and equipment are clear of all material and debris processed prior to the Composition Study , c . All floor space , areas , bunkers , and other facilities are adequately clear of all materials not appropriate for inclusion in the Composition Study including , but not limited to , materials delivered to the Processing Facility by any third party ; and d. Notify appropriate personnel , including , without limitation , employees of SERVICE PROVIDER , of the Composition Study and procedures, so that the likelihood of a breach in Composition Study procedures may be minimized . 2 . The Composition Study shall include 100% of the Recyclable Materials and Residual Materials delivered to the Processing Facility by the CITY , or CITY'S agent(s), on the days designated as the Composition Study sample days. 3 . SERVICE PROVIDER shall bale all Recyclable Materials processed during the Composition Study in the manner appropriate for preparation for shipping . All Recyclable Materials shall be weighed and all bales measured for volume . 4. At the conclusion of the Composition Study , SERVICE PROVIDER shall ensure that all Recyclable Materials provided and identified for the Composition Study are processed and included in the Composition Study. 5. SERVICE PROVIDER shall provide to the CITY an analytical report by material type. The analytical report shall include weight and volume processed by each material type , as well as other information that may be deemed appropriate by the CITY . 6 . The days of the week selected for the Composition Study should be rotated to ensure that the material and data are representative of the CITY'S material delivery profile . City of Fresno Legislation Text File#: 1016 -207, Version: 1 REPORT TO THE CITY COUNCIL February 25, 2016 FROM: DOUG SLOAN , City Attorney Office of the City Attorney SUBJECT Actions pertaining to processing of Co-mingled Recyclables (Citywide): 26 00 Fres no Stree t Fresno, CA 9372 1 www.fres no .g ov 1. Adopt a finding pursuant to CEQA Guideline 15061 (b)(3) of No Possibility these actions may have a significant effect on the environment. 2 . Award a ten year agreement to Mid Valley Recycling , LLC (Mid Valley), to process 50 percent of the City 's Co-mingled Recyclables (recyclables) at an indexed rate paid per ton to the City . 3. Award a ten year agreement to Ceda r Avenue Recycling and Transfer Station , LP (CARTS), to process 50 percent of the City 's recyclables at an indexed rate paid per ton to the City . EXECUTIVE SUMMARY On December 10 , 2015 , Council directed the City Attorney to negotiate agreements with the top two proposers for green waste and recyclables processing , with each to receive approximately 50 percent of the City 's materials collected . · Council may award two , ten-year agreements -one to Mid Valley to process 50 percent of the City's recyclables at an indexed rate with a floor of $1 .00 per ton paid to the City , and another to CARTS to process the remaining 50 percent on the same terms . After two months of negotiations , the parties have reached agreements, subject to Council approval. BACKGROUND In May 2015 , the City issued Request for Proposals (RFP) 3405 , seeking proposals to process both recyclables and green waste . Of the proposers for recyclables , Mid Valley proposed the highest payment to the City at $10 per ton , and CARTS was second at $7 .50 . On October 8 , 2015 , Council was asked to approve an agreement with Mid Valley , subject to negotiation of the final terms . The item was continued to allow the Administration to pursue a "best and final offer" from the top proposers . However, that request was rescinded on October 21 , 2015 , and the RFP was repealed on October 23 , 2015. Subsequently Council directed the City Attorney to negotiate with the top two proposers in each category . Cit y of Fr es no Page 1 of 5 Printed on 2/19/2016 powered by Legista r™ File#: 1016 -2 0 7 , Version: 1 2000 Sunset Agreement On March 16 , 2000 , the Council awarded an agreement to Sunset Waste Paper , Inc ., (Sunset) to process residential recycling materials . The initial 5-year term of the Agreement was through March 16 , 2005. The terms of the agreement provided a revenue sharing program for materials delivered to the facility . First Amendment to 2002 Agreement On April 3 , 2002 , Council approved a long term agreement to Sunset , which allowed it to obtain financing for its new processing facility. The agreement also allowed for a larger portion of revenues to be shared with the City . The cost of the processing of materials was based on a per ton charge of $15 .00 per ton for processing and $31.25 per ton for residual waste delivered to American Avenue Landfill. At the conclusion of the agreement costs had risen to $18.55 per ton for processing , with a revenue sharing component , and $31 .25 for residual waste delivered to American Avenue Landfill. Commercial Outsourcing On December 5 , 2011, the City entered into an agreement fo r two commercial franchises , Allied Waste Services and Mid Valley Disposal , which allowed for the franchise holders to process recycling materials at locations other than Sunset. Sunset sued the City of Fresno for breach of the original agreement. The City and Sunset agreed to a settlement of $2 ,900 ,000 paid over the remaining three years of the agreement. In September 2014 , Mid Valley acquired Sunset , its processing facilities, and its contracts upon assignment. A request to assign the current agreement for the City was granted . The subsequent two , five year amendments to the original agreement were not renewed and an RFP for the services was requested . Since March of 2015 and during the RFP process , Mid Valley continues to process materials for the City at no cost or payment to the City. Proposals Pursuant to the RFP , Mid Valley proposed payment to the City of $10 .00 per ton and CARTS $7.50 per ton . However, both companies have made it very clear their proposals were not fixed prices over ten years , but rather were subject to negotiation of complete terms of contracts to include provisions for the fluctuation of commodities markets , labor costs , government regulations , and contamination levels . Even if Council had awarded one or more contracts in November, the complete terms of contracts presented for consideration now likely would have been similar. Price Factors The recycling processors essentially buy materials from the City , sort them , and then resell them . Materials are sorted in to categories largely composed of fiber (paper products), metals, plastics , glass , and then waste destined for the landfill. The recyclables are largely sold to markets abroad and must be transported to ports and shipped . The largest factors affecting the profitability of the operations are the commodities prices , which are affected by supply and demand of the particular items and oil prices . The commodity with the greatest influence , and therefore the customary standard for pricing , is the fiber market. Over the last five years , prices for fiber have ranged from about $80 to $210 per ton , with a typical price of about $130 per ton . Currently , however, prices are very low; and the companies could be losing money even at $0 cost or payment to the City . The companies do anticipate , however , that prices fluctuate and will increase aga in in the future , smoothing the costs and allowing for an offset of losses at other times. Here is a table of actual market prices over the last 5 years: City of Fr es no Page 2 of 5 Print ed on 2/19/20 16 powe red by Leg istar™ File#: ID16-207 , Version: 1 Recycled fiber market prices August 2011 -February 2016 Today 200.00 150.00 100.00 50.00 ·r rl rl rl i B ~ <t O o -LA-OBM Mix Paper ---·· --· J Labor costs also affect the companies . Both companies indicate the feasibility of the prices agreed upon now would be affected by increases in minimum wage . Also affecting the companies is the degree or percentage of waste materials (contaminants) included with the recyclables that must be sorted and sent to a landfill at an additional cost to the recycling company. Contamination levels vary , but average around 20 to 25 percent in materials collected by the City . When valuable recyclables are stolen or otherwise redirected from the City's collection process , this reduces the overall value of the materials and increases the percentages of contaminants. If City solid waste customers are not diligent in separating materials or place wet paper products (wet products cannot be processed) in the City recycling containers , this negatively impacts the recycling operations . This factor is influenced by the degree and effectiveness of City education and enforcement programs concerning recycling . Current Negotiations The City Attorney 's Office negotiated contracts with the service providers. During the negotiations the companies indicated the RFP did not thoroughly specify criteria for several important variables , such as fluctuations in market rates for the recyclables , and the percentage of contaminants in the recyclable materials , and therefore the initial price offered by Mid Valley was not firm and had been subject to changes based upon those factors . Further , since the RFP was issued in June 2015 , market prices have fallen substantially. For example , the recycled fiber market, the point of sale for roughly half of recyclable materials , was priced at $130 in June 2015 and is currently at $80. In addition , low oil prices are impacting the recycled plastics market , with uncertainty regarding market recovery . These factors are compounded ( by the possibility that labor rates may increase. During negotiations neither Mid Valley nor CARTS "· C ity of Fresno Page 3 of 5 Printed on 2/19/20 16 powered by Legistar™ File#: 1016-207 , Version: 1 felt able to offer the steady per-ton prices submitted in response to the RFP in mid-2015. Both service providers insist on tying payments to the recycled fiber market inde x, with prices calculated quarterly. After extens ive discussions , the agreements before Council include the following material terms : • Payment to the City pursuant to. the market price for recycled fibers , w ith a floor of $1 .00 per ton of recyclables and increased payment to the City based upon market rates , with no ceiling (the City previously paid for recyclables processing , and is currently not paying for processing while negotiations continue); the parties share in the increased profitability as market prices rise . • A request by service provider to change the price other than as set forth in the agreement may result in the City issuing an RFP for the serv ices or awarding services to another service provider currently contracted to perform the services , at the City 's option. • Only exceptions to above are (1) if a change in law causes a greater than 10 percent net decrease in funds to service provider for more than a year, in which case service proyider may submit a request for price adjustment along with documentation supporting a negative effect on its bottom line , or (2) if the market falls below $70 for two consecutive quarters . In either event , service provider and the City may negotiate a rate adjustment for 60 days and if no agreement is reached, City may issue RFP or award to another service provider contracted to perform the services . • Service providers dispose of any residuals at the County landfill. • The City may be back-charged for excessive contaminants , based upon controlled studies conducted twice per year. The proposed reduction in processing costs for recycling will convert the cost to the City for recycling of roughly $350 ,000 per year to revenue for recycling of at least $30 ,000 per year (based on average of 30,000 tons of materials delivered to the two companies). Th is revenue generation will help DPU further Council 's request to maintain current solid waste rates until Fiscal Year 2019. Based upon these negotiations , the City Attorney believes the contractual terms likely would not improve should the City reject these contracts and send the contracts out to another RFP process . ENVIRONMENT AL FINDINGS Pursuant to CEQA Guidelines section 15061 (b)(3), there is no possibility that awarding these agreements will have a significant effect on the environment and this project is not subject to CEQA. This is because awarding the service agreements does not directly affect the environment. Each service provider must comply with CEQA regulations in performing its services , and construction of any new facilities required to fulfill these agreements will be assessed separately prior to construction. LOCAL PREFERENCE Although all the service providers are local businesses , local preference was not considered because FMC 4-109 does not require local preference for non-consulting , non-professional services contracts . City of Fres no Page 4 of 5 Printed on 2/19/20 16 powered by Legistar™ I \ File#: 1016-207 , Version: 1 FISCAL IMPACT The City currently delivers appro x imately 30 ,00 0 tons of cu rbside co-mingled recycling . The prior agreement cost $18 .55 per ton to process , less a share of the revenue , equaling appro x imately $350 ,000 annually . The new agreements prov id e revenue to the solid waste management division and rate paye rs of at least $30 ,000 , for an annual difference of at least $380 ,000 . This is the table set forth in the contracts to determine prices paid to the City : Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1 .00 $110.00 to $119.99 $2.00 $120.00 to $129.99 $3.00 $130.00 to $139.99 $5.o ·o $140.00 to $149.99 S?.50 $150.00 to $159.99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189.99 $16.00 $190.00 to $199.99 $18.00 $200.00 to $209.99 $20.00 >$209.99 $20.00 + $2.00 I $10 *Revenue sharing shall be tied to the PPI Recovered Paper -Export market index , using the Mixed Paper (2) -OBM LA commodity designation . Attachments: Agreement with Mid Valley Agreement with CARTS C it y of Fresno Page 5 of 5 Print ed on 2/19/20 16 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1777 Agenda Date:6/13/2019 Agenda #: 1-CC REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BRIAN S. SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:RAUL GONZALEZ, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to Plant Nitrate Assessment and Treatment Evaluation/Selection at the Regional Wastewater Reclamation Facility (Council District 3) 1.Adopt a finding of Categorical Exemption pursuant to Class 6,Section 15306 of the California Environmental Quality Act Guidelines 2.Approve consultant services agreement with Carollo Engineers in an amount not to exceed $399,082 RECOMMENDATION Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Class 6, Section 15306 of the California Environmental Quality Act (CEQA)Guidelines;approve a consultant services agreement in an amount not to exceed $399,082 including a contingency of $25,000 with Carollo Engineers (Consultant)for the Plant Nitrate Assessment and Treatment Evaluation/Selection at the City of Fresno (City’s)Regional Wastewater Reclamation Facility (RWRF)(Project)to evaluate and recommend the best technology for long-term nutrient removal;and authorize the Director of Public Utilities, or designee, to execute the Agreement on behalf of the City. EXECUTIVE SUMMARY As part of the RWRF’s latest discharge requirements,the City must complete a nitrate study and implement procedures to reduce total nitrogen in the treated effluent.The Consultant will complete a City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1777 Agenda Date:6/13/2019 Agenda #: 1-CC implement procedures to reduce total nitrogen in the treated effluent.The Consultant will complete a study of present and anticipated influent loading,explore nutrient reduction alternatives,perform weighted evaluation of alternatives, and present a conceptual design of the selected technology. BACKGROUND In May 2018,the Central Valley Water Quality Control Board (Water Board)adopted Basin Plan amendments incorporating new programs for addressing ongoing salt and nitrate accumulation in the Central Valley.Once the Basin Plan amendments are approved and implemented,the RWRF’s discharge requirements will be modified to reflect stringent limits for salts and nitrates on the RWRF’s final effluent.For the Nitrate Control Program,the Water Board will adopt a ten milligrams per liter (mg/L)limit for nitrate as nitrogen (NO3-N)with a required Action Plan at a level of 7.5 mg/L. Currently,the RWRF discharges wastewater to its disposal ponds at levels averaging 20 mg/L of NO3 -N.The Water Board has established priorities areas for implementation of the Nitrate Control Program and the City is in Priority 1 area.Once the Basin Plan is implemented,the Water Board will issue a Notice to Comply with the new limits and action plan and the City will have to provide an assessment of nitrate impacts to groundwater caused by the RWRF and its impact to nearby drinking water sources.Part of the assessment requires an Early Action Plan for facilities like the RWRF to bring short and long term measures to address non-compliant levels of NO3-N. This Project is a preemptive attempt to determine the best direction for the RWRF to comply with anticipated NO3-N limits.Considerations will be given to planned expansion projects,Wastewater Master Plan,Bio solids Master Plan,anticipated state regulations,developing technologies,budget, and maximum efficiency. Following Fresno Municipal Code Chapter 4,Article 1 and Administrative Order 6-19,the Department of Public Utilities solicited qualified applicants through the City’s Planet Bids website.Qualified consulting firms were asked to submit Statements of Qualifications (SOQs).DPU received three qualified applicants for this highly specialized solicitation.All three applicants were asked to submit detailed proposals.A panel of subject matter experts reviewed all three proposals on the basis of problem assessment,design approach,schedule,and cost.The panel determined that the most benefit to the City would be provided by Carollo Engineers.A consultant services agreement has been negotiated in an amount not to exceed $374,082 and a $25,000 contingency for the Project,for a total not to exceed amount of $399,092. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment for this Project in accordance with the requirements of CEQA and has determined that it is exempt under Class 6,Section 15306 of the CEQA Guidelines.Class 6 exempts basic data collection,research,experimental management,and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.This Project involves compliance with requirements set forth by a regulatory agency for protection of both natural resources and the environment.The study of alternatives for nutrient removal will involve data collection and result in the evaluation of work plans.No construction is involved in this study.Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1777 Agenda Date:6/13/2019 Agenda #: 1-CC LOCAL PREFERENCE Local preference was not considered because a bid or award of a construction contract is not included in this Project. FISCAL IMPACT There is no impact to the General Fund.This Project is located within Council District 3.This project was identified in the Wastewater Management Division five-year Capital Improvement Plan or current rate structure as a separate project.The planned outcome of this contract will be to develop a long term plan to reduce nitrate levels.Funds in the amount of $466,600 are available in the Sewer Enterprise Fund 40501. Attachments: Attachment 1 - Consultant Services Agreement Attachment 2 - Fiscal Impact Statement City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ FISCAL IMPACT STATEMENT PROGRAM: PLANT NITRATE ASSESSMENT AND TREATMENT EVALUATION/SELECTION TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $399,082.00 *Indirect Cost $20,000.00 TOTAL COST $419,082.00 Additional Revenue or Savings Generated $0.00 Net City Cost $419,082.00 Amount Budgeted (If none budgeted, identify source) $466,600.00 *Indirect Costs Administration _ $15,000.00 Other _ $ 5,000.00 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1778 Agenda Date:6/13/2019 Agenda #: 1-DD REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:ANITA LUERA, Senior Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to Furnish and Install Intelligent Transportation System Fiber Optic Facilities at the Northeast Surface Water Treatment Facility (Bid File 3643) (Council District 6): 1.Adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 (Existing Facilities)and Class 3/Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act Guidelines 2.***RESOLUTION -41st Amendment to the Annual Appropriation Resolution No.2018-157 to appropriate $227,500 to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system fiber optic facilities at the Northeast Surface Water Treatment Facility (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3.Award a construction contract to Kertel Communications,Inc.,dba Sebastian,in the amount of $259,772 RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 (Existing Facilities)and Class 3/Section 15303 (New Construction or Conversion of Small Structures)of the California Environmental Quality Act (CEQA)Guidelines;adopt the 41st Amendment to the Annual Appropriation Resolution (AAR)No.2018-157 to appropriate $227,500 to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system (ITS)fiber optic facilities at the Northeast Surface Water Treatment Facility (NESWTF)(Project);award a construction contract for the Project to Kertel Communications,Inc., dba Sebastian,in the amount of $259,772;and authorize the Director of Public Utilities,or designee, to execute all documents on behalf of the City of Fresno (City). City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1778 Agenda Date:6/13/2019 Agenda #: 1-DD EXECUTIVE SUMMARY The Department of Public Utilities (DPU),Water Division,is seeking to award a construction contract for the Project in the amount of $259,772 to Kertel Communications,Inc.,dba Sebastian,as the lowest responsive and responsible bidder.The adoption of the 41st Amendment to the AAR No. 2018-157 is required to provide full funding of this contract award and staff support costs.This Project is necessary to improve the outdated and unreliable networking systems at the NESWTF. BACKGROUND This Project will extend existing fiber optic facilities in the northeast area to serve the NESWTF.This, along with the installation of small new equipment at the NESWTF will allow for efficient operations and maintenance by DPU Water Division staff.This Project will provide significant improvement to the NESWTF’s existing networking systems.Currently,the NESWTF operates on an outdated and unreliable T-1 telephone communications cable and DPU Water Division staff experience networking (email,critical regulatory reporting,etc.)downtime and slow speeds.This also affects the application of critical security patches to networking hardware;many updates take several days or fail.The ITS fiber optic facilities to be installed within the scope of work for this Project will also connect existing ITS fiber optic facilities in the northeast area,which can be used to synchronize traffic signals along City streets and are a major transporter of information to emergency responders. Plans and Specifications were prepared for this Project.A Notice Inviting Bids was published on March 29,2019,and posted on the City’s Planet Bids website.The Specifications were distributed to 11 prospective bidders and 13 Builder Exchanges.One sealed bid proposal was received and publicly opened on April 30,2019.The bids will expire 64 days after bid opening,which will be on July 3, 2019. Kertel Communications,Inc.,dba Sebastian was determined to be the lowest responsive and responsible bidder with the bid amount of $259,772.The Staff Determination of Award was posted on the City’s Planet Bids website on May 14,2019.Staff recommends that the City Council award a construction contract to Kertel Communications,Inc.,dba Sebastian,in the amount of $259,772 as the lowest responsive and responsible bidder.The submitted bid amount of $259,772 is 4%above the Engineer’s Estimate of $248,700. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this Project in accordance with the requirements of CEQA and has determined that it is exempt under Class 1,Section 15301 and Class 3,Section 15303 of the CEQA Guidelines.Class 1,Section 15301,exempts the repair,maintenance or minor alteration of existing structures or facilities with no further expansion of existing use,and this Project will provide minor alteration to existing facilities.This Project will require installation of new utility vaults in existing sidewalk.Class 3,Section 15303,exempts the construction and installation of limited numbers of new,small facilities,including utility extensions,and the proposed installation of the ITS fiber optic facilities will extend existing utilities.Furthermore,staff has determined that none of the exceptions to the Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this Project. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1778 Agenda Date:6/13/2019 Agenda #: 1-DD LOCAL PREFERENCE Local preference was not implemented as one bid was received. FISCAL IMPACT There is no impact to the General Fund.This Project is located within Council District 6.Funding for this contract and staff support costs is available from the appropriation of retained earnings within the Copper River Ranch Water Infrastructure Fund (40168)upon approval of the attached amendment to the AAR. Attachments: Attachment 1 - 41st Amendment to the AAR No. 2018-157 Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 41st AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2018-157 TO APPROPRIATE $227,500 TO FULLY FUND THE AWARD OF A CONTRACT AND STAFF SUPPORT COSTS TO FURNISH AND INSTALL INTELLIGENT TRANSPORTATION SYSTEM FIBER OPTIC FACILITIES AT THE NORTHEAST SURFACE WATER TREATMENT FACILITY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2018-157 be and is hereby amended as follows: Increase/(Decrease) TO: DEPARTMENT OF PUBLIC UTILITIES Copper River Ranch Water Infra $ 227,500 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Copper River Ranch Water Infra Revenues: Account: 30101 Transfer From Fund Balance $ 227,500 Fund: 40168 Org Unit: 411501 Total Revenues $ 227,500 Appropriations: Account: 51101 Permanent Salaries $ 11,800 57507 Contract Construction 207,300 59117 Overhead 8,400 Fund: 40168 Org Unit: 411501 Project: WC00021 Total Appropriations $ 227,500 THAT the purpose is to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system fiber optic facilities at the Northeast Surface Water Treatment Facility. 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 , 2019 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Veto: , 2019 YVONNE SPENCE, MMC City Clerk BY: ____________________________ Deputy DPW 23.0/01-06-12 DPW NO FED DIV I.pdf rev. 03-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1.Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2.Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3.Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4.Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5.Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6.Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker ’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. DPW 23.0/01-06-12 DPW NO FED DIV I.pdf rev. 03-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contrac tor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public W orks Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1780 Agenda Date:6/13/2019 Agenda #: 1-EE REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BRIAN SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:SARAH AGUILA, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Reject the bid proposal for Lift Station 14 Rehabilitation (Bid File 3625) (Council District 2) RECOMMENDATION Staff recommends that City Council reject the bid proposal received for the City of Fresno’s (City’s) Lift Station 14 Rehabilitation (Project). EXECUTIVE SUMMARY The Department of Public Utilities,Wastewater Management Division,seeks to reject the bid proposal received for the Project.There was one bid proposal received for this Project.The proposal was 69%above the engineer’s estimate.Several bid line items are significantly higher in price compared to prices of similar items on the past three lift stations rehabilitations. BACKGROUND The Department of Public Utilities,Wastewater Management Division,through the Collection System Maintenance workgroup is responsible for maintaining the City’s sewer infrastructure,including fifteen lift stations.The five-year Capital Improvement Plan prepared by the Wastewater Management Division identifies the lift stations in most need of rehabilitation.The purpose of these lift stations is to pump wastewater from areas of low elevation to sanitary sewers at higher elevations. Rehabilitation of Lift Station 14 will protect the lift station equipment and improve access and safety City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1780 Agenda Date:6/13/2019 Agenda #: 1-EE Rehabilitation of Lift Station 14 will protect the lift station equipment and improve access and safety for the collection system workers who maintain the functionality of the lift station.This rehabilitation Project has four major components comprised of:upgrading the electrical wiring and panels, increasing the size of the lift station by modifying the entrance,replacing the existing corroded hatches with new hatches which include safety grates,and installing the bypass suction and discharge points.Minor components associated with this Project include adding a drain box, correcting the slope of the concrete, and adding an additional light fixture to increase site lighting. Plans and specifications were prepared for this Project.A Notice Inviting Bids was published on April 1,2019,and posted on the City’s Planet Bids website.The specifications were distributed to ten prospective bidders and posted at thirteen Builder Exchanges.One sealed bid proposal was received and publicly opened on April 30,2019.The bid proposal was $491,015.The bid will expire within 64 days of bid opening, on July 3, 2019. RTC Construction Management,Inc.,was the only bidder,with the bid amount of $491,015.Their bid price is 69%above the engineer’s estimate of $290,500.Several bid line items are significantly higher in price compared to prices of similar items on the past three lift stations rehabilitations.After this action by the City Council to reject all proposals,the Department of Public Utilities,Wastewater Management Division, plans to re-advertise and competitively rebid the Project. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 the rejection of this proposal does not qualify as a “project” for the purpose of CEQA. LOCAL PREFERENCE Local preference was not implemented because the Department of Public Utilities,Wastewater Management Division, seeks to reject the bid proposal received for this Project. FISCAL IMPACT The rejection of the proposal will not impact the General Fund.This Project is identified in the Wastewater Management Division’s five-year Capital Improvement Plan.Funds for this Project are budgeted in the Fiscal Year 2019 Sewer Enterprise Fund 40501.Funding is also included in the proposed FY 2020 Sewer Enterprise Fund. Attachment: Bid Evaluation and Fiscal Impact Statement City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ K:\FORMS\EVALUATIONFORM FISCAL IMPACT STATEMENT PROGRAM: Sewer Enterprise Fund Proj. ID: RC00180, Res Type: CLS14, Fund: 40501, Org: 413501 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost N/A N/A Indirect Cost N/A N/A TOTAL COST N/A N/A Additional Revenue or Savings Generated N/A N/A Net City Cost N/A N/A Amount Budgeted (If none budgeted, identify source) N/A N/A City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1784 Agenda Date:6/13/2019 Agenda #: 1-FF REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to construction of 850 linear feet of Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Council District 3): 1.Adopt findings of Section 15282 (Other Statutory Exemptions)of the California Environmental Quality Act Guidelines 2.Award a construction contract to Dawson-Mauldin LLC, in the amount of $349,049.55 RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Section 15282 (Other Statutory Exemptions)of the California Environmental Quality Act (CEQA)Guidelines; award a construction contract to Dawson-Mauldin LLC,in the amount of $349,049.55 for Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Project); and authorize the Director of Public Utilities,or designee,to sign the contract on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,seeks to establish a water main installation contract.The scope of work for the Project includes construction of 450 feet of a new 16-inch diameter pipeline in H Street between Mono Street and Inyo Street,construction of 400 feet of new 12-inch diameter pipeline in Mono Street between Broadway Street/H Street alley and Fulton Street/Broadway Street alley,and construction of an intertie between the 24-inch diameter pipeline and 30-inch diameter pipeline within the intersection of Mono Street and H Street.Staff recommends that City Council award a construction contract to Dawson-Mauldin LLC,as the lowest responsive and responsible bidder in the amount of $349,049.55.In the staff determination posted on the City’s Planet Bids website on April 17,2019,Bill Nelson GEC,Inc.,was found to be the lowest responsive City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1784 Agenda Date:6/13/2019 Agenda #: 1-FF Planet Bids website on April 17,2019,Bill Nelson GEC,Inc.,was found to be the lowest responsive and responsible bidder,but withdrew their bid and refused to enter into the contract.Dawson- Mauldin LLC, was found to be the next lowest responsive and responsible bidder. BACKGROUND The Department of Public Utilities,Water Division,has identified that a portion of the existing water system in H Street and Mono Street lack adequate water mains to provide sufficient capacity to meet the water demand for this area of downtown.Staff has determined that the proposed transmission grid water main gap closure will meet and exceed the expected water demands of the surrounding downtown area.The scope of work for the Project includes construction of 450 feet of a new 16-inch diameter pipeline in H Street between Mono Street and Inyo Street,construction of 400 feet of new 12-inch diameter pipeline in Mono Street between Broadway Street/H Street alley and Fulton Street/Broadway Street alley,and construction of an intertie between the 24-inch diameter pipeline and 30-inch diameter pipeline within the intersection of Mono Street and H Street. Plans and Specifications were prepared for this Project.A Notice Inviting Bids was published on February 26,2019,and posted on the City’s Planet Bids website.The Specifications were distributed to ten prospective bidders and posted at thirteen Building Exchanges.Five sealed bid proposals were received and publicly opened on March 26,2019.The bid proposals ranged from $322,718 to $391,194. The bids will expire 45 days after bid opening, which will be on May 29, 2019. Originally,Bill Nelson GEC,Inc.,was found to be the lowest responsive and responsible bidder. However,after the staff determination was posted on the City’s Planet Bids website on April 17,2019, Bill Nelson GEC,Inc.,withdrew their bid and refused to enter into the contract.Contractors agreed to extend their bids to June 29,2019.Dawson-Mauldin LLC,was found to be the next lowest responsive and responsible bidder,with the bid amount of $349,049.55.An amended staff determination was posted on the City’s Planet Bids website on May 28,2019.Staff recommends that City Council award a construction contract to Dawson-Mauldin LLC,in the amount of $349,049.55 as the lowest responsive and responsible bidder.Their bid price is 1%above the Engineer’s Estimate of $345,000. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this Project and has determined that it is exempt under Section 15282 (Other Statutory Exemptions)of the CEQA Guidelines,set forth in Section 21080.21 of the Public Resources Code,as long as the project does not exceed one mile in length.The combined length of the proposed Project will not exceed one mile in length. Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15282 apply to this Project. LOCAL PREFERENCE Local Preference was not implemented because the low bidder qualifies as a local business pursuant to the Fresno Municipal Code Section 4-108(d). FISCAL IMPACT City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1784 Agenda Date:6/13/2019 Agenda #: 1-FF There is no impact to the General Fund.This Project is located in Council District 3.Funding for this Project is available within the Water Capacity Fee Fund 40202 in the Fiscal Year 2019 budget. Attachments: Attachment 1 - Request to Withdraw Bid Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract Attachment 4 - Vicinity Map City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 03-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker ’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev.03-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contrac tor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] KEARNEYCALIFORNIAWHITES BRIDGENIELSENBELMONTCHURCHM O N O S T R E E TH STREETCALIFORNIABUTLERVENTURADIVISADEROBELMONTCHURCHWEST BLACKSTONE FRESNO FIRST MILLBROOK FRUIT PALM VAN NESS WEST CHERRY WALNUT FRUIT M.L.K. ELM EAST ORANGE PROJECTLOCATIONVICINITY MAPNOT TO SCALE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1843 Agenda Date:6/13/2019 Agenda #: 1-GG REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities BY:BRIAN SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division SUBJECT Authorize the City Manager to execute an Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC. RECOMMENDATIONS Staff recommends the City Council approve and authorize the City Manager,or designee,to execute an amended and restated agreement with Colony Energy Partners,LLC.(Colony),to convert the City of Fresno’s (City)Digester Gas to Biomethane,which can then be sold as Renewable Natural Gas and Regulatory Credits. EXECUTIVE SUMMARY The City’s Fresno-Clovis Regional Water Reclamation Facility (RWRF)is currently flaring approximately 1,200,000 standard cubic feet per day of methane-containing Digester Gas (equal to approximately 260,000 MMBtu per year).Colony will convert the Digester Gas to a Biomethane product and sell Biomethane and Regulatory Credits to third parties.The City will receive a percentage of the sales.The amended and restated agreement addresses expenses incurred by Colony due to delays as a result of a labor dispute and clarifies requirements in the agreement for the City and Colony. BACKGROUND On January 11,2018,Council approved a Biomethane Purchase Agreement with Colony.In August 2018,the City received a grievance from the International Union of Operating Engineers,Stationary Engineers,Local 39 (Local 39).The grievance claimed the City did not properly notify Local 39 of its intention to have Colony operate the gas conditioning facility.Progress was delayed for City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1843 Agenda Date:6/13/2019 Agenda #: 1-GG intention to have Colony operate the gas conditioning facility.Progress was delayed for approximately four months while the City negotiated with Local 39.The grievance was successfully settled between the City and Local 39. During this same period the City and Colony worked to together to address additional discrepancies and unclear language in the agreement.Changes to the agreement include:1)If the City and Colony cannot agree on repairs needed on the gas conditioning facility and decide to not move forward with the agreement the City will be liable for negotiated Delay Costs (approximately $99,400);2)If the City and Colony move ahead with the agreed upon repairs the Delay Costs will be paid from revenues generated from the sale of the Biomethane;3)Extension of the “Date of First Delivery”to October 31,2020,to account for delays caused by the grievance negotiations and Colony’s efforts in securing a receiver of the Biomethane Gas and securing the necessary Federal and State permits. All other agreement requirements remain unchanged. City staff recommends the City Council authorize the City Manager,or designee,to execute an Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC.,to convert the City’s Digester Gas to Biomethane,and to sell the City’s Biomethane as a renewable natural gas, and for Regulatory Credits. The amended and restated agreement with Colony has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS On January 11,2018,the City Council adopted a finding that the Biomethane Purchase and Sale Agreement with Colony Energy Partners,LLC.was Categorically Exempt from CEQA pursuant to CEQA Guidelines,section 15301 because the contract involved using the RWRF’s existing gas conditioning system,and proposed installing a temporary CNG gas compressor and storage racks at the RWRF in an area under 2,000 square feet,involving negligible expansion of the RWRF.The Council further found that,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,section 15300.2 applied to the contract.This approval clarifies that agreement with respect to cost liabilities and extension of the first date of delivery.All features of the agreement related to installation or modification of the facilities remain unchanged.As such,this approval is consistent with the project as described in the previously adopted Class 1 Categorical Exemption and no further assessment pursuant to CEQA is required at this time. LOCAL PREFERENCE Local preference was not applied because this Amended and Restated Biomethane Purchase and Sales Agreement does not entail the City purchasing goods or services. FISCAL IMPACT This project has no impact on the General Fund and is located in Council District 3.Revenues generated from Amended and Restated Biomethane Sale and Purchase Agreement shall remain in the Wastewater Management Division Enterprise Fund to fund expenditures related to anaerobic digestion,sludge dewatering,recycle stream treatment,sludge disposal,digester gas conditioning, and digester gas injection into the PG&E natural gas transmission main.The estimated revenue City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1843 Agenda Date:6/13/2019 Agenda #: 1-GG and digester gas injection into the PG&E natural gas transmission main.The estimated revenue potential for Amended and Restated Biomethane Sale and Purchase Agreement is between $1.5 million and $2.8 million per year depending upon market conditions for Biomethane sales and Regulatory Credit sales. Attachment: Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC. City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ EXECUTION COPY AMENDED AND RESTATED BIOMETHANE PURCHASE AND SALE AGREEMENT This AMENDED AND RESTATED BIOMETHANE PURCHASE AND SALE AGREEMENT ("Agreement") is entered the _ day of , 2019, by and between: 1. CITY OF FRESNO, a California municipal corporation ("Seller"); and 2. COLONY ENERGY PARTNERS LLC, a State of Delaware limited liability company ("Buyer"). Buyer and Seller may be referred to herein individually as, a "Party" and collectively as, the "Parties." RECITALS A. Seller owns and operates the Fresno-Clovis Regional Wastewater Treatment Plant ("Plant") that is currently flaring approximately 2,000,000 standard cubic feet per day of methane-containing Digester Gas (equal to approximately 370,000 MMBtu per year). B. Seller desires to sell to Buyer, and Buyer desires to buy from Seller, Digester Gas. C. The Buyer will convert the Digester Gas to a Biomethane product which will generate Regulatory Credits as a renewable fuel. The Buyer will sell the Biomethane and Regulatory Credits at market prices to third-parties, and the Buyer and Seller will share the total revenue generated from the sales in the manner described in this Agreement. D. The conversion of Digester Gas to Biomethane, and the sale of Biomethane and Regulatory Credits to third-parties, represents the Project that Buyer and Seller desire to pursue together with this Agreement for the mutual benefit of both Parties. E. The implementation of the Project has been delayed by Seller to resolve an organized labor dispute that arose and has since been resolved with the execution of a Grievance Settlement Agreement. F. The Parties entered into the original Bio methane Purchase and Sale Agreement on January 22, 2018 ("Initial Agreement"). This Agreement is intended to supersede and replace the Initial Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants and conditions contained herein, Seller and Buyer agree as follows: Amended and Restated Fresno -Colony Energy Agreement, June 2019 1 of 40 EXECUTION COPY ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.1 Definitions. For purposes of this Agreement, the following terms shall have the following meanings: "ACH" shall have the meaning set forth in Section 8.1. "Alternative Project" means a project that will utilize Seller's Digester Gas in a materially alternative fashion than that anticipated by the Parties pursuant to this Agreement, including a Biomethane pipeline to connect to the state's natural gas grid system. "Amended and Restated Agreement" shall have the meaning set forth in the Recitals. "Bankruptcy Proceeding" means with respect to a Party, such Party: (a) makes an assignment or any general arrangement for the benefit of creditors; (b) files a petition or otherwise commences, authorizes or acquiesces in commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection from creditors, or has such a petition filed against it; (c) otherwise becomes bankrupt or insolvent (however evidenced); or (d) is unable to pay its debts as they fall due. "Biomethane" means Digester Gas that has been cleaned, conditioned, and otherwise upgraded by the Gas Conditioning System to the quality specifications allowing for the injection to the state's natural gas grid system. "Business Day" means any day on which the Federal Reserve member banks in New York City are open for business. A Business Day shall run from 8:00 am to 5:00 pm Pacific Standard Time. "GARB" means the California Air Resource Board. "Cellulosic Biofuel" means a renewable fuel derived from any cellulose, hemi cellulose or lignin that has Lifecycle Greenhouse Gas Emissions that are at least sixty percent (60%) less than the Baseline Lifecycle Greenhouse Gas Emissions (as set forth in the EPA Renewable Fuel Standard Program (40 C.F.R. § 80.1401 (2012)). "Claim" means any claim, liability, loss, demand, damages, lien, cause of action of any kind, obligation, costs, royalty, fees, assessments, penalties, fines, judgment, interest and award (including recoverable legal counsel fees and costs of litigation of the party asserting the Claim), whether arising by law, contract, tort, voluntary settlement or otherwise. "CNG" means compressed natural gas. "Convenience Fee" shall have the meaning set forth in Section 9.3. Amended and Restated Fresno -Colony Energy Agreement, June 2019 2 of 40 "Darling" shall have the meaning set forth in Section 2.3. EXECUTION COPY "Darling Agreement" shall have the meaning set forth in Section 2.3. "Date of First Delivery'' means the date upon which the Term of this Agreement commences, which shall occur when: (i) Seller is capable of delivering Digester Gas to Delivery Point; (ii) Buyer is prepared to accept Digester Gas at Delivery Point, and (iii) the pathways required by the EPA and GARB to supply natural gas from the Gas Conditioning System to CNG station users through the state's natural gas grid system have been approved, but in any event (iv) no later than October 31, 2020. "Defaulting Party" shall have the meaning set forth in Article IX. "Delay Costs" shall have the meaning set forth in Section 3.2.2. "Delivery Point" means the metering station the Seller's Digester Gas flows through to the Gas Conditioning System. "Digester Gas" means the gas produced at the Seller's Plant by the anaerobic digestion process. "Dispute" means any dispute or controversy arising out of this Agreement including a claim under this Agreement and any dispute or controversy regarding the existence, construction, validity, interpretation, enforceability, or breach of this Agreement. "Effective Date" means the date when both Parties have executed the Agreement, and all work and efforts required for the Project can proceed. "EPA" means the United States Environmental Protection Agency. "EPA Renewable Fuels Standard" means the renewable energy program and policies established by the EPA and published on March 26, 2010 at 75 Fed. Reg. 14863 (codified at 40 C.F.R. § 80.1400, et seq.) and which became effective on July 1, 2010, as amended from time-to-time. "Event of Default" shall have the meaning set forth in Section 9.1. "Governmental Authority" means any federal, state, local or other governmental, regulatory or administrative agency, court, commission, department, board or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority. Governmental Authority includes, but is not limited to, the California Air Resources Board, and the State Public Utilities Commission or its successor agency. "Greenhouse Gas" means any gas that absorbs infrared radiation in the atmosphere. Greenhouse gases include, but are not limited to, water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), hydrofluorocarbons, perfluorocarbons, and sulphur hexafluoride. Amended and Restated Fresno -Colony Energy Agreement, June 2019 3 of 40 EXECUTION COPY "Gross Revenue" means the sum of all revenues generated by the Project from the sale of Biomethane and Regulatory Credits. "Initial Agreement" shall have the meaning set forth in the Recitals. "LCFS Credits" means Low Carbon Fuel Standard Credits generated and traded pursuant to the Low Carbon Fuel Standard established by the California Air Resource Board (GARB), with each credit equal to one metric ton of carbon dioxide (CO2) reductions as compared to the baseline CO2 emissions under the LCFS. "Major Maintenance and Repairs" shall have the meanings set forth in Section "Major Maintenance and Repairs Reserve" shall have the meanings set forth in Section 6.3.1. "Non-Defaulting Party" shall have the meaning set forth in Article IX. "O&M Agreement" shall have the meaning set forth in Section 6.3. "Plant" has the meaning set forth in the Recitals. "Project" means all work and efforts required to convert Digester Gas to Biomethane, sell Biomethane and Regulatory Credits to third-party entities, and share Gross Revenues between the Buyer and Seller as described in this Agreement. "Regulatory Credits" means any credit, benefit, attribute, aspect, characteristic, claim, reduction, offset or allowance, or similar benefit of any type, howsoever entitled or named, arising under any federal, state, local or other law as now effect, or as subsequently amended, enacted or adopted, including but not limited to RINs and LCFS Credits, resulting from, attributable to, or associated with the Digester Gas produced at the Plant, as created by the Renewable Fuel Standard Program under the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007 and all implementing regulations, including without limitation, 40 C.F.R. Part 80, Subpart M "RFS Program"), and under California's Low Carbon Fuel Standard. "Reimbursable Costs" shall have the meaning set forth in Section 9.3. "Reserve Account" shall have the meaning set forth in Section 6.3.1. "Revised Date of First Delivery" shall have the meaning set forth in Section 2.5. ''RIN" or "RINs" means a Renewable Identification Number generated to represent a volume of renewable fuel as set forth in Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard (RFS) Program, 75 Fed. Reg. 16484 (March 26, 2010) (codified at 40 C.F.R. § 80.1425 (2011); 40 C.F.R. § 80.1426 (2012)). "Taxes" shall have the meaning set forth in Section 5.1. Amended and Restated Fresno -Colony Energy Agreement, June 2019 4 of 40 EXECUTION COPY "Term" shall have the meaning set forth in Section 2.8. "Termination Date" shall have the meaning set forth in Section 2.8. "Tier 1 Revenue Sharing" shall have the meaning set forth in Section 2.62. "Tier 2 Revenue Sharing" shall have the meaning set forth in Section 2.63 . "Utility Pipeline Injection Point" means the point at which Biomethane passes into the state's natural gas grid system. ARTICLE II COMMITMENT; DATE OF FIRST DELIVERY NOTICE; TERM Section 2.1 Initial Scope; Commitment. Subject to the terms and conditions of this Agreement, Buyer acknowledges that Buyer is required to take delivery of Digester Gas that is delivered to the Delivery Point by Seller; provided, however, that Buyer will not be required to accept daily volumes of Digester Gas that exceed the historical volumes provided to Buyer by Seller and set forth in Exhibit F attached herein, and that Seller makes no representations or warranties regarding minimum volumes of Digester Gas to be delivered to Buyer, or the quality of Digester Gas to be delivered to Buyer at the Delivery Point. Seller represents that it shall deliver Digester Gas produced in the anaerobic digester process to the Delivery Point, subject to Section 2.3 below. The volumes of: (i) Digester Gas delivered to the Delivery Point; and (ii) Biomethane produced, shall be metered by Buyer and reported to both Parties. Section 2.2 Digester Gas Deliveries. Digester Gas deliveries shall commence on the Date when Seller is capable of delivering Digester Gas to the Delivery Point, and Buyer is prepared to accept Digester Gas at the Delivery Point. Buyer's purchase of Seller's Digester Gas is subject to Section 2.3. Section 2.3 Darling Agreement. Buyer acknowledges that Seller has executed a Development Agreement with Darling Ingredients, Inc. ("Darling") that includes the procurement and supply of certain quantities of Biomethane ("Darling Agreement"). The Parties agree that pursuant to the Darling Agreement, Seller's obligations to deliver Biomethane to Darling supersede Seller's obligation to deliver Digester Gas to Buyer pursuant to this Agreement. In the event Seller is unable to deliver Biomethane through the Pacific Gas & Electric ("PG&E") gas service pipeline, after Seller has exhausted all reasonable alternatives, Seller shall deliver certain Biomethane to Darling to satisfy the Darling Agreement. Section 2.4 Exclusive Right to Digester Gas and Regulatory Credits. During the Term of this Agreement, Buyer shall have the right and obligation to acquire, take title, exploit and beneficially use all Digester Gas produced by the Plant, subject to Section 2.3. Buyer shall have right and title to all Regulatory Credits associated with the use of the Digester Gas for the term of the Agreement; provided, however, that Seller shall retain all right and title to any Regulatory Credits associated with reduction of flared gas emissions at the Plant. Amended and Restated Fresno -Colony Energy Agreement, June 2019 5 of 40 Section 2.5 Date of First Delivery. EXECUTION COPY Buyer shall provide written notice to Seller of Buyer's best estimate of the date upon which the Date of First Delivery shall occur; provided, that such written notice shall be delivered to Seller at least thirty (30) days prior to such estimated date. In no event shall the Date of First Delivery and Term of this Agreement commence later than October 31, 2020. If any changes occur to such estimated Date of First Delivery, Buyer shall provide written notice to Seller thereof as soon as possible after such changes become known to Buyer. The Parties shall work together to agree upon a revised Date of First Delivery ("Revised Date of First Delivery") and document such agreement in writing; however, Seller is not obligated to accept or approve the Revised Date of First Delivery, and the Term shall commence no later than October 31, 2020, regardless of whether all the conditions of the Date of First Delivery have been met.. Section 2.6 Gross Revenue Sharing. Biomethane shall be sold by the Buyer to third party entities together with Regulatory Credits. The total revenue generated from Biomethane sales and Regulatory Credit sales shall represent Gross Revenues for the Project. The Buyer and Seller shall share Gross Revenues generated from the sale of Biomethane and Regulatory Credits on a two-tier basis as described in Sections 2.6.2 and 2.6.3. Section 2.6.1 Gross Revenue Sharing Payments. The Buyer shall make Gross Revenue Sharing Payments to Seller on a monthly basis. The determination as to which tier shall govern Gross Revenue Sharing for any given month shall be based on an accrual basis, and not a cash basis, using sale invoices. The Parties acknowledge that revenue from Regulatory Credit sales may be received after revenue is received for Biomethane sales due to third-party payment terms, and as necessary, monthly Gross Revenue Sharing Payments shall be reconciled each calendar-year quarter as described in Section 2.6.4. Section 2.6.2 Tier 1 Gross Revenue Sharing Schedule. During any calendar-year quarter when total Gross Revenues received for Project transactions resulting from the sale of Biomethane and Regulatory Credits, are less than (one million, five-hundred thousand dollars) $1,500,000 for quarterly production volumes sold, then the Seller's share of Tier 1 Gross Revenues shall be thirty percent (30%) and the Buyer's share of Tier 1 Gross Revenues shall be seventy percent (70%). However, during the period in which Biomethane is also sold from storage, for purposes of calculating the Tier percentage, volumes sold from storage will not count towards Gross Revenues for that quarter. Revenues from biomethane sold from storage and production will be shared under the same Tier Schedule. Section 2.6.3 Tier 2 Gross Revenue Sharing Schedule. During any calendar-year quarter, when total Gross Revenues received for Project transactions resulting from the sale of Biomethane and Regulatory Credits, are (one million five hundred thousand dollars) $1,500,000 or greater, for quarterly production volumes , then the Seller's share of Tier 2 Gross Revenues shall be forty percent (40%) and the Amended and Restated Fresno -Colony Energy Agreement, June 2019 6 of 40 EXECUTION COPY Buyer's share of Tier 2 Gross Revenues shall be sixty percent (60%); however, during the period in which Biomethane is also sold from storage, for purposes of calculating the Tier percentage, volumes sold from storage will not count towards Gross Revenues for that quarter. Revenues from biomethane sold from storage and production will be shared under the same Tier Schedule. Section 2.6.4 Quarterly Reconciliation of Gross Revenue Sharing. With each monthly payment invoice from Buyer to Seller, Buyer shall provide Seller copies of Buyer's sales in voices to third-party buyers of Biomethane and Regulatory Credits. The sale of Regulatory Credits is expected to occur at least once every calen dar-year quarter after the first full calendar-year quarter following the Effective Date. Buyer's sales invoices to third party buyers of Regulatory Credits will be subject to documented reconciliation due to third-party buyer payme nt terms. Seller shall have the right to audit Buyer's sales records for Biomethan e and Regulatory Credits; provided that Seller may exercise such audit rights not more frequently than every six (6) months. Buyer makes no representations or warranties regarding the market conditions for Biomethane sales and Regulatory Credits sales, including, but not limited to, pricing and liquidity. Section 2.6.5 Buyer Representations. Buyer represents that it intends to maximize revenue in transactions with third parties. Further, Buyer represents that it intends to sell the Biomethane produced by the Gas Conditioning System at market prices an d warrants that it will not discount or swap the Biomethane, for example, as part of a portfolio of transactions, except where such transactions will increase the Gross Revenue Sharing Payments paid to the Seller. Section 2.7 Milestones. The Date of First Delivery is conditioned upon the Parties achieving certain milestones by certain dates these milestones are listed set forth in Exhibit A, which is incorporated herein by reference. The Date of First Delivery shall not occur until all such mileston es are completed or waived; provided, that the Date of First Delivery shall not be later than October 31, 2020. Section 2.8 Term: Renew of Term. Unless terminated earlier in accordance with this Agreement, the Term of the Agreement shall be five (5) years from the Date of First Delivery or from October 31, 2020 if the Date of First Delivery has not yet occurred, and the Termination Date shall be on the fifth (5th) anniversary of the Date of First Delivery or October 31, 2025, whichever is sooner ("Termination Date"). Either Party may, no later than six (6) mon ths prior to the Termin ation Date, provide written notice to the other Party of its desire to extend the Termination Date of this Agreement. The Parties agree to meet as soon as reasonably practicable after the issuance of such notice to consider such extension an d the terms and conditions thereof. Section 2.9 Biomethane to Seller. Buyer shall make reasonable efforts (but is not obligated) to make available to Seller Biomethane for Seller's own con sumption which is estimated at an average of 600 MM Btu/day. Amended and Restated Fresno -Colony Energy Agreement, June 2019 7 of 40 EXECUTION COPY Section 2.10 Title, Risk of Loss. and Care, Custody and Control. Title, risk of loss, and care, custody and control to all Digester Gas produced at the Plant and purchased by Buyer shall pass to Buyer at the Delivery Point. Section 2.11 Organic Waste for Co-Digestion. Seller and Buyer agree to cooperate to complete a separate Fee Schedule agreement that will be inserted as part of this Agreement as Exhibit C pursuant to the Buyer delivering to Seller, organic wastes that exceed certain organic characteristics, and result in the generation of Gross Revenues to Seller that are greater than Seller's expenditures for residual sludge processing and sludge disposal costs. For such organic wastes, the Seller shall charge Buyer a reduced-rate disposal fee for organic wastes at the Plant. ARTICLE Ill MEASUREMENT AND QUALITY Section 3.1 Measurement. The unit of quantity measurement for the Biomethane delivered and sold pursuant to this Agreement shall be one (1) MM Btu dry. Buyer shall, at its sole cost, construct, maintain, and operate metering devices at the Delivery Point at the Plant, and the Utility Pipeline Injection Point required by the relevant gas pipeline utility. Seller shall observe, or cause to be observed, all measurement procedures to verify the accuracy of Buyer's metering devices. Measurement of the Biomethane delivered pursuant to this Agreement shall be in accordance with the published established procedures of PG&E. Final measurement calculations shall be used as the basis for all title transfer documents between the Parties, which shall be used for all compliance purposes with the relevant governing bodies. The metered quantity of Digester Gas delivered to the Delivery Point shall be reconciled with Biomethane transported off the Plant site and Buyer's sales invoices to third parties. Buyer shall operate the facilities and systems pursuant to prudent industry standards and practices. Section 3.2 Biomethane Quality. Buyer shall be solely responsible for ensuring that Seller's Digester Gas, utilizing the Gas Conditioning System, satisfies the Quality Requirements generally specified on the attached Exhibit D, which is incorporated herein for reference. Buyer is satisfied that the Gas Conditioning System as designed and historically operated will be capable of conditioning Seller's Digester Gas to meet the Quality Requirements. Section 3.2.1 Start-Up Repairs for Gas Conditioning System. If the Buyer determines through inspection and start-up testing, that it is necessary to make start-up repairs to the Gas Conditioning System to meet the Quality Requirements, then the Buyer shall prepare a start-up repair plan. The start-up repair plan shall detail the scope of repairs, the schedule for repairs, and the cost for repairs, including costs and expenses Buyer incurred as a result of the Project delay caused by Seller's union labor grievance. Section 3.2.2 Start-Up Repair Costs $200,000 or Less. If the estimate for start-up repair costs is two hundred thousand dollars ($200,000) or less, then the Buyer Amended and Restated Fresno -Colony Energy Agreement, June 2019 8 of 40 EXECUTION COPY shall proceed with the repairs as necessary without involveme nt or participation from the Seller ; except for the reimbursement of costs Buyer incurred as a result of the Project delay caused by Seller's union labor grievance (agreed by the Parties to be ninety-nine thousa nd four hun dred dollars ($99,400)) ("Delay Costs"), which shall be paid from revenues as set forth in Section 3.2.3. Section 3.2.3 Start-Up Repair Costs Greater Than $200,000. If the estimate of start-up repair costs is greater than two hundred thousa nd dollars ($200,000), then Seller shall cooperate with Buyer to prepare the repair plan, and the repair plan shall include an agreed upon allocation of start-up repair costs in excess of two hun dred thousand dollars ($200,000) to be assigned to the Buyer and Seller, respectively. (a) If Buyer and Seller agree on repair plan, and the allocation of start- up repair costs above two hundred thousa nd dollars ($200,000) to be assigned to each Party, then the Buyer will pay all the start-up repair costs and receive reimburseme nt from Seller for the agreed upon portion of the start-up repair costs assigned to Seller. (b) The Seller's agreed upon portion of the start-up repair costs that exceed two hun dred thousa nd dollars ($200,000) shall be paid to Buyer from the Seller's share of monthly Gross Revenues. To receive reimburseme nt, the Buyer shall withhold an agreed portion of the Seller's share of monthly Gross Revenue payments in six (6) equal payments that total the Seller's agreed upon portion of the start-up repair costs and reimbursement of Delay Costs. (c) If Buyer and Seller cannot agree on the repair plan and the allocation of start-up repair costs to be assig ned to each Party, then either Party may terminate this Agreeme nt without fault or liability to the other party, upon written notice to the other Party, except as provided in Section 3.2.3 (d). (d) If Buyer terminates this Agreeme nt, Seller shall be liable for certain, verifiable and documented Engineering Services costs incurred for the Project up to the point of termination, such as EPA RIN certification, inspection and testi ng of Sellers equipme nt and Sellers site preparatio n, as well as the Delay Costs. ARTICLE IV REG U LATORY CREDITS Section 4.1 To the extent the Digester Gas produced by the Plant may be eligible to generate, or required to generate, Regulatory Credits, Buyer shall, subject to Section 2.4, own and register or generate such Regulatory Credits for the term of this Agreeme nt; provided, however, that Seller shall cooperate with Buyer by taki ng any necessary actio ns and delivering to Buyer all documen tation necessary to satisfy all requireme nts of any applicable Gover nmental Authority which has jurisdiction over the releva nt Regulatory Credit in order for Buyer to be able to register or gen erate such Regulatory Credits. Amended and Restated Fresno -Colony Energy Agreement, June 2019 9 of 40 ARTICLE V TAXES EXECUTION COPY Section 5.1 Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or changes imposed by any Government Authority with jurisdiction ("Taxes") on or with respect to the Digester Gas delivered to Buyer hereunder levied or arising prior to the Delivery Point and all Taxes levied or arising at Seller's side of the meter at the Delivery Point. Buyer shall pay or cause to be paid all Taxes on or with respect to the Digester Gas delivered to Buyer hereunder levied or arising at Buyer's side the flange at the Delivery Point. If a Party is required to remit or pay Taxes that are the other Party 's responsibility hereunder ("Remitting Party"), the Party responsible for such Taxes shall reimburse the other Party ("Non-Remitting Party") for such Taxes within thirty (30) days of the Remitting Party's written notice to the Non Remitting Party. Any Party entitled to an exemption from any such Taxes or charges shall furnish the other Party any necessary documentation thereof. ARTICLE VI FACILITIES Section 6.1 Buyer's Facilities Obligations; Additional Facilities. Section 6.1.1 Biomethane Compressor Station. Buyer shall cause to be designed, installed, and operated, at its own expense, a Biomethane Compressor Station capable of receiving and compressing Biomethane processed by the Gas Conditioning System up to the amount of the historical volumes of Digester Gas set forth in Exhibit F. The Biomethane Compressor Station shall be connected to the existing Gas Conditioning System and be capable of dispensing the compressed Biomethane gas to tube trailers for road transport. Buyer shall provide Seller proposed plans, specifications, and drawings prior to the installation of the facilities for approval, which approval by Seller shall not be unreasonably withheld. Section 6.1 .2 Buyer shall bear the cost of all utilities used by the Gas Conditioning System and Biomethane Compressor Station. Buyer shall be responsible for all gas conditioning, compression, transportation, delivery and marketing expenses required for the sale and delivery of Biomethane to third parties and the Seller. In coordination with PG&E, Buyer has contracted for the design and construction of pipeline interconnect facilities to allow for Biomethane to be delivered to the state gas utility grid system. Buyer shall be responsible for any improvements required to be constructed in order to deliver Biomethane directly to stations, including the Fresno City station. Section 6.2 Access Rights; Utilities. Seller shall provide Buyer with access rights to construct, operate, maintain, and access the facilities described in this Agreement. Access rights shall include those necessary for Biomethane transport trucks and trailers to access the facilities, as well as space for staging necessary for loading transport trucks. Amended and Restated Fresno -Colony Energy Agreement, June 2019 10 of 40 EXECUTION COPY Section 6.3 Operation and Maintenance. Buyer shall, at its own expense, operate, inspect, repair and maintain, or cause to be operated, inspected, repaired, and maintained, Seller's Gas Conditioning System and Buyer's Biomethane Compressor Station in accordance with all applicable state and federal laws and regulations, following industry best practices. Buyer shall enter into an operation and maintenance agreement with a qualified third-party operator approved by Seller for the Gas Conditioning System ("O&M Agreement"). Buyer shall be responsible for all costs associated with the O&M Agreement with such third-party operator. The O&M Agreement shall include an annual allowance of two hundred thousand dollars ($200,000) per year, to be funded by Buyer exclusively, for normal planned and unplanned maintenance and repair of the Gas Conditioning System as described in Exhibit H. Section 6.3.1 Reserve Account; Gas Conditioning System Maintenance and Repa ir. The Parties agree to establish a Reserve Account in the amount of five hundred thousand dollars ($500,000) to be used to fund maintenance and repair costs that may be required for the Gas Condition System in excess of two hundred thousand dollars ($200,000) per year ("Reserve Account "). The Reserve Account shall be funded by both Parties on a 50/50 basis using Gross Revenues received during the first year of the Agreement. The Reserve Account shall be maintained by Seller and shall not be subject to fees or charges assessed by Seller. Section 6.3.2 Maintenance and Repair Project Cost Greater Than $200,0 00. If the Buyer determines through inspection, testing, operational performance, or other source of information, that a maintenance and repair project is required for the Gas Condition System, and the cost of the maintenance and repair project is determined to be in excess of two hundred thousand dollars ($200,000) in a given calendar year, then Seller shall cooperate with Buyer to prepare a maintenance and repair plan for the Major Maintenance and Repair . The maintenance and repair plan shall detail the scope of repairs, the schedule for repairs, and the cost for repairs. Upon completion of the maintenance and repair plan, Buyer and Seller shall share the costs of the Major Maintenance and Repair above two hundred thousand dollars ($200,000) on a 50/50 cost share basis drawn from the Major Maintenance and Repairs Reserve Account; Buyer shall proceed with the Major Maintenance and Repairs; and Seller shall pay invoices submitted by Buyer for the maintenance and repair project. Prior to funding any Major Maintenance and Repairs, Buyer shall conduct the necessary due diligence to determine whether the necessity for such work is due to third-party operator error, in which event, such operator shall be liable for such work and related expense. Section 6.3.3 Maintaining Reserve Account Balance at $500.000. If during any given year, funds are expended from the Reserve Account for a maintenance and repair project that exceeds two hundred thousand dollars ($200,000), the Parties agree to reestablish the Reserve Account balance to five hundred thousand dollars ($500,000) on a 50/50 basis using Gross Revenues received during the following year. Amended and Restated Fresno -Colony Energy Agreement, June 201 9 11 of 40 EXECUTION COPY Section 6.3 .4 Disposit ion of Reserve Account Upon Termination of Agreement. Within thirty (30) days of the Termin ation Date of the Agreement, unless extended pursuant to mutual agree ment of the Parties, the balance of the Reserve Account shall be distributed to the Parties on a 50/50 basis. Section 6.4 Seller's Facilities Obligatio ns. Seller shall operate, maintain , repair and otherwise keep in good working order, all equip ment and systems required to collect and deliver Digester Gas to the Delivery Point. Seller shall provide access to all utilities required to operate the Biomethane Compressor Statio n, including electrical and gas con nection and metering. Buyer shall be responsible for the cost of all electricity, water and any other utilities consumed in the operation of the Gas Con ditio ning System and Biomethane Compressor Station. Seller shall obtain, secure, maintain, and com ply with all required permits, laws, and regulatio ns required for ge n erating, collecti ng, and transporting Digester Gas to the Delivery Point. In addition, Seller shall operate its equipment pursua nt to the prude ncy standard applicable to the municipal wastewater treatment industry. Section 6.5 Outages. Buyer is permitted to have thirty (30) calendar days per year of outages, whether planned or unplanned, of the Gas Conditioning System, or Biomethane Compressor Station. If an outage is planned, Buyer must provide Seller with notice ten (10) days in advance of the outage. If an outage is unplanned, Buyer must provide Seller with notice of the outage as soon as is reasonably practicable. In the event that Buyer exceeds the maximum number of outage days listed in this Section 6.5, Buyer shall pay Seller the sum of fifty cents ($0.50)/MMBtu that is flared as a result of the outage, in addition to any costs, penalties and fines levied by the relevant Govern mental Authority. Section 6.6 Altern ative Project. In the event Seller chooses to develop an Alter native Project duri ng the Term of this Agreement, Seller shall issue to Buyer written notice of such intent. ARTICLE VII INDEMNIFICATION To the furthest extent allowed by law, Buyer shall indem nify, hold harmless and defend Seller and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to, personal injury, death at any time and property damage) in curred by Seller, Buyer or any other perso n, and from any and all claims, demands and actions in law or equity (includi ng attor ney's fees and litigation expenses), arisi ng or alleged to have arisen directly or indirectly out of performance of this Agreement. Buyer's obligatio ns pursuant to the preceding sentence shall apply regardless of whether Seller or any of its officers, officials, employees, agents or volun teers are actively or passively neglige nt, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the sole negligence or willful miscon duct of Seller or any of its officers, officials, employees, agents or volunteers, except when such officers, officials, employees, agents or volunteers are Amended and Restated Fresno -Colony Energy Agreement, June 20 19 12 of 40 EXECUTION COPY under the direct supervision and control of Buyer. In the event that Buyer subcontracts all or any portion of the work to be performed under this Agreement, Buyer shall require each subcontractor to indemnify, hold harmless and defend Seller and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This Article VII shall survive termination or expiration of this Agreement, subject to the applicable statute of limitations. ARTICLE VIII PAYMENT TERMS Section 8.1 Statement and Payment. On or before the first (1st) day of the month following a month in which Digester Gas is delivered hereunder, Buyer shall provide Seller with a statement via mail to the address set forth in Section 13.1 setting forth the volumes of Biomethane sold to third parties and the price at which such volumes were sold during the preceding month ("Statement"). Along with such Statement, Buyer shall make payment of the price for the Biomethane sold to third parties in the previous month within five (5) days of providing the Statement to Seller. Payment shall be by check made out to "City of Fresno, Wastewater Management Division," and mailed to the City address on the signature page Section 8.2 Remedies for Non-Payment. If Buyer fails to pay undisputed amounts to Seller for Biomethane or Regulatory Credits within thirty (30) days after first due pursuant to Section 8.1, Seller shall have the right to interrupt deliveries under this Agreement without notice to Buyer until payment (and interest under Section 8.3) is received, which interruption right shall not prejudice Seller's rights to collect any sums due Seller (including interest under Section 8.3) for Digester Gas previously delivered to Buyer pursuant to this Agreement or Regulatory Credits accrued and owed by Buyer. Section 8.3 Interest. If Buyer fails to pay undisputed amounts to Seller within thirty (30) days after first due, the unpaid balance shall bear interest, compounded monthly, at the five (5) year United States Treasury Bill rate effective as of the 30th day after due, plus on the first day of each month or calendar quarter, as applicable, or the maximum contract rate permitted by law, whichever is less, plus attorneys' fees, court costs, and other costs in connection with the collection of such unpaid amounts. If and to the extent that an amount due is disputed in writing by Seller within thirty (30) days after the statement is received, and the dispute is resolved against Buyer, Buyer shall pay interest, fees, and costs, as set forth in this Section 8.3. If the disputed amount is resolved in Buyer's favor, no interest, fees, or costs shall accrue on the disputed unpaid amount, and Seller shall payer Buyer the cost of Buyer's attorneys' fees, court costs, and other costs incurred in connection with Buyer's defense. Section 8.4 Books and Records. Each Party to this Agreement has the right to audit the other Party's books and records pursuant to Section 14.1. Amended and Restated Fresno -Colony Energy Agreement, June 2019 13 of 40 EXECUTION COPY ARTICLE IX EVENTS OF DEFAULT; REMEDIES; TERMINATION Section 9.1 Events of Default. An "Event of Default" shall mean, with respect to a Party ("Defaulting Party"), the occurrence of any one or more of the following: (a) the failure to make, when due, any payment required pursuant to this Agreement if such failure is not rem edied within ten (10) days after receipt of written notice by the non-defaulting Party ("Non-Defaulting Party"); (b) any representation or warranty is or becomes untrue or incorrect and such occurrence is not rem edied within thirty (30) days of written notice by the other Party dem anding the remedy of such occurrence; (c) the failure to perform any material covenant or obligation set forth in this Agreement (except to the extent constituting a separate Event of Default), if such failure is not remedied within thirty (30) days after written notice of such failure to perform has been delivered to the Defaulting Party by the Non Defaulting Party; (d) such Party consolidates or amalgam ates with, or merges with or into, or transfers all or substantially all of its assets to, another entity and, at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee entity fails to assume all the obligations of such Party under this Agreement to which it or its predecessor was a party by operation of law or pursuant to an agreement reasonably satisfactory to the other Party; (e) if Buyer fails, refuses or delays to take delivery of Digester Gas produced at the Plant and such failure, refusal or delay continues for a fifteen (15) consecutive day period or in the aggregate forty-five (45) days in any given calendar year ; and (f) if Seller fails to supply Digester Gas as set forth in this Agreement. Section 9.2 Rem edies; Termination. For so long as an Event of Default has occurred and continues to occur, the Non-Defaulting Party, shall have the right, in its sole discretion and upon written notice to the Defaulting Party, to: (i) designate a day (by providing the Defaulting Party with written notice thereof), which such day shall be within twenty-one (21) days after the delivery of such notice, upon which the Non Defaulting Party shall accelerate all amounts owed between the Parties through such day and terminate and liquidate this Agreement (as provided below); (ii) withhold payments due to the Defaulting Party under this Agree ment; and/or (iii) suspend performance under this Agree ment (provided, however, that in no event shall any such withholding of payment or suspension of performance continue for longer than ten (10) days unless the Non-Defaulting Party shall have already delivered the written notice contem plated in this Section 9.2 concerning term inating the Agreem ent. If the Non Defaulting Party elects to terminate this Agreement, the Non-Defaulting Party shall Amended and Restated Fresno -Colony Energy Agreement, June 20 19 14 of 40 EXECUTION COPY deliver to the Defaulting Party a written invoice for the "Termination Payment", for any outstanding sums due pursuant to this Agreement, along with any costs/damages incurred by the Non-Defaulting Party as a result of the Termination, which the Defaulting Party shall pay within thirty (30) days. Section 9.2.1 Not Defaults. None of the following shall be considered an Event of Default: (i) a condition of Force Majeure that negatively affects the operation of the Plant for a period of fifteen (15) consecut ive days or in the aggregate forty-five (45) days in a given calendar year; (ii) Seller's non-performance when performance pursuant to this Agreement breaches a material obligation of Seller's separate and unrelated agree ment with a third party; (iii) Seller's non-appropriation of funds suff icient to meet its obligations hereunder during any Seller fiscal year of this Agreement, or insufficient funding for the Project, or (iv) termination pursuant to Section 3.2.3. Section 9.3 Termination for Convenience; Convenience Fee; Reim bursable Costs: Seller may terminate this Agreement for convenience after the second anniversary of the Date of First Delivery upon subm itting six (6) months prior written termination notice to Buyer; pr ovided, that Seller pays to Buyer: (i) the relevant Convenience Fee set forth in Exhibit H; and (ii) the relevant reim bursable costs set forth in Exhibit H ("Reimbursable Costs") within ninety (90) days of Seller's issuing such said termination notice. Section 9.4 Convenience Fee. The Convenience Fee shall start at a value of eight hundred and fifty thousand dollars ($850,000) at the second anniversary of the Date of First Delivery and shall be amortized to zero on the fifth (5th ) anniversary of the Date of First Delivery. Section 9.5 Not Penalty. The Parties agree and acknowledge that the Convenience Fee and the Reimbursable Costs are not punitive, but is necessary and appropriate compensation for an Early Termination and to reimburse the Buyer for certain verifiable and documented equipment, materials, supplies and services procured by the Buyer in order for the Buyer to meet the Buyer's full and complete obligations for the first full term of the Agree ment and reimbursement for demobilization and third-party contract breakage fees incurred as a result of Early Term ination. Maintenance and Repair Costs will be reimbursed based on verifiable and documented costs incurred by Buyer during the twelve months preceding the date upon which the notice of Early Termination is submitted by the Seller to the Buyer. Section 9.6 Schedule. The Buyer shall provide appropriate invoices, receipts or similar documentation to the Seller for all equipment, materials, supplies and services procured by the Buyer and incorporated into the schedule of values presented in Exhibit H for the Convenience Fee and the Reimbursable Costs (including Delay Costs). The Parties agree that the schedule of values presented in Exhibit H is based exclusively on the documentation provided by the Buyer to the Seller for the equipment, materials, supplies and se rvices procured by Buyer in order for the Buyer to meet the Buyer's full and com plete obligations for the first full term of the Agreement. Amended and Restated Fresno -Colony Energy Agreement, June 2019 15 of 40 EXECUTI ON COPY Section 9.7 Receipt of Payment. Upon payment of the Convenience Fee and the Reimbursable Costs, or upon the completion of the original contract term, whichever occurs first, all equipment, materials, supplies and services associated with the Convenience Fee and the Reimbursable Costs shall become the exclusive property of the Seller, inclusive of all warranties, spare parts, service agreements, and similar provided to the Buyer at the time when the purchase of the equipm ent, materials, supplies and services was completed. Sect ion 9.8 Application to Reserve Account. In the event Seller terminates this Agreement pursuant to this Article IX, Seller's portion of the Reserve Account will be applied to fund all or part of the Convenience Fee, as applicable, owed to Buyer. Section 9.9 Setoff. Upon the termination of this Agreement pursuant to this Article IX, the Non-Defaulting Party may, at its option and in its sole discretion, setoff (including by setoff, offset, combination of accounts, deduction, retenti on, countercla im or withholding), against any amounts owed to the Defaulting Party by the Non Defaulting Party under this Agreement or any other agreement between the Parties, any amounts owed by the Defaulting Party to the Non-Defaulting Party under this Agreement or any other agreement between the Parties. The obligations of each of the Parties under this Agreement in respect of such am ounts shall be deemed satisfied and discharged to the extent of any such setoff. The Non-Defaulting Party shall deliver to the Defaulting Party written notice of any such setoff; provided, however, that failure to give such notice shall not affect the validity of the setoff. Nothing herein shall be effective to create a charge or other security interest. This setoff provision shall be in addition to but without duplication of, and not in limitation of, any other right or remedy available to the Non-Defa ulting Pa rty (including, without limitation, any right of setoff, offset, co mbination of accounts, deducti on, counterclaim, retention or withholding), whether arising under this Agreement, any other agreement, under applicable law, in equity, or otherwise. Notwithstanding anything to the contrary in this Section 9.9, no right or rem edy of Seller to recover, collect or enforce payment of any and all amounts payable by Buyer hereunder shall be limited, waived or restricted in any way by any offset right, agreement or arrangement enforcea ble by any such purchaser against Buyer. Section 9.10 Cha nge in Law Not Default. The Pa rties hereby agree and acknowledge that any of the following changes in law do not constitute a default by either Party and do not entitle either Pa rty to unilaterally terminate this Agreement: (i) a change or changes in the EPA Renewa ble Fuels Standard regulations that prevent the generation of either RI Ns from gas derived from the Plant; or (ii) if the EPA Renewable Fuels Standard is repealed or otherwise invalidated or modified in any material respect through legislative, executive, administrative or judicial process or otherwise; or (iii) if the feedstock wherefrom the Plant derives the gas to produce the Digester Gas is deemed by the EPA or any other regulatory agency with jurisdiction to make such determination is rendered or restricted or prohibited from producing a Cellulosic Biofuel and thus generating a 03 RIN under the EPA Renew able Fuels Standard; or (iv) any change to California statutes, regulations, case law, or guidance that in any way changes the ability to generate or use LCFS Credits. Amended and Restated Fresno -Colony Energy Agreement, June 2019 16 of 40 EXECUTION COPY Section 9.11 Default. Upon any material breach of this Agreement by Buyer, Seller may (i) exercise any right, remedy (in contract, law or equi ty), 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. Section 9.12 Termination or Expir ation Consequences. Immediately upon any termination or expiration of this Agreement, the Parties shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work ; and (iii) return to the other Party any and all unearned payments and all properties and materials in the possession of one Party that belong to the other Party. ARTICLE X LIMITATION OF LIABILITY Section 10.1 Limitation of Liability. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES, PLUS REASONABLE ATTORNEY'S FEES, COURT COSTS, AND OTHER COSTS IN CONNECTION WITH ENFORCING SUCH REME DY, SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVE D. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXI MATION OF THE HARM OR LOSS. ARTICLE XI REPRESENTATIONS, COVENANTS AND WARRANTIES Section 11.1 Seller's Representation. Warranties and Covenants. Seller hereby represents and warrants to Buyer, such representations and warranties forming a material part of this Agreement upon which Buyer is relying, that as of the date this Agreement is executed and continuing throughout the Term of this Agreement: (a) This Agreement has been duly and validly executed and delivered by Seller, and this Agreement constitutes a legal, valid and binding obligation of Seller, enforceable in accordance with its terms , except to the extent its enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the rights of creditors generally or by general principles of equity. Amended and Restated Fresno -Colony Energy Agreement, June 20 19 17 of 40 EXECUTION COPY (b) Seller has the legal authority to enter into this Agreement and perform the obligations described herein. (c) Seller has good and marketable title to all Digester Gas delivered to Buyer at the Delivery Point, it has the right to sell the same to Buyer, and such natural gas is free from any liens or encumbrances, except as set forth in Section 2.3. (d) Seller is solely responsible , at its own expense, for obtaining and maintaining all land necessary for its operation of the Plant. (e) Seller shall procure and maintain in force all licenses, consents and approvals re quired to operate the Plant, and shall be solely responsible for and indemnify Buyer against any costs, or fines arising out of Seller's fa ilure to comply with such requirements. (f) Seller covenants that it shall promptly notify Buyer of any actual or anticipated production downtime at the Plant or disruption to Digester Gas availability. (g) Seller has received, and shall maintain, all necessary permits to operate the Plant in its normal course of business. Seller's performance under this Agreement does not require the consent of any third party nor shall they result in a breach or default of another other agreement to which Seller is a party or by which Seller is bound. Neither the execution, delivery, nor performance by Seller under this Agreement shall result in a breach or default of any other agreement to which Seller is a party or by which Seller is bound. (h) Subject only to Section 2.3, Seller has not previously sold, transferred, or committe d to sell or transfer the Digester Gas produced from the Plant to any other party. (i) There is no Bankruptcy Proceeding pending or being contemplated by Seller or, to Seller's knowledge, threatened against Seller, and there are no other legal proceedings pending before any court or Governmental Authority that would reasonably be expected to materially adversely. Section 11 .2 Buyers Representations1 Warranties and Covenants. Buyer represents and warrants to Seller, as of the date this Agreement, and covenants to Seller at all times during the Term of the Agreement, as fo llows and acknowledges that Seller is relying upon such representations, warranties and covenants in connection with this Agreement: (a) This Agreement has been duly and validly executed and delivered by Buyer, and this Agreement constitutes a legal, valid and binding obligation of Buyer, enforceable in accordance with its terms , except to the extent its enforceability may be limited by bankruptcy, insolvency, reorganization, Amended and Restated Fresno -Colony Energy Agreement, June 2019 18 of 40 EXECUTION COPY moratorium or other similar laws affecting the rights of creditors generally or by general principles of equity. (b) Buyer has the legal authority to enter into this Agreement and perform the obligations described herein. (c) Buyer shall procure and maintain in force all licenses, consents and approvals required for its purchase from Seller and resale of Biomethane hereunder and all its other obligations under this Agreement and shall be solely responsible for and indemnify Seller against any costs, liabilities or fines arising out of Buyer's failure to comply with the applicable requirements of such lice nses, consents and approvals. (d) Buyer shall be responsible for all compression, transportation , pipeline delivery and marketing expenses required in the sale of Biomethane to third parties. (e) Buyer intends to maximize revenue in transactions with third parties. Further Buyer represents it intends to sell the Biomethane at market prices and Buyer will not discount or swap the Biomethane, except the cash value of the Biomethane from such transactions is accounted for to the Seller. (f) Buyer is a U.S. entity for purposes of state and federal income and excise taxes. (g) There is no Bankruptcy Proceeding pending or being contemplated by Buyer or, to Buyer's knowledge , threatened against Buyer, and there are no other legal proceedings pending before any court or Governmental Authority that would reasonably be expected to materially adversely affect its ability to perform its obligations under this Agreement. Section 11.3 Good Faith Efforts of the Parties. Each of the Parties is entering into this Agreement with the intent of operating in good faith subject to this Agreement. ARTICLE XII FORCE MAJEURE Section 12 .1 General. If because of a Force Majeure either Party is unable, in whole or in part, to carry out any of its obligations under this Agreement, the obligations of the Party shall be suspended to the extent and for the period made reasonably necessary by such Force Majeure; provided that the claiming Party gives notice to the other party of as reasonably promptly as the claiming Party determines or should have determined, but in no event longer than ten (10) days after the date such Party knew or should have known of the event causing the Force Majeure, and includes in such notice a description of the event, when it was discovered, how long the Force Majeure is anticipated to continue, and the anticipated impact to the claiming Party's performance under this Agreement. If the Party making the Force Majeure fails to give the proper notice in accordance with this Section 12.1, the Party Amended and Restated Fresno -Colony Energy Agreement, June 2019 19 of 40 EXECUTION COPY shall be deemed to have waived its right to Claim any impact due to such Force Majeure. Se ction 12.2 Defi nition. For the purposes of this Agreement, "Force Majeure" shall mean any eve nt or cause beyo nd the reaso nable control of the clai ming Party that can not be prevented or el iminated by the exercise of due diligence, including but not limited to, acts of God, strike, lockout or other labor dispute, sabotage, fire, storm, freeze, wi nd, flood, un usually severe weather, pest insect damage, drought, war, riot or insurrect ion, explos ion, accident, embargo, blockade, act of restra int by any civil or military authority, or any other cause whether of the kind herein enumerated or otherwise that limits the ability of the claiming Party to perform under this Agreeme nt which is beyo nd the reasonable control of the claiming Party and that cannot be preve nted or el iminated by the exercise of due diligence. Section 12.3 El imi nation of Force Majeure. A Party seeking to rely on Force Majeure as justification for nonperformance of its obligat ions shall use reasonable efforts to elimi nate and min imize the effects of the circumstance of Force Majeure; provided, however, that this Agreeme nt sha ll not require the Party to resolve or settle any dispute related to a strike, work stoppage, lock-out, any other kind of industrial dispute, or any obstructive act ion or activity by organ izations or local inhabitants. ARTICLE XIII NOTICES Section 13.1 Notices. Except as herein otherwise provided, each notice, request, demand, statement, report and bill which must or may be given pursuant hereto shall be in writi ng and may be mailed by prepaid first-class mail (or equivalen t), delivered by hand or sent by email to the address indicated below : If to Seller: City of Fresno, Departme nt of Public Utilities Attention: Michael Carbajal, Director of Public Utilities 2600 Fresno St. Room 4019 Fresno, CA 9372 1 If to Buyer : Colony Energy Partners, LLC Attention : Kent Hawkins, Managing Partner 4940 Campus Dr. Suite C Newport Beach CA 92 660 Sect ion 13.2 Notices. Any notice required or permitted to be given to either Party shall be given by telephone and conf irmed by email, at the telephone numbers and email addresses set forth below (or such other telepho ne numbers and email addresses as the Part ies may designate from time-to-time by written notice under Sect ion 13.1 ). Notices given by telepho ne shall be effective immediately and the confirmation by email shall be effective as provided in Sect ion 13.1. Notices hand delivered shall be deemed delivered by the close of the Business Day on which it was hand delivered. If the day on which such email is received is not a Business Day or is Amended and Restated Fresno -Colony Energy Agreement, June 20 19 20 of 40 EXECUTION COPY after 5:00 p.m. Pacific Prevailing Time on a Business Day, then such email shall be deemed to have been received on the next following Business Day. Notices provided by certified mail, postage prepaid, return receipt requested, or by overnight mail or courier, shall be deemed to have been received on the date noted as delivered on the receipt or tracking registry , as applicable. Section 13.3 Changes to Notice Instructions. Either Party may designate address changes or changes to the primary or secondary contacts by formal written notice pursuant to Section 13.1. ARTICLE XIV ADDITIONAL PROVISIONS Section 14.1 Records: Audit. Seller and Buyer shall establish and maintain always, true and accurate books, records and accounts in accordance with generally accepted accounting principles applied consistently from year-to-year consistent with good industry practices, distinguishable from all other books and records , in respect of all transactions undertaken by such Party pursuant to this Agreement. During normal business hours, each Party shall have the right to audit such books, records and accounts of the other Party in respect of all transactions undertaken pursuant to this Agreement once per year at the end of the calendar year or at any time upon the occurrence of an Event of Default by such other Party. If any error is discovered in any statement or invoice rendered hereunder, such error shall be adjusted within seven (7) days from the date of discovery, but no adjustment shall be made for any error discovered more than one (1) year after delivery and receipt of such statements. If a material difference fr om a statement rendered under this Agreement by any Party is discovered by any audit, the Party which rendered such statement shall pay the costs of such audit. If no such material difference appears , the Party requesting the audit of such statement shall pay such costs. Section 14.2 Insurance. At all times, Buyer shall maintain insurance in amounts and limits as set forth in Exhibit G. Section 14.3 Assignment. Neither Party may assign this Agreement or any of its rights, duties or obligations hereunder without the prior wri tten consent of the other Party; provided , however that Buyer shall be permitted to (i) collaterally assign this Agreement in relation to a related secured financing and (ii) to a related entity under common control of Buyer's ownership , subject to adequate disclosure of the assignee to Seller and Seller's consent. For all other assignments, Seller is not obligated or required to approve the requested assignment. Section 14.4 lnurement. This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties. Section 14.5 Documents. Each Party to this Agreement shall perform any and all and execute and deliver any and all documents as may be necessary and Amended and Restated Fresno -Colony Energy Agreement, June 2019 21 of 40 EXECUTION COPY proper in order to accomplish the intents and purposes of this Agreement and to carry out its provisions. Section 14.6 Cumul ative Remedies. Unless otherwise specifical ly provided herein , the rights , powers , and remedies of each of the Parties provided herein are cumulative and the exercise of any right, power or remedy hereunder does not affect any other right power or remedy that may be available to either Party hereunder or otherwise at law or in equity. Section 14.7 Confidentiality. During the Term of this Agreement, the Parties may furnish to each other information of a confidential and proprietary nature. The Party furnishing the proprietary information shall have the exclusive right and interest in and to such proprietary information and the goodwill associated therewith . The Party receiving such information shall maintain its confidentiality using such care and diligence as it uses to protect its own confidential information, but in no event less than reasonable care. Seller is subject to the California Public Records Act , and confidential documents must be labeled "Confidential" to avoid disclosure. In the event that Seller reasonably believes that it will be legal ly compelled to disclose Buyer's proprietary information that is protected by this Section 14.7, then Seller shall provide adequate notice to Buyer of such potent ial disclosure so that Buyer may take any actions Buyer deems necessary to protect such proprietary information and Buyer shall, subject to the limitations of the California Public Records Act, cooperate with Buyer's efforts to protect such proprietary information. Section 14.8 Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. Should a Dispute arise that is not resolved under the Dispute resolution mechanism described in Section 14.13, any legal action shall be brought in the state or federal courts located in Fresno, California. Section 14.9 No Partnership. This Agreement shall not create or be construed to create in any respect a partnership , joint venture, or any other busi ness association between the Parties and neither Party may bind the other in any contract, arrangement , or understanding. Section 14.10 Non-Waiver; Duty to Mitigate; No Third-Party Beneficiaries. No waiver by any Party of any of its rights with respect to the other Party or with respect to any matter or default arising about this Agreement shall be construed as a waiver of any subsequent right, matter or default whether of a like kind or different nature. Any waiver shall be in writing signed by the waiving Party. Each Party agrees that it has a duty to mitigate damages. This Agreement is made and entered into for the sole protection and legal benefit of the Parties, and their permitted successors and assigns, and no other Person shall be a direct or indirect legal beneficiary of or have any direct or indirect cause of action or Claim in connection with, this Agreement. Section 14.11 Entire Agreement; Amendments; Interpretation. This Agreement constitutes the entire agreement between the Parties relating to the subject matter Amended and Restated Fresno -Colony Energy Agreement, June 2019 22 of 40 EXECUTION COPY contemplated by this Agreement and supersedes any prior or contemporaneous agreements or representations affecting the same subject matter. Except for any matters which, in accordance with the express provisions of this Agreement, may be resolved by verbal agreement between the Parties, no amendment, modification or change to this Agreement shall be enforceable unless reduced to a writing sp ecifically referencing this Agreement and executed by both Parties. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effe ct that any ambiguities are to be resolved against the drafting Party shall not be used in interpretation of this Agreement. Section 14. 12 Counterparts: Severability. This Agreement may be executed in several counterparts, each of which is an original and all of which constitute one and the same instrument. Except as may otherwise be stated herein, any provision or section hereof that is declared or rendered unlawful or unenforceable by any applicable court of law or regulatory agency, or deemed unlawful or unenforceable because of a statutory change, shall not otherwise affect the lawful obligations that arise under this Agreement. In the event any provision of this Agreement is declared unlawful or unenforceable, the Parties shall promptly renegotiate to restore this Agreement as near as possible to its original intent and effect. Section 14.13 Dispute Resolution. Section 14.13.1 Conciliation. In the event of any Dispute related to this Agreement, either Party may give notice to the other Party pursuant to Section 13.1 invoking the provisions and process set fo rth in this Section 14.13. The notice shall contain the name of the sending Party's senior representative that it nominates and authorizes to attempt resolution of such Dispute. Promptly following receipt of the notice, the receiving Party shall nominate a senior representative that is authorized to attem pt resolution of the Dispute and shall notify the sending Party of such nomination. The representatives nominated by each Party shall meet at a mutually agreed time and place to attempt to resolve such Dispute not later than fifte en (15) days after the date of the notice of Dispute. Any meetings between the Parties required by this Section 14.13.1 shall be held in-person in Fresno, or such other site as the Parties may mutually agree. If such Dispute is not resolved by the Parties' senior officers within ten (10) Business Days following the meeting described above, each Party may pursue any and all remedies available to it at law or equity. Section 14.13.2 Dispute Resolution Confidential. The Parties agree that any Dispute and any negotiations between them in relation to any Dispute (including, without limitation, any information, documents, or materials produced for purposes thereof) shall be confidential and shall not be disclosed to any third party. Section 14.13.3 Continuing Obligations. Pending fi nal resolution of any Dispute, the Parties shall continue to fu lfill their obligations hereunder that are not the subject of the Dispute. Amended and Restated Fresno -Colony Energy Agreement, June 2019 23 of 40 EXECUTION COPY Section 14.13.4 Injunctive Relief. Notwithstanding this Section 14.13.5, a Party shall be entitled to seek injunctive relief against the other Party in the state and federal courts in the Eastern District of California. Section 14.13.5 No Third-Party Beneficiaries. This Agreement is made for the sole benefit of the Parties and their respective successors and assigns. The Parties do not intend to create, and this Agreement shall not be construed to create, by implication or otherwise, any rights in any other person or entity not a Party to this Agreement, and no such person or entity shall have any rights or remedies under or because of this Agreement, or any right to the exercise of any right or power hereunder or arising from any default hereunder. Section 14.13.6 Interpretation . Each Party acknowledges and agrees that it has participated in the drafting of this Agreement and has had the opportunity to consult with legal counsel and any other advisors of its choice to its satisfaction regarding the terms and provisions of this Agreement and the results thereof. As a result, the rule of construction that an agreement be construed against the drafter shall not be asserted or applied to this Agreement. Section 14.14 No Claims. The Parties acknowledge and agree that, as of the date of execution of this Agreement, neither Party has any claim or cause of action against the other Party or any of its respective affiliates (or any of its directors, officers, employees, attorneys, or agents) arising out of, under, or in any way relating to the Agreement or the Initial Agreement, or any documents, instruments, dealings, or other matters in connection with the Agreement or Initial Agreement. ARTICLE XV CONFLICTS OF INTEREST Neither Party, nor any director, employee, or agent of a Party shall give to or receive from any Party or any director, employee, or agent of the other Party any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement. Each Party shall promptly notify the other Party of any violation of this Article XV, and any consi deration received by a Party as a result of such violation shall be paid over or credited to the other Party. Each Party, or its designated representative(s), may audit any and all records of the other Party as provided in Section 14.1 of this Agreement for the sole purpose of determining whether there has been compliance with this Article XV. Each Party and its subcontractors and vendors of any tier shall maintain true and correct records in connection with all matters relating to this Agreement and retain such records for at least twenty-four (24) months after termination of this Agreement. [SIGNATURE PAGE TO FOLLOW] Amended and Restated Fresno -Colony Energy Agreement, June 2019 24 of 40 EX ECUTION COPY IN WITNESS WHEREOF, the Parties hereto have duly executed and delivered this Agreement as of the date first written above. CITY OF FRESNO, a California municipal corporation By : ------------ Wilma Quan Schecter City Manager APPROVED AS TO FORM : DOUGLAS T. SLOAN , City Atto rney Colony Energy Partners, LLC, a Delaware Limited Liability Company (!·,}� By: -� . Name: Dirk Ivory Title: President By: � f Name: Jake =&lrracl,J_ Ter<i � B . � Ct (I 'l" .,. y. e I mandaFreema n �e Title: CFO Senior Deputy City Attorney ATTEST: YVONNE SPENCE, CMC, City Clerk By: ------------Deputy Addresses: CITY: City of Fresno Attentio n: Mike Carbajal Director of Public Utilities 2600 Fresno St., Room 4019 Fresno, CA 93721 Phone: (559) 621-861 O Email : michael.carbaial@fresno.gov BUYER : Colony Energy Partners, LLC Atte ntio n: Kent Hawkins Managing Partner 4940 Campus Or. Suite C Newport Beach CA 92660 Phone: 94 9-752-7120 Email : ke nt@colonyenergypartners.com Amended and Restated Fresno -Colony Energy Agreement, June 20 19 25 of 40 Attachments: 1. Exh ibit A -Milestone Sc hed ule 2. Exh ibit B -Disclosure of Conflict of Interest 3. Exh ibit C -Organic Waste Fee Sched ule 4. Exh ibit D -Qual ity Requirements 5. Exh ibit E -Ma i ntenance Esti m ates 6 . Exh ibit F -Se ller's Historical Digester Gas Prod uction 7. Exh ibit G -Ins urance Req uirements8. EXECUTION COPY 8. Exh ibit H -Projected Early Term inati on Payment Sched ule of Va lues/Reimbursable Costs Amended and Restated Fresno -Colony Energy Agreement, June 20 19 26 of 40 Ex hibit A Milestone Sc hed ule EXECUTION COPY Buyer and Seller shall make their respective best efforts to achieve the following milestones by the dates indicated (where applicable). (1) Seller shall cooperate and assist as necessary and required with Buyer in the registration and cert ification of the facilities as a qualified renewable facility eligible for the issuance of the Regulatory Cred its. (2) Seller shall cooperate and assist as necessary and required with Buyer in the permitting and installation of Buyer's fac ilities at the Delivery Point, including the identification of locations where Buyer can connect to utility services. (3) Seller shall cooperate as necessary for the execution of an O&M Agreement between Buyer and third-party operator for the Conditioning System owned by Seller. Fresno -Colony Energy Agreement, May 20,20 19 27 of 40 EXECUTION COPY Buyer Wi ll Complete the Fo llowi ng: (1) Receive all approvals and permits necessary to construct and operate the compressor station at the digester gas delivery point and the gas utility pipeline receipt injection facility. (2) Secure contract(s) for the sale of all Digester Gas to a third party or parties. (3) Secure financing to construct and operate all Buyer's facilities discussed in the Agreement. If Buyer uses grant funds as fina ncing, Buyer must provide documentation to support that it may use the grant funds to construct or operate the facilities from the grantor agency. (4) Give notice to proceed on the construction and installation of all Buyer's fa cilities as described in this Agreement. (5) Execution of an O&M Agreement with a qualified third party (with Seller's approval) regarding the Gas Conditioning System. (6) File Registration to certify the Biomethane production and the Gas Conditioning System as qualifying renewable facilities eligible to generate renewable credits issued by State and Federal Agencies (CARD and EPA) (7) Start-up and commercial operations of all Buyer's facilities to accept delivery of Digester Gas from Seller as described in this Agreement. Fresno -Colony Energy Agreement, May 20, 2019 28 of 40 Target Date July 1, 2019 July1, 2019 July 1, 2019 July 1, 2019 Sep 1, 2019 Oct 30, 2019 Dec 1, 2019 EXECUTION COPY Exh ibit B DISCLOSURE OF CONFLICT OF INTEREST C I B' th P . t oonv 1ome ane ro1ec 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, org anization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professional s, owners or investors in a business which does business with the City of Fresno, or in a business which is in litig ation with the City of Fresno? 5 Are you or any of your principals, managers or professional s, related by blood or marriage to any City of Fresno employee who has any sig nificant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full b/. I I I E xplanation: Yt-/Jf Sigr/efute/ I Colony Disposes Organic Waste at the Wastewater Treatment Plant for a Fee and is discu ssing a new fee agreement with the City. Colony also anti cipates moving into an expanded biogas Agreement, which may include the construction of a new digester and biogas pipel ine uti lity interconnect. o Additional page(s) attached. Date Kent Hawkins Colony Energy Partners 4940 Campus Dr. Suite C Newport Beach CA, 92660 Fresno -Colony Energy Agreement, May 20, 2019 29 of 40 YES* NO D fZJ D � fZJ D D fZJ fZJ EXECUTION COPY Ex hibit C Organic Waste Fee Sc hed ule (The Organic Waste Fee Schedule shall be incorporated at a later date as an Amendment to the Agreement upon the City's completion of the necessary studies) Fresno -Colony Energy Agreement, May 20, 20 19 30 of 40 a. b. C. d. e. Exh ibit D Biomethane Qual ity Req uirements (Buyer's Sole Re sponsibil ity) EXECUTION COPY Minimum Heating Value : nine hundred and ninety (990) Btu (gross) per standard cubic foot on a dry basis - (ninety-eight percent (98%) methane). Moisture or Water Content: not in excess of seven (7) lbs. per million standard cubic feet. Hydrogen Sulfide: shall not contain more than 25-5 hundredths (0.25) of one (1) grain of hydrogen sulfide, measured as hydrogen sulfide, per one hundred (100) standard cubic feet (4 ppm). The gas stream shall not contain any entrained hydrogen sulfide treatment chemical (solvent) or its by-products. Carbon Dioxide: the gas shall not have a total carbon dioxide content in excess of three percent (3%) by volume. Oxyge n: The gas shall not have an oxygen content in excess of two-tenths of one percent (0.2%) by volume, and Seller shall make every reasonable effort to keep the gas free of oxygen. Fresno -Colony Energy Agreement, May 20, 20 19 31 of 40 EXECUTION COPY Exh ibit E Ma intenance and Repa ir Costs The following items are considered Annual Average Expected Maintenance and Repair Costs for the operations of the Gas Conditioning System. The costs for these items shall be borne exclusively by the Buyer up to the agreed upon upper limit of two hundred thousand dollars ($200,000) per year (Section 6.3). Darco Media (One Change Out) Membrane Skid Activated Carbon (Two Change Outs) Compressor Oil Filters Calibration Gas Gas Lab Testing Main Compressor Maintenance Other Mechanical Maintenance/Repairs Electrical/Instrumentation Maintenance/Repairs Tota l Annual Av erage Fresno -Colony Energy Agreement, May 20, 2019 32 of 40 $57,400 $50,000 $6,000 $4,000 $1,500 $4,000 $24,000 $15,000 $15,000 $1 76,900 EXECUTION COPY Ex hibit F Historic Vo lumes of Digeste r Gas Prod uced by Se ller City of Fresno Table 1. GCF 20 14 Production Inlet DG Product Waste Gas TOX Fuel (scfm) Gas (scfm) (scfm) (scfm) Jan-14 881 522 355 72.6 Feb-1 4 810 454 338 79.7 Mar-14 N/A N/A N/A N /A Apr-14 N/A N/A N/A N/A May-14 N/A N/A N/A N/A Jun-14 886 497 417 52.7 Jul-14 898 510 424 52.4 Aug-14 897 51 8 379 52.8 Sep-14 822 476 333 52.8 Oct-14 798 46 1 324 52.6 Nov-14 72 1 420 277 49.B Dec-14 693 408 279 49.1 Jan-Oct 20 14 Averages* 8S6 491 367 S9.4 Note: SCS ENGIN E ERS Product Gas CH4 (%) 98.8% 98.7% N/A N/A N/A 98.8% 99.0% 98.8% 98.7% 98.6% 79.4% 65.5% 98.8% November and December included anomalously low flow and CH. readings. Not included in annual averages. Ta ble 2. GCF 20 15 Production Inlet DG Product (scfm) Gas (scfm) Jan-15 781 455 Feb-15 789 445 Mar-15 841 472 Apr-15 728 442 May -15 791 474 Jun-15 734 430 Ju l-1 5 725 390 AuQ-1 5 998 555 Sep-1 5 931 524 Oct-15 978 593 Nov-15 1,102 64 1 Dec-15 949 566 20 1 S Averages 862 499 Fresno -Colony Energy Agreement, May 33 of 40 20,20 19 Waste Gas TOX Fuel (scfm) (scfm) 327 52.7 345 52.1 384 51.9 332 47.2 357 52.7 360 52.5 350 51 .4 489 52.4 44 1 52.6 443 51 .4 463 52.7 386 52.6 390 S1 .9 Product Gas CH4 (%) 98.0% 98.6% 98.6% 97.8% 98.5% 98.7% 98.5% 98.9% 98.7% 98.8% 98.8% 98.7% 98.6% EXECUTION COPY Ex hibit G INSURANCE REQU IREMENTS (a) Throug hout the life of this Agreement, CONTRACTOR shall pay for and maintain in fu ll force and effe ct all insurance as req uired herein with an insurance co mpany(ies) either (i) admitted by the California Ins urance Comm issioner to do business in the State of Californ ia and rated no less than "A-VI I" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her desig nee at any time and in his/her sole discretion. The req uired policies of insurance as stated herein shall mainta in limits of liability of not less than those amounts stated therein. However, the insurance limits ava ilable to CITY, its offi cers, officials, em ployees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the fu ll limit of any insurance proceeds to the named insured . (b) If at any time during the life of the Agreement or any extension , CO NTRACTOR or any of its su bcontractors fa il to mainta in any req uired insurance in fu ll force and effect, all services and work under this Agreement shall be disconti nued immediately, and all payments due or that become due to CO NTRACTOR shall be withheld until notice is received by CITY that the req uired insurance has been restored to fu ll force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any fa ilure to maintain the req uired 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 CONTRACTOR of its re sponsibilities under this Agreement. The phrase "fail to maintain any req uired insurance" shall include, without limitati on, notification received by CITY that an insurer has co mmenced proceedings, or has had proceed ings commenced against it, indicati ng that the insurer is insolvent. (c) The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, 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 CONTRACTO R. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTO R, vendors, su ppliers, invitees, contractors, su b-contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: 1. The most cu rrent version of Insurance Services Office (ISO) Commercial Genera l Liability Coverage Form CG 00 01 , providing liability coverage arising out of your business operati ons. The Com mercial General Liability pol icy shall be written on an occu rrence 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 equi pment), prod ucts and completed operations, and contractual liability (including, without limitation, indemn ity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Lim its of Insurance." 2. The most cu rrent vers ion of ISO *Commercial Auto Coverage Form CA 00 01 , Fresno -Colony Energy Agreement, May 20,2019 34 of 40 EXECUTION COPY prov iding liability coverage arising out of the ownership, maintenance or use of auto mobiles in the course of yo ur business operatio ns. The Automobile Policy shall be written on an occu rrence form and shall provide covera ge for all owned , hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile cove rage is used , the CITY, its officers, officials, employees, agents and vo lunteers are to be listed as additional insureds. 3. Workers' Com pensation insurance as req uired by the State of California and Employer's Liability Insurance. MINIMUM LIM ITS OF INSURANCE EXH IBIT A CONTRACTOR shall procure and mainta in 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, off icials, em ployees, agents and volu nteers as addit ional insureds, shall be the greater of the minimum limits specified herein or the fu ll limit of any insurance proceeds ava ilable to the named insured: 1. COMMERCIAL GENERAL LIABI LITY (i) $5,000,000 per occu rrence for bodily injury and property damage; (ii) $5,000,000 per occu rrence for personal and advertising injury; (iii) $1 0,000,000 aggregate for products and com pleted operations; and, (iv) $1 0,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMM ERCIAL AUTOMOBILE LIABI LITY $5,000 ,000 per accident for bodily injury and property damage. 3 . Workers' Compensation Insurance as requ ired by the State of Cal ifornia with statutory limits and EMPLOYER'S LIAB ILITY with limits of liability not less th an: (i) $1,000,000 each accident for bod ily injury; (ii) $1,000,000 disease each employee; and, (iii) $1 ,000,000 disease pol icy limit. 4. CONTRACTORS' POLLUTION LEGAL LIABI LITY with coverage for bodily injury, property damage or pollution clean-up costs that co uld res ult from of pollution conditio n, 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 liabi lity of not less than the following: Fresno -Colony Energy Agreement, May 20, 20 19 35 of 40 (i) $5,000,000 per occurrence or cl aim; and, EXECUTION COPY (ii) $1 0,000,000 general aggregate per annual policy period . (a) In the event this Agreement involves the transportation of hazardous material , either the Commercial Automobile policy or other appropriate insurance pol icy shall be endorsed to include Transportation Pollution Liability in surance covering materials to be transported by CONTRACTOR pursuant to the Agreement. UMBRE LLA OR EXC ESS INSURANCE In the event CONTRACTOR 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 pri mary 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, off icials, employees, agents and vo lunteers. DEDUCTIBLES AND SELF-I NSURED RETENTIONS CONTRACTOR shall be re sponsible for payment of any ded uctibles contained in any insurance policy(ies) req uired herein and CONTRACTO R shall also be res ponsible for payment of any self-insured retentio ns. Any deductibles or self-insured retentions must be decl ared on the Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her desig nee. At the option of the CITY'S Risk Manager or his/her designee, either: (i) The insurer shall reduce or elim inate such ded uctibles or self-insured rete nt ions as respects CITY, its off icers, officials, employees, agents and vol unteers; or (ii) CONTRACTOR shall provide a fi nancial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guarantee ing payment of losses and related invest igati ons, cl aim admin istration and defense expenses. At no time shall CITY be res ponsible for the payment of any deductibles or self-insured rete ntions. OTH ER INSURANCE PROVI SIONS/E NDORSEMENTS (i) All policies of in surance req uired herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed , red uced 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. CONTRACTOR is also res ponsible for provid ing written notice to the CITY under the same terms and co nditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewa l, or reduction in coverage or in limits , CONTRACTOR shall furn ish 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 pe rfo rmed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifte en Fresno -Colony Energy Agreement, May 20, 2019 36 of 40 EXECUTION COPY (15) calendar days prior to the expiration date of the expiring pol icy. (ii) The Commerci al General, Contractors Pollution Liabil ity and Automobile Liabi lity insurance policies shall be written on an occu rrence form . (iii) The Commercial General, Automobile and Contractors Poll uti on Liabi lity insurance policies shall be endorsed to name City, its officers, officials, agents , employees and volu nteers as an additional insured. CONTRACTOR shall esta blish additional insured status for the City and for all ongoing and co mpleted operations under both Commerci al General and Commercial Pollution Liability policies by use of ISO Forms or an executed manuscri pt insurance co mpany endorsement provi ding 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 and the Commercial Automobile policy shall conta in an ISO form CA 99 48 03 06. (iv) All such policies of insurance shall be endorsed so the CONTRACTORS' insurance shall be primary and no contri bution shall be req uired of City. The coverage shall conta in no special limitations on the scope of protection afforded to City, its officers, offici als, em ployees, agents and volu nteers. If CONTRACTOR maintains hig her limits of liability than the minimums shown above, City req uires and shall be entitled to coverage for the higher limits of liability maintai ned by CONTRACTO R. (v) All above , including the Com merci al General, Contractors Pollution and Automobile policies shall conta in a wa iver of su brogation as respects to CITY. (vi) Should any of these policies provide that the defense costs are paid with in the Limits of Liability, thereby red ucing the available limits by defe nse costs, then the req uirement for the Limits of Liability of these polices wi ll be twice the above stated limits. (vii) For any claims related to this Agreement, CONTRACTO R'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, agents, em ployees and vo lunteers. Any insurance or self-insurance maintained by the CITY, its officers , officials, agents , employees and volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. (vi ii) The Workers' Com pensation insurance policy shall contain, or be endorsed to co ntain, a waiver of subrogation as to CITY , its offi cers, officials, agents, employees and volu nteers. PROVIDING OF DOC UMENTS -CONTRACTOR shall furn ish CITY with all certificate(s) and applicable endorsements effect ing coverage req uired herein. All certificates and appl icable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S exec ution of the Agreement and before work commences. All non-ISO endorsements amending pol icy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately fu rn ish CITY with a complete copy of any insurance policy req uired 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 Fresno -Colony Energy Agreement, May 37 of 40 20, 20 19 EXECUTION COPY req uirement shall survive expiration or term ination of this Agreement. All subcontractors working under the direction of CONTRACTOR shall also be req uired to provide all docu ments noted herei n. CLAI MS-MADE POLICIES -If any coverage re quired is written on a clai ms-made coverage fo rm : (i) The retroactive date must be shown and must be before the effective date of the Agreement or the co mmencement of work by CONTRACTO R. (ii) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) ye ars afte r completion of the work or term ination of the Agreement, whichever fi rst 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 Agree ment, or work commencement date, CONTRACTO R must purchase "extended re porti ng" period coverage fo r a minimum of five (5) ye ars after completion of the work or term ination of the Agreement, whichever first occurs. (iv) A copy of the claims reporting req uirements must be subm itted to CITY for review. (v) These req uirements shall survive exp iration or term ination of the Agreement. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension, CONTRACTOR or any of its subcontractors fa il to maintain any re quired insurance in fu ll force and effect, all work under this Agreement shall be discontinued immediately until notice is received by CITY that the req uired insurance has been restored to fu ll force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any fa ilure to maintain the req uired insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY hereunder shall in any way relieve CONTRACTOR of its res ponsi bilities under this Agreement. The ph rase "fail to maintain any req uired insurance" shall include, without limitati on, notification received by CITY that an insurer has co mmenced proceedings, or has had proceedings com menced agai nst it, indicating that the insurer is insolvent. The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTO R, including, without limitation, liability under the indemn ity provisions of this Agree ment. 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 CONTRACTOR. Approval or purchase of any insurance contracts or pol icies shall in no way relieve from liability nor limit the liability of CONTRACTO R, its princi pals, offi cers, agents , employees, persons under the su pervi sion of CONTRACTO R, vendors, suppliers, invitees, co nsultants, su b-consultants, subcontractors, or anyone em ployed directly or indirectly by any of them. SUBCO NTRACTORS -If CONTRACTOR su bcontracts any or all of the services to be performed under this Agreement, CO NTRACTOR shall req uire, at the discretion of the Fresno -Colony Energy Ag reement, May 38 of 40 20, 2019 EXECUTION COPY CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agree ment with the City to provide req uired indemnification and insurance protection. Any req uired Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and prea pproved by CITY Risk Manager or designee. If no Side Agreement is req uired , CONTRACTOR shall re quire and verify that subcontractors maintain insurance meeti ng all the req uirements stated herein and CONTRACTOR shall ensure that CITY, its officers, officials, em ployees, agents and volunteers are additional insureds. The subco ntractors' certificates and endorsements shall be on file with CONTRACTOR, and CITY, prior to co mmencement of any work by the subcontractor. Fresno -Colony Energy Agreement, May 20, 2019 39 of 40 EXECUT ION COPY Ex hibit H Projected Early Te rmi nation Payment Sc hedule of Va lues/Reimbursable Costs Beg inning Year 3 Convenience Fee $850,000 Compressor Liquidation Value $553,500 Trailer Equipment Lease Breakage $955,800 Maintenance and Repairs $200,000 Sta rt-Up and Demobilization $420,000 Total Estimated Pa yment $2,979,300 4 $566,667 $389,000 $637,200 $200,000 $280,000 $2,072,867 5 $283,333 $141,450 $318,600 $200,000 $140,000 $1,083,383 The Pa rties agree that the schedule of values shown in Exhibit H are best professional estimates, and that the final payment to be made by the Seller to the Buyer for Termination for Convenience shall be based on actual and verifiable invoices, receipts or similar documentation provided by the Buyer to the Seller for all equipment, materia ls, supplies and services procured by the Buyer in order for the Buyer to meet the Buyer's full and complete obligations for the first full term of the Agreement. Refer to Sections 9.3, 9.4, 9.5, 9.6, and 9.7 for a complete discussion of the Termina tion for Convenience provisions. Fresno -Colony Energy Agreement, May 20, 20 19 40 of 40 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1794 Agenda Date:6/13/2019 Agenda #: 1-HH REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:LITO BUCU, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to well site improvements at Pump Station 241-2,located at 2529 North Barton Avenue (Bid File 3649) (Fresno County and Council District 7) 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act Guidelines 2.Award a construction contract to Smith Construction Company,Inc.,in the amount of $366,890.38 RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines;award a construction contract to Smith Construction Company,Inc.,in the amount of $366,890.38 to construct well site improvements at Pump Station 241-2 (PS 241-2)(Project);and authorize the Director of Public Utilities,or designee,to sign all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,solicited contractor services for this Project.Smith Construction Company,Inc.,was found to be the lowest responsive and responsible bidder with a bid amount of $366,890.38.The proposed well site improvements for PS 241-2 are necessary to bring the existing water well site to completion.This will bring the existing municipal water supply well that was recently constructed onsite to an operational state.Once operational,PS 241-2 will ensure City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1794 Agenda Date:6/13/2019 Agenda #: 1-HH adequate levels of service are maintained in the surrounding area. BACKGROUND The Department of Public Utilities,Water Division,maintains a network of approximately 260 municipal water supply wells.The construction of new wells for this network is required to replace wells that have reached the end of their useful life,or to assist in remediating water quality issues. The new PS 241-2 is necessary to offset water production losses resulting from both recent and future destruction of multiple outdated wells in the surrounding area. A new water supply well was recently constructed onsite to replace the existing well that needed to be destroyed due to its age and production inefficiency.Well site improvements are necessary in order to complete the PS 241-2 and bring the existing municipal water supply well to an operational state. Site improvements will comply with the requirements of the associated Development Permit. The Department of Public Utilities,Water Division,solicited contractor services for construction of the required well site improvements through the bidding process.A notice inviting bids was published in the Business Journal and posted on the City’s Planet Bids website on March 28,2019.Project plans and specifications were distributed to ten prospective bidders and thirteen Building Exchanges.Two sealed bid proposals were received and publicly opened on April 30,2019.The bids were $366,890.38 and $548,544.50. Smith Construction Company,Inc.,submitted a bid price in the amount of $366,890.38 and is found to be the lowest responsive and responsible bidder.The Staff Determination of Award was posted on the City’s website on May 14,2019.The price submitted is 12.6%below the engineer’s estimate of $420,000. ENVIRONMENTAL FINDINGS Staff has performed an environmental assessment of this Project and has determined that this Project is exempt under CEQA Guidelines Section 15301/Class 1 because the scope of work for the Project to bring the existing municipal water well to an operational state qualifies as “minor alterations of existing public facilities involving negligible or no expansion of existing use”and Section 15303/Class 3 because the scope of work for the Project includes only “construction of a limited number of new,small facilities or structures,installation of small new equipment and facilities in small structures.”Furthermore,none of the exceptions to the Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. LOCAL PREFERENCE Local Preference was not implemented because the low bidder qualifies as a local business pursuant to the Fresno Municipal Code Section 4-108(d). FISCAL IMPACT There is no impact to the General Fund.The Project is located in Fresno County and Council District 7.Funds for the Project are included in Water Division’s Fiscal Year 2019 Capital Improvement Program budget within the Water Enterprise Fund 40101.The construction of replacement municipal City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1794 Agenda Date:6/13/2019 Agenda #: 1-HH Program budget within the Water Enterprise Fund 40101.The construction of replacement municipal water supply wells was included in the water rate model used to create the five-year utility rate plan and subsequently adopted by City Council on February 26,2015.No additional funding is required for this Project. Attachments: Attachment 1 - Environmental Assessment P18-02226 Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1799 Agenda Date:6/13/2019 Agenda #:1-II REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BRIAN SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:ARTURO ALVAREZ, Wastewater Manager Department of Public Utilities - Wastewater Management Division SUBJECT Actions pertaining to North Avenue sewer trunk main emergency repair (Council District 5): 1.Adopt a finding of Categorical Exemption pursuant to Class 1,Section 15301(b)(Existing Facilities)and Section 15301(d)(Restoration or Rehabilitation)of the California Environmental Quality Act Guidelines 2.***RESOLUTION -Declaring an urgent necessity for the preservation of life,health,property, and authorizing the Purchasing Manager of the Finance Department,or designee,to contract with Floyd Johnston Construction Co.,Inc.,without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main (Requires 5 votes)(Subject to Mayor’s Veto) 3.Award a construction contract to Floyd Johnston Construction Co.,Inc.,in the amount of $450,000 RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b)(Existing Facilities)and Section 15301(d)(Restoration or Rehabilitation)of the California Environmental Quality Act (CEQA)Guidelines;adopt a Resolution declaring an urgent necessity for the preservation of life,health,property,and authorizing the Purchasing Manager of the Finance Department of the City of Fresno (City),or designee,to contract with Floyd Johnston Construction Co.,Inc.,without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main (Project);and award a construction contract to Floyd Johnston City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1799 Agenda Date:6/13/2019 Agenda #:1-II Avenue sewer trunk main (Project);and award a construction contract to Floyd Johnston Construction Co., Inc., in the amount of $450,000. EXECUTIVE SUMMARY The Department of Public Utilities (DPU),Wastewater Management Division,is seeking to award a construction contract for the Project in the amount of $450,000 to Floyd Johnston Construction Co., Inc.The existing sewer trunk main in North Avenue transports an average of 11.5 million gallons of wastewater per day to the Fresno/Clovis Regional Wastewater Reclamation Facility.This sewer trunk main experienced a localized structural collapse in North Avenue north of the Fresno Colony No.24 Canal and east of the Burlington Northern Santa Fe Railway and the Union Pacific Railroad. Without the emergency repair and the additional work,a full collapse may cause a sanitary sewer overflow impacting public health and safety. BACKGROUND During a routine inspection of the Fresno Colony No.24 Canal,the Fresno Irrigation District (FID) discovered a large sinkhole on their property adjacent to the canal.They reported the ground to be unstable with a large amount of water flowing through the opening of the sinkhole.Upon further inspection,the DPU Wastewater Collection System Division found that the 57-inch diameter North Avenue sewer trunk main,located just to the west of sewer access structure No.3260-24,to have had a structural failure due to the complete erosion of the crown of the sewer trunk main.The location of the failure is bound by a major railroad crossing that services both the Burlington Northern Santa Fe Railway and the Union Pacific Railroad to the west,FID irrigation canal to the south, commercial property to the north,and Maple Avenue to the east.The location of this structural collapse limits City’s options and confines response activities within this geographical area. An emergency purchase order was issued to Floyd Johnston Construction Co.,Inc.,to secure stability of the area surrounding this sewer trunk main and to construct a suction vault necessary for a bypass in the event of a full collapse.These actions were also necessary in order to conduct a Closed-Circuit Television (CCTV)inspection of the sewer trunk main between access structure No. 3260-24 and No.3260-02 to fully assess the extent of the failure.The CCTV inspection found the condition of the entire 207 feet of sewer trunk main to be structurally deficient and unable to support a point repair. DPU staff recommends a full bypass to allow construction of a structural concrete cap to cover the opening,using the surrounding ground for support while placing no stress on the compromised sewer trunk main.This measure will only be a temporary solution that will stabilize the area and prevent further soil erosion from entering the sewer trunk main. The Statewide General Waste Discharge Regulations Order No.2006-0003-DWQ (c),requires rehabilitation and replacement of sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects.The severity of the condition of the North Avenue sewer trunk main calls for its immediate replacement.DPU will be moving forward with a Capital Improvement Project for the installation of a parallel main in Fiscal Year 2020.Staff will return to City Council within 180 days with a recommendation to award a contract for the design and a contract for the construction of a permanent replacement (parallel main) of this section of the North Avenue sewer trunk main. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1799 Agenda Date:6/13/2019 Agenda #:1-II ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this Project in accordance with the requirements of CEQA and has determined that this Project is exempt under Class 1,Section 15301 (b)(Existing facilities of both investor and publicly-owned utilities)and Section 15301(d)(Restoration or rehabilitation of deteriorated or damaged structures,facilities,or mechanical equipment to meet current standards of public health and safety),because this Project involves the rehabilitation of an existing structure which has deteriorated to a point where it requires repairs,in order to uphold public health and safety standards. LOCAL PREFERENCE Local preference was not implemented because this award is an emergency purchase.However, Floyd Johnston Construction Co.,Inc.,qualifies as a local business pursuant to the Fresno Municipal Code Section 4-108(d). FISCAL IMPACT There is no impact to the General Fund.The Project is located in Council District 5.Funds for the Project are included in the Fiscal Year 2019 budget within the Wastewater Operations Fund 40501 for rehabilitation of the sewer collection system. Attachments: Attachment 1 - Resolution Attachment 2 - Sample Contract Attachment 3 - Vicinity Map City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ 2 of 3 WHEREAS, the continued operation of the North Avenue sewer trunk main is essential for the health and safety of the community, as a full collapse may cause sanitary sewer overflow; and WHEREAS, a full bypass is recommended in order to construct a structural concrete cap to secure the opening over the collapsed section and prevent further soil erosion from entering the sewer trunk main; and WHEREAS, further delays and proceeding through a formal bid process could have a serious negative impact on the operation of the North Avenue sewer trunk main and the health and safety of the surrounding area and the community at large; and WHEREAS, staff will return to City Council within 180 days with a recommendation to award a contract for the design and a contract for the construction of a permanent replacement of this section of the North Avenue sewer trunk main. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The foregoing facts constitute an urgent necessity for the preservation of life, health, or property. 2. The requirement of advertising for bids is hereby waived pursuant to Charter Section 1208(a) 3. The Purchasing Manager or designee is authorized to enter into and execute contracts, documents, and instruments providing for the emergency repair and temporary bypass construction of the North Avenue sewer trunk main, at a cost not to exceed $450,000, subject to prior approval as to form by the City Attorney’s Office. * * * * * * * * * * * * * * 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC CRM City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: __ Brandon Collet 6/__/2019 Senior Deputy City Attorney E.North Ave Fresno Irrigation District Canal 45’ Miller Milling Company Spur, serviced by UPRR 57” Sewer Trunk Main – 16’ below surface grade. Sewer Access Structure with the opening at surface grade. Location of failure on the sewer trunk main. 18” HDPE bypass discharge pipe. To be laid at surface grade. Suction vault for bypass. Opening at surface grade. 45’ BNSF Tracks UPPR Tracks Miller Milling Company Spur Vicinity Map City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1800 Agenda Date:6/13/2019 Agenda #:1-JJ REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:MATTHEW L. BULLIS, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve a Fourth Amendment to the Agreement with Provost and Pritchard Engineering Group,Inc., amending the scope of work for Engineering Design and Feasibility Analysis for Removal of 1,2,3- Trichloropropane from Groundwater Wells (Citywide) RECOMMENDATIONS Staff recommends that City Council approve a Fourth Amendment to the Agreement with Provost and Pritchard Engineering Group,Inc.,(Consultant)for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane(TCP)from Groundwater Wells (Project)and authorize the Director of Public Utilities,or designee,to execute the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Fourth Amendment to the Agreement with the Consultant will modify the contract scope of work by adding remedial investigation to Feasibility Study activities to determine the nature and extent of TCP contamination in groundwater and also reduce the number of wells selected for remedial design activities.The change in scope of work will not impact the total cost of the Agreement with the Consultant.On September 27,2018,the City Council accepted entering into the funding Agreement with the State Water Resources Control Board (SWRCB)Proposition 1 Sustainability Groundwater Planning Grant Program (Grant)and approved a Third Amendment to the Agreement with the Consultant which covers the cost of the amended scope of work for the Project,as specified in the Fourth Amendment to the Agreement. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1800 Agenda Date:6/13/2019 Agenda #:1-JJ BACKGROUND In 2018,the State of California (State)established new groundwater regulations,setting the allowable maximum contaminant level at 5 parts per trillion (ppt)for TCP present in drinking water. TCP was widely used in the 1950’s and 1960’s as a byproduct of the application of chemicals during soil fumigation.Due to the chemicals low adsorption rate,the product does not adhere to soil after spray application which resulted in the chemical leaching into the groundwater.Any water containing elevated levels of TCP require advance levels of treatment prior to consumption. In 2017 the State notified the City of upcoming groundwater regulations for TCP were being implemented and any continued use of TCP impacted groundwater above the Maximum Contamination Limit (MCL)of 5 parts per trillion (ppt)would require advanced treatment systems. The TCP Mitigation Feasibility Report,dated May 18,2018,reported that 40 of the City’s 260 active water wells have shown the presence of TCP above the MCL.City’s utilization of surface water supplies has lessened the burden on underground water resources.However,groundwater will continue to be a necessary component of the overall City water system. On January 31,2017,the City hired the Consultant to provide a mitigation Feasibility Study for prioritizing well treatment options for compliance with this new State regulation.The scope of work included investigating City’s well sites,TCP treatment options available,well prioritization for upgrades,and conducting field studies to evaluate TCP cleanup effectiveness.The cost for the initial work was $268,000.A draft of the report was completed in May 2018 and sent to the State for their review and approval.On April 4,2017,the City submitted an application to the SWRCB for the Grant,which would provide funding for programs associated with groundwater treatment.This program makes $86 million available to develop and implement sustainable groundwater planning projects. Groundwater impacted with TCP qualifies for these Grant funds. On December 8,2017,a First Amendment to the Agreement was approved for preliminary design activities for Pump Station 70.The cost of this work was $99,000.Pump Station 70 is water well impacted with various constituents,including TCP and requires continuous operation due to prior agreement. This required an expedited well design work at this site. On January 2,2018,the City was approved by the SWRCB to receive a $891,500 Grant.The SWRCB also determined that the City maintains a Disadvantaged Community status,which qualifies the City for the minimum 10%grant match obligation of $99,100.Grant funding has been structured to offset costs the City incurred in development of the initial TCP Study and will also fund the next phase of remedial engineering design on five TCP impacted water wells. On February 8,2018,a Second Amendment to the Agreement was executed to extend the timeline for completion of the work to September 1,2018.This amendment did not add any additional funding to the contract. On October 4,2018,a Third Amendment to the Agreement was executed for completion of the design activities related to the Grant.The scope of work included remediation system design, construction documents,bidding services and planning grant assistance for five City wells.The cost of this work was $677,000,amending the contract value to $1,044,000.All work related to the Third Amendment to Agreement will be completed in 480 calendar days from the authorization to proceed, City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1800 Agenda Date:6/13/2019 Agenda #:1-JJ which corresponds to the work schedule established in the Grant. As a condition of the Grant,the State has requested the City expand the original scope of work to include a remedial investigation of the nature and extent of the TCP distribution in groundwater that is impacting the subject potable water wells.This would include identifying potential critical areas impacted with TCP (Study Areas),define the geological and hydrological conditions in the selected Study Areas,define the nature of the extent of the potential non-TCP contaminates that might affect potential treatment designs,develop site conceptual models for each Study Area and evaluate the mitigation by pumping strategies for the effected wells.In order to comply with the requirements of the Grant and stay within the confines of the original funding guidelines,staff has negotiated an increase in scope of work to include all the items listed above and removal of two out of five wells from the remedial design activities.The contract will now have a total of three wells included in the scope of work.The net addition/subtraction to the scope of work resulted in no net change in cost to the contract, which remains at $1,044,000. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the approval of the amendment does not qualify as a “project” for the purpose of CEQA. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing agreement. FISCAL IMPACT There is no impact the General Fund.This Project is Citywide.Funding for this Project is included in the Grant to mitigate TCP in groundwater.The matching funds required for this Project have been appropriated from retained earnings in Water Division’s Fiscal Year 2019 Water Enterprise Fund 40101.The Project was also included in the water rate model used to create the five-year utility rate plan that was adopted by the City Council on February 26, 2015. Attachments: Attachment 1 - Fourth Amendment to Agreement Attachment 2 - Original Consultant Agreement, First, Second, and Third Amendment to Agreement City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ FIRST AMENDMENT TO AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 8ih day of Th'c:evnbe5J 2017 (Effective Date) amends the Agreement heretofore entered into between the CITY OF FRESNO, a California municipal corporation (City), and PROVOST & PRITCHARD CONSUL TING GROUP, a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an agreement, on January 31, 2017 (Agreement) to provide professional civil engineering consulting services for Engineering Design and Feasibility Analysis for Removal of Trichloropropane (TCP) from Groundwater Extraction Wells for a total fee of $244,000; and WHEREAS, the parties have negotiated an increase of $99,000 in Consultant's compensation for additional services to provide engineering design for removal of TCP from groundwater at Water Well PS70 for the City of Fresno; and WHEREAS, City and Consultant desire to extend time of performance to September 15, 2018; and WHEREAS, with entry into this Agreement, Consultant agrees Consultant has no claim, demand, or dispute against City. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein conditioned, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1 . CONSUL TANT shall perform to the satisfaction of CITY the scope of services described in EXHIBIT A, including all work incidental to, or necessary to perform, such services even though not specifically described in EXHIBIT A. 2. CONSULTANTS sole compensation for satisfactory performance of all services required or rendered for the Project pursuant to this Amendment shall be a total fee increase of $99,000 for engineering design for removal of TCP from groundwater at Water Well PS70 for the City of Fresno, Department of Public Utilities. Compensation includes all expenses incurred by Consultant in performance of such services. Total Consultant project cost pursuant to this Agreement (includes Initial Agreement and First Amendment to Agreement) is $343,000. The Agreement shall be extended to September 15, 2018, to complete the engineering design services at removal of TCP from groundwater at PS70 for the City of Fresno Department of Public Utilities. 3. Except as otherwise provided herein, the Agreement entered into by City and Consultant on January 31, 2017, respectively, remain in full force and effect. 4. [Signatures appear on the next page.] IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation ATTEST: YVONNE SPENCE, CMC City Clerk By:0lli.LJ£C, \Q:h h~N) Q \Q.· ~ · l, Date Addresses: CITY: City of Fresno Department of Public Utilities Utilities, Planning & Engineering Attention: Matthew Bullis, PE 2101 G Street, Building A Fresno, CA 93706 Phone: (559) 621-1632 FAX: (559) 498-4126 Provost & Pritchard Consulting Group, A California Corporation Title : V1d Pll..f'zl f ~ rJ -f (If corporation or LL ~ Board Chair, Pres. or Vice Pres.) By: /k=~ Title: St ,..;or (.~t'fltc; (If corporation or L C, CFO, Treasurer, Secretary or Assistant Secretary) CONSULTANT: Provost & Pritchard Consulting Group Inc. Attention: Kevin Berryhill, PE Principal Project Manager 286 W. Cromwell Avenue Fresno, CA 93711 Phone: (559) 449-2700 FAX (559) 449-2715 EXHIBIT A TCP Mitigation Design and Feasibility Analysis PS70 Design Services Scope of Services Project Understanding On February 2, 2017, the City of Fresno authorized Provost & Pritchard to proceed with feasibility study work as specified in the agreement dated January 31, 2017 titled "Engineering Design and Feasibility Analysis for Removal of Trichloropropane from Groundwater Extraction Wells". The purpose of the study was to provide engineering services needed to define the required mitigation measures associated with the contamination of the synthetic organic chemical (SOC) 1,2,3-trichloropropane {TCP) in forty-five (45) of the City's wells. In advance of completing the Feasibility Study, the City has asked Provost & Pritchard for a separate scope and fee to provide engineering design services for one of the contaminated wells (PS 70). After preliminary review of the site, it is anticipated that there is enough room to install the necessary TCP treatment improvements (granular activated carbon, GAC) at the well site. The PS 70 flow is approximately 1,200 gpm, which will require two (2) pairs of vessels each operated in series ( 4 vessels total). PS 70 currently have 3 existing vessels that operate in parallel, but have a piping manifold that would allow for series operation. Approach In keeping with the typical scope of services for GAC treatment plant designs that Provost & Pritchard has previously worked on or is currently working on, the design services included in this proposal include four parts, following the City's standard consulting agreement: Part 1: Schematic Design Phase Part 2: Design Development Phase Part 3: Construction Document Phase Part 4: Bidding Phase Scope of Services Our proposed scope of services for this project is segregated into several tasks and sub-tasks. Specific activities included in each task are described below. Recognize that the attached fee estimate reflects budget projections of our time and expenses required to perform the described work; while individual task budgets may be exceeded, the total budget estimate will not be exceeded without prior additional authorization. Part 1: Schematic Design Phase A. PROGRAMMING AND PROJECT MANAGEMENT 1. Project management and administration 2. Prepare and maintain work plan and design schedule 3. Attend kick-off meeting with City staff City of Fresno PS 70 TCP Design Services September 26, 2017 Page2 of5 4. Prepare and submit monthly billing 5. Conduct QA/QC program B. SURVEYING 1. Conduct right-of-way and boundary research for both pump station sites. 2. Conduct field survey to locate sufficient monumentation to re-establish the right- of-way and property lines within the project limits. 3. Conduct topographic ground surveys of the project limits. C. AGENCY AND UTILITY COORDINATION 1. City Utility Research -Download record drawings from VIEW Fresno 2. Utility Notifications -Send utility request letters to utility companies to obtain utility information within the project limits 3. Contact FMFCD to discuss feasibility of connecting backwash and flush lines to storm drain facilities and identify requirements 4. Review Record Information and complete utility base mapping D. DESIGN PARAMETERS REPORT 1. Prepare Design Parameters Report containing the following information : a . Design flow rates of well b. Estimated head loss through the treatment system c. GAC design parameters (empty bed contact time, hydraulic loading rate, vessel quantity, and series/parallel operation) d. A description of major site features including features to mitigate aesthetic impacts (e.g. pit and walls); chlorination system; carbon delivery access; and backwash water disposal method. e. Vessel procurement method f. Electrical construction responsibilities g. Schematic site plan showing all of the proposed improvements. h. Schematic design level opinion of probable construction cost. i. Submit design parameters report. j. Schedule and conduct workshop review meeting with CITY staff. E. GEOTECHNICAL SERVICES 2. None. A ssumptions : a) The project management and programming budget is based on total design project duration of 8 months. b) Sufficient monumentation will be locatable to determine right-of-way and property limits. c) The project is assumed to be GAC wellhead treatment at one existing well site. There are no interconnecting pipelines as would be required for co- treatment of multiple pump stations at a single site. d) The treatment plant is being constructed on an established City of Fresno well site. e) Improvements to existing wells and pumps are not included in the project. f) The City will elect not to conduct a geotechnical investigation of the proposed treatment site and structural design parameters will be based on requirements of the Californ ia Building Code. City of Fresno PS 70 TCP Design Services September 26, 2017 Page3 of5 g) Easements for the PG&E overhead lines at PS 70 will not prevent the addition of a fourth GAC vessel on the existing concrete pad. h) The existing concrete pad at PS 70 is adequately designed to accommodate the addition of a fourth GAC vessel. Part 2: Design Development Phase A. PRELIMINARY PLANS, SPECIFICATIONS, AND COST ESTIMATE 1. Address any remaining comments on the site design parameters summarized during Part 1. 2. Prepare preliminary (60%) plans for wellhead treatment construction project, including the following sheets: i. Cover and index ( 1 sheet) ii. General notes ( 1 sheet) iii. Legend and abbreviations ( 1 sheet) iv. Demolition plan (1 sheet) v. Site plan ( 1 sheet) vi. Grading plan ( 1 sheet) vii. Site piping plan (1 sheet) viii. Slab structural details (1 sheet) ix. Miscellaneous details ( 1 sheet) x. Equipment Building Modifications (1 sheet) xi. Electrical sheets (2 sheets) xii. Title 24 sheet (2 sheet) 3. Prepare preliminary technical specifications in CSI format 4. Prepare itemized estimate of quantities and cost 5. Submit preliminary (60%) plans, specifications and estimate (PS&E) i. Submit 1 full-size and 1 half-size sets ii. Submit 2 full-size sets to FMFCD and DDW for review. iii. Schedule and conduct workshop review meeting separately with FMFCD Assumptions: a) The wellhead treatment construction project will be bid as a single project b) City boiler plate front-ends will be used c) New GAC vessel will be procured utilizing the City's standard GAC vessel procurement specifications. d) No new standby generators are included in the projects. Generators will be shown on CUP exhibits as future. B. PERMITTING ASSISTANCE 1. Assist City with applying for and obtaining approval for a new or revised Conditional Use Permit (CUP) for the site. i. Prepare CUP exhibits consisting of Site Plan, and Elevation Views ii. Assist Water Division with preparation of Planning & Development Department Master Application Form iii. Submit application to Planning & Development Department iv. Participate in up to three meetings or Planning & Development Department counter visits after the initial application to assist the City in obtaining an approved CUP 2. Coordinate with the State Water Resources Control Board -Division of Drinking Water (DDW) regarding the project. City of Fresno PS 70 TCP Design Services September 26, 2017 Page 4 of5 3. Coordinate with Fresno Metropolitan Flood Control District (FMFCD) regarding acceptable location of backwash and flush-to-waste water discharge. 4. Establish whether project is subject to SJVAPCD Indirect Source Rule. Assumptio n s: a) City will pay for all permit fees directly b) No permits will be required other than those specifically identified above c) City will provide Preliminary Title Report and supporting Deed documents; Letter of Owner Authorization; and Operational Statement required for CUP application d) The City will handle coordination with adjacent property owners to new treatment sites regarding aesthetic impacts, and construction activities. e) Our fee assumes that no SJVAPCD permitting will be required. Part 3: Construction Document Phase A. DRAFT FINAL (90%) DESIGN 1. 60% submittal review meeting with City 2. Address Design Development Phase review comments 3. Prepare draft final plans, including the same sheets listed in the previous phase. 4. Prepare draft final technical specifications 5. Incorporate City up-front contract documents 6. Prepare draft final cost opinions 7. Submit draft final plans, specifications and estimate i. Submit 1 full-size and 1 half-size set. Submit 1 set to FMFCD for review. ii. Schedule and conduct workshop review meeting with CITY staff. It is assumed that the utilities department will circulate plans to all CITY departments and obtain consolidated comments for the workshop meeting. B. FINAL (100%) PLANS, SPECIFICATIONS AND ESTIMATES 1. 90% submittal review meeting with City 2. Address draft final review comments 3. Prepare final plans 4. Prepare final technical specifications 5. Prepare final opinion of probable construction costs 6 . Submit final plans, specifications and estimate i. Submit 1 full-size and 1 half-size set ii. Submit 1 full-size set to FMFCD for review. C. BUILDING & SAFETY DEPARTMENT PLANCHECK 1. Submit two full-size plan sets and one set of structural calculations for Building & Safety Department Plan check 2. Complete back check process to obtain Building & Safety Department approval 3. Obtain FMFCD plan approval and signatures Assumptions: a) The contractor will prepare and implement Storm Water Pollution Prevention Plan and Dust Control Plan if required. Part 4: Bidding Phase A. BIDDING SERVICES 1. Attending pre-bid conference 2. Prepare addenda and clarifications as necessary during the bid period City of Fresno PS 70 TCP Design Services SPECIFIC EXCLUSIONS September 26 , 2017 Page 5 of5 The following engineering services are specifically excluded from the scope of services but may be provided if requested by the City and following adjustment to this Scope of Services and corresponding fee estimate: 1. Support of any services related to litigation including, but not limited to, expert witness services, responding to subpoenas, participating in depositions, and testifying at trial. 2. Legal descriptions and exhibits 3. Applying for plan amendment, rezoning, or code variances 4. Geotechnical investigations and reports 5. Construction staking 6. Services associated with property acquisition 7. Preparation of dust control plans and storm water pollution prevention plans 8. Payment of agency plan check and permit fees 9. Payment of fees for outside laboratory, equipment, and testing services 10. Potholing and utility locating services 11. Environmental permitting assistance 12. Landscape improvements or modifications 13. Hydraulic modeling and/or surge analysis 14. Traffic control plans 15. Preparation of water treatment Operations Plan and Hazardous Materials Business Plan 16. Bidding assistance 17. Contractor prequalification 18. Engineering services during construction ESTIMATED FEE SUMMARY We will perform these services on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate without additional authorization. Fee Estimate -PS 70 TCP Design Services Task Estimated Fee Task 1 -Schematic Design $25,000 Task 2 -Design Development $30,000 Task 3 -Construction Documents $35,000 Task 4 -Bidding $9,000 Total Estimated Fee: $99,000 5 l ,, FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 8 H) day of i=eoyl.Atlra 2018, between the CITY OF FRESNO, a California municipal corporation ( ity), and PROVOST & PRITCHARD CONSUL TING GROUP, a California corporation (Consultant). RECITALS WHEREAS, the City and the Consultant entered into an agreement on January 31, 2017, (Agreement) to provide professional consulting services for engineering design and feasibility analysis for removal of Trichloropropane (TCP) from groundwater extraction wells (Project); and WHEREAS, the City and the Consultant desire to extend the Agreement to September 1, 2018, to complete Project; and WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The recitals to this Amendment are incorporated and made a part of this Amendment. 2. The Agreement shall be extended to September 1, 2018. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on January 31, 2017, remains in full force and effect. [Signatures follow on the next page.] 1 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By 'C::7LF/:Z'f V,Yf"'='U(J)Yv APPROVED AS TO FORM: DOUGLAS T. SLOAN �,,,., By. < ( G . "C:..d..,,., I I' V IP __] ATIEST: YVONNE SPENCE, MMC City Clerk By: Lj/f)Ct/lc..,t,) � ate Deputy A// ;.rc.,.o IV/ vr f--(n,c,.2- Addresses: CITY: City of Fresno Department of Public Utilities Utilities Planning and Engineering Attention: Matthew Bullis, PE Professional Engineer 2101 G Street, Building A Fresno, CA 93706 Telephone No: (559) 621-1632 FAX: (559) 498-4126 Provost & Pritchard Consulting Group, A California corporation By: Af�wW Name: Ma1JH�w W. l<tme Title: VI Ct ffl€h r y£,J f (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By:� Name: �,;\� /1c,r"t"tll)tl'I Title: St..nitJr l/\1•'/\LJ..r (If corporation or LL:C., CFO., Treasurer, Secretary or Assistant Secretary) i/<t,/,v 2 CONSUL TANT: Provost & Pritchard Consulting Group, Inc. Attention: Kevin Berryhill Principal Project Manager 286 W. Cromwell Avenue Fresno, CA 93711 Telephone No. (559) 449-2700 FAX: (559) 449-2715 THIRD AMENDMENT TO AGREEMENT CITY OF FRESNO, CALIFORNIA CONSUL TANT SERVICES THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the 4�� day of OcJober 2018 (Effective Date) ame nds the Agreement heretofore entered into between the CITY OF FRESNO, a California municipal corporation (City), and PROVOST & PRITCHARD ENGINEERING GROUP, INC. D.B.A. PROVOST & PRITCHARD CONSULTING GROUP, a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an agreement,· on January 31, 2017 (Agreement) to provide professional civil engineering consulting services for Engineering Design and Feasibility Analysis for Removal of Trichloropropane (TCP) from Groundwater Extraction Wells for a total fee of $268,000; and WHEREAS, the parties executed a First Amendment dated December 8, 2017, to increase Consultant's Compensation by $99,000 for additional services to provide engineering design for removal of TCP from groundwater at Water Well PS70; and WHEREAS, the parties executed a Second Amendment dated February 8, 2018, to extend the timeline of the Agreement to September 1, 2018; and WHEREAS, the parties have negotiated an increase of $677,000 in Consultant's compensation for additional services to provide engineering design for removal of TCP from groundwater at five Well Sites (to be selected by the City) for the City of Fresno; and WHEREAS, City and Consultant desire to extend time of performance of this contract to January 31, 2020; and WHEREAS, with entry into this Agreement, Consultant agrees Consultant has no claim, demand, or dispute against City. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. CONSUL TANT shall perform to the satisfaction of CITY the scope of services described in EXHIBIT A, including all work incidental to, or necessary to perform, such services even though not specifically described in EXHIBIT A. 2. CONSUL TANT's sole compensation for satisfactory performance of all services required or rendered for the Project pursuant to this Amendment shall be a total fee increase of $677,000 for engineering design for removal of TCP from groundwater at five water well sites selected by the City of Fresno, Department of Public Utilities. Compensation includes all expenses incurred by Consultant in performance of such services. Total Consultant project cost pursuant to this Agreement (including the Agreement, First, Second, and Third Amendment) is $1,044,000. 1 3. The Agreemen t shall be extended to January 31, 2020, to comp lete the engineering design services at removal of TCP from groundwater at five well sites for the City of Fresno, Department of Public Utilities. 4. Excep t as otherwise provided herein, the Agreement entered into by City and Consultant on Janu ary 31, 2017, and amen ded Decem ber 8, 2017, and February 8, 2018, respectively, rem ain in full force and effect. [Signatures appear on the next page.] 2 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By :� ichaeCarbaja Interim Assistant Director of Public Utilities APPROVED AS TO FORM: DOUGLAS T. SLOAN City A ndon M. Collet Senior Deputy City Attorney ATIEST: YVONNE SPENCE, CRM MMC City Clerk By: C)udJ.4:-4� Deputy f c/4/J8 Date Addresses: CITY: City of Fresno Department of Public Utilities Utilities, Planning & Engineering Attention: Matthew L. Bullis, PE Professional Engineer 2101 G Str eet, Building A Fresno, CA 93706 Phone: (559) 621-1632 FAX: (559) 498-4126 Attachment: Exh ibit A -Scope of Services Provost & Pritchard Engineering Group, Inc. D.B.A. Provost & Pritchard Consulting Group, :: alifdZ�"�»P Name: t'r\A{1Hf; w '/\.I . Kem e Title: Y 1c..E fe �'21 y_eN1: (If corporation or LLC., Board Chair, P.res. or Vice Pres.) .. Name: v4.,etl A' w 4 Title: C� \l (If corporation or LLC.,., CFO, Treasurer, Secretary or Assistant Secretary) CONSUL TANT: Provost & Pritchard Engineer ing Group Attention: Kevin Berryhill, PE Principal Project Manager 286 W. Cromwell Avenue Fresno, CA 93711 Phone: (559) 449-2700 FAX (559) 449-2715 3 Project Understanding EXHIBIT A TCP Mitigation using GAC Design for Five Well Sites Scope of Services On February 2, 2017, the City of Fresno authorized Provost & Pritchard to proceed with feasibility study work as specified in the agreement dated January 31, 2017 titled "Engineering Design and Feasibility Analysis for Removal of Trichloropropane from Groundwater Extraction Wells". The purpose of the study was to provide engineering services needed to define the required mitigation measures associated with the contamination of forty-five ( 45) of the one-hundred (100) wells contaminated from the synthetic organic chemical (SOC) 1,2,3-Trichloropropane (TCP). In addition to the feasibility study, the City has asked Provost & Pritchard for a separate scope and fee to provide engineering design services for five (5) of the contaminated wells to design the necessary TCP treatment improvements (granular activated carbon, GAC). The design services will be reimbursed as part of Proposition 1 funding obtained by the City. The individual contaminated well sites have not yet been selected by the City and the locations will be determined at a later date. Approach It is anticipated that each of the five (5) well sites will conform to typical City of Fresno GAG design guidelines including the following assumptions: 1. Up to three (3) pairs of vessels each operated in series (up to 6 vessels total) at each site 2. Masonry walls and wrought iron access gates 3. Five (5) foot deep vessel pits equipped with vessel skid manifolds, lighting, and a sump pump; 4. Backwash and flush to waste pipelines connected to Fresno Metropolitan Flood Control District (FMFCD) storm drains where feasible; 5. On-site delivery truck access driveways where feasible; 6. Delivery truck dewatering drain inlets 7. Three-way valves to direct sump pump water to either the storm drain or sewer 8. Landscaping to screen the GAC vessels In keeping with the typical Water Division scope of services the design services included in this proposal include three of the typical five parts, included in the City's standard consulting agreement: Part 1: Schematic Design Phase Part 2: Design Development Phase Part 3: Construction Document Phase 4 Part 4: Bidding Phase -Not included with this proposal, Pro vost & Pritchard will provide under separate contract Part 5: Construction Phase -Not included with this proposal, Provost & Pritchard will provide under separate contract Part 6: Planning Grant Assistance Scope of Services Our proposed scope of services for this project is segregated into several tasks and sub-tasks. Specific activities included in each task are described below. Recognize that the attached fee estimate reflects budget projections of our time and expenses required to perform the described work; while individual task budgets may be exceeded, the total budget estimate will not be exceeded without prior additional authorization. SCOPE Part 1: Schematic Design Phase A. PROGRAMMING AND PROJECT MANAGEMENT 1. Project management and administration 2. Prepare and maintain design and construction schedule 3. Attend kick-off meeting with City staff 4. Prepare and submit monthly billing B. SURVEYING 1. Conduct right-of-way and boundary research for each project site (5 sites total). 2. Conduct field survey to locate sufficient monumentation to re establish the right- of-way and property lines within the project (5 sites total). 3. Conduct topographic survey of each project site (5 sites total) C. UTILITY COORDI NATION 1. Utility Research -iView 2. Review Record Information 3. Utility Research Letters D. DESIGN PARAMETERS MEMORANDUM 1. Prepare Design Parameters Report containing the following information A. Design flow rates of each well B. Estimated head loss through each treatment system C. GAC design parameters ( empty bed contact time, hydraulic loading rate, vessel quantity, and series/parallel operation) D. A description of major site features including features to mitigate aesthetic impacts (e.g. pit and walls); chlorination system; carbon delivery access; and backwash water disposal method. E. Vessel procurement method F. Electrical construction responsibilities G. Schematic site plan showing the proposed improvements (5 sites total). H. Schematic design level opinion of probable construction cost. 5 E. GEOTECHNICAL SERVICES 1. None. Assumptions: a) The project management and programming budget is based on a total design duration of 12 months b) The project is assumed to be GAC wellhead treatment at five stand-alone existing well sites. There are no well site interconnecting pipelines as would be required for co-treatment of mu ltiple pump stations at a single site. c) Offsite raw water lines and offsite backwash lines if required would not exceed 1 ,000 linear feet at any given site. Offsite raw water lines or backwash lines would not require encroachment permits from Caltrans or a railroad authority. d) The treatment plant is being constructed on an established City of Fresno well site or on property purchased by the City of Fresno for a remote treatment site location. e) The City will elect not to conduct a geotechnical investigation of the proposed treatment site. Part 2: Design Development Phase A PRELIMINARY PLANS, SPECIFICATIONS, AND COST ESTIMATE 1. Address any remaining comments on the site design parameters summarized during Part 1. 2. Prepare preliminary (60%) plans for wellhead treatment construction project, including the following sheets: i. Cover and index (1 sheet) ii. Legend and notes (1 sheet) iii. Demolition plan (5 sheets) iv. Site plan (5 sheets) v. Grading plan (5 sheets) vi. Site piping plan (5 sheets) vii. Pit piping deta ils (2 sheets) viii. Pit structural details (1 sheet) ix. Miscellaneous details (2 sheets) x. Equipment Building details and sections (3 sheets) xi. Electrical sheets ( 10 sheets) xii. Title 24 sheet (3 sheets) xiii. Landscape plan (5 sheets) xiv. Irrigation plan (5 sheets) xv. Landscaping details (2 sheets) 3. Prepare preliminary technical specifications 4. Prepare itemized estimate of quantities and cost 5. Perform internal QA/QC review 6. Submit preliminary (60%) plans, specifications and estimate (PS&E) Assumptions: a) The wellhead treatment construction projects will be bid as a single project (5 well sites in one plan set) 6 b) City-supplied up-front contract documents (DIV O and 1) will be used c) New GAC vessels will be procured utilizing the City's standard GAC vessel procurement specifications. d) No new standby generators are included in the projects. Generators will be shown on Development Permit exhibits as future. B. PERMITTING ASSISTANCE 1. Assist City with applying for and obtaining approval for a new or revised Development Permit (formerly known as a conditional use permit, CUP) for each site. i. Prepare development permit exhibits consisting of Site Plan, Landscape Plan, and Elevation Views for each site (5 sites total) ii. Assist Water Division with preparation of Planning & Development Department Master Application Form iii. Submit application to Planning & Development Department iv. Participate in up to three meetings or Planning & Development Department counter visits after the initial application to assist the City in obtaining an approved Development Permit 2. Submit off-site improvements plans to City of Fresno Public Works Department for review and approval 3. Coordinate with the State Water Resources Control Board - Division of Drinking Water (DOW) regarding the project. 4. Coordinate with Fresno Metropolitan Flood Control District (FMFCD) regarding acceptable location of backwash and flush-to-waste water discharge. 5. Establish whether project is subject to SJVAPCD Indirect Source Rule 6. Submit new electrical service application to PG&E if required to obtain new RULE 16 drawing Assumptions: a) City will pay for all permit fees directly b) City will handle environmental compliance permitting and regulations (CEQA) c) No permits will be ·required other than those specifically ident ified above d) City will provide Preliminary Title Report and supporting Deed documents; Letter of Owner Authorization; and Operational Statement required for CUP application e) The City will handle coordination with residences adjacent to new treatment site regarding aesthetic impacts, and construction activities. f) Our fee assumes that no SJVAPCD permitting will be required. Part 3: Con struction Document Phase A. DRAFT FINAL (90%) DESIGN 7 1. 60% submittal review meeting with City 2. Address Design Development Phase review comments 3. Prepare draft final plans, including the same sheets listed in the previous phase. 4. Prepare draft final technical specifications 5. Incorporate City up-front contract documents 6. Prepare draft final cost opinions 7. Submit draft final plans, specifications and estimate 8. Internal QA/QC review prior to submittal B. FINAL (100%) PLANS, SPECIFICATIONS AND ESTIMATES 1. 90% submittal review meeting with City 2. Address draft final review comments 3. Prepare final plans 4. Prepare final technical specifications 5. Prepare final opinion of probable construction costs 6. Submit final plans, specifications and estimate 7. Internal QA/QC review prior to submittal C. BUILDING & SAFETY DEPARTMENT PLANCHECK 1. Submit four full-size plan sets and two sets of structural calculations for Building & Safety Department Plan check 2. Complete back check process to obtain Building & Safety Department approval 3. Obtain FMFCD plan approval and signatures Assumptions: a) The contractor will prepare and implement Storm Water Pollution Prevention Plan and Dust Control Plan if required Part 4: Bidding Phase Not included with this proposal, Provost & Pritchard will provide under separate contract. Part 5: Construction Phase Not included with this proposal, Provost & Pritchard will provide under separate contract. Part 6: Planning Grant Assistance A Project Management 1. Assist City staff with Grant Project management and administration 2. Prepare and maintain design and construction schedule for the Grant Manager 3. Attend site visits with Grant Manager (assumed 2 site visits) 4. Photo monitoring of the site (assumed 3 site visits) B. General Compliance Requirements 1. Submit GPS data for project sites 2. Submit Geotracker/GAMA system data C. Technical Advisory Committee 8 1. Assist the City with creating a Technical Advisory Committee 2. Attend kickoff meeting at the City with the committee and prepare Draft summary memo for the City to review and submit to the grant manager 3. Attend additional committee meetings at the City as required (assumed 2 meetings) D. Feasibility Study Report 1. It is assumed that the Feasibility Study submitted in May of 2018 by Provost & Pritchard will fulfill this requirement of the grant. No grant assistance provided by Provost & Pritchard is assumed for this subtask E. Public Outreach 1. Assist the City with developing outreach materials by providing project photos, graphics, and data on the progress of the project (assumed 3 maps or schematics will be developed and delivered in electronic format) 2. Assist the City with conducting a public workshop. Provost & Pritchard will attend a public work shop meeting held at the city. Provost & Pritchard will prepare an agenda, sign in sheets, and summary of the meeting including photos of the workshop. F. Reporting Assistance 1. Provost & Pritchard will assist the City in providing information needed to submit the reports required by the grant: i. Assumed 6 quarterly reports ii. Assumed 2 "As Needed Information Reports" as requested by the Grant Manager iii. Final Project Report and Summary Assumptions: a) The City will take the lead role in complying with the grant requirements and Provost & Pritchard will assist the City as identified in the above scope of services. SPECIFIC EXCLUSIONS The following engineering services are specifically excluded from the scope of services but may be provided if requested by the City and following adjustment to this Scope of Services and corresponding fee estimate: 1. Support of any services related to litigation including, but not limited to, expert witness services, responding to subpoenas, participating in depositions, and testifying at trial. 2. Legal descriptions and exhibits 3. Applying for plan amendment, rezoning, or code variances 4. Geotechnical investigations and reports 5. Construction staking 6. Services associated with property acquisition 7. Preparation of dust control plans and storm water pollution prevention plans 9 8. Payment of agency plan check and permit fees 9. Payment of fees for outside laboratory, equipment, and testing services 1 O. Potholing and utility locating services 11. Environmental permit ting assistance 12. Hydraulic modeling and/or surge analysis 13. Traffic control plans 14.Preparation of water treatment Operations Plan and Hazardous Materials Business Plan 15. Contractor prequalification 16. Construction management and inspection '• ESTIMATED FEE SUMMARY We will perform these services on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate without additional authorization. Five Well Sites Fee Estimate Task Estimated Fee Task 1 -Schematic Design $101,000 Task 2 -Design Development $228,000 Task 3 -Construction Documents $288,000 Task 4 -Bidding Phase (not included with this proposal) - Task 5 -Construction Phase (not included with this proposal) - Task 6 -Planning Grant Assistance $60,000 Total Estimated Fee: $677,000 10 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1792 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL LIMA, Finance Director/City Controller Finance Department BY:PHILLIP HARDCASTLE, Principal Accountant - Debt Administration Finance Department SUBJECT TEFRA HEARING -To hear and consider information concerning the proposed issuance of Revenue Bonds by California Municipal Finance Authority (CMFA)for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens 1.***RESOLUTION -Approving the issuance by the CMFA of Multifamily Housing Revenue Bonds,Series 2019 (HumanGood)in an aggregate principal not to exceed $195 million for the purpose of financing and refinancing the acquisition,construction,furnishing and equipping of The Terraces at San Joaquin Gardens and certain other matters relating thereto (Subject to Mayor’s veto). RECOMMENDATION Staff recommends that the Council first hold a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing and then,upon conclusion,adopt the accompanying Resolution approving the issuance of the Revenue Bonds by CMFA on behalf of HumanGood,HumanGood NorCal, HumanGood Fresno,Redwood Senior Homes and Services and Westminster Gardens (collectively, Borrower),in the aggregate principal amount not to exceed $195 million,of which a principal amount not to exceed $18 million will be for The Terraces at San Joaquin Gardens (Project). EXECUTIVE SUMMARY The Borrower is seeking to obtain financing and refinancing for the acquisition,construction, furnishing and equipping of the Project,with an amount of not to exceed $18 million for The Terraces at San Joaquin Gardens,located at 5555 North Fresno Street.The new tax exempt bonds will be issued by CMFA.As a jurisdiction in which the facilities are located,the City Council must hold a public hearing in accordance with Section 147(f)of the Internal Revenue Code,for the purpose of receiving any public testimony regarding the projects before it considers authorizing CMFA to issue obligations for such purposes. Should the City authorize the issuance of Bonds,the City would have no obligation or liability City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1792 Agenda Date:6/13/2019 Agenda #: associated with these facilities or with these obligations. BACKGROUND The City has received a request by CMFA to hold a public hearing regarding a proposed Revenue Bonds (Bonds)issuance for the purpose of financing and refinancing of the acquisition,construction, furnishing and equipping of The Terraces at San Joaquin Gardens continuing care facility located at 5555 North Fresno Street in Fresno.The new tax exempt Bonds will be issued by CMFA,in an amount not to exceed $195 million,with an amount not to exceed $18 million to be used for the Project.Upon conclusion of the public hearing,the City is then requested to authorize CMFA to proceed with the issuance of the Bonds. The Borrower is a non-profit public benefit corporation providing continuing care for seniors. Proceeds from the $195 million bond issuance will be used to refund existing bonds,fund expenses and reserve funds associated with the issuance,and financing or reimbursing the cost of remodeling, renovating,furnishing and equipping of certain of the Borrower’s continuing care communities located in several jurisdictions throughout the state of California, including in the City of Fresno, In order to initiate such a financing under TEFRA requirements,the City in which the proposed facilities are located must (1)conduct a public hearing and (2)approve CMFA issuance of indebtedness.Therefore,although CMFA will be the issuer of the Bonds for the Borrower,the financing cannot proceed without the City of Fresno's approval of the financings.This hearing was noticed in the Fresno Bee on June 5,2019.No written testimony regarding this proposed bond issuance has been received as of this date of this hearing. ENVIRONMENTAL FINDINGS This item is not a project of the City of Fresno and as such,for purposes of this hearing,the California Environmental Quality Act requirements are not applicable. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT The City has no obligation or liability associated with the requested financing.The Bonds will not constitute indebtedness or obligation of,and will not involve a pledge of the good faith and credit of the City.The Bonds will be limited obligations of the Issuer payable only from loan repayments to be made to the Issuer from certain funds and accounts established by or pursuant to the bond indenture (s) under which the Obligations will be issued. Attachment:Resolution City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ RESOLUTION 2019- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRRESNO, CALIFORNIA, APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2019 (HUMANGOOD) IN AN AGGREGATE PRINCIPAL NOT TO · EXCEED $180,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF THE TERRACES AT SAN JOAQUIN GARDENS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, HumanGood, HumanGood NorCal (formerly known as American Baptist Homes of the West), HumanGood SoCal (formerly known as Southern California Presbyterian Homes), HumanGood Fresno (formerly known as The Terraces at San Joaquin Gardens), Redwood Senior Homes and Services and Westminster Gardens, each a California nonprofit public benefit corporation (collectively, the "Corporation'), has requested that the California Municipal Finance Authority (the "Authority') issue bonds in one or more series in an aggregate principal amount not to exceed $180,000,000 (the "Bonds'), the proceeds of which will be used, among other things, (a) in a principal amount not to exceed $65,000,000, to refund all or a portion of the outstanding $77,805,000 original principal amount California Statewide Communities Development Authority Senior Living Revenue Bonds, Series 2009 (Southern California Presbyterian Homes) (the "Series 2009 Bonds"), (b) in a principal amount not to exceed $95,000,000, to refund all or a portion of the outstanding $106,580,000 original principal amount California Statewide Communities Development Authority Revenue Bonds, 1 of 5 Date Adopted: Date Approved: Effective Date: City Attorney Approval : ~--+-+---+-- Resolution No . --- Series 2010 (American Baptist Homes of the West) (the "Series 2010 Bonds'l (c) in a principal amount not to exceed $35,000,000, to finance or reimburse the cost of remodeling, renovating, furnishing and equipping certain of the Corporation's continuing care communities located in several jurisdictions throughout the state of California, including in the City of Fresno, (d) to pay a portion of the interest on the Bonds, if deemed necessary or advisable by the Authority or the Corporation, (e) to provide working capital to the Corporation, if deemed necessary or advisable by the Authority or the Corporation, (f) to fund a debt service reserve fund, if deemed necessary or advisable by the Authority or the Corporation, and (g) to pay certain expenses incurred in connection with the issuance of the Bonds ; and WHEREAS, a portion of the proceeds of the Bonds in a principal amount not to exceed $18,000,000 will be used to finance or refinance expenditures at the following continuing care community owned and operated by the Corporation and located in the City of Fresno (the "City1} The Terraces at San Joaquin Gardens located at 5555 North Fresno Street, Fresno, California 93710 (the "Community'); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code'), the issuance of the Bonds by the Authority must be approved by the City because the Community is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "Council') is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and 2 of 5 WHEREAS, the Council understands that its actions in holding the public hearing and in adopting this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds and said City Council expressly conditions its approval of the issuance of the Bonds by the Authority by the adoption of this Resolution on that understanding; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the ''Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds , and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fresno, State of California as follows: Section 1. The Council accepts the above recitals as true and correct. Section 2. The Council hereby approves the issuance of the Bonds by the Authority for the purpose of financing and refinancing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority for the purposes of (a) Section 147(f) of the Code by the 3 of 5 applicable elected representative of the governmental unit having jurisdiction over the area in which the Community is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3 . The officers of the City Council are hereby authorized and directed , jointly and severally, to do any and all things and to execute and deliver any and all documents , certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. Section 4 . The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or other costs associated with the Authority's issuance of the Bonds . Section 5. This Resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fresno held on this 131h day of June, 2019, by the following vote : 4 of 5 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 , 2019 . AYES NOES ABSENT ABSTAIN Mayor Approval : , 2019 Mayor Approval/No Return : _____________ , 2019 Mayor Veto : , 2019 Council Override Vote: , 2019 APPROVED AS TO FORM : DOUGLAS T. SLOAN City Attorney By : ____________ _ JOHN HASTRUP Date Deputy City Attorney 5 of 5 YVONNE SPENCE, CMG City Clerk By : _______ _ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1770 Agenda Date:6/13/2019 Agenda #: PRESENTATION TO THE CITY COUNCIL June 13, 2019 Essay on Fresno; Homelessness by Kahlan Fitzcharles City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1807 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:TJ MILLER, Interim Director Parks, After School, Recreation and Community Services Department BY:KRISTINA CHAMBERLIN, Assistant Director Parks, After School, Recreation and Community Services Department SUBJECT WORKSHOP - Update regarding Proposition 68 California State-wide Grant Opportunities for Quigley Park, Radio Park and new park development at Orangewood and Church Avenue EXECUTIVE SUMMARY On May 16, 2019, the City Council authorized staff to pursue three grant opportunities through the California State-wide Park & Water Bond, Proposition 68. The identified projects include: Remaster Plan of Quigley Park [District 1]; Improvements to Radio Park [District 7]; and new park development at Orangewood and Church Avenue [District 5]. Staff is providing to the City Council, a general update and verbal presentation of the information and feedback received through community outreach efforts for each of the projects. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1826 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 27, 2019 SUBJECT Appearance by Gary Doesekle to discuss the homeless issues by the Convention Center. (Speaker resides in District 4) City of Fresno Printed on 3/16/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer / Assistant Director Public Works Department SUBJECT HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees);Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1.Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8)and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2.***RESOLUTION -551st Amendment to the Master Fee Schedule Resolution No.80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3.RESOLUTION -Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1),Finding that Failure to Impose the Increased Fire Impact Fee on New Development,Including Approved Vesting Tentative Maps,Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. RECOMMENDATIONS Staff recommends the Council: 1.Adopt a Finding of Statutory Exemption pursuant to Public Resources Code Section 21080(b) (8)and Section 15273 of the California Environmental Quality Act (CEQA)Guidelines for the impact fee update. 2.Adopts the 551st Amendment to the Master Fee Schedule Resolution No.80-420 to increase Fire Impact Fees,including the acceptance and adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program. 3.Adopts findings pursuant to Government Code Sections 65961 and 66498.1(c)(1),that a failure to impose the Fire Impact Fee on new development,including approved vesting tentative maps,would place future and existing residents in a condition dangerous to their City of Fresno Printed on 3/17/2023Page 1 of 7 powered by Legistar™ File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: tentative maps,would place future and existing residents in a condition dangerous to their health and safety. EXECUTIVE SUMMARY The current Fire Impact Fee is not generating adequate revenue to fund construction of new fire stations.The current fee was based on a Nexus Study that was prepared in 2016.The Fire Department has identified the need for fire stations and other facilities that were either not included in the 2016 study or were not adequately funded in the 2016 study.The existing fees also did not consider the soft costs for design,construction inspection,and furnishing the stations.Staff is recommending increasing the fees as shown in the following table: Fire Impact Fee Existing Fee Recommended Fee Single Family (per home)$779 $1,853 Multifamily (per unit)$588 $1,429 Retail (per 1,000 sq. ft.)$272 $662 Office (per 1,000 sq. ft.)$311 $757 Industrial (per 1,000 sq. ft.)$156 $379 Adoption of findings pursuant to Government Code Section 65961 and 66498.1(c)(1)will mandate that all new construction pays the newly adopted (higher)fee.Without Council adoption of findings pursuant to Government Code Section 65961 and 66498.1(c)(1)many Vested Subdivision Maps will continue to pay the lower fees for all new homes built in the development,due to vesting protections against new or increased fees. The increased fees will be effective 60 days after the adoption. BACKGROUND The City of Fresno Fire Department has identified three areas of the City where developments that have been proposed will create conditions where they will not be able to meet the National Fire Protection Association’s standard for response time to calls-for-service without construction of new fire stations.The most pressing need is within the service area of Fire Station No.18.The current temporary station is located on Bullard Avenue east of Grantland Avenue.The station is essentially a home with a large garage for a single fire engine.This station has always been considered a temporary facility.Many new residential developments have been proposed in the Fire Station No. 18 service area.The Fire Department has studied the response time in this area,and determined that a new station must be built before new homes are occupied. Two additional fire stations need to be built in the next five years,if development continues to occur in the service areas for these stations.Existing Station No.10 is located on the north side of the Fresno Air Terminal.Many new homes are being proposed on the east side of the City,between Shields Avenue and State Route 180 in the service area for Station No.10.The Fire Department has been able to consistently meet the response times required by the National Fire Protection Association and has determined that they can serve more homes.However,their projections are that with current growth rates,they will not be able to meet the response times in approximately 2022 without a new station.Property for a new station has been acquired on the southwest corner of Clinton Avenue and Armstrong Avenue.Design work for the new station needs to begin soon to have City of Fresno Printed on 3/17/2023Page 2 of 7 powered by Legistar™ File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: the construction completed by 2022. The service area for Fire Station No.7 is also impacted by new development.Station No.7 responds to calls in the industrial part of the City near State Route 99 and North Avenue.There has been substantial new growth by businesses including Amazon and Ulta.Conditions for this station are similar to Station No.10 in that the Fire Department is currently meeting the response time requirement,but if new growth continues they will not be able to meet that condition in the near future.A new station needs to be added near Cherry Avenue and Central Avenue to better serve this area. An increased Fire Facility Fee is necessary to fund these new stations.The current fee is based on stations costing approximately $3.5 million to construct.Recent cost estimates are substantially higher.The current fee assumed an average total project cost per new station of $4.97 million,while the full cost of new stations is now estimated to over $7 million for Station No.18 and $9.4 million for future stations.This is based on the architect’s estimate for Fire Station No.18 and the actual bids for the recently awarded construction contract for the Southeast Police Substation.The low bid for the Police substation was $6,550,890.Total costs for the police substation with staff time and land acquisition were in addition to the bid amount and exceeded $7 million. The updated Nexus Study also includes increased financing costs in the fee calculations.The 2016 Nexus study anticipated that the City would borrow 50%of the money needed to buy land and build the new fire stations.The remainder of the cost would be pay-as-you-go and would not be financed. The new Nexus Study assumes that all of the land would be purchased without financing costs.The design work would also be from impact fee funds that were previously collected and not borrowed. Financing would be used to pay for 70%of the future construction costs,fire apparatus and equipment.The remaining cost (30%)would be from previously collected impact fee revenue on a pay-as-you-go basis. The City used bond proceeds to remodel and build several of the existing stations.The City borrowed approximately $20 million in 2010.The total payoff is over $43m with an annual debt service payment of $1.4 million.The last payment will be in 2039.Some of the bond proceeds were used on improvements and equipment that were not related to new growth,so only 49%of the annual payment is made with impact fee revenue,as set forth in previous Fire impact fee nexus studies.The payment amount varies slightly from year to year but the annual Impact Fee responsibility is around $745,300.In past years,the impact fee revenue has not been adequate to make the bond payment. The revenue generated this year exceeds the payment amount. The Development Impact Fee structure was changed in 2005 from an Urban Growth Management Fee (UGM)to a Citywide Impact Fee.The old UGM fee had service areas for eleven future fire stations.The UGM fee amounts paid by new development varied depending on the location of the service area.There are still some old vested maps that were filed before 2005 and are still paying the much lower UGM fee. Revenue from the current Citywide and UGM Fire Facilities Fee for the last five years is show in the table below: Fiscal Year Citywide Fee Revenue UGM Fee Revenue 2019 $911,384 $10,064 2018 $650,170 $18,371 2017 $656,017 $8,699 2016 $527,737 $18,904 2015 $513,219 $31,328 2014 $578,236 $26,278 2013 $662,976 City of Fresno Printed on 3/17/2023Page 3 of 7 powered by Legistar™ File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: Fiscal Year Citywide Fee Revenue UGM Fee Revenue 2019 $911,384 $10,064 2018 $650,170 $18,371 2017 $656,017 $8,699 2016 $527,737 $18,904 2015 $513,219 $31,328 2014 $578,236 $26,278 2013 $662,976 Staff is recommending that the Fire Facility Fee be increased as shown in the table below: Existing Fee Proposed Fee Single Family Residential $779 $1,893 Multi-Family Residential $588 $1,429 Office fee per 1,000 sq. ft. of building $311 $662 Retail fee per 1,000 sq. ft. of building $272 $757 Industrial fee per 1,000 sq. ft. of building $156 $379 The City retained Economic &Planning Systems (EPS)to evaluate the existing Nexus Study and prepare an updated study that would generate adequate revenue to provide fire service to all the new development that is envisioned in the General Plan.The steps that are used to determine the fee amount are shown below: 1.Identify the capital costs to be funded by the fee program. 2.Identify the service population and employees for residential and nonresidential uses, respectively in the buildout horizon year of 2035. 3.Using the number of Calls for Service,determine the distribution of service calls between residential and nonresidential uses. 4.Divide the number of calls per employee by the number of calls per resident to determine the resident equivalent factor. 5.Estimate the residential and nonresidential persons served in 2035. 6.Allocate the capital costs to the estimated 2035 population to determine the cost per resident. 7.Divide the residential costs by the estimated 2035 population to determine the cost per resident.Divide the nonresidential costs by the estimated 2035 employees to determine the cost per employee. 8.Multiply the cost per person by the persons per household for each residential use and by employees per 1,000 building square feet for the office, retail and industrial categories. CAPITAL IMPROVEMENT PROGRAM The City currently has staff at twenty fire stations (includes the Old Fig Garden Station).Four of the stations are planned to be replaced before 2035. The stations that are to be replaced are: Stations to be Replaced Station Location Station 6 Gettysburg & Rowell Station 10 Westover & Aircorp Way Station 12 Marks & Acacia Station 18 Bullard & Grantland City of Fresno Printed on 3/17/2023Page 4 of 7 powered by Legistar™ File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: Stations to be Replaced Station Location Station 6 Gettysburg & Rowell Station 10 Westover & Aircorp Way Station 12 Marks & Acacia Station 18 Bullard & Grantland Several of the existing stations are scheduled to be expanded to accommodate more staff,trucks, and other equipment.Remodeling and general maintenance of stations is not an allowable use of impact fee revenue.However,expansions needed for population growth is an eligible use of impact fee revenue. The stations that are planned to be expanded are listed below: Stations to be Expanded Station Location Station 2 West & Fir Station 5 Fresno & Shields Station 7 Cherry & Jensen Station 8 Cedar & Butler Station 9 Clinton & Fruit Station 15 Clovis & Park Circle Drive Station 19 Belmont & Marks The Capital Plan also includes eleven new stations.The locations shown are approximate.The actual locations will depend on where population growth and new housing occurs.The Nexus Study includes the cost to build the new stations,purchase the land,and equip the stations with trucks,and engines. The new stations are shown below: New Stations Station General Area Station 21 Belmont & Van Ness Station 22 North & Chestnut Station 23 Church & Fruit Station 24 Herndon & Brawley Station 25 McKinley & DeWolf Station 26 California & Temperance Station 27 Teague & Chestnut Station 28 Champlain & Friant Station 29 Barstow & Brawley Station 30 Dakota & Brawley Station 31 Central & Cherry The Capital plan also includes funds for a new training facility and a new shop for equipment maintenance. For additional information on the planned facilities, see Table 9 in the Nexus Study. PUBLIC HEALTH AND SAFETY FINDINGS Most residential developments process vesting tentative maps and some commercial/industrial City of Fresno Printed on 3/17/2023Page 5 of 7 powered by Legistar™ File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: Most residential developments process vesting tentative maps and some commercial/industrial developments also process vesting tentative parcel maps.The Subdivision Map Act provides that when a local agency approves or conditionally approves a vesting tentative map,that approval shall confer a vested right to proceed with development is substantial compliance with the ordinances, policies,and standards in effect at the time that the map was filed.Approval of the Public Health and Safety Findings is needed so that all of the new homes built on lots that were created with vested maps prior to the approval of the updated fee will pay the newly adopted fee.The Fire Department has determined that the construction of new homes within the existing vested map developments will result in fire response times that exceed the National Fire Protection Association’s standard for response times to calls-for-service,and will place residents of those subdivisions in a condition that is dangerous to their health or safety, or both. The City needs to construct three new fire stations.The construction of the new stations will be delayed without the additional revenue from the homes built in the vested map developments.City staff recommends approval of the Public Health and Safety Findings to allow construction of the new stations to be built before the new homes put additional demands on the Fire Department that result in not meeting the National Fire Protection Association’s standard for response time to calls-for- service. SUMMARY OF NEXUS FINDINGS After considering the Nexus Studies for the fee updates,the facility standards,the cost of facilities, supporting documents,the 2035 General Plan,all correspondence received and any public testimony received during the public hearing held on June 13,2019 (“the Record”),the City Council approves and adopts the Public Review Draft for the 2019 Fire and Impact Fee Nexus Study Update which is provided as an attachment to the staff report. The Council makes the following findings: 1.PURPOSE OF THE FEES:The Record demonstrates the purposes of the proposed impact fees to be updated.The Citywide Fire Facilities Fee program will fund the new fire facilities, vehicles and equipment necessary to serve new residential and non-residential development in the City.New development in the City will increase the service population and,therefore, the need for new fire capital improvements to adequately serve the new residents and employees. 2.USE OF FEES:The Record demonstrates how each proposed fee to be updated will be used. Fire fee revenue will be used to construct new development’s proportionate share of fire stations and equipment.It will also be used to plan for and design fire facilities and fund the studies and administration needed to support the programs.In addition,the Fire Facilities Fees will be used to repay outstanding debt service attributable to future development resulting from the 2008 Lease Revenue Bond sales. 3.RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT:The Record demonstrates the direct and cumulative impacts of new development upon existing infrastructure and facilities.The development of new residential and non-residential land uses in the City will generate the need for additional fire personnel,facilities,vehicles and equipment.The Fire Fee revenue will be used to construct and expand facilities and to acquire vehicles and equipment needed to serve new residents and employees. 4.RELATIONSHIP BETWEEN NEED FOR FACILITY AND TYPE OF PROJECT:The RecordCity of Fresno Printed on 3/17/2023Page 6 of 7 powered by Legistar™ File #:ID19-1748 Agenda Date:6/13/2019 Agenda #: 4.RELATIONSHIP BETWEEN NEED FOR FACILITY AND TYPE OF PROJECT:The Record demonstrates the demand generated by new development for each type of infrastructure or facility.Each new residential and non-residential development project will generate additional demand for fire services and personnel.Additional personnel will be housed in future fire and stations,requiring support vehicles and equipment to serve additional demand generated by new residents and employees. 5.RELATIONSHIP BETWEEN AMOUNT OF FEES AND COST OF OR PORTIONS OF FACILITY ATTRIBUTED TO DEVELOPMENT ON WHICH FEE IS IMPOSED:The Record demonstrates the City’s 2035 General Plan and associated MEIR identified improvements necessary to serve new development.The costs of fire facilities,vehicles and equipment needed to serve new development were split between residential and non-residential uses based on service call activity.Using this split,fire costs per resident and costs per employee were estimated.These costs were converted to costs per dwelling unit and per thousand square feet of non-residential buildings,using an appropriate common use factor for each land use.For each land use,the base Fire Fees are equal to the allocated cost per dwelling unit or per thousand square feet of non-residential building space. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of the impact fee update and has determined that it falls within the Statutory Exemption set forth in CEQA Guidelines Section 15273. LOCAL PREFERENCE Not applicable for adjustment of development impact fees. FISCAL IMPACT The proposed Fire Impact Fee adjustment will bear directly on the financing and construction of future fire stations.The current fee will not generate sufficient revenues in the near term to construct Fire Station 18,which is the station which needs to be built immediately.If the required public health and safety findings are not made relating to application of the fee to current vesting tentative maps, several major development projects may be delayed having a significant impact on development. Attachments: Presentation Materials: Summary of Fee Adjustments 2019 Fire Impact Fee Programs Nexus Study Update CEQA Finding of Statutory Exemption Resolution - 551st Amendment to the Master Fee Schedule Resolution - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1) City of Fresno Printed on 3/17/2023Page 7 of 7 powered by Legistar™ Economic & Planning Systems, Inc. T h e E c o n o m i c s o f L a n d U s e 400 Capitol Mall, 28th Floor n Sacramento, CA 95814 916.649.8010 n www.epsys.com FIRE FACILITIES IMPACT FEE UPDATE City of Fresno June 13, 2019 Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 1 PRESENTATION PURPOSE AND OVERVIEW Fire Facilities Fee Update –Prior update completed in 2016 –Calibrate impact fee levels to actual costs –Mitigate barriers to new development associated with facility delivery Impact Fee Overview and Process Proposed Updated Fees Key Changes and Cost Drivers Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 2 IMPACT FEE OVERVIEW AND PROCESS What is an impact fee? Mitigation Fee Act (AB1600) Scope of Nexus Study Update –Demographic and Land Use Analysis –Capital Facilities Analysis –Project List and Cost Estimates –Cost Allocation –Fee Calculation –Technical Report Establishing Legal Nexus between New Development and the Proposed Fees Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 3 MITIGATION FEE ACT LEGAL REQUIREMENTS REQUIRED FINDINGS UNDER AB1600 Identify the purpose of the fee. Identify how the fee is to be used. Determine how a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed. Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. Demonstrate a reasonable relationship between the amount of the fee and the cost of public facility or portion of public facility attributable to development on which the fee is imposed. Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 4 IMPACT FEE COMPARISON Land Use Category Current Fee Proposed Fee % Change Residential per dwelling unit Single-Family $779 $1,893 143% Multifamily $588 $1,429 143% Nonresidential per 1,000 bldg. sq. ft. Retail $272 $662 144% Office $311 $757 143% Industrial $156 $379 143% Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 5 Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 6 KEY CHANGES AND COST DRIVERS Source: City of Fresno Fire Department. Key Cost Drivers Current Impact Fee Proposed Update Land Acquisition $265,000 per acre $200,000 - $300,000 per acre Station Construction Costs $490 per building square foot $630 per building square foot Site Improvement Costs Assumed included above $300,000 per acre Soft Costs Assumed included above 25% of construction costs Apparatus and Equipment 62 vehicles 100 vehicles Financing Costs 50% of station construction costs 70% of station construction, site improvement, and apparatus costs Other Factors 6 new stations 11 new stations Additional Facilities Included 1 station to be expanded 11 stations to be expanded Station Expansion Costs Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 7 PROPOSED IMPACT FEES Land Use Category Base Fee 2% Admin Total Fee Residential per dwelling unit Single-Family $1,856 $37 $1,893 Multifamily $1,401 $28 $1,429 Nonresidential per 1,000 bldg. sq. ft. Retail $649 $13 $662 Office $742 $15 $757 Industrial $371 $7 $379 Pub Fir Ne Prepa City Prepa Econ May EPS blic Rev re Impa exus St ared for: of Fresno ared by: omic & Plan 2019 #182126 view Dra act Fee tudy Up ning System aft Repo e Progr pdate ms, Inc. (EPS ort ram S) Table of Contents 1. EXECUTIVE SUMMARY ............................................................................................ 1 Overview ................................................................................................................. 1 Purpose ................................................................................................................... 1 Proposed Update to the Fire Fees ................................................................................ 2 Report Organization .................................................................................................. 5 2. SERVICE POPULATION AND EMPLOYEES AND DEVELOPMENT ASSUMPTIONS ............................... 6 Existing and Future Population and Employment ........................................................... 6 Development Assumptions ......................................................................................... 9 3. CAPITAL IMPROVEMENT PROGRAM ............................................................................ 12 Overview ............................................................................................................... 12 Fire CIP ................................................................................................................. 12 4. COST ALLOCATION .............................................................................................. 20 Introduction ........................................................................................................... 20 FFD Capital Costs Allocation ..................................................................................... 20 Administration ........................................................................................................ 23 5. IMPLEMENTATION ............................................................................................... 24 Applicability of Fee Program ..................................................................................... 24 Fee Exemptions ...................................................................................................... 24 Fee Credits or Adjustments ...................................................................................... 25 Reimbursement to Developers .................................................................................. 25 Periodic Inflation Adjustment and Fee Review ............................................................. 26 Fee Administration .................................................................................................. 26 Five-Year Review .................................................................................................... 26 6. AB 1600 NEXUS FINDINGS ................................................................................... 27 Authority ............................................................................................................... 27 Summary of Nexus Findings ..................................................................................... 27 Appendices: Appendix A: Fire Facilities and Apparatus Bond Financing Appendix B: Fresno Fire Department Service Call Activity List of Tables and Map Table 1 Summary of Proposed Fire Fees ..................................................................... 3 Table 2 Comparison of Existing and Proposed Fire Fees ................................................ 4 Table 3 Summary of Growth Projections .................................................................... 7 Table 4 Detailed Population and Employment Projections ........................................... 10 Table 5 Key Demographic Assumptions .................................................................... 11 Table 6 Summary of Fire Capital Improvement Program ............................................ 13 Table 7 Existing Fire Facilities ................................................................................. 15 Table 8 Existing Fire Apparatus and Equipment ......................................................... 16 Table 9 Planned Fire Facilities ................................................................................. 17 Table 10 Planned Fire Apparatus and Equipment ......................................................... 19 Table 11 Fire Improvements Cost per Resident/Employee ............................................ 21 Table 12 Fire Improvements Cost Allocation ............................................................... 22 Map 1 Fresno Planning Area .................................................................................... 8 Economic & Planning Systems, Inc. 1 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 1. EXECUTIVE SUMMARY Overview Economic & Planning Systems, Inc. (EPS) has been retained by the City of Fresno (City) to prepare this 2019 Fire Impact Fee Program Nexus Study Update (2019 Nexus Study Update). This report provides an update to the Fire Facilities Development Impact Fees (Fire Fees) established in the 2016 Fire and Police Impact Fee Programs Nexus Study Update (2016 Study). The 2016 Study included both Fire Fees and Police Facilities Development Impact Fees (Police Fees) that were based on the City General Plan growth projections through 2035 as well as on the Fire and Police Capital Improvement Plans (CIPs) provided by the Fresno Fire Department (FFD) and Fresno Police Department (FPD) that detailed the planned capital costs through 2035. Since the approval of the 2016 Study, the City has reviewed the Fire CIP costs used to derive the Fire Fees in that study and found that the fire station construction cost estimates are substantially lower than recent bids for similar facilities. In addition, to facilitate the timely construction of fire stations to serve new development, the City determined that additional bond funding would be needed over the level included in the 2016 Study, resulting in increased associated bond financing costs included in the Fire Fee Program. Without increasing both construction and bond financing costs, adequate funding will not be available to construct stations when needed to serve new development. The City has therefore retained EPS to prepare this 2019 Nexus Study Update to serve as the basis for updating the existing Fire Fees to reflect updated cost estimates. While the 2016 Study included both the Fire Fees and Police Fees, this 2019 Nexus Study Update updates only the Fire Fees. Additionally, there have been no changes to the analyzed land use and population assumptions detailed in the 2016 Study. This report details the calculation of the new Fire Fees and provides the legal justification for updating the Fire Fees. Purpose The purpose of this 2019 Nexus Study Update is to update the Fire Fees and establish the legally required nexus (or reasonable relationship) between the City’s projected population and employment (service population) in 2035 and the fire facilities that will be required to serve those residents and employees. The nexus requirements for imposing development impact fees were established under Assembly Bill 1600 (AB 1600) legislation, as codified by the Mitigation Fee Act (California Government Code section 66000 et. seq.). This section of the Mitigation Fee Act sets forth the procedural requirements for establishing and collecting development impact fees. These procedures require that “a reasonable relationship, or nexus, must exist between a governmental exaction and the purpose of the condition.” Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 2 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Specifically, each local agency imposing a fee must perform the following tasks: Identify the purpose of the fee. Identify how the fee is to be used. Determine how a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed. Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. Demonstrate a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to development on which the fee is imposed. Proposed Update to the Fire Fees The proposed update to the Fire Fees is based on the allocation of the updated Fire CIP costs to the projected City population and employment in the General Plan Horizon year of 2035. The CIP costs include both the value of existing facilities and the estimated costs of new facilities. The total facilities costs are allocated to the total projected residents and employees in 2035. This cost allocation serves as the basis for updating the estimated Fire Fees charged to new development. The Fire Fee to be collected for each residential and commercial land use is calculated based on each land use’s relative demand for fire services. The Fire Fees will not fund construction of capital facility improvements required to cure existing level-of-service deficiencies. Table 1 summarizes the proposed fees by land use. The fees are collected per dwelling unit for residential uses and per 1,000 building square feet for nonresidential uses. The fees include a base amount and a 2-percent administrative component for the City to administer the fee program. Table 2 compares the existing and proposed Fire Fees. The proposed Fire Fees reflect an increase for all land uses. The increase in the Fire Fee rates is primarily due to increased fire station construction costs and increased bond financing costs included in the Fire Fee Program. DRAFT Table 1 Fresno Fire Impact Fee Program Update Summary of Proposed Fire Fees Item Base Fee Admin. Total 2.0% Source Table 12 Residential Single-Family $1,856 $37 $1,893 Multifamily $1,401 $28 $1,429 Nonresidential Retail $649 $13 $662 Office $742 $15 $757 Industrial $371 $7 $379 summ_fee Source: City of Fresno and EPS per dwelling unit per 1,000 bldg. sq. ft. Fire Fee Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 3 DRAFT Table 2 Fresno Fire Impact Fee Program Update Comparison of Existing and Proposed Fire Fees Proposed Fee [1] Existing Fee [1] Difference Percentage Difference Residential Single-Family $1,893 $779 $1,114 143% Multifamily $1,429 $588 $841 143% Nonresidential Retail $662 $272 $390 144% Office $757 $311 $446 143% Industrial $379 $156 $223 143% fee comp Source: City of Fresno and EPS [1] Includes 2% administration fee. per 1,000 bldg. sq. ft. per dwelling unit Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 4 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 5 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Report Organization This report is divided into six chapters and two appendices: Chapter 1 includes this introduction and executive summary. Chapter 2 details the estimated population and employment projections. Chapter 3 describes the FFD CIP, capital needs, and costs to be funded by the Fire Fee Program. Chapter 4 provides the cost allocation methodology and calculates the Fire Fees. Chapter 5 describes how the Fire Fee Program will be implemented and updated. Chapter 6 provides the nexus findings for the Fire Fee Program. Appendix A details the estimated financing costs for fire facilities construction. Appendix B contains the detailed FFD service call activity data. Economic & Planning Systems, Inc. 6 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 2. SERVICE POPULATION AND EMPLOYEES AND DEVELOPMENT ASSUMPTIONS Population and employment projections are a significant variable used in this 2019 Nexus Study Update. The base Fire Fees are established by allocating the costs of the facilities and equipment needed to serve the City in 2035 to the total projected residents and employees in 2035, estimating cost factors per resident and per employee, and then using these factors to estimate fees to charge to new development. This chapter presents population and employment estimates for 2014 and 2035, as well as population and employment density factors used to establish the fees for the various land uses. All estimates and factors in this chapter are unchanged from the 2016 Study.1 Existing and Future Population and Employment Table 3 summarizes the population and employment estimates for 2014 and 2035 and estimates the growth between 2014 and 2035. The FFD serves the incorporated City and unincorporated areas fully enclosed in the City, which are referred to as “County Islands.” Projected growth in the FFD service area through 2035 will occur in the following three areas: 1. Existing incorporated areas. 2. County Islands. 3. Unincorporated areas located beyond the City limits in the Sphere of Influence (SOI). Map 1 is from the current Fresno General Plan and shows the entire Fresno Planning Area, including the City, County Island, and SOI boundaries. A key growth assumption in this report is that all development that occurs in the County Islands and other unincorporated areas within the boundaries of the Fresno SOI will annex into the City by 2035. In 2035, the FFD is projected to serve 771,000 residents and 266,000 employees. 1 The 2014 population and employment estimates are used only to estimate the annual service calls per resident and employee, an important component of the cost allocation methodology (detailed in Chapter 4). It is assumed that the calls per resident and employee have not substantially changed in the last 5 years, so it was unnecessary to update the population, employee, and service call estimates to 2019 values. DRAFT Table 3 Fresno Fire Impact Fee Program Update Summary of Growth Projections (2014-2035) [1] Item Fresno SOI Fire Service Area [2] [3] Population Existing (2014) 562,819 555,609 Projected (2035) [4] 771,000 771,000 Projected Growth 208,181 215,391 Employment Existing (2014) 179,963 177,590 Projected (2035) [4] 266,363 266,363 Projected Growth 86,400 88,773 lu sum Source: City of Fresno and EPS [1] See Table 4 for detail. [2] Fresno SOI includes incorporated City, County Islands, and other unincorporated areas outside the City boundaries. [3] Fire Service Area includes incorporated City and County Islands. [4] It is assumed that all unincorporated areas with new growth will annex by 2035. Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 7 Downtown Planning Area BRT Corridors Outside Downtown Planning Area Established Neighborhoods South of Shaw Established Neighborhoods North of Shaw South Industrial Area Established Neighborhoods DA-1 North DA-1 South DA-2 North DA-2 South DA-3 Southeast DA-4 East DA-4 West Development Areas 180 41 99 168 180 99 41 Figure I-3: Residential Capacity Allocation 0 2 4 MILES 11/2 Planning Area Boundary Sphere of Influence City Limits Railroad lines Airports DA-1 North DA-4 West DA-1 South DA-3 DA-4 East DA-2 South DA-2 North South Industrial Downtown Established Neighborhoods South of Shaw Established Neighborhoods South of Shaw Established Neighborhoods North of Shaw Source: City of FresnoSan J o a quin Riv e r Note: The Corridor along Shaw Avenue is to be supported by enhanced bus service. SHAW AVE SHAW AVE HERNDON AVE HERNDON AVE BLACKSTONE AVEWILLOW AVEASHLAN AVE SHIELDS AVE MCKINLEY AVE CEDAR AVESHIELDS AVESHIELDS AVE MCKINLEY AVE KINGS CANYON RD HIGHLAND AVEKINGS CANYON RD OLIVE AVE OLIVE AVE BUTLER AVE JENSEN AVE NORTH AVENORTH AVE JENSEN AVE KEARNEY BLVD BELMONT AVE BELMONT AVE BULLARD AVE NEES AVE SHEPHERD AVE GRANTLAND AVEGARFIELD AVEBLYTHE AVEBLYTHE AVEBRAWLEY AVEMARKS AVECLINTON AVEBRAWLEY AVEPOLK AVEMARKS AVEWEST AVEPALM AVEWE B E R AV E GO LD E N S T A T E B L V D FRES N O STWALNUT AVEFIG AVECENTRAL AVE AMERICAN AVE PEACH AVECEDAR AVECHESTNUT AVECHESTNUT AVECLOVIS AVECLOVIS AVEFOWLER AVETEMPERANCE AVEJENSEN AVETEMPERANCE AVEFIRST STFIRST STBLACKSTONE AVEFRESNO STGOLD EN S T A T E B L VDH S T VAN NESS AVEBARSTOW AVE F R IANT R D CALIFORNIA AVE FRUIT AVEDE WOLFE AVECOPPER AVE F T W ASHINGTON RDFIRST STASHLAN AVE FOWLER AVEMAROA AVECHURCH AVE ANNADALE ELM AVECHERRY AVEEAST AVEORANGE AVEMAPLE AVEWILLOW AVEFRUIT AVEWEST AVEHUGHES AVECLINTON AVE CLINTON AVE DAKOTA AVEVAN NESS AVEALLUVIAL AVE BEHYMER AVE PERRIN AVE TEAGUE AVE GETTYSBURG AVEGETTYSBURG AVEVETERANS AUDU B O N DR BRYAN AVEHAYES AVECORNELIA AVEVALENTINE AVECHESTNUT AVETULARE AVE MCKINLEY AVE BULLARD AVE WHITESBRIDGE AVE MAPLE AVEFresno Yosemite International Airport California State University Fresno Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) F IGARDEN DRMap 1 Fresno Planning Area 8 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 9 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Table 4 provides the details of the estimated 2014 and projected 2035 population and employment for the Fire service area. This table includes a detailed accounting of the sources of the population and employment data, which are summarized below: Fresno General Plan Fiscal Impact Analysis (January 3, 2014). Map Atlas Fresno Existing Conditions Report (August 2011). Population data from the California Department of Finance (DOF). Employment data from the California Employment Development Department (EDD). City General Plan. Note that the government and education employment estimates are deducted from the total employment estimates because public uses will not pay development impact fees. Development Assumptions The Fire Fee is assessed on several subcategories of new residential and nonresidential development. The fee rates are established by allocating costs to residents and employees, establishing a cost per resident and a cost per employee, and then using density factors to convert those costs to fees per dwelling unit or 1,000 nonresidential building square feet. Table 5 shows the population and employment density assumptions used to establish the proposed Fire Fee for each residential and nonresidential development category. For the residential land uses, persons-per-dwelling-unit factors are used in the fee calculations. For the nonresidential land uses, building-square-feet-per-employee factors are used in the fee calculations. DRAFT Table 4 Fresno Fire Impact Fee Program Update Detailed Population and Employment Projections (2014-2035) Item Existing 2035 Growth Existing 2035 Growth Population Incorporated City 515,609 771,000 255,391 515,609 771,000 255,391 County "Islands" Located In City 40,000 0 (40,000) 40,000 0 (40,000) Other Unincorporated Areas Outside City 7,210 0 (7,210) 0 0 0 TOTAL 562,819 771,000 208,181 555,609 771,000 215,391 Employment Incorporated City 206,000 332,954 126,954 206,000 332,954 126,954 County "Islands" Located In City 15,988 0 (15,988) 15,988 0 (15,988) Other Unincorporated Areas Outside City 2,966 0 (2,966) 0 0 0 Subtotal 224,954 332,954 108,000 221,988 332,954 110,966 Less: Government and Education (approx. 20%) (44,991) (66,591) (21,600) (44,398) (66,591) (22,193) TOTAL 179,963 266,363 86,400 177,590 266,363 88,773 lu Sources of Data: Population City Existing Population: California Department of Finance (1/1/14) Total Existing Population: Fresno General Plan Fiscal Impact Analysis (1/3/14) 2035 Projected Population: Fresno General Plan (12/18/14) County Islands Existing Population: Map Atlas Fresno Existing Conditions Report (August 2011) Other Unincorporated Areas Outside City Population: Total planning area population less City and County Islands population. Employment Total Existing Employment: Fresno General Plan Fiscal Impact Analysis (1/3/14) Growth Employment: Fresno General Plan (108,000: 50,000 retail, 32,500 office, 25,500: other) + uninc. Area employment assumed to incorporate by 2035. City Existing Employment: California Employment Development Department (EDD) - 2014 Average County Islands Employment: same ratio of employment to population as for whole Fresno planning area. Other Unincorporated Areas Outside City Employment: Total planning area employment less City and County Islands employment 2035 Employment: Existing plus growth employment. Government and Education Employment (existing, growth, and 2035) estimated as follows: 1) County education and government employees as percentage of total County employment obtained from EDD data (Jan. 2015) 2) Percentage from previous step multiplied by total employment Assumes all County Islands and other unincorporated areas outside the City will annex by 2035. The General Plan states that all unincorporated area in the planning area is expected to eventually annex (page 1-13). Fresno SOI Fire Service Area Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 10 DRAFT Table 5 Fresno Fire Impact Fee Program Update Key Demographic Assumptions Item Factor Persons per Household Single-Family 3.14 Multifamily 2.37 Building Square Feet per Employee Retail 400 Office 350 Industrial 700 assump Sources: Persons per Household: American Community Survey 2013 Sq. Ft. per Employee: 2012 Fresno Fiscal Impact Analysis (EPS) Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 11 Economic & Planning Systems, Inc. 12 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 3. CAPITAL IMPROVEMENT PROGRAM Overview The City provides fire services through an existing portfolio of stations, vehicles, and equipment. Anticipated citywide development occurring through 2035 requires construction of new stations and procurement of additional vehicles and equipment so that the FFD can continue to provide timely responses to calls for medical, fire, and other emergencies. Planned facility needs are determined by the FFD based on response time requirements. The City General Plan includes an urban growth standard that requires new development to be located within a four-minute response service area of a fire station. This chapter details the costs of all existing and planned improvements included in the Fire CIP provided by the FFD. Table 6 summarizes the CIP costs. Replacement costs are estimated for existing facilities, vehicles, and equipment. Some of the existing improvements were funded through bond financing, and the associated remaining financing costs are included in the existing improvements cost estimates. Inventories of planned facilities, vehicles, and equipment needed to serve development through 2035 were provided by the FFD, and cost estimates were developed for all improvements. It is assumed that all future fire stations, other facilities, and vehicles will be partially funded through bond financing. The associated financing costs are estimated and included in the planned improvements cost estimates. All costs in this 2019 Nexus Study Update are expressed in 2019 dollars and are based on the best available cost estimates at this time. If costs change significantly, or if other funding sources become available, the cost estimates and fees will be adjusted accordingly. The City periodically will conduct a review of improvement costs and will make necessary adjustments to the fee. Fire CIP Summary Table 6 summarizes the existing and planned Fire CIP improvements and associated costs. The total cost estimate of $524.8 million includes approximately $176.3 million for existing improvements and $348.5 million for future improvements. These costs include the costs of existing and planned facilities, apparatus, and equipment, as well as the associated financing costs for bond-funded facilities and apparatus. The financing costs for both existing and future bond debt service are detailed in Appendix A and summarized below Currently, bonds have been issued to fund $17.6 million of existing facilities. The Fire Fee Program revenues will be used to pay 49 percent of the associated debt service, and the City General Fund will be used to pay the remaining 51 percent. This percentage split is based on a deficiency analysis conducted as part of the 2005 Fire & Police Facilities Impact Fees Nexus Study. Consistent with the percentage split identified above, 49 percent of the remaining financing costs for existing debt service are included in the Fire Fee Program costs. DRAFT Table 6 Fresno Fire Impact Fee Program Update Summary of Fire Capital Improvement Program (2019 $) Item Source Fire Facilities Existing Improvements Facilities Table 7 $135,916,725 Apparatus and Equipment Table 8 $36,851,400 Financing Cost Table A-1 $3,570,000 Total $176,338,125 Planned Improvements Facilities Table 9 $231,693,175 Apparatus and Equipment Table 10 $25,073,600 Financing Cost Table A-2 $91,700,000 Total $348,466,775 Total Improvements Facilities $367,609,900 Apparatus and Equipment $61,925,000 Financing Cost $95,270,000 Total $524,804,900 sum cost Source: Fresno Fire Department and EPS Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 13 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 14 Y:\Projects\SAC\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx For all future facility construction and apparatus, excluding Station 18, it is assumed that 70 percent of the costs will be bond funded and that all of the associated financing costs will be funded by the Fire Fees. The bond funded construction costs include site improvement and parking, building construction, and soft costs. Future facility land acquisition costs are not assumed to be bond funded. Construction of Station 18 is being fund through City sources. Half of the construction costs are being funded by an internal loan and the other half are being funded through the General Fund. The internal loan will be approximately $3.5 million and will be repaid with interest using future impact fee revenue. The financing costs (interest payments) associated with the internal loan are included in the Fire Fee Program costs. Existing Improvements Facilities Table 7 details the existing FFD facilities and associated costs. The FFD currently operates out of the headquarters facility, 20 existing fire stations, a maintenance facility, and a training facility. However, the maintenance (shop) facility, training facility, and four stations are planned for replacement with new buildings by 2035. The costs of these facilities slated for replacement are excluded from Table 7 because the estimated costs of the new replacement facilities are included in the total planned facilities cost (see Table 9). It is assumed that the existing facilities to be replaced will be sold and that the revenue generated will be used to offset the cost of existing deficiencies and to help fund the portion of facilities needed by the existing population. The existing facility cost estimates include both land acquisition and construction costs. The land acquisition costs are estimated at $200,000 per acre for all fire stations and $300,000 per acre for the Headquarters facility. The construction cost estimate includes the following components: Site improvement and parking cost of $300,000 per acre. Building construction cost of $630 per building square foot based on recent bids received by the City and a review of fire station construction costs in areas comparable to Fresno. Allowance of 25 percent for soft costs. Apparatus and Equipment Table 8 details the existing FFD apparatus and equipment and associated costs. As shown on this table, the FFD has a number of different types of vehicles, including fire engines, trucks and sports utility vehicles, water tenders, and other specialized vehicles. Additionally, the FFD provides sets of personal protective equipment for all firefighters. The number of equipment sets shown on Table 8 is based on the number of FFD sworn officers in 2018. All unit costs in this table were provided by the FFD. DRAFTTable 7Fresno Fire Impact Fee Program UpdateExisting Fire Facilities (2019 $)Item Location AcresCostper AcreCostper Acre ValueSq. Ft.Cost perSq. Ft. [1] ValueSoftCostsFormulaAB C=A*B D E=A*DFGH=F*GI=E+HJ=I*25% K=I+JC+KPlanned to RemainHeadquarters Tulare & H Street 2.43 $300,000$729,000$300,000 $729,000 22,000 $630 $13,860,000$14,589,000$3,647,250$18,236,250 $18,965,250Station 1Jackson & Hammond 0.83 $200,000$166,000$300,000 $249,000 7,625 $630 $4,803,750$5,052,750$1,263,188$6,315,938 $6,481,938Station 2West & Fir0.44 $200,000$88,000$300,000 $132,000 5,700 $630 $3,591,000$3,723,000$930,750$4,653,750 $4,741,750Station 3 Fresno & E Street 0.34 $300,000$102,000$300,000 $102,000 12,550 $630 $7,906,500$8,008,500$2,002,125$10,010,625 $10,112,625Station 4 First & Tulare 0.47 $200,000$94,000$300,000 $141,000 14,360 $630 $9,046,800$9,187,800$2,296,950$11,484,750 $11,578,750Station 5 Fresno & Shields 0.61 $200,000$122,000$300,000 $183,000 5,280 $630 $3,326,400$3,509,400$877,350$4,386,750 $4,508,750Station 7 Cherry & Jensen 1.10 $200,000$220,000$300,000 $330,000 5,915 $630 $3,726,450$4,056,450$1,014,113$5,070,563 $5,290,563Station 8 Cedar & Butler0.40 $200,000$80,000$300,000 $120,000 6,956 $630 $4,382,280$4,502,280$1,125,570$5,627,850 $5,707,850Station 9 Clinton & Fruit 0.73 $200,000$146,000$300,000 $219,000 7,625 $630 $4,803,750$5,022,750$1,255,688$6,278,438 $6,424,438Station 11 Fresno & Wrenwood 0.67 $200,000$134,000$300,000 $201,000 12,400 $630 $7,812,000$8,013,000$2,003,250$10,016,250 $10,150,250Station 13 Millbrook & Nees 0.70 $200,000$140,000$300,000 $210,000 7,300 $630 $4,599,000$4,809,000$1,202,250$6,011,250 $6,151,250Station 14 Polk & Escalon 0.92 $200,000$184,000$300,000 $276,000 9,263 $630 $5,835,690$6,111,690$1,527,923$7,639,613 $7,823,613Station 15 Clovis & Park Cir Dr. 1.00 $200,000$200,000$300,000 $300,000 9,698 $630 $6,109,740$6,409,740$1,602,435$8,012,175 $8,212,175Station 16 Clinton & Polk 0.92 $200,000$184,000$300,000 $276,000 9,698 $630 $6,109,740$6,385,740$1,596,435$7,982,175 $8,166,175Station 17 Maple & International 1.10 $200,000$220,000$300,000 $330,000 9,698 $630 $6,109,740$6,439,740$1,609,935$8,049,675 $8,269,675Station 19 Belmont & Marks 0.83 $200,000$166,000$300,000 $249,000 9,698 $630 $6,109,740$6,358,740$1,589,685$7,948,425 $8,114,425Station 20 Gettysburg & Wishon 0.50 $200,000$100,000$300,000 $150,000 6,260 $630 $3,943,800$4,093,800$1,023,450$5,117,250 $5,217,250Total 11.56 $3,075,000$4,197,000 162,026$102,076,380 $106,273,380 $26,568,345 $132,841,725 $135,916,725Planned to Be Replaced [2]Shop FacilityFresno & E Street1.04Training FacilityFresno & E Street0.70Station 6Gettysburg & Rowell 0.39Station 10 Westover & Aircorp Way1.00Station 12 Marks & Acacia 0.34Station 18 Bullard & Grantland 0.41Total 3.88$0TOTAL$135,916,725CIP_fire1Source: Fresno Fire Department[1] Cost per building square foot based on costs for recently constructed public safety buildings.[2] These facilities are planned for replacement by 2035 with permanent buildings. Therefore, they are excluded from the list of existing facilities.Subtotal StructureValueTOTALREPLACEMENTVALUEExisting Fire FacilitiesExcluded [2]Excluded [2]Site Imp. & ParkingLAND ACQUISITION CONSTRUCTIONBuildingTotal StructureValueExcluded [2]Total LandValuePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx15 DRAFTTable 8Fresno Fire Impact Fee Program UpdateExisting Fire Apparatus and Equipment (2019 $)Replacement TotalItemNumberCostCostEngines24$800,000 $19,200,000Fire Trucks7$1,400,000 $9,800,000Patrol Rigs2$175,000 $350,000Breathing Support Super Vac1$250,000 $250,000Brush Rigs2$350,000 $700,000Decon Hazmat Trailer1$500,000 $500,000Water Tenders2$425,000 $850,000Super Vacs2$525,000 $1,050,000SUVs/Trucks15$90,000 $1,350,000COMM/Command Unit1$500,000 $500,000Personal Equipment311$7,400 $2,301,400TOTAL$36,851,400CIP_fire2Source: Fresno Fire DepartmentExisting Fire Apparatus and EquipmentPrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx16 DRAFTTable 9Fresno Fire Impact Fee Program UpdatePlanned Fire Facilities (2019 $)Item LocationImprovement TypeAcresCostper AcreTotal LandValueCostper Acre ValueSq. Ft.Cost perSq. Ft. [1] ValueSoftCostsFormulaAB C=A*B D E=A*DFG H=F*G I=E+HJ=I*25% K=I+JC+KNew and ReplacementShop Facility Undetermined Replacement 5.00 $200,000$1,000,000$300,000 $1,500,000 40,000 $630 $25,200,000$26,700,000$6,675,000$33,375,000$34,375,000Training FacilityUndetermined Replacement 5.00 $200,000$1,000,000$300,000 $1,500,000 40,000 $630 $25,200,000$26,700,000$6,675,000$33,375,000$34,375,000Station 2West & FirExpansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 5Fresno & Shields Expansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 6Gettysburg & Rowell Replacement 1.50 $200,000$300,000$300,000 $450,000 9,600 $630 $6,048,000$6,498,000$1,624,500$8,122,500$8,422,500Station 7Cherry & Jensen Expansion - $200,000$0$300,000 $0 4,000 $690 $2,760,000$2,760,000$690,000$3,450,000$3,450,000Station 8Cedar & Butler Expansion - $200,000$0$300,000 $0 4,000 $690 $2,760,000$2,760,000$690,000$3,450,000$3,450,000Station 9Clinton & Fruit Expansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 10 Clinton & Armstrong Replacement 1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 12 Marks & Acacia Replacement 1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 15 Clovis & Park Cir Dr. Expansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 18 Shaw & Bryan Replacement 1.84 $200,000$368,000$300,000 $552,000 10,678 $630 $6,727,140$7,279,140$1,819,785$9,098,925$9,466,925Station 19 Belmont & Marks Expansion - $200,000$0$300,000 $0 4,000 $690 $2,760,000$2,760,000$690,000$3,450,000$3,450,000Station 21Belmont & Van NessNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 22 North & Chestnut New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 23 Church & Fruit New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 24 Herndon & BrawleyNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 25 McKinley & DeWolfNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 26 Calif. & Temperance New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 27 Teague & Chestnut New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 28 Champlain & Friant New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 29 Barstow & BrawleyNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 30 Dakota & BrawleyNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 31 Central & CherryNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250TOTAL$6,568,000$9,852,000 267,778$170,248,140 $180,100,140 $45,025,035 $225,125,175 $231,693,175CIP_fire3Source: Fresno Fire Department and EPS.[1] Cost per building square foot based on costs for recently constructed public safety buildings.Planned Fire FacilitiesSite Imp. & ParkingLAND ACQUISITIONCONSTRUCTIONTOTALVALUEBuildingSubtotal StructureValueTotal StructureValuePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx17 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 18 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Planned Improvements Facilities Table 9 details the future planned FFD facilities and associated costs needed to provide adequate service to the City’s residents and employees through the General Plan buildout horizon year of 2035. The planned facilities include eleven new fire stations, the replacement of four existing stations, the replacement of the shop and training facilities, and the expansion of seven existing fire stations. The estimated facilities costs include both land acquisition and construction costs. The land acquisition cost per acre is estimated at $200,000 per acre for all new and replacement facilities. Expanded facilities do not require land acquisition. The construction cost estimates for new and replacement facilities are the same as those detailed above for existing facilities. For expanded facilities, a slightly higher building construction cost of $690 per square foot is assumed. Apparatus and Equipment Table 10 details the additional FFD apparatus and equipment, and associated costs, needed to provide adequate service to the City’s residents and employees through the General Plan buildout horizon year of 2035. This apparatus and equipment include eleven fire engines, 6 fire trucks, 15 trucks and sports utility vehicles, several other specialized vehicles, and 314 personal equipment sets. The number of additional personal equipment sets needed is based on the General Plan standard of 0.81 firefighters per 1,000 residents. The planned apparatus and equipment unit costs were provided by the FFD. DRAFTTable 10Fresno Fire Impact Fee Program UpdatePlanned Fire Apparatus and Equipment (2019 $)UnitTotalItemNumberCostCostEngines11$800,000 $8,800,000Fire Trucks6 $1,400,000 $8,400,000Patrol Rigs2$175,000 $350,000Breathing Support Super Vac1$250,000 $250,000Brush Rigs2$350,000 $700,000Decon Hazmat Trailer1$500,000 $500,000Water Tenders2$425,000 $850,000Super Vacs2$525,000 $1,050,000SUVs/Trucks15$90,000 $1,350,000COMM/Command Unit1$500,000 $500,000Personal Equipment [1]314$7,400 $2,323,600TOTAL$25,073,600CIP_fire4Source: Fresno Fire Department[1] Equipment for future sworn safety members (total in 2035-current, assuming 0.81 firefighters per 1,000 residents). See Table 8 for number of current officers.Planned Fire Apparatus and EquipmentPrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx19 Economic & Planning Systems, Inc. 20 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 4. COST ALLOCATION Introduction The Fire Fees are estimated by allocating the FFD capital costs (detailed in the previous chapter) to the various land uses based on each land use’s relative demand for fire services. The general process outlined below is used to allocate costs: Emergency call activity is used to estimate the relative demand for FFD services and to allocate capital costs to residents and employees. This allocation is used to establish a cost per resident and a cost per employee. For each residential land use, the cost per resident is converted to a cost per dwelling unit using average persons per household assumptions. For each nonresidential land use, the cost per employee is converted to a cost per thousand building square feet using average square feet per employee assumptions. The costs per dwelling unit and per thousand building square feet are equivalent to the base fees by land use. In addition, the City charges an administration fee to administer the fee program. This methodology provides an appropriate estimate of the relative impact each land use has on the public safety system. The resulting fees are summarized in Table 1 in Chapter 1 of this 2019 Nexus Study Update. FFD Capital Costs Allocation Table 11 details the allocation of FFD service calls to residents and employees and the resulting estimated FFD cost per resident and cost per employee. Table 12 details the methodology used to convert the FFD cost per resident and cost per employee to costs per dwelling unit and thousand building square feet by land use. As summarized in the introduction of this chapter, emergency call activity was used to estimate each land use’s relative demand for fire services. FFD capital costs were allocated to the various land uses based on this relative demand. The specific steps in allocating the FFD capital costs are outlined below: Please refer to Appendix B for call activity detail referenced in Step 3. Please refer to Table 11 for Steps 3 through 7. Please refer to Tables 12 for Step 8. DRAFTTable 11Fresno Fire Impact Fee Program UpdateFire Improvements Cost per Resident/Employee (2019 $)ItemFormula Residential Nonresidential TotalAnnual Calls for Service [1]A29,6514,16633,8172014 Service Area Residents and Employees [2]B555,609 177,590733,199Calls per Resident or EmployeeC = A / B/1,0000.050.02Allocation Factor [3]D = C / Residential C1.000.442035 Residents/Employees [2]E771,000 266,3631,037,3632035 Persons ServedF=D*E771,000 117,090888,090Percentage Distribution of Persons ServedG87%13%100%Total Costs [4]H=G*Total Cost$455,611,894 $69,193,006$524,804,900Cost per Resident/EmployeeH / E$591$260firepolSource: City of Fresno and EPS[1] See Table B-1.[2] See Table 3.[3] The allocation factor accounts for the relative impact of an employee as compared to that of a resident. [4] See Table 6 for total costs.Prepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx21 DRAFTTable 12Fresno Fire Impact Fee Program UpdateFire Improvements Cost Allocation (2019 $)ItemCost perPersonPersonsper UnitBldg. Sq. Ft.per EmployeeEmployees per1,000 Bldg. Sq. Ft.Cost per Unit/1,000 Bldg. Sq. Ft.[1] [2] [2]FormulaF = E / AGHI = 1000 / HF * G orF * IResidentialSingle-Family $591 3.14 - - $1,856Multifamily $591 2.37 - - $1,401Subtotal ResidentialNonresidentialRetail$260- 4002.50$649Office$260- 3502.86$742Industrial$260- 7001.43$371Subtotal Nonresidentialfire_allocSource: EPS[1] See Table 11.[2] See Table 5.Prepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx22 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 23 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 1. Identify the capital costs to be funded by the Fire Fee Program, as detailed in Chapter 3. 2. Identify the service population and employees for residential and nonresidential uses, respectively in the buildout horizon year of 2035, as detailed in Chapter 2. 3. Using the calls for service data provided by the FFD, determine the distribution of service calls between residential and nonresidential uses (see Table B-1 through Table B-3). Then estimate the number of calls per resident or employee. 4. Divide the number of calls per employee by the number of calls per resident (both from Step 3) to determine the resident equivalent factor (shown in Tables 11 as “Allocation Factor”) for nonresidential uses. This factor is used to estimate the relative impact of an employee as compared to a resident. 5. Estimate residential and nonresidential persons served in 2035. For residential uses, the number of persons served equals the estimated 2035 population. For nonresidential uses, the number of persons served equals the estimated 2035 employees multiplied by the Allocation Factor from Step 4. 6. Allocate the capital costs from Step 1 to residential and nonresidential uses based on the percentage distribution of the estimated persons served from Step 5. 7. Divide the residential costs from step 6 by the estimated 2035 population from Step 2 to determine a cost per resident. Divide the nonresidential costs from Step 6 by the estimated 2035 employees from Step 2 to determine a cost per employee. 8. Multiply the cost per person from Step 7 by persons per household for each residential use and by employees per 1,000 building square feet for each nonresidential use. The result will be the base fee per residential dwelling unit and per thousand nonresidential building square feet. Administration In addition to the base Fire Fee for each developable land use, the City charges a fee to administer the Fire Fee Program. The administration fee charged per residential dwelling unit and thousand nonresidential building square feet is 2 percent of the base fee. Economic & Planning Systems, Inc. 24 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 5. IMPLEMENTATION The Fire Fees presented in this 2019 Nexus Study Update are based on the best cost estimates and land use information available at this time. If costs, development projections, or funding sources other than development impact fees change significantly, the fees should be adjusted accordingly. The proposed updated Fire Fee schedule must be adopted by the City Council. The updated fees will be effective 60 days following final action on the adoption of this 2019 Nexus Study Update, the ordinance authorizing collection of the updated Fire Fees, and the fee resolution establishing the updated fees. The City should conduct periodic reviews of the estimated development, costs, and associated funding sources. Based on these reviews, the City should make necessary adjustments to the fee. Each year the City should apply an appropriate inflation adjustment factor to the fee to reflect changes in construction costs. Applicability of Fee Program Once the updated Fire Fee Program takes effect, the updated Fire Fees will be collected from all new residential and nonresidential development within the boundary of the City prior to building permit issuance. The fee is based on the covered square footage of the structure(s), which would include living/habitable area, garages, covered patios, carports, etc. The term “new development” as used in this 2019 Nexus Study Update includes the covered building square footage of additions and/or modifications to existing development as long as the addition/modifications increase the existing structure by more than 500 square feet. Fee Exemptions The following types of development are specifically exempt from the Fire Fee Program: All public agencies, including federal and state agencies, public school districts, and the City, unless other arrangements or agreements are established with the City. Any internal or external alternation or modification to existing residential and nonresidential buildings when no change in use occurs and the square footage increase is 500 square feet or less. Any replacement or reconstruction of any structure that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity, or act of God. If the building replaced or reconstructed exceeds the documented total floor area of the damaged/destroyed building, the excess square footage is subject to the fire protection fee. Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 25 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx If a structure has been vacant for more than one year, no exemption or credit shall apply. If a structure is replaced with an alternative land use, such as replacing a single family home with a commercial building, no exemption shall apply. Residential accessory structures that do not increase covered building square footage such as open decks and pools. With written approval from the FFD, any or all of the Fire Fees may be waived if the City determines that a proposed project will not impact the need for fire improvements for which the fee is being collected. Written fee waivers may be available on a case-by-case basis for certain agricultural facilities, temporary structures (including temporary mobile homes), or other facilities that are determined to have no impact on the need for fire improvements identified in the Fire Fee Program. Fee Credits or Adjustments The purpose of the Fire Fee Program is to provide funds to construct/acquire new fire protection improvements. Although it is not currently anticipated that developers will construct/acquire fire protection improvements included in the fee program (other than Station 18), should this occur, the developers may enter into a fee credit and reimbursement agreement with the City. Reimbursement to Developers In the event a developer or developers do construct/acquire any fire protection improvements included in the Fire Fee Program, fee credits and reimbursements will be provided under the following conditions. Developer-installed/acquired improvements shall be considered for credits and/or reimbursements. Only funds collected from the Fire Fee Program shall be used to reimburse a developer who installed eligible facility improvements or acquired eligible equipment identified in the CIP. The value of any developer-installed/acquired improvement for fee credit or reimbursement purposes shall be based upon the lesser of the actual costs or the cost estimates (as updated) used to establish the amount of the Fire Fees. The use of accumulated fee revenues shall be used in the following priority order: (1) critical projects, (2) repayment of inter-fund loans, and (3) repayment of accrued reimbursement to private developers. A project is deemed to be a “critical project” when failure to complete the project prohibits further development within the City. Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 26 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Periodic Inflation Adjustment and Fee Review The Fire Fee schedule should be adjusted annually to account for the inflation of construction and land acquisition costs. It is recommended that the Fire Fees be adjusted on July 1 of each year beginning on July 1, 2020. The adjustment will be based on the percentage change in the 20- City Construction Cost Index (CCI) as reported in the Engineering News Record (ENR) for the 12- month period ending in May of the year of the adjustment. In addition, the Fire Fees are subject to periodic adjustment based on changes in developable land, cost estimates, or other funding sources. The City should review the Fire Fees periodically to determine if any of the following adjustments to the fees are warranted: Changes to the required facilities or equipment listed in the CIPs. Changes in the cost to update or administer the fee. Changes in costs because of inflation. Changes in assumed development. Changes in other funding sources. Any proposed changes to the Fire Fees based on the periodic review must be presented to City Council prior to any adjustment of the fee. Fee Administration Consistent with the current programs, the Fire Fees will be collected from new development within the City at the time of building permit issuance; however, use of these funds may need to wait until a sufficient fund balance can be accrued. Per Government Code Section 66006, the City is required to deposit, invest, account for, and expend the fee in a prescribed manner. Five-Year Review By the fifth fiscal year following the first deposit into the Fire Fee account or fund, and every five years thereafter, the City is required to make all of the following findings with respect to that portion of the account or fund remaining unexpended: Identify the purpose of the fee. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. Identify all sources and amounts of funding anticipated to complete financing for incomplete fire protection improvements. Designate the approximate dates that the funding referred to above is expected to be deposited in the appropriate account or fund. The City must refund the unexpended or uncommitted revenue portion for which a need could not be demonstrated in the above findings, unless the administrative costs exceed the amount of the refund. Economic & Planning Systems, Inc. 27 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 6. AB 1600 NEXUS FINDINGS Authority This report has been prepared to update the Fire Fees in accordance with the procedural guidelines established in AB 1600, which is codified in California Government Section 66000 et. seq. This code section sets forth the procedural requirements for establishing and collecting development impact fees. The procedures require that a “reasonable relationship or nexus must exist between a governmental exaction and the purpose of the condition.”2 Specifically, each local agency imposing a fee must: Identify the purpose of the fee. Identify how the fee is to be used. Determine how a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed. Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. Demonstrate a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. Summary of Nexus Findings The development impact fees to be collected for each land use are calculated based on the proportionate share of the total facility use that each land use represents. With this approach, the following findings are made concerning the City’s Fire Fee Program. Purpose of Fee The Fire Fee Program updated through this 2019 Nexus Study Update will fund the new fire facilities, vehicles, and equipment necessary to serve new residential and nonresidential development in the City. New development in the City will increase the service population and, therefore, the need for new fire capital improvements to adequately serve the new residents and employees. Use of Fees Fire Fee revenue will be used to construct new development’s proportionate share of fire buildings and equipment, as well as to acquire fire vehicles and equipment necessitated by new development. It also will be used to plan for and design fire facilities and fund the studies and administration needed to support the programs. 2 Public Needs & Private Dollars; William Abbott, Marian E. Moe, and Marilee Hanson, page 109. Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 28 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Relationship between Use of Fees and Type of Development The development of new residential and nonresidential land uses in the City will generate the need for additional fire personnel, facilities, vehicles, and equipment. The Fire Fee revenue will be used to construct and expand facilities and to acquire vehicles and equipment needed to serve new residents and employees. Relationship between Need for Facility and Type of Project Each new residential and nonresidential development project will generate additional demand for fire services and personnel. Additional personnel will be housed in future fire stations and require support vehicles and equipment to serve additional demand generated by new residents and employees. Relationship between Amount of Fees and Cost of or Portion of Facility Attributed to Development on which Fee is Imposed The costs of fire facilities, vehicles, and equipment needed to serve new development were split between residential and nonresidential uses based on service call activity. Using this split, fire costs per resident and costs per employee were estimated. These costs were converted to costs per dwelling unit and thousand nonresidential building square feet by land use using an appropriate common use factor for each land use. The common use factor for each residential land use is the number of persons per household. The common use factor for each nonresidential land use is the number of employees per thousand building square feet. For each land use, the base Fire Fee is equal to the allocated cost per dwelling unit or thousand nonresidential building square feet. Append Append A dix A: dix B: APPENDIC Fire Fac Bond Fin Fresno F Service CES: ilities an nancing Fire Depa Call Acti nd Appar artment ivity atus FFire Facil Table A-1 Table A-2 Table A-3 Table A-4 Table A-5 A lities and Debt Se Debt Se Planned Station Debt Se Planned Future APPENDIX d Appara ervice and F ervice and F d Fire Faciliti 18 Debt Se ervice and F d Fire Faciliti Facilities and X A: atus Bond inancing Cos inancing Cos ies and Appa rvice and Fin inancing Cos ies and Appa d Apparatus d Financ sts–Existing st Summary aratus ........ nancing Cost st Detail— aratus (2 pag Schedule ... cing Fire Facilitie — .................. t Detail ....... ges) ........... .................. es .... .A-1 ........ A-2 ........ A-3 ........ A-4 ........ A-6 DRAFT Table A-1 Fresno Fire Impact Fee Program Update Debt Service and Financing Costs - Existing Fire Facilities Item Formula Facilities Total Existing Bond Size $19,895,000 Land Acquisition and Construction Proceeds $17,560,000 Facility Cost Percent of Total Bond Size A 88.26% Present Value of Remaining Debt Service (2020-2039) at 3.00%B $21,678,933 Less Remaining Construction and Land Acquisition Proceeds Land Acquisition and Construction Proceeds C $17,560,000 Less Const. & Land Acq. Proceeds Already Paid (88.26% of principal payments made)D=A*$3.59M ($3,164,242) Subtotal E=C+D $14,395,758 Financing Costs B-E $7,283,176 Financing Costs Funded by Development Impact Fee (Rounded) [1]F*49%$3,570,000 Annual Principal Interest PAYMENT SCHEDULE Year Debt Service Payment Payment Assumption 2010 $1,459,951 $330,000 $1,129,951 Estimated Inflation Factor [2] 3.00% 2011 $1,457,381 $310,000 $1,147,381 Bond Term (Years) 30 2012 $1,458,081 $320,000 $1,138,081 2013 $1,458,481 $330,000 $1,128,481 2014 $1,455,281 $340,000 $1,115,281 2015 $1,456,681 $355,000 $1,101,681 2016 $1,457,481 $370,000 $1,087,481 2017 $1,458,981 $390,000 $1,068,981 2018 $1,459,481 $410,000 $1,049,481 2019 $1,458,981 $430,000 $1,028,981 Subtotal $14,580,782 $3,585,000 $10,995,782 2020 $1,457,481 $450,000 $1,007,481 2021 $1,454,981 $470,000 $984,981 2022 $1,455,894 $495,000 $960,894 2023 $1,459,906 $525,000 $934,906 2024 $1,456,031 $550,000 $906,031 2025 $1,455,094 $580,000 $875,094 2026 $1,456,744 $615,000 $841,744 2027 $1,454,844 $650,000 $804,844 2028 $1,458,406 $695,000 $763,406 2029 $1,459,100 $740,000 $719,100 2030 $1,456,925 $785,000 $671,925 2031 $1,456,881 $835,000 $621,881 2032 $1,458,650 $890,000 $568,650 2033 $1,456,913 $945,000 $511,913 2034 $1,456,669 $1,005,000 $451,669 2035 $1,457,600 $1,070,000 $387,600 2036 $1,459,388 $1,140,000 $319,388 2037 $1,456,713 $1,210,000 $246,713 2038 $1,459,575 $1,290,000 $169,575 2039 $1,457,338 $1,370,000 $87,338 Subtotal $29,145,131 $16,310,000 $12,835,131 Total $43,725,913 $19,895,000 $23,830,913 ex bond1 Source: Fresno Lease Revenue Bonds 2006 Debt Service Schedule for Fire Projects [1] Percentage of financing costs funded by the development impact fee based on a deficiency analysis conducted as part of the 2005 Fire & Police Facilities Impact Fee Nexus Study. [2] Annual fee program inflation is recommended to be based on the annual change in ENR-CCI. This analysis assumes 3.00%. Debt Service Paid Remaining Debt Service Existing Facilities Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-1 DRAFT Table A-2 Fresno Fire Impact Fee Program Update Debt Service and Financing Cost Summary Planned Fire Facilities and Apparatus Item Year Station 18 Loan Bond Financing for Other Facilities Total Source: Table A-3 Table A-4 Present Value of Debt Service $3,614,047 $260,342,661 $263,956,708 Less Principal ($3,500,000) ($168,718,375) ($172,218,375) Financing Costs $114,047 $91,624,286 $91,738,333 Financing Costs (Rounded)$100,000 $91,600,000 $91,700,000 2019 $0 $0 $0 2020 $0 $0 $0 2021 $184,386 $917,343 $1,101,729 2022 $184,386 $1,514,705 $1,699,091 2023 $184,386 $2,018,738 $2,203,124 2024 $184,386 $2,244,065 $2,428,451 2025 $184,386 $2,438,410 $2,622,796 2026 $184,386 $3,035,773 $3,220,159 2027 $184,386 $3,633,136 $3,817,522 2028 $184,386 $4,230,499 $4,414,885 2029 $184,386 $4,827,861 $5,012,248 2030 $184,386 $5,650,552 $5,834,938 2031 $184,386 $6,442,260 $6,626,646 2032 $184,386 $7,039,623 $7,224,009 2033 $184,386 $7,636,985 $7,821,371 2034 $184,386 $9,186,900 $9,371,286 2035 $184,386 $9,784,263 $9,968,649 2036 $184,386 $11,623,494 $11,807,880 2037 $184,386 $12,071,109 $12,255,495 2038 $184,386 $12,490,782 $12,675,168 2039 $184,386 $13,282,490 $13,466,876 2040 $184,386 $13,282,490 $13,466,876 2041 $184,386 $13,282,490 $13,466,876 2042 $184,386 $13,282,490 $13,466,876 2043 $184,386 $13,282,490 $13,466,876 2044 $184,386 $13,282,490 $13,466,876 2045 $184,386 $13,282,490 $13,466,876 2046 $184,386 $13,282,490 $13,466,876 2047 $184,386 $13,282,490 $13,466,876 2048 $184,386 $13,282,490 $13,466,876 2049 $184,386 $13,282,490 $13,466,876 2050 $184,386 $13,282,490 $13,466,876 2051 $0 $12,365,147 $12,365,147 2052 $0 $11,767,784 $11,767,784 2053 $0 $11,263,752 $11,263,752 2054 $0 $11,038,425 $11,038,425 2055 $0 $10,844,080 $10,844,080 2056 $0 $10,246,717 $10,246,717 2057 $0 $9,649,354 $9,649,354 2058 $0 $9,051,991 $9,051,991 2059 $0 $8,454,628 $8,454,628 2060 $0 $7,631,938 $7,631,938 2061 $0 $6,840,230 $6,840,230 2062 $0 $6,242,867 $6,242,867 2063 $0 $5,645,504 $5,645,504 2064 $0 $4,095,590 $4,095,590 2065 $0 $3,498,227 $3,498,227 2066 $0 $1,658,996 $1,658,996 2067 $0 $1,211,380 $1,211,380 2068 $0 $791,708 $791,708 Total $5,531,580 $398,474,692 $404,006,273 bond1 Source: City of Fresno, Fresno Fire Department, and EPS. Financing Costs Debt Service Schedule Debt Service Planned Facilities Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx A-2 DRAFTTable A-3 Fresno Fire Impact Fee Program Update Station 18 Debt Service and Financing Cost Detail Item Station 18 Loan Interest Rate 3.25% Loan Term (Years) 30 Estimated Inflation Factor 3.00% Loan Amount $3,500,000 Annual Debt Service $184,386 First Year 2021 Last Year 2050 Present Value of Debt Service $3,614,047 Less Principal ($3,500,000) Financing Costs $114,047 Year Annual Debt 2019 $0 2020 $0 2021 $184,386 2022 $184,386 2023 $184,386 2024 $184,386 2025 $184,386 2026 $184,386 2027 $184,386 2028 $184,386 2029 $184,386 2030 $184,386 2031 $184,386 2032 $184,386 2033 $184,386 2034 $184,386 2035 $184,386 2036 $184,386 2037 $184,386 2038 $184,386 2039 $184,386 2040 $184,386 2041 $184,386 2042 $184,386 2043 $184,386 2044 $184,386 2045 $184,386 2046 $184,386 2047 $184,386 2048 $184,386 2049 $184,386 2050 $184,386 TOTAL $5,531,580 st 18 Source: City of Fresno, Fresno Fire Department, and EPS. Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-3 DRAFTPage 1 of 2Table A-4Fresno Fire Impact Fee Program UpdateDebt Service and Financing Cost Detail Planned Fire Facilities and ApparatusItemSourceTotalStation 10Training Fac.Phase 1 Station 22 Station 12 Station 7 Station 9 Station 25 Station 31 Station 21 Station 23 Station 26 Station 19 Station 5 Station 30 Station 24Bond Interest Rate5.25%Bond Term (years)30Const. Proceeds Pct.85%Estimated Inflation Factor3.00%Construction ProceedsTable A-5$168,718,375$6,402,375 $5,250,000 $7,587,891 $6,402,375 $2,862,181 $2,468,631 $7,587,891 $7,587,891 $7,587,891 $7,587,891 $7,587,891 $2,862,181 $2,468,631 $7,587,891 $7,587,891Total Bond Size$198,492,206$7,532,206 $6,176,471 $8,926,931 $7,532,206 $3,367,272 $2,904,272 $8,926,931 $8,926,931 $8,926,931 $8,926,931 $8,926,931 $3,367,272 $2,904,272 $8,926,931 $8,926,931Annual Debt Service$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,363First YearTable A-52021 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2030 2031 2031 2032Last Year205020502051205220532054205520562057205820592059206020602061Present Value of Debt Service$260,342,661$9,879,252 $8,101,068 $11,708,576 $9,879,252 $4,416,519 $3,809,248 $11,708,576 $11,708,576 $11,708,576 $11,708,576 $11,708,576 $4,416,519 $3,809,248 $11,708,576 $11,708,576Less Bond Proceeds($168,718,375)($6,402,375) ($5,250,000) ($7,587,891) ($6,402,375) ($2,862,181) ($2,468,631) ($7,587,891) ($7,587,891) ($7,587,891) ($7,587,891) ($7,587,891) ($2,862,181) ($2,468,631) ($7,587,891) ($7,587,891)Financing Costs$91,624,286 $3,476,877 $2,851,068 $4,120,684 $3,476,877 $1,554,338 $1,340,616 $4,120,684 $4,120,684 $4,120,684 $4,120,684 $4,120,684 $1,554,338 $1,340,616 $4,120,684 $4,120,684Year2019$0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02020$0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02021$917,343$504,032 $413,310 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02022$1,514,705$504,032 $413,310 $597,363 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02023$2,018,738$504,032 $413,310 $597,363 $504,032 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02024$2,244,065$504,032 $413,310 $597,363 $504,032 $225,328 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02025$2,438,410$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $0 $0 $0 $0 $0 $0 $0 $0$02026$3,035,773$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $0 $0 $0 $0$0$0$0$02027$3,633,136$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363$0$0$0$0$0$0$02028$4,230,499$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363$0$0$0$0$0$02029$4,827,861$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363$0$0$0$0$02030$5,650,552$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328$0$0$02031$6,442,260$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363$02032$7,039,623$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632033$7,636,985$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632034$9,186,900$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632035$9,784,263$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632036$11,623,494$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632037$12,071,109$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632038$12,490,782$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632039$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632040$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632041$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632042$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632043$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632044$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632045$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632046$13,282,490$504,032$413,310$597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632047$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632048$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632049$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632050$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632051$12,365,147$0$0 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632052$11,767,784$0$0$0 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632053$11,263,752$0$0$0$0 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632054$11,038,425$0$0$0$0$0 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632055$10,844,080$0$0$0$0$0$0 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632056$10,246,717$0$0$0$0$0$0$0 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632057$9,649,354$0$0$0$0$0$0$0$0 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632058$9,051,991$0$0$0$0$0$0$0$0$0 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632059$8,454,628$0$0$0$0$0$0$0$0$0$0 $597,363 $225,328 $194,345 $597,363 $597,3632060$7,631,938$0$0$0$0$0$0$0$0$0$0$0$0 $194,345 $597,363 $597,3632061$6,840,230$0$0$0$0$0$0$0$0$0$0$0$0$0$0 $597,3632062$6,242,867$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02063$5,645,504$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02064$4,095,590$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02065$3,498,227$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02066$1,658,996$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02067$1,211,380$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02068$791,708$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0TOTAL$398,474,692 $15,120,964 $12,399,314 $17,920,886 $15,120,964 $6,759,826 $5,830,350 $17,920,886 $17,920,886 $17,920,886 $17,920,886 $17,920,886 $6,759,826 $5,830,350 $17,920,886 $17,920,886Source: City of Fresno, Fresno Fire Department, and EPS.Annual Debt ServicePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-4 DRAFTPage 2 of 2Table A-4Fresno Fire Impact Fee Program UpdateDebt Service and Financing Cost Detail Planned Fire Facilities and ApparatusItemSourceTotalBond Interest Rate5.25%Bond Term (years)30Const. Proceeds Pct.85%Estimated Inflation Factor3.00%Construction ProceedsTable A-5$168,718,375Total Bond Size$198,492,206Annual Debt ServiceFirst YearTable A-5Last YearPresent Value of Debt Service$260,342,661Less Bond Proceeds($168,718,375)Financing Costs $91,624,286Year2019$02020$02021$917,3432022$1,514,7052023$2,018,7382024$2,244,0652025$2,438,4102026$3,035,7732027$3,633,1362028$4,230,4992029$4,827,8612030$5,650,5522031$6,442,2602032$7,039,6232033$7,636,9852034$9,186,9002035$9,784,2632036$11,623,4942037$12,071,1092038$12,490,7822039$13,282,4902040$13,282,4902041$13,282,4902042$13,282,4902043$13,282,4902044$13,282,4902045$13,282,4902046$13,282,4902047$13,282,4902048$13,282,4902049$13,282,4902050$13,282,4902051$12,365,1472052$11,767,7842053$11,263,7522054$11,038,4252055$10,844,0802056$10,246,7172057$9,649,3542058$9,051,9912059$8,454,6282060$7,631,9382061$6,840,2302062$6,242,8672063$5,645,5042064$4,095,5902065$3,498,2272066$1,658,9962067$1,211,3802068$791,708TOTAL $398,474,692Source: City of Fresno, Fresno Fire Department, and EPS.Station 28Training Fac.Phase 2 Station 29 Shop Facility Station 6 Station 8 Station 15 Station 2 Station 27$7,587,891 $19,687,500 $7,587,891 $23,362,500 $5,685,750 $2,862,181 $2,468,631 $2,468,631 $7,587,891$8,926,931 $23,161,765 $8,926,931 $27,485,294 $6,689,118 $3,367,272 $2,904,272 $2,904,272 $8,926,931$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363203320342035203620372038203820392039206220632064206520662067206720682068$11,708,576 $30,379,004 $11,708,576 $36,049,751 $8,773,456 $4,416,519 $3,809,248 $3,809,248 $11,708,576($7,587,891) ($19,687,500) ($7,587,891) ($23,362,500) ($5,685,750) ($2,862,181) ($2,468,631) ($2,468,631) ($7,587,891)$4,120,684 $10,691,504 $4,120,684 $12,687,251 $3,087,706 $1,554,338 $1,340,616 $1,340,616 $4,120,684$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$597,363$0$0$0$0$0$0$0$0$597,363 $1,549,914$0$0$0$0$0$0$0$597,363 $1,549,914 $597,363$0$0$0$0$0$0$597,363 $1,549,914 $597,363 $1,839,232$0$0$0$0$0$597,363 $1,549,914 $597,363 $1,839,232 $447,615$0$0$0$0$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345$0$0$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0$0 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0$0$0 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0$0$0$0 $447,615 $225,328 $194,345 $194,345 $597,363$0$0$0$0$0 $225,328 $194,345 $194,345 $597,363$0$0$0$0$0$0$0 $194,345 $597,363$17,920,886 $46,497,428 $17,920,886 $55,176,948 $13,428,457 $6,759,826 $5,830,350 $5,830,350 $17,920,886bond detailAnnual Debt ServicePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-5 DRAFTTable A-5Fresno Fire Impact Fee Program UpdateFuture Facilities and Apparatus SchedulePlanned FacilityLocationImprovementTypeConst.YearLandCostsSite Imp.& Parking Building SoftConstructionSubtotalTotalCostsPct. [1]Costexcl land[2]Percentage Bond Funded0% 70% 70% 70% 70%FormulaA B C D E=B+C+D F=A+EGH=G*Total HF+HStation 18 Shaw & Bryan Replacement 2021 $0 $386,400 $4,708,998 $1,273,850$6,369,248 $6,369,2480.0%$0 $3,500,000Station 10 Clinton & Armstrong Replacement 2021 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3750.0%$0 $6,402,375Training Facility – Burn Tower/Modular Bldg only Undetermined Replacement 2021 $0 $1,050,000 $4,200,000$0$5,250,000 $5,250,0000.0%$0 $5,250,000Station 22North & Chestnut New2022 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 12Marks & Acacia Replacement 2023 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3750.0%$0 $6,402,375Station 7Cherry & Jensen Expansion 2024 $0$0 $1,932,000 $483,000$2,415,000 $2,415,0002.8%$447,181 $2,862,181Station 9Clinton & Fruit Expansion 2025 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 25McKinley & DeWolf New2026 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 31Central & Cherry New2027 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 21Belmont & Van Ness New2028 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 23Church & Fruit New2029 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 26Calif. & Temperance New2030 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 19Belmont & Marks Expansion 2030 $0$0 $1,932,000 $483,000$2,415,000 $2,415,0002.8%$447,181 $2,862,181Station 5Fresno & Shields Expansion 2031 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 30Dakota & Brawley New2031 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 24Herndon & Brawley New2032 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 28Champlain & Friant New2033 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Completion of Training FacilityUndetermined Replacement 2034 $0 $315,000 $14,700,000 $4,672,500$19,687,500 $19,687,5000.0%$0 $19,687,500Station 29Barstow & Brawley New2035 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Shop FacilityUndetermined Replacement 2036 $0 $1,050,000 $17,640,000 $4,672,500$23,362,500 $23,362,5000.0%$0 $23,362,500Station 6Gettysburg & Rowell Replacement 2037 $0 $315,000 $4,233,600 $1,137,150$5,685,750 $5,685,7500.0%$0 $5,685,750Station 8Cedar & Butler Expansion 2038 $0$0 $1,932,000 $483,000$2,415,000 $2,415,0002.8%$447,181 $2,862,181Station 15Clovis & Park Cir Dr. Expansion 2038 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 2West & FirExpansion 2039 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 27Teague & Chestnut New2039 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Total$0 $7,211,400 $120,433,698 $31,517,525 $159,162,623 $159,162,623 100.0% $15,925,000 $172,218,375Total New and Expansion Stations$0 $3,465,000 $65,337,300 $17,200,575 $86,002,875 $86,002,875 100.0%schedSource: City of Fresno, Fresno Fire Department, and EPS.[1] Percentage of "Total New and Expansion Stations" cost.[2] The Station 18 amount is the amount to be funded by a loan from the City. The remainder of the Station 18 cost is advance funded by the developer.Apparatus CostConstruction CostsTotal Bond/LoanFunded CostPrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-6 FFresno F Table B-1 Table B-2 Table B-3 A ire Depa Distribu Detailed Estimat APPENDIX artment S ution of Fire d Fire Call A ted Allocatio X B: Service C Call Activity ctivity, 2001 n of Uncateg Call Activ y ................ 1–2014 ....... gorized Fire vity .................. .................. Call Activity ........ B-1 ........ B-2 ....... B-3 DRAFT Table B-1 Fresno Fire Impact Fee Program Update Distribution of Fire Call Activity (2010-2014 Average) Code [1] Type of Call Resid. Nonresid. Resid. Nonresid. [2] Fire Calls r Residential 6,239 100.0% 0.0% 6,239 0 nr Industrial, Utility, Defense, Agriculture, Mining 67 0.0% 100.0%067 nr Manufacturing, Processing 116 0.0% 100.0% 0 116 nr Mercantile, Business 1,175 0.0% 100.0% 0 1,175 nr Health Care, Detention, Correction 588 0.0% 100.0% 0 588 sh Assembly 520 92.1% 7.9% 479 41 sh Educational 484 92.1% 7.9% 446 38 sh Property Type Not Specified 4,654 92.1% 7.9% 4,287 367 sh Storage 299 92.1% 7.9% 276 24 SUBTOTAL 14,142 11,727 2,416 Medical Aid/Rescue r Residential 13,552 100.0% 0.0% 13,552 0 nr Industrial, Utility, Defense, Agriculture, Mining 17 0.0% 100.0%017 nr Manufacturing, Processing 29 0.0% 100.0% 0 29 nr Mercantile, Business 662 0.0% 100.0% 0 662 nr Health Care, Detention, Correction 667 0.0% 100.0% 0 667 sh Assembly 498 92.1% 7.9% 459 39 sh Educational 217 92.1% 7.9% 200 17 sh Property Type Not Specified 3,968 92.1% 7.9% 3,655 313 sh Storage 63 92.1% 7.9% 58 5 SUBTOTAL 19,674 17,924 1,750 Grand Total 33,817 29,651 4,166 Share of Total 87.7% 12.3% call dist Source: Fresno Fire Department [1] Categorization by EPS. Code as follows: r = Directly Assigned to Residential nr = Directly Assigned to Nonresidential sh = Shared Assignment based on Potential Service. See Table B-3 for percentage split between residential and nonresidential. [2] See Table B-2. [3] See Table B-3 for pct. allocation of uncategorized calls. Percentage of Calls [3]Total Est. Annual Calls Estimated Annual Calls Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx B-1 DRAFTTable B-2Fresno Fire Impact Fee Program UpdateDetailed Fire Call Activity, 2001-20142010-2014Code [1] Type of Call2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014AverageFire Callsr Residential 7,095 6,889 5,938 3,213 3,776 4,183 4,870 4,72248764887 5599 6534 6883 7293 6,239nr Industrial, Utility, Defense, Agriculture, Mining 119 109 103 63 77 70 130 1039057 69 67 73 68 67nr Manufacturing, Processing 151 132 130 127 93 137 199 17186123 121 113 114 111 116nr Mercantile, Business 1,275 1,412 1,322 924 1,133 1,246 1,264 1,00610511070 1219 1271 1140 1174 1,175nr Health Care, Detention, Correction 626 639 636 441 475 558 716 785803504 541 640 624 631 588sh Assembly 356 394 391 237 394 364 467 388414473 529 566 527 504 520sh Educational 396 457 437 416 497 514 589 543483494 483 505 462 475 484sh Property Type Not Specified 5,137 4,501 4,123 3,852 3,283 3,402 3,616 3,47433723519 4002 4771 5299 5680 4,654sh Storage 193 164 191 167 231 259 217 170200221 238 231 361 446 299SUBTOTAL15,348 14,697 13,271 9,440 9,959 10,733 12,068 11,362 11,375 11,348 12,801 14,698 15,483 16,382 14,142Medical Aid/Rescuer Residential 7,757 8,836 10,451 14,005 14,921 12,952 15,145 13,2091901013285 13821 13092 13528 14035 13,552nr Industrial, Utility, Defense, Agriculture, Mining 3 12 7 16 17 14 28 353518 17 17 24 11 17nr Manufacturing, Processing 35 28 34 51 46 28 45 443138 26 24 28 29 29nr Mercantile, Business 579 615 715 756 919 764 750 7351008660 730 660 625 637 662nr Health Care, Detention, Correction 597 630 821 929 1,228 972 1,987 1,7302402741 669 594 610 722 667sh Assembly 260 269 291 292 501 393 475 442636483 533 476 475 524 498sh Educational 141 118 172 206 233 203 265 259327211 232 219 196 225 217sh Property Type Not Specified 2,221 2,305 2,290 3,639 4,029 3,784 4,568 3,68348724034 4346 3781 3733 3945 3,968sh Storage 12 15 12 16 45 49 78 1206576 73 65 59 44 63SUBTOTAL11,605 12,828 14,793 19,910 21,939 19,159 23,341 20,257 28,386 19,546 20,447 18,928 19,278 20,172 19,674Grand Total26,953 27,525 28,064 29,350 31,898 29,892 35,409 31,619 39,761 30,894 33,248 33,626 34,761 36,554 33,817call_detailSource: Fresno Fire Department[1] Categorization by EPS. Code as follows:r = Directly Assigned to Residentialnr = Directly Assigned to Nonresidentialsh = Shared Assignment based on Potential ServicePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxB-2 DRAFT Table B-3 Fresno Fire Impact Fee Program Update Estimated Allocation of Uncategorized Fire Call Activity Item Formula Population Employees Total 2014 Fire Service Population A 555,609 177,590 733,199 Percentage of Total 75.8% 24.2% 100.0% Potential Service (Hours per Week) [1]B 168 45 Equivalent Factor [2]C = B / 168 100.0% 26.8% Equivalent Persons Served D = A x C 555,609 47,569 603,178 Assignment of Uncategorized Calls E = D / Total D 92.1% 7.9% 100.0% call_allocation Source: City of Fresno and EPS [1] Maximum hours at home/work. Resid. hours = 7 days/week *24 hrs/day. Nonres. hours= 5 days/week*9 hrs/day. [2] Relates each employee to resident based on potential service hours. Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx B-3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1863 Agenda Date:6/13/2019 Agenda #: REQUEST TO APPEAR BEFORE COUNCIL June 13, 2019 Appearance by Gidai Maaza and Cesar CasaMayor to discuss the Measure Cannabis Business tax and the need to define the regulations. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JENNIFER K. CLARK, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development Services Division BY:MARGO LERWILL, Supervising Planner Development Services Division SUBJECT (REFERRED BACK TO STAFF) HEARING to Consider Plan Amendment Application No.P18-03569,Rezone Application No.P18- 03569,Modification of Zoning Conditions Application No.P18-03569 and related Environmental Assessment No.P18-03659 filed by Jeff Roberts of Assemi Group,Inc.These applications pertain to approximately 6.9 acres of property located on the corner of North Colonial and West San Jose Avenues. (Council District 2) 1.ADOPT CEQA Environmental Assessment No.P18-03569,a Mitigated Negative Declaration dated May 22, 2019. 2.RESOLUTION -Approving Plan Amendment Application No.P18-03569 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use for ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from Residential Medium Density to Regional Mixed-Use. 3.BILL (For introduction and adoption)-Approving Rezone Application No.P18-03569 requesting authorization to rezone ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from RS-5/EQ (Residential Single Family/Equine Overlay)to RMX (Regional Mixed-Use)zoning.to modify conditions of zoning on ±3.8 acres at the northwest corner of North Colonial and West San Jose Avenues,and to modify conditions of zoning on ±2.1 acres south of West San Jose Avenue at North Colonial Avenue. RECOMMENDATION Staff recommends that the City Council take the following actions: 1.ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No.P18- City of Fresno Printed on 3/17/2023Page 1 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: 03569 dated May 22, 2019. 2.ADOPT RESOLUTION approving Plan Amendment Application No.P18-03569 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use for ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from Residential Medium Density to Regional Mixed-Use. 3.ADOPT BILL approving Rezone Application No.P18-03569 requesting authorization to rezone ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from RS-5/EQ (Residential Single Family/Equine Overlay)to RMX (Regional Mixed-Use) zoning. 4.ADOPT BILL approving Modification of Zoning Conditions Application No.P18-03659 proposing to modify conditions of zoning on ±3.8 acres at the northwest corner of North Colonial and West San Jose Avenues. 5.ADOPT BILL approving Modification of Zoning Conditions Application No.P18-03659 proposing to modify conditions of zoning on ±2.1 acres south of West San Jose Avenue at North Colonial Avenue. EXECUTIVE SUMMARY Jeff Roberts of The Assemi Group has filed Plan Amendment/Rezone Application No. P18-03659, which pertains to ±6.9 acres of property located at the corners of North Colonial and West San Jose Avenues. The application proposes to amend the Fresno General Plan and the Bullard Community Plan for ±1 acre of vacant land at the northeast corner of West San Jose and North Colonial Avenues from Residential Medium Density to Regional Mixed Use. The application also proposes to amend the Official Zone Map to reclassify the property from RS-5/EQ (Residential Single-Family/Equine Overlay) to RMX (Regional Mixed-Use). Lastly, the application proposes the modification of conditions of zoning for ±3.8 acre of developed property on the northwest corner of West San Jose and North Colonial Avenues and the modification of conditions of zoning for ±2.1 acres of developed property south of West San Jose Avenue at North Colonial Avenue to modify previously established conditions of zoning. BACKGROUND Plan Amendment/Rezone Application No.P18-03659 proposes to amend the Fresno General Plan and the Bullard Community Plan for ±1 acre of vacant land at the northeast corner of West San Jose and North Colonial Avenues from Residential Medium Density to Regional Mixed Use.The application also proposes to amend the Official Zone Map to reclassify the property from RS-5/EQ (Residential Single-Family/Equine Overlay) to RMX (Regional Mixed-Use). Intended to facilitate the expansion of the existing Fig Garden Financial Center office complex,the Plan Amendment and Rezone would be necessary for the applicant to develop a future 90,000- square-foot,4-story office building currently in the design concept stage and not included as part of this application.Adjacent to the subject property to the north,east,and west are a mix of mediumCity of Fresno Printed on 3/17/2023Page 2 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: this application.Adjacent to the subject property to the north,east,and west are a mix of medium density and medium low density residential uses.Abutting the property to the south is Fig Garden Village Shopping Center and a Corridor Mixed-Use area.Under the current residential planned land use and zone district,the future office development would be prohibited.Under the proposed Regional Mixed-Use planned land use and zone district,the development of an additional office building would be a by-right use.The Regional Mixed-Use planned land use and zone district would bring this property in line with the other parcels comprising the Fig Garden Financial Center. The approval of the application would also modify existing conditions of zoning on two Fig Garden Financial Center parcels abutting the future building.The modification of conditions of zoning would be necessary to allow greater pedestrian access and to remove the requirement for landscape setbacks and concrete block walls along property lines that would become internal to the complex rather than serving as project borders.Conditions of zoning requiring traffic improvements that have already been completed would also be removed.Conditions prohibiting certain points of vehicular access and prohibiting drive-through facilities within 100 feet of West San Ramon and West San Jose Avenues shall remain as conditions of zoning. Street Abandonment A related but separate application with the City of Fresno Public Works Department seeks to have parts of North Colonial and West San Jose Avenues abandoned,as the future office building would potentially be located at the existing intersection of these streets.See Exhibit H.In response to concerned residents living in the unincorporated Village Garden condominium neighborhood north of the Fig Garden Financial Center,the applicant is considering providing gates to prevent cut-through traffic while also allowing the residents continued access to both North Palm and North Maroa Avenues. A feasibility study for the abandonment was submitted to the Public Works Department for review, and comments have been provided to the applicant.Once those requirements are satisfied,the proposed abandonment will be prepared for public hearing.The final decision on the abandonment will rest with the City Council. Traffic Analysis A Trip Generation Analysis performed by Vang Inc.Consulting Engineers (Exhibit I)indicated that the future office development would generate 140 vehicle trips during the morning peak hour travel period (7 to 9 a.m.),34 vehicle trips during the evening peak hour travel period (4 to 6 p.m.)on a weekday, and 993 average weekday trips. The "Mobility and Transportation"element of the City of Fresno General Plan divides the City of Fresno into four Traffic Impact Zones (TIZ's)on General Plan Figure MT-4.The project lies within TIZ -II,which represents areas of the City that are mostly developed and built out.The trigger for requiring a Traffic Impact Study (TIS)for all development within the TIZ-II is a project anticipated to generate 200 or more new peak hour trips. Upon evaluation of the Trip Generation Analysis,the City of Fresno Public Works Department,Traffic and Engineering Services Division determined that this did not represent a significant change in traffic beyond the existing level generated by the current office uses in the Fig Garden Financial City of Fresno Printed on 3/17/2023Page 3 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: Center. Therefore, a traffic impact study is not required at this time. Again,the development permit for the construction of the office building is not included in Plan Amendment/Rezone Application No. P18-3659 and will be addressed instead in a future application. Land Use Plans and Policies The proposed project aligns with objectives and policies found in the Fresno General Plan and the Bullard Community Plan. Fresno General Plan The Fresno General Plan designates the subject site as planned land use Residential Medium Density.Plan Amendment/Rezone Application No.P18-3659 proposes to amend the Fresno General Plan and Bullard Community Plan planned land use from Residential Medium Density to Regional Mixed Use.The proposed project is compatible with goals,objectives,and policies included in the Fresno General Plan, including: Goal No.1 of the Fresno General Plan encourages the use of urban form,land use,and Development Code policies to streamline permit approval,promote local educational excellence and workforce relevance,significantly increase business development and expansion,retain and attract talented people,create jobs and sustained economic growth,strategically locate employment lands and facilities, and avoid over-saturation of a single type of housing, retail or employment. Goal No.7 of the Fresno General Plan encourages the provision for a diversity of districts, neighborhoods,housing types (including affordable housing),residential densities,job opportunities, recreation,open space,and educational venues that appeal to a broad range of people throughout the city. Goal No.8 of the Fresno General Plan encourages the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities,building types,and affordability which are designed to be healthy,attractive,and centered by schools,parks,and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. Goal No.12 of the Fresno General Plan encourages the resolution of existing public infrastructure and service deficiencies,full use of existing infrastructure,and investment in improvements to increase competitiveness and promote economic growth. Implementing Policies LU-1-a and LU-2-a of the Fresno General Plan promote development of vacant,underdeveloped,and re-developable land within the within the Existing City Limits as of December 31, 2012 where urban services are available. Objective LU-6 of the Fresno General Plan promotes the retention and enhancement of existing commercial areas to strengthen Fresno’s economic base and development of new office,retail,and lodging use districts on sites which will serve neighborhoods and regional visitors. Fresno General Plan Policy LU-6-a fosters high quality design,diversity,and a mix of amenities in new development with uses through the consideration of guidelines,regulations and design reviewCity of Fresno Printed on 3/17/2023Page 4 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: new development with uses through the consideration of guidelines,regulations and design review procedures. Plan Amendment/Rezone Application No.P18-3659,as the initial step in the future development of an approximately 90,000-square-foot,4-story expansion of office uses at The Fig Garden Financial Center,would aid in the accommodation of sustained economic growth and the expansion of employment in an area with surrounding residential and retail uses,avoiding over-saturation of a single type of housing, retail or employment in the area. The applicant has also been working with local residents on the concept of a park within the Fig Garden Financial Center and enhanced pedestrian access to the complex’s green space,providing local residents and employees with additional access to open space. As an expansion of an existing use in a developed urban area,the future project would make use of existing public infrastructure and services.The proposed development would be evaluated at the time of the development permit application submittal to determine possible impacts to public infrastructure and services.At that time,the proposed development may be required to construct or contribute to infrastructure and/or service improvements. Bullard Community Plan Upon reviewing the policies contained in the Plan,staff has determined that there are no policies that are more restrictive than those contained in the FMC.The proposed project is compatible with goals and policies included in the Bullard Community Plan, including: Goal 4.2.3-5 promotes office land use designations of a size,configuration,location and visibility that would be attractive to prospective office users. Policy 4.2.4-4 indicates that commercial areas shall be designed such that commercial traffic will not route through local residential streets. Policy 4.2.4-7-d indicates that no commercial or office building shall be constructed within fifty-feet of the property line of abutting properties zoned or planned for residential uses. The proposed project prepares the subject properties for an expansion of the existing office use at Fig Garden Financial Center with a concept that inhibits commercial traffic passing through local residential streets.The future location of the new office building,while not yet part of an official application,conceptually places the building at a greater distance from existing residential uses than attempting to place an office building on the northeast corner of North Colonial and West San Jose Avenues directly abutting single-family residences. See Exhibit H for the conceptual site plan. Fresno County Airport Land Use Compatibility Plan On December 3,2018,the Airport Land Use Commission (ALUC)adopted the Fresno County Airport Land Use Compatibility Plan.The proposed project is within the Airport Influence Area of Fresno Yosemite International Airport and must be reviewed by the ALUC.The subject site is located in the Precision Approach Zone,where the Safety Criteria Matrix for the Plan indicates no limit on project density but does require Federal Aviation Administration (FAA)7460 review to determine that development will not exceed the airport’s airspace protection surface.As the project does not includeCity of Fresno Printed on 3/17/2023Page 5 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: development will not exceed the airport’s airspace protection surface.As the project does not include a development permit application with building elevations at this time,the FAA review will not be required for the ALUC to review the proposed plan amendment/rezone application.It should be noted that Fig Garden Financial Center already has existing buildings of the same mass and height as the future office building concept. The ALUC reviewed Plan Amendment/Rezone Application No.P18-03659 on February 4,2019,and approved a Finding of Consistency with the Plan. PUBLIC INPUT AND NOTICING District 2 Plan Implementation Committee The District 2 Plan Implementation Committee reviewed the proposed project at their regular meeting on January 14,2019 and voted 5-0 to recommend approval of the project.The Committee recommended the applicant include two small parks within the proposed project,which was discussed with neighbors the following evening at a public meeting held by the applicant.Early concepts for the park space include the possibility of providing one or two small dog parks within the Fig Garden Financial Center.The applicant’s consultation with the community on amenities is ongoing. Neighborhood Meeting A neighborhood meeting at the Fig Garden Financial Center (5250 N Palm Avenue)was held on September 27,2018 at 6:00 p.m.,pursuant to Section 15-5805 and 15-5006 of the FMC.The meeting was attended by 44 people from the community.Some of the attendees actually had questions regarding a nearby apartment project rather than the financial center expansion. Comments received from the community conveyed concerns regarding additional traffic in an area perceived as being overburdened by traffic from Bullard High School on North Palm Avenue north of the proposed project.The intersection of North Palm and West San Ramon Avenues with the Palm Avenue frontage road was also a concern.Community members wanted pedestrian access, amenities for walking their dogs, and nice landscaping to be included in the development. The applicant has been meeting one-on-one and in groups with community members to discuss the proposed project periodically throughout the application process.Comments from the public have included concerns about pass-through traffic in the neighborhood north of the subject property.The applicant is currently in the process of meeting with the neighbors about potentially installing gates at the entrances to the condominium complex north of the project to prevent pass-through traffic. Public Input Comments received from the community during meetings conveyed concerns regarding additional traffic in an area perceived as being overburdened by traffic from Bullard High School on North Palm Avenue north of the proposed project.The intersection of North Palm and West San Ramon Avenues with the Palm Avenue frontage road was also a concern.Community members wanted pedestrian access, amenities for walking their dogs, and nice landscaping to be included in the development. Letters of support for the project were received from two local residents.A third resident sent two letters expressing concern regarding the proposed vacation of portions of North Colonial and WestCity of Fresno Printed on 3/17/2023Page 6 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: letters expressing concern regarding the proposed vacation of portions of North Colonial and West San Jose Avenues and the possible effects on traffic. Fresno City Planning Commission Action On June 6,2019,the Planning Commission will consider the item as presented by staff.The Planning Commission recommendation will be made available to the City Council at its hearing on June 13, 2019. Notice of City Council Hearing DARM staff mailed notices of this City Council hearing to surrounding property owners within 1,000 feet of the subject property (Exhibit C)on Friday,May 31,2019,pursuant to Section 15-5007-B-2 of the FMC. ENVIRONMENTAL FINDINGS An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the area, including the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (MEIR). An initial study of the above-described project had been conducted, and it has been determined to be a subsequent project that is not fully within the scope of the MEIR prepared for the Fresno General Plan as provided by CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, DARM proposes to adopt a Mitigated Negative Declaration for this project. It has been further determined that all applicable mitigation measures identified within the Fresno General Plan MEIR have been applied to the project, together with specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Section 15178(a). In addition, pursuant to PRC Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and with the project specific mitigation imposed, staff has determined that there is no substantial evidence in the record that the project may have a significant direct, indirect, or cumulative effect on the environment and has prepared a mitigated City of Fresno Printed on 3/17/2023Page 7 of 8 powered by Legistar™ File #:ID19-1181 Agenda Date:6/13/2019 Agenda #: negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment No. P18-03659 was published on May 22, 2019. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the city a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department. The proposed project and the action of the Council will have no impact on the General Fund. Attachments: Exhibit A:Vicinity Map Exhibit B:2017 Aerial Photograph of Site Exhibit C:Public Hearing Notice Mailing Map Exhibit D:Project Information Tables Exhibit E:Operational Statement Exhibit F:Proposed Planned Land Use Map/Application No. P18-03659 Exhibit G:Proposed Rezone Exhibit pursuant to Rezone Application No. P18-03659 Exhibit H:Site Plan (Conceptual Only) Exhibit I:Trip Generation Analysis Exhibit J:Plan Amendment and Rezone Findings Exhibit K:Environmental Assessment No. P18-03659, finding of a Mitigated Negative Declaration dated May 22, 2019 Exhibit L:Planning Commission Resolution for Plan Amendment P18-0369 Exhibit M:Plan Amendment Map - P18-03659 Exhibit N:Planning Commission Resolution for Rezone P18-03659 Exhibit O:Rezone Map Exhibit P:PC Resolution for Modification of Conditions of Zoning - 5260 N. Palm Exhibit Q:PC Resolution for Modification of Conditions of Zoning - 5200 N. Palm Exhibit R:City Council Resolution for Plan Amendment Application No. P18-03659 Exhibit S:City Council Ordinance Bill for Rezone Application No. P18-03659 Exhibit T:City Council Ordinance Bills for Rezone for Modification of Conditions of Zoning Application No. P18-03659 - 5260 N. Palm Exhibit U:City Council Ordinance Bills for Rezone for Modification of Conditions of Zoning Application No. P18-03659 - 5200 N. Palm Exhibit V:Modification to Conditions of Zoning City of Fresno Printed on 3/17/2023Page 8 of 8 powered by Legistar™ VICINITY MAP Subject Property N 2017 AERIAL PHOTOGRAPH OF SITE Subject Property N 41722026 4171402641714027 41715121 41721325 417370XA 417360X1 41732003 41723119 41723116 41628151 41730365 41714014 417470XA 41732034 41723118 41740028 41722023 41724037 41714015 41629XA1 41722020 4170705541707042 41628155 41731211 41714016 41706141 417380XA 417480X1 417410XA 417400X141714021 417420X1 41723112 417430X1 41724003 41628409 41706104 41731212417510X1 417480X1 41628408 41707015 41628406 417061XA 41713113 41724005 41713114 41713208 41706117 41713207 41705124 41706105 41629201 41707039 41722025 41731106 4170702441706101 41628405 41705125 41706103 41715113 41706201 41706208 41628403 4162841841628407 41715118 41706106 41706202 41713111 41706102 41715111 41713112 41713211 41713110 41706119 41706112 41713209 41706113 41713210 41706125 41705211 41705114 41706126 41715125 41706114 4171510441715103 41705212 41715105 41715126 41715102 41705213 41706204 4170620541705210 4170521541705214 41706110 41706203 41724019 41706216 41724018 41706215 41724017 41706214 41628414 4170621341706212 41724016 41715119 41706206 41706120 41724014 41628417 41706124 41706118 41715127 4172401341724012 41715110 4172400741724006 41706217 4170610941706108 41706107 4170612341706122 41706121 41706207 4162840441628416 41706209 4172402841724027 41706218 41724026 41724025 41724015 41724004 41732007417320064173200541732004 417320174173201641732015 41628157 4162815841628165 41714022 417400X1 41628161 41737022 41714023 4174002041740019 41740027 41740012 41629253 41737030 41738004 41706138 41737036 41737003 41738044 41629254 41714024 41740013 4174001741740022 4174002641740015 41738039 41738043 41737035 41738027 41738003 41714025 41738028 41737021 41738029 41737031 41707044 41740001 41737002 4173701941737018 41737034 41737017 41738017 41738032 41738030 4173702841737029 41738005 41706131 41738024 41740010 41737007 41738018 41737011 41738006 41737020 41738033 41737008 41740002 41738002 41738023 41738041 41737001 41706140T41737027 41706136 41740009 41706134 41740007 41740003 41742017 41742016 41736026 41736015 41747033 41736011 41736019 41747016 41736012 41736018 41747017 41747034 4173602341743006 41747027 41747014 4174702041747018 41743001 41751005S 41736022 41747023 4174700841747007 41736013 41742020 4174202141742015 41743003 4174700541747001 41748030S 41748028S41748027S 41748021 41748016 41748004 41748010 41748001 41748022 41748015PALM AVESHAW AVE BARSTOW AVE SAN JOSE AVE SAN RAMON AVE WIS HON AVE ROBINWOOD LN TWAIN AVE KEATS AVE SCOTT AV E SAN MADELE AVE SAN BRUNO AVE SAN JOSE AVE SAN JOSE AVE SAN MADELE AVE SAN BRUNO AVE Ad dress List Map, c:\gisdm6\automap\adrlist.mxd, Thu May 02 09:53:42 2019 Buffered at:1000 Feet, Legal Notices, Owners41723119 41714021 41714026 799319 AddrList SHAW AVEPALM AVEFRUIT AVEMAROA AVE PROJECT INFORMATION PROJECT See Executive Summary of staff report for Plan Amendment/Rezone Application No. P18-03659. APPLICANT Jeff Roberts of Assemi Group OWNER ARC Properties LOCATION 5200 & 5260 West Palm Avenue and 614 West San Jose Avenue, Fresno, California 93704; Located on the northwest, northeast, and south corners of North Colonia and West San Jose Avenues in the City and County of Fresno, California (±6.9 acres). (APN: 41723119, 41714021, 41714026). (Council District 2) SITE SIZE Approximately 6.9 acres PLANNED LAND USE Existing For APN 41714021: Residential Medium Density For APN 41723119 & 41714026: Regional Mixed-Use Proposed Regional Mixed-Use for All Parcels ZONING Existing For APN 41714021: RS-5/EQ (Residential Single- Family/Equine Overlay) For APN 41723119 & 41714026: RMX/cz (Regional Mixed-Use/conditions of zoning) Proposed For APN 41714021: RMX (Regional Mixed-Use) For APN 41723119 & 41714026: RMX/cz (Regional Mixed-Use/conditions of zoning) PLAN DESIGNATION AND CONSISTENCY The proposed zone district for the subject property conforms to the proposed planned land use designation of Regional Mixed-Use. DISTRICT IMPLEMENTATION COMMITTEE The District 2 Plan Implementation Committee reviewed the proposed project at their regular meeting on January 14, 2019 and voted 5-0 to recommend approval of the project. The Committee recommended the applicant include two small parks within the proposed project. HOUSING ELEMENT INFORMATION This project is not a Housing Element Site. ENVIRONMENTAL FINDING A Mitigated Negative Declaration was filed with the Fresno County Clerk’s office on May 22, 2019. STAFF RECOMMENDATION Recommend Approval (to the City Council) of: (1) Adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. P18-03659; (2) Approval of Plan Amendment Application No. P18-03659; (3) Approval of Rezone Application No. P18-03659; (4) Approval of Modification of Conditions of Zoning Application P18-03659 for APN 417-140-26; and (5) Approval of Modification of Conditions of Zoning Application P18-03659 for APN 417-231-19. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Low Density Residential & Medium Density Residential RS-4 (Residential Single –Family), RS- 4/EQ (Residential Single- Family/Equine Overlay), RS-5/cz (Residential Single-Family/conditions of zoning), R1AH (Single Family Residential District – Fresno County) Medium Low Density Residential & Medium Density Residential East Medium Low Density Residential, Medium Density Residential & Regional Mixed-Use RS-4 (Residential Single –Family), RS- 5 (Residential Single –Family), Regional Mixed-Use Medium Density Residential & Medium High Density Residential (recently demolished, vacant) South Commercial – Regional & Corridor - Center Mixed Use CR (Commercial – Regional) & R2 (Low Density Multiple Family – Fresno County) Community Commercial & Medium High Density Residential West Regional Mixed-Use & Commercial – Regional RMX/cz (Regional Mixed- Use/conditions of zoning) & CR (Commercial – Regional) Office Commercial & Community Commercial Jeff Roberts Subject: "Operational Statement" -Fig Garden Financial Center -"Addition" A.Background: The applicant, ARC Properties, owns and manages the existing "Fig Garden Financial Center11 project located in northwest Fresno located east of Palm Ave. and north of San Jose Ave. The project consists of three 4 -story office buildings with a total of approximately 250,000 sq. ft. Parking for the property is located on site and is primarily located "at grade" but one building has parking located underground. The applicant has two additional properties that they would like to incorporate into the existing project area so they can construct one additional 4 -story office building with 100,000 sq. ft. One property is 1.08 acres in size and the other is 2.35 acres. The project area for the following applications is approximately 4.14 acres total including the public street area proposed for abandonment. B.Proposed Project: The applicant is filing several applications with the City of Fresno to provide for the ability to enlarge the Fig Garden Financial Center and construct one additional building. These applications consist of the following: •General Plan Amendment: To change the "Medium Density Residential" land use designation on the 1.08 acre parcel of land located at the northeast corner of N. Colonial Ave. and W. San Jose Ave. to "Reginal Mixed Use" land use designation ( APN 417-140-21 ) •Rezone Application: To change the existing "RS-5" Zoning on the 1.08 acre parcel ( referenced above ) to "RMX11 and to remove any and all of the "conditions of Zoning" that were placed on portions of the project area with the approval of Rezoning Application No. 6696 and Rezoning Application No. R-16-020. •Abandonment of Public Streets: To provide for the "vacation" of the public street rights of way on a portion of N.Colonial Ave. and W. San Jose Ave. adjacent to the 1.08 acre parcel referenced above ( APN 417-140-21) This abandonment would provide "connectivity'' between the existing Fig Garden Financial Center office project and the additional 1.08 acre site also owned by the applicant and would add approximately .71 acres of land to the project area. [Not part of Plan Amendment/Rezone Application P18-03659] •Construction of one additional 4 - story office building with approximately 100,000 sq. ft. ( future Site Plan and/or Development Permit application(s) ) [Not part of Plan Amendment/Rezone Application P18-03659] •Demolition of 44 existing apartments located on 2.35 acre on the south side of W. San Jose ( APN 417-231-16) for the development of parking to serve the proposed Fig Garden Financial Center and its one proposed additional office building, [Not part of Plan Amendment/Rezone Application P18-03659] The applicant believes that this "addition" to the Fig Garden Financial Center will provide for a reduction in auto traffic using the neighborhood as a "shortcut", an architecturally attractive addition to the existing office complex, additional pedestrian connectivity to the Fig Garden Village Shopping center, and the elimination of existing and additional residential units. 1 rmx rml rm rml rmx cr rml rm rml cmx W SAN JOSE AVEN COLONIAL AVENROOSEVELTAVEN WISHON AVE W SAN RAM ON AVE 53'125'131' 131' 145' 150' 203' 246'310'310'310'330'341'366'478'504'P18-03659APN: 417-231-19, 417-140-21 and 26 0 300 600150Feet/ EXHIBIT F -PROPOSED PLAN AMENDMENT City of Fresno County of Fresno rmtormx1 acres County of Fresno City of Fresno rmx3.8 acres(no change) rmx2.1 acres(no change) From rm (Residential Medium Density) to rmx (Regional Mixed Use). 53'125'131' 131' 145' 150' 203'246'310'310'310'330'341'366'478'504'CR RS-5 RS-4 RMX RMX RS-5 CR PRIVATED RPRIVATE DRW SAN JOSE AVEN COLONIAL AVENROOSEVELTAVEN WISHON AVE PRIVATEPRIVATE DR PRIV ATE DR W SAN RAM ON AVE P18-03659APN: 417-231-19, 417-140-21 and 26 0 300 600150Feet/ EXHIBIT G -PROPOSED REZONE City of Fresno County of Fresno RS-5/eqtoRMX 1 Acres County of Fresno City of Fresno RMX/cztoRMX /cz3.8 Acres RMX/cztoRMX /cz2.1 Acres From RS-5/eq (Residential Single-Family, Medium Density/ equine) to RMX (Regional Mixed Use). From RMX/cz (Regional Mixed Use/ conditions of zoning) to RMX/cz (Regional Mixed Use/ with modified conditions of zoning). Exhibit H PLAN AMENDMENT AND REZONE FINDINGS FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5812 A. The change is consistent with the General Plan (GP) goals and policies, any operative plan, or adopted policy; and, Finding A: As outlined in “Land Use Plans and Policies” of the staff report, the application is consistent with the Fresno General Plan, the Bullard Community Plan, and with the Fresno County Airport Plan Use Compatibility Plan. B. The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare; and, Finding B: The proposed project is consistent with the purpose of the Development Code to promote growth in an orderly and sustainable manner, support infill development, and to promote and protect the public health, safety, peace, comfort, and general welfare; C. The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment -generating uses, consistent with the GP, any applicable operative plan, or adopted policy, and to increase the inventory of land within a zoning district to meet market demand. Finding C: The change in land use will achieve a balance of land uses desired by the City to provide employment-generating uses consistent with the Fresno General Plan. This project provides residents with enhanced opportunity to find employment within their neighborhood, which currently includes a mix of single and multi - family residential, retail, office, and school uses within walking distance of one another. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Fig Garden Financial Center Office Building - Environmental Assessment No. P18-03659 May 2019 PREPARED BY: Crawford & Bowen Planning, Inc. 113 N. Church Street, Suite 302 Visalia, CA 93291 PREPARED FOR: City of Fresno Development and Resource Management Dept. 2600 Fresno Street Fresno, CA 93721 Initial Study/ Mitigated Negative Declaration Fig Garden Land Holdings Office Building Plan Amendment and Rezone Application No. P18-03659 Prepared for: City of Fresno Development and Resource Management Department 2600 Fresno Street Fresno, CA 93721 Contact: Margo Lerwill, Supervising Planner (559) 621-8153 Prepared by: Crawford & Bowen Planning, Inc. 113 N. Church Street, Suite 302 Visalia, CA 93291 (559) 840-4414 Contact: Travis Crawford, AICP May 2019 TABLE OF CONTENTS CHAPTER ONE - INTRODUCTION 1.1 Project Summary 1-1 1.2 Document Format 1-1 CHAPTER TWO – PROJECT DESCRIPTION 2.1 Project Background 2-1 2.2 Project Location and Setting 2-1 2.3 Project Description 2-2 2.4 Other Required Approvals 2-7 CHAPTER THREE – INITIAL STUDY CHECKLIST 3.1 Environmental Checklist Form 3-1 3.2 Environmental Factors Potentially Affected 3-3 3.3 Determination 3-3 I. Aesthetics 3-8 II. Agricultural and Forest Resources 3-14 III. Air Quality 3-17 IV. Biological Resources 3-24 V. Cultural Resources 3-29 VI. Energy 3-32 VII. Geology and Soils 3-37 VIII. Greenhouse Gas Emissions 3-42 IX. Hazards and Hazardous Materials 3-46 X. Hydrology 3-51 XI. Land Use and Planning 3-57 XII. Mineral Resources 3-61 XIII. Noise 3-62 XIV. Population and Housing 3-66 XV. Public Services 3-68 XVI. Recreation 3-71 XVII. Transportation / Traffic 3-72 XVIII. Tribal Cultural Resources 3-76 XIX. Utilities and Service Systems 3-78 XX. Wildfire 3-82 XXI. Mandatory Findings of Significance 3-84 CHAPTER FOUR – MITIGATION MONITORING PROGRAM 4-1 Project-Specific Mitigation Program Fresno General Plan MEIR Mitigation Checklist CHAPTER FIVE – LIST OF PREPARERS 5-1 (Contd.) LIST OF FIGURES 1 – Project Vicinity Map 2-3 2 – Site Aerial 2-4 3 – Project Master Plan 2-5 4 – Building Elevation A 3-11 5 – Building Elevation B 3-12 LIST OF TABLES 1 – Standards and Attainment Status 3-18 2 – Project Construction Emissions in Tons 3-21 3 – 2016 CA Energy Consumption 3-33 4 – Annual Project Energy Consumption by Land Use 3-35 5 – Typical Construction Noise Levels 3-63 6 – Proposed Project Trip Generation 3-73 APPENDICES A- Air Emissions Output Table B- Project Trip Generation Analysis Chapter 1 INTRODUCTION Fig Garden Office Complex | Chapter 1 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 1-1 INTRODUCTION 1.1 Project Summary This document, Environmental Assessment No. P18-03659, is the Initial Study / Mitigated Negative Declaration (IS/MND) on the potential environmental effects of the Fig Garden Office Building Project (Project). The Project consists of construction and operation of a four-story 100,000 square foot office building, parking area, and related improvements. The proposed Project is more fully described in Chapter Two – Project Description. The City of Fresno will act as the Lead Agency for this project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. 1.2 Document Format This IS/MND contains five chapters, and appendices. Chapter 1, Introduction, provides an overview of the project and the CEQA environmental documentation process. Chapter 2, Project Description, provides a detailed description of project objectives and components. Chapter 3, Initial Study Checklist, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible mitigation measures. If the proposed project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 4, Mitigation and Monitoring Program provides the list of applicable mitigation measures that must be complied with. There are two mitigation lists: a Project-specific mitigation program and the City’s General Plan Master EIR mitigation checklist. Both are applicable to the Project. Chapter 5, List of Preparers, provides a list of key personnel involved in the preparation of the IS/MND. Environmental impacts are separated into the following categories: Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. Less Than Significant After Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less Than Fig Garden Office Complex | Chapter 1 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 1-2 Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced). Less Than Significant Impact. This category is identified when the project would result in impacts below the threshold of significance, and no mitigation measures are required. No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis.) Regardless of the type of CEQA document that must be prepared, the basic purpose of the CEQA process as set forth in the CEQA Guidelines Section 15002(a) is to: (1) Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities. (2) Identify ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible. (4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved. According to Section 15070(b), a Mitigated Negative Declaration is appropriate if it is determined that: (1) Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment. This document is tiering from the City of Fresno Master Environmental Impact Report (MEIR) (State Clearinghouse No. 2007121033) pursuant to CEQA Guidelines Section 15152. The MEIR and Fig Garden Office Complex | Chapter 1 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 1-3 supporting documents are available for review at the City of Fresno Development and Resource Management Department, 2600 Fresno Street, Room 3065, Fresno, CA 93721. The Initial Study contained in Chapter Three of this document has determined that the proposed Project is a subsequent project identified in the MEIR but that it is not fully within the scope of the MEIR because the proposed project could have a significant effect on the environment that was not examined in the MEIR. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Measure Monitoring Checklist will be imposed upon the proposed project. A MITIGATED NEGATIVE DECLARATION will be prepared. Chapter 2 PROJECT DESCRIPTION Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-1 Project Description 2.1 Project Background The proposed project description and actions have been distributed internally to applicable City departments (Planning, Public Works, Police/Fire, etc.) for review. All applicable development requirements have been applied to the project either through project design, conditions of approval, or as mitigation measures outlined in this document. The project is being proposed by the project applicant to take advantage of the site’s strategic location in an area that is suitable for large scale offices that serve a variety of uses. The location provides accessibility, infrastructure and demand in an area that provides an in-fill development opportunity within one of the City’s busiest shopping / office areas. 2.2 Project Location and Setting The proposed Office Complex is located on 1.08 acres at an existing office / commercial area north of Fig Garden Village (east of N. Palm Avenue at San Jose Avenue / Colonial Avenue). The site is known as the Fig Garden Financial Center located at 5204 North Palm Avenue in Fresno, CA 93704. Specifically, the proposed Office Complex is on APN 417-140-21. The proposed new parking area is on a 2.35 acre lot (APN 417-231-16). Additional components associated with the project (infrastructure, street abandonment, etc.) are on portions of APNs 417-140-26, 417-231-17 and 417-231-19. See Figure 1 (Project Vicinity Map), Figure 2 (Site Aerial) and Figure 3 (Project Master Plan). The site is located at the existing Fig Garden Financial Center adjacent to Fig Garden Village in a relatively busy mixed-use area including shopping, services and housing in central Fresno. The immediate vicinity is comprised of large office buildings, parking areas and residential housing. To the north and east of the proposed office building is residential housing while existing office buildings are located to the south and west. The proposed new parking area is surrounded by residential housing to the north and south, a vacant lot to the east, and an office building to the west. The area is highly disturbed with urban uses. Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-2 Zoning APN 417-140-21 is zoned RS-5/EQ (Residential Single-Family / Equine Overlay) APN 417-231-16 is zoned RMX (Regional Mixed-Use) APN 417-140-26 is zoned RMX/cz (Regional Mixed-Use / Conditions of Zoning) APN 417-231-19 is zoned RMX/cz (Regional Mixed-Use / Conditions of Zoning) 2.3 Project Description The project consists of construction and operation of a four-story, 100,000 square foot professional office building on a 1.08 acre lot. The footprint of the building is approximately 25,000 square feet with the remainder being occupied by hardscape, parking, landscaping and related features. Each floor of the building will occupy approximately 25,000 square feet of space. The building will be constructed of concrete, steel and wood-frame structures. Landscaping is proposed along the site’s perimeter, entrance and within the parking areas. Some existing trees on the site will be removed to accommodate the project. Site Access The project site will be accessed from Palm Avenue through the adjacent Fig Garden Financial Center’s driveway and from Shaw Avenue via private driveways through Fig Garden Village Shopping Center. The new parking area can also be accessed from W. San Jose Avenue. Pedestrian access will remain from the surrounding areas. The project also includes additional parking to accommodate 329 additional parking spaces (the City requires 1 space per 400 sq. ft. of building area which would require a minimum of 250 parking spaces). The existing 140 parking spaces located at the site of the proposed office building will be demolished. However, a total of 470 “new” spaces will be created, thus resulting in a net new parking capacity of 329 spaces. Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-3 Figure 1 Project Vicinity Map Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-4 Figure 2 Site Aerial Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-5 Figure 3 Project Master Plan Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-6 Parking To accommodate the required parking spaces needed for the office building, the project applicant will construct an additional parking area on a 2.35 acre lot just south of San Jose Avenue (See Figure 2). Previously, this site consisted of a 44-unit apartment complex that had been abandoned for several years and was demolished. Other Improvements Landscaping, walkways, security lighting, trash enclosures and related appurtenances will be installed. The project also includes a small park area that will be located near the new parking area between the parking stalls and W. San Jose Avenue. The park area will be open to the public. Street Abandonment To accommodate the new office building and parking area, the project will require abandonment of a portion N. Colonial Avenue and W. San Jose Avenue where those streets meet adjacent to the project site. The intention is to create a “dead-end” cul-de-sac with an adequately sized turn- around pocket just south of the intersection of N. Colonial Avenue and W. San Ramon Avenue and a second cul-de-sac turn-around pocket on W. San Jose Avenue just north of the proposed new parking area. This will eliminate thru-traffic along this route. However, access to the project will be provided from W. San Jose Avenue. The turn-around pockets have been adequately sized for emergency vehicles and will provide emergency vehicle access to the site and surrounding area as needed. Pedestrian access will be maintained in the area. Infrastructure The project will be required to tie into existing infrastructure in the area for sewer, water and storm drain. The existing pipelines for these services are located within the adjacent streets. The project developer will be required to pay for all improvements related to obtaining these facilities to serve the project. This includes constructing appropriately sized water mains that will provide adequate water pressure for fire flow and project water use. The project will require installation of sewer mains to serve the project including any sewer easements that will be required by the City. Storm water will be controlled through implementation of a Storm Water Management Plan and will be directed to the existing storm drains in W. San Jose Avenue. More detailed descriptions of project infrastructure requirements are included in Chapter Three. The project has been reviewed by City of Fresno Public Works and specifications pertaining to project financial responsibilities for accessing City-provided services have been made conditions of project approval. Fig Garden Office Complex | Chapter 2 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 2-7 Project Schedule The project developer intends to begin construction in 2019 for completion in 2020. Entitlements The project will require the following entitlements from the City of Fresno: • General Plan Amendment for 417-140-21 from planned land use from RM (Residential Medium Density) to RMX (Regional Mixed-Use); • Rezone Application for 417-140-21 from RS-5 / EQ (Residential Single-Family / Equine Overlay) zone district to the RMX (Regional Mixed Use) zone district; • Rezone Application to Modify Conditions of Zoning for 417-231-19 and 417-140-26 to remove previously established conditions of zoning; • Lot merger or lot line adjustment with cross access agreement; • Street abandonment; and • Grading and building permits. 2.4 Other Required Approvals The proposed Project would include, but not be limited to, the following regulatory requirements: • The adoption of this Mitigated Negative Declaration by the City of Fresno. • Compliance with other federal, state and local requirements such as the San Joaquin Valley Air Pollution Control District for a dust control plan and the Regional Water Quality Control Board for a Stormwater Pollution Prevention Plan. • City of Fresno Department of Public Utilities • Fresno Irrigation District Chapter 3 IMPACT ANALYSIS Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-1 Initial Study Checklist 3.1 Environmental Checklist Form Project title: Fig Garden Land Holdings Office Building Plan Amendment / Rezone Application No. P18-03659 Lead agency name and address: City of Fresno Development and Resource Management Department 2600 Fresno Street, Room 3065 Fresno, CA 93721 Contact person and phone number: Margo Lerwill City of Fresno (559) 621-8153 Project location: The proposed Office Complex is located on 1.08 acres at an existing office / commercial area north of Fig Garden Village (east of N. Palm Avenue at San Jose Avenue / Colonial Avenue). The site is known as the Fig Garden Financial Center located at 5204 North Palm Avenue in Fresno, CA 93704. Specifically, the proposed Office Complex is on APN 417-140-21. The proposed new parking area is on a 2.35 acre lot (APN 417-231-16). Additional components associated with the Project (infrastructure, street vacation, etc.) are on portions of APNs 417-140-26, 417-231-17 and 417-231-19. See Figure 1 (Project Vicinity Map) and Figure 2 (Site Aerial). Project sponsor’s name/address: Assemi Group, Inc. Jeff Roberts 1396 W. Herndon Ave. Fresno, CA 93711 Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-2 General plan designation: Residential – Medium Density Zoning: APN 417-140-21 is zoned RS-5/EQ (Residential Single-Family / Equine Overlay) APN 417-231-16 is zoned RMX (Regional Mixed-Use) APN 417-140-26 is zoned RMX/cz (Regional Mixed-Use / Conditions of Zoning) APN 417-231-19 is zoned RMX/cz (Regional Mixed-Use / Conditions of Zoning) Description of project: The Project consists of construction and operation of a four-story, 100,000 square foot professional office building and a new parking area (See Section 2.3 for a full description). Surrounding land uses/setting: The site is located at the existing Fig Garden Financial Center adjacent to Fig Garden Village in a relatively busy mixed-use area including shopping, services and housing in central Fresno. The immediate vicinity is comprised of large office buildings, parking areas and residential housing. To the north and east of the proposed office building is residential housing while existing office buildings are located to the south and west. The proposed new parking area is surrounded by residential housing to the north and south, a vacant lot to the east, and an office building to the west. The area is highly disturbed with urban uses. California Native American Tribal Consultation: Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun or is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Assembly Bill (AB) 52 and Senate Bill (SB) 18, potentially affected Tribes were formally notified of this Project and were given the opportunity to request consultation on the Project. The City contacted the Native American Heritage Commission, requesting a contact list of applicable Native Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-3 American Tribes, which was provided to the City. The City provided letters to the listed Tribes, notifying them of the Project and requesting consultation, if desired. A total of ten Tribes were contacted of which four (4) indicated they had no comment, and the remaining six (6) did not respond to the invitation to comment and consult. Refer to Section XVIII – Tribal Cultural Resources for more information. Other public agencies whose approval or consultation is required (e.g., permits, financing approval, participation agreements): • The adoption of this Mitigated Negative Declaration by the City of Fresno. • Compliance with other federal, state and local requirements such as the San Joaquin Valley Air Pollution Control District for a dust control plan an d the Regional Water Quality Control Board for a Stormwater Pollution Prevention Plan. • City of Fresno Department of Public Utilities • Fresno Irrigation District Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-4 3.2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Agriculture Resources and Forest Resources Air Quality Biological Resources Cultural Resources Energy Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities / Service Systems Wildfire Mandatory Findings of Significance 3.3 Determination On the basis of this initial evaluation: ___ I find that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR because it would have no additional significant effects that were not examined in the MEIR such that no new additional mitigation measures or alternatives may be required. All applicable mitigation measures contained in the Mitigation Measure Monitoring Checklist shall be imposed upon the proposed project. A FINDING OF CONFORMITY will be prepared. _X_ I find that the proposed project is a subsequent project identified in the MEIR but that it is not fully within the scope of the MEIR because the proposed project could have a Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-5 significant effect on the environment that was not examined in the MEIR. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Measure Monitoring Checklist will be imposed upon the proposed project. A MITIGATED NEGATIVE DECLARATION will be prepared. ___ I find that the proposed project is a subsequent project identified in the MEIR but that it MAY have a significant effect on the environment that was not examined in the MEIR, and an ENVIRONMENTAL IMPACT REPORT is required to analyze the potentially significant effects not examined in the MEIR pursuant to Public Resources Code Section 21157.1(d) and CEQA Guidelines 15178(a). Margo Lerwill, Supervising Planner Date EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE MEIR: 1. For purposes of this MEIR Initial Study, the following answers have the corresponding meanings: a. “No Impact” means the subsequent project will not cause any additional significant effect related to the threshold under consideration which was not previously examined in the MEIR. b. “Less Than Significant Impact” means there is an impact related to the threshold under consideration that was not previously examined in the MEIR, but that impact is less than significant; c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration that was not previously examined in the MEIR, however, with the mitigation incorporated into the project, the impact is less than significant. d. “Potentially Significant Impact” means there is an additional potentially significant effect related to the threshold under consideration that was not previously examined in the MEIR. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-6 A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 3. All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. A "Finding of Conformity" is a determination based on an initial study that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR because it would have no additional significant effects that were not examined in the MEIR. 6. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 7. Earlier analyses may be used where, pursuant to the tiering, program EIR or MEIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in the MEIR or another earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigati on Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 8. Lead agencies are encouraged to incorporate into the checklist references to information sources for Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-7 potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 9. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 10. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 11. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significant. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-8 I. AESTHETICS Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and regulations governing scenic quality? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AFFECTED ENVIRONMENT The Project is located within an urbanized area in the northwest portion of Fresno, in the Fig Garden community. The property is situated near the northeast corner of Palm Avenue and Shaw Avenue, and is bounded by the Fig Garden Financial Center to the west, West San Ramon Avenue, North Colonial Avenue and West San Jose Avenue to the east and northeast, and the Fig Garden Village shopping center to the southwest. The existing visual character of the site consists of a vacant parcel (location of the proposed office building), parking areas and a vacant lot where a previous apartment building was demolished. The remainder of the site contains a number of trees, including redwood, pine, palm, olive, and fig species. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-9 Views of the existing development portion of the Fig Garden Financial Center site from the residential neighborhoods to the north and east are impeded by existing block walls and trees. More distant views of the existing Fig Garden Financial Center may be available from the Fig Garden Shopping Center. Views of the Project site are available from surrounding streets and existing residential areas. RESPONSES a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. A scenic vista is defined as a viewpoint that provides expansive views of highly valued landscape for the benefit of the general public. The Sierra Nevada Mountains are the only natural and visual resource in the Project area. Views of these distant mountains are afforded only during clear conditions due to poor air quality in the valley. Distant views of the Sierra Nevada Mountains would largely be unaffected by the development of the Project because of the nature of the Project, distance and limited visibility of these features. The City of Fresno does not identify views of these features as required to be “protected.” The Project site is within an urbanized area of Fresno. The Fig Garden Financial Center is currently occupied by three 60-foot office buildings that are similar in size and nature to the proposed Project. There are no scenic vistas or other protected scenic resources on or near the site. Visual character of the site is addressed further in response c. below. The nearest eligible scenic highway is a section of SR 168 which is located over 20 miles east of the site. However, the Project is not visible to or from this eligible scenic highway due to intervening land uses. Therefore, the Project has no impact on scenic vistas or designated scenic resources or highways. Mitigation Measures: None are required. c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and regulations governing scenic quality? Less Than Significant Impact. The proposed Project would alter the existing visual character of public views of the site and its surroundings by constructing a new four-story office building and associated parking area. The building will be approximately 60 feet in height. Elevations of the Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-10 building are shown in Figures 4 and 5. The Project design is subject to the City’s Design Guidelines adopted for the City’s General Plan which apply to site layout, building design, landscaping, lighting, parking and signage. Detailed architectural plans, color palettes and building materials as well as landscaping plans will be submitted by the Project developer to the City of Fresno Development and Resource Management Department. The plans shall be required prior to issuance of any building permits. The review shall be substantially based on the building plans and elevations illustrated within this document. The Project will require removal of some trees on site. However, trees and other landscaping will be integrated along the building perimeter, entrance, and within the parking areas. In addition, a small park will be installed next to the new parking area along W. San Jose Avenue. The improvements such as those proposed by the Project are typical of large City urban areas and are generally expected from residents of the City. These improvements would not substantially degrade the visual character of the area and would not diminish the visual quality of the area, as they would be consistent with the existing visual setting. The Project itself is not visually imposing against the scale of the existing adjacent office buildings and nature of the surrounding area. Therefore, the Project would have less than significant impacts on the visual character of the area. Mitigation Measures: None are required. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-11 Figure 4 Office Building Elevation A Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-12 Figure 5 Office Building Elevation B Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-13 d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact With Mitigation. With the exception of windows, the Project does not propose any significant sources of glare. The use of standard windows in the proposed four-story office building would not result in significant glare impacts. Substantial portions of the overall Project site are currently predominantly impacted by light and glare from the adjacent Fig Garden Shopping and Financial Centers and associated lighting sources. The majority of the Project site is currently vacant and the only sources of night time light are street lamps and security lighting. The proposed Project would require night lighting on the outside of the building and within the parking areas for security purposes. Additional night lighting source s on the Project site, especially any unshielded light, could result in spillover light that could impact surrounding adjacent residential uses. This would create new sources of light that could potentially have a significant impact on nighttime light levels in the area. During the entitlement process, staff will ensure that lights are located in areas that will minimize light sources to the neighboring properties. Further, Mitigation Measure s (MM) AES-1 through MM AES-3 from the General Plan MEIR require lighting systems to be shielded to direct light to ground surfaces and orient light away from adjacent properties. In addition, MM AES – 5 requires use of non-reflective building materials to reduce glare impacts. As a result, the Project will have a less than significant impact on aesthetics. In addition, a condition of approval will require that lighting, where provided for security and to illuminate parking area and public streets, shall be hooded and so arranged and controlled so as not to cause a nuisance either to traffic or to the living environment. The amount of light shall be provided according to the standards of the Department of Public Works. As a result, the Project will have a less than significant impact on aesthetics. Mitigation Measures: General Plan MEIR Mitigation Measures AES – 1, AES – 2, AES – 3 and AES – 5. See attached MEIR Mitigation Measure Monitoring Checklist. In conclusion, with MEIR mitigation measures, the Project will not result in any aesthetic impacts beyond those analyzed in MEIR SCH No. 2012111015 prepared for the Fresno General Plan. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-14 II. AGRICULTURE AND FOREST RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-15 AFFECTED ENVIRONMENT Fresno is located in Fresno County, which is a nationally-leading agricultural producer. The City’s General Plan contains several policies intended to protect agricultural resources. The Project site, however, does not contain any agricultural resource and therefore, the City’s policies are not applicable. There are no agricultural resources near the site or in the surrounding area. RESPONSES a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use? No Impact. There are no agricultural resources or forest lands present on the Project site, which consists of “Urban and Built-Up Land” as designated in the 2014 Rural Mapping Edition: Fresno County Important Farmland Map of the California Department of Conservation. Urban and Built-Up Land is not afforded protection under CEQA as it typically consists of land that is not suitable for agricultural uses. Since the majority of the site is developed, there are no existing agricultural uses or operations within the Project boundaries, nor in the immediate vicinity. The proposed Project would not convert prime farmland, conflict with an existing agricultural use, or result in the conversion of existing farmland. Additionally, no Williamson Act contracted lands would be impacted due to the Project. The proposed Project does not conflict with any forest land or Timberland Production or result in any loss of forest land. The proposed Project does not include any changes which will affect the existing environment. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-16 Mitigation Measures: None are required. In conclusion, the Project will not result in any agriculture or forestry impacts beyond those analyzed in MEIR SCH No. 2012111015 prepared for the Fresno General Plan. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-17 III. AIR QUALITY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Conflict with or obstruct implementation of the applicable air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors or adversely affecting a substantial number of people)? AFFECTED ENVIRONMENT The climate of the City of Fresno and the San Joaquin Valley is characterized by long, hot summers and stagnant, foggy winters. Precipitation is low and temperature inversions are common. These characteristics are conducive to the formation and retention of air pollutants and are in part influenced by the surrounding mountains which intercept precipitation and act as a barrier to the passage of cold air and air pollutants. The proposed Project lies within the San Joaquin Valley Air Basin, which is managed by the San Joaquin Valley Air Pollution Control District (SJVAPCD or Air District). National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) have been established for the following criteria pollutants: carbon monoxide (CO), ozone (O3), sulfur dioxide (SO2), nitrogen dioxide (NO2), particulate matter (PM10 and PM2.5), and lead (Pb). The CAAQS also set standards for sulfates, hydrogen sulfide, and visibility. Air quality plans or attainment plans are used to bring the applicable air basin into attainment with all state and federal ambient air quality standards designed to protect the health and safety of residents within that air basin. Areas are classified under the Federal Clean Air Act as either “attainment”, “non - Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-18 attainment”, or “extreme non-attainment” areas for each criteria pollutant based on whether the NAAQS have been achieved or not. Attainment relative to the State standards is determined by the California Air Resources Board (CARB). The San Joaquin Valley is designated as a State and Federal extreme non - attainment area for O3, a State and Federal non-attainment area for PM2.5, a State non-attainment area for PM10, and Federal and State attainment area for CO, SO2, NO2, and Pb. Standards and attainment status for listed pollutants in the Air District can be found in Table 1. Note that both state and federal standards are presented. Table 1 Standards and Attainment Status for Listed Pollutants in the Air District Federal Standard California Standard Ozone 0.075 ppm (8-hr avg) 0.07 ppm (8-hr avg) 0.09 ppm (1-hr avg) Carbon Monoxide 9.0 ppm (8-hr avg) 35.0 ppm (1-hr avg) 9.0 ppm (8-hr avg) 20.0 ppm (1-hr avg) Nitrogen Dioxide 0.053 ppm (annual avg) 0.30 ppm (annual avg) 0.18 ppm (1-hr avg) Sulfur Dioxide 0.03 ppm (annual avg) 0.14 ppm (24-hr avg) 0.5 ppm (3-hr avg) 0.04 ppm (24-hr avg) 0.25 ppm (1hr avg) Lead 1.5 µg/m3 (calendar quarter) 0.15 µg/m3 (rolling 3-month avg) 1.5 µg/m3 (30-day avg) Particulate Matter (PM10) 150 µg/m3 (24-hr avg) 20 µg/m3 (annual avg) 50 µg/m3 (24-hr avg) Particulate Matter (PM2.5) 15 µg/m3 (annual avg) 35 µg/m3 (24-hr avg) 12 µg/m3 (annual avg) μg/m3 = micrograms per cubic meter Additional State regulations include: CARB Portable Equipment Registration Program – This program was designed to allow owners and operators of portable engines and other common construction or farming equipment to register their equipment under a statewide program so they may operate it statewide without the need to obtain a permit from the local air district. U.S. EPA/CARB Off-Road Mobile Sources Emission Reduction Program – The California Clean Air Act (CCAA) requires CARB to achieve a maximum degree of emissions reductions from off-road mobile sources to attain State Ambient Air Quality Standards (SAAQS); off- road mobile sources include most construction equipment. Tier 1 standards for large compression-ignition engines used in off-road mobile sources went into effect in California in 1996. These standards, along with ongoing rulemaking, address emissions of nitrogen oxides (NOX) and toxic particulate matter from diesel engines. CARB is currently developing a control measure to reduce diesel PM and NOX emissions from existing off-road diesel equipment throughout the state. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-19 California Global Warming Solutions Act – Established in 2006, Assembly Bill 32 (AB 32) requires that California’s GHG emissions be reduced to 1990 levels by the year 2020. This will be implemented through a statewide cap on GHG emissions, which will be phased in beginning in 2012. AB 32 requires CARB to develop regulations and a mandatory reporting system to monitor global warming emissions levels. The Master Environmental Impact Report (MEIR) prepared for the Fresno General Plan and Policy RC - 4-c of the Fresno General Plan require that computer models used by the SJVAPCD be used to analyze development projects and estimate future air pollutant emissions that can be expected to be generated from operational emissions (vehicular traffic associated with the project), area-wide emissions (sources such as ongoing maintenance activities and use of appliances), and construction activities. CalEEMod is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas emissions associated with both construction and operations from a variety of land use projects. The model quantifies direct emissions from construction and operations (including vehicle and off-road equipment use), as well as indirect emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Further, the model identifies mitigation measures to reduce criteria pollutant and GHG emissions along with calculating the benefits achieved from measures chosen by the user. The GHG mitigation measures were developed and adopted by the California Air Pollution Control Officers Association (CAPCOA). In addition to the above-mentioned factors, the CalEEMod computer model evaluates the following emissions: ozone precursors (Reactive Organic Gases (ROG)) and NOX; CO, SOX, both regulated categories of particulate matter, and the greenhouse gas carbon dioxide (CO2). The model incorporates geographically-customized data on local vehicles, weather, and SJVAPCD Rules. CalEEMod Version 2016.3.2, was used to estimate construction and operational (vehicle trips) emissions resulting from both phases of the proposed Project. RESPONSES a. Conflict with or obstruct implementation of the applicable air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial pollutant concentrations? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-20 Less Than Significant Impact. The proposed Project lies within the San Joaquin Valley Air Basin (SJVAB). At the Federal level, the SJVAB is designated as extreme nonattainment for the 8-hour ozone standard, attainment for PM10 and CO, and nonattainment fort PM2.5. At the State level, the SJVAB is designated as nonattainment for the 8-hour ozone, PM10, and PM2.5 standards. Although the Federal 1-hour ozone standard was revoked in 2005, areas must still attain this standard, and the SJVAPCD recently requested an EPA finding that the SJVAB has attained the standard based on 2011-2013 data1. To meet Federal Clean Air Act (CAA) requirements, the SJVAPCD has multiple air quality attainment plan (AQAP) documents, including: • Extreme Ozone Attainment Demonstration Plan (EOADP) for attainment of the 1-hour ozone standard (2004); • 2007 Ozone Plan for attainment of the 8-hour ozone standard; • 2007 PM10 Maintenance Plan and Request for Redesignation; and • 2008 PM2.5 Plan. Because of the region’s non-attainment status for ozone, PM2.5, and PM10, if the Project-generated emissions of either of the ozone precursor pollutants (ROG or NOx), PM 10, or PM2.5 were to exceed the SJVAPCD’s significance thresholds, then the project uses would be considered to conflict with the attainment plans. In addition, if the project uses were to result in a change in land use and corresponding increases in vehicle miles traveled, they may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans. The annual significance thresholds to be used for the Project for construction and operational emissions are as follows2: • 10 tons per year ROG; • 10 tons per year NOx; • 15 tons per year PM10; and • 15 tons per year PM2.5. The Project will result in both construction emissions and operational emissions as described below. Short-Term (Construction) Emissions 1 San Joaquin Valley Air Pollution Control District. Guide to Assessing and Mitigating Air Quality Impacts. March 1 9, 2015. Page 28. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf. Accessed January 2016. 2 San Joaquin Valley Air Control District – Air Quality Threshold of Significance – Criteria Pollutants. http://www.valleyair.org/transportation/0714-GAMAQI-Criteria-Pollutant-Thresholds-of-Significance.pdf. Accessed January 2019. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-21 Site preparation and Project construction would involve demolition of paving/asphalt, excavation, grading, hauling, and various activities needed to construct the Project. During construction, the Project could generate pollutants such as hydrocarbons, oxides of nitrogen, carbon monoxide, and suspended PM. A major source of PM would be windblown dust generated during construction activities. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Vehicles leaving the site could deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, the silt content of soil, wind speed, and the amount of operating equipment. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site. These emissions would be temporary and limited to the immediate area surrounding the construction site. Operational Emissions Operational emissions would primarily be generated from vehicles traveling to and from the office building. According to the Trip Generation Analysis prepared for the Project, the office building will generate approximately 993 trips per day. There are no substantial stationary emission generators associated with the Project. Total Project Emissions The estimated annual construction and operational emissions are shown below. The California Emissions Estimator (CalEEMod), Version 2016.3.2, was used to estimate construction and operational (vehicle trips) emissions resulting from both phases of the proposed Project. The modeling is based on the square footage of the office building, construction activities, and Project trip generation (see traffic section of this document for Project trip generation information). Modeling results are provided in Table 2 and the CalEEMod output files are provided in Appendix A. Table 2 Proposed Project Construction and Operation Emissions VOC (ROG) (tons/year) NOx (tons/year) PM10 (tons/year) PM2.5 (tons/year ) Years 2019/2020 Construction (combined) 0.8419 1.8806 0.2139 0.1404 Year 2020 Operation 2.4214 7.7201 0.6848 0.3271 Total Estimated Emissions 3.2633 9.6007 0.8987 0.4675 Threshold of Significance 10 10 15 15 Significant? No No No No Source: CalEEMod results (Appendix A). Crawford & Bowen Planning (2019) Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-22 As demonstrated in Table 2, estimated construction and operational emissions would not exceed the SJVAPCD’s significance thresholds for ROG, NOx, PM10, and PM2.5. As a result, the Project uses would not conflict with emissions inventories contained in regional air quality attainment plans, and would not result in a significant contribution to the region’s air quality non-attainment status3. Localized high levels of CO are associated with traffic congestion and idling or slow-moving vehicles. The SJVAPCD provides screening criteria to determine when to quantify local CO concentrations based on impacts to the level of service (LOS) of roadways in the Project vicinity. As further discussed in the Transportation/Traffic checklist evaluation, the Project would not generate substantial traffic (less than 1,000 trips per day) that would reduce the level of service on local roadways. Therefore, the Project would not significantly contribute to an exceedance that would exceed state or federal CO standards. Additionally, as the estimated construction and operational emissions are below SJVAPCD thresholds, any cumulative considerable increase in criteria pollutants would be less than significant. As described above, the Project will not occur at a scale or scope with potential to contribute substantially or cumulatively to existing or projected air quality violations, impacts, or increases of criteria pollutants for which the San Joaquin Valley region is under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors). The proposed Project will comply with all applicable air quality plans. Therefore, no violations of air quality standards will occur and no net increase of pollutants will occur. Mitigation Measures: None are required. e. Result in other emissions (such as those leading to odors adversely affecting a substantial number of people? Less Than Significant Impact. During construction, the various diesel powered vehicles and equipment in use on-site could create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the Project site. In addition, once the Project is operational, there would be no source of odors from the Project. Therefore, the impact is less than significant. 3 San Joaquin Valley Air Pollution Control District. Guide to Assessing and Mitigating Air Quality Impacts. March 19, 2015. Pag e 65. http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf. Accessed January 2019. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-23 Mitigation Measures: None are required. In conclusion, the Project will not result in any air quality impacts beyond those analyzed in MEIR SCH No. 2012111015 prepared for the Fresno General Plan. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-24 IV. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-25 IV. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? AFFECTED ENVIRONMENT The proposed Project site is located in a portion of the central San Joaquin Valley that has, for decades, experienced intensive agricultural and urban disturbances. Like most of California, Fresno and the Central San Joaquin Valley experiences a Mediterranean climate. Warm dry summers are followed by cool moist winters. Summer temperatures usually exceed 90 degrees Fahrenheit, and the relative humidity is generally very low. Winter temperatures rarely raise much above 70 degrees Fahrenheit, with daytime highs often below 60 degrees Fahrenheit. Annual precipitation within the proposed Project site is about 10 inches, almost 85% of which falls between the months of October and March. Nearly all precipitation falls in the form of rain and storm-water readily infiltrates the soils of the surrounding the sites. Native plant and animal species once abundant in the region have become locally extirpated or have experienced large reductions in their populations due to conversion of upland, riparian, and aquatic habitats to agricultural and urban uses. Remaining native habitats are particularly valuable to native wildlife species including special status species that still persist in the region. Over the years, the Fresno area has been substantially disturbed by agricultural and residential activities, with lands within the City itself having primarily been converted to urban development. The Project area is level (nearly flat) and has two predominate habitat types: landscape and ruderal. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-26 The potential ground-disturbance areas associated with the Project consist of asphalt paved parking areas, a vacant dirt lot void of vegetation, and some landscaping/trees. The site is completely surrounded by intense urban development. RESPONSES a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact With Mitigation. The Project area and vicinity consist of developed land uses. Existing development has altered the natural landscape by introducing non-native plant species and removing potentially suitable natural habitat for sensitive plant or animal species within the Project area. The vegetation found within and along the Project area consists of ornamental non- native species that provide little or no biological importance and value. The California Natural Diversity Database (CNDDB) was examined to determine if any species identified as a candidate, sensitive, or special status species were located in or near the Proposed Project Area. The CNDDB did not identify any species within the Proposed Project area or site. There are no reported records of special status species (which included both listed species and species of concern or of statewide importance). However, both raptors and migratory birds and their nests are protected under the Migratory Bird Treaty Act 16 U.S.C. §§ 703–712 (MBTA). The proposed Project will likely require removal of some trees to accommodate the Project. Tree removal could remove an active nest at the time of Project commencement or construction near an active nest could result in nest abandonment. Species with some likelihood to occur (at least for foraging) at the Project site include, but are not limited to, the following: red-tailed hawk (Buteo jamaicensis), sharp-shinned hawk (Accipiter striatus), Cooper’s hawk (Accipter cooperii), and American kestrel (Falco sparverius). While the life histories of these species vary, overlapping nesting and foraging similarities allow for their concurrent discussion. Impacts to nesting birds is potentially significant; however, implementation of Mitigation Measure BIO-4 from the General Plan MEIR would reduce this impact to a less-than-significant level. This mitigation measure consists of preconstruction surveys and timing of construction in relation to potential nesting birds in the Project area. Mitigation Measures: General Plan MEIR Mitigation Measure BIO – 4. See attached MEIR Mitigation Measure Monitoring Checklist. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-27 b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The Proposed Project site is located in an urban area that is surrounded by commercial and residential land uses. The site is not located within an established fish or wildlife migratory corridor. Therefore, no impacts to the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites would occur as a result of this Project. Mitigation Measures: None are required. c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The United States Army Corps of Engineers (USACE) regulates the dredge and fill of “Waters of the U.S.” through Section 404 of the Clean Water Act (CWA). This proposed Project site and area are urbanized and does not contain federally protected waters or wetlands. Therefore, no impacts would occur on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means as a result of this Proposed Project. As such, there would be no impacts associated with the proposed improvements. Mitigation Measures: None are required. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The Proposed Project site is located in an urban area that is surrounded by commercial and residential land uses. The site is not located within an established fish or wildlife migratory corridor. Therefore, no impacts to the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites would occur as a result of this Project. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-28 Mitigation Measures: None are required. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant. The City’s General Plan Parks, Open Space and Schools Element contains several objectives and policies pertaining to the protection of biological resources. Most of the policies pertain to general long-term protection and preservation of biological resources including providing buffers for natural areas, implementing habitat restoration where applicable, protection/enhancement of the San Joaquin River area, and other similar policies. Since the Project is located in a highly disturbed urban area with minimal biological resources and does not include significant impacts to protected plant or animal species, the Project does not conflict with any adopted policies pertaining to biological resources. The Project is also required to implement Municipal Code Chapter 13 Article 3 – Street Trees and Parkways pertaining to tree removal and replacement. Therefore, there is a less than significant impact. Mitigation Measures: None are required. f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is not subject to any adopted habitat conservation plan, natural community conservation plan or other conservation plan, as there are no adopted plans. Therefore, there is no impact. Mitigation Measures: None are required. In conclusion, with MEIR mitigation measures included, the Project will not result in any biological impacts beyond those analyzed in MEIR SCH No. 2012111015 prepared for the Fresno General Plan. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-29 V. CULTURAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c. Disturb any human remains, including those interred outside of formal cemeteries? AFFECTED ENVIRONMENT Archaeological resources are places where human activity has measurably altered the earth or left deposits of physical remains. Archaeological resources may be either prehistoric (before the introduction of writing in a particular area) or historic (after the introduction of writing). The majority of such places in this region are associated with either Native American or Euroamerican occupation of the area. The most frequently encountered prehistoric and early historic Native American archaeological sites are village settlements with residential areas and sometimes cemeteries; tempor ary camps where food and raw materials were collected; smaller, briefly occupied sites where tools were manufactured or repaired; and special-use areas like caves, rock shelters, and sites of rock art. Historic archaeological sites may include foundations or features such as privies, corrals, and trash dumps. The City of Fresno lies at the intersection of where ethnographers generally recognize three cultural- geographical divisions of Yokuts: Foothills, Northern Valley, and Southern Valley. The Foothill Yokuts included about 15 named tribes, representing the eastern third of the 40 to 50 recorded Yokuts tribes. The immediate Project vicinity consists of intense urban uses. The Project site has been subject to several environmental evaluations for a variety of proposed land uses including residential and commercial. As such, previous cultural resource evaluations have taken place for the Project site. The most recent study was a Cultural Resources Literature and Field Review prepared by Basin Research Associates, Inc. (January 2010) and a Historical Evaluation for the property at 507 W. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-30 San Jose Avenue (Johnson Architecture, January 2010). Since cultural resources tend to be stationary, it can be reasonably assumed that the cultural evaluation that occurred in 2010 is still applicable, since the site remains undeveloped. The prehistoric and historic site records and literature search was completed by the California Historical Resources Information System, Southern San Joaquin Valley Information Center (CHRIS/SSJVIC), California State University Bakersfield (File RS# 09-427, November 20, 2009). Specialized listings for cultural resources consulted by the SSJVIC include the Historic Properties Directory for Fresno County with the most recent updates of the National Register of Historic Places, California Historical Landmarks, and California Points of Historical Interest as well as other evaluations of properties reviewed by the State of California Office of Historic Preservation. Other sources consulted by the SSJVIC include California Inventory of Historic Resources, California Points of Historical Interest, and California Register. In addition, The California History Plan and Five Views: An Ethnic Sites Survey for California, Historic Properties Directory and available local and regional surveys/inventories/historic maps were consulted. The records search found no recorded cultural resources (including archaeological sites and architectural properties) located within or adjacent to the proposed Project or within 0.25 miles. This review included cultural resources listed in the National Register of Historic Places, California Register of Historical Resources, California State Landmarks, and the California Points of Historical Interest. None of the archaeological compliance reports on file at the CHRIS/SSJVIC include the Project. The review of the Sacred Lands Inventory by the Native American Heritage Commission (NAHC) was negative (Dave Singleton, NAHC, November 2009). No additional archaeological or historic resources were identified within or near the Project site. RESPONSES a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. As discussed above, no historic resources were identified within or near the Project site. Therefore, there is no impact. Mitigation Measures: None are required. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-31 c. Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact With Mitigation. The Project area is highly disturbed, consisting of office buildings, parking lots and residential housing. There are no known or visible cultural or archaeological resources, paleontological resources, or human remains that exist on the surface of the Project area. Therefore, it is determined that the Project has low potential to impact any sensitive resources and no further cultural resources work is required unless Project plans change to include work not currently identified in the Project description. Although no cultural or archaeological resources, paleontological resources or human remains have been identified in the Project area, the possibility exists that such resources or remains may be discovered during Project site preparation, excavation and/or grading activities. The General Plan MEIR contains mitigation measures CUL – 1 and CUL – 4 pertaining to protection of cultural resources if they are discovered during construction and will be implemented to ensure that Project will result in less than significant impacts with mitigation. Mitigation Measures: General Plan MEIR Mitigation Measures CUL – 1 and CUL - 2. See attached MEIR Mitigation Measure Monitoring Checklist. In conclusion, with MEIR mitigation measures incorporated, the Project will not result in any cultural or historical resource impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-32 VI . ENERGY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? AFFECTED ENVIRONMENT California’s total energy consumption is second-highest in the nation, but, in 2016, the state’s per capita energy consumption ranked 48th, due in part to its mild climate and its energy efficiency programs. In 2017, California ranked second in the nation in conventional hydroelectric generation and first as a producer of electricity from solar, geothermal, and biomass resources while also in 2017, solar PV and solar thermal installations provided about 16% of California’s net electricity generation.4 Energy usage is typically quantified using the British thermal unit (BTU). As a point of reference, the approximately amounts of energy contained in common energy sources are as follows: Energy Source BTUs5 Gasoline 120,429 per gallon Natural Gas 1,037 per cubic foot Electricity 3,412 per kilowatt-hour 4 U.S. Energy Information Administration. Independent Statistics and Analysis. California Profile Overview. https://www.eia.gov/state/?sid=CA#tabs-1. Accessed January 2019. 5 U.S. Energy Information Administration. Energy Units and Calculators Explained. https://www.eia.gov/energyexplained/index.php?page=about_energy_units. Accessed January 2019. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-33 California electrical consumption in 2016 was 7,830.8 trillion BTU6, as provided in Table 3, while total electrical consumption by Fresno County in 2017 was 25.457 trillion BTU.7 Table 3 – 2016 California Energy Consumption8 End User BTU of energy consumed (in trillions) Percentage of total consumption Residential 1,384.4 17.7 Commercial 1,477.2 18.9 Industrial 1,854.3 23.7 Transportation 3,114.9 39.8 Total 7,830.8 -- The California Department of Transportation (Caltrans) reports that approximately 25.1 million automobiles, 5.7 million trucks, and 889,024 motorcycles were registered in the state in 2017, resulting in a total estimated 339.8 billion vehicles miles traveled (VMT).9 Within Fresno County, an estimated 8.2 million vehicle miles were traveled in 2017 for an average of 22,556 per day.10 Applicable Regulations California Energy Code (Title 24, Part 6, Building Energy Efficiency Standards) California Code of Regulations Title 24, Part 6 comprises the California Energy Code, which was adopted to ensure that building construction, system design and installation achieve energy efficiency. The California Energy Code was first established in 1978 by the CEC in response to a legislative mandate to reduce California’s energy consumption, and apply to energy consumed for heating, cooling, ventilation, water heating, and lighting in new residential and non-residential buildings. The standards are updated periodically to increase the baseline energy efficiency requirements. The 2013 Building Energy Efficiency Standards focus on several key areas to improve the energy efficiency of newly constructed buildings and additions and alterations to existing buildings and include requirements to enable both demand reductions during critical peak periods and future solar electric and thermal system installations. Although it was not originally intended to reduce greenhouse gas (GHG) emissions, electricity production 6 U.S. Energy Information Administration. Independent Statistics and Analysis. California Profile Overview. https://www.eia.gov/state/?sid=CA#tabs-1. Accessed January 2019. 7 California Energy Commission. Electricity Consumption by County. http://ecdms.energy.ca.gov/elecbycounty.aspx. Accessed January 2019. 8 U.S. Energy Information Administration. Independent Statistics and Analysis. California Profile Overview. https://www.eia.gov/state/?sid=CA#tabs-1. Accessed January 2019. 9 Caltrans. 2017. California Transportation Quick Facts. http://www.dot.ca.gov/drisi/library/qf/qf2017.pdf. Accessed January 2019 10 Caltrans. 2017. Fresno County Transportation Quick Facts. http://www.dot.ca.gov/drisi/library/qfco/fre/fre2017.pdf. Accessed January 2019. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-34 by fossil fuels results in GHG emissions and energy efficient buildings require less electricity. Therefore, increased energy efficiency results in decreased GHG emissions. California Green Building Standards Code (Title 24, Part II, CALGreen) The California Building Standards Commission adopted the California Green Buildings Standards Code (CALGreen in Part 11 of the Title 24 Building Standards Code) for all new construction statewide on July 17, 2008. Originally a volunteer measure, the code became mandatory in 2010. The most recent update was 2016. CALGreen sets targets for energy efficiency, water consumption, dual plumbing systems for potable and recyclable water, diversion of construction waste from landfills, and use of environmentally sensitive materials in construction and design, including eco-friendly flooring, carpeting, paint, coatings, thermal insulation, and acoustical wall and ceiling panels. The 2016 CALGreen Code includes mandatory measures for non-residential development related to site development; water use; weather resistance and moisture management; construction waste reduction, disposal, and recycling; building maintenance and operation; pollutant control; indoor air quality; environmental comfort; an d outdoor air quality. Mandatory measures for residential development pertain to green building; planning and design; energy efficiency; water efficiency and conservation; material conservation and resource efficiency; environmental quality; and installer and special inspector qualifications. Clean Energy and Pollution Reduction Act (SB 350) The Clean Energy and Pollution Reduction Act (SB 350) was passed by California Governor Brown on October 7, 2015, and establishes new clean energy, clean air, and greenhouse gas reduction goals for the year 2030 and beyond. SB 350 establishes a greenhouse gas reduction target of 40 percent below 1990 levels for the State of California, further enhancing the ability for the state to meet the goal of reducing greenhouse gas emissions by 80 percent below 1990 levels by the year 2050. Renewable Portfolio Standard (SB 1078 and SB 107) Established in 2002 under SB 1078, the state’s Renewables Portfolio Standard (RPS) was amended under SB 107 to require accelerated energy reduction goals by requiring that by the year 2010, 20 percent of electricity sales in the state be served by renewable energy resources. In years following its adoption, Executive Order S-14-08 was signed, requiring electricity retail sellers to provide 33 percent of their service loads with renewable energy by the year 2020. In 2011, SB X1-2 was signed, aligning the RPS target with the 33 percent requirement by the year 2020. This new RPS applied to all state electricity retailers, including publicly owned utilities, investor-owned utilities, electrical service providers, and community choice aggregators. All entities included under the RPS were required to adopt the RPS 20 percent by year 2020 reduction goal by the end of 2013, adopt a reduction goal of 25 percent by the end of 2016, and meet the 33 percent reduction goal by the end of 2020. In addition, the Air Resources Board, Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-35 under Executive Order S-21-09, was required to adopt regulations consistent with these 33 percent renewable energy targets. RESPONSES a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The proposed Project includes constructing an office complex on a 1.08- acre vacant lot and constructing a parking lot on a 2.35-acre lot that previously housed a 44-unit apartment structure (since demolished). The Project would introduce energy usage on a site that is currently demanding minimal energy. By comparison, at buildout, the Project would consume large amounts of energy in both the short-term during Project construction and in the long-term during Project operation. During construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Title 24 Building Energy Efficiency Standards provide guidance on construction techniques to maximize energy conservation and it is expected that contractors and owners have a strong financial incentive to use recycled materials and products originating from nearby sources in order to reduce materials costs. As such, it is anticipated that materials used in construction and construction vehicle fuel energy would not involve the wasteful, inefficient, or unnecessary consumption of energy. Operational Project energy consumption would occur for multiple purposes, including but not limited to, building heating and cooling, refrigeration, lighting, electronics, and office equipment. Operational energy would also be consumed during each vehicle trip associated with the proposed use. CalEEMod was utilized to generate the estimated energy demand of the proposed Project, and the results are provided in Table 4 and in Appendix A. Table 4 – Annual Project Energy Consumption by Land Use Land Use Electricity Use in kWh/year Natural Gas Use in kBTU/year Annual Energy Consumption (in Million BTU) Office Park 1,049,400 2,050,200 5,630.9 Parking Lot 46,060 0 157.2 Total 1,095,460 2,050,200 5,788.1 Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-36 The proposed Project would be required to comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Implementation of Title 24 standards significantly increases energy savings, and it is generally assumed that compliance with Title 24 ensures projects will not result in the inefficient, wasteful, or unnecessary consumption of energy. As discussed in Impact XVII – Transportation/Traffic, the proposed Project would generate approximately 993 daily vehicle trips. The length of these trips and the individual vehicle fuel efficiencies are not known; therefore, the resulting energy consumption cannot be accurately calculated. However, it can be assumed that such a volume of vehicle trips would consume a generous amount of fuel. Adopted federal vehicle fuel standards have continually improved since their original adoption in 1975 and assists in avoiding the inefficient, wasteful, and unnecessary use of energy by vehicles. Additionally, the proposed Project will be located in a major shopping area that is surrounded by residential land uses. A high-frequency bus line is within ¼ mile of the proposed Project and the site will be developed with pedestrian accessibility in mind, which will reduce VMT, thereby further reducing the amount of energy consumed by the proposed Project. As discussed previously, the proposed Project would be required to implement and be consistent with existing energy design standards at the local and state level. The Project would be subject to energy conservation requirements in the California Energy Code and CALGreen. Adherence to state code requirements would ensure that the Project would not result in wasteful and inefficient use of non- renewable resources due to building operation. Therefore, any impacts are less than significant. Mitigation Measures: None are required. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-37 VI I. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the most recently Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-38 VI I. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact adopted Uniform Building Code creating substantial direct or indirect risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? AFFECTED ENVIRONMENT The Project site is located within the San Joaquin Valley structural basin, bounded to the east by the Sierra Nevada Mountain Range and to the west by the Coastal Ranges. The Project area is located on the high alluvial fan of the San Joaquin River. The site is relatively flat at an elevation of 320 feet above mean sea level in an area of intense urban uses. The Project site is mapped as containing soils classified as San Joaquin Sandy Loam, shallow, 0-3 percent slopes (Natural Resources Conservation Service, US Department of Agriculture, Soil Survey Geographic Database). RESPONSES a-i. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-39 a-ii. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? a-iii. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? a-iv. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Less Than Significant Impact. The proposed Project site is not located in an earthquake fault zone as delineated by the 1972 Alquist-Priolo Earthquake Fault Zoning Map Act. The nearest known potentially active fault is the Clovis Fault, located about nine miles east of the site. No active faults have been mapped within the Project boundaries, so there is no potential for fault rupture. It is anticipated that the proposed Project site would be subject to some ground acceleration and ground shaking associated with seismic activity during its design life. The Project site would be engineered and constructed in strict accordance with the earthquake resistant design requirements contained in the latest edition of the California Building Code (CBC) for seismic zone III, as well as Title 24 of the California Administrative Code, and therefore would avoid potential seismically induced hazards on planned structures. The impact of seismic hazards on the Project would be less than significant. Mitigation Measures: None are required. b. Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact With Mitigation. Construction activities associated with the Project involves excavation of existing asphalt pavement and concrete as well as ground preparation work for the new office building and parking areas. These activities could expose barren soils to sources of wind or water, resulting in the potential for erosion and sedimentation on and off the Project site. During construction, nuisance flow caused by minor rain could flow off -site. The City and/or contractor would be required to employ appropriate sediment and erosion control BMPs as part of a Stormwater Pollution Prevention Plan (SWPPP) that would be required in the California National Pollution Discharge Elimination System (NPDES). In addition, soil erosion and loss of topsoil would be minimized through implementation of the SVJAPCD fugitive dust control measures (See Section III). Once construction is complete, the Project would not result in soil erosion or loss of topsoil. Mitigation Measure GEO – 1 (requirement to prepare a SWPPP) will ensure that impacts remain less than significant. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-40 Mitigation Measures: Project-specific Mitigation Measures GEO – 1. See attached Project-specific Mitigation Measure Monitoring Checklist. c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the most recently adopted Uniform Building Code creating substantial risks to life or property? Less Than Significant Impact With Mitigation. See Section VIa. above. The site is not at significant risk from earthquakes, ground shaking, liquefaction, or landslide and is otherwise considered geologically stable. Subsidence is typically related to over-extraction of groundwater from certain types of geologic formations where the water is partly responsible for supporting the ground surface. However, the site may be subject to soil hazards including existing fills and settlement potential that could adversely impact proposed structures. Mitigation Measure GEO – 2 (requirement for a design level geotechnical analysis) will reduce impacts to a less than significant level. Mitigation Measures: Project-specific Mitigation Measures GEO – 2. See attached Project-specific Mitigation Measure Monitoring Checklist. e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The Project does not include the construction, replacement, or disturbance of septic tanks or alternative wastewater disposal systems. The Project will be required to tie into existing sewer services (See Utilities section for more details). Therefore, there is no impact. Mitigation Measures: None are required. f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. As identified in the previous cultural studies perform for the Project site, there are no known paleontological resources on or near the site. (See Section V. for more details). Mitigation measures have been added that will protect unknown (buried) resources during construction, including paleontological resources. In addition, the site is substantially developed Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-41 with the remainder a dirt lot that has been graded. There are no unique geological features on site or in the area. Therefore, there is a less than significant impact. Mitigation Measures: None are required. In conclusion, with Project-specific mitigation measures incorporated, the Project will not result in any geological impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-42 VI II. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? AFFECTED ENVIRONMENT Various gases in the earth’s atmosphere play an important r ole in moderating the earth’s surface temperature. Solar radiation enters earth’s atmosphere from space and a portion of the radiation is absorbed by the earth’s surface. The earth emits this radiation back toward space, but the properties of the radiation change from high-frequency solar radiation to lower-frequency infrared radiation. GHGs are transparent to solar radiation, but are effective in absorbing infrared radiation. Consequently, radiation that would otherwise escape back into space is retained, resulting in a warming of the earth’s atmosphere. This phenomenon is known as the greenhouse effect. Scientific research to date indicates that some of the observed climate change is a result of increased GHG emissions associated with human activity. Among the GHGs contributing to the greenhouse effect are water vapor, carbon dioxide (CO2), methane (CH4), ozone, Nitrous Oxide (NOx), and chlorofluorocarbons. Human-caused emissions of these GHGs in excess of natural ambient concentrations are considered responsible for enhancing the greenhouse effect. GHG emissions contributing to global climate change are attributable, in large part, to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. In California, the transportation sector is the largest emitter of GHGs, followed by electricity generation. Global climate change is, indeed, a global issue. GHGs are global pollutants, unlike criteria pollutants and TACs (which are pollutants of regional and/or local concern). Global climate change, if it occurs, could potentially affect water resources in California. Rising temperatures could be anticipated to result in sea-level rise (as polar ice caps melt) and possibly change the timing and amount of precipitation, which could alter water quality. According to some, climate change could result in more extreme weather patterns; both heavier precipitation that could lead to flooding, as well as more extended drought Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-43 periods. There is uncertainty regarding the timing, magnitude, and nature of the potential changes to water resources as a result of climate change; however, several trends are evident. Snowpack and snowmelt may also be affected by climate change. Much of California’s precipitation falls as snow in the Sierra Nevada and southern Cascades, and snowpack represents approximately 35 percent of the state’s useable annual water supply. The snowmelt typically occurs from April through July; it provides natural water flow to streams and reservoirs after the annual rainy season has ended. As air temperatures increase due to climate change, the water stored in California’s snowpack could be affected by increasing temperatures resulting in: (1) decreased snowfall, and (2) earlier snowmelt. RESPONSES a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The U.S. Environmental Protection Agency published a rule for the mandatory reporting of greenhouse gases from sources that in general emit 25,000 metric tons or more of carbon dioxide (CO2) per year. As shown in the CalEEMod results (Appendix A), the Project will produce the following CO2: Construction (2019) 252.66 MT/yr Construction (2020) 275.50 MT/yr Operation (2020) 1,071.07 MT/yr Combined: 1,599.23 MT/yr To be conservative, the proposed Project construction and operational CO2 emissions are combined and the Project is estimated to produce 1,599.23 tons per year of CO2. This represents approximately six percent of the reporting threshold. The City of Fresno prepared a Greenhouse Gas Reduction Plan (Appendix F-2 of the General Plan MEIR) as part of the General Plan Update, which included an emission reduction target for demonstrating consistency with State greenhouse gas reduction targets. The General Plan contains several policies designed to reduce greenhouse gas emissions. Due to its proposed location at the Fig Garden Financial Center, as well as its location on a vacant / underutilized parcel, the Project is consistent with the following policies: Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-44 Policy UF‐12‐b: Activity Centers. Mixed‐use designated areas along BRT and/or transit corridors are appropriate for more intensive concentrations of urban uses. Typical uses could include commercial areas; employment centers; schools; compact residential development; religious institutions; parks; and other gathering points where residents may interact, work, and obtain goods and services in the same place. Policy UF‐12‐e: Access to Activity Centers. Promote adoption and implementation of standards supporting pedestrian activities and bicycle linkages from surrounding land uses and neighborhoods into Activity Centers and to transit stops. Provide for priority transit routes and facilities to serve the Activity Centers. Policy LU‐2‐a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and redevelopable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. Policy MT‐2‐c: Reduce VMT through Infill Development. Provide incentives for infill development that would provide jobs and services closer to housing and multi‐modal transportation corridors, and vice versa, in order to reduce citywide vehicle miles travelled. Policy RC‐2‐a Link Land Use to Transportation. Promote mixed‐use, higher density infill development in multi‐modal corridors. Support land use patterns that make more efficient use of the transportation system and plan future transportation investments in areas of higher‐ intensity development. Discourage investment in infrastructure that would not meet these criteria. Policy RC‐8‐a Existing Standards and Programs. Continue existing beneficial energy conservation programs, including adhering to the California Energy Code in new construction and major renovations. In addition, the proposed Project will comply with the following City of Fresno GHG Reduction Plan strategies: • Energy Efficiency in New Buildings: the Project will meet or exceed Title 24 Energy Efficiency Standards. • Water Conservation: The Project will implement the City of Fresno Water Conservation Program, including implementation of the State’s Water Efficient Landscape Ordinance. The California Water Conservation Act mandates a 20 percent reduction in water usage by 2020. The City has a reduction target of per capita water usage in the City’s water service area to 230 gpd per capita Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-45 (25 percent below the current consumption rate) in 2035. The City will meet the reduction target with measures applicable to new and existing development. Reductions beyond the state mandated 20 percent are possible with the use of building and landscaping water conservation features. The reductions from buildings can be achieved with high efficiency toilets, low‐flow faucets, and water‐efficient appliances such as dishwashers. Water savings from landscaping would be achieved primarily through the use of drought‐tolerant landscaping or xeriscaping. • Bicycle and Pedestrian Infrastructure: The Project includes a small park within the Fig Garden Financial Center and enhanced pedestrian access to the green space, providing local residents and employees with additional access to open space. The Project also includes pedestrian access to the Fig Garden district from the adjacent residential areas. • Compact and Infill Development: The Project will make use of an existing underutilized space where similar facilities are located and public transit is available. More intense commercial development increases opportunities for walking, bicycling and transit use for some trips, thereby reducing vehicle trips. The City’s GHG Reduction Plan, Section 6.2.2 – New Discretionary Development requiring a General Plan Amendment (3.) states that projects currently designated for residential or commercial development that increase development densities and intensities and comply with all other relevant General Plan policies and City design standards are considered to have less than significant GHG impacts. The proposed Project is consistent with the City’s General Plan policies pertaining to greenhouse gases, and implements greenhouse gas reduction features included in the City’s GHG Reduction Plan . Therefore, the impact is considered less than significant. Construction emissions Emissions from construction are temporary in nature. The SJVAPCD has implemented a guidance policy for development projects within their jurisdiction. This policy, “Guidance for Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA,” approved by the Board on December 17, 2009, does not address temporary GHG emissions from construction, nor does this policy establish numeric thresholds for ongoing GHG emissions. Therefore, construction-generated GHGs are less than significant. Mitigation Measures: None are required. In conclusion, the Project will not result in any greenhouse gas impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-46 IX. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f. Impair implementation of or physically interfere with an adopted emergency Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-47 IX. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact response plan or emergency evacuation plan? g. Expose people or structures either directly or indirectly to a significant risk of loss, injury or death involving wildland fires? AFFECTED ENVIRONMENT Hazardous materials refer generally to hazardous substances that exhibit corrosive, poisonous, flammable, and/or reactive properties and have the potential to harm human health and /or the environment. There are no known hazardous material producing facilities in the vicinity of the Project. The Project is located adjacent to and within the existing Fig Garden Financial Center and is adjacent to residential housing. There are no schools within ¼ mile and the Project site is not within two miles of any airports. RESPONSES a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. Construction of the Project would require the use and transport of hazardous materials, including fuels, oils, and other chemicals (e.g., paints, lead, adhesives, etc.) typically used during construction. It is likely that these hazardous materials and vehicles would be stored by the contractor(s) on-site during construction activities. Improper use and transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. However, all materials used during construction would be contained, stored, and handled in compliance with applicable standards and regulations established by the Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-48 Department of Toxic Substances Control (DTSC), the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). In addition, a Storm Water Pollution Prevention Plan (SWPPP) is required for the Project (see Mitigation Measure GEO – 1) and shall include emergency procedures for incidental hazardous materials releases. The SWPPP also includes Best Management Practices which includes requirements for hazardous materials storage. The use of hazardous materials would be confined to the Project construction period. The Project itself, once constructed, will not contain, use or produce any hazardous materials. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. No schools are located within 0.25 mile of the Project site. This condition precludes the possibility of activities associated with the proposed Project exposing schools within a 0.25‐mile radius of the Project site to hazardous materials. No impact would occur. Mitigation Measures: None are required. d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less Than Significant Impact. A database search was conducted to identify recorded hazardous materials incidents in the Project area. The search included recorded incidents on the National Priorities List (NPL), State Priority List (SPL), the Superfund Comprehensive Environmental Response Compensation and Liability Information System List (CERLIS), the EPA’s emergency response notification system list (ERNS), and other federal, state, and local agency databases. The Project site was not listed in any of the databases searched. See also Response b. Pursuant to Mitigation Measure HAZ – 1, the Project proponent will be required to prepare a Phase 1 Environmental Site Assessment. Therefore, there the impact will be less than significant. Mitigation Measures: None are required. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-49 Less Than Significant Impact. According to the Fresno County Airport Land Use Compatibility Plan (adopted December 2018), the proposed Project site is within the airport land use plan area for the Fresno Yosemite International Airport, which is located approximately 4 miles southeast of the site. Fresno Yosemite International Airport is owned and operated by the City of Fresno. The Airport is approximately five miles northeast of downtown Fresno. The 2017 – 2021 National Plan of Integrated Airport Systems classifies the Airport as a small hub primary facility, and the 2013 California Aviation System Plan (CASP) considers it a primary small hub metropolitan airport. The Airport sits at an elevation of 336 feet above mean sea level. The Airport is a joint use civilian and military facility used by commercial air carriers, air cargo operators, charter operators, the State of California, general aviation, and the United States military. The California National Guard uses a 58‐acre portion of the southeastern part of the Airport. The Army National Guard, the California Division of Forestry, corporate aviation businesses, and two fixed base operators also lease facilities from the Airport.11 According to the Airport Land Use Compatibility Plan, the proposed Project site is located within the Precision Approach Zone of the Fresno Yosemite International Airport. This zone includes the 14 CFR Part 77 Outer Approach Transitional Surface and Precision Approach Surface. These Surfaces are used at airports with runways with an existing or planned Precision Instrument Appro ach. The aircraft accident risk level is considered to be low within the Precision Approach Zone.12 The proposed Project is located in an area that has three existing buildings with approximate 60 foot heights. As such, the proposed new 60-foot high office building would not create any new safety hazards to future occupants or airport operations. The Project has been reviewed by the Fresno County Airport Land Use Commission who evaluated all Project components including building height, lighting and glare and approved the Project at their February 2019 meeting. Therefore, the impact is less than impact. Mitigation Measures: None are required. f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 11 Fresno County Airport Land Use Compatibility Plan (2018), Appendix D. 12 Fresno County Airport Land Use Compatibility Plan (2018), Page 3-3. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-50 Less Than Significant Impact. To accommodate the new office building and parking area, the Project will require abandonment of a portion N. Colonial Avenue and W. San Jose Avenue where those streets meet adjacent to the Project site. The intention is to create a cul-de-sac with an adequately sized turn-around pocket just south of the intersection of N. Colonial Avenue and W. San Ramon Avenue and a second cul- de-sac turn-around pocket on W. San Jose Avenue just north of the proposed new par king area. This will eliminate thru-traffic along this route. However, access to the new parking area and the new office building will be provided from W. San Jose Avenue. The turn-around pockets have been adequately sized for emergency vehicles and will provide emergency vehicle access to the site and surrounding area as needed. The City has consulted with its police, fire and ambulance service providers to determine that the proposed Project provides adequate emergency access to the Project site and surrounding areas. The City will also provide specific construction schedules and pertinent Project information so that adequate access is maintained at all times. Therefore, the Project will have a less than significant impact. Mitigation Measures: None are required. g. Expose people or structures either directly or indirectly to a significant risk of loss, injury or death involving wildland fires? No Impact. Implementation of the Project would not change the degree of exposure to wildfires because there are no wildlands in the Project vicinity, thus precluding the possibility of wildfires. Therefore, there is no impact. Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any hazards or hazardous materials impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-51 X. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off- site; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. impede or redirect flood flows? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-52 X. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? AFFECTED ENVIRONMENT According to the City’s adopted Urban Water Management Plan (2015), the City’s existing water system consists of about 1,799 miles of transmission and distribution pipelines, 260 active municipal groundwater wells, 224 of which registered flows in the past year, 2 surface water treatment facilities of rated capacities of 2 and 30 mgd, 3 water storage facilities, and 4 booster pump facilities. The distribution system was previously divided into four quasi-pressure zones to help regulate and optimize system pressures as there is an approximate 120 feet of elevation decre ase running across the city from the northeast to the southwest. The City of Fresno will provide water to the office building, however, the Project will be required to tie into the City’s existing water service infrastructure. RESPONSES a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less Than Significant Impact. The Project has the potential to impact water quality standards and/or waste discharge requirements during construction (temporary impacts) and operation. Impacts are discussed below. Construction Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-53 Although the proposed Project site is relatively small in scale, grading, excavation, removal of vegetation cover, and loading activities associated with construction activities could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas. Three general sources of potential short-term construction-related stormwater pollution associated with the proposed Project are: 1) the handling, storage, and disposal of construction materials containing pollutants; 2) the maintenance and operation of construction equipment; and 3) earth moving activities which, when not controlled, may generate soil erosion and transportation, via storm runoff or mechanical equipment. Generally, routine safety precautions for handling and storing construction materials may effectively mitigate the potential pollution of stormwater by these materials. These same types of common sense, “good housekeeping” procedures can be extended to non-hazardous stormwater pollutants such as sawdust and other solid wastes. Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or other fluids on the construction site are also common sources of stormwater pollution and soil contamination. In addition, grading activities can greatly increase erosion processes. Two general strategies are recommended to prevent construction silt from entering local storm drains. First, erosion control procedures should be implemented for those areas that must be exposed. Secondly, the area should be secured to control offsite migration of pollutants. These Best Management Practices (BMPs) would be required in the Stormwater Pollution Prevention Plan (SWPPP) to be prepared prior to commencement of Project construction. When properly designed and implemented, these “good- housekeeping” practices are expected to reduce short-term construction-related impacts to less than significant. In accordance with the National Pollution Discharge Elimination System (NPDES) Stormwater Program, as discussed in Section 3.5 Geology and Soils the Project will be required to comply with existing regulatory requirements to prepare a SWPPP designed to control erosion and the loss of topsoil to the extent practicable using BMPs that the Regional Water Quality Control Board (RWQCB) has deemed effective in controlling erosion, sedimentation, runoff during construction activities. The specific controls are subject to the review and approval by the RWQCB and are an existing regulatory requirement. Operation The proposed office building will result in wastewater from restroom and kitchen facilities that will be discharged into the City’s existing wastewater treatment system. The effluent produced by the Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-54 Project will be typical of other office buildings and therefore is not anticipated to produce any discharge that would violate the City’s waste discharge requirements. According to projections used in the City of Fresno Wastewater Collection System Master Plan (2006), wastewater from office buildings is estimated to be approximately 200 gallons per day (GPD) per 1,000 sq. ft. of space. Using this rate, the proposed Project would generate approximately 18,000 gallons per day (GPD) of wastewater (90,000 sq. ft. of office space @ 200 GPD per 1,000 sq. ft.). For purposes of comparison, the previously occupied 44-unit apartment building (since demolished) is estimated to have used approximately 8,157 GPD (assuming 103 GPD/person). The Fresno-Clovis Regional Water Treatment Facility has a design capacity of 88,000,000 GPD. At 18,000 GPD, the proposed Project would generate a negligible increase in wastewater of less than 0.00002%. Therefore, the impact is less than significant. Mitigation Measures: None are required. b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact With Mitigation. The Project does not propose any wells on the site; the City of Fresno Department of Public Utilities Water Division has determined that no new or expanded water supply facilities are necessary to serve the Project. The Project’s potential impacts related to water supply and groundwater resources (to the extent that groundwater represents the City’s primary source of supply) are more appropriately addressed within the context of the adequacy of existing water supply infrastructure in the Project area. Please see Section XVIII. Utilities and Service Systems. Water service would be provided to the Project by the City of Fresno. Project demands for groundwater resources in connection with the proposed Project would not substantially deplete water supplies. The proposed Project is not anticipated to result in additional demands for water resources beyond those considered in the 2015 UWMP. The proposed office building would result in less water demand than anticipated in the 2015 UWMP based on the site’s existing land use designation (residential). The Project would, however, increase demand for water resources beyond existing levels (vacant land). Current on-site water use is primarily associated with exterior landscaping and maintenance requirements. As a result, the Project would potentially affect water resources by increasing on-site water use as compared to current on-site use. While the Project would increase demand for water resources beyond current levels, the Project would utilize less water than the water demand projections contained in the 2015 UWMP with Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-55 respect to development of this site. The site is currently designated for residential housing. If the Project area were developed fully with residential uses, the water use would exceed that of the office building. Therefore, the Project’s water demands were effectively considered under the terms of that UWMP. Based on the assumptions in the City’s UWMP, the Project would not negatively impact water supplies or otherwise deplete groundwater supplies. Moreover, the proposed Project is not anticipated to interfere with groundwater recharge efforts being implemented by the City. The City’s UWMP contains a detailed evaluation of existing sources of water supply, anticipated future water demand, extensive conservation measures, and the development of new water supplies (recycled water, increased recharge, surface water treatment, etc.). Measures contained in the UWMP as well as the City’s General Plan are intended to reduce demands on groundwater resources by augmenting supply and introducing conservation measures and other mitigation strategies. The proposed Project will implement Mitigation Measure HYD – 1 which includes water use reduction measures. The proposed Project would not require new or expanded water entitlements and there is sufficient water supply for the Project. Therefore, the impact is less than significant. Mitigation Measures: Project-specific Mitigation Measures HYD – 1. See attached Project- specific Mitigation Measure Monitoring Checklist. The proposed Project would not substantially deplete groundwater resources such that a significant environmental impact would occur. Therefore, the impact is less than significant. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. result in substantial erosion or siltation on- or offsite; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. impede or redirect flood flows? Less Than Significant Impact With Mitigation. The Project includes minor changes to the e xisting stormwater drainage pattern of the area through the installation of asphalt, the office building, parking Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-56 areas, landscaping, curb, gutter and sidewalks. The Project area was previously planned for residential uses rather than for commercial uses. Therefore, as a condition of approval, the Project applicant will be required to mitigate the impacts of increased runoff from the proposed office development and parking area. The Project has been reviewed by the Fresno Metropolitan Flood Control District and conditions and requirements of the Project pertaining to storm drain facilities have been provided to the Project developer. The Project developer will be required to prepare a drainage / grading plan as identified in Mitigation Measure HYD – 2 (preparation of a drainage / grading plan). Therefore, with mitigation, the Project will have a less than significant impact. Mitigation Measures: Project-specific Mitigation Measures HYD – 2. See attached Project- specific Mitigation Measure Monitoring Checklist. d. In flood hazard, tsunami or seiche zones, risk release of pollutants due to project inundation? e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. The Project is not within a regulatory floodway or within a base floodplain (100 year) elevation. In addition, the Project does not include any housing or structures that would be subject to flooding either from a watercourse or from dam inundation. There are no bodies of water near the site that would create a potential risk of hazards from seiche, tsunami or mudflow. The Project will not conflict with any water quality control plans or sustainable groundwater management plan. Therefore, there are no impacts. Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any hydrologic impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-57 XI. LAND USE AND PLANNING Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Physically divide an established community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? AFFECTED ENVIRONMENT The Project site is located within the Bullard Community Planning area in the City of Fresno, California. The Project site is situated near the northeast corner of Palm Avenue and Shaw Avenue, and is bounded by N. Palm Avenue to the west, W. San Ramon Avenue, N. Colonial Avenue and W. San Jose Avenue to the north, the Fig Garden Village shopping center to the southwest, and single - and multi-family residential development to the north, south, and east. RESPONSES a. Physically divide an established community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact With Mitigation. The site is located at the existing Fig Garden Financial Center adjacent to Fig Garden Village in a relatively busy mixed-use area including shopping, services and housing in central Fresno. The immediate vicinity is comprised of large office buildings, parking areas and residential housing. To the north and east of the proposed office building is residential housing while existing office buildings are located to the south and west. The propo sed new parking area is surrounded by residential housing to the north and south, a vacant lot to the east, and an office building to the west. The area is highly disturbed with urban uses. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-58 Zoning APN 417-140-21 is zoned RS-5/EQ (Residential Single-Family / Equine Overlay) APN 417-231-16 is zoned RMX (Regional Mixed-Use) APN 417-140-26 is zoned RMX/cz (Regional Mixed-Use / Conditions of Zoning) APN 417-231-19 is zoned RMX/cz (Regional Mixed-Use / Conditions of Zoning) The Project has no characteristics that would physically divide the City of Fresno. Although a portion of a thru-street will be abandoned, the result would not physically divide an established community, as access to the existing residential and commercial establishments will remain. The proposed Project would conflict with the current zoning and planned land use for the site. As such, the Project is pursuing a zone change and planned land use change. The proposed Mitigation Measure LU -1 (requirement to obtain appropriate entitlements) will reduce the impacts to a less than significant level. With the approved zoning and land use changes, the proposed Project will be consistent with the following land use policies: Fresno General Plan The Fresno General Plan designates the subject site as planned land use Residential Medium Density. Plan Amendment/Rezone Application No. P18-3659 proposes to amend the Fresno General Plan and Bullard Community Plan planned land use from Residential Medium Density to Regional Mixed Use. The proposed Project is compatible with goals, objectives, and policies included in the Fresno General Plan, including: • Goal No. 1 of the Fresno General Plan encourages the use of urban form, land use, and Development Code policies to streamline permit approval, promote local educational excellence and workforce relevance, significantly increase business development and expansion, retain and attract talented people, create jobs and sustained economic growth, strategically locate employment lands and facilities, and avoid over-saturation of a single type of housing, retail or employment. • Goal No. 7 of the Fresno General Plan encourage s the provision for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city. • Goal No. 8 of the Fresno General Plan encourages the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-59 building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. • Goal No. 12 of the Fresno General Plan encourages the resolution of existing public infrastructure and service deficiencies, full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth. • Implementing Policies LU-1-a and LU-2-a of the Fresno General Plan promote development of vacant, underdeveloped, and re-developable land within the within the Existing City Limits as of December 31, 2012 where urban services are available. • Objective LU-6 of the Fresno General Plan promotes the retention and enhancement of existing commercial areas to strengthen Fresno’s economic base and development of new office, retail, and lodging use districts on sites which will serve neighborhoods and regional visitors. • Fresno General Plan Policy LU-6-a fosters high quality design, diversity, and a mix of amenities in new development with uses through the consideration of guidelines, regulations and design review procedures. Plan Amendment/Rezone Application No. P18-3659, as the initial step in the future development of an approximately 90,000-square-foot, 4-story expansion of office uses at The Fig Garden Financial Center, would aid in the accommodation of sustained economic growth and the expansion of employment in an area with surrounding residential and retail uses, avoiding over-saturation of a single type of housing, retail or employment in the area. The applicant has also been working with local residents on the concept of a park within the Fig Garden Financial Center and enhanced pedestrian access to the complex’s green space, providing local residents and employees with additional access to open space. As an expansion of an existing use in a developed urban area, the future Project would make use of existing public infrastructure and services. The proposed development would be evaluated at the time of the development permit application submittal to determine possible impacts to public infrastructure and services. At that time, the proposed development may be required to construct or contribute to infrastructure and/or service improvements. Bullard Community Plan Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-60 Upon reviewing the policies contained in the Plan, staff has determined that there ar e no policies that are more restrictive than those contained in the FMC. The proposed Project is compatible with goals and policies included in the Bullard Community Plan, including: • Goal 4.2.3-5 promotes office land use designations of a size, configuration, location and visibility that would be attractive to prospective office users. • Policy 4.2.4-4 indicates that commercial areas shall be designed such that commercial traffic will not route through local residential streets. • Policy 4.2.4-7-d indicates that no commercial or office building shall be constructed within fifty-feet of the property line of abutting properties zoned or planned for residential uses. The proposed Project prepares the subject properties for an expansion of the existing office use at Fig Garden Financial Center with a concept that inhibits commercial traffic passing through local residential streets. The future location of the new office building, while not yet part of an official application, conceptually places the building at a greater distance from existing residential uses than attempting to place an office building on the northeast corner of North Colonial and West San Jose Avenues directly abutting single-family residences. See Exhibit I for the conceptual site plan. Fresno County Airport Land Use Compatibility Plan On December 3, 2018, the Airport Land Use Commission (ALUC) adopted the Fresno County Airport Land Use Compatibility Plan. The proposed Project is within the Airport Influence Area of Fresno Yosemite International Airport and must be reviewed by the ALUC. The subject site is located in the Precision Approach Zone, where the Safety Criteria Matrix for the Plan indicates no limit on Project density but does require Federal Aviation Administration (FAA) 7460 review to determine that development will not exceed the airport’s airspace protection surface. As the Project does not include a development permit application with building elevations at this time, the FAA review will not be required for the ALUC to review the proposed plan amendment/rezone application. It should be noted that Fig Garden Financial Center already has existing buildings of the same mass and height as the future office building concept. Mitigation Measures: Project-specific Mitigation Measures LU - 1. See attached Project-specific Mitigation Measure Monitoring Checklist. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-61 XII. MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? RESPONSES a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. There are no known mineral resources in the Project area and none are identified in the City’s General Plan near the Project site. Therefore, there is no impact. Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any mineral resource impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-62 XIII. NOISE Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne vibration or groundborne noise levels? c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? AFFECTED ENVIRONMENT Noise is most often described as unwanted sound. Although sound can be easily measured, the perception of noise and the physical response to sound complicate the analysis of its impact on people. The City of Fresno is impacted by a multitude of noise sources. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities, and they are predominant sources of noise in the City. In addition, commercial, industrial, and institutional land uses throughout the City (i.e., schools, fire stations, utilities) generate stationary-source noise. The Project is located in an intensively developed commercial/office area, but is adjacent to residential housing. The predominant noise sources in the Project area include traffic on local roadways and typical noise associated with shopping centers such as Fig Garden Village and residential noise (lawn mowers, audio equipment, voices, etc.). Sensitive receptors in the area include the residential housing adjacent to the Project areas. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-63 RESPONSES a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. Short-term (Construction) Noise Impacts Proposed Project construction related activities will involve temporary noise sources and are anticipated to begin in 2019 through 2020. Typical construction related equipment include graders, trenchers, small tractors and excavators. During the proposed Project construction, noise from construction related activities will contribute to the noise environment in the immediate vicinity. Activities involved in construction will generate maximum noise levels, as indicated in Table 5, ranging from 79 to 91 dBA at a distance of 50 feet, without feasible noise control (e.g., mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise controls. Tabl e 5 Typical Construction Noise Levels Type of Equipment dBA at 50 ft Without Feasible Noise Control With Feasible Noise Control Dozer or Tractor 80 75 Excavator 88 80 Scraper 88 80 Front End Loader 79 75 Backhoe 85 75 Grader 85 75 Truck 91 75 The distinction between short-term construction noise impacts and long-term operational noise impacts is a typical one in both CEQA documents and local noise ordinances, which generally recognize the reality that short-term noise from construction is inevitable and cannot be mitigated beyond a certain level. Thus, local agencies frequently tolerate short-term noise at levels that they would not accept for permanent noise sources. A more severe approach would be impractical and might preclude the kind of construction activities that are to be expected from time to time in urban environments. Most residents of urban areas recognize this reality and expect to hear construction activities on occasion. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-64 In addition, construction activities would not occur between the hours of 10:00 PM and 7:00 AM, Monday through Saturday, in accordance with Fresno Municipal Code Section 10-109, which limits work hours “to between the hours of 7 AM and 10 PM on any day except Sunday.” Further restrictions on construction noise may be placed on the Project as determined through the Conditional Use permit process. Long-term (Operational) Noise Impacts The primary source of on-going noise from the Project will be from vehicles traveling to and from the site. The Project will result in an increase in traffic on some roadways in the Project area. However, the relatively low number of new trips associated with the Project is not likely to increase the ambient noise levels by a significant amount. Policy H-1-b of the City’s Noise Element addresses significant Project- related increases in ambient noise levels for evaluation of noise impacts. A significant increase is assumed to occur if a project causes the ambient noise level to increase by the following amounts: Where ambient noise levels are <60 dB : an increase of 5 dB or more Where ambient noise levels are 60-65 dB: an increase of 3 dB or more Where ambient noise levels are >65 dB : an increase of 1.5 dB or more Given the relatively large amount of existing vehicular activity in the Project area, the small increase in traffic associated with the new office building (less than 1,000 daily trips), is not expected to increase ambient noise levels by more than 1 dB. The area is highly active with vehicles, commercial establishments and other noise generating sources and the proposed Project will not introduce a new source of noise that isn’t already occurring in the area. Other operational noise generation from air conditioning systems or other mechanical equipment will be si milar to the other offices in the area and will be shielded to dampen the noise impacts. Therefore, the impact is considered less than significant. Mitigation Measures: None are required. e. For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is located within an airport land use plan but is located well outside the CNEL contours. Therefore, there is no impact. Mitigation Measures: None are required. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-65 In conclusion, with mitigation incorporated, the Project will not result in any noise impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-66 XI V. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? AFFECTED ENVIRONMENT The Project consists of the construction and operation of a professional office building. There is no new housing associated with the Project, however a 44-unit apartment building previously occupied a portion of the site (since demolished). RESPONSES a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. There are no new homes associated with the proposed Project. The relatively minor amount of new employment opportunities that would be created by the proposed Project could be readily filled by the existing employment base, given the City’s existing unemployment rates. The proposed Project will not affect any region al population, housing, or employment projections anticipated by City policy documents. There is a less than significant impact. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-67 Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any population or housing impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-68 XV. PUBLIC SERVICES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? AFFECTED ENVIRONMENT The site is located at the existing Fig Garden Financial Center adjacent to Fig Garden Village in a relatively busy mixed-use area including shopping, services and housing in central Fresno. The immediate vicinity is comprised of large office buildings, parking areas and residential housing. The area is served by City of Fresno Police, Fire, the Fresno Unified School District and other public facilities. RESPONSES a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-69 Fire protection? Police Protection? Schools? Parks? Other public facilities? Less Than Significant Impact. Police protection services would be provided to the Project site from the existing Northwest District Station, which is situated on 3781 N. Hughes Ave, approximately three miles from the Project site. The Project is located within the Northwest District. The Project site is located in an area currently served by the Police Department; the Department would not need to expand its existing service area or construct a new facility to serve the Project site. According to the City of Fresno Fire Department, the proposed Project would be served by Station 11, which is located at 5544 North Fresno, approximately 0.5 miles from the Project site. Project development would result in an incremental increase in demand for fire protection services due to the introduction of a new commercial office building within the Project area. According to the Fire Department, response times to the Project site would be within the Department’s stated goal of four minutes. As a result, the Project would not adversely impact the Department’s ability to provide fire protection services within the Project area or adversely impact target response times such that additional facilities would need to be constructed. The proposed Project, as a condition of approval, will be required to comply with all applicable fire and building safety codes (California Building Code and Uniform Fire Code) to ensure adequate fire safety elements are incorporated into final Project design, including the providing minimum turning radii for fire equipment. Proposed driveways will be required to provide appropriate widths and turning radii to safely accommodate emergency response and the transport of emergency/public safety vehicles. The Project will also be designed to meet Fire Department requirements regarding fire flow, water storage requirements, hydrant spacing, infrastructure sizing, and emergency access. As a result, appropriate fire safety considerations will be included as part of the final design of the Project. Based on the above analysis, the proposed Project would not impact the Department’s ability to provide fire protection services within the Project area. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-70 The Project does not include any housing and thus would not impact any school facilities. In addition, the Project includes a small park area that will be open to the public, the environmental impacts of which are addressed in this document. The Project has no design, construction or operational characteristics that would necessitate the need for new or expanded facilities related to fire protection, police protection, schools, parks, or other public facilities. There is no housing related or population inducing component of the Project. The Project applicant will be required to pay standard development impact fees for the public services described herein as determined by the City of Fresno. Therefore, there is a less than significant impact. Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any public services impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-71 XVI. RECREATION Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? AFFECTED ENVIRONMENT There are no parks or recreational facilities in the immediate vicinity of the Project site. However, the Project includes construction of a small park area that will be open to the public. RESPONSES a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The Project has no design, construction or operational characteristics that would necessitate the need for new or expanded facilities related to recreational facilities. There is no housing related or population inducing component of the Project. However, the Project is likely to improve park/recreational facilities by constructing a small park to be located north of the new parking area adjacent to W. San Jose Avenue. Therefore, there is no impact. Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any recreation impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-72 XVII. TRANSPORTATION/ TRAFFIC Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access? AFFECTED ENVIRONMENT The Project site is located near the northeast corner of Palm Avenue and Shaw Avenue, and is bounded by N. Palm Avenue and the Fig Garden Financial Center to the west, W. San Ramon Avenue, N. Colonial Avenue and W. San Jose Avenue to the north, the Fig Garden Village shopping center to the south, and single- and multi-family residential development to the north, south, and east. A Trip Generation Analysis for the Project was prepared by Precision Civil Engineering (See Appendix B). RESPONSES a. Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-73 b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access? Less Than Significant Impact. To accommodate the new office building and parking area, the Project will require abandonment of a portion N. Colonial Avenue and W. San Jose Avenue where those streets meet adjacent to the Project site. The intention is to create a “dead-end” cul-de-sac with an adequately sized turn-around pocket just south of the intersection of N. Colonial Avenue and W. San Ramon Avenue and a second cul-de-sac turn-around pocket on W. San Jose Avenue just north of the proposed new parking area. This will eliminate thru-traffic along this route. However, access to the Project will be provided from W. San Jose Avenue. The turn-around pockets have been adequately sized for emergency vehicles and will provide emergency vehicle access to the site and surrounding area as needed. The “Mobility and Transportation” element of the City of Fresno General Plan 2035 breaks down the City of Fresno into four Traffic Impact Zones (TIZ’s) on General Plan Figure MT-4. The Project lies within TIX- II, which represents areas of the City that are mostly developed and built out. To encourage infill development and minimize upfront infrastructure cost, the peak hour Level of Service (LOS) shall be maintained at LOS E or better for all intersections and roadway segments. The trigger for requiring a Traffic Impact Study (TIS) for all development within the TIZ-II is when a Project is anticipated to generate 200 or more new peak hour trips. As identified below, the Project will result in less than 200 peak hour trips and thus a full TIS is not warranted. Trip Generation Analysis Project trip generation was developed assuming approximately 90,000 square feet of usable office space would be available. According to the Institute of Transportation Engineers, Trip Generation (Ninth Edition), the Project will generate approximately 993 daily trips and is anticipated to have 141 AM peak hour trips and 134 PM peak hour trips (See Table 6 below). Table 6 Proposed Project Trip Generation Project Component Total Daily Trips AM Peak Hour In AM Peak Hour Out PM Peak Hour In PM Peak Hour Out General Office ITE Code 710 993 124 17 23 111 Total: 141 Total: 134 Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-74 With the proposed abandonment and restricted access to the existing local roads, the proposed trips wil l gain access to the Project site through the existing commercial and office developments to the west. San Jose Avenue and Palm Avenue will be the main access point. According to the Trip Generation Analysis, the intersections of Palm/Shaw, Palm/San Jose and Palm/Barstow, are all signalized. The City should continue to monitor these intersections and adjust signal timing as needed to improve the level of service. The City of Fresno Public Works Department, Traffic and Engineering Services Division determined that the Project does not represent a significant change in traffic beyond existing levels generated by the current office uses in the Fig Garden Financial Center. The Project will not conflict with plans or policies pertaining to transit, roadway, bicycle and pedestrian facilities. Nor is the Project inconsistent with CEQA Guidelines section 15064.3 subdivision (b). The Project is located in an area served by transit and is proximate to other destinations such as restaurants and shopping opportunities in the Fig Garden Village located adjacent to the Project. The Project includes the addition of pedestrian facilities (walkways, sidewalks, curbs and ADA facilities), as well as bicycle storage accommodations. Implementation of the Project will be beneficial to such facilities. The Project is consistent with the following General Plan policies pertaining to public transit, bicycle or pedestrian facilities: Policy UF‐12‐b: Activity Centers. Mixed‐use designated areas along BRT and/or transit corridors are appropriate for more intensive concentrations of urban uses. Typical uses could include commercial areas; employment centers; schools; compact residential development; religious institutions; parks; and other gathering points where residents may interact, work, and obtain goods and services in the same place. Policy UF‐12‐e: Access to Activity Centers. Promote adoption and implementation of standards supporting pedestrian activities and bicycle linkages from surrounding land uses and neighborhoods into Activity Centers and to transit stops. Provide for priority transit routes and facilities to serve the Activity Centers. Policy MT‐2‐c: Reduce VMT through Infill Development. Provide incentives for infill development that would provide jobs and services closer to housing and multi‐modal transportation corridors, and vice versa, in order to reduce citywide vehicle miles travelled. Policy RC‐2‐a Link Land Use to Transportation. Promote mixed‐use, higher density infill development in multi‐modal corridors. Support land use patterns that make more efficient use of the transportation system and plan future transportation investments in areas of higher‐ intensity development. Discourage investment in infrastructure that would not meet these criteria. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-75 The City of Fresno also prepared an Active Transportation Plan (ATP) in 2016, which envisions a complete, safe and comfortable network of trails, sidewalks and bikeways that serves all residents of Fresno. While there are no established trails associated with the site, as previously mentioned, the Project will provide pedestrian access from adjacent residential neighborhoods, will provide bicycle storage facilities and will not otherwise conflict with any policies or programs included in the ATP. In order to ensure that impacts remain less than significant, Mitigation Measures TRA – 1 (provide pedestrian connectivity to adjacent residents), TRA – 2 (provide bicycle storage), TRA – 3 (maintain emergency vehicle access), and TRA – 4 (payment of transportation impact fees) have been included. Mitigation Measures: Project-specific Mitigation Measures TRA – 1, TRA – 2, TRA – 3, and TRA - 4. See attached Project-specific Mitigation Measure Monitoring Checklist. It is also recommended that the City continue to monitor the intersections of Palm/Shaw, Palm/San Jose and Palm/Barstow and adjust signal timing to improve the intersection level of services. In conclusion, with mitigation incorporated, the Project will not result in any transportation impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-76 XVIII. TRIBAL CULTURAL RESOURCES Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-77 RESPONSES a). Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less Than Significant Impact In accordance with Assembly Bill (AB) 52 and Senate Bill (SB) 18, potentially affected Tribes were formally notified of this Project and were given the opportunity to request consultation on the Project. The City contacted the Native American Heritage Commission, requesting a contact list of applicable Native American Tribes, which was provided to the City. The City provided letters to the listed Tribes, notifying them of the Project and requesting consultation, if desired. A total of ten Tribes were contacted of which four (4) indicated they had no comment, and the remaining six (6) did not respond to the invitation to comment and consult. Therefore, there is a less than significant impact. Mitigation Measures: None are required. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-78 XIX. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-79 AFFECTED ENVIRONMENT The City of Fresno provides water, sewer, storm drain and solid waste services. The Project will be responsible for constructing infrastructure to tie into these services. RESPONSES a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact With Mitigation. The Project includes minor changes to the existing stormwater drainage pattern of the area through the installation of asphalt, the office building, parking areas, landscaping, curb, gutter and sidewalks. The Project area was previously planned for residential uses rather than for commercial uses. Therefore, as a condition of approval, the Project applicant will be required to mitigate the impacts of increased runoff from the proposed office development and parking area. The Project has been reviewed by the Fresno Metropolitan Flood Control District and conditions and requirements of the Project pertaining to storm drain facilities have been provided to the Project developer. The Project developer will be required to prepare a drainage / grading plan as identified in Mitigation Measure HYD – 2 (preparation of a drainage / grading plan). Therefore, with mitigation, the Project will have a less than significant impact. Mitigation Measures: Project-specific Mitigation Measures HYD – 2. See attached Project- specific Mitigation Measure Monitoring Checklist. b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact With Mitigation. Water service would be provided to the Project by the City of Fresno and the City of Fresno Department of Public Utilities Water Division has determined that no new or expanded water supply facilities are necessary to serve the Project. Project demands for groundwater resources in connection with the proposed Project would not substantially deplete water supplies. The proposed Project is not anticipated to result in additional demands for water resources beyond those considered in the 2015 UWMP. The proposed office building would result in less water demand than anticipated in the 2015 UWMP based on the site’s existing land use designation (residential). The Project would, however, increase demand for water resources beyond existing levels (vacant land). Current on-site water use is primarily associated with exterior landscaping Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-80 and maintenance requirements. As a result, the Project would potentially affect water resources by increasing on-site water use as compared to current on-site use. While the Project would increase demand for water resources beyond current levels, the Project would utilize less water than the water demand projections contained in the 2015 UWMP with respect to development of this site. The site is currently designated for residential housing. If the Project area were developed fully with residential uses, the water use would exceed that of the office building. Therefore, the Project’s water demands were effectively considered under the terms of that UWMP. Based on the assumptions in the City’s UWMP, the Project would not negatively impact water supplies or otherwise deplete groundwater supplies. Moreover, the proposed Project is not anticipated to interfere with groundwater recharge efforts being implemented by the City. The City’s UWMP contains a detailed evaluation of existing sources of water supply, anticipated future water demand, extensive conservation measures, and the development of new water supplies (recycled water, increased recharge, surface water treatment, etc.). Measures contained in the UWMP as well as the City’s General Plan are intended to reduce demands on groundwater resources by augmenting supply and introducing conservation measures and other mitigation strategies. The proposed Project will implement Mitigation Measure HYD – 1 which includes water use reduction measures. The proposed Project would not require new or expanded water entitlements and there is sufficient water supply for the Project. Therefore, the impact is less than significant. Mitigation Measures: Project-specific Mitigation Measures HYD – 1. See attached Project- specific Mitigation Measure Monitoring Checklist. c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less Than Significant Impact. The proposed office building will result in wastewater from restroom and kitchen facilities that will be discharged into the City’s existing wastewater treatment system. The effluent produced by the Project will be typical of other office buildings and therefore is not anticipated to produce any discharge that would violate the City’s waste discharge requirements. The City of Fresno Public Works Department has reviewed the Project and has determined that it has adequate capacity to serve the Project. For more information, please refer to the Hydrology section of this Chapter. Therefore, the impact is less than significant. Mitigation Measures: None are required. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-81 d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact. The Project will be served by the City of Fresno Department of Public Utilities (Trash Disposal and Recycling) who has reviewed the Project. The location will be serviced by Allied Waste and will require a 2-cell trash enclosure with adequate access for trash pickup vehicles. Therefore, the impact is less than significant. Mitigation Measures: None are required. In conclusion, with mitigation incorporated, the Project will not result in any utility or service system impacts beyond those analyzed in MEIR SCH No. 2012111015. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-82 XX. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? AFFECTED ENVIRONMENT Although the City of Fresno is proximate to high and very high fire hazard designated areas, the City itself is largely categorized as little or no threat or moderate fire hazard, which is largely attributed to paved areas.13 Some small areas along the San Joaquin River Bluff in the northern portion of the City of 13 City of Fresno. General Plan and Development Code Update. Master Environmental Impact Report. Page 5.13-4. https://www.fresno.gov/darm/wp-content/uploads/sites/10/2016/11/Sec-05-13-Public-Services-Fresno-MEIR.pdf. Accessed January 2019. Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-83 Fresno are prone to wildfire due to the relatively steep terrain and vegetation and are classified as having a high fire hazard. The City does have an adopted Emergency Operations Plan (EOP); however, the EOP does not designate evacuation routes, which may not be necessary since Fresno does not face any expected natural hazards from likely sources or locations.14 The proposed Project site is relatively flat at an elevation of 320 feet above mean sea level in an area of intense urban uses. It is located near the northeast corner of Palm Avenue and Shaw Avenue, and is bounded by N. Palm Avenue and the Fig Garden Financial Center to the west, W. San Ramon Avenue, N. Colonial Avenue and W. San Jose Avenue to the north, the Fig Garden Village shopping center to the south, and single- and multi-family residential development to the north, south, and east. RESPONSES a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Less Than Significant Impact. The proposed Project is located in the center of a highly urbanized area (buildings, roads, ect.) which precludes the risk of wildfire. The area is flat in nature which would limit the risk of downslope flooding and landslides, and limit any wildfire spread. To receive building permits, the proposed Project would be required to be in compliance with the adopted emergency response plan. As such, any wildfire risk to the Project structures or people would be less than significant. Mitigation Measures: None are required. 14 City of Fresno General Plan. December 2014. Page 9-36. https://www.fresno.gov/darm/wp- content/uploads/sites/10/2016/11/GP9NoiseandSafety.pdf. Accessed January 2019 Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-84 XXI. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporation Less than Significant Impact No Impact a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-85 RESPONSES a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact With Mitigation. The analyses of environmental issues contained in this Initial Study indicate that the proposed Project is not expected to have substantial impact on the environment or on any resources identified in the Initial Study. Mitigation measures have been incorporated in the Project to reduce all potentially significant impacts to less than significant. b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. All Project- related impacts were determined to be either less than significant, or less than significant after mitigation. The proposed Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increase need for housing, increase in traffic, air pollutants, etc.). Due to extensive buildout of the area and existing land constraints, it is not anticipated that further substantial commercial or residential development will occur in the area. As such, Project impacts are not considered to be cumulatively considerable given the lack of proposed new development in the area and the insignificance of Project-induced impacts. The impact is therefore less than significant. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Fig Garden Office Complex | Chapter 3 CITY OF FRESNO | Crawford & Bowen Planning, Inc. 3-86 Less than Significant Impact With Mitigation. The analyses of environmental issues contained in this Initial Study indicate that the Project is not expected to have substantial impact on human beings, either directly or indirectly. Mitigation measures have been incorporated in the Project to reduce all potentially significant impacts to less than significant. Chapter 4 MITIGATION MONITORING & REPORTING PROGRAM Project Specific Mitigation Measure Monitoring Checklist This Project Specific Mitigation Monitoring Checklist has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for Environmental Assessment No. P18-03659. These Project Specific Mitigation Measures are in addition to the applicable mitigation measures from the City of Fresno MEIR. Mitigation Measure Party responsible for Implementing Mitigation Timing Party responsible for Monitoring Verification (name/date) Geology/Soils Mitigation Measure GEO – 1 In order to reduce on-site erosion due to project construction and operation, an erosion control plan and Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for the site preparation, construction, and post -construction periods by a registered civil engineer or certified professional. The erosion control plan shall incorporate best management practices consistent with the requirements of the National Pollution Discharge Elimination System (NPDES). The erosion component of the plan must at least meet the requirements of the SWPPP required by the California State Water Resources Control Board. If earth disturbing activities are proposed between October 15 and April 15, these activities shall be limited to the extent feasible to minimize potential erosion related impacts. Additional erosion control measures shall be implemented in consultation with the City of Fresno. Prior to the issuance of any permit, the project proponent shall submit detailed plans to the satisfaction of the City of Fresno. The components of the erosion control plan and SWPPP shall be monitored for effectiveness by City of Fresno. Erosion control measures may include, but not be limited to, the following: a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction; b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads; c. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds; d. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; and e. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures. Project Applicant Prior to issuance of grading permits City of Fresno Mitigation Measure Party responsible for Implementing Mitigation Timing Party responsible for Monitoring Verification (name/date) Mitigation Measure GEO – 2 The project proponent shall retain a registered geotechnical engineer to prepare a design level geotechnical analysis prior to the issuance of any grading and/or building permit. The design-level analysis shall address site preparation measures and foundation design requirements of the project. The design-level analysis shall be prepared to the satisfaction of the City of Fresno. Final design-level project plans shall be designed in accordance with the approved geotechnical analysis. This shall include certification of engineered fills and subgrade preparation through monitoring of earthwork and compaction testing by a geotechnical engineer during construction. Hydrology Mitigation Measure HYD – 1 The project proponent shall retain a qualified consultant to prepare a drainage / grading plan prior to the issuance of any grading and/or building permit. The design-level analysis shall be prepared to the satisfaction of the City of Fresno. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing storm drain system. Mitigation Measure HYD - 2 The Project will implement the City of Fresno Water Conservation Program, including implementation of the State’s Water Efficient Landscape Ordinance. The California Water Conservation Act mandates a 20 percent reduction in water usage by 2020. The City will meet the reduction target with measures applicable to new and existing development. Reductions beyond the state mandated 20 percent are possible with the use of building and landscaping water conservation features. The reductions from buildings can be achieved with high efficiency toilets, low‐flow faucets, Project Applicant Prior to issuance of building permits City of Fresno Mitigation Measure Party responsible for Implementing Mitigation Timing Party responsible for Monitoring Verification (name/date) and water‐efficient appliances such as dishwashers. Water savings from landscaping would be achieved primarily through the use of drought‐tolerant landscaping or xeriscaping. Land Use Mitigation Measure LU – 1 As a condition of approval, the project developer will be required to obtain the following entitlements: ▪ General Plan Amendment for 417-140-21 from planned land use from RM (Residential Medium Density) to RMX (Regional Mixed-Use); ▪ Rezone Application for 417-140-21 from RS-5 / EQ (Residential Single-Family / Equine Overlay) zone district to the RMX (Regional Mixed Use) zone district; ▪ Rezone Application to Modify Conditions of Zoning for 417-231-19 and 417-140-26 to remove previously established conditions of zoning. Project Applicant / City of Fresno Condition of Approval City of Fresno Traffic Mitigation Measure TRA – 1 Provide pedestrian connectivity to the adjacent commercial shopping center and the existing residential developments to the west and north. Mitigation Measure TRA – 2 Provide bicycle storage facilities on- site to encourage use of pedestrian, bicycle and transit modes for accessing the project site. Mitigation Measure TRA – 3 Access to San Jose Avenue and N. Project Applicant Prior to issuance of building permits City of Fresno Mitigation Measure Party responsible for Implementing Mitigation Timing Party responsible for Monitoring Verification (name/date) Colonial Avenue should be restricted to emergency access only. Mitigation Measure TRA – 4 The project shall pay into applicable transportation fee programs. These include a Fresno Major Street Impact Fee (FMSI), a Traffic Signal Mitigation Impact Fee (TSMI) and a Regional Transportation Mitigation Fee (RTMF). The FMSI Fee will be calculated and assessed during the building permit process. The RTMF will be calculated and assessed by Fresno COG. MEIR Mitigation Measure Monitoring Checklist for Environmental Assessment No. P18-03659 for the Fig Garden Financial Office Complex Project May 2019 INCORPORATING MEASURES FROM THE MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) CERTIFIED FOR THE CITY OF FRESNO GENERAL PLAN UPDATE (SCH No. 2012111015) A - Incorporated into Project B - Mitigated C - Mitigation in Progress . D - Responsible Agency Contacted E - Part of City-wide Program F - Not Applicable The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Fresno is responsible for verifying that mitigation is performed/completed. Page 1 This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). It was certified as part of the Fresno City Council’s approval of the MEIR for the Fresno General Plan update (Fresno City Council Resolution 2014-225, adopted December 18, 2014). Letter designations to the right of each MEIR mitigation measure listed in this Exhibit note how the mitigation measure relates to the environmental assessment of the above-listed project, according to the key found at right and at the bottoms of the following pages: MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F Aesthetics: AES-1. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtu res shall also be used to direct light away from adjacent light sensitive land uses such as residences. Verification comments: Prior to issuance of building permits Public Works Department (PW) and Development & Resource Management Dept. (DARM) X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 2 Aesthetics (continued): AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Verification comments: Prior to issuance of building permits DARM X X AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Verification comments: Prior to issuance of building permits DARM X X AES-4: Lighting systems for freestanding signs shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT -L when adjacent to streets which have an average light intens ity of 2.0 horizontal footcandles or greater. Verification comments: Prior to issuance of building permits DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 3 Aesthetics (continued): AES-5: Materials used on building facades shall be non - reflective. Verification comments: Prior to development project approval DARM X X Air Quality: AIR-1: Projects that include five or more heavy-duty truck deliveries per day with sensitive receptors located within 300 feet of the truck loading area shall provide a screening analysis to determine if the project has the potential to exceed criteria pollutant concentration based standards and thresholds for NO2 and PM2.5. If projects exceed screening criteria, refined dispersion modeling and health risk assessment shall be accomplished and if needed, mitigation measures to reduce impacts shall be included in the project to reduce the impacts to the extent feasible. Mitigation measures include but are not limited to: • Locate loading docks and truck access routes as far from sensitive receptors as reasonably possible considering site design limitations to comply with other City design standards. • Post signs requiring drivers to limit idling to 5 minutes or less. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 4 Air Quality (continued): AIR-2: Projects that result in an increased cancer risk of 10 in a million or exceed criteria pollutant ambient air quality standards shall implement site-specific measures that reduce toxic air contaminant (TAC) exposure to reduce excess cancer risk to less than 10 in a million. Possible control measures include but are not limited to: • Locate loading docks and truck access routes as far from sensitive receptors as reasonably possible considering site design limitations to comply with other City design standards. • Post signs requiring drivers to limit idling to 5 minutes or less • Construct block walls to reduce the flow of emissions toward sensitive receptors • Install a vegetative barrier downwind from the TAC source that can absorb a portion of the diesel PM emissions • For projects proposing to locate a new building containing sensitive receptors near existing sources of TAC emissions, install HEPA filters in HVAC systems to reduce TAC emission levels exceeding risk thresholds. • Install heating and cooling services at truck stops to eliminate the need for idling during overnight stops to run onboard systems. (continued on next page) Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 5 Air Quality (continued): AIR-2 (continued from previous page) • For large distribution centers where the owner controls the vehicle fleet, provide facilities to support alternative fueled trucks powered by fuels such as natural gas or bio-diesel • Utilize electric powered material handling equipment where feasible for the weight and volume of material to be moved. Verification comments: [see previous page] [see previous page] AIR-3: Require developers proposing projects on ARB’s list of projects in its Air Quality and Land Use Handbook (Handb ook) warranting special consideration to prepare a cumulative health risk assessment when sensitive receptors are located within the distance screening criteria of the facility as listed in the ARB Handbook. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 6 Air Quality (continued): AIR-4: Require developers of projects containing sensitive receptors to provide a cumulative health risk assessment at project locations exceeding ARB Land Use Handbook distance screening criteria or newer criteria that may be developed by the San Joaquin Valley Air Pollution Control District (SJVAPCD). Verification comments: Prior to development project approval DARM X AIR-5: Require developers of projects with the potential to generate significant odor impacts as determined through review of SJVAPCD odor complaint history for similar facilities and consultation with the SJVAPCD to prepare an odor impact assessment and to implement odor control measures recommended by the SJVAPCD or the City to the extent needed to reduce the impact to less than significant. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 7 Biological Resources: BIO-1: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special- status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special- status species. If special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Verification comments: Prior to development project approval DARM X BIO-2: Direct or incidental take of any state or federally listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the California Department of Fish and Wildlife (CDFW ) 2081 and U.S. Fish and Wildlife Service (USFWS) Section 7 or Section 10 permitting processes must take place prior to any action that (continued on next page) Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 8 Biological Resources (continued): BIO-2 (continued from previous page) may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. Verification comments: [see previous page] [see previous page] BIO-3: Development within the Planning Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and the California Endangered Species Act (CESA). Mitigation will consist of preserving on-site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant (continued on next page) Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 9 Biological Resources (continued): BIO-3 (continued from previous page): level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. Verification comments: [see previous page] [see previous page] BIO-4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted to determine if any nesting birds or nesting activity is observed on or within 500-feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities (continued on next page) Prior to development project approval and during construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 10 Biological Resources (continued): BIO-4 (continued from previous page): may continue in the vicinity of the nest only at the discretion of the biological monitor. Verification comments: [see previous page] [see previous page] BIO-5: If a proposed project will result in the removal or impact to any riparian habitat and/or a special -status natural community with potential to occur in the Planning Area, compensatory habitat-based mitigation shall be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off - site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat -based mitigation will be determined through consultati on with the appropriate agency (i.e., CDFW or USFWS) on a case-by- case basis. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 11 Biological Resources (continued): BIO-6: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. CDFW and/or USACE consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. Verification comments: Prior to development project approval DARM X BIO-7: Project-related impacts to riparian habitat or a special- status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special -status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special- status species, as determined by the CDFW and/or USFWS. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 12 Biological Resources (continued): BIO-8: If a proposed project will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to U.S. Army Corps of Engineers (USACE) accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland. Verification comments: Prior to development project approval DARM X BIO-9: In addition to regulatory agency permitting, Best Management Practices (BMPs) identified from a list provided by the USACE shall be incorporated into the des ign and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and (continued on next page) Prior to development project approval; but for long-term operational BMPs, prior to issuance of occupancy DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 13 Biological Resources (continued): BIO-9 (continued from previous page): incorporating detention basins shall assist in ensuring project - related impacts to wetland habitat are minimized to the greatest extent feasible. Verification comments: [see previous page] [see previous page] Cultural Resources: CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and (continued on next page) Prior to commencement of, and during, construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 14 Cultural Resources (continued): CUL-1 (continued from previous page) recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these . Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-germ preservation to allow future scientific study. Verification comments: [see previous page] [see previous page] CUL-2: Subsequent to a preliminary City review of the pr oject grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric (continued on next page) Prior to commencement of, and during, construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 15 Cultural Resources (continued): CUL-2 (continued from previous page) archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 16 Cultural Resources (continued): CUL-2 (further continued from previous two pages) to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during (continued on next page) [see Page 14] [see Page 14] Cultural Resources (continued): MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 17 CUL-2 (further continued from previous three pages) excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Verification comments: [see Page 14] [see Page 14] CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previo usly undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered (continued on next page) Prior to commencement of, and during, construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 18 CUL-3 (continued from previous page) resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, th e resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 19 Cultural Resources (continued): CUL-3 (further continued from previous two pages) resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Verification comments: [see Page 17] [see Page 17] CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most (continued on next page) Prior to commencement of, and during, construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 20 Cultural Resources (continued): CUL-4 (continued from previous page) likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 21 Hazards and Hazardous Materials HAZ-1: Re-designate the existing vacant land proposed for low density residential located northwest of the intersection of East Garland Avenue and North Dearing Avenue and located within Fresno Yosemite International Airport Zone 1-RPZ, to Open Space. Verification comments: Prior to development approvals DARM X HAZ-2: Limit the proposed low density residential (1 to 3 dwelling units per acre) located northwest of the airport , and located within Fresno Yosemite International Airport Zone 3-Inner Turning Area, to 2 dwelling units per acre or less. Verification comments: Prior to development approvals DARM X HAZ-3: Re-designate the current area within Fresno Yosemite International Airport Zone 5-Sideline located northeast of the airport to Public Facilities-Airport or Open Space. Verification comments: Prior to development approvals DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 22 Hazards and Hazardous Materials (continued): HAZ-4: Re-designate the current vacant lots at the northeast corner of Kearney Boulevard and South Thorne Avenue to Public Facilities-Airport or Open Space. Verification comments: Prior to development approvals DARM X HAZ-5: Prohibit residential uses within Safety Zone 1 northwest of the Hawes Avenue and South Thorne Avenue intersection. Verification comments: Prior to development approvals DARM X HAZ-6: Establish an alternative Emergency Operations Center in the event the current Emergency Operations Center is under redevelopment or blocked. Verification comments: Prior to redevelopment of the current Emergency Operations Center Fresno Fire Department and Mayor/ City Manager’s Office X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 23 Hydrology and Water Quality HYD-1: The City shall develop and implement water conservation measures to reduce the per capita water use to 215 gallons per capita per day. Verification comments: Prior to water demand exceeding water supply Department of Public Utilities (DPU) X X HYD-2: The City shall continue to be an active participant in the Kings Water Authority and the implementat ion of the Kings Basin IRWMP. Verification comments: Ongoing DPU X HYD-5.1: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan colle ction systems to less than significant. • Implement the existing Storm Drainage Master Plan (SDMP) for collection systems in drainage areas where the amount of imperviousness is unaffected by the change in land uses. (continued on next page) Prior to exceedance of capacity of existing stormwater drainage facilities Fresno Metropolitan Flood Control District (FMFCD), DARM, and PW X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 24 Hydrology and Water Quality (continued): HYD-5.1 (continued from previous page) • Update the SDMP in those drainage a reas where the amount of imperviousness increased due to the change in land uses to determine the changes in the collection systems that would need to occur to provide adequate capacity for the stormwater runoff from the increased imperviousness. • Implement the updated SDMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness. Require developments that increase site imperviousness to install, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 25 Hydrology and Water Quality (continued): HYD-5.2: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan retention basins to less than significant: Consult the SDMP to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include: • Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins. • Increase the size of the emergency relief pump capacity required to pump excess runoff volume out of the basin and into adjacent canal that convey the stormwater to a disposal facility for existing retention basins. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins. Verification comments: Prior to exceedance of capacity of existing retention basin facilities FMFCD, DARM, and PW X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 26 Hydrology and Water Quality (continued): HYD-5.3: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan urban detention (stormwater quality) basins to less than significant. Consult the SDMP to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include: • Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors. • Increase the size of the urban detention basin to increase residence time by purchasing more land. The existing detention basins are already at the adopted design depth. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins. Verification comments: Prior to exceedance of capacity of existing urban detention basin (stormwater quality) facilities FMFCD, DARM, and PW X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 27 Hydrology and Water Quality (continued): HYD-5.4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan pump disposal systems to less than significant. • Consult the SDMP to determine the extent and degree to which the capacity of the existing pump system will be exceeded. • Require new developments to install, operate, and maintain FMFCD design standard on-site detention facilities to reduce peak stormwater runoff rates to existing planned peak runoff rates. • Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDMP. Verification comments: Prior to exceedance of capacity of existing pump disposal systems FMFCD, DARM, and PW X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 28 Hydrology and Water Quality (continued): • HYD-5.5: The City shall work with FMFCD to develop and adopt an update to the SDMP for the Southeast Development Area that would be adequately designed to collect, convey and dispose of runoff at th e rates and volumes which would be generated by the planned land uses in that area. Verification comments: Prior to development approvals in the Southeast Development Area FMFCD, DARM, and PW X Public Services: PS-1: As future fire facilities are planned, the fire department shall evaluate if specific environmental effects would occur. Typical impacts from fire facilities include noise, traffic, and lighting. Typical mitigation to reduce these impacts includes: • Noise: Barriers and setbacks on the fire department sites. • Traffic: Traffic devices for circulation and a “keep clear zone” during emergency responses. • Lighting: Provision of hoods and deflectors on lighting fixtures on the fire department sites. Verification comments: During the planning process for future fire department facilities DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 29 Public Services (continued): PS-2: As future police facilities are planned, the police department shall evaluate if specific environmental effects would occur. Typical impacts from police facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from police department facilities includes: • Noise: Barriers and setbacks on the police department sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on ligh ting fixtures on the police department sites. Verification comments: During the planning process for future Police Department facilities DARM X PS-3: As future public and private school facilities are planned, school districts shall evaluate if specific environmental effects would occur with regard to public schools, and DARM shall evaluate other school facilities . Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from school facilities includes: (continued on next page) During the planning process for future school facilities DARM, local school districts, and the Division of the State Architect X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 30 Public Services (continued): PS-3 (continued from previous page) • Noise: Barriers and setbacks placed on school sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on lighting fixtures for stadium lights. Verification comments: [see previous page] [see previous page] PS-4: As future parks and recreational facilities are planned, the City shall evaluate if specific environmental effects would occur. Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from park and recreational facilities includes: • Noise: Barriers and setbacks placed on school sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on lighting fixtures for outdoor play area/field lights. Verification comments: During the planning process for future park and recreation facilities DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 31 Public Services (continued): PS-5: As future detention, court, library, and hospital facilities are planned, the appropriate agencies shall evaluate if specific environmental effects would occur. Typical impacts from court, library, and hospital facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts includes: • Noise: Barriers and setbacks placed on school sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on outdoor lighting fixtures. Verification comments: During the planning process for future detention, court, library, and hospital facilities DARM, to the extent that agencies constructing these facilities are subject to City of Fresno regulation X Utilities and Service Systems USS-1: The City shall develop and implement a wastewater master plan update. Verification comments: Prior to wastewater conveyance and treatment demand exceeding capacity DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 32 Utilities and Service Systems (continued): USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional developme nt that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements: • Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment and Reclamation Facility and obtain revised waste discharge permits as the generation of wastewater is increased. • Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased . Verification comments: Prior to exceeding existing wastewater treatment capacity DPU X USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After (continued on next page) Prior to exceeding existing wastewater treatment capacity DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 33 Utilities and Service Systems (continued): USS-3 (continued from previous page) approximately the year 2025, the City shall construct the following improvements: • Construct an approximately 24 MGD wastewater trea tment facility within the Southeast Development Area and obtain revised waste discharge requirements as the generation of wastewater is increased. • Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment and Reclamation Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Verification comments: [see previous page] [see previous page] USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented, subject to approval by the City (and Fresno County, when work is being done in unincorporated area roadways). The plan shall identify access and parking restrictions, pavement markings and signage, and hours of construction and for deliveries. It shall include haul routes, the notification plan, and coordination with emergency service providers and schools. Verification comments: Prior to construction of water and sewer facilities PW for work in the City; PW and Fresno County Public Works and Planning when unincorporated area roadways are involved X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 34 Utilities and Service Systems (continued): USS-5: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. • Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27 inches to 42 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07-REP. • Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33 inches to 60 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1-REP and CM2-REP. (continued on next page) Prior to exceeding capacity within the existing wastewater collection system facilities DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 35 Utilities and Service Systems (continued): USS-5 (continued from previous page) • North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48 inches to 66 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1. • Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24 inches to 36 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 36 Utilities and Service Systems (continued): USS-6: Prior to exceeding capacity within the existing 28 pipeline segments shown in Figures 1 and 2 in Appendix J-1, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. Verification comments: Prior to exceeding capacity within the existing 28 pipeline seg- ments shown in Figures 1 and 2 in Appendix J-1 of the MEIR DPU X USS-7: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. • Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update (2014 Met ro Plan Update) Phase 2 Report, dated January 2012. (continued on next page) Prior to exceeding existing water supply capacity DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 37 Utilities and Service Systems (continued): USS-7 (continued from previous page) • Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9 -1 of the 2014 Metro Plan Update. Verification comments: [see previous page] [see previous page] USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided by approximately 2025. • Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. (continued on next page) Prior to exceeding capacity within the existing water conveyance facilities DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 38 Utilities and Service Systems (continued): USS-8 (continued from previous page) • Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9 -1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan an d Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of A shlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 39 Utilities and Service Systems (continued): USS-8 (continued from previous two pages) • Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch diameter, in accordance with Chapter 9 and Figure 9 -1 of the 2014 Metro Plan Update. • Construct 95.9 miles of 16-inch diameter transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Verification comments: [see Page 37] [see Page 37] USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. (continued on next page) Prior to exceeding capacity within the existing water conveyance facilities DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 40 Utilities and Service Systems (continued): USS-9 (continued from previous page) • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. Verification comments: [see previous page] [see previous page] Utilities and Service Systems - Hydrology and Water Quality USS-10: In order to maintain Fresno Irrigation District canal operability, FMFCD shall maintain operational intermittent flows during the dry season, within defined channel capacity and downstream capture capabilities, for recharge. Verification comments: During the dry season Fresno Irrigation District (FID) X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 41 Utilities and Service Systems - Biological Resources: USS-11: When FMFCD proposes to provide drainage service outside of urbanized areas: (a) FMFCD shall conduct preliminary investigations on undeveloped lands outside of highly urbanized areas. These investigations shall examine wetland hydrology, vegetation and soil types. These preliminary investigations shall be the basis for making a determination on whether or not more in -depth wetland studies shall be necessary. If the proposed project site does not exhibit wetland hydrology, support a prevalence of wetland vegetation and wetland soil types then no further action is required. (b) Where proposed activities could have an impact on areas verified by the Corps as jurisdictional wetlands or waters of the U.S. (urban and rural streams, seasonal wetlands, and vernal pools), FMFCD shall obtain the necessary Clean Water Act, Section 404 permits for activities where fill material shall be placed in a wetland, obstruct the flow or circulation of waters of the United States, impair or reduce the reach of such waters. As part of FMFCD’s Memorandum of Understanding with CDFG, Section 404 and 401 permits would be obtained from the U.S. Army Corps of Engineers and from the (continued on next page) Prior to development approvals outside of highly urbanized areas California Regional Water Quality Control Board (RWQCB), and USACE X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 42 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous page) Regional Water Quality Control Board for any activity involving filling of jurisdictional waters). At a minimum, to meet “no net loss policy,” the permits shall require replacement of wetland habitat at a 1:1 ratio. (c) Where proposed activities could have an impact on areas verified by the Corps as jurisdictional wetlands or waters of the U.S. (urban and rural streams, seasonal wetlands, and vernal pools), FMFCD shall submit and implement a wetland mitigation plan based on the wetland acreage verified by the U.S. Army Corps of Engineers. The wetland mitigation plan shall be prepared by a qualified biologist or wetland scientist experienced in wetland creation, and shall include the following or equally effective elements: i. Specific location, size, and existing hydrology and soils within the wetland creation area. ii. Wetland mitigation techniques, seed source, planting specifications, and required buffer setbacks. In addition, the mitigation plan shall ensure adequate water supply is provided to the created wetlands in order to maintain the proper (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 43 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous two pages) hydrologic regimes required by the different types of wetlands created. Provisions to ensure the wetland water supply is maintained in perpetuity shall be included in the plan. iii. A monitoring program for restored, enhanced, created, and preserved wetlands on the project site. A monitoring program is required to meet three objectives; 1) establish a wetland creation success criteria to be met; 2) to specify monitoring methodology; 3) to identify as far as is possible, specific remedial actions that will be required in order to achieve the success criteria; and 4) to document the degree of success achieved in establishing wetland vegetation. (d) A monitoring plan shall be developed and implemented by a qualified biologist to monitor results of any on-site wetland restoration and creation for five years. The monitoring plan shall include specific success criteria, frequency and timing of monitoring, and assessment of whether or not maintenance activities are being carried out and how these shall be adjusted if necessary. (continued on next page) [see Page 41] [see Page 41] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 44 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous three pages) If monitoring reveals that success criteria are not being met, remedial habitat creation or restoration should be designed and implemented by a qualified biologist and subject to five years of monitoring as described above. Or (e) In lieu of developing a mitigation plan that outlines the avoidance, purchase, or creation of wetlands, FMFCD could purchase mitigation credits through a Corps approved Mitigation Bank. Verification comments: [see Page 41] [see Page 41] USS-12: When FMFCD proposes to provide drainage service outside in areas that support seasonal wetlands or vernal pools: (a) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools, FMFCD shall conduct a preliminary rare plant assessment. The assessment will determine the likelihood on whether or not the project site could support rare plants. If it is determined that the project site would not support rare plants, then no further (continued on next page) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools California Department of Fish & Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 45 Utilities and Service Systems - Biological Resources (continued): USS-12 (continued from previous page) action is required. However, if the project site has the potential to support rare plants; then a rare plant survey shall be conducted. Rare plant surveys shall be conducted by qualified biologists in accordance with the most current CDFG/USFWS guidelines or protocols and shall be conducted at the time of year when the plants in question are identifiable. (b) Based on the results of the survey, prior to design approval, FMFCD shall coordinate with CDFG and/or implement a Section 7 consultation with USFWS, shall determine whether the project facility would result in a significant impact to any special status plant spe cies. Evaluation of project impacts shall consider the following: • The status of the species in question (e.g., officially listed by the State or Federal Endangered Species Acts). • The relative density and distribution of the on-site occurrence versus typical occurrences of the species in question. (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 46 Utilities and Service Systems - Biological Resources (continued): USS-12 (continued from previous two pages) • The habitat quality of the on-site occurrence relative to historic, current or potential distribution of the population. (c) Prior to design approval, and in consultation with the CDFG and/or the USFWS, FMFCD shall prepare and implement a mitigation plan, in accordance with any applicable State and/or federal statutes or laws, that reduces impacts to a less than significant level. Verification comments: [see Page 44] [see Page 44] USS-13: When FMFCD proposes to provide drainage service outside in areas that support seasonal wetlands or vernal pools: (a) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools, FMFCD shall conduct a preliminary survey to determine the presence of listed vernal pool crustaceans. (continued on next page) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools CDFW and USFWS X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 47 Utilities and Service Systems - Biological Resources (continued): USS-13 (continued from previous page) (b) If potential habitat (vernal pools, seasonally inundated areas) or fairy shrimp exist within areas proposed to be disturbed, FMFCD shall complete the first and second phase of fairy shrimp presence or absence surveys. If an absence finding is determined and accepted by the USFWS, then no further mitigation shall be required for fairy shrimp. (c) If fairy shrimp are found to be present within vernal pools or other areas of inundation to be impacted by the implementation of storm drainage facilities, FMFCD shall mitigate impacts on fairy shrimp habitat in accordance with the USFWS requirements of the Programmatic Biological Opinion. This shall include on-site or off-site creation and/or preservation of fairy shrimp habitat at ratios ranging from 3:1 to 5:1 depending on the habitat impacted and the choice of on-site or off-site mitigation. Or mitigation shall be the purchase of mitigation credit through an accredited mitigation bank. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 48 Utilities and Service Systems - Biological Resources (continued): USS-14: When FMFCD proposes to construct drainage facilities in an area where elderberry bushes may occur: (a) During facility design and prior to initiation of construction activities, FMFCD shall conduct a project- specific survey for all potential Valley Elderberry Longhorn Beetle (VELB) habitats (elderberry shrubs), including a stem count and an assessment of historic or current VELB habitat. (b) FMFCD shall avoid and protect all potential identified VELB habitat where feasible. (c) Where avoidance is infeasible, develop and implement a VELB mitigation plan in accordance with the most current USFWS mitigation guidelines for unavoidable take of VELB habitat pursuant to either Section 7 or Section 10(a) of the Federal Endangered Species Act. The mitigation plan shall include, but might not be limited to, relocation of elderberry shrubs, planting of elderberry shrubs, and monitoring of relocated and planted elderberry shrubs. Verification comments: During facility design and prior to initiation of construction activities CDFW and USFWS X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 49 Utilities and Service Systems - Biological Resources (continued): USS-15: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat, FMFCD shall conduct a survey of trees. If nests are found during the survey, a qualified biolo gist shall assess the nesting activity on the project site. If active nests are located, no construction activities shall be allowed within 250 feet of the nest until the young have fledged. If construction activities are planned during the no n-breeding period (August through February), a nest survey is not necessary. Verification comments: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat CDFW and USFWS X USS-16: When FMFCD proposes to construct drainage facilities in an area that supports bird nesting habitat: (a) FMFCD shall conduct a pre-construction breeding- season survey (approximately February 1 through August 31) of proposed project sites in suitable habitat (levee and canal berms, open grasslands with suitable burrows) during the same calendar year that construction is planned to begin. If phased construction procedures are planned for the proposed project, the results of the above survey shall be valid only for the season when it is conducted. (continued on next page) Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat CDFW and USFWS X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 50 Utilities and Service Systems - Biological Resources (continued): USS-16 (continued from previous page) (b) During the construction stage, FMFCD shall avoid all burrowing owl nest sites potentially disturbed by project construction during the breeding season while the nest is occupied with adults and/or young. The occupied nest site shall be monitored by a qualified biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a 160-foot diameter non-disturbance buffer zone around the nest site. Disturbance of any nest sites shall only occur outside of the breeding season and when the nests are unoccupied based on monitoring by a qualified biologist. The buffer zone shall be delineated by highly visible temporary construction fencing. Based on approval by CDFG, pre-construction and pre- breeding season exclusion measures may be implemented to preclude burrowing owl occupation of the project site prior to project-related disturbance. Burrowing owls can be passively excluded from potential nest sites in the construction area, either by closing the burrows or placing one -way doors in the burrows according to current CDFG protocol. Burrows shall be examined not more than 30 days before construction to ensure that no owls have recolonized the area of construction. (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 51 Utilities and Service Systems - Biological Resources (continued): USS-16 (continued from previous two pages) For each burrow destroyed, a new burrow shall be created (by installing artificial burrows at a ratio of 2:1 on protected lands nearby. Verification comments: [see Page 49] [see Page 49] USS-17: When FMFCD proposes to construct drainage facilities in the San Joaquin River corridor: (a) FMFCD shall not conduct instream activities in the San Joaquin River between October 15 and April 15. If t his is not feasible, FMFCD shall consult with the National Marine Fisheries Service and CDFW on the appropriate measures to be implemented in order to protect listed salmonids in the San Joaquin River. (b) Riparian vegetation shading the main channel that is removed or damaged shall be replaced at a ratio and quantity sufficient to maintain the existing shading of the channel. The location of replacement trees on or within (continued on next page) During instream activities conducted between October 15 and April 15 National Marine Fisheries Service (NMFS), CDFW , and Central Valley Flood Protection Board (CVFPB) X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 52 Utilities and Service Systems / Biological Resources (continued): USS-17 (continued from previous page) FMFCD berms, detention ponds or river channels shall be approved by FMFCD and the Central Valley Flood Protection Board. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Recreation / Trails: USS-18: When FMFCD updates its District Service Plan: Prior to final design approval of all elements of the District Services Plan, FMFCD shall consult with Fresno County, City of Fresno, and City of Clovis to determine if any element would temporarily disrupt or permanently displace adopted existing or planned trails and associated recreational facilities as a result of the proposed District Services Plan. If the proposed project would not temporarily disrupt or permanently displace adopted existing or planned trails, no further mitigation is necessary. If the proposed project would have an effect on the trails and associated facilities, FMFCD shall implement the following: (continued on next page) Prior to final design approval of all elements of the District Services Plan DARM, PW, City of Clovis, and County of Fresno X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 53 Utilities and Service Systems – Recreation / Trails (continued): USS-18 (continued from previous page) (a) If short-term disruption of adopted existing or planned trails and associated recreational facilities occur, FMFCD shall consult and coordinate with Fresno County, City of Fresno, and City of Clovis to temporarily re-route the trails and associated facilities. (b) If permanent displacement of the adopted existing or planned trails and associated recreational facilities occur, the appropriate design modifications to prevent permanent displacement shall be implemented in the final project design or FMFCD shall replace these facilities. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Air Quality: USS-19: When District drainage facilities are constructed, FMFCD shall: (a) Minimize idling time of construction equipment vehicles to no more than ten minutes, or require that engines be shut off when not in use. (continued on next page) During storm water drainage facility construction activities Fresno Metropolitan Flood Control District and SJVAPCD X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 54 Utilities and Service Systems – Air Quality (continued): USS-19 (continued from previous page) (b) Construction shall be curtailed as much as possible when the Air Quality Index (AQI) is above 150. AQI forecasts can be found on the SJVAPCD web site. (c) Off-road trucks should be equipped with on-road engines if possible. (d) Construction equipment should have engines that meet the current off-road engine emission standard (as certified by CARB), or be re-powered with an engine that meets this standard. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Adequacy of Storm Water Drainage Facilities: USS-20: Prior to exceeding capacity within the existing storm water drainage facilities, the City shall coordinate with FMFCD to evaluate the storm water drainage system and shall not approve additional development that would convey additional storm water to a facility that would experience an exceedance of capacity until the necessary additional capacity is provided. Verification comments: Prior to exceeding capacity within the existing storm water drainage facilities FMFCD, PW, and DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR Fig Garden Financial Center Office May 2019 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 55 Utilities and Service Systems – Adequacy of Water Supply Capacity: USS-21: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development th at demand additional water until additional capacity is provided. By approximately the year 2025, the City shall construct an approximately 25,000 AF/year tertiary recycled water expansion to the Fresno- Clovis Regional Wastewater Reclamation Facility in accordance with the 2013 Recycled Water Master Plan and the 2014 City of Fresno Metropolitan Water Resources Management Plan update. Implementation of Mitigation Measure USS -5 is also required prior to approximately the year 2025. Verification comments: Prior to exceeding existing water supply capacity DPU and DARM X X Utilities and Service Systems – Adequacy of Landfill Capacity: USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not appr ove additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Verification comments: Prior to exceeding landfill capacity DPU and DARM X X Chapter 5 PREPARERS Fig Garden Office Complex | Chapter 5 CITY OF FRESNO| Crawford & Bowen Planning, Inc. 5-1 LIST OF PREPARERS AND CONSULTATIONS List of Preparers Crawford & Bowen Planning, Inc. • Travis Crawford, AICP, Principal Environmental Planner • Emily Bowen, LEED AP, Principal Environmental Planner Persons and Agencies Consulted City of Fresno • Margo Lerwill, Planner Appendices Appendix A Air Emissions Output Table Project Characteristics - Land Use - Project includes a 4-story office building with 90,000 sq ft of floor space on a 1.08 acre lot. Project also includes a 2.35 acre parking lot, which will be built over a demolished 44-unit apartment building. Construction Phase - Vehicle Trips - Weekday trip rate has been reconciled with the Trip Generation Analysis performed by Precision Civil Enginnering, Inc. Mobile Land Use Mitigation - Proposed Project is within 1/4 mile of Fig Garden Village - a major job center and within 1/2 mile of the City of Fresno Palm/Butler Bus Service. 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Office Park 90.00 1000sqft 1.08 90,000.00 0 Parking Lot 329.00 Space 2.35 131,600.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company 2000Operational Year CO2 Intensity (lb/MWhr) 0 0CH4 Intensity (lb/MWhr) 0N2O Intensity (lb/MWhr) Fig Garden Land Holdings Plan Amendment San Joaquin Valley Unified APCD Air District, Annual CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 1 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 2.0 Emissions Summary Table Name Column Name Default Value New Value tblLandUse LotAcreage 2.07 1.08 tblLandUse LotAcreage 2.96 2.35 tblVehicleTrips WD_TR 11.42 11.03 CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 2 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2019 0.2024 1.8806 1.3831 2.8100e- 003 0.1185 0.0954 0.2139 0.0511 0.0893 0.1404 0.0000 251.4244 251.4244 0.0492 0.0000 252.6533 2020 0.8419 1.6818 1.4552 3.0900e- 003 0.0623 0.0819 0.1442 0.0169 0.0770 0.0939 0.0000 274.2992 274.2992 0.0481 0.0000 275.5004 Maximum 0.8419 1.8806 1.4552 3.0900e- 003 0.1185 0.0954 0.2139 0.0511 0.0893 0.1404 0.0000 274.2992 274.2992 0.0492 0.0000 275.5004 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2019 0.2024 1.8806 1.3831 2.8100e- 003 0.1185 0.0954 0.2139 0.0511 0.0893 0.1404 0.0000 251.4242 251.4242 0.0492 0.0000 252.6530 2020 0.8419 1.6818 1.4552 3.0900e- 003 0.0623 0.0819 0.1442 0.0169 0.0770 0.0939 0.0000 274.2990 274.2990 0.0481 0.0000 275.5002 Maximum 0.8419 1.8806 1.4552 3.0900e- 003 0.1185 0.0954 0.2139 0.0511 0.0893 0.1404 0.0000 274.2990 274.2990 0.0492 0.0000 275.5002 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 3 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.4680 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Energy 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 Mobile 2.2952 9.9751 25.3707 0.0635 0.7080 0.2671 0.9751 0.1907 0.2548 0.4455 0.0000 1,243.483 4 1,243.483 4 0.2695 0.0000 1,250.219 5 Waste 0.0000 0.0000 0.0000 0.0000 16.9903 0.0000 16.9903 1.0041 0.0000 42.0929 Water 0.0000 0.0000 0.0000 0.0000 5.0748 0.0000 5.0748 0.5212 0.0123 21.7732 Total 2.7742 10.0757 25.4619 0.0641 0.7080 0.2747 0.9827 0.1907 0.2624 0.4531 22.0651 1,352.897 4 1,374.962 5 1.7969 0.0143 1,424.151 0 Unmitigated Operational Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 7-1-2019 9-30-2019 1.1116 1.1116 2 10-1-2019 12-31-2019 0.9573 0.9573 3 1-1-2020 3-31-2020 0.8603 0.8603 4 4-1-2020 6-30-2020 0.8577 0.8577 5 7-1-2020 9-30-2020 0.7742 0.7742 Highest 1.1116 1.1116 CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 4 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.4680 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Energy 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 Mobile 1.9423 7.6196 19.2470 0.0474 0.4770 0.2002 0.6772 0.1285 0.1909 0.3194 0.0000 891.4175 891.4175 0.2289 0.0000 897.1390 Waste 0.0000 0.0000 0.0000 0.0000 16.9903 0.0000 16.9903 1.0041 0.0000 42.0929 Water 0.0000 0.0000 0.0000 0.0000 5.0748 0.0000 5.0748 0.5212 0.0123 21.7732 Total 2.4214 7.7201 19.3383 0.0480 0.4770 0.2078 0.6848 0.1285 0.1986 0.3271 22.0651 1,000.831 5 1,022.896 6 1.7563 0.0143 1,071.070 4 Mitigated Operational 3.0 Construction Detail Construction Phase ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 12.72 23.38 24.05 25.05 32.62 24.36 30.31 32.62 24.32 27.81 0.00 26.02 25.61 2.26 0.00 24.79 CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 5 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/1/2019 7/26/2019 5 20 2 Site Preparation Site Preparation 7/27/2019 8/2/2019 5 5 3 Grading Grading 8/3/2019 8/14/2019 5 8 4 Building Construction Building Construction 8/15/2019 7/1/2020 5 230 5 Paving Paving 7/2/2020 7/27/2020 5 18 6 Architectural Coating Architectural Coating 7/28/2020 8/20/2020 5 18 OffRoad Equipment Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 135,000; Non-Residential Outdoor: 45,000; Striped Parking Area: 7,896 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 4 Acres of Paving: 2.35 CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 6 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Paving Cement and Mortar Mixers 2 6.00 9 0.56 Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Demolition Excavators 3 8.00 158 0.38 Building Construction Cranes 1 7.00 231 0.29 Building Construction Forklifts 3 8.00 89 0.20 Grading Excavators 1 8.00 158 0.38 Paving Pavers 1 8.00 130 0.42 Paving Rollers 2 6.00 80 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Grading Rubber Tired Dozers 1 8.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Building Construction Generator Sets 1 8.00 84 0.74 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Grading Graders 1 8.00 187 0.41 Paving Paving Equipment 2 6.00 132 0.36 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Building Construction Welders 1 8.00 46 0.45 Trips and VMT CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 7 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.2 Demolition - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0351 0.3578 0.2206 3.9000e- 004 0.0180 0.0180 0.0167 0.0167 0.0000 34.6263 34.6263 9.6300e- 003 0.0000 34.8672 Total 0.0351 0.3578 0.2206 3.9000e- 004 0.0180 0.0180 0.0167 0.0167 0.0000 34.6263 34.6263 9.6300e- 003 0.0000 34.8672 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Architectural Coating 1 17.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 84.00 36.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 8 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.2 Demolition - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e- 004 4.9000e- 004 4.9200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.1113 1.1113 4.0000e- 005 0.0000 1.1122 Total 7.0000e- 004 4.9000e- 004 4.9200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.1113 1.1113 4.0000e- 005 0.0000 1.1122 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0351 0.3578 0.2206 3.9000e- 004 0.0180 0.0180 0.0167 0.0167 0.0000 34.6263 34.6263 9.6300e- 003 0.0000 34.8671 Total 0.0351 0.3578 0.2206 3.9000e- 004 0.0180 0.0180 0.0167 0.0167 0.0000 34.6263 34.6263 9.6300e- 003 0.0000 34.8671 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 9 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.2 Demolition - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e- 004 4.9000e- 004 4.9200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.1113 1.1113 4.0000e- 005 0.0000 1.1122 Total 7.0000e- 004 4.9000e- 004 4.9200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.1113 1.1113 4.0000e- 005 0.0000 1.1122 Mitigated Construction Off-Site 3.3 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0452 0.0000 0.0452 0.0248 0.0000 0.0248 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0108 0.1139 0.0552 9.0000e- 005 5.9800e- 003 5.9800e- 003 5.5000e- 003 5.5000e- 003 0.0000 8.5422 8.5422 2.7000e- 003 0.0000 8.6097 Total 0.0108 0.1139 0.0552 9.0000e- 005 0.0452 5.9800e- 003 0.0512 0.0248 5.5000e- 003 0.0303 0.0000 8.5422 8.5422 2.7000e- 003 0.0000 8.6097 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 10 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.3 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.1000e- 004 1.5000e- 004 1.4800e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.3334 0.3334 1.0000e- 005 0.0000 0.3337 Total 2.1000e- 004 1.5000e- 004 1.4800e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.3334 0.3334 1.0000e- 005 0.0000 0.3337 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0452 0.0000 0.0452 0.0248 0.0000 0.0248 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0108 0.1139 0.0552 9.0000e- 005 5.9800e- 003 5.9800e- 003 5.5000e- 003 5.5000e- 003 0.0000 8.5422 8.5422 2.7000e- 003 0.0000 8.6097 Total 0.0108 0.1139 0.0552 9.0000e- 005 0.0452 5.9800e- 003 0.0512 0.0248 5.5000e- 003 0.0303 0.0000 8.5422 8.5422 2.7000e- 003 0.0000 8.6097 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 11 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.3 Site Preparation - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.1000e- 004 1.5000e- 004 1.4800e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.3334 0.3334 1.0000e- 005 0.0000 0.3337 Total 2.1000e- 004 1.5000e- 004 1.4800e- 003 0.0000 3.6000e- 004 0.0000 3.6000e- 004 1.0000e- 004 0.0000 1.0000e- 004 0.0000 0.3334 0.3334 1.0000e- 005 0.0000 0.3337 Mitigated Construction Off-Site 3.4 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0262 0.0000 0.0262 0.0135 0.0000 0.0135 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0103 0.1134 0.0652 1.2000e- 004 5.5900e- 003 5.5900e- 003 5.1400e- 003 5.1400e- 003 0.0000 10.6569 10.6569 3.3700e- 003 0.0000 10.7412 Total 0.0103 0.1134 0.0652 1.2000e- 004 0.0262 5.5900e- 003 0.0318 0.0135 5.1400e- 003 0.0186 0.0000 10.6569 10.6569 3.3700e- 003 0.0000 10.7412 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 12 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.4 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 2.0000e- 004 1.9700e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.4445 0.4445 1.0000e- 005 0.0000 0.4449 Total 2.8000e- 004 2.0000e- 004 1.9700e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.4445 0.4445 1.0000e- 005 0.0000 0.4449 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0262 0.0000 0.0262 0.0135 0.0000 0.0135 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0103 0.1134 0.0652 1.2000e- 004 5.5900e- 003 5.5900e- 003 5.1400e- 003 5.1400e- 003 0.0000 10.6569 10.6569 3.3700e- 003 0.0000 10.7412 Total 0.0103 0.1134 0.0652 1.2000e- 004 0.0262 5.5900e- 003 0.0318 0.0135 5.1400e- 003 0.0186 0.0000 10.6569 10.6569 3.3700e- 003 0.0000 10.7412 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 13 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.4 Grading - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e- 004 2.0000e- 004 1.9700e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.4445 0.4445 1.0000e- 005 0.0000 0.4449 Total 2.8000e- 004 2.0000e- 004 1.9700e- 003 0.0000 4.8000e- 004 0.0000 4.8000e- 004 1.3000e- 004 0.0000 1.3000e- 004 0.0000 0.4445 0.4445 1.0000e- 005 0.0000 0.4449 Mitigated Construction Off-Site 3.5 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1169 1.0434 0.8496 1.3300e- 003 0.0639 0.0639 0.0600 0.0600 0.0000 116.3766 116.3766 0.0284 0.0000 117.0853 Total 0.1169 1.0434 0.8496 1.3300e- 003 0.0639 0.0639 0.0600 0.0600 0.0000 116.3766 116.3766 0.0284 0.0000 117.0853 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 14 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.5 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.7000e- 003 0.2377 0.0478 5.1000e- 004 0.0118 1.8000e- 003 0.0136 3.4100e- 003 1.7200e- 003 5.1300e- 003 0.0000 48.5283 48.5283 4.0500e- 003 0.0000 48.6296 Worker 0.0193 0.0136 0.1365 3.4000e- 004 0.0332 2.4000e- 004 0.0335 8.8400e- 003 2.3000e- 004 9.0600e- 003 0.0000 30.8049 30.8049 9.9000e- 004 0.0000 30.8296 Total 0.0280 0.2512 0.1842 8.5000e- 004 0.0451 2.0400e- 003 0.0471 0.0123 1.9500e- 003 0.0142 0.0000 79.3333 79.3333 5.0400e- 003 0.0000 79.4591 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1169 1.0434 0.8496 1.3300e- 003 0.0639 0.0639 0.0600 0.0600 0.0000 116.3764 116.3764 0.0284 0.0000 117.0852 Total 0.1169 1.0434 0.8496 1.3300e- 003 0.0639 0.0639 0.0600 0.0600 0.0000 116.3764 116.3764 0.0284 0.0000 117.0852 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 15 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.5 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 8.7000e- 003 0.2377 0.0478 5.1000e- 004 0.0118 1.8000e- 003 0.0136 3.4100e- 003 1.7200e- 003 5.1300e- 003 0.0000 48.5283 48.5283 4.0500e- 003 0.0000 48.6296 Worker 0.0193 0.0136 0.1365 3.4000e- 004 0.0332 2.4000e- 004 0.0335 8.8400e- 003 2.3000e- 004 9.0600e- 003 0.0000 30.8049 30.8049 9.9000e- 004 0.0000 30.8296 Total 0.0280 0.2512 0.1842 8.5000e- 004 0.0451 2.0400e- 003 0.0471 0.0123 1.9500e- 003 0.0142 0.0000 79.3333 79.3333 5.0400e- 003 0.0000 79.4591 Mitigated Construction Off-Site 3.5 Building Construction - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1389 1.2567 1.1036 1.7600e- 003 0.0732 0.0732 0.0688 0.0688 0.0000 151.7045 151.7045 0.0370 0.0000 152.6298 Total 0.1389 1.2567 1.1036 1.7600e- 003 0.0732 0.0732 0.0688 0.0688 0.0000 151.7045 151.7045 0.0370 0.0000 152.6298 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 16 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.5 Building Construction - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.3400e- 003 0.2870 0.0544 6.7000e- 004 0.0156 1.5800e- 003 0.0172 4.5200e- 003 1.5100e- 003 6.0300e- 003 0.0000 63.6707 63.6707 5.0300e- 003 0.0000 63.7963 Worker 0.0233 0.0158 0.1604 4.4000e- 004 0.0440 3.1000e- 004 0.0443 0.0117 2.9000e- 004 0.0120 0.0000 39.5006 39.5006 1.1300e- 003 0.0000 39.5289 Total 0.0326 0.3028 0.2149 1.1100e- 003 0.0596 1.8900e- 003 0.0615 0.0162 1.8000e- 003 0.0180 0.0000 103.1712 103.1712 6.1600e- 003 0.0000 103.3252 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1389 1.2567 1.1036 1.7600e- 003 0.0732 0.0732 0.0688 0.0688 0.0000 151.7044 151.7044 0.0370 0.0000 152.6296 Total 0.1389 1.2567 1.1036 1.7600e- 003 0.0732 0.0732 0.0688 0.0688 0.0000 151.7044 151.7044 0.0370 0.0000 152.6296 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 17 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.5 Building Construction - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.3400e- 003 0.2870 0.0544 6.7000e- 004 0.0156 1.5800e- 003 0.0172 4.5200e- 003 1.5100e- 003 6.0300e- 003 0.0000 63.6707 63.6707 5.0300e- 003 0.0000 63.7963 Worker 0.0233 0.0158 0.1604 4.4000e- 004 0.0440 3.1000e- 004 0.0443 0.0117 2.9000e- 004 0.0120 0.0000 39.5006 39.5006 1.1300e- 003 0.0000 39.5289 Total 0.0326 0.3028 0.2149 1.1100e- 003 0.0596 1.8900e- 003 0.0615 0.0162 1.8000e- 003 0.0180 0.0000 103.1712 103.1712 6.1600e- 003 0.0000 103.3252 Mitigated Construction Off-Site 3.6 Paving - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0107 0.1062 0.1105 1.7000e- 004 5.8600e- 003 5.8600e- 003 5.4000e- 003 5.4000e- 003 0.0000 14.7348 14.7348 4.6300e- 003 0.0000 14.8506 Paving 3.0800e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0137 0.1062 0.1105 1.7000e- 004 5.8600e- 003 5.8600e- 003 5.4000e- 003 5.4000e- 003 0.0000 14.7348 14.7348 4.6300e- 003 0.0000 14.8506 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 18 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.6 Paving - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6000e- 004 5.2000e- 004 5.2500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.2923 1.2923 4.0000e- 005 0.0000 1.2932 Total 7.6000e- 004 5.2000e- 004 5.2500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.2923 1.2923 4.0000e- 005 0.0000 1.2932 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0107 0.1062 0.1105 1.7000e- 004 5.8600e- 003 5.8600e- 003 5.4000e- 003 5.4000e- 003 0.0000 14.7348 14.7348 4.6300e- 003 0.0000 14.8506 Paving 3.0800e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0137 0.1062 0.1105 1.7000e- 004 5.8600e- 003 5.8600e- 003 5.4000e- 003 5.4000e- 003 0.0000 14.7348 14.7348 4.6300e- 003 0.0000 14.8506 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 19 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.6 Paving - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6000e- 004 5.2000e- 004 5.2500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.2923 1.2923 4.0000e- 005 0.0000 1.2932 Total 7.6000e- 004 5.2000e- 004 5.2500e- 003 1.0000e- 005 1.4400e- 003 1.0000e- 005 1.4500e- 003 3.8000e- 004 1.0000e- 005 3.9000e- 004 0.0000 1.2923 1.2923 4.0000e- 005 0.0000 1.2932 Mitigated Construction Off-Site 3.7 Architectural Coating - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6532 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.1800e- 003 0.0152 0.0165 3.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 2.2979 2.2979 1.8000e- 004 0.0000 2.3024 Total 0.6554 0.0152 0.0165 3.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 2.2979 2.2979 1.8000e- 004 0.0000 2.3024 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 20 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 3.7 Architectural Coating - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.5000e- 004 4.4000e- 004 4.4600e- 003 1.0000e- 005 1.2200e- 003 1.0000e- 005 1.2300e- 003 3.3000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0984 1.0984 3.0000e- 005 0.0000 1.0992 Total 6.5000e- 004 4.4000e- 004 4.4600e- 003 1.0000e- 005 1.2200e- 003 1.0000e- 005 1.2300e- 003 3.3000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0984 1.0984 3.0000e- 005 0.0000 1.0992 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.6532 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.1800e- 003 0.0152 0.0165 3.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 2.2979 2.2979 1.8000e- 004 0.0000 2.3024 Total 0.6554 0.0152 0.0165 3.0000e- 005 1.0000e- 003 1.0000e- 003 1.0000e- 003 1.0000e- 003 0.0000 2.2979 2.2979 1.8000e- 004 0.0000 2.3024 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 21 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile Improve Destination Accessibility Increase Transit Accessibility 3.7 Architectural Coating - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.5000e- 004 4.4000e- 004 4.4600e- 003 1.0000e- 005 1.2200e- 003 1.0000e- 005 1.2300e- 003 3.3000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0984 1.0984 3.0000e- 005 0.0000 1.0992 Total 6.5000e- 004 4.4000e- 004 4.4600e- 003 1.0000e- 005 1.2200e- 003 1.0000e- 005 1.2300e- 003 3.3000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0984 1.0984 3.0000e- 005 0.0000 1.0992 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 22 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 1.9423 7.6196 19.2470 0.0474 0.4770 0.2002 0.6772 0.1285 0.1909 0.3194 0.0000 891.4175 891.4175 0.2289 0.0000 897.1390 Unmitigated 2.2952 9.9751 25.3707 0.0635 0.7080 0.2671 0.9751 0.1907 0.2548 0.4455 0.0000 1,243.483 4 1,243.483 4 0.2695 0.0000 1,250.219 5 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Office Park 992.70 147.60 68.40 1,854,444 1,249,486 Parking Lot 0.00 0.00 0.00 Total 992.70 147.60 68.40 1,854,444 1,249,486 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Office Park 9.50 7.30 7.30 33.00 48.00 19.00 82 15 3 Parking Lot 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Office Park 0.471860 0.098559 0.152637 0.110567 0.032842 0.006164 0.021078 0.096768 0.001251 0.001645 0.002796 0.001124 0.002709 Parking Lot 0.471860 0.098559 0.152637 0.110567 0.032842 0.006164 0.021078 0.096768 0.001251 0.001645 0.002796 0.001124 0.002709 CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 23 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Mitigated 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 NaturalGas Unmitigated 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 24 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Office Park 2.0502e +006 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Office Park 2.0502e +006 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0111 0.1005 0.0844 6.0000e- 004 7.6400e- 003 7.6400e- 003 7.6400e- 003 7.6400e- 003 0.0000 109.4065 109.4065 2.1000e- 003 2.0100e- 003 110.0566 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 25 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Office Park 1.0494e +006 0.0000 0.0000 0.0000 0.0000 Parking Lot 46060 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Office Park 1.0494e +006 0.0000 0.0000 0.0000 0.0000 Parking Lot 46060 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 26 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.4680 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Unmitigated 0.4680 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.1070 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.3600 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 9.6000e- 004 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Total 0.4680 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 27 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.1070 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.3600 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 9.6000e- 004 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Total 0.4680 5.0000e- 005 6.8200e- 003 0.0000 2.0000e- 005 2.0000e- 005 2.0000e- 005 2.0000e- 005 0.0000 7.4900e- 003 7.4900e- 003 5.0000e- 005 0.0000 8.7600e- 003 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 28 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 5.0748 0.5212 0.0123 21.7732 Unmitigated 5.0748 0.5212 0.0123 21.7732 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Office Park 15.996 / 9.80402 5.0748 0.5212 0.0123 21.7732 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 5.0748 0.5212 0.0123 21.7732 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 29 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 8.1 Mitigation Measures Waste 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Office Park 15.996 / 9.80402 5.0748 0.5212 0.0123 21.7732 Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 5.0748 0.5212 0.0123 21.7732 Mitigated 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 16.9903 1.0041 0.0000 42.0929 Unmitigated 16.9903 1.0041 0.0000 42.0929 Category/Year CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 30 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Office Park 83.7 16.9903 1.0041 0.0000 42.0929 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 16.9903 1.0041 0.0000 42.0929 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Office Park 83.7 16.9903 1.0041 0.0000 42.0929 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 Total 16.9903 1.0041 0.0000 42.0929 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 31 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/18/2019 2:47 PMPage 32 of 32 Fig Garden Land Holdings Plan Amendment - San Joaquin Valley Unified APCD Air District, Annual Appendix B Project Trip Generation FRESNO CITY PLANNING COMMISSION RESOLUTION NO. _____ The Fresno City Planning Commission, at its regular meeting on June 5, 2019, adopted the following resolution relating to Plan Amendment Application No. P18-03659. WHEREAS, Plan Amendment Application No. P18-03659 has been filed with the City of Fresno by Jeff Roberts of The Assemi Group, pertaining to approximately 1.0 acre of property located at the northeast corner of North Colonial and West San Jose Avenues; and, WHEREAS, Plan Amendment Application No. P18-03659 proposes to amend the Fresno General Plan and Bullard Community Plan to change the planned land use designation for the subject property from Residential Medium Density planned land use designation to the Regional Mixed-Use land use designation; and, WHEREAS, on June 5, 2019, the Fresno City Planning Commission conducted a public hearing to review the proposed Plan Amendment, consider the associated Mitigated Negative Declaration prepared for Environmental Assess ment No. P18-03659, dated May 22, 2019, received public testimony and considered the Development and Resource Management Department’s report recommending approval of the proposed plan amendment and environmental assessment; and, WHEREAS, the Fresno City Planning Commission has reviewed the environmental assessment prepared for the proposed project, Environmental Assessment No. P18-03659, dated May 22, 2019 and is satisfied that the appropriate measures of development will adequately reduce or alleviate any potential adverse impacts either generated from the proposal, or impacting the proposal from an off-site source, and hereby concurs with the issuance of a Mitigated Negative Declaration; and, WHEREAS, the Planning Commission reviewed the subject plan amendment application in accordance with the land use policies of the Fresno General Plan and Bullard Community Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Commission finds in accordance with its own independent judgment that although Plan Amendment Application No. P18-03659 could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. It has been further determined that all applicable project specific mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P18-03659, dated May 22, 2019. Planning Commission Resolution No. _____ Plan Amendment Application No. P18-03659 June 5, 2019 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that Plan Amendment Application No. P18-03659, which proposes to amend the Fresno General Plan and Bullard Community Plan as depicted by the attached Exhibit “A” and described within staff report to the Planning Commission dated June 5, 2019, be approved. /// The foregoing Resolution was adopted by the Fresno City Planning Commission , upon a motion by Commissioner _____, seconded by Commissioner _____. VOTING: Ayes - Noes - Not Voting - Absent - DATED: June 5, 2019 __________________________________ Mike Sanchez, Secretary Fresno City Planning Commission Resolution No. _____ Plan Amendment Application No. P18-03659 Filed by Jeff Roberts of The Assemi Group Action: Recommend Approval Attachment: Exhibit “A” rmx rml rm rml rmx cr rml rm rml cmx W SAN JOSE AVEN COLONIAL AVENROOSEVELTAVEN WISHON AVE W SAN RAM ON AVE 53'125'131' 131' 145' 150' 203' 246'310'310'310'330'341'366'478'504'P18-03659APN: 417-231-19, 417-140-21 and 26 0 300 600150Feet/ EXHIBIT "A" -PROPOSED PLAN AMENDMENT City of Fresno County of Fresno rmtormx1 acres County of Fresno City of Fresno rmx3.8 acres(no change) rmx2.1 acres(no change) From rm (Residential Medium Density) to rmx (Regional Mixed Use). FRESNO CITY PLANNING COMMISSION RESOLUTION NO. _____ The Fresno City Planning Commission, at its regular meeting on June 5, 2019, adopted the following resolution relating to Rezone Application No. P18-03659. WHEREAS, Rezone Application No. P18-03659 has been filed with the City of Fresno to rezone the subject property as described below: REQUESTED ZONING: RMX (Regional Mixed-Use); EXISTING ZONING: RS-5/EQ (Residential Single-Family/Equine Overlay); APPLICANT: Jeff Roberts of The Assemi Group LOCATION: 614 W. San Jose Avenue Approximately 1.0 acres of property located on the northeast corner of North Colonia and West San Jose Avenues APN(s): 417-140-21 DESCRIPTION OF PROPERTY TO BE REZONED: As described and depicted on the attached Exhibit “A”. WHEREAS, the above-named applicant is requesting to rezone approximately 1.0 acres of property from the RS-5/EQ (Residential Single-Family/Equine Overlay) to the RMX (Regional Mixed-Use) zone district; and, WHEREAS, the Fresno City Planning Commission on June 5, 2019, reviewed the subject rezone application in accordance with the policies of the Fresno General Plan and the Bullard Community Plan; and, WHEREAS, during the June 5, 2019 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regard ing the requested zoning change; and, WHEREAS, during the June 5, 2019 hearing, members of the public had the opportunity to speak in support or in opposition of the proposed project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Commission finds in accordance with its own independent judgment that although Rezone Application No. P18-03659 could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. It has been further determined that Planning Commission Resolution No. _____ Rezone Application No. P18-03659 June 5, 2019 Page 2 all applicable project specific mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P18-03659 dated May 22, 2019. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested RMX (Regional Mixed-Use) zone district for the subject property be approved. /// The foregoing Resolution was adopted by the Fresno City Planning Commission, upon a motion by Commissioner _____, seconded by Commissioner _____. VOTING: Ayes - Noes - Not Voting - Absent - DATED: June 5, 2019 __________________________________ Mike Sanchez, Secretary Fresno City Planning Commission Resolution No. _____ Rezone Application No. P18-03659 Filed by Jeff Roberts of The Assemi Group Action: Recommend Approval Attachment: Exhibit “A” 53'125'131' 131' 145' 150' 203'246'310'310'310'330'341'366'478'504'CR RS-5 RS-4 RMX RMX RS-5 CR PRIVATED RPRIVATE DRW SAN JOSE AVEN COLONIAL AVENROOSEVELTAVEN WISHON AVE PRIVATEPRIVATE DR PRIV ATE DR W SAN RAM ON AVE P18-03659APN: 417-231-19, 417-140-21 and 26 0 300 600150Feet/ EXHIBIT "A" -PROPOSED REZONE City of Fresno County of Fresno RS-5/eqtoRMX 1 Acres County of Fresno City of Fresno RMX/cztoRMX /cz3.8 Acres RMX/cztoRMX /cz2.1 Acres From RS-5/eq (Residential Single-Family, Medium Density/ equine) to RMX (Regional Mixed Use). From RMX/cz (Regional Mixed Use/ conditions of zoning) to RMX/cz (Regional Mixed Use/ with modified conditions of zoning). FRESNO CITY PLANNING COMMISSION RESOLUTION NO. _____ The Fresno City Planning Commission, at its regular meeting on June 5, 2019, adopted the following resolution relating to Modification of Conditions of Zoning Application No. P18-03659 regarding 5260 N. Palm Avenue (APN 417-140-26). WHEREAS, Modification of Conditions of Zoning Application No. P18-03659 has been filed with the City of Fresno to rezone the subject property as described below: REQUESTED ZONING: RMX/cz (Regional Mixed-Use/conditions of zoning) with modifications to conditions of zoning; EXISTING ZONING: RMX/cz (Regional Mixed-Use/conditions of zoning); APPLICANT: Jeff Roberts of The Assemi Group LOCATION: 5260 N. Palm Avenue Approximately 3.8 acres of property located on the northwest corner of North Colonial and West San Jose Avenues APN(s): 417-140-26 DESCRIPTION OF PROPERTY TO BE REZONED: As described on the attached Exhibit “A”. WHEREAS, the above-named applicant is requesting to modify the conditions of zoning on approximately 3.8 acres of property; and, WHEREAS, the Fresno City Planning Commission on June 5, 2019, reviewed the subject modification of conditions of zoning application in accordance with the policies of the Fresno General Plan and the Bullard Community Plan; and, WHEREAS, during the June 5, 2019 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested change to conditions of zoning; and, WHEREAS, during the June 5, 2019 hearing, members of the public had the opportunity to speak in support or in opposition of the proposed project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Commission finds in accordance with its own independent judgment that although Modification to Conditions of Zoning Application No. P18-03659 for 5260 N. Palm Avenue could have a significant effect on the environment, there will not be a significant effect in Planning Commission Resolution No. _____ Modification of Conditions of Zoning Application No. P18-03659 June 5, 2019 Page 2 this case because revisions in the project have been made by or agreed to by the project proponent. It has been further determined that all applicable project specific mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration fo r Environmental Assessment No. P18-03659 dated May 22, 2019. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that Modification of Conditions of Zoning Application No. P18 -03659 for the subject property be approved, subject to the attached conditions to be implemented through the execution of a new covenant by the record owner of the subject property and release of covenant for previous conditions of zoning. /// The foregoing Resolution was adopted by the Fresno City Planning Commission, upon a motion by Commissioner _____, seconded by Commissioner _____. VOTING: Ayes - Noes - Not Voting - Absent - DATED: June 5, 2019 __________________________________ Mike Sanchez, Secretary Fresno City Planning Commission Resolution No. _____ Modification of Zoning Conditions Application No. P18-03659 Filed by Jeff Roberts of The Assemi Group Action: Recommend Approval Attachment: Exhibit “A” Planning Commission Resolution No. _____ Modification of Conditions of Zoning Application No. P18-03659 June 5, 2019 Page 3 Exhibit “A” (Modification of Conditions of Zoning Application No. P18 -03659) The conditions of zoning for the following described real property shall be modified: Parcel "B" of Parcel Map No. 83-55, in the City of Fresno, County of Fresno, State of California, according to the Map thereof recorded in Book 42 Pages 27 and 28 of Parc el Maps, Fresno County Records. APN: 417-140-26 Planning Commission Resolution No. _____ Modification of Conditions of Zoning Application No. P18-03659 June 5, 2019 Page 4 CONDITIONS OF ZONING 1. Required landscaped setback or buffer areas shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range b etween 1 ½ feet and 3 feet in height. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year - round. The landscaping shall be continuously ma intained by the developer. 2. Drive-up window facilities shall not be permitted within 100 feet of the northern property line. FRESNO CITY PLANNING COMMISSION RESOLUTION NO. _____ The Fresno City Planning Commission, at its regular meeting on June 5, 2019, adopted the following resolution relating to Modification of Conditions of Zoning Application No. P18-03659 regarding 5200 N. Palm Avenue (APN 417-231-19). WHEREAS, Modification of Conditions of Zoning Application No. P18-03659 has been filed with the City of Fresno to rezone the subject property as described below: REQUESTED ZONING: RMX/cz (Regional Mixed-Use/conditions of zoning) with modifications to conditions of zoning; EXISTING ZONING: RMX/cz (Regional Mixed-Use/conditions of zoning); APPLICANT: Jeff Roberts of The Assemi Group LOCATION: 5200 N. Palm Avenue Approximately 2.1 acres of property located on the south side of West San Jose Avenue at North Colonial Avenue. APN(s): 417-231-19 DESCRIPTION OF PROPERTY TO BE REZONED: As described on the attached Exhibit “A”. WHEREAS, the above-named applicant is requesting to modify the conditions of zoning on approximately 2.1 acres of property; and, WHEREAS, the Fresno City Planning Commission on June 5, 2019, reviewed the subject modification of conditions of zoning application in accordance with the policies of the Fresno General Plan and the Bullard Community Plan; and, WHEREAS, during the June 5, 2019 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested change to conditions of zoning; and, WHEREAS, during the June 5, 2019 hearing, members of the public had the opportunity to speak in support or in opposition of the proposed project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Commission finds in accordance with its own independent judgment that although Modification to Conditions of Zoning Application No. P18-03659 for 5200 N. Palm Avenue could have a significant effect on the environment, there will not be a significant ef fect in Planning Commission Resolution No. _____ Modification of Conditions of Zoning Application No. P18-03659 June 5, 2019 Page 2 this case because revisions in the project have been made by or agreed to by the project proponent. It has been further determined that all applicable project specific mitigation measures have been incorporated to assure that the project will not c ause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and th at the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P18-03659 dated May 22, 2019. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that Modification of Conditions of Zoning Application No. P18 -03659 for the subject property be approved, subject to the attached conditions to be implemented through the execution of a new covenant by the record owner of the subject property and release of covenant for previous conditions of zoning. /// The foregoing Resolution was adopted by the Fresno City Planning Commission, upon a motion by Commissioner _____, seconded by Commissioner _____. VOTING: Ayes - Noes - Not Voting - Absent - DATED: June 5, 2019 __________________________________ Mike Sanchez, Secretary Fresno City Planning Commission Resolution No. _____ Modification of Zoning Conditions Application No. P18-03659 Filed by Jeff Roberts of The Assemi Group Action: Recommend Approval Attachment: Exhibit “A” Planning Commission Resolution No. _____ Modification of Conditions of Zoning Application No. P18-03659 June 5, 2019 Page 3 Exhibit “A” (Modification of Conditions of Zoning Application No. P18 -03659) The conditions of zoning for the following described real property shall be modified: The North half of Lot 81 of California Poultry Farms, in the City of Fresno, County of Fresno, State of California, according to the Map thereof recorded in Book 2 Page 82 of Record of Surveys. APN: 417-231-19 Planning Commission Resolution No. _____ Modification of Conditions of Zoning Application No. P18-03659 June 5, 2019 Page 4 CONDITIONS OF ZONING 1. There shall be no vehicular access to North Colonial Avenue and West San Jose Avenue east of Colonial with the exception of gates for emergency vehicle access. 2. Required landscaped setback or buffer areas shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range between 1 ½ feet and 3 feet in height. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year - round. The landscaping shall be continuously maintained by Covenantor, its successors and assigns. 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. _________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE FRESNO GENERAL PLAN AND THE BULLARD COMMUNITY PLAN (PLAN AMENDMENT APPLICATION NO. P18-03659) WHEREAS, on December 18, 2014, by Resolution No. 2014 -226, the City Council adopted the Fresno General Plan which correspondingly adopted the Bullard Community Plan and, by Resolution No. 2014-225, certified Master Environmental Impact Report SCH No. 2012111015 (“MEIR”) which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno’s designated urban boundary line and sphere of influence; WHEREAS, Jeff Roberts of The Assemi Group has filed an application to amend the Fresno General Plan and the Bullard Community Plan to change the planned land use for an approximately 1.0 acre subject property from Residential Medium Density to Regional Mixed-Use; WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the filing of a Mitigated Negative Declaration on May 22, 2019; WHEREAS, on June 5, 2019, the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No. P18-03659 and the associated Mitigated Negative Declaration prepared for Environmental Assessment No. P18- 03659; 2 of 4 WHEREAS, the Fresno City Planning Commission took action, as evidenced in Planning Commission Resolution No. _____, to recommend approval of Plan Amendment Application No. P18-03659 which proposes to amend the Fresno General Plan and the Bullard Community Plan to change the planned land use for an approximately 1.0 acre subject property from Residential Medium Density to Regional Mixed-Use; and, WHEREAS, on June 13, 2019, the Fresno City Council held a public hearing to consider Plan Amendment Application No. P18-03659 and received both oral testimony and written information presented at the hearing regarding Plan A mendment Application No. P18-03659, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Council finds in accordance with its own independent judgment that with all applicable project specific mitigation measures imposed, there is no substantial evidence in the record that Plan Amendment Application P18-03659 may have additional significant effects on the environment that were not identified in the Fresno General Plan Master Environmental Impact Report SCH No. 2012 111015 (“MEIR”); and, that all applicable mitigation measures of the MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Section 15178(a). Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact o n the environment and that 3 of 4 the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Council adopts the Mitigated Negative Declaration prepared for Environmental Assessment No. P18-03659 dated May 22, 2019. 2. The Council finds the adoption of the proposed plan amendment as recommended by the Planning Commission is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby adopts Plan Amendment Application No. P18-03659 amending the Fresno General Plan and Bullard Community Plan planned land use designation for an approximately 1.0 acre subject property from Residential Medium Density to Regional Mixed-Use, as depicted by Exhibit “A” attached hereto and incorporated herein by reference. * * * * * * * * * * * * * * 4 of 4 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 held on the 28h day of February, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, CMC City Clerk By _________________________ Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By Mary Raterman-Doidge Date Deputy City Attorney Attachment: Exhibit A rmx rml rm rml rmx cr rml rm rml cmx W SAN JOSE AVEN COLONIAL AVENROOSEVELTAVEN WISHON AVE W SAN RAM ON AVE 53'125'131' 131' 145' 150' 203' 246'310'310'310'330'341'366'478'504'P18-03659APN: 417-231-19, 417-140-21 and 26 0 300 600150Feet/ EXHIBIT "A" -PROPOSED PLAN AMENDMENT City of Fresno County of Fresno rmtormx1 acres County of Fresno City of Fresno rmx3.8 acres(no change) rmx2.1 acres(no change) From rm (Residential Medium Density) to rmx (Regional Mixed Use). 1 of 4 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. __________ ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP AS DESCRIBED BY SECTION 15-108 OF THE FRESNO MUNICIPAL CODE, AND PURSUANT TO THE PROCEDURES ET FOURTH IN ARTICLE 58, CHAPTER 15 OF THE FRESNO MUNICIPAL CODE WHEREAS, Rezone Application No. P18-03659 has been filed by Jeff Roberts of The Assemi Group with the City of Fresno to rezone property as described herein below; and, WHEREAS, on January 14, 2019, the District 2 Plan Implementation Committee recommended approval of the rezone application; and, WHEREAS, pursuant to the provisions of Article 58, Chapter 15 of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 5th day of June, 2019, to consider Plan Amendment No. P18-03659, Rezone Application No. P18-03659, Modification of Conditions of Zoning Application No. P18- 03659, and related Environmental Assessment No. P18-03659, during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval, as evidenced in Planning Commission Resolution No. 13506 of the rezone application to amend the Official Zone Map to rezone an approximately 1.0 acre subject property from the RS-5/EQ (Residential Single-Family/Equine Overlay) zone district to the RMX (Regional Mixed-Use) zone district; and, 2 of 4 WHEREAS, the Council of the City of Fresno, on the 13th day of June, 2019, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with all applicable project specific mitigation measures imposed, there is no substantial evidence in the record that Rezone Application P18-03659 may have additional significant effects on the environment that were not identified in the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (“MEIR”); and, that all applicable mitigation measures of the MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Section 15178(a). Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) an d (2). Accordingly, the Council adopts the Mitigated Negative Declaration prepared for Environmental Assessment No. P18-03659 dated May 22, 2019. SECTION 2. The Council finds the requested RMX (Regional Mixed-Use) zone district is consistent with the proposed Regional Mixed-Use planned land use 3 of 4 designation of the Fresno General Plan and the Bullard Community Plan as specified in the Fresno General Plan and Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the RS-5/EQ (Residential Single- Family/Equine Overlay) zone district to the RMX (Regional Mixed Use) zone district, as depicted in the attached Exhibit “A”. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. * * * * * * * * * * * * * 4 of 4 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Mary Raterman-Doidge Date Deputy Attachment: Exhibit A 53'125'131' 131' 145' 150' 203'246'310'310'310'330'341'366'478'504'CR RS-5 RS-4 RMX RMX RS-5 CR PRIVATED RPRIVATE DRW SAN JOSE AVEN COLONIAL AVENROOSEVELTAVEN WISHON AVE PRIVATEPRIVATE DR PRIV ATE DR W SAN RAM ON AVE P18-03659APN: 417-231-19, 417-140-21 and 26 0 300 600150Feet/ EXHIBIT "A" -PROPOSED REZONE City of Fresno County of Fresno RS-5/eqtoRMX 1 Acres County of Fresno City of Fresno RMX/cztoRMX /cz3.8 Acres RMX/cztoRMX /cz2.1 Acres From RS-5/eq (Residential Single-Family, Medium Density/ equine) to RMX (Regional Mixed Use). From RMX/cz (Regional Mixed Use/ conditions of zoning) to RMX/cz (Regional Mixed Use/ with modified conditions of zoning). 1 of 6 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. __________ ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP AS DESCRIBED BY SECTION 15-108 OF THE FRESNO MUNICIPAL CODE, AND PURSUANT TO THE PROCEDURES ET FOURTH IN ARTICLE 58, CHAPTER 15 OF THE FRESNO MUNICIPAL CODE WHEREAS, Rezone for Modification of Conditions of Zoning Application No. P18-03659 has been filed by Jeff Roberts of The Assemi Group with the City of Fresno to rezone property as described herein below; and, WHEREAS, on January 14, 2019, the District 2 Plan Implementation Committee recommended approval of the modification of conditions of zoning application; and, WHEREAS, pursuant to the provisions of Article 58, Chapter 15 of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 5th day of June, 2019, to consider Plan Amendment No. P18-03659, Rezone Application No. P18-03659, Modification of Conditions of Zoning Application No. P18 - 03659, and related Environmental Assessment No. P18-03659, during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval, as evidenced in Planning Commission Resolution No. _____ of the rezone application to amend the conditions of zoning for an approximately 3.8 acre subject property as described in Exhibit “A”; and, WHEREAS, the Council of the City of Fresno, on the 13th day of June, 2019, received the recommendation of the Planning Commission. 2 of 6 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed modification of conditions of zoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with all applicable project specific mitigation measures imposed, there is no substantial evidence in the record that Modification of Conditions of Zoning Application No. P18-03659 may have additional significant effects on the environment that were not identified in the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (“MEIR”); and, that all applicable mitigation measures of the MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Section 15178(a). Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Council adopts the Mitigated Negative Declaration prepared for Environmental Assessment No. P18-03659 dated May 22, 2019. SECTION 2. The Council finds the requested modification of conditions of zoning is consistent with the existing Regional Mixed-Use planned land use designation 3 of 6 of the Fresno General Plan and the Bullard Community Plan as specified in the Fresno General Plan and Municipal Code. SECTION 3. The Council finds that the conditions of zoning on the real property described hereinbelow, located in the City of Fresno are modified as depicted in the attached Exhibit “A”. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. * * * * * * * * * * * * * 4 of 6 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Mary Raterman-Doidge Date Deputy Attachment: Exhibit “A” 5 of 6 Exhibit “A” (Modification of Conditions of Zoning Application No. P18-03659) The conditions of zoning for the following described real property shall be modified: Parcel "B" of Parcel Map No. 83-55, in the City of Fresno, County of Fresno, State of California, according to the Map thereof recorded in Book 42 Pages 27 and 28 of Parcel Maps, Fresno County Records. APN: 417-140-26 6 of 6 CONDITIONS OF ZONING 1. Required landscaped setback or buffer areas shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range b etween 1 ½ feet and 3 feet in height. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year-round. The landscaping shall be continuously maintained by the developer. 2. Drive-up window facilities shall not be permitted within 100 feet of the northern property line. 1 of 6 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. __________ ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP AS DESCRIBED BY SECTION 15-108 OF THE FRESNO MUNICIPAL CODE, AND PURSUANT TO THE PROCEDURES ET FOURTH IN ARTICLE 58, CHAPTER 15 OF THE FRESNO MUNICIPAL CODE WHEREAS, Rezone for Modification of Conditions of Zoning Application No. P18-03659 has been filed by Jeff Roberts of The Assemi Group with the City of Fresno to rezone property as described herein below; and, WHEREAS, on January 14, 2019, the District 2 Plan Implementation Committee recommended approval of the modification of conditions of zoning application; and, WHEREAS, pursuant to the provisions of Article 58, Chapter 15 of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 5th day of June, 2019, to consider Plan Amendment No. P18-03659, Rezone Application No. P18-03659, Modification of Conditions of Zoning Application No. P18 - 03659, and related Environmental Assessment No. P18-03659, during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval, as eviden ced in Planning Commission Resolution No. _____ of the rezone application to amend the conditions of zoning for an approximately 2.1 acre subject property as described in Exhibit “A”; and, WHEREAS, the Council of the City of Fresno, on the 13th day of June, 2019, received the recommendation of the Planning Commission. 2 of 6 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed modification of conditions of zoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that with all applicable project specific mitigation measures imposed, there is no substantial evidence in the record that Modification of Conditions of Zoning Application No. P18-03659 may have additional significant effects on the environment that were not identified in the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (“MEIR”); and, that all applicable mitigation measures of the MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Section 15178(a). Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Council adopts the Mitigated Negative Declaration prepared for Environmental Assessment No. P18-03659 dated May 22, 2019. SECTION 2. The Council finds the requested modification of conditions of zoning is consistent with the existing Regional Mixed-Use planned land use designation 3 of 6 of the Fresno General Plan and the Bullard Community Plan as specified in the Fresno General Plan and Municipal Code. SECTION 3. The Council finds that the conditions of zoning on the real property described hereinbelow, located in the City of Fresno are modified as depicted in the attached Exhibit “A”. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. * * * * * * * * * * * * * 4 of 6 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Mary Raterman-Doidge Date Deputy Attachment: Exhibit “A” 5 of 6 Exhibit “A” (Modification of Conditions of Zoning Application No. P18-03659) The conditions of zoning for the following described real property shall be modified: The North half of Lot 81 of California Poultry Farms, in the City of Fresno, County of Fresno, State of California, according to the Map thereof recorded in Book 2 Page 82 of Record of Surveys. APN: 417-231-19 6 of 6 CONDITIONS OF ZONING 1. There shall be no vehicular access to North Colonial Avenue and West San Jose Avenue east of Colonial with the exception of gates for emergency vehicle access. 2. Required landscaped setback or buffer areas sh all be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range between 1 ½ feet and 3 feet in height. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year-round. The landscaping shall be continuously maintained by Covenantor, its successors and assigns. Exhibit P Existing Conditions of Zoning for 5260 N Palm (APN 417-140-26) Northwest Corner of North Colonial and West San Jose Avenues 1. The developer shall install a traffic signal at the intersection of San Jose Avenue and Palm Avenue and improve the intersection and the drive aisle to the east substantially in accordance with the attached site plan labeled Exhibit "A." The improvements shall include three lanes exiting the project site onto Palm Avenue (two left turn and one right turn) and two entrance lanes from Palm Avenue. 2. The developer shall restripe the southbound lanes on Palm Avenue north of Shaw Avenue to provide for two left-turn lanes, one through lane and one combination through/right-turn lane substantially in accordance with attached Exhibit "B." 3. The developer will install a westbound right-turn lane on Shaw Avenue east of Palm Avenue substantially in accordance with attached Exhibit "B." 4. Vehicular and pedestrian access to the property from W. San Ramon Avenue and N. Colonial Avenue shall be prohibited. 5. Condition No. 4 above shall be implemented through the installation and maintenance by the developer of a 30-foot wide landscaped buffer along the entire length or portion of the subject property abutting W. San Ramon Avenue and W. Colonial Avenue. A 6-foot high concrete block ·wall shall be constructed parallel to the northern and eastern property lines such that the 30-foot wide landscaped area is provided between the local streets (W. San Ramon Avenue, N. Colonial Avenue) and the wall. The landscaped area shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range between 1 ½ feet and 3 feet in height. The landscaped area shall be extensively planted with fast-growing tree varieties that, at maturity, the proposed four-story office building will be completely screened from the view of residential properties fronting W. San Ramon and N. Colonial Avenues. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year-round. The landscaping, as described above, shall be completely installed within 8 months of the date on which the City Council approves the rezoning of the subject property. The landscaping shall be continuously maintained by the developer. 6. Drive-up window facilities shall not be permitted within 100 feet of the northern property line. Exhibit G Proposed Conditions of Zoning for 5260 N Palm (APN 417-140-26) Northwest Corner of North Colonial and West San Jose Avenues 1. The developer shall install a traffic signal at the intersection of San Jose Avenue and Palm Avenue and improve the intersection and the drive aisle to the east substantially in accordance with the attached site plan labeled Exhibit "A." The improvements shall include three lanes exiting the project site onto Palm Avenue (two left turn and one right turn) and two entrance lanes from Palm Avenue. 2. The developer shall restripe the southbound lanes on Palm Avenue north of Shaw Avenue to provide for two left-turn lanes, one through lane and one combination through/right-turn lane substantially in accordance with attached Exhibit "B." 3. The developer will install a westbound right-turn lane on Shaw Avenue east of Palm Avenue substantially in accordance with attached Exhibit "B." 4. Vehicular and pedestrian access to the property from W. San Ramon Avenue and N. Colonial Avenue shall be prohibited. 5. Condition No. 4 above shall be implemented through the installation and maintenance by the developer of a 30-foot wide landscaped buffer along the entire length or portion of the subject property abutting W. San Ramon Avenue and W. Colonial Avenue. A 6-foot high concrete block ·wall shall be constructed parallel to the northern and eastern property lines such that the 30-foot wide landscaped area is provided between the local streets (W. San Ramon Avenue, N. Colonial Avenue) and the wall. The landscaped area Required landscaped setback or buffer areas shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range between 1 ½ feet and 3 feet in height. The landscaped area shall be extensively planted with fast-growing tree varieties that, at maturity, the proposed four-story office building will be completely screened from the view of residential properties fronting W. San Ramon and N. Colonial Avenues. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year-round. The landscaping, as described above, shall be completely installed within 8 months of the date on which the City Council approves the rezoning of the subject property. The landscaping shall be continuously maintained by the developer. 6. Drive-up window facilities shall not be permitted within 100 feet of the northern property line. Exhibit P Existing Conditions of Zoning for 5200 N Palm (APN 417-231-19) South of Intersection of North Colonial and West San Jose Avenues 1. There shall be no pedestrian or vehicular access to North Colonial Avenue and West San Jose Avenue east of Colonial. 2. The developer shall install and maintain a 30-foot landscaped buffer along the entire length of the subject property abutting West San Jose Avenue and North Colonial Avenue. A 6-foot high concrete block wall shall be constructed parallel to the northern and western property lines such that the 30-foot wide landscaped area is provided between the local streets (West San Jose Avenue, North Colonial Avenue) and the wall. The landscaped area shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range between 1 ½ feet and 3 feet in height. The landscaped area shall be extensively planted with fast-growing tree varieties that, at maturity, the proposed four-story office building will be completely screened from the view of residential properties fronting West San Jose and North Colonial Avenues. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year-round. The landscaping, as described above, shall be completely installed within 8 months from the effective date of approval of Conditional Use Permit No. C-89-109 with the provision for a four month extension to be granted by the Director of the Development Department. The landscaping shall be continuously maintained by Covenantor, its successors and assigns. Exhibit P Proposed Conditions of Zoning for 5200 N Palm (APN 417-231-19) South of Intersection of North Colonial and West San Jose Avenues 1. There shall be no pedestrian or vehicular access to North Colonial Avenue and West San Jose Avenue east of Colonial with the exception of gates for emergency vehicle access. 2. The developer shall install and maintain a 30-foot landscaped buffer along the entire length of the subject property abutting West San Jose Avenue and North Colonial Avenue. A 6-foot high concrete block wall shall be constructed parallel to the northern and western property lines such that the 30-foot wide landscaped area is provided between the local streets (West San Jose Avenue, North Colonial Avenue) and the wall. The Required landscaped setback or buffer areas shall be extensively planted with ground covers and shrubs and shall have an undulating earth berm that will range between 1 ½ feet and 3 feet in height. The landscaped area shall be extensively planted with fast-growing tree varieties that, at maturity, the proposed four-story office building will be completely screened from the view of residential properties fronting West San Jose and North Colonial Avenues. Eighty-five percent (85%) of the trees planted shall be of at least 24-inch box size. The planting of evergreen trees shall be emphasized such that no more than 15% of the trees planted are deciduous. This is to insure that the screening effect of the trees is maintained year-round. The landscaping, as described above, shall be completely installed within 8 months from the effective date of approval of Conditional Use Permit No. C-89-109 with the provision for a four month extension to be granted by the Director of the Development Department. The landscaping shall be continuously maintained by Covenantor, its successors and assigns. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JENNIFER K. CLARK, AICP, HDFP, Director Development and Resource Management Department THROUGH:SOPHIA PAGOULATOS, Planning Manager Development and Resource Management Department BY:RODNEY L. HORTON, Planner III Development and Resource Management Department SUBJECT CONTINUED HEARING to consider initiation of the Specific Plan of the West Area,pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan,filed by the Development and Resource Management Department Director 1.RESOLUTION -Initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan,and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15-5803-C and 15-4902-B. RECOMMENDATION Staff recommends that the City Council take the following action: 1.ADOPT RESOLUTION initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan,and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15-5803-c and 15-4902-B. EXECUTIVE SUMMARY City of Fresno Printed on 3/17/2023Page 1 of 7 powered by Legistar™ File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: This report describes the background,process,outreach,land use concepts,and planning efforts related to the Draft Land Use Map and Guiding Principles.The Draft Land Use Map and Guiding Principles recommended by the Steering Committee are proposed for initiation of the Environmental Impact Report and full development of the Specific Plan of the West Area.The Specific Plan will also include an Infrastructure Financing Plan. BACKGROUND The idea for a Specific Plan of the West emerged from community members who wanted a feasible advanced planning tool to address a broad array of concerns.The last comprehensive planning effort that had been undertaken in the area besides the update of the General Plan in 2014 was the West Area Community Plan adopted in 2002 as “Appendix W”to the 2025 General Plan,and the Highway City Neighborhood Specific Plan adopted in 1998.FY2018 allocated money to begin the specific plan process which included the creation of an existing conditions report and community outreach. $400,000 was allocated in the FY2019 budget to finance the Environmental Impact Report and Infrastructure Financing Plan. Planning Process Overview The specific plan process includes the following steps and was expected to take less than 3 years from the beginning of the process in 2017.The process is now in Step 4.Future opportunities to comment on the plan will be scheduled throughout the remaining steps which involve the completion of the Environmental Impact Report and Infrastructure Financing Plan. 1.Project Kick-off and Existing Conditions Report 2.Initial Community Outreach 3.Selection of Draft Land Use Map and Guiding Principles by the Steering Committee 4.Plan Initiation through Planning Commission and City Council 5.Draft Specific Plan 6.Environmental Impact Report: Notice of Preparation and Scoping 7.Public Review of Draft Specific Plan and Environmental Impact Report 8.Adoption See Exhibit B for a project schedule. Outreach The outreach and participation for the planning process to date has been multifaceted to receive input from the 38,503 residents of the Plan Area.It included numerous stakeholder interviews,2 community meetings billed as “Community Conversations”,a kick-off survey,and seven Steering Committee meetings.Also,focus group meeting occurred with religious leaders billed as “Coffee with the Clergy.” Stakeholder Interviews.City staff held stakeholder interviews between January 2018 and April 2018 with city and county residents,developers,Central Unified School District,Highway City Community Development Corporation, religious leaders, and other city agencies. Community Conversations.The initial phase of the planning process included two community conversations held on May 3,2018 and June 14,2018.They were attended by approximately 165City of Fresno Printed on 3/17/2023Page 2 of 7 powered by Legistar™ File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: conversations held on May 3,2018 and June 14,2018.They were attended by approximately 165 and 75 persons,respectively.The purpose of the first Community Conversation was to educate the public about the plan process and to solicit input from community members.Concerns centered on transportation,limited parkland,limited commercial and recreational amenities,and lack of neighborhood identity. The task for the second Community Conversation was to identify key land use concepts that would guide future land use discussions of the Steering Committee.Community members were able to weigh in on the location of certain land uses (i.e.,parks,commercial facilities,and housing)through a dot voting exercise on a blank map. Kick-off Survey.A 10-question kick-off survey was produced and distributed to residents, business owners,and other interested parties.Approximately 373 individuals responded to the survey. The results of the survey were shared with the community and Steering Committee. Steering Committee.An 11-member Steering Committee was appointed by Councilmembers representing Council District No.1,Council District No.2,and Council District No.3.Represented on the committee are residents and residential and commercial developers.Central Unified School District is represented on the committee,as is State Center Community College District.The committee’s task has been to receive input from community members,and translate that input into the development of the Draft Land Use Map and Guiding Principles.At their first meeting,the committee elected a chairperson and vice chairperson,and adopted rules governing their decision- making process. Coffee with the Clergy.Approximately 15 pastors and church staff attended the event.The purpose of the event was to inform religious leaders about the specific plan process and to encourage their involvement. ANALYSIS The Draft Land Use Map and Guiding Principles are the outcome of the initial planning process that included over a year of work by community members and the steering committee.The Draft Land Use Map and Guiding Principles reflect the desires of community members and the committee to create a feasible and implementable plan that improves the quality of life for current and future residents. Phase 1:Land Use Framework.City staff provided three land use framework options for the committee to consider as the basis for refining the General Plan’s land use map.The first option was a concentric model which would divide the Plan Area into five different concentric circles expanding from a core commercial center that had intense land uses surrounded by four levels of lower density land uses.The second option was the selection of a transect land use framework that allowed for a flow from rural to urban land use intensities.The third option was a catalytic corridors/centers concept which focused on strategically locating land use densities along corridors in the Plan Area in order to cause a positive economical reaction on surrounding parcels. After discussion,the committee chose to incorporate the transect framework with the catalytic land use concept being strategically located on Ashlan Avenue,Shaw Avenue,Veterans Boulevard,and Shields Avenue.The committee also voted to incorporate agricultural components into open space City of Fresno Printed on 3/17/2023Page 3 of 7 powered by Legistar™ File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: corridors, trails, and future parks. Phase 2:Conceptual Land Use Option.In addition to the land use framework alternatives described above,three conceptual land use options were presented to the committee for consideration.Option No.1 (more change)proposed preservation of agricultural/rural residential uses in the southwest corner of the Plan Area,reducing single family uses away from busy corridors,and reducing land use density within the interior of the quarter-sections.Option No.2 (moderate change)proposed to lower land use density throughout the Plan Area,and focuses higher residential density and commercial land uses on portions of key corridors.The key corridors include portions of Ashlan,Blythe,Shaw, Veterans,Shields,and Clinton.Option No.3 (less change)proposed lower density throughout the Plan Area,and preserved rural residential land uses throughout the Plan Area.The committee selected Option No. 2 (moderate change). Phase 3:Draft Land Use Map &Guiding Principles.Once the land use framework and concept were determined,they were applied to the draft land use map.The committee used all of the input received from the community conversations,kick-off survey results,existing conditions reports,and individual discussions with community members to make their decisions.The draft land use map attached as Exhibit D is the end result of the committee’s initial work. Land Use.The committee voted to reduce the density of residential land uses along the most western and southwestern edge of the Plan Area,while still encouraging a balanced range of housing types throughout the West Area.The concept of complete neighborhoods established in the General Plan was reaffirmed by the committee,but with higher density housing,office,commercial,and mixed -use land uses placed along corridors instead of in the middle of neighborhoods as depicted in the General Plan’s Planned Land Use Map.The committee maintained mixed-use land uses along the West Shaw Avenue corridor in anticipation of future transit service in the Plan Area.Also,the West Shaw Avenue corridor will serve as a town center for the Plan Area that will allow for pedestrian-and transit-oriented development. Parks.The Parks Master Plan adopted in 2018 identified that Development Area -1 North (DA-1 North),where the West Area is located,does not have any regional/open space/special use parks. The Parks Master Plan determined that approximately 71 acres of regional/open space/special use parks are needed to meet the 2017 population estimates,and 129 acres are needed to meet the 2035 population estimates.Community members and the committee expressed strong support for the location of a flagship regional park to be located in the West Area,and would like a regional park land use designation placed on the land use map.Planned parks,except parkland already owned by the City,are generally shown with a dual designation land use.Dual designation allows private development to occur in the instance that the City is not prepared to purchase and subsequently develop the parcel(s)into parkland.Community members and the committee have held vigorous debate over the location of a flagship regional park north and south of West Shaw Avenue.The committee voted to have three areas studied during the environmental review phase of the plan process. The three areas are attached as Exhibit G. Sphere of Influence.The committee recommended studying the expansion of the Plan Area’s Sphere of Influence through the environmental review process.The proposed area is bounded by West Shields Avenue to the north,Grantland Avenue to the east,West Clinton Avenue to the south, and North Garfield Avenue to the west.The proposed expansion of the Sphere of Influence is shown on the draft land use map which is attached as Exhibit D. City of Fresno Printed on 3/17/2023Page 4 of 7 powered by Legistar™ File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: Guiding Principles.After receiving public input,the committee voted to accept the draft guiding principles.The draft guiding principles reflect the West Area community’s vision to include an enhanced and improved multimodal transportation network,a variety of housing types,post- secondary educational opportunities, and components of agriculture within the Plan Area. Relationship to Other Plans The Specific Plan of the West Area relates to other planning efforts previously completed.They are listed below: §The Highway City Neighborhood Specific Plan (1998) The Highway City Neighborhood Specific Plan was adopted January 6,1998 and was prepared to address problems,issues,and opportunities of the Highway City neighborhood, especially for individuals who live,work or have a long-time involvement in the community. One of the guiding principles for the Highway City Neighborhood Specific Plan encouraged development of traditional neighborhoods characterized by a diverse but compatible arrangement of residential,commercial,industrial,and public uses that was to be reinforced by existing and established single-family residential areas.The Specific Plan of the West Area would repeal a portion of the Highway City Neighborhood Specific Plan to avoid overlap and confusion with the Specific Plan of the West Area,but would carry forward any relevant area- specific policies. §The West Area Community Plan (2002) The West Area Community Plan was adopted on February 1,2002 as “Appendix W”of the 2025 General Plan.The core goals of the Community Plan were to develop the West Area as a planned community with a complete range of services,facilities and public infrastructure development,and to minimize land use conflicts between agriculture and urban uses.This Plan would replace the Community Plan, but would carry forward any relevant policies. §The General Plan (2014) The General Plan was adopted on December 18,2014 and sets the stage for the initiation of this Plan.This Plan will refine the General Plan’s vision for the West Area.The General Plan created policies and implementation plans to achieve a long-term vision which emphasizes infill development, complete neighborhoods, and multi-modal transportation. §Fresno Municipal Code Chapter 15: Citywide Development Code (2015) The main purpose of the Development Code,which was adopted in 2015,is to implement the General Plan and other adopted plans.The Development Code is the city’s zoning code,and it seeks to protect and promote the public health,safety,peace,comfort,convenience, prosperity,and general welfare of the residents of the City of Fresno.It allows for the orderly allocation of land for development by classifying the city into districts or zones that allow various land uses,including residential single-family,residential multi-family,mixed-use, commercial,public and semi-public,downtown and employment districts.This Plan will reference the Development Code and applicable regulations for the West Area. City of Fresno Printed on 3/17/2023Page 5 of 7 powered by Legistar™ File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: §The Active Transportation Plan (2017) The Active Transportation Plan (ATP)was adopted on March 2,2017 and serves as the city’s comprehensive guide outlining the vision for active transportation.The ATP envisions a complete,safe,and comfortable network of trails,sidewalks,and bikeways that serve as a means for people to safely get to their destinations while reducing roadway congestion and improving the air quality.This also results in replacing vehicle miles traveled with walking or biking.Both existing and planned Class II bike lanes are outlined for the West Area.Class I bicycle and pedestrian paths are planned for in the West Area with three eastward connection points over Highway 99 at Herndon Avenue,Veterans Boulevard,Gettysburg Avenue,and the Herndon Canal which abuts West Shaw Avenue. The ATP will be referenced in this Plan. §The Parks Master Plan (2017) The Parks Master Plan (PMP)was adopted on December 14,2017 and serves as a community-based vision and road map for planning a complete and functional park system in the city of Fresno.It examined the General Plan’s level of service goals for park land and determined the amount of acreage needed for the city’s existing and future population.The PMP articulates a vision for improving Fresno’s park and open space system formed by public input and based on thorough analysis.Priorities of Fresno community members,institutional leaders,and policy makers are reflected in the PMP.The goals and recommendations of the PMP for the Plan Area will be further developed later in the planning process. ENVIRONMENTAL FINDINGS Initiation of a Specific Plan is not a “project” for the purposes of CEQA Guidelines 15378. Planning Commission On May 1, 2019, the Planning Commission recommended that the City Council initiate the Specific Plan of the West Area Draft Land Use Map and Guiding Principles as presented. The Planning Commission resolution is attached as Exhibit I. LOCAL PREFERENCE Local preference was not considered because this project does not include procurement. FISCAL IMPACT The FY2019 Budget appropriated $400,000 from the General Fund to complete the Environmental Impact Report and Infrastructure Financing Plan. Attachments: Exhibit A:Project Location Map Exhibit B:Project Schedule Exhibit C:Steering Committee Roster Exhibit D:Draft Land Use Map Exhibit E:General Plan Planned Land Use (West Area) Exhibit F:Draft Guiding Principles City of Fresno Printed on 3/17/2023Page 6 of 7 powered by Legistar™ File #:ID19-1716 Agenda Date:6/13/2019 Agenda #: Exhibit G:Regional Park Options Exhibit H:Specific Plan of the West Area Initiation Document Exhibit I:Planning Commission Resolution Exhibit J:City Council Resolution City of Fresno Printed on 3/17/2023Page 7 of 7 powered by Legistar™ ·|}þ ·|}þ BrawleyShields GrantlandHayesMarksCorneliaAshlan Sha w Bullard Herndon Dak ota Clinton Gettysburg Barstow Sierra BryanHughesPolkValentineBlytheClintonGarfield VALENTINE AVEDANTEAVEMARKS AVEGATES AVEEMERSONAVEVAN NESS BLVDMARKS AVEPOLK AVES IE R RA AV E D A K O TA AV E HUGHES AVESPRUCEAVE RIVER VISTA DR ALL UV IA L AV E POLK AVEAS HL AN AV E EMERSON AVE P A L O A LT O AV E FI G A RD E N D R H E R N D O N AV E VALENTINE AVECORNELIA AVEHAYES AVEHUGHES AVESIE R RA AV E BRAWLEY AVEMILBURN AVEB U L L A R D AV E SP RU C E AVE B A R S T O W AV E ES CA L O N AV E SHAW AV EBRAWLEY AVEBLYTHE AVEHAYES AVEGRANTLAND AVES H I E L D S AV E B U L L A R D A V E O L I V E AV E M C K I N L E Y AV ECECELIA AVEGOLDEN STATE BLVD MARTY AVESANTA FE AVE W E B E R AV E BRAWLEY AVES A N J O S E AV E RIV E R SID E D R JEANNE AVE BLYTHEAVE99 99 Date: 3/29/2019 LEGEND Sp ecific Pla n o f th e West Area City Limits Fresno Existing Sphere of Influen ce City of Fresno Project Location Map Spe cific Pla n of the We st Are a ®Development and Resource Management Department Development and Resource Management Department Jennifer K. Clark, AICP, HDFP Director WEST AREA SPECIFIC PLAN PROJECT SCHEDULE Milestone Milestone End Date Project Kick-off and Existing Conditions Report Completed: 2/15/2018 Initial Community Outreach Completed: 6/14/2018 Selection of Draft Land Use Map and Guiding Principles by the Steering Committee Completed: 2/27/2019 Plan Initiation through Planning Commission and City Council Anticipated: 5/16/2019 Environmental Impact Report: Notice of Preparation and Scoping Anticipated: 6/30/2019 Public Review of Draft Specific Plan and Environmental Impact Report Anticipated: 2/1/2020 Plan Adoption Anticipated: 6/25/2020 STEERING COMMITTEE ROSTER Appointed Members David Pena, Chairperson Deep Singh, Vice Chairperson Cathy Caples *Tina McCallister – Boothe Jeff Roberts Tiffany Mangum John Kashian Bill Nijjer Gurdeep Shergill Joseph Martinez Dennis Gaab Eric Payne City Staff Sophia Pagoulatos, Planning Manager Rodney Horton, Planner *Alternate, Non-Voting ·|}þ ·|}þ BrawleyShields GrantlandHayesMarksWestCorneliaAshlan Shaw Bullard Herndon Dakota Clinton Gettysburg Barstow Sierra BryanHughesPolkValentineBlytheClintonGarfieldSteering CommitteeRecommendedSOI Expansion 99 G BP C EC G C C G C G G G G G G GG NMX G GG G GNMX G NMXNMX NMX NMX CH PB PB PB PB PB NPNP NP G NP POS CP NP NPNP NPNP NP NPNP NP NP OS CH EE E E E E/M/H H SS SS CMXNMX CH CH NMX G FS NMX NP NMXNMX CMX NP CHC C BP C NMX PB G G G G G C-R NMX CMX PB NMX CH CH FS G GGG G G G G PB R CH CH P G NMXG PB NP PB NP B U L L A R D AV E VALENTINEAVEE MERSONAVE D ANTEAV E D A K O TA AV EGATESAVEVANNESSB L V D MA R KSAVEPOLKA VEHUGHESAVES PRU C EAVE A S H L A N AV E 9 9 H WY C L I N T O N AV E S H A W AV E EMERSONAVE PA L O A LT O AVE S I E R R A AV EFIGARDENDRHAYES AVE B A R S T O W AV E BRAWLEY AVEMILBURNAVEWEST AVES P R U C E AV E E S C A L O N AV E BRAWLEYAVES H I E L D S AV E B U L L A R D A V E C ECELIAAVEGOLDENSTATEBLVD MAR TYAVE 99HWY SANTA FE AVE WEBERAVE S A N J O S E AV E RIV E R SID E DR 99H W Y H E R N D O N AV E 99 West Area Specific PlanSteering Committee Proposed Land Use Changes BOUNDARIES West Area Specific Plan Boundary Sphere Of Influence Steering Committee Recommended SOI Expansion®Date: 2/28/2019 Legend RESIDENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High Density (30-45 D.U./acre) COMMERCIAL Community Recreation General Regional EMPLOYMENT Office Business Park Light Industrial MIXED USE Neighborhood Mixed Use Corridor/Center Mixed Use Regional Mixed Use OPEN SPACE Community Park Pocket Park Neighborhood Park Open Space Park Ponding Basin PUBLIC FACILITIES Public/Quasi-public Facility Special School Elementary School Elementary & Middle School Elementary, Middle & High School High School Church Fire Station BP CP NP P PB SS E E&M H E/M/H CH FS R G C-R C NMX CMX RMX CP C C CC CC C C CC C G G G G G G G G CMX PB PB PB PB NP NP CP NP CP NP NP NPNP NP NPNP NP NP CH EE E E E E/M/H H SS SS BP RMX NP RMXRMX RUN RUN RUN RUN RUN C PB RUN G G G C-R RUN PB VALENTINE AVE EMERSONAVE DANTEAV E BULLARD AVE GATESAVECLINTON AVEVANNE S S BLV DMARKSAVE POLK AVESIERRA AVE DAKOTA AVE HUGHES AVESPRU C EAVE RIV ER VISTA D R ALLUVIAL AVE ASHLAN AVE SHAW AVE EMERSONAVE PAL O ALTO AVE FIGARDENDRHAY ESAVE BRAWLEY AVEMILBURNAVEVALENTINE AVESPRUCE AVE SIERRA AVE ESCALON AVE BRAWLEY AVESHIELDS AVE BULLARD AVE C ECELIAAVEGOLDENSTATEBLVD MARTYAVE MCKINLEY AVE HERNDON AVE BARSTOW AVE SA N T A F E A V E WEBERAVE SAN JOSE AVE RIV E R SID E D R JEA N N E A V E BLYT HEAVE99 99SANJOAQUINRIVER Source: City of Fresno RESIDENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High Density (30-45 D.U./acre) General Plan Land Use Map ´ Date: 4/2/2019 This map is believed to be an accurate representationof the City of Fresno GIS data. However, we makeno warranties either expressed or implied for thecorrectness of this data. 0 0.50.25 Miles COMMERCIAL Community Recreation General OPEN SPACE Community Park Open Space - Ponding Basin Neighborhood Park Open Space Park CP NP P PB PUBLIC FACILITIES Public/Quasi-public Facility Special School Elementary School Elementary, Middle & High School High School Church Fire Station SS E E/M/H H CH FS BOUNDARIES City Limits West Area Specific Plan Boundary Sphere Of Influence EMPLOYMENT Office Business Park Light Industrial BP MIXED USE Corridor/Center Mixed Use Regional Mixed Use CMX NMX Steering Committee David Pena, Chairperson Deep Singh, Vice Chairperson Dennis Gaab Joseph Martinez Tiffany Mangum Cathy Caples Jeff Roberts John Kashian Bill Nijjer Eric Payne Gurdeep Shergill Tina McCallister – Boothe, Alternate DRAFT – The West Area’s Guiding Principles The guiding principles, as amended by the Steering Committee, are designed to form the direction of the Specific Plan, and how the Plan can best benefit the future of the West Area. The guiding principles incorporate input received from community members and formal recommendations of the Steering Committee. Transportation Accommodate and improve roadway access, connectivity and mobility among all modes of transportation, and prioritize roadway widening where bottlenecking exists. Accommodate planned transit services in the West Area by locating routes near or adjacent to the community centers, schools, parks, and retail centers. Provide a complete, safe, and well-maintained sidewalk network from residential neighborhoods to commercial centers, schools, parks, and community centers. Provide a complete, safe, and well-maintained roadway network that allows for efficient and smooth access from the West Area to other sections of the city and region. Parks & Trails Create parks that are within existing and planned neighborhoods that are easily accessed by community members using pedestrian and bicycle pathways, transit services, or motor vehicles, consistent with the City of Fresno’s Parks Master Plan. Provide for the location of a flagship Regional Park in the Plan Area that has components of the Plan Area’s agricultural history through the planting of drought- resistant vegetation or trees, and the creation of public art that exhibits the Plan Area’s contribution to the agricultural industry. Agriculture Incorporate elements of agriculture in future parks by planting a mixture of native drought-tolerant vegetation, shrubs, and trees that can serve to provide shade and enhance the streetscape. Encourage and provide land use opportunities for agri-tourism ventures to occur in the West Area. Encourage the development of harvest – producing community gardens. Retail Attract desired and needed local retail establishments to serve the needs of the West Area community. Such establishments include grocery stores, bakeries, restaurants other than fast food places, and boutiques. Discourage the expansion of undesirable retail establishments such as liquor stores, tobacco and vapor stores, short-term loan and pawn shops, and adult stores. Encourage the development of retail establishments along commercial corridors. Housing Encourage a variety of housing types and styles. Encourage the development of housing to accommodate an aging population including, multi-generational houses and other elder housing options. Reaffirm the City’s commitment and obligation to affirmatively furthering access to fair and affordable housing opportunities by strongly encouraging equitable and fair housing opportunities to be located in strategic proximity to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes. Catalytic Corridors Encourage the orderly and consistent development of civic, parkland, retail and commercial, mixed-use, and multi-family uses along West Shaw Avenue, West Ashlan Avenue, Veterans Boulevard, West Shields Avenue, West Clinton Avenue, and Blythe Avenue. Education Attract much needed educational opportunities for the residents of the West Area, especially for post-secondary education, and access to programs for life-long learners. Public Safety Provide for safe routes to schools for children, with the City and County working together with residents, to provide sidewalks in neighborhood that have sporadic access. Work to promote Neighborhood Watch in all neighborhoods, and further assess the need for the location of emergency response facilities west of Highway 99. Barstow AvenueShaw AvenueGrantland AvenueBREGIONAL PARK OPTIONS TO BE STUDIED DURING ENVIRONMENTAL REVIEWA. A Flagship Regional Park in the most northern portion of the Plan Area (40 acres)B. A Flagship Regional Park just north of Shaw Avenue with a trail connecting to Veterans Blvd (55 acres)A REGIONAL PARK OPTIONS TO BE STUDIED DURING ENVIRONMENTAL REVIEWCW. Clinton AvenueW. Shaw AvenueN. Bryan AvenueC. A Flagship Regional Park on Bryan Avenue, extending from Shields Avenue to W. Clinton Avenue (79 acres) WEST AREA i n i t i a t i o n r e p o r t | m a y 2 0 1 9 specific plan of the Alternate formats of this document will be provided by the City upon request. To request alternate formats contact: Shannon M. Mulhall, Certified Americans with Disabilities Act Coordinator at (559) 621-8716. WEST AREA i n i t i a t i o n r e p o r t | m a y 2 0 1 9 specific plan of the Specific Plan of the West Area: Initiation Report | Table of Contents TABLE OF CONTENTS 1 2 1 PLAN INTRODUCTION 1-1 1.1 Introduction 1-1 1.2 Plan Area History 1-2 1.3 The Plan Area 1-9 1.4 Farmland 1-9 1.5 Political Background 1-9 1.6 Other Planning Efforts 1-11 Impacting the West Area 1.7 West Area Profile 1-13 2 PLAN PROCESS & VISION 2-1 2.1 Draft Land Use Map & Guiding Principles 2-6 3 3 PUBLIC ENGAGEMENT 3-1 3.1 Stakeholder Input 3-1 3.2 Community Conversations 3-2 3.3 Community Surveys 3-6 1-1Specific Plan of the West Area: Initiation Report | Introduction PLAN INTRODUCTION1 1.1 Introduction The last time the West Area was comprehensively planned for was in 2002 when city leaders adopted the 2025 General Plan. That Plan included the West Area Community Plan which consisted of 13 pages of policies and goals. Before the Community Plan was adopted, a small portion of the Plan Area was included in the Highway City Neighborhood Specific Plan which was completed in 1998. However, that plan applies to only 5% of the West Area. The people of the West Area wanted a new long-range planning tool that updated the vision provided in these older plans that addressed current issues. The Specific Plan of the West Area (the Plan) will serve as the catalyst for development as well as a vital instrument for much needed infrastructure improvements. The West Area has long been considered “Forgotten Fresno” due to limited commercial amenities, a fragmented roadway system, and leapfrog development. The residents of the West Area continue to advocate for transportation improvements, development that respects agriculture, and commercial amenities. The Plan lays the foundation to make the West Area a complete neighborhood that moderates residential development and increases opportunities for commercial growth. The Plan reiterates, and in some instances, refines policies from the General Plan on a range of topics that include land use and development, transportation, the environment, parks, and public utilities. The Plan will be used by policymakers to guide decisions about the future of the Plan Area, to make land use determinations, and to acquire federal and state grant funding for public projects. The Plan will also be used by community organizations, developers, and residents as a basis for future partnerships and planning. image taken by City staff of West Area agriculture on Shields Ave and Grantland Ave Specific Plan of the West Area: Initiation Report | May 2019 Draft1-2 1.2 Plan Area History Fresno was established as a settlement in 1872 by the Central Pacific Railroad Company, and more specifically by the choice of Leland J. Stanford, a Director for the Railroad, who is credited with the site selection for what was at the time the new station. Twenty-two years after California had become a state and after the Gold Rush had come and gone, Stanford was impressed by the 2,000- acre wheat field belonging to A. Y. Easterby and announced, “Wonderful! Here we must build the town!” During its earliest years, Fresno experienced a population boom, contributed to by settlers arriving from eastern and southern states, as well as abroad. Chinese immigrants were the earliest foreign settlers in Fresno and rapidly grew in numbers, to the point that Fresno obtained the second largest Chinatown in California. Fresno was established as the county seat in 1874 and 1885 became incorporated as a city. The Central California Colony, established in 1875 south of Fresno, encompassed approximately 3,840 acres. During the 1880s, Fresno continued to see incoming settlers from abroad, at an increase and in greater diversity - specifically settlers from Armenia, Germany, and Japan, among other groups. During the early 20th century, there was a large influx in the Hispanic population. Today, Fresno celebrates a diverse citizenry of more than seventy different ethnic groups in the metropolitan area. As the geographic center of the State, Fresno County is located in the San Joaquin Valley – cradled by the coastal ranges to the west and the Sierras to the east. The two large rivers that flow through the county are the San Joaquin River and the Kings River – both heading from the Sierras. By 1903, there were forty-eight separate colonies in Fresno County. Tracts of land were subdivided ranging from 20-acre to 40-acre parcels, irrigated from a system of canals, and often landscaped with boulevards of palms, eucalyptus, figs, walnuts, oranges, and drought-resistant trees. The Muscatel Estate as well as portions of the Dewitt and Victoria colonies were within the boundaries of what is now Specific Plan of the West Area. By 1910, the colony system had begun to lose its popularity, and large holders were beginning to sell off portions of their land to farming families. Fresno was established as a railroad town but it thrived in agriculture. Central Union High School, 1922, Fresno County Public Library, Special Collections. 1-3Specific Plan of the West Area: Initiation Report | Introduction deemed utterly worthless. / Enterprise, combined with push and energy, have wrought miracles, and to-day Fresno county - the principal portion of which lies in the valley of the San Joaquin - is the scene of agricultural industries of all kinds. / Here there are wheat fields - through which one may drive all day without reaching the end. Fruits of every variety flourish here, and yield prolifically. In this valley are grown and dried the finest white figs produced in the State. Peaches, pears, apricots and nectarines have all been planted and have produced marvelous results. / The product, however, which will cause the name and fame of Fresno to be sounded far and wide is the grape. Without exception, the natural advantages afforded here for the cultivation of The following excerpted from an exposé on “Fresno Vineyards” from The Examiner, San Francisco on April 6, 1890 provides a narrative glimpse of Fresno’s origins in agricultural vibrancy: “It is not many years ago that the vast expanse of level plains that constitute the valley of the San Joaquin was by most people considered a barren desert of little or no value. If the winter season had been a sufficiently wet one there would be a little pasture for large flocks of sheep and herds of cattle that roamed about at will in the wild and unsettled region until the intense heat of a July sun, withering and scorching every bit of herbage, would compel them to resort to the foothills and mountains again. If, however, the season had been a dry one, these thousands of acres were at best Map showing Colony System of Settlement, Fresno Co. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-4 Highway 99 as it is known today is a relatively recent creation. Native populations found value in the north-south route prior to the existence of a California. Once the route’s modern era began, it gained momentum at a rapid pace – “horses, carts, and stages gave way to railroads, and railroads then yielded to today’s paved lanes” (Provost, Highway 99, XI). “In its passage through the long, level stretch of the San Joaquin Valley,” also known as California’s heartland and more precisely between the towns of Wheeler Ridge and Sacramento, “Highway 99 was heralded as, and continues to be known as, the Golden State Highway” (Buckley, “Highway 99,” 28). Much of the highway through the Valley was widened to at least twenty feet by the early 1930s, but a portion near Fresno was widened to thirty feet to accommodate the Valley’s heaviest agricultural traffic (Livingston, That Ribbon of Highway II, 60). By 1960, the multi-lane upgrading of Highway 99 through Fresno was completed to allow for faster transit. In contrast to the modern thoroughfare, motorists driving north from Fresno in 1916 would have encountered a sign that read the following: “Motorists attention! You are on your honor. Fresno County has no speed cops. Drive so they will not be needed. Speed limits 30 miles per hour” (Buckley, “Highway 99,” 32-33). vines, and especially for the curing of raisins, are unequaled in this State, if not in the whole world. Already Fresno wines and Fresno raisins are famous throughout the length and breadth of the county.”Specific reference is also made to the Muscatel grape: “The sweet Muscatel variety is the grape used for raisin-making. This was the first brought from Spain, where it is known as the Muscatel de Gordo Blanco. Muscatel is the Moorish for large white, and Gordo Blanco - the Spanish for fat white.” In the introduction to her 1942 Master’s thesis entitled “Pioneer Colonies of Fresno County,” Virginia Emily Thickens actually references these colonies very early in their history as “the principal competitor of Spain in viticulture.” Enterprise was key to the success of agriculture in Fresno County, through pioneer leaders such as M. Theodore Kearney, but so was advertising. The article referenced above is one example. Most famously, Kearney “embarked on a campaign which was painted so attractively as to lure the least gullible of speculators or homeseekers.” In 1912, James Clayton Forkner moved to Fresno. He helped establish Highway City, a neighborhood for the occupation of industrial and farm workers. The neighborhood name refers to its straddling of Highway 99, which is the eastern boundary for the Specific Plan of the West Area. Therefore, it is the southwestern portion of Highway City that falls within the boundaries of this Plan. The West Area is approximately bounded by Highway 99 to the northeast, West Clinton Avenue to the south, and North Garfield Avenue to the west. When it was established, Highway City was not incorporated, or within the city limits of Fresno. In fact, it was not until the 1970s when any portion of what is now referred to as the West Area began being annexed. Outside of this portion of Highway City, a significantly large portion of the West Area remained farmland until Highway 99 was established and began undergoing improvements for automobile access. Ultimately, these improvements encouraged further land development and population growth within this region northwest of the city’s urban core. The city annexed land west of Highway 99 as recent as the early 21st century, which includes undeveloped and underutilized lands adjacent to established commercial corridors. 1-5Specific Plan of the West Area: Initiation Report | Introduction The West Area currently has one designated historic resource. The Brewer Adobe, also referred to as the José Garcia Adobe, is located near the southwest corner of West Shaw Avenue and North Hayes Avenue - within the boundaries of Highway City and fairly central within the West Area. The Brewer Adobe was constructed between 1923 and 1937 as a residential property type and is the only extant example of a vernacular building in the Fresno area that employs three construction techniques: traditional adobe brick, board and batten over frame, and hardpan with brick masonry construction. José Garcia was the first known tenant and owner. The property was first evaluated as a historic resource in 1996 and referred to as the Brewer Farm, with Les Brewer as the property owner. The sign of course became obsolete over the years, as did the series of improvements to the roads that followed leading to the construction of the freeway. Several landmarks in Fresno were associated with old Highway 99 that ultimately became bypassed with the construction of the freeway including the Van Ness Entrance Gate welcoming motorists to Fresno; Belmont Circle that routed traffic from H Street via an underpass onto Motel Drive and alongside Roeding Park; one of the Richfield Beacons located approximately every fifty miles along Highway 99 that aided in guiding motorists as well as flyers; and more relevant to the West Area – the recently-demolished Astro Motel, located on the north end of what was known as Motel Drive between W Ashland and W Dakota avenues. The Astro was one of many motels along Motel Drive, an example of the numerous motel strips that “sprang up at entryways to cities along the highway… The bright neon beckoned nighttime travelers to stop for the night and grab some shut-eye” (Provost, Highway 99, 159). Fresno Vineyards, The Examiner San Francisco, 1890. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-6 And, it was found that the Brewer Adobe embodies the exchange of construction and design ideas that could develop in such a region. The Brewer Adobe is a fragile but extraordinary resource that is critical to the understanding of the area’s working class history and the story of adobe and hardpan construction in the San Joaquin Valley. Despite the fact that the region of Fresno now referred to as the West Area was not incorporated into the city until more recent years and that there is currently only one designated historic resource within its boundaries, it is a region that has a history dating back to the original settlement of Fresno which has yet to be fully explored. It remains the final frontier for the city and further research will undoubtedly reveal more hidden gems. Located in an area that was originally known as “Hardpan City”, the residents in this locale utilized those building materials which were available to them, including adobe brick and hardpan. This building exhibits a traditional Hispanic use of earthen materials in the construction of a house which closely resembles a bungalow. The fusion of these attributes became relatively common in the Central Valley by the 1920s, and interest in the use of adobe in particular increased by the economic Depression during the 1930s. The influences of Baldassare Forestiere’s Underground Gardens, another designated historic resource located seven-tenths of a mile east of the Brewer Adobe, undoubtedly influenced the use of hardpan as a building material. Property research from 1997 revealed that the area within the area where the Brewer Adobe is located, there has been an ethnic diversity among residents which included people of Mexican, Italian, and Swedish descent. 1-7Specific Plan of the West Area: Initiation Report | Introduction Fresno County Highways Aerial, 1942. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-8 UV41 UV99 UV41 UV99 UV145 UV180 UV168 UV168 UV180 Source: City of Fresno FIGURE 1-1 Regional Location Map Date: 4/2/2019 This map is believed to be an accurate representation of the City of Fresno GIS data. However, we make no warranties either expressed or implied for the correctness of this data. Specific Plan of the West Area Fresno City Limits Fresno County 1-9Specific Plan of the West Area: Initiation Report | Introduction 1.3 The Plan Area The Plan Area is triangular in shape and located west of Highway 99. It is bounded on the south by the north side of West Clinton Avenue, and to the west by Grantland and Garfield Avenues. The Plan Area includes the southwest portion of Highway City adjacent to Highway 99. Figure 1.1 shows the Plan Area in relationship to the region. The West Area is vast in land area which presents opportunities for development. For purposes of comparison, the size of the West Area is larger than the Capitol cities of Maryland (Annapolis), New Jersey (Trenton), Pennsylvania (Harrisburg), and Vermont (Montpelier). The West Area encompasses 7,077 acres or a little more than 11 square miles. A significant amount of land in the Plan Area is farmland or rural residential lots with large, uneven, and underutilized parcels. Of the eleven square miles, 6.9 square miles are in the city limits and 4.1 square miles in the growth area. The growth area is land outside the city limits but within the city’s Sphere of Influence boundary, which is the adopted limit for future growth. The West Area has approximately 3,070.95 acres of land that is classified as Urban and Built-Up, according to the State Department of Conservation. Prime farmland is principally located outside of the Plan Area. The West Area has 285.65 acres of Farmland of Statewide Importance which is located primarily in the western edge of the Plan Area. Unique Farmland has 509.39 acres within the Plan Area and is located within the southwest portion of the Plan Area. Farmland of Local Importance has approximately 1,562.82 acres located throughout the entire Plan Area. Vacant or Disturbed Land and Rural Residential Land account for approximately 1,650.17 acres within the growth area. 1.4 Farmland Fresno County is ranked as one of the top agricultural counties in California. In 2017, county produce had nearly $6.1 billion in crop value. A majority of the crops are grapes, almonds, cotton, and citrus. The Fresno region has rich history in agriculture that spans from A.Y. Easterby’s lush wheat field to Sicilian immigrant Baldassare Forestiere’s Underground Garden. Currently, residential and commercial development in the West Area abuts prime farmland. For many years the West Area was largely fig orchards. This Plan will incorporate policies that respect agriculture, and incorporate components of agriculture into the West Area’s future. 1.5 Politcal Background The Plan Area is situated in the 16th Congressional District, the 8th State Senatorial District, and the 23rd and 31st State Assembly Districts. The Plan Area is also situated in County Supervisorial District No. 1. In addition, the Plan Area is represented by three City Council Districts. Council District No. 1 represents a majority of the Plan Area’s population and covers a significant portion of the land in the middle of the Plan Area extending from the south side of West Shaw Avenue to the north side of West Shields Avenue. Council District No. 2 covers land in the northern portion of the Plan Area extending from the north side of West Shaw Avenue to the northern edge of the city’s boundary. Council District No. 3 includes land in the southeast portion of the Plan Area extending from the south side of West Shields Avenue to the north side of West Clinton Avenue. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-10 Image taken by City staff, Grantland Ave and Olive Ave. 1-11Specific Plan of the West Area: Initiation Report | Introduction 1.6 Other Planning Efforts Impacting the West Area This Plan serves as the first major specific planning effort, environmental evaluation, and infrastructure analysis for the West Area. However, other planning efforts have occurred or are in process as described below. • The Highway City Neighborhood Specific Plan (1998) The Highway City Neighborhood Specific Plan was adopted January 6, 1998 and was prepared to address problems, issues, and opportunities of the Highway City neighborhood, especially for individuals who live, work or have a long-time involvement in the community. One of the guiding principles for the Highway City Neighborhood Specific Plan encouraged development of traditional neighborhoods characterized by a diverse but compatible arrangement of residential, commercial, industrial, and public uses that was to be reinforced by existing and established single-family residential areas. The Specific Plan of the West Area would repeal a portion of the Highway City Neighborhood Specific Plan to avoid overlap and confusion with the Specific Plan of the West Area, but would carry forward any relevant area-specific policies. • The West Area Community Plan (2002) The West Area Community Plan was adopted on February 1, 2002 as “Appendix W” of the 2025 General Plan. The core goals of the Community Plan were to develop the West Area as a planned community with a complete range of services, facilities and public infrastructure development, and to minimize land use conflicts between agriculture and urban uses. This Plan would replace the Community Plan, but would carry forward any relevant policies. • The General Plan (2014) The General Plan was adopted on December 18, 2014 and sets the stage for the initiation of this Plan. This Plan refines the General Plan’s vision for the West Area. The General Plan created policies and implementation plans to achieve a long-term vision which emphasizes infill development, complete neighborhoods, and multi-modal transportation. The General Plan emphasizes supporting established neighborhoods in Fresno with safe, well maintained, and accessible streets, public utilities, education and job training, proximity to jobs, retail services, health care, affordable housing, youth development opportunities, open space and parks, transportation options, and opportunities for home grown businesses. Another key goal of the General Plan that will be reiterated in this Plan is to resolve existing public infrastructure and service deficiencies, make full use of existing infrastructure, and invest in improvements to increase competitiveness and promote economic growth. The Shaw Avenue Corridor from Highway 99 to Grantland Avenue is envisioned to be developed as a mixed-use corridor supported by enhanced transit service. This corridor includes high density and urban neighborhood residential components, along with retail, employment and civic uses. The General Plan proposes the location of a 40-acre park along the east side of the Veterans Boulevard between Shaw Avenue and Barstow Avenue, which will anchor a West Shaw Transit Village. The proposed park is bisected by a Class I bike trail along the Herndon Canal. This vision is supported by the West Area community and will continue in this Plan, albeit with lower density and possibly with integration of more open space. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-12 A regional mixed-use center is designated between Veterans Boulevard and Grantland Avenue. These land uses will be mixed both vertically and horizontally, and represent the transit – oriented cores of Complete Neighborhoods that connect with surrounding residential areas. It is important to note that the General Plan’s vision for the West Area is to provide opportunities for the development of Complete Neighborhoods. The concept of Complete Neighborhoods is to enable Fresnans to live in communities with convenient services, employment, and recreation within walking distance. It provides residents with amenities that make it mostly self-sufficient, walkable, and interconnected. The General Plan acknowledges that completeness is unlikely to be accomplished in each neighborhood; however it provides that the following characteristics can be combined to create an enhanced quality of life and increased property values: • A range of housing choices; • Neighborhood-serving retail; • Employment opportunities; • Public services, such as health clinics; • Entertainment and cultural assets; • Parks and public schools within or near the neighborhood; • Community services, such as a library, recreation center, senior center, and/or community garden; • Public plaza/civic space; and • Access to public transit. • Fresno Municipal Code Chapter 15: Citywide Development Code (2015) The main purpose of the Development Code, which was adopted in 2015, is to implement the General Plan and other adopted plans. The Development Code is the city’s zoning code, and it seeks to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the residents of the City of Fresno. It allows for the orderly allocation of land for development by classifying the city into districts or zones that allow various land uses, including residential single- family, residential multi-family, mixed- use, commercial, public and semi-public, downtown and employment districts. This Plan will reference the Development Code and applicable regulations for the West Area. • The Active Transportation Plan (2017) The Active Transportation Plan (ATP) was adopted on March 2, 2017 and serves as the city’s comprehensive guide outlining the vision for active transportation. The ATP envisions a complete, safe, and comfortable network of trails, sidewalks, and bikeways that serve as a means for people to safely get to their destinations while reducing roadway congestion and improving the air quality. This also results in replacing vehicle miles traveled with walking or biking. Both existing and planned Class II bike lanes are outlined for the West Area. Class I bicycle and pedestrian paths are planned for in the West Area with three eastward connection points over Highway 99 at Herndon Avenue, Veterans Boulevard, Gettysburg Avenue, and the Herndon Canal which abuts West Shaw Avenue. The ATP will be referenced in this Plan. 1-13Specific Plan of the West Area: Initiation Report | Introduction • The Parks Master Plan (2017) The Parks Master Plan (PMP) was adopted on December 14, 2017 and serves as a community-based vision and road map for planning a complete and functional park system in the city of Fresno. It examined the General Plan’s level of service goals for park land and determined the amount of acreage needed for the city’s existing and future population. The PMP articulates a vision for improving Fresno’s park and open space system formed by public input and based on thorough analysis. Priorities of Fresno community members, institutional leaders, and policy makers are reflected in the PMP. The goals and recommendations of the PMP for the Plan Area will be mentioned at a later period. 1.7 West Area Profile According to the United States Census Bureau, the Hispanic community is the largest ethnic group in Fresno, and the West Area. The Hispanic ethnic group includes Mexican, Puerto Rican, Cuban, and any other Hispanic or Latino groups. This trend is also representative throughout the entire state of California and is not limited to the city of Fresno and the West Area. In 2015, the Hispanic community edged out Caucasians as the largest ethnic group in the state of California. Gender dynamics in the state of California, city of Fresno, and the Plan Area show a nearly even divide between male and female portions of the population. 1.7 A. Race and Gender A M. IND. H ISPANIC W HITE B LACK A SIAN M IXED RACE 38.9%6.5%14.8%1.7%37.7%3.8% 48.9%7.5%12.7%0.5%28.1%2.3% 42.15%8.84%13.47%1.94%20%4.69% CALIFORNIA FRESNO WEST AREA Source: The United States Census Bureau FIGURE 1-2 RACE Specific Plan of the West Area: Initiation Report | May 2019 Draft1-14 ·|}þ ·|}þBrawleyShieldsGrantlandHayesMarksCorneliaAshlan Shaw Bullard Herndon Dakota Clinton Gettysburg Barstow Sierra BryanHughesPolkValentineBlytheClintonGarfield nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm nm 99 99VALENTINE AVEEMERSONAVE DANT E AVEB U L L A R D AV E GATES AVEVAN NESS BLVDM A R KSAVEPOLKAVED AK O TA AV E HUGHESAVERIVE R VIST A D R AL L UV I A L AV E AS H L A N AV E S H AW AV E EMERSONAVE F I GARD E NDRHAYESA VE BRAWLEYAVEMILBURN AVES P R U C E AV E S I E R R A AV EBRAWLEYAVE MC KI N L E Y AV E S H I E LD S AV E B U L L A R D A V E GOLD E N S TA T E BLV D MARTYAVE H E R N D O N AV E BA RS TO W AVE S A N TA F E A V E W EBER A V E S A N J O S E AV ERI V E R S I D E D R Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community Source: City of FresnoFIGURE X-X Parcels Proposed for Change Proposed Land Use Change Map ´ Date: 4/12/2019 This map is believed to be an accurate representatio n of the City of Fresno GIS data. However, we make no warranties either expressed or implied for the correctness of this data. 0 0.50.25 Miles School Districts Central Unified Fresno Unified BOUNDARIES Fresno City Limts Specific Plan of the West Area Sphere Of Influence School Facilities nm Head Start nm Elementary School nm Middle School nm High School nm Administration nm Alternative School nm Deran Koligian Stadium r *Proposed Elementary School FIGURE 1-3 1-15Specific Plan of the West Area: Initiation Report | Introduction • Polk Elementary School. Polk Elementary was named after former President James K. Polk, and is the first Fresno County schools to be themed on Californian history and the Westward Movement. • Preschool. Preschool services are provided for children who are 4 years of age. Public education is provided by 21 public schools within the Central Unified School District (CUSD) serving approximately 15,772 pupils. The following schools located in the Plan Area are: 1.7 B. Secondary Education • Central High School – East Campus. This school was built in 1996 to accommodate rapid growth and development within CUSD’s coverage area. • Central Learning Adult School Site (CLASS). CLASS is an alternative high school located on a campus it shares with the adult school. CLASS is a hybrid independent study program that incorporates direct instruction into traditional independent study model. • Glacier Point Middle School. Glacier Point Middle School enrolls approximately 893 students and provides a rigorous learning environment. • Harvest Elementary School. Harvest Elementary educates approximately 680 pupils in grades transitional kindergarten through sixth. • Herndon-Barstow Elementary School. Herndon-Barstow Elementary was originally a rural school without a natural population within its boundary to fill it to capacity. However, an increase in development has caused enrollment to spike. CUSD, as a whole, spans across and beyond the Plan Area amounting to a coverage area of approximately 88 square miles. CUSD primarily serves rural and suburban populations. Fuel by increased residential development since the early 2000’s, CUSD has experienced a hike in enrollment and as result has built new schools. The Board of Trustees serves as CUSD’s governing body, each elected from and representing an area, 3 trustee areas are located within the Plan Area. CUSD is preparing to build a new high school which is scheduled to open for the 2021- 22 school year. In addition, CUSD is also preparing to construct two new elementary schools totaling approximately $50 million. At the time of adoption of the General Plan, CUSD had 19 public schools; today CUSD has 2 additional schools. • Teague Elementary School. Teague Elementary School is located in close proximately to Inspiration Park and the proposed Highway City Community Resource Center. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-16 CUSD has large undeveloped tracts of land available for additional school buildings that are planned for within the Plan Area. The only school building currently located in Council District No. 3 is the Central Learning Adult School located near Shields and Brawley. The city of Fresno is home to several institutions of higher learning. California State University, Fresno, commonly referred to and known as Fresno State, is located in the northeastern section of the city, approximately X miles from the Plan Area. Fresno State is one of the largest and fastest growing campuses among the 23 CSU campuses. Another key postsecondary educational institution is the State Center Community College District, which operates Fresno City College. A new campus is proposed to be built south of the Plan Area is Southwest Fresno which will be situated approximately 5 miles south of the Plan Area. Fresno City College offers associate degrees and vocational training. The only postsecondary facility located within the Plan Area is A-1 Truck Driving School (A-1). A-1 provides educational assistance to students seeking to obtain a commercial driver license from the California Department of Motor Vehicles in order to operate large commercial vehicles for employment. 1.7 C. Postsecondary Education FRESNO PACIFIC UNIVERSITY FRESNO CITY COLLEGE CSUF SAN JOAQUIN VALLEY COLLEGE 12 Miles/ 22 Minutes 12 Miles/ 29 Minutes 13 Miles/ 19 Minutes 17.4 Miles/ 23 Minutes FIGURE 1-4 DRIVING DISTANCES Source: Directions, Google Maps 1-17Specific Plan of the West Area: Initiation Report | Introduction Approximately 82% of the state’s population has a high school education or higher, to include some college or an associate’s degree. 31% of the state has attained a bachelor’s degree or higher level of education. Educations levels are in the city as compared to the state. 75% of city residents have attained a high school education or higher, and 20% have attained a bachelor’s degree or higher. The West Area’s educational attainment level is lower than the state of California and the city of Fresno in all categories. 37% of West Area residents have attained a high school education or higher. Furthermore, a little over 8% of West Area residents have attained a bachelor’s degree or higher level. This subsection describes the educational attainment levels of the West Area population, as compared to the City of Fresno and the State of California. 1.7 D. Educational Attainment WEST AREA CITY OF FRESNO 37%8% 75%20% High School or Higher Bachelor’s Degree or Higher Bachelor’s Degree or HigherHigh School or Higher FIGURE 1-5 EDUCATION Source: United States Census Bureau Specific Plan of the West Area: Initiation Report | May 2019 Draft1-18 While the educational attainment level is lower than both the city and the state, the median household income levels of the Plan Area are higher than the city’s median household income level. The median household income for the state of California is $61,818 while the median household income for the city of Fresno is 41,531 while the median household income is $59,482. Further analysis of the Plan Area breaks down the income levels in Council District No. 1, Council District 2, Council District 3, and the growth area. The figure shows that the median household income of Council District No.2 surpasses the median household income level of both the state and city. It could be assumed that low education levels will translate to lower income levels. However, over 50% of the plan Area population is employed within the healthcare, agricultural, blue collar, or service sector employment. Blue collar employment is defined as having a job that is not performed in an administrative setting and is skills-based such as a welder, plumber, warehouse personnel, or maintenance. 1.7 E. Income and Jobs $61,818 $41,531 $59,482 $49,862 $79,566 $47,412 $61,071 State of California City ofFresno WestArea CouncilDistrict No.1 within Plan Area CouncilDistrict No.2 within Plan Area CouncilDistrict No.3 within Plan Area Sphereof Influence It is believed the reason income levels are fairly high in the Plan Area even though education levels are lower is because of blue collar and service sector employment. For example, 44% of those working within the blue collar employment sector have transportation jobs. According to a 2015 report from the American Trucking Association (ATA), the median annual wage for a truck driver is approximately $73,000. The ATA has noted compensation for truckers has increased approximately 12% per year. This is one example of an industry where the job may require only a high school diploma or GED, but the earning potential can exceed $70,000 per year. FIGURE 1-6 MEDIAN HOUSEHOLD INCOME Source: ArcGIS and United States Census Bureau 1-19Specific Plan of the West Area: Initiation Report | Introduction AgricultureEducation & RecreationHealth Care Service SectorBlue Collar EmploymentProfessional Service Management Business Financial Computer/Mathematical Social Sciences Social Services Legal Office/Administration Architect/Engineer Building Maintenance Construction Maintenace/Repair Transportation Production Sales Food Preparation Protective Services Health Practice Health Support Personal Service Education Library Services Arts Entertainment Recreation Farm Fisheries Forestry 32%30%17% 12%6%3% $530 $540 $680 $1,209 $1,209 $1,311 MEDIAN WEEKLY EARNINGS TOTAL AMOUNT OF JOBS 560 1,072 2,060 2,800 4,968 5,344 FIGURE 1-7 JOBS Source: 1. ESRI; Vintage 2017; 2017 Jobs (ESRI) 2. Usual Weekly Earnings of Wage and Salary Workers- Third Quarter 2017. Bureau of Labor Statistics. U.S. Department of Labor. October 18, 2017. Specific Plan of the West Area: Initiation Report | May 2019 Draft1-20 The City of Fresno provides vital public safety services to its residents, police and fire protection. The Police Department is headquartered at 2323 Mariposa Street in Downtown. Fresno has five policing districts and the West Area is located in Police District 5 – Northwest, but the police district office is not located in the Plan Area. It is located approximately 2.5 miles east at 3080 W. Shaw Avenue. It is important to note that Ambulatory services are contracted out and performed by American Ambulance. 1.7 F. Public Safety The Fire Department is headquartered at 911 H Street with 23 stations located across Fresno. The department has two stations located in the Plan Area. Fire Station No. 16 is situated at the northeast corner of the intersection of West Clinton Avenue and North Polk Avenue at 2510 N. Polk Street. In the northern portion of the Plan Area, Fire Station No. 18 is located off of West Bullard Avenue at 5938 North La Ventana Avenue. Fire Station 18 will be relocated to a permanent location on the south side of the 6000 block of West Shaw Avenue to maximize the department’s “4 Minutes to Excellence” response time goal. Image taken by City staff, Clinton Ave and Polk Ave. 2-1Specific Plan of the West Area: Initiation Report | Plan & Vision PLAN PROCESS & VISION2 Why are we doing this plan? The Specific Plan of the West Area (Plan Area) currently consists of a large amount of developable land within city and county limits. The West Area has the potential to grow and develop into its own vibrant community. The Specific Plan of the West Area (the Plan) seeks to provide for the orderly and consistent development that promotes and establishes the West Area as a complete neighborhood with enhanced transportation infrastructure, development of core commercial centers, creation of additional parkland, and encouraging the development of a diverse housing stock. The Plan Area does not have needed commercial amenities, forcing residents to travel east of Highway 99 for retail services. The Plan Area also lacks a complete roadway network and parkland. Graphic example of a Agrihood 2-2 Specific Plan of the West Area: Initiation Report | May 2019 Draft CP C C CC CC C C CC C G G G G G G G G CMX PB PB PB PB NP NP CP NP CP NP NP NPNP NP NPNP NP NP CH EE E E E E/M/H H SS SS BP RMX NP RMX RMX RUN RUN RUN RUN RUN C PB RUN G G G C-R RUN PB VALENTINEAVEEMERSONAVE DANTE A V EBULLARD AVE GATESAVECLINTON AVEVANNESSB L V DMARKS AVE POLK AVESIERRA AVE DAKOTA AV E HUGHES AVESPRU CE AVE RIVER VISTA D R ALLUVIAL AVE ASHLAN AVE SHAW AVE EMERSONAVE PALO ALTO AVE FIGARDENDRHAYES AVE BRAWLEY AVEMILBURNAVEVALENTINE AVESPRUCE AVE SIERR A AVE ESCALON AVE BRAWLEY AVESHIELDS AVE B U LL A RD AV E C ECELIAAVEGOLDENSTATE BLV D MA RTYAVE MCKINLEY AVE HERN DON AVE BARSTOW AVE SA N TA FE AV E W EBERAVE SAN JOSE AVE R I V E R S I D E D R JEA N N E AVE BLY T HEAVE99 99 S A N JO AQ U I N R IV ERSource: City of Fresno RESIDENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High Density (30-45 D.U./acre) FIGURE X-X General Plan Land Use Map ´ Date: 4/2/2019 This map is believed to be an accurate representation of the City of Fresno GIS data. However, we make no warranties either expressed or implied for the correctness of this data. 0 0.50.25 Miles COMMERCIAL Community Recreation General OPEN SPACE Community Park Open Space - Ponding Basin Neighborhood Park Open Space Park CP NP P PB PUBLIC FACILITIES Public/Quasi-public Facility Special School Elementary School Elementary, Middle & High School High School Church Fire Station SS E E/M/H H CH FS BOUNDARIES City Limits West Area Specific Plan Boundary Sphere Of Influence EMPLOYMENT Office Business Park Light Industrial BP MIXED USE Corridor/Center Mixed Use Regional Mixed Use CMX NMX FIGURE 2-1 2-3Specific Plan of the West Area: Initiation Report | Plan & Vision ·|}þ ·|}þBrawleyShields GrantlandHayesMarksCorneliaAshlan Shaw Bullard Herndon Dakota Clinton Gettysburg Barstow Sierra BryanHughesPolkValentineBlytheClintonGarfield 99 BP C EC G C C G C G G NMX G G PB PB PB PB PB NP P OS CP NP NPNP NP NP NP P CH EE E E E E/M/H H SS SS CH G FS NMX NP NMXNMX CMX NP CH C BP C G C-R CMX PB CH FS G G G R CH P PB PBVALENTINE AVEEMERSONAVE DANT E AVEB U L L A R D AV E GATES AVEVAN NESS BLVDM A R KSAVEPOLKAVED AKO TA AV E HUGHESAVERIVE R VIST A D R AL L UV I A L AV E A S H L A N AV E S H AW AV E EMERSONAVE F I G ARD E NDRHAYESA VE BRAWLEYAVEMILBURN AVES P RU C E AVE S I E RR A AV EBRAWLEYAVE MC KI N L E Y AV E S HI E L D S AV E B U L L A R D A V E GOLD E N S T AT E BLV D MARTYAVE 99 H WY H E R N D O N AV E B A R S TO W AV E S A N TA FE AV E W EBER A V E S A N J O S E AV ERI V E R S I D E D R 99 Source: City of Fresno RESIDENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High Density (30-45 D.U./acre) FIGURE X-X Proposed Land Use Map ´ Date: 4/12/2019 This map is believed to be an accurate representation of the City of Fresno GIS data. However, we make no warranties either expressed or implied for the correctness of this data. 0 0.50.25 Miles COMMERCIAL Community Recreation General Regional BOUNDARIES Fresno City Limts Specific Plan of the West Area Sphere Of Influence EMPLOYMENT Office Business Park Light Industrial BP MIXED USE Neighborhood Mixed Use Corridor/Center Mixed Use Regional Mixed Use NMX CMX RMX OPEN SPACE Community Park Pocket Park Neighborhood Park Open Space Park Ponding Basin CP NP P PB PUBLIC FACILITIES Public/Quasi-public Facility Special School Elementary School Elementary & Middle School Elementary, Middle & High School High School Church Fire Station SS E E&M E/M/H H CH FS Steering Com mittee Recommended SOI Expansion FIGURE 2-2 2-4 Specific Plan of the West Area: Initiation Report | May 2019 DraftVALENTINEAVEEMERSONAVE DANTE A V EBULLARD AVE GATESAVECLINTON AVEVANNESSB L V DMARKS AVE POLKAVES IERRA AVE DAK OTA AVE HUGHES AVESPRU CE AVE RIVER VISTA D R ALLUVIAL AVE ASHLAN AVE SHAW AVE EMERSONAVE PA LO A LTO AVE FIGAR DEN DRHAYE S AVE BRAWLEY AVEMILBURNAVEVALENTINE AVESPRUCE AVE SIERRA AVE ESCALON AVE BRAWLEY AVESHIELDS AVE B U L L A RD AV E C ECELIAAVEGOLDENSTATE BLV D MA RTYAVE MCKINLEY AVE HERNDON AVE BARSTOW AVE SA N TA FE AVE W EBER AVE SAN JOSE AVE R I V E R S I D E D R JEA N N E AVE BLY T HEAVE99 99 S A N JO AQ U I N R IV ERSource: City of Fresno RESIDENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High Density (30-45 D.U./acre) FIGURE X-X Parcels Proposed for Change General Plan Land Use Map ´ Date: 4/3/2019 This map is believed to be an accurate representation of the City of Fresno GIS data. However, we make no warranties either expressed or implied for the correctness of this data. 0 0.50.25 Miles COMMERCIAL Community General PUBLIC FACILITIES Public/Quasi-public Facility Fire Station BOUNDARIES West Area Specific Plan Boundary City Limits Sphere Of InfluenceOPEN SPACE Community Park Park Ponding Basin P PB EMPLOYMENT Business Park Light Industrial BP MIXED USE Corridor/Center Mixed Use Regional Mixed UseRMX CMX FIGURE 2-3 2-5Specific Plan of the West Area: Initiation Report | Plan & Vision ·|}þ ·|}þBrawleyShields GrantlandHayesMarksCorneliaAshlan Shaw Bullard Herndon Dakota Clinton Gettysburg Barstow Sierra BryanHughesPolkValentineBlytheClintonGarfield 99VALENTINE AVEEMERSONAVE DANT E AVEB U L L A R D AV E GATES AVEVAN NESS BLVDM A R KSAVEPOLKAVED AK O TA AV E HUGHESAVERIVE R VIST A D R AL L U V I A L AV E A S H L A N AV E S H AW AV E EMERSONAVE F I GARD E NDRHAYESA VE BRAWLEYAVEMILBURN AVES P RU C E AVE S I E RR A AV EBRAWLEYAVE MC KI N L E Y AV E S HI E L D S AV E B U L L A R D A V E GOLD E N S TA T E B LV D MARTYAVE 99 H WY H E R N D O N AV E BA RS TO W AV E S A N TA F E A V E W EBER A V E S A N J O S E AV ERI V E R S I D E D R G NMX G CH FS CMX G NMX P CH NMX CMX CH G G NMX NMX NMX NMX NMX G E PB NP CH CH NMX CH NMX CMX NMX CMX FS G C NMX G G G R NMX G PB PB GC CMX CP NMX NMX 99 Source: City of FresnoFIGURE X-X Parcels Proposed for Change Proposed Land Use Change Map ´ Date: 4/3/2019 This map is believed to be an accurate representation of the City of Fresno GIS data. However, we make no warranties either expressed or implied for the correctness of this data. 0 0.50.25 Miles RESIDENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High Density (30-45 D.U./acre) COMMERCIAL Community General Regional BOUNDARIES Specific Plan of the West Area Fresno City Limts Sphere Of Influence OPEN SPACE Community Park Neighborhood Park Park Ponding Basin CP NP P PB MIXED USE Neighborhood Mixed Use Corridor/Center Mixed UseCMX CMX EMPLOYMENT Office Business ParkBP PUBLIC FACILITIES Public/Quasi-public Facility Elementary School Church Fire Station E CH FS FIGURE 2-4 2-6 Specific Plan of the West Area: Initiation Report | May 2019 Draft 2.1 Draft Land Use Map & Guiding Principles Draft Land Use Map The Steering Committee recommends refining the General Plan’s land use vision for the West Area. The draft land use map proposes the relocation of higher density land uses away from the most western and southwestern portions of the Plan Area where they are distant from public transit and community amenities and transfers those higher density land use designations to major corridors. The following are revisions to the core goals provided in the General Plan: • West Shaw Avenue Town Center. The West Shaw Avenue Town Center (the Town Center) will extend from Highway 99 to the east side of Grantland Avenue and is envisioned to be comprised of mixed-use development supported by enhanced transit service. Land on the south side of West Shaw Avenue will provide additional neighborhood and commercial mixed use opportunities. • Catalytic Corridors. This Plan proposes the designation of higher density land uses along corridors for the purpose of providing easy access to major arterials and streets, retail centers, and community amenities. Catalytic corridors will include transit services. The corridors are designed to include neighborhood and pocket parks, commercial and retail uses, educational facilities, multi- family dwelling units, and professional offices. The corridors are located on the following streets: 1. West Shaw Avenue, from Highway 99 to the east side of Grantland Avenue 2. West Ashlan Avenue, from Highway 99 to the commercial nodes located on the west side of Grantland Avenue 3. North Blythe Avenue, from West Shields to West Ashlan Avenue 4. West Clinton Avenue from Highway 99 to North Brawley Avenue 5. Veterans Boulevard, from West Gettysburg Ave- nue to West Barstow Avenue Draft Guiding Principles Outreach to the West Area community started in early 2018 with individual meetings be- tween City staff and community stakeholders, including residents, city agencies, institutional partners, elected officials, land owners, and developers. Outreach then transitioned to a kick-off survey that was released in the spring of 2018, and the results helped frame discus- sion at subsequent meetings. City Council established an 11-member Steering Committee which held regular public meetings to provide recommendations to the draft land use map and guiding principles based on input received from community members. The purpose of the draft guiding principles is to serve as a foundation for the Plan. The topic of transportation, and parks and trails has been a predominant theme at community meetings and are reflected in the draft guiding principles. 2-7Specific Plan of the West Area: Initiation Report | Plan & Vision Transportation • Accommodate and improve roadway access, connectivity and mobility among all modes of transportation, and prioritize roadway widening where bottlenecking exists. • Accommodate planned transit services in the West Area by locating routes near or adjacent to the community centers, schools, parks, and retail centers. Off ramp to Clinton Ave from Highway 99. Graphic of a Complete Street • Provide a complete, safe, and well- maintained sidewalk network from residential neighborhoods to commercial centers, schools, parks, and community centers. • Provide a complete, safe, and well- maintained roadway network that allows for efficient and smooth access from the West Area to other sections of the city and region. FAX bus stop on Shields Ave and Brawley Ave. 2-8 Specific Plan of the West Area: Initiation Report | May 2019 Draft Parks & Trails • Create parks that are within existing and planned neighborhoods that are easily accessed by community members using pedestrian and bicycle pathways, transit services, or motor vehicles, consistent with the City of Fresno’s Parks Master Plan. • Provide for the location of a flagship Regional Park in the Plan Area that has components of the Plan Area’s agricultural history through the planting of drought-resistant vegetation or trees, and the creation of public art that exhibits the Plan Area’s contribution to the agricultural industry. Agriculture • Incorporate elements of agriculture in future parks by planting a mixture of native drought tolerant vegetation, shrubs, and trees that can serve to provide shade and enhance the streetscape. • Encourage and provide land use opportunities for agri-tourism ventures to occur in the West Area. • Encourage the development of harvest – producing community gardens. Image taken by City staff, Inspiration Park. Graphic of Agritourism 2-9Specific Plan of the West Area: Initiation Report | Plan & Vision Retail • Attract desired and needed local retail establishments to serve the needs of the West Area community. Such establishments include grocery stores, bakeries, restaurants other than fast food places, and boutiques. • Discourage the expansion of undesirable retail establishments such as liquor stores, tobacco and vapor stores, short-term loan and pawn shops, and adult stores. • Encourage the development of retail establishments along commercial corridors Housing • Encourage a variety of housing types and styles. • Encourage the development of housing to accommodate an aging population including, multi-generational houses and other elder housing options. • Reaffirm the City’s commitment and obligation to affirmatively furthering access to fair and affordable housing opportunities by strongly encouraging equitable and fair housing opportunities to be located in strategic proximity to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes. Catalytic Corridors • Encourage the orderly and consistent development of civic, parkland, retail and commercial, mixed-use, and multi-family uses along West Shaw Avenue, West Ashlan Avenue, Veterans Boulevard, West Shields Avenue, West Clinton Avenue, and Blythe Avenue. Education • Attract much needed educational opportunities for the residents of the West Area, especially for post-secondary education, and access to programs for life-long learners. Image taken by City staff, Fresh Food Center Image taken by City staff, West Area Neighborhood. Fresno City College’s $89 million southwest campus has a 2023 completion date. (Artist Rendering/SCCCD) 2-10 Specific Plan of the West Area: Initiation Report | May 2019 Draft Public Safety • Provide for safe routes to schools for children, with the City and County working together with residents, to provide sidewalks in neighborhood that have sporadic access. • Work to promote Neighborhood Watch in all neighborhoods, and further assess the need for the location of emergency response facilities west of Highway 99. Pedestrian walking down street with no sidewalk in Plan Area. Safe Routes to School Program, State of California, CA.gov 2-11Specific Plan of the West Area: Initiation Report | Plan & Vision 3-1Specific Plan of the West Area: Initiation Report | Public Engagement PUBLIC ENGAGEMENT3 3.1 Stakeholder Input Meetings with community stakeholders provided key information to City staff about the Plan Area during the early portion of the outreach process. City staff learned about the immigrant history that dates back to the early 20th century. Stakeholders shared their concerns for the West Area including limited amenities, limited housing stock, and poor infrastructure. The concept of agri-tourism was received positively. Stakeholders discussed the lack of identity for the Plan Area and how the identity would need to be created and supported by the community. Positive Impressions All of the community stakeholders interviewed shared positive perspectives of the West Area, and link the area to having a sense of place and community, in spite of its overall lack of identity. The common positive theme was that the West Area has the potential to preserve and enhance neighborhood cohesiveness as it continues to grow. Many of the residents interviewed reported feeling the connection to neighbors through events and activities hosted by the Central Unified School District or local religious facilities. Based on the feedback provided to City staff, the West Area community mainly relies upon these two institutions as the primary channel for people to develop close-knit relationships with their neighbors. Historic Discussion Several stakeholders mentioned that the West Area is home to many first-generation families relocating from foreign countries, principally Italy and India. Italian immigrant families that settled in the West Area were principally from Tuscany. The Sikh Institute that is located within the Plan Area provides essential immigration services to Indian immigrants looking to permanently settle in the United States. The first thing many new immigrants did when they arrived in Fresno was acquire land to farm and raise a family. Some community stakeholders interviewed mentioned longstanding farmland heritage and tradition in their family that dates back to the 1902’s. Image taken by City staff, West Area Commuity Conversation. 3-2 Specific Plan of the West Area: Initiation Report | May 2019 Draft Principal Concerns Stakeholders shared that commercial amenities are lacking in the Plan Area, residents are forced to cross Highway 99 to access retail stores, grocery stores, quality restaurants, postal service, medical facilities, and fitness facilities. Stakeholders that were interviewed felt that good parks, trails and bike paths were limited in the Plan Area. An excess of starter homes was also a concern for stakeholders; many felt that starter homers created a transient environment thereby limiting the sense of neighborhood cohesion. Those interviewed desired quality housing stock that would serve the needs of diverse household types and sizes, including multigenerational families wishing to locate or remain in the West Area. Besides housing, stakeholders voiced concerns about the limited crossing opportunities over Highway 99 and the fragmented roadway system. Agri-tourism Agri-tourism is a mixture of two industries – agriculture and tourism. Agri-tourism has gained popularity in recent years. Activities may include wagon rides, farm tours, bed-and-breakfast inns, wineries/breweries, farmers markets, wedding and special event venues, and much more. Stakeholders were supportive of this concept being incorporated into the Specific Plan of the West Area as this venture could make the West Area a destination. Plan Area Identity Community stakeholders were just as perplexed as longstanding residents were concerning the identity of the Plan Area. Some identified the area as West Fresno or West Area. Another common theme to describe the Plan Area other than West Fresno or West Area did not emerge in the discussion with community stakeholders. Community members – at large identified the Plan Area based on the recently developed or planned housing communities. The identity of the West Area will need to be authentically created and supported by the West Area community. 3.2 Community Conversations The Development and Resource Management Department held two Community Conversations at the Central High School – East Campus. The first Community Conversation was held on May 3, 2018. City staff provided a presentation followed by community members being able to provide input on various subjects within the Ideas Station. The Ideas Station consisted of six locations around the perimeter of the room that sought input from the public on desired amenities, identity of the neighborhood where they lived, what they liked and disliked about the West Area, and identity of the West Area. In addition, a space was provided for community members to share their general comments and concerns about the West Area. Community Conversation No. 1 The input from community members at the May 3, 2018 Community Conversation has formed the basis for this Plan’s guiding principles which will be discussed later in this chapter. Community members voiced frustration with having to cross Highway 99 for commercial amenities such as quality grocery produce, retail shopping stores, quality eateries, fitness centers, medical facilities, and developed park space. Highway 99 has four crossing points located at West Clinton Avenue, West Ashlan Avenue, West Shaw Avenue, and West Herndon Avenue. Lacking amenities paired with only four crossing points has created a bottlenecking situation for West Area residents. Community members voiced support for the availability of commercial amenities needed to make the Plan Area a complete neighborhood. 3-3Specific Plan of the West Area: Initiation Report | Public Engagement Image taken by City staff, West Area Commuity Conversation. 3-4 Specific Plan of the West Area: Initiation Report | May 2019 Draft Community members, like the stakeholders interviewed, were unsure about the identity of the Plan Area. Community members were able to participate in a dot-voting exercise whereby they were able to vote on potential names to identity the West Area. The results did not show a clear choice. The results showed clear opposition to certain names such as Almond Villa and Westfield. Community members were able to write in other names that also did not gain any traction among other attendees. Staff collected all of the responses from the community members and compiled them for review by the Steering Committee. Community Conversation No. 2 The 2nd Community Conversation was held on June 14, 2018 to allow community members to provide input on the location of certain land uses within the Plan Area. Community members were asked to place a green dot on a blank map to indicate support for or a red dot to indicate opposition to the location of various land use types, such as housing, retail and commercial development, higher education, and parks. At land use stations, community members were given the chance to weigh in with comments explaining the reason for the location of the red or green dot. Participants also indicated land uses that they wanted to avoid in the West Area. The input received from the 2nd Community Conversation informed the development of conceptual land use maps that were subsequently released to the public and Steering Committee. Community members wanted to trade off existing higher density planned land uses on the western and southwestern edge of the Plan Area with lower density residential land uses. Many of the higher land uses were placed along busy corridors; Image taken by City staff, West Area Commuity Conversation. Image taken by City staff, West Area Commuity Conversation. Image taken by City staff, West Area Commuity Conversation. 3-5Specific Plan of the West Area: Initiation Report | Public Engagement Coffee with the Clergy City staff held a meeting with local church leaders in the West Area called “Coffee with the Clergy” that shared the progress of the project, and encouraged them to be a part of the plan process. This meeting, coordinated by the Mayor’s Office, provided a safe forum for church leaders to discuss concerns they have received by their church members. Many of the concerns were echoed by community stakeholders during individual interviews and community members during the Community Conversations. However, pastoral staff members that work directly with youth and their families shared an interest for the location of organizations that support positive recreation and after-school programs such as a Boys and Girls Club or YMCA be planned for within the West Area. community members expressed support for removing higher density land uses from the center of the quarter sections as it currently appears in the General Plan. It was at this meeting where residents began to express support for the location of Regional Park within the Plan Area; this desire has been translated into a formal recommendation from the Steering Committee. Community expressed support for land use changes that provided opportunities for higher education facilities, retail, and agri-tourism to be principally located within the Plan Area, predominantly situated on and south of West Shaw Avenue. Image taken by City staff, West Area Commuity Conversation. 3-6 Specific Plan of the West Area: Initiation Report | May 2019 Draft 3.3 Community Survey A ten-question community survey was made available as a paper copy and online for community members to complete. The survey served as an additional channel for community members to provide input on visioning in the West Area. The survey collected 373 responses over the course of two months. Below are the results: ?What are your reasons for choosing to live and/or work in the Plan Area? The majority of survey respondents indicated that affordable cost of living, quality of education provided by CUSD, and the rural atmosphere were the reasons for the choosing to live in the Plan Area. ?What aspects would discourage you from remaining in the West Area? Nearly 75% of the respondents indicated that an increase in crime would be the primary aspect that would discourage someone from remaining in the Plan Area. Lack of housing options, incomplete transportation infrastructure, and lacking recreational and commercial amenities would also serve as a factor to discourage West Area residents from remaining in the Plan Area. ?How satisfied are you with the quality of life within the West Area? Out of 373 respondents, over 67% of them are either satisfied or very satisfied with the quality of life in the West Area. ?What improvements do you believe need to occur within the West Area? Responses to this question were largely related to the desire to provide for additional or new commercial establishments within the West Area, and the installation of transportation infrastructure to improve traffic flow. The year is 2035, and the Fresno Bee is preparing an article on the improvements that have occurred within the West Area. What should the highlight of the article be? Nearly 50% of the respondents want the highlight of the article to be improved traffic flow across Highway 99. Respondents specifically targeted the Shaw Avenue interchange as one of the main sources of congestion to gain access to Highway 99 and or the east side of highway. What do you think about housing options within the West Area? A plurality of the respondents believes there are too many apartments, townhouses, or condominiums in the Plan Area. Respondents also believe there are not enough luxury or custom housing options, and not enough housing to accommodate multi-generational households. What kinds of commercial development would you like to see within the West Area? Respondents were permitted to select as many options that were applicable to their desired choice for commercial development. Twenty-four options were presented for respondents to select; the leading choices selected by survey respondents included supermarkets, movie theaters, bakeries, and restaurants other than fast food establishments. ? ? ? 3-7Specific Plan of the West Area: Initiation Report | Public Engagement Do you agree with the idea that West Shaw Avenue, from Highway 99 to Grantland Avenue, should serve as the town center for the West Area? Nearly 70% agreed with the idea that West Shaw Avenue should serve as the town center or main commercial hub for the Plan Area. Agri-tourism is a mix of two industries – agriculture and tourism. Agri-tourism has gained popularity in recent years. Activities can include wagon rides, farm tours, bed-and- breakfasts, wineries/breweries, farmers markets, wedding and special events venue, festivals, and much more. Do you believe the concept of agri-tourism should be incorporated into the Specific Plan of the West Area? Close to 80% of respondents support the concept of agri-tourism being incorporated into this Plan. What name do you think should be used to identify the West Area? The leading choice by a plurality result is River West with only 35% supporting the name. Community members did not seem to settle on the name River West as the identity for the West Area. The result of this portion of the survey pairs with the response from community stakeholders and other community members. ? ? ? A section of Sendero Farm where 63 households from the Rancho Mission Viejo development participate in farming and learn about agriculture, Image by The Orane County Register. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1719 Agenda Date:6/13/2019 Agenda #:3-A REPORT TO THE CITY COUNCIL June 13, 2019 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT BILL -(For introduction)-Amending portions of the City Purchasing,Contracts and Sales Ordinance to update Chapter 4,Article 5 of the Fresno Municipal Code -Design Build Contracts to include qualification based methods of procurement. RECOMMENDATION Staff recommends City Council consider for introduction and adoption an Ordinance revising Section 4-502 of the Fresno Municipal Code (FMC), Chapter 4, Article 5 - Design-Build Contracts. EXECUTIVE SUMMARY The revised Ordinance will update the City’s available procurement methods to include design-build entity selection based on qualifications (Section 4-502 (d)). This competitive procurement method brings together a design-build team to work collaboratively with City early in the life of the project.This allows the City to progress towards a design and contract price with the team,which facilitates ownership and commitment by all parties involved, provides a high degree of cost and schedule certainty,and serves to maximize performance. Through this process the City defines its goals and selects the best design-build team to meet those goals through a solicitation process based on qualifications, capabilities and experience. The selected team will then collaborate with the City to deliver the project in two distinct phases. Phase One includes budget-level design development,preconstruction services and the development of a firm contract price and schedule.Phase Two progresses through final design and construction for the agreed upon contract price and schedule. BACKGROUND Over the years,Design-build project delivery methods have evolved to provide a more collaborative project execution to improve cost and schedule uncertainty and quality.These changes include,(i) City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1719 Agenda Date:6/13/2019 Agenda #:3-A project execution to improve cost and schedule uncertainty and quality.These changes include,(i) involving the contractor from the inception of the design phase of the project,(ii)allocating more risk to the contractor which provides a higher degree of cost and schedule certainty,and,(iii)reducing the potential for litigation by promoting ownership and collaboration.Qualification based procurement can also provide opportunities to accelerate project schedules and to increase innovation.This progressive type of design-build method provides the flexibility to define the project based on available funds,select a contractor based on qualifications and other factors,and negotiate a contract that is structured around the project’s priorities. Core features include the following: ·The designer and builder are retained by the City early in the life of the project and,in some cases, before the design has been developed at all. ·The designer and builder are selected primarily on qualifications with the final project cost and schedule established during the design and preconstruction efforts. ·The City,designer and builder collaborate to deliver the project in two distinct phases with:(a) Phase One including budget level design development,preconstruction services and the negotiation of a firm contract price (either lump sum or guaranteed maximum price)for Phase Two;and (b)Phase Two including final design,construction and commissioning.The parties typically enter into separate contracts for each phase of work. Once a design-build team is selected,a design and preconstruction services contract is negotiated for Phase One Services,also called Preliminary or Preconstruction Services.The design-build team first collaborates with the City and its consultants to create or confirm the project’s basis of design, programming requirements and then advances that design.Design and other project decisions are based on cost,schedule,quality,operability,life cycle and other considerations,with the design-build team providing ongoing,transparent cost estimates to ensure that the City’s budgetary requirements are being achieved.At the point in time where the design has been advanced to an appropriate level of definition that aligns with the owner’s requirements (usually 60 to 90 percent design),the design- build team will provide a formal commercial proposal (including the overall contract price)for Phase Two services.If,for any reason,the parties cannot reach agreement on the Phase Two commercial terms,then the City may exercise an “off-ramp”option allowing the City to use the design and move forward with the project through another procurement method. A second contract will then be executed for Phase Two Services,also called Final Design and Construction Services.When the City and design-build team agree upon commercial terms (including the project’s price and schedule),the design-build team will complete the design and construction of the facility in accordance with those commercial terms.The design-build team will also be responsible for any testing, commissioning, and other services that have been agreed upon. The types of projects that can benefit from this type of procurement and delivery method are larger projects with multiple and/or complex systems.Examples include Terminal 2 and 3 at San Francisco International Airport;Parking Plaza at San Diego International Airport;Water and Wastewater facilities in Jacksonville,FL and Kansas City,MO;I-270 Corridor in Maryland;and Palomar,CA Junior College Maintenance and Operations Complex. As with any design-build,the fundamental procurement objective is to select the right team that will, (i)work collaboratively with the City,(ii)offer the best chance to meet the City’s project goals and required outcomes,and,(iii)is trustworthy,fair,qualified and transparent.This proposed Ordinance City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1719 Agenda Date:6/13/2019 Agenda #:3-A required outcomes,and,(iii)is trustworthy,fair,qualified and transparent.This proposed Ordinance change will provide an additional competitive design-build project delivery method that meets these objectives. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15378, this is not a “project” for the purposes of CEQA. LOCAL PREFERENCE Local preference does not apply because the proposed Ordinance amending the FMC does not include a bid or award of a construction or services contract. FISCAL IMPACT The proposed Ordinance produces no fiscal impact to the General Fund from this item.Future projects delivered using a progressive design-build approach,which is focused on achieving a desired outcome within budget, will likely see a significant reduction in cost and schedule overruns. Attachment: -Ordinance for Introduction City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1767 Agenda Date:6/13/2019 Agenda #:3-B REPORT TO THE CITY COUNCIL June 13, 2019 FROM:WILMA QUAN, City Manager Mayor and & City Manager’s Office LAURA MERRILL, Deputy City Manager Mayor and & City Manager’s Office SUBJECT Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. RECOMMENDATION Staff recommends that the City Council approve the Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty for a one- year extension of the Agreement with an option to administratively extend for one additional year.The contract amount will be based upon Council approval of the budget for the corresponding year. EXECUTIVE SUMMARY The Central California Society for the Prevention of Cruelty to Animals (CCSPCA)provides the City of Fresno (City)with all animal control,pound master,veterinary and animal sheltering services,and facilities per a contract entered in March of 2014 and effective through June 30,2019.The City is currently in the bidding period for a Request for Qualifications for Animal Control Services that is scheduled to close June 21,2019.The proposed Third Amendment will allow the CCSPCA to continue to provide services and provide the City with time to review proposals and determine next steps for the animal control services. BACKGROUND The current agreement with the CCSPCA has been in effect since March of 2014,since then,the CCSPCA has continued to provide the City with animal control services including animal control, pound master,veterinary and animal sheltering services.As the agreement is set to expire on June 30,2019,staff recommends that the City Council approve the Third Amendment to the Agreement entered between the City of Fresno and the CCSPCA for a one-year extension of the Agreement with City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1767 Agenda Date:6/13/2019 Agenda #:3-B entered between the City of Fresno and the CCSPCA for a one-year extension of the Agreement with an option to administratively extend for one additional year.The extension will keep all other terms of the contract as is,and will base the contract amount upon the Council approved budget.The FY 2020 proposed budget includes $4,233,921 to fund contract,a $245,670 increase from the previous contract amount of $3,988,251;these increases are due to a change in the minimum wage detailed in the budget request letter and budget detail from the CCSPCA.The City released a Request for Qualifications for Animal Control Services on April 11,2019 which is scheduled to close on June 21, 2019.The Third Amendment will allow the CCSPCA to continue to administer the animal control services through this RFQ process.Staff recommends that the City Council approve the Third Amendment to the Agreement entered between the City of Fresno and the CCSPCA. ENVIRONMENTAL FINDINGS This is not a project under California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference does not apply because this is an amendment to an existing agreement. FISCAL IMPACT The FY 2020 Proposed Budget included $4,233,921 to fund contract through June 30, 2020. Attachment: Third Amendment to the Agreement Animal Control Services PPT CCSPCA Budget Request Letter CCSPCA Budget Request Details City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ ANIMALCONTROL SERVICES City Council Workshop June 13, 2019 Current Contract Status •Current contract with the Central California Society for the Prevention of Cruelty to Animals (CCSPCA) since 2014 •Expires June 30, 2019 •Proposed Third Amendment (1,1) •Contract Amount $3,988,251 Request for Qualifications Status •Request for Qualifications for Animal Control Services: Release of RFQ April 11, 2019 Deadline for Written Questions May 17, 2019 by 5:00PM Responses to Questions Posted on Web May 31, 2019 Proposals are Due June 21, 2019 by 5:00PM Respondent Interviews Week of July 8, 2019 Request for Qualifications Scope •Three year term with two additional one year extension options •Contract amount not to exceed $4,016,300 per fiscal year subject to City consideration of cost of living adjustments •Provide animal control services as required by applicable law including without limitation Fresno Municipal Code, Chapter 10, Article 3 Request for Qualifications Goals •Enforce animal related ordinances fairly and equitably through a community based service model •Identify and license as many pets as possible through outreach and a pet licensing program •Engages with the public regarding pet ownership and services that are available in this community •Cares for the City's stray and unwanted animals •Adopts, transfers, and fosters animals and implements other key lifesaving programs through positive relationships with the public, volunteers and other animal rescue organizations •Partners with the City for service delivery in an accountable and transparent manner Animal Control Facility Needs •Minimum of 15,000+ square feet, parking, green space •Animal housing, intake/receiving, holding, quarantine, adoption, outdoor, and general animal care areas, veterinary services, non-animal areas, etc. New vs Existing Estimates New Facility •$2-3 million for land •$15-20 million for design, construction •12 months for design •18-24 months for construction •Can be build to suit needs •Total: $23 million Retrofit Existing Building •$2-3 million for existing building and land •$4-6 million for tenant improvements, design retrofit •18-24 months for build out •$10k for Feasibility Study for viable buildings •Total: $9 million Next Steps •Recommend approval of Third Amendment to current agreement •Review RFQ Proposals •Continue due diligence on Retrofit and Design Options •Work with Council Sub-Committee QUESTIONS? Thank you. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1742 Agenda Date:6/13/2019 Agenda #:3-C REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Public Works Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer / Assistant Director Public Works Department BRIAN E. RUSSELL, Public Works Manager Public Works Department, Street Maintenance Division SUBJECT Actions pertaining to the award of a requirements contract to Calaveras Materials,Inc.,of Fresno, California in the amount of $2,838,662.75 for the purchase of Asphalt Concrete Material.Bid File No. 9469 (City Wide) RECOMMENDATION Staff recommends that the City Council award a requirements contract in the amount of $2,838,662.75 for one (1)year with the option for four (4)one-year extensions to Calaveras Materials,Inc.,of Fresno,California,as the lowest responsive and responsible bidder for the purchase of Asphalt Concrete Material and to authorize the Public Works Director or designee to sign the contract on the City’s behalf. EXECUTIVE SUMMARY The Street Maintenance Division of Public Works uses a requirements contract to purchase asphalt concrete materials to be used by City crews for pavement maintenance in various locations throughout the City of Fresno.The prior contract has expired and a re-bid was initiated to establish a new requirements contract.Funding for this contract is included in the FY2019 and FY2020 budget. After evaluation,staff recommends award of a one (1)year contract with the provisions for four (4) one-year extensions to Calaveras Materials, Inc. in the amount of $2,838,662.75. BACKGROUND The Department of Public Works Street Maintenance Division uses asphalt concrete materials for various street repair operations,such as major pavement reconstruction (overlay),pothole repairs, City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1742 Agenda Date:6/13/2019 Agenda #:3-C various street repair operations,such as major pavement reconstruction (overlay),pothole repairs, and localized asphalt patching.These materials are used throughout the year and are transported to various jobsites around the City.The execution of a requirements contract establishes a firm price, secured through competitive bidding,for a specified time and allows the City to make material purchases as needed. In accordance with the City Procurement Handbook,Administrative Order 6-19,and CDBG requirements,the Department of Public Works solicited bid proposals for the necessary materials based on the average annual quantities of twelve separate pavement related products.The Bid Specifications for the Asphalt Concrete Materials Requirements Contract was faxed to four (4) Building Exchanges,sent directly to five (5)prospective bidders,and published on the City’s Planet Bids Online site on March 6,2019.A public bid opening was held on April 2,2019 and two (2)bids were received.Calaveras Materials,Inc.was the lowest responsive and responsible bidder with a bid amount of $2,838,662.75. Staff is in agreement that Calaveras Materials,Inc.is capable of providing the City of Fresno with the necessary materials.The previous contract was held by Calaveras Materials,Inc.The current bid reflects a 68%increase from the previous contract;however the specifications were changed on the current bid to reflect the product quantities currently ordered and used by the Street Maintenance Division.The 68%increase in the bid amount is the result of a 72%increase in the material quantities that were specified,or the equivalent of 22,350 tons of additional asphalt concrete material.While the 68%appears to be an increase in price,the current bid actually reflects a reduction to the individual unit cost from the prior contract.The two (2)proposals received were in the amounts of $2,838,662.75 and $3,027,025.14. Funding for this contract is included in the FY2019 and FY2020 budget.It will be partially funded by Measure C,SB1 Gas Tax,as well as the HUD Community Development Block Grant (CDBG) program.These additional funding sources also account for additional projects,which are reflected in the bid proposal amounts received and another reason for the increased overall bid amount.In addition,since this is a requirements contract,there is no obligation to purchase a minimum amount of material if budgets or scopes of work are adjusted. City Attorney has reviewed and approved to form. Council may reject all bids.If this were to happen,the City would be without an alternate option to purchase the necessary asphalt concrete materials for approximately sixty (60)days while the contract is rebid.Such a delay would have a significant impact on the planned pavement reconstruction, pothole repairs, and other pavement improvements currently planned across the City. Staff recommends that the City Council award a requirements contract in the amount of $2,838,662.75 for one (1)year with the option for four (4)one-year extensions to Calaveras Materials,Inc.of Fresno,California,as the lowest responsive and responsible bidder for the purchase of asphalt concrete materials and to authorize the Public Works Director or designee to sign the contract on the City’s behalf. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1742 Agenda Date:6/13/2019 Agenda #:3-C LOCAL PREFERENCE Local preference was not implemented due to the fact that this contract uses state and federal funding. FISCAL IMPACT Funding appropriations are included in the FY2019/FY2020 budget,and are funded through Measure C,SB1 Gas Tax funding,and Federal Department of Housing and Urban Development (HUD)CDBG Program. The General Fund is not impacted. Attachments: Bid Evaluation-Listing of Proposers Fiscal Impact Statement 2013 and 2019 Contract Pricing Comparison 2019 Bid Comparison City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1759 Agenda Date:6/13/2019 Agenda #:3-D REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department BY:SHELBY D. MACNAB, MPA, Grants Administrator Public Works Department SUBJECT RESOLUTION -Authorizing the submission of a grant application for $10,540,582 from the United States Department of Transportation’s (USDOT)Better Utilizing Investments to Leverage Development (BUILD)Program for the Veterans Boulevard Interchange,Extension and Grade Separation Project and Authorizing the Execution of All Grant Application Documents by the Public Works Director or Designee (Council District 2) RECOMMENDATIONS Staff recommends that the City Council adopt a resolution authorizing the submission of a grant application for $10,540,582 from the USDOT BUILD Program and authorize the execution of all grant application documents by the Public Works Director or designee. EXECUTIVE SUMMARY Staff is requesting authorization to submit a BUILD Program grant application for $10.5 million to fund a portion of Phases Three and Four of the Veterans Boulevard project.Phase Three of the project will construct an interchange at State Route 99 and grade separation over the realigned Golden State Boulevard.Phase Four will extend Veterans Boulevard to connections with Herndon Avenue to the north and Shaw Avenue to the south. A project map is attached to this Staff Report. BACKGROUND Veterans Boulevard,originally referred to as the Herndon-Grantland Diagonal,was part of the 1984 General Plan and is a planned six-lane super arterial in the 2035 General Plan.The interchange concept was refined in 1986 with a feasibility study conducted to analyze potential interchange/grade City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1759 Agenda Date:6/13/2019 Agenda #:3-D concept was refined in 1986 with a feasibility study conducted to analyze potential interchange/grade separation configurations.In 1991,a Project Initiation Document was completed,and in 1996,the Official Plan Line for Veterans Boulevard was adopted by the Council.Veterans Boulevard and the proposed interchange with State Route 99 were identified as part of the Circulation Element in both the City and County General Plans.In recent years,staff has completed the Project Study Report (PSR),Project Report,Environmental Impact Report (EIR)and right of way acquisition.Construction documents are nearing completion. The new interchange will be a partial cloverleaf connecting State Route 99 and Veterans Boulevard. The new overcrossing will have three northbound and three southbound lanes,a Class I bicycle lane pedestrian trail on the west side of the structure and Class II bicycle lanes on both sides of the structure.The project will also include three bridge structures,one to cross over State Route 99,one to cross over the future realigned Golden State Boulevard,and one to cross over existing Union Pacific Railroad tracks and the future High Speed Rail tracks. On April 23,2019,the U.S.Department of Transportation released a Notice of Funding Opportunity (NOFO)for the BUILD Program.This program was previously known as the Transportation Investment Generating Economic Recovery (or TIGER Discretionary Grants)Program.Funds for the Fiscal Year (FY)2019 BUILD Program are to be awarded on a competitive basis for projects that score highly on selection criteria which includes:significant local or regional impact,safety,state of good repair,economic competitiveness,environmental sustainability,quality of life,innovation and partnership.An economic benefit cost analysis score will also be used to determine the anticipated return on investment of the project.BUILD funding can support roads,bridges,transit,rail,ports or intermodal transportation. The Consolidated Appropriations Act of 2019 appropriated $900 million for National Infrastructure Investments,otherwise known as BUILD Transportation Discretionary grants,through September 30, 2021.For this round of BUILD Transportation grants,the maximum grant award is $25 million and the minimum award is $6.25 million.As specified in the FY 2019 Appropriations Act,no more than $90 million can be awarded to a single State.At least fifty percent (50%)of funds must be awarded to projects located in rural areas.Veterans Boulevard is located in an urban area as defined by the U.S. Census,which means that the total Federal share of the costs under a BUILD Transportation grant may not exceed eighty percent (80%). BUILD grant applications are due on July 15,2019.Projects awarded under the BUILD program must demonstrate the ability to request obligation for funding by September 30,2021.A request for obligation demonstrates that environmental work is completed,right of way has been obtained, engineering plans are approved and the project is ready to move into the construction phase. Additionally,the project must begin construction quickly upon obligation of BUILD Transportation funds,and spend funds expeditiously once construction starts.All grant funds must be expended by September 30,2026.The Veterans Boulevard project meets all of the minimum criteria set forth in the NOFO. Funding was previously sought for Veterans Boulevard from the 2017 Federal Infrastructure for Rebuilding America Program (INFRA),the 2018 Competitive State Local Partnership Program and the 2018 BUILD Program.Unfortunately,those requests were not funded.Debrief meetings have been completed with each grantor to address areas for improvement for future rounds of funding.In March 2019,a second grant request for funding was submitted to the INFRA program.Two additional City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1759 Agenda Date:6/13/2019 Agenda #:3-D March 2019,a second grant request for funding was submitted to the INFRA program.Two additional project phases were added to the INFRA application to increase competitiveness and meet the minimum funding request of $25 million.Results from that grant request are pending.Due to the highly competitive nature of Federal grant programs,staff requests approval to prepare and submit the BUILD application, in case an INFRA grant award is not received. Based on the scoring criteria for the program,construction phasing schedules and the benefit cost analysis score,the total request from BUILD will be $10.5 million.This optimizes benefits,and ensures the project is well below funding thresholds for the State as a whole.The remaining funding for the project will come from a combination of local Measure C transportation taxes,local fees and State Transportation Improvement Program funds programmed for future fiscal years.This resolution will authorize the submission of a grant application to the BUILD Program,and authorize the execution of all application related documents by the Public Works Director or designee.The City Attorney’s office has reviewed and approved the resolution as to form. ENVIRONMENTAL FINDINGS A resolution applying for grant funding is not a project for the purposes of the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT This resolution will have no impact on the General Fund.Should the grant be awarded,local matching funds will be identified through future fiscal year capital budgets.Local matching funds will be sourced from transportation taxes,fees and grants at the Federal,State and local level and do not include general funds. Attachments: Resolution Project Map City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1754 Agenda Date:6/13/2019 Agenda #:3-E REPORT TO THE CITY COUNCIL June 13, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Engineering Division SUBJECT Actions pertaining to the Belmont Avenue Overlay Project from Cedar Avenue to Chestnut Avenue - Bid File No. 3657 (Council District 7) 1.Adopt a finding of Categorical Exemption per staff determination,pursuant to Section 15301(c) of the CEQA guidelines 2.Award a construction contract in the amount of $978,160 to Dave Christian Construction Co., of Fresno, CA RECOMMENDATION Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301(c)of the CEQA guidelines,award a construction contract with Dave Christian Construction Co. Inc.,of Fresno,California in the amount of $978,160 as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY Belmont Avenue,between Cedar Avenue and Chestnut Avenue,is in a need of repair to address surface and structural damage to the pavement section caused by age,weather and use.The proposed asphalt overlay and pavement structural section replacement will correct the existing deteriorated pavement condition,increase the life of the pavement,and provide a smooth riding surface for motorists.Several curb ramps within the project limits will also be upgraded to conform to current accessibility standards. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1754 Agenda Date:6/13/2019 Agenda #:3-E BACKGROUND The Belmont Avenue Overlay Project,from Cedar Avenue to Chestnut Avenue was initiated in FY2017 when the City was awarded a Federal grant from the Regional Surface Transportation Program (RSTP).The grant funds were obligated and the project was budgeted in the adopted FY2017 Capital Budget by City Council.The design commenced following Council approval;the design was completed to coincide with Federal construction funding availability,such that actual construction can begin this year. The scope of the project includes a uniform surface grind as well as removal and replacement of smaller portions of heavily damaged paving,followed by a pavement overlay throughout the limits of work.Additionally,the project will reconstruct several curb ramps,replace damaged traffic detector loops,upgrade some pedestrian push buttons,and reinstall pavement striping.No changes to the existing traffic patterns are proposed and no rights-of-way are needed.Public Works Department staff prepared general construction documents for the project. A Notice Inviting Bids which was published in the Fresno Business Journal on March 22,2019, posted on the City’s website and faxed to fifteen (15)building exchanges.The specifications were distributed to five (5)prospective bidders.Four (4)sealed bid proposals were received and opened in a public bid opening on April 16,2019.Bids ranged from $978,160 to $1,173,085.Dave Christian Construction Co.,submitted the apparent low bid in the amount of $978,160 and was determined to be the lowest responsive and responsible bidder for the project.The bids will expire 64 days after the bid opening on June 19, 2019. Staff recommends Council award a construction contract with Dave Christian Construction Co.,in the amount of $978,160 for the Belmont Avenue Overlay Project,from Cedar Avenue to Chestnut Avenue as the lowest responsive and responsible bidder,and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment of this project and determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301(c)Class 1,which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use.This exemption applies because this project involves the reconstruction of an existing roadway and does not involve the expansion of the roadway to accommodate additional traffic.The purpose of the project is to replace the surface pavement and provide a smooth riding surface for the motorists.Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE The local preference was not implemented because this project is federally funded. FISCAL IMPACT The Belmont Avenue Overlay Project,from Cedar Avenue to Chestnut Avenue is located in Council District 7.The overall cost of the project is $1,232,222.The project is fully funded with federal RSTP grant funds.All funding necessary for the project,including construction contingency,was included inCity of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1754 Agenda Date:6/13/2019 Agenda #:3-E grant funds.All funding necessary for the project,including construction contingency,was included in the City budget.Of the overall budget for the project,$978,160 will be used for the construction contract award. Attachments: Bid Evaluation Fiscal Impact Statement Vicinity Map Standardized Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ K:\FORMS\EVALUATIONFORM FISCAL IMPACT STATEMENT PROGRAM: Belmont Avenue pavement overlay improvements PW00792 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $ 978,160 Indirect Cost $ 254,062 TOTAL COST $1,232,222 Additional Revenue or Savings Generated Net City Cost $1,232,222 Amount Budgeted (If none budgeted, identify source) $1,197,000 Indirect costs consist of the following: Preliminary Engineering $69,503 Construction Engineering $86,719 Contingency $97,840 Total $254,062 This project is 100% federal funded by a grant from Regional Surface Transportation Program (RSTP). DPW 23.0/01-06-12 FHWA DIV I.pdf 1.28 rev. 03-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker ’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. DPW 23.0/01-06-12 FHWA DIV I.pdf 1.29 rev. 03-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Attachment: Form 1273 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1796 Agenda Date:6/13/2019 Agenda #:3-F REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BUD TICKEL, Assistant Director - Water Department of Public Utilities, Water Division DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:ELIZABETH G. FIELD, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Award a three-year Product Requirements Contract: Rebid of Bulk Calcium Hydroxide to Univar USA Inc., in an amount not to exceed $1,503,713.83 per year, with provision for up to two one-year extensions (Bid File 9493) (Citywide) RECOMMENDATION Staff recommends that City Council award a three-year Product Requirements Contract:Rebid of Bulk Calcium Hydroxide (Project)to Univar USA Inc.,in an amount not to exceed $1,503,713.83 per year with provision for up to two one-year extensions for delivery of bulk calcium hydroxide to the City of Fresno’s (City’s) surface water treatment facilities. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division is seeking to award a three-year Product Requirements Contract for the Project to Univar USA Inc.,in the amount not to exceed $1,503,713.83 per year with provisions for up to two one-year extensions.The not to exceed amount for the three- year Product Requirements Contract is $4,511,140.89.Calcium hydroxide is used in the post- treatment process for corrosion control in the distribution system.The Northeast Surface Water Treatment Facility and the Southeast Surface Water Treatment Facility add calcium hydroxide after the treatment and disinfection of potable water.The contract is for three years with provisions for up to two one-year extensions. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1796 Agenda Date:6/13/2019 Agenda #:3-F BACKGROUND The Department of Public Utilities,Water Division injects calcium hydroxide as part of the treatment of raw surface water at the City’s surface water treatment facilities.It is considered to be an effective enhancement chemical treatment for City’s water supply by adding calcium along with carbon dioxide.Calcium hydroxide adjusts the pH of the treated water in the distribution system and end- users’facilities (homes and businesses,etc.),thereby controlling the corrosive quality of the treated water on water mains,pipes,and appurtenance.Use of calcium hydroxide is a requirement by the State Regional Water Quality Control Board and the water treatment permit that allows the City to produce and distribute potable water to its customers. The Department of Public Utilities,Water Division originally went out to bid for the Requirements Contract for Bulk Calcium Hydroxide,Bid File 9454,on April 23,2018.The specifications were distributed to fifteen prospective bidders and ten Builder Exchanges.Two sealed bid proposals were received and publicly opened on May 22,2018.The bid proposals were $1,428,995.14 and $1,839,947.98.Both bids included exceptions that were either material in terms or would materially alter the terms of the contract and therefore were considered to be non-responsive.The Notice of Staff Determination was posted on the City’s Planet Bids website on September 10,2018.City Council rejected all bids for that Requirements Contract for Bulk Calcium Hydroxide on September 27, 2018. Specifications were prepared for this Project.A Notice Inviting Bids was published on March 6,2019, and posted on the City’s Planet Bids website.The specifications were distributed to six prospective bidders and nine Builder Exchanges.Two sealed bid proposals were received and publicly opened on April 2,2019.The bid proposals were $1,457,014.65 and $1,503,713.83.The bid will expire within 90 days of bid opening, on July 2, 2019. Univar USA Inc.,was found to be the lowest responsive and responsible bidder with a bid amount of $1,503,713.83.The Staff determination was posted on the City’s Planet Bids website on May 7, 2019.Staff recommends that City Council award a three-year Product Requirements Contract to Univar USA Inc.,in an amount not to exceed $1,503,713.83 per year,with provision for up to two one -year extensions. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract is not a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was applied to the bid submitted by Univar USA Inc.,pursuant to the Fresno Municipal code Section 4-108.Univar USA Inc.,is a local business,with offices in Fresno,California. The other bidder,Lhoist North America,is not a local business,with offices in Henderson,Nevada. The adjusted bid amounts are $1,503,713.84 per year for Univar USA Inc.,and $1,529,865.39 per year for Lhoist North America. FISCAL IMPACT City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1796 Agenda Date:6/13/2019 Agenda #:3-F There is no impact to the General Fund.This Project is Citywide.Funds for this Project are budgeted in the Fiscal Year 2019 Water Enterprise Fund 40101,and future purchases will be included in future fiscal year budgets. Attachments: Attachment 1 - Bid Evaluation and Fiscal Impact Statement Attachment 2 - Sample Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ FISCAL IMPACT STATEMENT PROGRAM: REQUIREMENTS CONTRACT REBID OF BULK CALCIUM HYDROXIDE TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $279.300* $1.503.700^ Indirect Cost $0 JO TOTAL COST $279.300 $1.503.700 Additional Revenue or Savings Generated $0 $0 Net City Cost $279.300 $1.503.700 Amount Budgeted (If none budgeted, identify source) $145.900 $1.165.500 * Assumes running the NESWTF and SESWTF at maximum capacity. If this does occur, additional appropriations will be provided to cover any budget shortfalls. K:\FORMS\EVALUATIONFORMRC FIN 4.0/11-26-12 RC PRODUCTS 1.11 Rev. 12 14 17 PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation, hereinafter called the "City," and [Contractor Name], [Legal Identity], hereinafter called the "Contractor," as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: REBID OF BULK CALCIUM HYDROXIDE (Bid File No. [Number]) copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the estimated monetary consideration of [ ] DOLLARS AND [ ] CENTS ($[ ]), as set forth in the Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents. 3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. Contractor agrees to accept electronic payment from the City. 4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. / / / / / / FIN 4.0/11-26-12 RC PRODUCTS 1.12 Rev. 12 14 17 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: Dated: By: Name: (Type or print written signature.) Title: Dated: CITY OF FRESNO, a California municipal corporation By: [Name], Purchasing Manager Finance Department Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #FIN 4.0 has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Finance Department City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1781 Agenda Date:6/13/2019 Agenda #:3-G REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:MATTHEW L. BULLIS, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to removal of Perchloroethylene from Groundwater at Pump Station 117 and Pump Station 284 (Fresno County and Council District 2): 1.Adopt findings of Class 1,Class 3,and Class 32 Categorical Exemptions pursuant to Sections 15301, 15303, and 15332 of the California Environmental Quality Act Guidelines 2.Approve a Fourth Amendment to Agreement for supplemental engineering services with Provost & Pritchard Engineering Group, Inc., in the amount of not to exceed $156,000 RECOMMENDATIONS Staff recommends that City Council adopt findings of Class 1,Class 3,and Class 32 Categorical Exemptions pursuant to Sections 15301,15303,and 15332 of the California Environmental Quality Act (CEQA)Guidelines for removal of Perchloroethylene (PCE)from groundwater at water wells Pump Station (PS)117 and PS 284 (Project);approve a Fourth Amendment to the Agreement with Provost &Pritchard Engineering Group,Inc.(Provost &Pritchard),in the amount of not to exceed $156,000 for supplemental engineering services related to the State Water Resources Control Board (SWRCB)Prop 1 Groundwater Sustainability Grant (Grant)assistance and additional design services of Well Head Treatment Improvements at PS 117 and PS 284;and authorize the Director of Public Utilities, or designee, to execute the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The City has been awarded a Groundwater Sustainability Grant in the amount of $2,254,040 by the SWRCB to fund a PCE Groundwater Feasibility Study (to provide engineering design)and construction of groundwater treatment system for PS 117 and PS 284 and associated interconnecting pipeline.The Project is needed to assess the feasibility of remediation of PCE impacted City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1781 Agenda Date:6/13/2019 Agenda #:3-G pipeline.The Project is needed to assess the feasibility of remediation of PCE impacted groundwater,to provide engineering plans for the removal of PCE from groundwater,and to provide for construction funding.The proposed Fourth Amendment to the Agreement with Provost & Pritchard will provide additional design services to upgrade the electrical infrastructure at PS 284, revise the PS 117 drawings to include a third air stripper unit,and provide Grant assistance for preparation of additional Project reports as required by the Grant.The remaining Grant funds will subsequently be used to construct the well head treatment facility with a completion date of March 2021. BACKGROUND The Water Division maintains a network of approximately 260 municipal water supply wells that provide potable water to the community.Two City wells,PS 117 and PS 284 have elevated levels of PCE that exceed the State’s drinking water standard.PCE is a colorless liquid solvent widely used for dry cleaning operations in the 1950’s and 1960’s and due to poor disposal practices has migrated to groundwater.This Project will procure feasibility studies from Provost &Pritchard,and then construct a common well head treatment facility at PS 117 to treat water from both PS 117 and PS 284 by constructing a connection pipeline between well sites. On June 7,2016,the City hired Provost &Pritchard to provide design of plans and general construction documents for PS 117 and PS 284 Wellhead Treatment Improvements for a total fee of $262,473.Project plans are complete and ready for construction.On July 21,2017,the City and Provost &Pritchard entered into a First Amendment to Agreement to increase various engineering design activities for an additional fee of $65,946.On December 8,2017,the City and Provost & Pritchard entered into a Second Amendment to Agreement to extend the Agreement to October 31, 2018,to complete the Project.On January 17,2019,the City entered into a Third Amendment to Agreement with Provost &Pritchard to increase the scope of various engineering design activities for the additional fee of $28,500 and to extend the Project deadline to December 31, 2020. On May 18,2017,the City submitted an application to the SWRCB for a Groundwater Sustainability Grant which provides funding for programs associated with groundwater treatment.This program makes $86 million available to develop and implement sustainable groundwater planning projects of which groundwater impacted with PCE qualifies for Grant funds. On May 31,2018,the City was approved by the SWRCB to receive a Groundwater Sustainability Grant in the amount of $2,254,040.The SWRCB also determined that the City maintains a Disadvantaged Community status,which qualifies the City for the minimum 10%match obligation of $250,450,and which may be credited for funds previously spent on this Project.Grant funding has been structured to offset selected costs the City incurred in development of the initial engineering design,to fund a PCE groundwater feasibility study,and to fund construction activities.A resolution approving the Funding Agreement for this Project was adopted by City Council on January 17, 2019. Provost &Pritchard was selected as the most qualified firm to provide the design engineering services for this Project.The proposed Fourth Amendment will utilize up to $156,000 of the Grant funding to provide for additional engineering services and the groundwater Feasibility Study, including additional Project reporting requirements,as established by the Grant,for a total Provost & Pritchard contract value of $512,919.All work related to the Fourth Amendment to Agreement will be completed within the work schedule established in the Grant. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1781 Agenda Date:6/13/2019 Agenda #:3-G ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this Project and has determined it falls within the Categorical Exemption for existing facilities set forth in Section 15301 of the California Environmental Quality Act (CEQA)Guidelines,because this Project will result in adding a wellhead treatment facility and pipeline between existing wells,which entails a negligible expansion of existing uses.It also falls within the Categorical Exemption set forth in Section 15303 of the CEQA Guidelines for new construction or conversion of small structures,because the footprint of the wellhead treatment facility is approximately 2400 square feet.Finally,the Project falls within the Categorical Exemption for infill development set forth in Section 15332 of the CEQA Guidelines because this Project will result in a small structure within an existing urban setting in conformance with the adopted General Plan.Furthermore,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 to this action because this is an amendment to an existing Agreement. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Fresno County and Council District 2.On January 17,2019,the City accepted the Grant in the amount of $2,254,040 for this Project.A new fund will be established next fiscal year when the construction contact is awarded to properly account for these grant funds.This will be done through an amendment to the Annual Appropriation Resolution.The 10%matching funds required by the State Grant are included in Water Division’s FY 2019 budget within the DBCP Recovery Fund 40110. Attachments: Attachment 1 - Fourth Amendment to the Agreement Attachment 2 - Original Consultant Agreement and First, Second, and Third Amendment to the Agreement City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ ) ' FIRST AMENDMENT TO AGREEMENT THIS FIRST AMEN!)~ENT TO J.}1GREEMENT (First Amendment) made and entered into as of this ;.z.1s,-day of .)J.J~ 2017, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation, (CITY), and Provost and Pritchard Engineering Group, Incorporated, (CONSULTANT). RECITALS WHEREAS, CITY and CONSUL TANT entered into an agreement, dated June 7, 2016, for professional engineering services for the design of plans and general construction contract documents for Pump Stations 117 and 284 Well Head Treatment Improvements ("Project") for a total fee of $262,473; WHEREAS, CITY has amended the scope of services, from design of Granular Activated Carbon treatment facility to low profile air strippers in order to properly evaluate said systems for use in future similar treatment projects and their ability to address carbon dioxide issues; WHEREAS, the parties have negotiated an increase of $65,946 in CONSULTANT'S compensation to add to the current Part 2-Design Development Phase, Part 3-Construction Document Phase, Part 4-Bidding Phase, Part 5- Construction Phase and Supplemental Services scope of services; WHEREAS, CONSULTANT agrees it has no claim, demands, or disputes against CITY. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein conditioned, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1. Subsection (a) of Section 3 Compensation of the Agreement is amended in its entirety to read as follows: CONSUL TANT's sole compensation for satisfactory performance of all services required or rendered for the Project pursuant to this Amendment shall be a total fee of $65,946. The fees include all expenses incurred by CONSUL TANT in performance of such services. Total CONSUL TANT Project costs pursuant to this Amendment are $328,419. 2. Work related to the Agreement and this Amendment assured implementation and expeditious completion of Part 2-Design Development Phase and Part 3-Construction Document Phase on or before the expiration of the respective limits as set forth in the Agreement as amended herein . 1 I { 3. Except as otherwise provided herein, the Agreement entered into by CITY and CONSULTANT on June 7, 2016 remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] 2 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A California Municipal Corporation ATTEST: YVONNE SPENCE, CMG City Clerk APPROVED AS TO FORM : DOUGLAS T. SLOAN :~~ ~?µ2 randonM.Collet Date Deputy 3 dba Provost and Pritchard Engineering Group, Inc., a California corporation By ~0¥ Name : (v1 ltt[/feW lJJ · J?eYt1 P Title: VIU Pflt:sfDt;NT (If corporation or LLC, Board Chair, Pres. or Vice Pres.) By: ------'-4--Jk:~------~ilJ;:;,~.-~~---- Name : f.?¥/TH /\A. Moti:TeN$£lV Title : SeN Io rt.,, e;-Nlrl N ~ (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) EST 1968 PROVOST& PRITCHARD CONSUi-TiNG GROUP An Employee Owned Company May 18, 2017 Mr. Lita Bucu Supervising Engineering Technician City of Fresno 2101 G. Street, Bldg A Fresno, CA 93706 286 W. Cromwell Avenue Fresno, CA 93711 Phone(559)449-2700 Fax (559) 449-2715 www.ppeng.com Subject: Proposal for Additional Services for the PS 117 PCE Well Head Treatment Project Dear Mr. Bucu: At your request, Provost & Pritchard is submitting this proposal to provide additional services related to the PS 117 PCE Well Head Treatment Project (Project). Provost & Pritchard's original agreement, associated Scope of Services and fee for the Project, dated June 7th, 2016, explicitly assumed that granular activated carbon (GAC) would be the only treatment technology evaluated and designed. In November 2016 Provost & Pritchard was directed by the City to revise the previously submitted Draft Pumping Station 117 & 284 PCE Treatment Design Parameters Report to include a full evaluation of the air stripping treatment technology. The City has since directed Provost & Pritchard to proceed with Part 2 of the work (design development) based on use of air stripping treatment. This amendment request describes modifications to the Scope of Services and corresponding fee to modify the project from GAC treatment to air stripping treatment. Scope of Services The following revisions to the Scope of Services included as Exhibit A to the June 7th, 2016 agreement are proposed. These revisions are consistent with the air stripping project recommended in the revised Draft Pumping Station 117 & 284 PCE Treatment Design Parameters Report submitted to the City on February 6 1h, 2017. Revisions are highlighted with underlining and strikethrough. PART 1 SCHEMATIC DESIGN PHASE At the Direction of the City, the Design Parameters Report has been revised to incorporate an evaluation of shallow tray and diffused aeration air stripping technologies. The revised Design Parameters Report also includes a schematic site layout and building layout for a treatment plant incorporating one shallow tray treatment unit one diffused aeration treatment unit and space for the addition of a third treatment unit of either configuration . At the direction of the City, the cost of revising the report has been applied to Part 6 (Supplemental Services) of the original project budget. PART 2 DESIGN DEVELOPMENT PHASE A. PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\17051 B_Amendment Proposal_Air Stripping.doc Mr. Lita Bucu Re: City of Fresno PS 117 May 18, 2017 Page 2 of 7 1. Address Schematic Design Phase review comments and submit final version of Design Parameters Report to City 2. Prepare preliminary (60%) plans for wellhead treatment construction project, including the following sheets: i. Cover and index (1 sheet) ii. Legend and notes (1 sheet) iii. Demolition plan (1 sheet) iv. Site plan (1 sheet) v. Grading plan (1 sheet) vi. Site piping plan (1 sheet) vii. Pit Building piping details (1 sheet) viii. Pit structural details (2 sheets) ix. Miscellaneous details (2 sheets) x. Equipment Building details and sections (3 sheets) xi. Electrical sheets (2 sheets) xii. Title 24 sheet (1 sheet) xiii. Landscape plan (1 sheet) xiv. Irrigation plan (1 sheet) xv. Landscaping details (1 sheet) xvi. Design criteria sheet (1 sheet) xvii. Process flow diagram (1 sheet) xviii. Hydraulic profile (1 sheet) xix. Booster pump details ( 1 sheet) xx. Treatment equipment details and sections (2 sheets) xxi. Architectural floor plan. elevations, and building sections xxii. Building structural foundation and framing plans xxiii. Building electrical power and lighting plans xxiv. Building mechanical plans xxv. Building plumbing plans 3. Prepare preliminary technical specifications 4. Prepare itemized estimate of quantities and cost 5. Submit preliminary (60%) plans, specifications and estimate (PS&E) a. Internal QA/QC review prior to submittal b. Three 11 x 17 and one electronic (.PDF) copy Assumptions: a) City will provide record drawings for existing well site b) The treatment project (6027 Glenn site) will be bid as a separate project from the raw water pipeline project. c) Acquisition of the 6027 Glenn Avenue parcel is complete. No services associated with property acquisition have been included. d) City up-front contract documents (Div O and 1) will be used e) No new standby power generator is incuded in the project. It will be shown on the CUP exhibits as future. f) The air strippers will be located inside of an approximately 70' x 30' decorative/textured CMU building g) The building will include floor drains, but will not include water service. gas service. or a restroom . G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\170518_Amendment Proposal_Air Stripping.doc Mr. Lita Bucu Re: City of Fresno PS 117 May 18, 2017 Page 3 of 7 h) The building will not be ADA compliant. i) The building will not include a hoist. j) SCADA/telecommunications system design. specification, and construction will be accomplished by the City and will not be included in the plans and specifications . k) The building will not be sprinklered or include a fire alarm B. PERMITTING ASSISTANCE 1. Assist City with applying for and obtaining approval for a Development Permit (DP) for the 6027 Glenn Avenue site. i. Prepare DP exhibits consisting of Site Plan, Landscape Plan, and Elevation Views ii. Assist Water Division with preparation of Planning & Development Department Master Application Form iii. Submit application to Planning & Development Department iv. Participate in up to three meetings or Planning & Development Department counter visits after the initial application to assist the City in obtaining an approved DP 2. Submit off-site improvements plans to City & County of Fresno Public Works Department for review and approval 3. Coordinate with the State Water Resources Control Board -Division of Drinking Water (DOW) regarding the project and submit Design Parameters Report to DOW for their review. 4 . Coordinate with Fresno Metropolitan Flood Control District (FMFCD) regarding acceptable location of backwash and flush to waste water discharge. It has been assumed that backv,•ash water will be surface flowed to a curb inlet t'NO blocks to the west of the site . 5. Establish whether project is subject to SJVAPCD Indirect Source Rule 6. Contact the San Joaquin Valley Air Pollution Control District regarding the permitting requirements for the air stripping treatment plant and assist the City with applying for a permit to construct. Assumptions: a) City will pay for all permit fees directly b) Even though the PS 6027 Glenn Avenue property is within a County island, a City of Fresno DP will be required. c) City will provide Preliminary Title Report and supporting Deed documents; Letter of Owner Authorization; and Operational Statement required for application d) The City will handle coordination with residences adjacent to new PS 117 site regarding aesthetic impacts, construction activities, and construction of masonry wall along property lines. e) The treatment plant will not include off-gas treatment f) The two air stripping systems will be procured by the general contractor (i.e. not pre-purchased). G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\170518_Amendment Proposal_Air Stripping.doc Mr. Lita Bucu Re: City of Fresno PS 117 May 18, 2017 Page 4 of 7 PART 3 CONSTRUCTION DOCUMENT PHASE A. DRAFT FINAL (90%) DESIGN 1. 60% submittal review meeting with City 2. Address Design Development Phase review comments 3. Prepare draft final plans, including the same sheets listed in the previous phase. 4. Prepare draft final technical specifications 5. Incorporate City up-front contract documents 6. Prepare draft final cost opinions 7. Submit draft final plans, specifications and estimate a. Internal QA/QC review prior to submittal b. Three 11 x 17 and one electronic (.PDF) copy B. FINAL (100%) PLANS, SPECIFICATIONS AND ESTIMATES 1. 90% submittal review meeting with City 2. Address draft final review comments 3. Prepare final plans 4. Prepare final technical specifications 5. Prepare final opinion of probable construction costs 6. Submit final plans, specifications and estimate c. Internal QA/QC review prior to submittal d. Three 11 x 17 and one electronic (.PDF) copy Assumptions: a) The contractor will prepare and implement Storm Water Pollution Prevention Plan and Dust Control Plan as required C. BUILDING & SAFETY DEPARTMENT PLANCHECK 1. Submit four full-size plansets and two sets of structural calculations for Building & Safety Department Plancheck 2. Complete backcheck process to obtain Building & Safety Department approval 3. Obtain FMFCD plan approval and signatures Assumptions: a) Plancheck is only required for the wellhead treatment (6027 Glenn Avenue) construction project. PART 4 BIDDING PHASE A. BIDDING SERVICES 1. Attend pre-bid conference G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\17051 B_Amendment Proposal_Air Stripping.doc Mr. Lito Bucu Re: City of Fresno PS 117 May 18, 2017 Page 5 of 7 2. Prepare addenda and clarifications as necessary during the bid period PART 5 CONSTRUCTION PHASE AND GENERAL CONSTRUCTION CONTRACT ADMINISTRATION A. CONSTRUCTION SERVICES 1. Attend pre-construction conference 2. Review shop drawings and other contractor submittals 3. Provide general consultation and interpretation of construction documents 4. Respond to Requests for Information 5. Provide periodic site visits / construction observation 6. Prepare and submit record drawings based on contractor field record drawings 7. Conduct as-graded survey and prepare as-graded survey plan (6027 Glenn Avenue site) Assumptions: a) Estimated three site visits. PART 6 OPTIONAL SUPPLEMENTAL SERVICES Throughout the project, upon approval by the City, other needed services will be provided . This scope includes up to $9,246 (5% of the project budget for Tasks 1 through 5) to perform this task on a T&M basis, as approved by the City. The supplemental services budget has been depleted by the revisions that Provost & Pritchard was required to make to the Design Parameters Report and schematic site plan in order to switch from GAC treatment to air stripping. Provost & Pritchard recommends that the City replenish the budget for supplemental services, particularly since unexpected conditions are more likely to occur during the air stripping project as compared to the GAC project, with which the City has more experience. SPECIFIC EXCLUSIONS The following engineering services are specifically excluded from the scope of services but may be provided if requested by the City and following adjustment to this Scope of Services and corresponding fee estimate. A. Applying for plan amendment, rezoning, or code variances B. Construction staking C. Legal descriptions and exhibits D. Preparation of a Dust Control Plan and Stormwater Pollution Prevention Plan E. Payment of agency plan check and permit fees F. Construction management and inspection G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\17051 B_Amendment Proposal_Air Stripping.doc Mr. Lito Bucu Re: City of Fresno PS 117 May 18, 2017 Page 6 of 7 G. Potholing and utility location other than review of plats provided by utilities H. Coordination and permitting associated with the California Department of Toxic Substances Control. I. Environmental permitting J. Hydraulic modeling and/or surge analysis K. Traffic control plans L. Contractor prequalification M. Bench scale treatment testing and pilot studies (e.g. rapid small scale column testing) N. Preparation of water treatment Operations Plan and Hazardous Materials Business Plan 0. Design of air stripping off-gas treatment P. Off-gas plume analysis and other specialized services that may be requested by the San Joaquin Valley Air Pollution Control District. Q. Specialized acoustic engineering services Fee Provost & Pritchard Consulting Group will perform these services on a lump sum basis, in accordance with the terms of the existing project agreement. Our proposed revised fee budget for the project is as follows: G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\170518_Amendment Proposal_Air Stripping.doc Mr. Lita Bucu Re: City of Fresno PS 117 May 18, 2017 Page 7 of 7 Proposed Fee -PS 117 PCE Treatment Task Original Fee Revised Fee Task 1: Schematic Design $26,284 $26,284 Task 2: Design Development $58,853 $86,036 Task 3: Construction Documents $72,229 $92,088 Task 4: Bidding Phase $8,523 $11,686 Task 5: Construction Phase $19,033 $22,828 Subtotal $184,922 $238,922 Task 6: Supplemental Services $9,246 $21,192 Total Estimated Fee: $194,168 $260,114 Please feel free to contact me directly should you have any questions regarding this request. Sincerely Yours, Provost & Pritchard Consulting Group l{pe,:_ z,i--L>,Lte Kevin ;;;;~~ kcE 70415 Project Manager ~~!:l [~ Vice President G:\Fresno_City of-1561\156116015-Pump Station 117\_DOCS\PM\Proposal and Fees\170518_Amendment Proposal_Air Stripping.doc THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and entered into as of this /7fl1 day of 9,amu.� , 2019, amends the Agreement heretofore entered into between theCITY OF RESNO, a municipal corporation, (CITY), and Provost and Pritchard Engineering Group, Incorporated, (CONSUL TANT). RECITALS WHEREAS, CITY and CONSULTANT entered into an agreement, dated June 7, 2016, for professional engineering services for the design of plans and general construction contract documents for Pump Stations 117 and 284 Well Head Treatment Improvements ("Project") for a total fee of $262,473; WHEREAS, CITY and CONSULT ANT entered into the First Amendment to Agreement on July 21, 2017, to an increase of $65,946 in CONSULTANT'S compensation to add to the current Part 2-Design Development Phase, Part 3- Construction Document Phase, Part 4-Bidding Phase, Part 5-Construction Phase and Supplemental Services scope of services; WHEREAS, CITY and CONSUL TANT entered into the Second Amendment to Agreement on December 8, 2017, to extend the Agreement to October 31, 2018, to complete the Project; WHEREAS, CITY has amended the scope of services, from design of Granular Activated Carbon treatment facility to low profile air strippers in order to properly evaluate said systems for use in future similar treatment projects and their ability to address carbon dioxide issues; WHEREAS, CITY has amended the scope of services to include a Perchloroethylene (PCE) Plume Study which is one of the conditions imposed by the State prior to processing a grant funding for the project; WHEREAS, the parties have negotiated and now enter into this Third Amendment to add a Supplemental Services Phase to the Agreement, including a scope of services for the completion of the Supplemental Services Phase and increase in CONSUL TANT's compensation for such expanded scope of services by $28,500; and WHEREAS, the City and the Consultant desire to extend the term of the Agreement to December 31, 2020, to allow time to complete the Project. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein conditioned, and for other good and 1 valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1. CONSUL TANT shall perform the attached Supplemental Services Phase Scope of Services. CONSUL TANT shall complete the attached services in a manner to ensure expeditious completion of the Supplemental Phase on or before the Project timeline as set forth in the Agreement as amended herein. 2. CONSULTANT's sole compensation for satisfactory performance of all services required or rendered for the Project pursuant to this Third Amendment shall be a total fee of $28,500. The fees include all expenses incurred by CONSUL TANT in performance of such services. Total CONSUL TANT Project costs pursuant to the Agreement are $356,919. 3. The term of the Agreement is extended to December 31, 2020. 4. The recitals to this Third Amendment are incorporated and made a part of this Amendment. 5. Upon entering into this Third Amendment CONSUL TANT agrees it has no claim, demands, or disputes against CITY. 6. Except as otherwise provided herein, the Agreement entered into by CITY and CONSULTANT on June 7, 2016, First Amendment entered into by the City and the Consultant on July 21, 2017, and Second Amendment entered into by the City and the Consultant on December 8, 2017, remain in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] 2 IN WITNESS WHEREOF, the parties have executed this Third Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A California Municipal Corporation By:��� Michael Caraja1� Department of Public Utilities ATTEST: YVONNE SPENCE, CMG City Clerk By: cf.,,,,�� 1/2z/1'1 Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney Provost and Pritchard Engineering Group, Inc., a California corporation By:�� Name : f<:Errtt l\AoRTENS::€N Title: \/tcE-rfJf2ES.1DEt..JT (If corporation or LLC, Board Chair, -Pres. or Vice � res.) By:�� Name: H1e,f/, e:{_f Yw/(.. Title: C.0rZ.ra£//7e" �;Vj (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) By:/] / .-d-/�19 Date '/..J/1 Senior Deputy City Attorney Attachments: Supplemental Services Phase Scope of Services, Timeline, and Budget 3 Supplemental Services Phase Scope of Services, Timeline and Budget PCE Plume Study: Task 1 An evaluation of readily available public sources and City of Fresno data concerning the potential sources of PCE in City wells PS 117 and PS 284 will be conducted. The evaluation will include information research from the Regional Water Quality Control Board (RWQC B ), The California Department of Toxics Substances Control {DTSC), Fresno County Department of Environmental Health, if available Sanborn Fire Insurance Maps for the area within % mile of the two well sites and City provided data concerning PCE detections, well completion logs and other data as appropriate. The intent of the evaluation is to identify potential sources of PCE within the capture zone of the two City wells impacted by PCE and to support the well head treatment program's goals of providing drinking water below the MCL while acting to remove (Cleanup) PCE from groundwater affected by releases from yet unidentified sources. The evaluation will result in a technical memorandum that includes summaries of reviewed regulatory documents concerning PCE, Map(s) indicating potential sources and, if possible from the information available, an assessment of the likely sources impacting PS 117 and PS 284. Task 2 On March 20th the City of Fresno and Water B oard staff held a conference call, concerning the ability of the proposed groundwater treatment system for PS 117 and PS 284 to provide some level of PCE plume capture or management. As discussed at the conference call, lithologic logs and pumping records of the two City wells and other groundwater monitoring wells within one half mile (reviewed in Task 1) will be reviewed for soil type and hydrologic properties. Together, with published hydrologic relationships, this data will be used to assess a range of hydrologic properties to allow for an estimated radius of influence (ROI) from each City well to be calculated. The estimated ROls will be graphically represented on a map or maps indicating the relationship between the ROI and identified potential sources of PC E. This mapping is intended to support the City's efforts to capture and remove PCE from wells PS 117 and PS 284 through wellhead treatment as proposed. This effort will not include discrete zone sampling, tracer studies, or groundwater modeling. Project Schedule and Fee: We will complete this scope adjustment on a time and materials basis for an estimated fee of $28,500 in addition to our previously agreed budget for the PS 117 PCE Project. The work listed in this Amendment to Agreement will require ninety (90) days to complete from the issuance of the Notice to Proceed. 4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1793 Agenda Date:6/13/2019 Agenda #:3-H REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to Madison-Whitesbridge Recycled Water Main (Bid File 3620)(Council District 3 and County of Fresno): 1.Adopt Addendum 2 to the Fresno Recycled Water Distribution System,Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2.Award a construction contract to West Valley Construction Company,Inc.,in the amount of $3,854,224 3.Authorize the Director of Public Utilities,or designee,to sign the contract on behalf of the City of Fresno RECOMMENDATIONS Staff recommends that City Council adopt Addendum 2 to the Fresno Recycled Water Distribution System,Southwest Quadrant Tiered Mitigated Negative Declaration (MND)for Madison- Whitesbridge Recycled Water Main (Project);award a construction contract to West Valley Construction Company,Inc.,in the amount of $3,854,224;and authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities,Wastewater Management Division,is seeking to award a construction contract for the Project to West Valley Construction Company,Inc.in the amount of $3,854,224.Starting at the intersection of South Cornelia Avenue and West Madison Avenue of the Recycled Water Distribution System (RWDS)Segment SW1A,the Project is the continuation of the RWDS.The scope of work for the Project includes construction of approximately 2.9 miles of 16-inch diameter pipeline to extend the RWDS and expand the recycled water main system bringing tertiary treated water from the Regional Wastewater Reclamation Facility (RWRF)to West Fresno and City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1793 Agenda Date:6/13/2019 Agenda #:3-H treated water from the Regional Wastewater Reclamation Facility (RWRF)to West Fresno and beyond. BACKGROUND In 2009,the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030.The Recycled Water Master Plan prepared by the Department of Public Utilities identifies opportunities to assist with compliance of this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation,dust control,fountains,etc.).On April 11,2013,the City Council adopted the Recycled Water Master Plan and associated environmental documents. The scope of work for this Project includes construction of recycled water pipeline extensions at the following locations:from RWDS Segment SW1A at the intersection of West Madison Avenue and South Cornelia Avenue;from Segment SW1B at the intersection of Belmont Avenue and North Brawley Avenue;and from Segment SW1C2 at the intersection of South Hughes Avenue and West Whitesbridge Avenue.This Project includes construction of approximately 2.9 mile 16-inch diameter pipeline and will bring recycled water from the RWRF Tertiary Treatment facility located at West Jensen Avenue and South Cornelia Avenue to Madison Elementary School,Nielsen Basin,and future Oasis residential development. Plans and specifications were prepared for the Project.A Notice of Inviting Bids was published on April 24,2019,on the City’s Planet Bids website and faxed to eleven building exchanges.The specifications were distributed to seven prospective bidders.Four sealed bid proposals were received and publicly opened on May 14,2019.Bid proposal prices range from $3,854,224 to $5,747,431. The bid will expire with 64 days of bid opening, on July 17, 2019. Staff has determined that West Valley Construction Company,Inc.,is the lowest responsible and responsive bidder with a submitted bid of $3,854,224.Their bid price is 18%below the Engineer’s Estimate of $4,702,386. The staff determination was posted on the City website on May 20, 2019. ENVIRONMENTAL FINDINGS On December 18,2014,the City Council adopted the Tiered MND (State Clearinghouse No. 2014081078).An analysis has been performed pursuant to the California Environmental Quality Act (CEQA)Guidelines Section 15162 and Section 15164 and Addendum 2 to the MND has been prepared because of refinements to the pipeline routes.It has been determined that all applicable mitigation measures of the MND have been applied to the Project and the Project will not cause significant adverse cumulative impacts,growth inducing impacts,or irreversible significant effects beyond those identified.In addition,pursuant to CEQA Guidelines Section 15162,staff has determined that no substantial changes have occurred with respect to the circumstances under which the previous environmental documents were certified and/or adopted and that no new information, which was not known and could not have been known,has become available.As such,none of the conditions set forth in CEQA Guidelines Section 15162 are applicable to this Project.Therefore,it has been determined based upon the evidence on record that the Project will not have significant impact on the environment and that Addendum 2 to the MND is appropriate pursuant to CEQA Guidelines Section 15164. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1793 Agenda Date:6/13/2019 Agenda #:3-H LOCAL PREFERENCE Local preference was not implemented because the lowest responsive and responsible bidder is a local business. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Council District 3 and County of Fresno.This Project is identified in the Wastewater Management Division’s five-year Capital Improvement Plan.Funds in the amount of $9,599,010 for this Project are budgeted in the Fiscal Year 2019 Sewer Enterprise Fund 40501. Attachments: Attachment 1 - Addendum 2 to the Tiered MND Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract Attachment 4 - Vicinity Map City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ | Recycled Water Distribution System, Southwest Quadrant i ESA / 130412.01 Addendum #2 May 2019 TABLE OF CONTENTS Recycled Water Distribution System, Southwest Quadrant Addendum #2 Page Section 1, Background and Purpose of the Addendum ...................................................... 1 1.1 Background ............................................................................................................. 1 1.2 Purpose of this Addendum ...................................................................................... 1 Section 2, Description of Project Changes ........................................................................... 3 2.1 Project Overview ..................................................................................................... 3 2.2 Proposed Project Changes ..................................................................................... 3 Section 3, Analysis of Potential Environmental Effects ...................................................... 6 3.1 Aesthetics ................................................................................................................ 6 3.2 Agricultural and Forest Resources ......................................................................... 6 3.3 Air Quality ................................................................................................................ 7 3.4 Biological Resources .............................................................................................. 7 3.5 Cultural Resources.................................................................................................. 8 3.6 Geology, Soils, and Seismicity ............................................................................. 10 3.7 Greenhouse Gas Emissions ................................................................................. 10 3.8 Hazards and Hazardous Materials ....................................................................... 10 3.9 Hydrology and Water Quality ................................................................................ 11 3.10 Land Use and Land Use Planning ........................................................................ 12 3.11 Mineral Resources ................................................................................................ 12 3.12 Noise ..................................................................................................................... 12 3.13 Population and Housing ........................................................................................ 13 3.14 Public Services ...................................................................................................... 13 3.15 Recreation ............................................................................................................. 13 3.16 Transportation and Traffic ..................................................................................... 14 3.17 Utilities and Service Systems ............................................................................... 14 Section 4, Conclusion ........................................................................................................... 16 Appendices A. Cultural Resources Technical Memo ........................................................................... A-1 B. Biological Resources Technical Memo ........................................................................ B-1 List of Figures Figure 1. Current and Refined Alignment .................................................................................. 5 Table of Contents Recycled Water Distribution System, Southwest Quadrant ii ESA / 130412.01 Addendum #2 May 2019 This page intentionally left blank Recycled Water Distribution System, Southwest Quadrant 1 ESA / 130412.01 Addendum #2 May 2019 SECTION 1 Background and Purpose of the Addendum 1.1 Background The City of Fresno (City) Recycled Water Distribution System, Southwest Quadrant Tiered Initial Study/Mitigated Negative Declaration (IS/MND) (SCH# 2014081078) analyzed impacts associated with conveying tertiary treated recycled water from the Regional Water Reclamation Facility (RWRF) for urban reuse, groundwater recharge, and agricultural reuse as part of the City’s Recycled Water Master Plan (Master Plan). The City adopted a Master Plan in April 2013 that identified potential recycled water use opportunities within the City and its Sphere of Influence (SOI), including Fresno County lands located in or adjacent to the SOI. The Master Plan includes a plan for the installation and operation of treatment, storage and distribution infrastructure to serve the Master Plan area with recycled water. The Master Plan is being implemented in a phased manner based on technical, funding, partnering, and other factors through 2025. The Master Plan informs the City’s decision process in selecting recycled water projects that include expansion of the City’s recycled water system to reduce the use of percolation ponds that currently handle effluent discharge, to offset potable water use, and to enhance the sustainability of water supplies. On December 18, 2014, the City Council adopted the Tiered MND and approved the Recycled Water Distribution System, Southwest Quadrant project. The Tiered MND is on file at the City’s Planning Department, and can be found at the City of Fresno Development and Resource Management Department, 2600 Fresno Street, Room 3043, Fresno, California 93721-3604. Following certification of the Tiered MND and project approval, refinements were made to the pump station location and segments of the pipeline routes. These refinements were included in an Addendum to the Tiered MND which was adopted and approved by the City Council on August 31, 2017. Since the adoption of the Addendum, further refinements have been made to the pipeline alignments. See Section 2 for a description of proposed refinements. 1.2 Purpose of this Addendum The CEQA Guidelines (Sections 15162 and 15164) require that a lead agency prepare an addendum to a negative declaration if some changes or additions to the environmental evaluation of a project are necessary but none of the following occurs: 1. Background and Purpose of the Addendum Recycled Water Distribution System, Southwest Quadrant 2 ESA / 130412.01 Addendum #2 May 2019 1. There are no substantial changes in the project which require major revisions to the mitigated negative declaration or a substantial increase in the severity of previously identified significant effects; 2. There are no substantial changes with respect to the circumstances under which the project is undertaken which require major revisions to the negative declaration; or 3. No new information of substantial importance, which could not have been known with the exercise of reasonable diligence at the time of negative declaration adoption, shows any of the following: i. the project will have one or more significant effects not discussed in the negative declaration, ii. the project will result in impacts substantially more severe than those disclosed in the negative declaration, iii. mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt it, or iv. mitigation measures or alternatives that are considerably different from those analyzed in the negative declaration would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt it. The purpose of this document is to (1) evaluate the refinements to the pipeline routes and (2) to provide documentation to support that the proposed refinements would not result in effects that meet the criteria described in CEQA Guidelines Sections 15162 and 15164 and, therefore, an Addendum is appropriate. Recycled Water Distribution System, Southwest Quadrant 3 ESA / 130412.01 Addendum #2 May 2019 SECTION 2 Description of Project Changes 2.1 Project Overview The City proposed to install recycled water distribution pipelines and construct a pump station in the City of Fresno’s Southwest Quadrant. The proposed distribution pipelines would convey tertiary treated recycled water from the RWRF for urban reuse, groundwater recharge, and agricultural reuse as proposed as part of the City’s Master Plan. The pump station would be connected to the proposed recycled water distribution pipeline segment SW 1B located along West Belmont Avenue as shown in Figure 1. 2.2 Proposed Project Changes The City is proposing modifications to the alignment as shown in Figure 1. In total, the refined pipeline alignments would result in an addition of approximately 4 miles of pipeline. The Tiered MND analyzed approximately 22 miles of pipeline which was reduced by approximately 1,600 feet with the revisions analyzed in the 2017 Addendum. Therefore, when compared to the original pipeline length analyzed of approximately 22 miles, and the reduction of 1,600 feet as part of the 2017 Addendum, an increase of 4 miles as part of this Addendum would result in a net increase of 3.70 miles or a 16.82 percent increase in overall pipeline length from the Tiered MND. The following describes the changes in detail. The first additional segment would begin at the intersection of West Belmont Avenue and North Brawley Avenue where it would connect to segment SW 1B of the existing alignment. From there the segment would run south along North Brawley Avenue for approximately 1,800 feet before travelling east into Nielsen Basin for approximately 1,600 feet before terminating. The second additional segment would connect to segment SW 1A of the existing alignment at the intersection of South Cornelia Avenue and West Madison Avenue and extend approximately 9,000 feet east along West Madison Avenue before terminating. The alignment would also extend north along South Valentine Avenue between West Madison Avenue and West Whitesbridge Avenue for approximately 2,500 feet. Lastly, the alignment would extend along West Whitesbridge Avenue for approximately 5,900 feet from 700 feet west of the intersection of South Valentine Avenue and West Whitesbridge Avenue to the intersection of South Hughes Avenue and West Whitesbridge Avenue where it would connect to the segment SW 1C2 of the existing alignment. 2. Description of Project Changes Recycled Water Distribution System, Southwest Quadrant 4 ESA / 130412.01 Addendum #2 May 2019 Installation of the pipelines along the refined alignments would be consistent with the construction considerations described in Chapter 1, Project Description, pages 1-8 through 1-11of the Tiered MND. 180 180 41 99 99 Belmont Avenue CorneliaAvenueFresnoStreetVentura Avenue McKinley Avenue FruitAvenueJensen Avenue H Street Shields Avenue Madison Avenue Whitesbridge Avenue 180PumpStationSite Esri, Fresno Recycled Water Project . 130412Figure 1Original and Addendum Alignments SOURCE: USDA, 2016; ESRI, 2012; Blair, Church, and Flynn, 2019; ESA, 2019 0 5,000 Feet Current AlignmentRefined Alignment Recycled Water Distribution System, Southwest Quadrant 6 ESA / 130412.01 Addendum #2 May 2019 SECTION 3 Analysis of Potential Environmental Effects Because project operations would remain unchanged, the focus of the analysis in this Addendum is on the proposed installation of the pipelines along the refined routes. Therefore, impacts related to project operations are not discussed further in this Addendum. 3.1 Aesthetics Section 2.1 of the Tiered MND analyzed impacts to the aesthetics of the project area, and found that installation of the proposed pipelines and construction of the pump station could degrade the existing visual character or quality of the project area. Installation of the pipelines would require the use of heavy equipment, excavation and grading, and storage of materials on-site, which could result in temporary changes to the visual character of the surrounding areas. The Tiered MND concluded that implementation of Master Plan Environmental Impact Report (EIR) Mitigation Measures 4.11.2a through c and Master Plan EIR Mitigation Measure 4.11.3 would reduce impacts from construction activities by requiring areas disturbed during construction to be restored to pre- existing conditions, landscaping to be appropriately applied and maintained, facility designs include non-glare exterior coatings that are colored in earth tone, and shielding of nighttime lighting. The pipelines proposed as part of the refined route would be installed primarily within existing road right-of-ways and would be located underground following installation. In addition, the proposed revisions would be required to comply with Master Plan EIR Mitigation Measures 4.11.2a-c and Master Plan EIR Mitigation Measure 4.11.3 to reduce impacts to less-than- significant levels. Therefore, installation of the pipelines along the refined routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.2 Agricultural and Forest Resources Section 2.2 of the Tiered MND analyzed impacts to agricultural and forest resources, and concluded that installation of the proposed pipelines and construction of the pump station would not result in a significant conversion of farmland or forest resources because the pipelines would be installed underground primarily in existing road right-of-ways, and the pump station would not be located on land designated for agricultural or forest use. Installation of the pipelines along the refined routes would also primarily occur in existing road right-of-ways. Therefore, installation of the pipelines along the refined routes would not result in new significant impacts or a substantial 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 7 ESA / 130412.01 Addendum #2 May 2019 increase in the severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.3 Air Quality Section 2.3 of the Tiered MND analyzed air quality impacts and concluded that installation of the pipelines and construction of the pump station could result in significant impacts due to construction activities generating short-term emissions of criteria air pollutants. The Tiered MND concluded that implementation of Master Plan EIR Mitigation Measure 4.7.1a to 4.7.1c would minimize potential construction related air emissions to a less than significant level by requiring compliance with Regulation VIII Rule 8011 and San Joaquin Valley Air Pollution Control District measures for dust control; Rule 9510 Indirect Source Review for reductions of 20% of the NOx construction emissions and 45% of the PM10 construction exhaust emissions or payment of mitigations fees; and off-road equipment used on site achieving fleet average emissions equal to or less than the Tier II emissions standard of 4.8 NOx grams per horsepower- hour (g/hp-hr). Proposed installation activities for the proposed pipeline routes would be the same as those identified in the Tiered MND, except that they would occur in different locations and along slightly longer pipeline alignments. The refined pipeline alignments would result in approximately 3.70 miles of additional pipeline more than what was previously analyzed in the Tiered MND and 2017 Addendum. When compared to the original pipeline length analyzed of approximately 22 miles, and the reduction of 1,600 feet as part of the 2017 Addendum, an increase of 4 miles as part of this Addendum would result in a net increase of 3.70 miles or a 16.82 percent increase in overall pipeline length from the Tiered MND. Therefore, the additional pipeline length would result in only a small increase in construction time, which would correlate to a small increase in the generation of short-term emissions of criteria air pollutants. In addition, installation of the refined pipeline routes would be required to comply with Master Plan EIR Mitigation Measures 4.7.1a to 4.7.1c to reduce impacts to less-than-significant levels. Therefore, construction of the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND. 3.4 Biological Resources Section 2.4 of the Tiered MND analyzed impacts to biological resources and concluded that installation of the pipelines and construction of the pump station could result in significant impacts to special-status species and their habitats, seasonal movement for migratory wildlife species, protected trees, and jurisdictional waters of the United States. As identified within the Tiered MND, these impacts would be reduced to less than significant with implementation of Master Plan EIR Mitigation Measures 4.5.2, 4.5.4a, 4.5.4b, 4.5.8, and 4.5.10, and Tiered MND Mitigation Measures BIO-1 and BIO-2. Installation of pipeline along the refined alignment had not been previously surveyed for biological resources. An Environmental Science Associates (ESA) biologist conducted a field reconnaissance survey of the refined alignment on April 18, 2019, which includes new sections of pipeline along West Madison Avenue, West Whitesbridge Avenue, and North Brawley Avenue. 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 8 ESA / 130412.01 Addendum #2 May 2019 The survey identified no additional sensitive biological resources within the refined pipeline alignment. Based on observations made during the biologist’s reconnaissance survey, the refined pipeline alignments mostly follow paved roads in rural residential, agricultural, or commercial and industrial areas. A limited number of ground squirrel (Otospermophilus beecheyi) burrows and burrow complexes were observed in a landscaped grass area in front of a commercial building along West Whitesbridge Avenue. These burrows may potentially provide habitat for special- status burrowing animals including western burrowing owl (Athene cunicularia) and San Joaquin kit fox (Vulpes macrotis mutica). No western burrowing owl or San Joaquin kit fox individuals or signs of their presence were observed at or around the burrow entrances. The biologist did not observe any burrows or California ground squirrel activity in the ruderal fields adjacent to the refined alignment, and no western burrowing owl or San Joaquin kit fox individuals were observed in those fields. If the species or active dens or burrows are present in the ruderal fields during installation, disturbance associated with these activities could temporarily result in elimination of areas essential for seasonal movement as well as harm to individuals if present during construction activities. Implementation of Master Plan EIR Mitigation Measures 4.5.2, 4.5.4a, and 4.5.4b would reduce potential impacts to burrowing owl and San Joaquin kit fox to a less than significant level by implementing preconstruction surveys, buffer zones around dens, worker education, and other measures as specified therein. Birds, including raptors, and bats have the potential to nest or roost within the trees along the refined alignment. An active red-tailed hawk (Buteo jamaicensis) nest was observed in a eucalyptus tree located approximately 1,200 feet north of the refined alignment along West Madison Avenue. That nest is far enough away that it would not be affected by installation activities associated with the refined pipeline alignments because nesting raptors often require a buffer of only up to a 500-foot radius. However, if passerine birds and raptors which are protected by the Migratory Bird Treaty Act are nesting close to the project’s vicinity, installation activities could cause nest abandonment or loss of reproductive potential. Other potential impacts to these species during project installation include the potential for harm to individual birds, if present, and the loss of suitable nesting and foraging habitat. Therefore, installation of pipelines along the refined alignments could have a potentially significant impact on nesting birds. Implementation of Master Plan EIR Mitigation Measure 4.5.2 would be required to reduce impacts to nesting birds to a less than significant level by completing preconstruction surveys, avoiding nesting birds, and establishing buffer zones as warranted; the buffer zone may vary depending on species and site specific conditions as approved by the California Department of Fish and Wildlife. Therefore, the refined project would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.5 Cultural Resources Section 2.5 of the Tiered MND noted that potentially significant impacts to cultural resources during the construction phase would be limited to unidentified prehistoric or historic subsurface cultural resources. Master Plan EIR Mitigation Measures 4.12.2b and 4.12.2c include 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 9 ESA / 130412.01 Addendum #2 May 2019 implementation of a construction worker training program and measures to protect the unexpected discovery of subsurface resources during construction. Master Plan EIR Mitigation Measures 4.12.4a and 4.12.4b provide for review of discovered paleontological resources by a qualified paleontologist, and implementation of a resource monitoring and mitigation program, as relevant. Master Plan EIR Mitigation Measure 4.12.3 would require contact with the County coroner and the Native American Heritage Commission as warranted. The Tiered MND concluded that implementation of these mitigation measures would reduce impacts to previously unidentified archeological resources to a less-than-significant level. The refined pipeline routes are located partially within the ½ mile buffer area considered in the records search performed for the Tiered MND (Figures 3a-c): ESA conducted a records search for this project at the San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System at California State University Bakersfield on October 21, 2013 (RS# 13-429) September 23, 2014 (RS# 14-333), and conducted an updated records search for the refined pipeline alignments on April 29, 2019 (RS#19-142). These records searches indicated no documented resources within or adjacent to the refined pipeline routes. Additionally, an ESA archaeologist conducted a pedestrian field survey of the refined pipeline alignments on April 17, 2019 and April 24, 2019. The field survey identified no prehistoric or historic period resources within the refined pipeline alignments. Five historic resources were identified intersecting or adjacent to the original pipeline alignment s, although the previous addendum resulted in the removal of two of these (P-10-6032, the Weber Avenue Overcrossing; and P-10-4513, Belmont Avenue Subway), as well as the evaluation of the Houghton Canal (recommended ineligible due to a lack of significant associations). The refined alignment includes the remaining three historical resources identified in the original project as adjacent to the refined pipeline alignments, but no additional historical resources were identified during the current course of study. no longer intersect the APE. ESA cultural resources specialists determined that the refined pipeline routes would not result in direct or indirect impacts to these resources that would hinder their ability to convey their historic significance. Subsequently, installation of the refined pipeline routes would result in no anticipated impacts to historical resources. Installation of the refined pipeline route is not anticipated to encounter subsurface resources, paleontological resources or human remains, but would be required to comply with Master Plan EIR Mitigation Measures 4.12.2b and 4.12.2c, Master Plan EIR Mitigation Measures 4.12.4a and 4.12.4b; and Master Plan EIR Mitigation Measure 4.12.3 to reduce impacts to less-than-significant levels. In the unlikely event resources are discovered during installation, implementation of these mitigation measures would ensure that the proper procedures are followed should the unexpected discovery of subsurface resources, paleontological resources, or human remains occur. Therefore, the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 10 ESA / 130412.01 Addendum #2 May 2019 3.6 Geology, Soils, and Seismicity Section 2.6 of the Tiered MND analyzed potential impacts to geology and soils and concluded that pipelines could be subject to damage resulting from a seismic event or unstable soil conditions. The Tiered MND concluded that implementation of Master Plan EIR Mitigation Measures 4.3.1a-c and Tiered MND Mitigation Measure GEO-1 would reduce the impacts to a less-than-significant level by providing for the preparation of a soil and geotechnical engineering study for the project, a Phase 1 and if necessary Phase 2 site assessment(s) for the pump station site, and adherence to California Building Code standards and pipeline design guidelines provided by the American Water Works Association. The pump station site was moved in the 2017 Addendum and compliance with Mitigation Measure GEO-1 was no longer required to mitigate potential impacts from contaminated soils. Implementation of the refined pipeline routes would be similar to the approved project except that potential geology, soils, and seismicity impacts would occur in different locations. The refined project would also result in the installation of buried pipelines. Although located in a different location than the approved project, the modified pipeline alignments would be required to comply with Master Plan EIR Mitigation Measures 4.3.1a-c to reduce impacts to less-than-significant levels. Therefore, the refined pipeline alignments would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.7 Greenhouse Gas Emissions Section 2.7 of the Tiered MND analyzed greenhouse gas emissions and climate change impacts and concluded that there would be less-than-significant impacts due to greenhouse gas emissions and climate change. The refined pipeline alignments would result in approximately 4 additional miles of pipeline from what was previously analyzed in the Tiered MND. However, when compared to the original pipeline length analyzed of approximately 22 miles, and the reduction of 1,600 feet as part of the 2017 Addendum, an increase of 4 miles as part of this Addendum would result in a net increase of 3.70 miles or a 16.82 percent increase in overall pipeline length from the Tiered MND. Installation activities along the refined pipeline alignments would be similar to those described for pipelines under the Tiered MND. Therefore, the additional pipeline length would result in only a small increase in construction time, which would correlate to a small increase in the generation of greenhouse gas emissions. Greenhouse gas emissions of the original project were not near any significance thresholds; therefore, small increases anticipated under the refined project would not result in a significant impact or require additional mitigation. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in the severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.8 Hazards and Hazardous Materials Section 2.8 of the Tiered MND analyzed impacts related to hazards and hazardous materials, and concluded that the installation of proposed pipelines and construction of the pump station could 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 11 ESA / 130412.01 Addendum #2 May 2019 result in an accidental discovery and/or release of hazardous materials, interference with emergency vehicle access, and wildfire. The Tiered MND concluded that implementation of Master Plan EIR Mitigation Measures 4.6.1a and 4.6.1b, and 4.9.1a-c, Tiered MND Mitigation Measure GEO-1 and Tiered MND Mitigation Measure HM-1 would reduce the impacts to a less- than-significant level by requiring coordination with appropriate local governments and emergency providers, and ensuring implementation of fire risk reducing measures. The refined pipeline routes do not have a history of hazardous material use and no new hazardous materials sites were discovered during an updated online search of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The refined pipeline routes would result in similar impacts from accidental discovery and/or release of hazardous materials, interference with emergency vehicle access, and wildfire. Installation of the refined pipeline routes would be required to comply with Master Plan EIR Mitigation Measures 4.6.1a and 4.6.1b, Master Plan EIR Mitigation Measures 4.9.1a-c, and Tiered MND Mitigation Measure HM-1 to reduce impacts to less-than-significant levels. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.9 Hydrology and Water Quality Section 2.9 of the Tiered MND analyzed impacts to hydrology and water quality and concluded that installation of the pipelines and construction of the pump station could result in significant impacts to water quality. Adherence to Best Management Practices (BMPs) as part of obtaining a National Pollutant Discharge Elimination System (NPDES) General Construction Permit would reduce impacts from waterborne pollutants entering natural waters to less-than-significant. BMPs may include, but would not be limited to: Physical barriers to prevent erosion and sedimentation including setbacks and buffers, rooftop and impervious surface disconnection, rain gardens and cisterns, and other installations; Construction and maintenance of sedimentation basins; Limitations on construction work during storm events; Use of swales, mechanical, or chemical means of stormwater treatment during construction, including vegetated swales, bioretention cells, chemical treatments, and mechanical stormwater filters; and Implementation of spill control, sediment control, and pollution control plans and training. The specific BMPs to be implemented would be determined prior to issuance of the NPDES General Permit, in coordination with the Central Valley Regional Water Quality Control Board. The installation of the refined pipeline routes would also be installed underground and would occur primarily in existing road right-of-ways and constructed in the same manner as previously analyzed. During installation, the refined pipeline routes would also be required to comply with the conditions of the NPDES General Construction Permit, including applicable BMPs, which 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 12 ESA / 130412.01 Addendum #2 May 2019 would ensure that potential water quality impacts would be minimized. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.10 Land Use and Land Use Planning Section 2.10 of the Tiered MND analyzed impacts to land use planning and concluded that installation of the pipelines and construction of the pump station could result in significant impacts to an applicable land use plan because the approved pump station site was included within the solid waste disposal site boundary for inert wastes. Tiered MND Mitigation Measure LU-1 required an amendment of the solid waste disposal site boundary before purchasing the original pump station site, which was no longer necessary for the revised pump station site as analyzed in the 2017 Addendum. The pipelines along the refined pipeline routes would be buried underground following construction and would not result in a change to existing or planned land uses. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.11 Mineral Resources Section 2.11 of the Tiered MND analyzed impacts to mineral resources and concluded that no impact to mineral resources would occur. Installation of the pipeline along the refined route would also occur primarily in existing road right-of-ways and would not be located over any mineral resource area, preventing future resource excavation. Therefore, installation of the refined pipeline route would not result in new significant impacts or a substantial increase in the severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.12 Noise Section 2.12 of the Tiered MND analyzed noise impacts and concluded that there would be significant temporary increases in noise and ground-borne vibration levels associated with installation of the pipelines and construction of the pump station. The Tiered MND concluded that implementation of Master Plan EIR Mitigation Measures 4.8.1 and 4.8.2 would reduce noise levels when activities occur adjacent to sensitive receptors to less-than-significant levels. Installation of the pipelines along the refined route would result in the same noise and vibration levels as those associated with the approved pipeline routes, but in different locations. Installation of the refined pipeline routes would be required to comply with Master Plan EIR Mitigation Measures 4.8.1 and 4.8.2 to reduce impacts to less-than-significant levels. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 13 ESA / 130412.01 Addendum #2 May 2019 3.13 Population and Housing Section 2.13 of the Tiered MND analyzed impacts to population and housing and concluded that there would be less-than-significant impacts to growth and no impact to displacement of housing or people. Implementation of the project would distribute recycled water to meet a small portion of the total demand from planned development that was evaluated in the adopted 2025 Fresno General Plan, General Plan Master EIR (MEIR) and Air Quality MND. Recycled water distributed under the project would be used to offset demand that would otherwise be met using groundwater or imported surface water supplies. Installation of the refined pipeline routes would also distribute recycled water and offset demand that would otherwise be met using groundwater or imported surface water and would not result in displacement of existing homes or substantial numbers of people above what was previously analyzed in the Tiered MND. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in the severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.14 Public Services Section 2.14 of the Tiered MND analyzed impacts to public services and concluded that there would be no generation of new population growth, increase of staff to operate and maintain facilities or increase the demand for public services. Installation of the refined pipeline routes would distribute recycled water that would be used to offset demand that would otherwise be met using groundwater or imported surface water supplies and therefore not generate new population growth above existing assumed levels. In addition, the operation and maintenance of the refined pipeline routes would not require the City to hire additional staff to operate and maintain facilities because the pipeline would result in a small increase in overall pipeline length. Thus, installation of the refined pipeline routes would not increase the demand for the kinds of public services that would support new residents, such as schools, parks, fire, police, or other public facilities. Therefore, installation of refined pipeline routes would not result in new significant impacts or a substantial increase in the severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.15 Recreation Section 2.15 of the Tiered MND analyzed impacts to recreation and concluded that there would be temporary interference with access to portions of the Rotary Storyland and Playland Park and Roeding Park. Access would be restored following completion of construction activities, and therefore would not result in a significant impact. The refined pipeline alignments would not result in interference with access to recreation facilities. Therefore, the refined pipeline alignments would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 14 ESA / 130412.01 Addendum #2 May 2019 3.16 Transportation and Traffic Section 2.16 of the Tiered MND analyzed impacts to transportation and concluded that installation of the pipelines and pump station could result in significant impacts due to vehicle trips generated by construction workers and construction vehicles on area roadways and reduced travel lanes, potential traffic safety hazards, and impediments to emergency vehicle access. The Tiered MND concluded that implementation of Master Plan EIR Mitigation Measure 4.6.1a and 4.6.1b would reduce these impacts to less than significant by requiring development and implementation of a traffic management plan, obtaining necessary road encroachment permits, and coordination with local governments, agencies, and departments. Installation of the pipeline along the refined pipeline routes would result in similar impacts to transportation as those associated with the approved pipeline routes, but in different locations. Installation of the refined pipeline routes would be required to comply with Master Plan EIR Mitigation Measure 4.6.1a and 4.6.1b to reduce impacts to less-than-significant levels. Therefore, installation of the refined pipeline routes would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3.17 Utilities and Service Systems Section 2.17 of the Tiered MND analyzed impacts to utilities and service systems and concluded that impacts would be less-than-significant. The quantity of solid waste is expected to be minimal and local landfills have adequate capacity. Installation of the refined pipeline alignments would be similar to the approved project except that the installation would occur in different locations. The refined project would also result in the installation of buried pipelines, although located in a difference location than the approved project. When compared to the original pipeline length analyzed of approximately 22 miles, an increase of 4 miles as part of this Addendum would result in a net increase of 3.70 miles or a 16.82 percent increase in overall pipeline length from the Tiered MND. The small increase in pipeline length would result in a small increase in solid waste created; however, because the local landfills have adequate capacity and the refined pipeline routes would only result in a minimal increase in waste, the project is not anticipated to affect the capacity of the local landfills. The refined pipeline alignments would be installed underground and would occur primarily in existing road right-of-ways and would not result in an increased amount of impervious surfaces. Therefore, installation of the pipelines along the refined alignment would not result in new significant impacts or a substantial increase in the severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 15 ESA / 130412.01 Addendum #2 May 2019 This page intentionally left blank Recycled Water Distribution System, Southwest Quadrant 16 ESA / 130412.01 Addendum #2 May 2019 SECTION 4 Conclusion On the basis of the evaluation presented in Section 3, the proposed refinements to the pipeline routes would not trigger any of the conditions listed in Section 1.2 of this Addendum requiring preparation of a subsequent or supplemental MND. All mitigation measures from the Master Plan EIR and Tiered MND apply to the proposed refinements to the pipeline routes except Tiered MND Mitigation Measure LU-1 and Tiered Mitigation Measure GEO-1, as described previously in Section 3, Analysis of Potential Environmental Effects. This Addendum satisfies the requirements of CEQA Guidelines Sections 15162 and 15164. Under CEQA, modifications that are not substantial, but represent minor changes or additions may be presented in an addendum and does not require circulation. This document will be made part of the administrative record and will be transmitted to the lead agency decision-making body along with the certified Master Plan EIR and Tiered MND to provide clarification regarding proposed refinements outlined above and to comply with CEQA Guidelines Section 15164. 3. Analysis of Potential Environmental Effects Recycled Water Distribution System, Southwest Quadrant 17 ESA / 130412.01 Addendum #2 May 2019 This page intentionally left blank Recycled Water Distribution System, Southwest Quadrant ESA / 130412.01 Addendum #2 May 2019 APPENDIX A Cultural Resources Technical Memo May 1, 2019 Todd Gordon, ESA Project Manager Kathy Cleveland, ESA Architectural Historian; Mai Lee, ESA Archaeologist Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis The following cultural resources analysis was conducted as part of the Fresno Recycled Water Distribution System, Southwest Quadrant Addendum #2 for the proposed revisions of the pipeline alignment from the September 2017 addendum Tiered MND. This addendum document incorporates by reference the regulatory and background setting information from those earlier documents, focusing this analysis on the segments of the proposed additional pipeline alignment not previously analyzed in earlier Tiered MND or subsequent Addendum. Project Background The City of Fresno (City) Recycled Water Distribution System, Southwest Quadrant Tiered Initial Study/Mitigated Negative Declaration (IS/MND) (SCH# 2014081078) analyzed impacts associated with conveying tertiary treated recycled water from the Regional Water Reclamation Facility (RWRF) for urban reuse, groundwater recharge, and agricultural reuse as part of the City’s Recycled Water Master Plan (Master Plan). The City adopted a Master Plan in April 2013 that identified potential recycled water use opportunities within the City and its Sphere of Influence (SOI), including Fresno County lands located in or adjacent to the SOI. The Master Plan includes a plan for the installation and operation of treatment, storage and distribution infrastructure to serve the Master Plan area with recycled water. The Master Plan is being implemented in a phased manner based on technical, funding, partnering, and other factors through 2025. The Master Plan informs the City’s decision process in selecting recycled water projects that include expansion of the City’s recycled water system to reduce the use of percolation ponds that currently handle effluent discharge, to offset potable water use, and to enhance the sustainability of water supplies. On December 18, 2014, the City Council adopted the Tiered MND and approved the Recycled Water Distribution System, Southwest Quadrant project. The Tiered MND is on file at the City’s Planning Department, and can be found at the City of Fresno Development and Resource Management Department, 2600 Fresno Street, Room 3043, Fresno, California 93721-3604. Following certification of the Tiered MND and project approval, Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis 2 refinements were made to the pump station location and segments of the pipeline routes. These refinements were included in an Addendum to the Tiered MND which was adopted and approved by the City Council on August 31, 2017. Since the adoption of the Addendum, further refinements have been made to the pipeline alignments, and are described below. These alignment changes are the subject of this Addendum. Project Description and Location The City proposes to install recycled water distribution pipelines and construct a pump station in the City of Fresno’s Southwest Quadrant. The City is proposing modification to the alignment as shown in Figure 1, in total resulting in an addition of approximately 4 miles of pipeline to the original 22 miles analyzed in the Tiered MND. Installation of the pipelines along the additional alignment would occur within the existing road right-of way, and be consistent with the construction considerations described in Chapter 1, Project Description, of the Tiered MND pages 1-8 through 1-11. The first additional segment would begin at the intersection of West Belmont Avenue and North Brawley Avenue where it would connect to segment SW 1B of the existing alignment. From there the segment would run south along North Brawley Avenue for approximately 1,800 feet before travelling east into Nielsen Basin for approximately 1,600 feet before terminating. The second additional segment would connect to segment SW 1A of the existing alignment at the intersection of South Cornelia Avenue and West Madison Avenue and extend approximately 9,000 feet east along West Madison Avenue before terminating. The alignment would also extend north along South Valentine Avenue between West Madison Avenue and West Whitesbridge Avenue for approximately 2,500 feet. Lastly, the alignment would extend along West Whitesbridge Avenue for approximately 5,900 feet from 700 feet west of the intersection of South Valentine Avenue and West Whitesbridge Avenue to the intersection of South Hughes Avenue and West Whitesbridge Avenue where it would connect to the segment SW 1C2 of the existing alignment. Archival Review The refined pipeline routes are located partially within the ½ mile buffer area considered in the records search performed for the Tiered MND. ESA conducted records searches for the original project, as well as the previous addendum analysis, at the San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System at California State University Bakersfield on October 21, 2013 (RS# 13-429) September 23, 2014 (RS# 14-333). ESA also requested SSJVIC staff conducted a supplemental records search on April 29, 2019 (RS#19-142) to address the portions of the additional pipeline alignment outside of the previously conducted records searches. Attachment A includes the records search summary letter provided by the SSJVIC as part of this addendum analysis. Records Search Results The April 2019 records search identified five previously completed reports intersecting portions of the refined pipeline alignments, and three additional reports within the ½ mile buffer of the refined pipeline alignments, not previously documented by earlier analysis. Table 1 below describes and summarizes these reports. Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis 3 TABLE 1 REPORTS CONDUCTED WITHIN ½ MILE OF THE PROJECT SITE Reports # Author: Title Intersecting Proposed new Alignment (y/n) FR-00194 Brewer, Christopher: Historic Property Survey Report for the Dry Creek Canal, City of Fresno, California N FR-00249 Bowen, Carrie L.: Historical Property Survey Report and Finding of No Effect for Route 180 Study Area Preservation of Right of Way from Route 99 to Brawley Avenue in the City of Fresno Y FR-00250 Fisher, Jim: Historical Architectural Survey Report for the Proposed Construction of Route 180 From Brawley Avenue to Thorne Avenue in the City of Fresno Y FR-01847 Knudson, Holly D.: Review of the Proposed Bechtel Telecommunications/AT&T Wireless Services Project "Kearney Park," located at 287 South Brawley Avenue, Fresno, California N FR-02232 Brady, Jon L.: Second Supplemental Historic Resource Evaluation Report for the State Route 180 West Freeway Project, Brawley Avenue and Hughes - West Diagonal Y FR-02501 Binning, Jeanne: Historic Property Survey Report for Route 180 Planned Westside Expressway from I-5 to Valentine Ave, Fresno, Fresno County, California Y FR-02505 Leach-Palm, Laura, Rosenthal, Jeffrey, Byrd, Brian, Mikkelson, Pat, and Waechter, Sharon: Preliminary Assessment of the Archaeological Sensitivity for the Route 180 Westside Expressway Route Adoption Study Between Interstate 5 and the City of Fresno, Fresno County, California Interstate 5 PM 9.0 (KP 14.5) to 06-FRE-180 PM 54.2 (KP 87 Valentine Avenue) EA06-451400 Y FR-02506 Brady, Jon and Bunse, Rebecca: Historic Property Survey Report for the Dry Creek Canal, City of Fresno, California N Source: SSJVIC, 2019 The April 2019 records search identified 10 previously recorded historic period resources documented adjacent to the refined pipeline alignments, although none of these resources had been determined eligible for listing in the National Register of Historic Places. Table 2 below describes and summarizes these resources. No new resources were identified along the refined pipeline alignments. Five historic resources had been previously identified intersecting or adjacent to the original pipeline alignment: Fresno Water Tower (P-10-4277), the Fresno Brewery (P-10-4299), SHL #873 (Free Speech Fight Site), the Weber Avenue Overcrossing (P-10- 6032); and Belmont Avenue Subway (P-10-4513). The 2017 Addendum resulted in the removal of two of these from the project area (P-10-6032, the Weber Avenue Overcrossing; and P-10-4513, Belmont Avenue Subway), and resulted in the evaluation of the Houghton Canal that intersected that alignment. The canal was recommended ineligible due to a lack of significant associations. TABLE 2 RECORDED SITES IDENTIFIED WITHIN ½ MILE OF THE PROJECT SITE P# / Map ID Name / Description Eligibility Determination P-10-005021 Nishikawa Home, 63 South Brawley Avenue Fresno 93706 (APN 326-170-18) Ineligible as an individual resource in the NR P-10-005022 63 South Brawley Avenue Fresno 93706 (APN 326-170-18) Ineligible as an individual resource in the NR P-10-005023 Mortensen Residence, 3655 West Whites Bridge Road Fresno 93706 Ineligible as an individual resource in the NR P-10-005024 Bill's Bait and Tackle, 4032 West Whites Bridge Road Fresno 93706 (APN 326-080-11) Ineligible as an individual resource in the NR Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis 4 P-10-005025 Garoian Residence, 116 S. Valentine Fresno 93706 (APN 326-150- 05) Ineligible as an individual resource in the NR P-10-005026 139 South Valentine Avenue Fresno 93706 (APN 326-190-13) Ineligible as an individual resource in the NR P-10-006067 Map Reference No. 1; Ostergaard Property, 115 N. Brawley Avenue Fresno 93706 (APN 326-080-30) Ineligible as an individual resource in the NR P-10-006068 Map Reference No. 12; Dean Property, 111 N. Valentine Avenue Fresno 93706 (APN 326-190-05) Ineligible as an individual resource in the NR P-10-006069 Map Reference No. 14; La Verne Property, 186 N. Valentine Avenue Fresno 93706 (APN 326-150-03) Ineligible as an individual resource in the NR P-10-006070 Map Reference No. 15; Lewis Property, 156 N. Valentine Avenue Fresno 93706 (APN 326-150-04) Ineligible as an individual resource in the NR Source: SSJVIC, 2019 Note: NR – National Register of Historic Places Field Survey An ESA archaeologist conducted a pedestrian field survey of the refined pipeline alignments on April 17, 2019 and April 24, 2019. Attachment B includes the Cultural Resources Survey Form, including photographs and narrative description of conditions and survey methodology, completed by ESA archaeologist Mai Le. Results and Recommendations Neither archival review nor field survey identified any prehistoric or historic period resources within the additional pipeline alignment segments. Five historic resources had been previously identified intersecting or adjacent to the original pipeline alignment, although the previous addendum resulted in the removal of two of these (P-10-6032, the Weber Avenue Overcrossing; and P-10-4513, Belmont Avenue Subway) from the project area, along with the evaluation of the Houghton Canal (recommended ineligible due to a lack of significant associations). The current comprehensive alignment, including the proposed additional alignment, includes the remaining three historical resources identified in the original project as adjacent to the proposed comprehensive pipeline alignment, but no additional historical resources were identified during the current course of study. Figure 2 shows the locations of these remaining historical resources. ESA cultural resources specialists determined that the refined pipeline alignments would not result in direct or indirect impacts to these resources that would hinder their ability to convey their historic significance. Subsequently, construction of the refined pipeline alignments would result in no anticipated impacts to historical resources. Construction of the refined pipeline alignments are not anticipated to encounter subsurface resources, paleontological resources or human remains, but would be required to comply with Master Plan EIR Mitigation Measures 4.12.2b and 4.12.2c, Master Plan EIR Mitigation Measures 4.12.4a and 4.12.4b; and Master Plan EIR Mitigation Measure 4.12.3. In the unlikely event resources are discovered during construction, implementation of these mitigation measures would ensure that the proper procedures are followed should the unexpected discovery of subsurface resources, paleontological resources, or human remains occur. Therefore, the refined pipeline alignments would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis 5 Figures 180 180 41 99 99 Belmont Avenue CorneliaAvenueFresnoStreetVentura Avenue McKinley Avenue FruitAvenueJensen Avenue H Street Shields Avenue Madison Avenue Whitesbridge Avenue 180PumpStationSite Esri, Fresno Recycled Water Project . 130412Figure 1Original and Addendum Alignments SOURCE: USDA, 2016; ESRI, 2012; Blair, Church, and Flynn, 2019; ESA, 2019 0 5,000 Feet Current AlignmentRefined Alignment 180 180 41 99 99 Belmont Avenue CorneliaAvenueFresnoStreetVentura Avenu e McKinley Avenue FruitAvenueJensen Avenue H Street Shields Avenue P-10-4277 P-10-4299 SHL #873 Madison Avenue Whitesbridge Avenue Fresno Recycled Water Project . 130412Figure Cultural Resources within theOriginal and Addendum Alignments SOURCE: USDA, 2016; ESRI, 2012; Blair, Church, and Flynn, 2019; ESA, 2019 Current AlignmentRevised AlignmentResource within or adjacent tocurrent alignment 0 5,000 Feet 2 Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis 6 Attachment A. SSJVIC Records Search Letter 4/29/2019 Katherine Cleveland Environmental Science Associates 2600 Capitol Ave., Suite 200 Sacramento, CA 95816 Re: Fresno Recycled Water Pipeline Addendum (130412.01) Records Search File No.: 19-142 The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Fresno South USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.5 mile radius: As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ shapefiles Resources within project area: None Resources within 0.5 mile radius: P-10-005021, 005022, 005023, 005024, 005025, 005026, 006067, 006068, 006069, 006070 Reports within project area: FR-00249, 00250, 02232, 02501, 02505 Reports within 0.5 mile radius: FR-00194, 01847, 02506 Note: Report locations in the project radius were not plotted on the project map per the Data Request Form. Resource Database Printout (list): ☐ enclosed ☒ not requested ☐ nothing listed Resource Database Printout (details): ☐ enclosed ☒ not requested ☐ nothing listed Resource Digital Database Records: ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (list): ☐ enclosed ☒ not requested ☐ nothing listed Report Database Printout (details): ☐ enclosed ☒ not requested ☐ nothing listed Report Digital Database Records: ☒ enclosed ☐ not requested ☐ nothing listed Resource Record Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available Report Copies: ☒ enclosed ☐ not requested ☐ nothing listed ☐ not available OHP Historic Properties Directory: ☒ enclosed ☐ not requested ☐ nothing listed Archaeological Determinations of Eligibility: ☐ enclosed ☐ not requested ☒ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☐ not requested ☒ nothing listed Caltrans Bridge Survey: Not available at SSJVIC; please see http://www.dot.ca.gov/hq/structur/strmaint/historic.htm Ethnographic Information: Not available at SSJVIC Historical Literature: Not available at SSJVIC Historical Maps: Not available at SSJVIC; please see http://historicalmaps.arcgis.com/usgs/ Local Inventories: Not available at SSJVIC GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see http://www.slc.ca.gov/Info/Shipwrecks.html Soil Survey Maps: Not available at SSJVIC; please see http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office. Thank you for using the California Historical Resources Information System (CHRIS). Sincerely, Celeste M. Thomson Coordinator Recycled Water Distribution System, Southwest Quadrant Addendum #2 – Cultural Resources Analysis 7 Attachment B. Cultural Resources Survey Form CULTURAL RESOURCES SURVEY 04/17/2019, 04/24/2019 D130412.01 Task 1: Fresno Recycled Water Distribution Systems: Madison-Whitesbridge Addendum Mai Lee Mai Lee Heather Atherton Preparer Surveyor(s) Supervisor Survey Date Location/ Parcel Number Activities Observed Resources Encountered Comments 04/17/2019 ROW from intersection of Cornelia/Madison to 1.7 east Pedestrian Survey No cultural resources were encountered. Area is a paved road. Survey was focused in areas with exposed soil surfaces. Ground visibility is 0%. 04/17/2019 ROW from intersection of Madison/Valentine to intersection of Whitesbridge/Valentine Pedestrian Survey No cultural resources were encountered. Area is a paved road. Survey was focused in areas with exposed soil surfaces. Ground visibility is 0%. 04/17/2019 ROW from intersection of Hughes/ Whitesbridge to 1.1 miles west Pedestrian Survey No cultural resources were encountered. Area is a paved road and road shoulder. Survey was focused in areas with exposed soil surfaces. Ground visibility is 0% in road and 100% in road shoulder. 04/17/2019 ROW from intersection of Belmont/Brawley to 0.33 south Pedestrian Survey No cultural resources were encountered. Area is a paved road. Survey was focused in areas with exposed soil surfaces. Ground visibility is 0%. 04/24/2019 East of 0.33 miles south of intersection of Belmont/Brawley Pedestrian Survey No cultural resources were encountered. Survey area is a mostly paved road at a water retention facility. Overall ground visibility is moderate at 60%. Image 1: Overview of Madison Avenue from intersection of Madison and Cornelia Avenue, looking east. Image 2: Overview of Valentine Avenue from intersection of Valentine and Madison Avenue, looking north. Image 3: Overview of Whitesbridge Avenue from intersection of Whitesbridge and Hughes Avenue, looking west. Image 4: Overview of Brawley Avenue from intersection of Belmont and Brawley Avenue, looking south. Image 5: Overview of 0.33 miles east of Brawley Avenue showing east end of water retention facility, looking west. Appendix A. Cultural Resources Technical Memo Recycled Water Distribution System, Southwest Quadrant ESA / 130412.01 Addendum #2 May 2019 This page intentionally left blank Recycled Water Distribution System, Southwest Quadrant ESA / 130412.01 Addendum #2 May 2019 APPENDIX B Biological Resources Technical Memo May 3, 2019 Todd Gordon, ESA Project Manager Joseph Huang, Biologist Recycled Water Distribution System, Southwest Quadrant Addendum #2 Biological Resources Analysis This memorandum was prepared to document the background database research and analysis of biological resources for the City of Fresno Department of Utilities Recycled Water Distribution System, Southwest Quadrant Addendum #2, (proposed project). The following materials were prepared to support the analysis: a habitat map, a 250-foot buffer survey area map, and a one-half mile survey area map, followed by an analysis of the proposed project’s potential to impact sensitive biological resources. Methods Lists of special-status species with potential to occur in the project area region were reviewed. Sources consulted in the preparation of the list of target special-status species include the US Fish and Wildlife Service (USFWS) List of Federal Endangered and Threatened Species (USFWS, 2019), the CNDDB (CDFW, 2019), and the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants (CNPS, 2019). Installation of pipelines along the refined alignment had not been previously surveyed for biological resources. An Environmental Science Associates (ESA) biologist conducted a field reconnaissance survey of the refined alignment on April 18, 2019, which includes new sections of pipeline along West Madison Avenue, West Whitesbridge Avenue, and North Brawley Avenue. The survey identified no additional sensitive biological resources within the refined pipeline alignment. Conclusions Based on observations made during the biologist’s reconnaissance survey, the refined pipeline alignments mostly follow paved roads in rural residential, agricultural, or commercial and industrial areas. A limited number of ground squirrel (Otospermophilus beecheyi) burrows and burrow complexes were observed in a landscaped grass area in front of a commercial building along West Whitesbridge Avenue. These burrows may potentially provide habitat for special-status burrowing animals including western burrowing owl (Athene cunicularia) and San Joaquin kit fox (Vulpes macrotis mutica). No western burrowing owl or San Joaquin kit fox individuals or signs Recycled Water Distribution System, Southwest Quadrant Addendum #2 - Biological Resources Analysis 2 of their presence were observed at or around the burrow entrances. The biologist did not observe any burrows or California ground squirrel activity in the ruderal fields adjacent to the refined alignment, and no western burrowing owl or San Joaquin kit fox individuals were observed in those fields. If the species or active dens or burrows are present in the ruderal fields during installation, disturbance associated with these activities could temporarily result in elimination of areas essential for seasonal movement as well as harm to individuals if present during construction activities. Implementation of Master Plan EIR Mitigation Measures 4.5.2, 4.5.4a, and 4.5.4b would reduce potential impacts to burrowing owl and San Joaquin kit fox to a less than significant level by implementing preconstruction surveys, buffer zones around dens, worker education, and other measures as specified therein. Birds, including raptors, and bats have the potential to nest or roost within the trees along the refined alignment. An active red-tailed hawk (Buteo jamaicensis) nest was observed in a eucalyptus tree located approximately 1,200 feet north of the refined alignment along West Madison Avenue. That nest is far enough away that it would not be affected by installation activities associated with the refined pipeline alignments because nesting raptors often require a buffer of only up to a 500-foot radius. However, if passerine birds and raptors which are protected by the Migratory Bird Treaty Act are nesting close to the project’s vicinity, installation activities could cause nest abandonment or loss of reproductive potential. Other potential impacts to these species during project installation include the potential for harm to individual birds, if present, and the loss of suitable nesting and foraging habitat. Therefore, installation of pipelines along the refined alignments could have a potentially significant impact on nesting birds. Implementation of Master Plan EIR Mitigation Measure 4.5.2 would be required to reduce impacts to nesting birds to a less than significant level by completing preconstruction surveys, avoiding nesting birds, and establishing buffer zones as warranted; the buffer zone may vary depending on species and site specific conditions as approved by the California Department of Fish and Wildlife. Therefore, the refined project would not result in new significant impacts or a substantial increase in severity of impacts over those identified and evaluated in the Tiered MND and Master Plan EIR. West Branch Victoria Canal(subsurface)W Belmont Ave N Brawley Ave W N ielsen Ave W Franklin Ave N Rafael Ave Path: U:\GIS\GIS\Projects\13xxxx\D130412_FresnoRecycledWater\Fig1a_MadisonWhitesbridge_Habitat.mxd, FEP 5/6/2019Source: USDA, 2016; ESRI, 2012; Provost & Pritchard, 2019; ESA, 2019 Fresno Recycled Water Distribution System Figure 1aMadison-Whitesbridge SegmentsHabitat Map N 0 500 Feet Project Segment 250-foot Survey Area Canal Habitat Agricultural Basin Commercial/Industrial Road Ruderal Rural Residential School Dry Creek CanalTeilm an Ditch Mortensen Ditch Hawn Ditch 180 W Madison Ave W Whitesbridge Ave RTHA nest W Kearney Blvd S Marks Ave S Cornelia Ave N Marks Ave W N ielsen Ave N Cornelia Ave S Hughes Ave W K e arne y B lv d W M adison Ave W K earney B lvd S Hughes Ave S Brawley Ave W N i el s en Av e S Valentine Ave N Blythe Ave N Brawley Ave N Valentine Ave S Blythe Ave S Lafayette Ave Lone Pine Rd W Kearney Blvd Path: U:\GIS\GIS\Projects\13xxxx\D130412_FresnoRecycledWater\Fig1b_MadisonWhitesbridge_Habitat.mxd, FEP 5/6/2019Source: USDA, 2016; ESRI, 2012; Provost & Pritchard, 2019; ESA, 2019 Project Segment 250-foot Survey Area Canal Habitat Agricultural Basin Commercial/Industrial Road Ruderal Rural Residential School0900 Feet Fresno Recycled Water Distribution System Figure 1bMadison-Whitesbridge SegmentsHabitat Map N Dry Creek CanalHoughton Canal Fanning Ditch Te i l m a n D i t c h Mortensen Ditch Hawn Ditch East Branch Victoria CanalWest Branch Victoria Canal180 W Madison Ave W Whitesbridge Ave RTHA nest 5 burrows W Church Ave S Hughes Ave S Brawley Ave W California Ave S Valentine AveN Blythe AveW Dudley Ave N Brawley Ave St W Kearney Blvd S Blythe Ave N Hughes Ave W Nielsen Ave W Franklin Ave N Pleasant Ave St W Kearney Blvd Path: U:\GIS\GIS\Projects\13xxxx\D130412_FresnoRecycledWater\Fig1_Precon_MadisonWhitesbridge_250ft.mxd, FEP 4/22/2019Source: USDA, 2016; ESRI, 2012; Provost & Pritchard, 2019; ESA, 2019 Fresno Recycled Water Distribution System Figure 2 Madison-Whitesbridge SegmentsBiological Resources Survey Results N 0 2,000 Feet Project Segment 250-foot Survey Area Active nest Burrow Canal Jensen Avenue 99 Dry Creek CanalHoughton CanalFanning Ditch Teilman Ditch Mortensen Ditch Hawn Ditch East Branch Victoria CanalWest Branch Victoria Canal180 RTHA nest W Madison Ave W Whitesbridge AveN Brawley AveW Olive Ave W Jensen Ave W Belmont Ave S Marks Ave W Kearney Blvd N Cornelia Ave S Cornelia Ave N Marks Ave W Nielsen Ave W California Ave W Kearney Blvd Path: U:\GIS\GIS\Projects\13xxxx\D130412_FresnoRecycledWater\Fig2_Precon_MadisonWhitesbridge_halfmile.mxd, FEP 4/22/2019Source: USDA, 2016; ESRI, 2012; Provost & Pritchard, 2019; ESA, 2019 Fresno Recycled Water Distribution System Figure 3 Madison-Whitesbridge SegmentsBiological Resources Survey Results N 0 2,000 Feet Project Segment 250-foot Survey Area 0.5-mile Survey Area Active nest Canal Species Element Code Federal Status State Status Global Rank State Rank Rare Plant Rank/CDFW SSC or FP Agelaius tricolor tricolored blackbird ABPBXB0020 None Candidate Endangered G2G3 S1S2 SSC Ambystoma californiense California tiger salamander AAAAA01180 Threatened Threatened G2G3 S2S3 WL Anniella pulchra northern California legless lizard ARACC01020 None None G3 S3 SSC Antrozous pallidus pallid bat AMACC10010 None None G5 S3 SSC Ardea alba great egret ABNGA04040 None None G5 S4 Arizona elegans occidentalis California glossy snake ARADB01017 None None G5T2 S2 SSC Athene cunicularia burrowing owl ABNSB10010 None None G4 S3 SSC Bombus crotchii Crotch bumble bee IIHYM24480 None None G3G4 S1S2 Buteo swainsoni Swainson's hawk ABNKC19070 None Threatened G5 S3 Castilleja campestris var. succulenta succulent owl's-clover PDSCR0D3Z1 Threatened Endangered G4?T2T3 S2S3 1B.2 Caulanthus californicus California jewelflower PDBRA31010 Endangered Endangered G1 S1 1B.1 Desmocerus californicus dimorphus valley elderberry longhorn beetle IICOL48011 Threatened None G3T2 S2 Dipodomys nitratoides exilis Fresno kangaroo rat AMAFD03151 Endangered Endangered G3TH SH Efferia antiochi Antioch efferian robberfly IIDIP07010 None None G1G2 S1S2 Egretta thula snowy egret ABNGA06030 None None G5 S4 Eumops perotis californicus western mastiff bat AMACD02011 None None G5T4 S3S4 SSC Imperata brevifolia California satintail PMPOA3D020 None None G4 S3 2B.1 Lasiurus cinereus hoary bat AMACC05030 None None G5 S4 Leptosiphon serrulatus Madera leptosiphon PDPLM09130 None None G3 S3 1B.2 Quad<span style='color:Red'> IS </span>(Herndon (3611978)<span style='color:Red'> OR </span>Fresno South (3611967)<span style='color:Red'> OR </span>Fresno North (3611977)<span style='color:Red'> OR </span>Kearney Park (3611968)) Query Criteria: Report Printed on Wednesday, April 10, 2019 Page 1 of 2Commercial Version -- Dated March, 31 2019 -- Biogeographic Data Branch Information Expires 9/30/2019 Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database Species Element Code Federal Status State Status Global Rank State Rank Rare Plant Rank/CDFW SSC or FP Lytta molesta molestan blister beetle IICOL4C030 None None G2 S2 Metapogon hurdi Hurd's metapogon robberfly IIDIP08010 None None G1G2 S1S2 Northern Claypan Vernal Pool Northern Claypan Vernal Pool CTT44120CA None None G1 S1.1 Nycticorax nycticorax black-crowned night heron ABNGA11010 None None G5 S4 Orcuttia inaequalis San Joaquin Valley Orcutt grass PMPOA4G060 Threatened Endangered G1 S1 1B.1 Orcuttia pilosa hairy Orcutt grass PMPOA4G040 Endangered Endangered G1 S1 1B.1 Perognathus inornatus San Joaquin Pocket Mouse AMAFD01060 None None G2G3 S2S3 Phrynosoma blainvillii coast horned lizard ARACF12100 None None G3G4 S3S4 SSC Sagittaria sanfordii Sanford's arrowhead PMALI040Q0 None None G3 S3 1B.2 Spea hammondii western spadefoot AAABF02020 None None G3 S3 SSC Taxidea taxus American badger AMAJF04010 None None G5 S3 SSC Tropidocarpum capparideum caper-fruited tropidocarpum PDBRA2R010 None None G1 S1 1B.1 Vulpes macrotis mutica San Joaquin kit fox AMAJA03041 Endangered Threatened G4T2 S2 Record Count: 32 Report Printed on Wednesday, April 10, 2019 Page 2 of 2Commercial Version -- Dated March, 31 2019 -- Biogeographic Data Branch Information Expires 9/30/2019 Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database Query Summary: Quad IS (Herndon (3611978) OR Fresno South (3611967) OR Fresno North (3611977) OR Kearney Park (3611968)) CNDDB Element Query Results Scientific Name Common Name Taxonomic Group Element Code Total Occs Returned Occs Federal Status State Status Global Rank State Rank CA Rare Plant Rank Other Status Habitats Agelaius tricolor tricolored blackbird Birds ABPBXB0020 952 3 None Candidate Endangered G2G3 S1S2 null BLM_S- Sensitive, CDFW_SSC- Species of Special Concern, IUCN_EN- Endangered, NABCI_RWL- Red Watch List, USFWS_BCC- Birds of Conservation Concern Freshwater marsh, Marsh & swamp, Swamp, Wetland Ambystoma californiense California tiger salamander Amphibians AAAAA01180 1188 2 Threatened Threatened G2G3 S2S3 null CDFW_WL- Watch List, IUCN_VU- Vulnerable Cismontane woodland, Meadow & seep, Riparian woodland, Valley & foothill grassland, Vernal pool, Wetland Anniella pulchra northern California legless lizard Reptiles ARACC01020 375 1 None None G3 S3 null CDFW_SSC- Species of Special Concern, USFS_S- Sensitive Chaparral, Coastal dunes, Coastal scrub Antrozous pallidus pallid bat Mammals AMACC10010 416 1 None None G5 S3 null BLM_S- Sensitive, CDFW_SSC- Species of Special Concern, IUCN_LC- Least Concern, USFS_S- Sensitive, WBWG_H- High Priority Chaparral, Coastal scrub, Desert wash, Great Basin grassland, Great Basin scrub, Mojavean desert scrub, Riparian woodland, Sonoran desert scrub, Upper montane coniferous forest, Valley & foothill grassland Print View https://apps.wildlife.ca.gov/rarefind/view/QuickElementListView.html 1 of 5 4/10/2019, 11:40 AM Ardea alba great egret Birds ABNGA04040 43 1 None None G5 S4 null CDF_S- Sensitive, IUCN_LC- Least Concern Brackish marsh, Estuary, Freshwater marsh, Marsh & swamp, Riparian forest, Wetland Arizona elegans occidentalis California glossy snake Reptiles ARADB01017 260 1 None None G5T2 S2 null CDFW_SSC- Species of Special Concern null Athene cunicularia burrowing owl Birds ABNSB10010 1984 2 None None G4 S3 null BLM_S- Sensitive, CDFW_SSC- Species of Special Concern, IUCN_LC- Least Concern, USFWS_BCC- Birds of Conservation Concern Coastal prairie, Coastal scrub, Great Basin grassland, Great Basin scrub, Mojavean desert scrub, Sonoran desert scrub, Valley & foothill grassland Bombus crotchii Crotch bumble bee Insects IIHYM24480 234 1 None None G3G4 S1S2 null null null Buteo swainsoni Swainson's hawk Birds ABNKC19070 2473 2 None Threatened G5 S3 null BLM_S- Sensitive, IUCN_LC- Least Concern, USFWS_BCC- Birds of Conservation Concern Great Basin grassland, Riparian forest, Riparian woodland, Valley & foothill grassland Castilleja campestris var. succulenta succulent owl's-clover Dicots PDSCR0D3Z1 95 1 Threatened Endangered G4?T2T3 S2S3 1B.2 null Vernal pool, Wetland Caulanthus californicus California jewelflower Dicots PDBRA31010 63 1 Endangered Endangered G1 S1 1B.1 null Chenopod scrub, Pinon & juniper woodlands, Valley & foothill grassland Desmocerus californicus dimorphus valley elderberry longhorn beetle Insects IICOL48011 271 1 Threatened None G3T2 S2 null null Riparian scrub Dipodomys nitratoides exilis Fresno kangaroo rat Mammals AMAFD03151 12 2 Endangered Endangered G3TH SH null IUCN_VU- Vulnerable Chenopod scrub Efferia antiochi Antioch efferian robberfly Insects IIDIP07010 4 2 None None G1G2 S1S2 null null Interior dunes Egretta thula snowy egret Birds ABNGA06030 20 1 None None G5 S4 null IUCN_LC- Least Concern Marsh & swamp, Meadow & seep, Riparian forest, Riparian woodland, Wetland Print View https://apps.wildlife.ca.gov/rarefind/view/QuickElementListView.html 2 of 5 4/10/2019, 11:40 AM Eumops perotis californicus western mastiff bat Mammals AMACD02011 296 4 None None G5T4 S3S4 null BLM_S- Sensitive, CDFW_SSC- Species of Special Concern, WBWG_H- High Priority Chaparral, Cismontane woodland, Coastal scrub, Valley & foothill grassland Imperata brevifolia California satintail Monocots PMPOA3D020 32 1 None None G4 S3 2B.1 SB_SBBG- Santa Barbara Botanic Garden, USFS_S- Sensitive Chaparral, Coastal scrub, Meadow & seep, Mojavean desert scrub, Riparian scrub, Wetland Lasiurus cinereus hoary bat Mammals AMACC05030 238 1 None None G5 S4 null IUCN_LC- Least Concern, WBWG_M- Medium Priority Broadleaved upland forest, Cismontane woodland, Lower montane coniferous forest, North coast coniferous forest Leptosiphon serrulatus Madera leptosiphon Dicots PDPLM09130 27 1 None None G3 S3 1B.2 USFS_S- Sensitive Cismontane woodland, Lower montane coniferous forest Lytta molesta molestan blister beetle Insects IICOL4C030 17 2 None None G2 S2 null null Vernal pool, Wetland Metapogon hurdi Hurd's metapogon robberfly Insects IIDIP08010 3 1 None None G1G2 S1S2 null null Interior dunes Northern Claypan Vernal Pool Northern Claypan Vernal Pool Herbaceous CTT44120CA 21 1 None None G1 S1.1 null null Vernal pool, Wetland Nycticorax nycticorax black- crowned night heron Birds ABNGA11010 37 1 None None G5 S4 null IUCN_LC- Least Concern Marsh & swamp, Riparian forest, Riparian woodland, Wetland Orcuttia inaequalis San Joaquin Valley Orcutt grass Monocots PMPOA4G060 47 1 Threatened Endangered G1 S1 1B.1 null Vernal pool, Wetland Orcuttia pilosa hairy Orcutt grass Monocots PMPOA4G040 35 1 Endangered Endangered G1 S1 1B.1 null Vernal pool, Wetland Perognathus inornatus San Joaquin Pocket Mouse Mammals AMAFD01060 126 3 None None G2G3 S2S3 null BLM_S- Sensitive, IUCN_LC- Least Concern Cismontane woodland, Mojavean desert scrub, Valley & foothill grassland Phrynosoma blainvillii coast horned lizard Reptiles ARACF12100 775 1 None None G3G4 S3S4 null BLM_S- Sensitive, CDFW_SSC- Species of Special Concern, IUCN_LC- Least Concern Chaparral, Cismontane woodland, Coastal bluff scrub, Coastal scrub, Desert wash, Pinon Print View https://apps.wildlife.ca.gov/rarefind/view/QuickElementListView.html 3 of 5 4/10/2019, 11:40 AM & juniper woodlands, Riparian scrub, Riparian woodland, Valley & foothill grassland Sagittaria sanfordii Sanford's arrowhead Monocots PMALI040Q0 126 4 None None G3 S3 1B.2 BLM_S- Sensitive Marsh & swamp, Wetland Spea hammondii western spadefoot Amphibians AAABF02020 818 1 None None G3 S3 null BLM_S- Sensitive, CDFW_SSC- Species of Special Concern, IUCN_NT-Near Threatened Cismontane woodland, Coastal scrub, Valley & foothill grassland, Vernal pool, Wetland Taxidea taxus American badger Mammals AMAJF04010 588 1 None None G5 S3 null CDFW_SSC- Species of Special Concern, IUCN_LC- Least Concern Alkali marsh, Alkali playa, Alpine, Alpine dwarf scrub, Bog & fen, Brackish marsh, Broadleaved upland forest, Chaparral, Chenopod scrub, Cismontane woodland, Closed- cone coniferous forest, Coastal bluff scrub, Coastal dunes, Coastal prairie, Coastal scrub, Desert dunes, Desert wash, Freshwater marsh, Great Basin grassland, Great Basin scrub, Interior dunes, Ione formation, Joshua tree woodland, Limestone, Lower montane coniferous forest, Marsh & swamp, Meadow & seep, Mojavean desert scrub, Montane Print View https://apps.wildlife.ca.gov/rarefind/view/QuickElementListView.html 4 of 5 4/10/2019, 11:40 AM dwarf scrub, North coast coniferous forest, Oldgrowth, Pavement plain, Redwood, Riparian forest, Riparian scrub, Riparian woodland, Salt marsh, Sonoran desert scrub, Sonoran thorn woodland, Ultramafic, Upper montane coniferous forest, Upper Sonoran scrub, Valley & foothill grassland Tropidocarpum capparideum caper-fruited tropidocarpum Dicots PDBRA2R010 18 1 None None G1 S1 1B.1 SB_RSABG- Rancho Santa Ana Botanic Garden, USFS_S- Sensitive Valley & foothill grassland Vulpes macrotis mutica San Joaquin kit fox Mammals AMAJA03041 1017 1 Endangered Threatened G4T2 S2 null null Chenopod scrub, Valley & foothill grassland Print View https://apps.wildlife.ca.gov/rarefind/view/QuickElementListView.html 5 of 5 4/10/2019, 11:40 AM Search the Inventory Simple Search Information About the Inventory Contributors The Calflora Database Inventory of Rare and Endangered PlantsPlant List 13 matches found.Click on scientific name for details Search Criteria Found in Quads 3611978, 3611977, 3611976, 3611968, 3611967, 3611966, 3611958 3611957 and 3611956; Modify Search Criteria Export to Excel Modify Columns Modify Sort Display Photos Scientific Name Common Name Family Lifeform Blooming Period CA Rare Plant Rank State Rank Global Rank Atriplex minuscula lesser saltscale Chenopodiaceae annual herb May-Oct 1B.1 S2 G2 Castilleja campestris var. succulenta succulent owl's- clover Orobanchaceae annual herb (hemiparasitic) (Mar)Apr- May 1B.2 S2S3 G4?T2T3 Caulanthus californicus California jewelflower Brassicaceae annual herb Feb-May 1B.1 S1 G1 Eriastrum hooveri Hoover's eriastrum Polemoniaceae annual herb (Feb)Mar- Jul 4.2 S3 G3 Eriogonum nortonii Pinnacles buckwheat Polygonaceae annual herb (Apr)May- Aug(Sep)1B.3 S2 G2 Imperata brevifolia California satintail Poaceae perennial rhizomatous herb Sep-May 2B.1 S3 G4 Leptosiphon serrulatus Madera leptosiphon Polemoniaceae annual herb Apr-May 1B.2 S3 G3 Mielichhoferia shevockii Shevock's copper moss Mielichhoferiaceae moss 1B.2 S2 G2 Orcuttia inaequalis San Joaquin Valley Orcutt grass Poaceae annual herb Apr-Sep 1B.1 S1 G1 Orcuttia pilosa hairy Orcutt grass Poaceae annual herb May-Sep 1B.1 S1 G1 Sagittaria sanfordii Sanford's arrowhead Alismataceae perennial rhizomatous herb (emergent) May- Oct(Nov)1B.2 S3 G3 Tropidocarpum capparideum caper-fruited tropidocarpum Brassicaceae annual herb Mar-Apr 1B.1 S1 G1 Tuctoria greenei Greene's tuctoria Poaceae annual herb May- Jul(Sep)1B.1 S1 G1 Suggested Citation California Native Plant Society, Rare Plant Program. 2019. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39). Website http://www.rareplants.cnps.org [accessed 10 April 2019]. CNPS Inventory Results http://rareplants.cnps.org/result.html?adv=t&quad=3611978:3611977:36... 1 of 2 4/10/2019, 11:14 AM Advanced Search Glossary About the Rare Plant Program CNPS Home Page About CNPS Join CNPS The California Lichen Society California Natural Diversity Database The Jepson Flora Project The Consortium of California Herbaria CalPhotos Questions and Comments rareplants@cnps.org © Copyright 2010-2018 California Native Plant Society. All rights reserved. CNPS Inventory Results http://rareplants.cnps.org/result.html?adv=t&quad=3611978:3611977:36... 2 of 2 4/10/2019, 11:14 AM United States Department of the Interior FISH AND WILDLIFE SERVICE Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 Phone: (916) 414-6600 Fax: (916) 414-6713 In Reply Refer To: Consultation Code: 08ESMF00-2019-SLI-1633 Event Code: 08ESMF00-2019-E-05190 Project Name: Fresno Recycled Water Distribution System, Southwest Quadrant, Madison- Whitesbridge Segment Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, under the jurisdiction of the U.S. Fish and Wildlife Service (Service) that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the Service under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please follow the link below to see if your proposed project has the potential to affect other species or their habitats under the jurisdiction of the National Marine Fisheries Service: http://www.nwr.noaa.gov/protected_species/species_list/species_lists.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. April 10, 2019 04/10/2019 Event Code: 08ESMF00-2019-E-05190 2 The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. 04/10/2019 Event Code: 08ESMF00-2019-E-05190 3 Attachment(s): ▪Official Species List 04/10/2019 Event Code: 08ESMF00-2019-E-05190 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 (916) 414-6600 04/10/2019 Event Code: 08ESMF00-2019-E-05190 2 Project Summary Consultation Code:08ESMF00-2019-SLI-1633 Event Code:08ESMF00-2019-E-05190 Project Name:Fresno Recycled Water Distribution System, Southwest Quadrant, Madison-Whitesbridge Segment Project Type:WATER SUPPLY / DELIVERY Project Description:The City proposed to install recycled water distribution pipelines and construct a pump station in the City of Fresno’s Southwest Quadrant. The proposed distribution pipelines would convey tertiary treated recycled water from the Regional Water Reclamation Facility for urban reuse, groundwater recharge, and agricultural reuse as proposed as part of the City’s Recycled Water Master Plan. This segment of the project includes pipelines along N Brawley Ave, W Madison Ave, S Valentine Ave, and W Whitesbridge Ave. The project will begin sometime from 2019 to 2020. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/36.738985196038584N119.86224886002677W Counties:Fresno, CA 04/10/2019 Event Code: 08ESMF00-2019-E-05190 3 Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Fresno Kangaroo Rat Dipodomys nitratoides exilis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5150 Species survey guidelines: https://ecos.fws.gov/ipac/guideline/survey/population/37/office/11420.pdf Endangered San Joaquin Kit Fox Vulpes macrotis mutica No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2873 Endangered Reptiles NAME STATUS Blunt-nosed Leopard Lizard Gambelia silus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/625 Endangered Giant Garter Snake Thamnophis gigas No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4482 Threatened 1 04/10/2019 Event Code: 08ESMF00-2019-E-05190 4 Amphibians NAME STATUS California Red-legged Frog Rana draytonii There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/2891 Threatened California Tiger Salamander Ambystoma californiense Population: U.S.A. (Central CA DPS) There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/2076 Threatened Fishes NAME STATUS Delta Smelt Hypomesus transpacificus There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/321 Threatened Crustaceans NAME STATUS Vernal Pool Fairy Shrimp Branchinecta lynchi There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/498 Threatened Flowering Plants NAME STATUS Fleshy Owl's-clover Castilleja campestris ssp. succulenta There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8095 Threatened San Joaquin Orcutt Grass Orcuttia inaequalis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5506 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Appendix B. Biological Resources Technical Memo Recycled Water Distribution System, Southwest Quadrant ESA / 130412.01 Addendum #2 May 2019 This page intentionally left blank K:\FORMS\EVALUATIONFORM FISCAL IMPACT STATEMENT PROGRAM: Madison-Whitesbridge Recycled Water Main Fund: 40501, Org: 414501, Proj. ID: TC00096, Activity: 4CCNT, Res Type: J5698, Account: 57507 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $3,854,224.00 Indirect Cost* _ $280,000.00 TOTAL COST $4,134,224.00 Additional Revenue or Savings Generated $0.00 Net City Cost $4,134,224.00 Amount Budgeted (If none budgeted, identify source) $5,377,000.00 *Indirect Cost Inspection $200,000.00 Administration _$35,000.00 Contract Compliance _$20,000.00 Other _$25,000.00 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1801 Agenda Date:6/13/2019 Agenda #:3-I REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BRIAN SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:CHARLES MASTERS, Engineer II Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to Sewer Rehabilitation in the Vicinity of North Fresno Street and East Shields Avenue (Bid File 3646) (Council District 7): 1.Adopt a finding of Categorical Exemption pursuant to Class 1,Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Emmett’s Excavation, Inc., in the amount of $1,212,543 3.Authorize the Director of Public Utilities,or designee,to sign the contract on behalf of the City of Fresno RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities)of the California Environmental Quality Act (CEQA)Guidelines for Sewer Rehabilitation in the Vicinity of North Fresno Street and East Shields Avenue (Project);award a construction contract to Emmett’s Excavation,Inc.,in the amount of $1,212,543;and authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno (City). EXECUTIVE SUMMARY After a detailed analysis of the wastewater collection system,the Wastewater Collection Sewer Master Plan identified sewer pipes and appurtenances in need of rehabilitation and replacement. The scope of work for the Project will correct sewer system structural deficiencies in the vicinity of North Fresno Street and East Shields Avenue.The Department of Public Utilities,Wastewater City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1801 Agenda Date:6/13/2019 Agenda #:3-I North Fresno Street and East Shields Avenue.The Department of Public Utilities,Wastewater Management Division,is seeking to award a construction contract for the Project in the amount of $1,212,543 to Emmett’s Excavation, Inc. BACKGROUND The 2015 Wastewater Collection System Master Plan incorporated inspections of the City’s sewer system.The goal of these inspections was to evaluate the structural and capacity handling capability of all the downtown sewer pipes.Through this investigation,various sections of these sewer pipes were found to have structural deficiencies such as cracks and voids,some are past the design useful life and other pipes are undersized per the current City standard design requirements. The ages of the pipes in the Project area range from 1950 to 1980.The typical design life of a sewer pipe is 50 to 75 years.The advanced age and structural deficiencies discovered in these areas require that certain sections of the sewer pipes be rehabilitated. The Project consists of the rehabilitation of sewer mains by means of Cured in Place Pipe (CIPP) liner installation in the following locations:6-inch diameter sewer main in North Effie Street between East Dakota Avenue and East Fedora Avenue;6-inch diameter sewer main in East Fedora Avenue between North Mariposa Street and North Callisch Street;6-inch diameter sewer main in East Andrews Avenue between North Mariposa Street and North Orchard Street;6-inch diameter sewer main in North Orchard Street between East Andrews Avenue and East Dayton Avenue;12-inch and 15-inch diameter sewer mains in East Shields Avenue Frontage Road between North First Street and California State Route 41 overpass;as well as rehabilitation of the 6-inch diameter sewer main in East Dakota Avenue in intersection with North Fresno Street by means of full length removal and replacement.Additionally,localized point repairs will take place in areas of severe damage at various locations along these sewer mains.Sewer rehabilitation was proposed where capacity deficiencies, structural deficiencies, and advanced age of pipe were identified. Plans and specifications were prepared for this Project.A Notice Inviting Bids was published on April 12,2019,and posted on the City’s Planet Bids website.The specifications were distributed to nine prospective bidders and faxed to eleven Builder Exchanges.Two sealed bid proposals were received and publicly opened on May 7,2019.The bid proposals were $1,212,543 and $1,685,191. The bid will expire within 64 days of bid opening, on July 10, 2019. Emmett’s Excavation,Inc.,was found to be the lowest responsive and responsible bidder with a bid amount of $1,212,543.The staff determination was posted on the City’s Planet Bids website on May 20,2019.Staff recommends that City Council award a construction contract to Emmett’s Excavation, Inc.,in the amount of $1,212,543.Their bid price is 4.62%above the Engineers Estimate of $1,159,000. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment for this Project and has determined that it falls within Categorical Exemption pursuant to Class 1,Section 15301 (Existing Facilities)of the CEQA Guidelines,because this contract involves normal operation and maintenance of existing public sewer facilities.Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1801 Agenda Date:6/13/2019 Agenda #:3-I LOCAL PREFERENCE Local preference was not implemented because the lowest responsive and responsible bidder is a local business. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Council District 7.This Project is identified in the Wastewater Management Division’s five-year Capital Improvement Plan and sufficient funds for the project are budgeted in the Fiscal Year 2019 Sewer Enterprise Fund 40501. Attachments: Attachment 1 - Bid Evaluation and Fiscal Impact Statement Attachment 2 - Sample Contract Attachment 3 - Vicinity Map City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ K:\FORMS\EVALUATIONFORM FISCAL IMPACT STATEMENT PROGRAM: Sewer Rehabilitation Improvements in the Vicinity of North Fresno Street and East Shields Avenue Fund: 40501 Org: 413501 Project ID: RC00167 Activity: 4CCNT Res Type: J5722 Account: 57507 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $1,212,543.00 Indirect Cost* $ 324,000.00 TOTAL COST $1,536,543.00 Additional Revenue or Savings Generated 0.00 Net City Cost $1,536,543.00 Amount Budgeted (If none budgeted, identify source) $1,671,200.00 *Indirect Cost Inspection $ 78,000.00 Administration $ 11,000.00 Contract Compliance $ 5,000.00 Other $230,000.00 DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 03-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker ’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev. 03-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contrac tor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] DPW NOFED DIV I.pdf 1.20 rev. 03-18 Job of File No._____________________________________________ Name or Title of Job.________________________________________ Department No.____________________________________________ FAIR EMPLOYMENT PRACTICES COMPLIANCE REPORT 1. Name and Address of Contractor PRIME [ ] SUB [ ] Yes No 2. Have you established a company-wide employment policy to assure that equal employment opportunity is given to all persons without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law? 3. Have you notified all supervisors, foreman and other personnel officers in writing of the contents of the anti-discrimination clause and their responsibilities under it? 4. Have notices setting forth the provisions of the Fair Employment Practice Section used in City of Fresno Contracts been posted in conspicuous places available to employees and applicants for employment on this Project? 5. Have each of the Company’s employee referrals including unions, employment agencies, advertisements, Department of Employment, etc., been notified of the contents of the anti-discrimination clause? 5a. Has this been done in writing? 6. Has each employee referral advised the Company that it will refer all qualified applicants for employment to the Company without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law? 7. Has a collective bargaining agreement or other contract or understanding been made with a labor union (or unions) which covers the performance of any work or supplying of any materials under this Contract? 7a. Do you operate under an Association Master Labor Agreement? If your answer is “yes”, state the name of the Association. Are copies of those agreements on file with the City? [ ] Yes [ ] No With whom? ____________________________ 7b. If you do not operate under an Association Master Labor Agreement then indicate what steps you have taken to attempt to develop an agreement which will: (1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. (2) Otherwise implement an affirmative anti-discrimination program in terms of the unions’ specific area of skill and geography, to the end that qualified minority workers will be available and given an equal opportunity for employment. In addition, if you have reached such an agreement, attach a copy of the provisions thereof which bear on (1) and (2) above. 8. Have you encountered any opposition to the anti-discrimination clause by individuals, firms or organizations? If your answer to No. 8 is “Yes”, identify the individual, firm or organization and briefly describe the nature of the opposition. 9. Check principal sources DEPT OF EMP. EMP. AGENCIES DIRECT HIRING UNION OTHER for employee referrals. 15. Const. Workers______________________________________________________________________________________________ b. Other Workers_______________________________________________________________________________________________ 10. The following person or persons are responsible for determining whom to hire or whether or not to hire workers on this particular Project: QUESTIONS 11 THROUGH 13 TO BE FILLED OUT BY PRIME CONTRACTOR ONLY: 11. Have you awarded any subcontracts for work covered by your Contract? 12. Have the anti-discrimination provisions been included in each of said subcontracts? 13. Have all such Subcontractors been instructed to file compliance reports and have they been furnished with report forms? 14. Dated this day of , 20_ , at________________________________________________________ (City and State) 15. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.________________________________________________________ (Contractor) DPW NOFED DIV I.pdf 1.21 rev. 03-18 FAIR EMPLOYMENT PRACTICES COMPLIANCE REPORT (continued) INSTRUCTIONS TO CONTRACTORS This Compliance Report is required by the Fair Employment Practices provisions of City of Fresno Contracts for the supplying of work, materials, or both. This report is to be completed in its entirety for each prime Contract and all first tier subcontracts. The reports shall be submitted to the City after award of the Contract and prior to Notice to Proceed. Additional sheets of paper may be attached if necessary to submit explanations or further information. If the answers to any of the questions indicate non-compliance with the anti-discrimination provision of the Contract, a brief explanation of such answer must accompany the report. It shall be the further responsibility of the Contractor to keep the information contained in the compliance report current and should there be changes in the Contractor’s agreements with employee referrals, including unions or in the individuals responsible for hiring, etc., which would change the answers submitted by the Contractor in his or her original questionnaire, the Contractor should file a supplementary report containing revised answers to the applicable questions. Such changes from the original report are to be submitted in duplicate. Upon completion of the Contract the Contractor must submit a final statement of compliance including statements that the original compliance report was submitted, that any changes in the original report were reported, and that the requirements of the Fair Employment Practices section were complied with during the Contract. If such a statement cannot be submitted in its entirety, a statement along the same lines with the exceptions noted must be submitted. The City may require submission of additional information or reports on compliance at any time. FINAL STATEMENT OF FAIR EMPLOYMENT PRACTICES COMPLIANCE Name of Job or Contract The undersigned is responsible to see that the Contractor has complied with the Fair Employment Practices section of the City of Fresno Contract indicated above. The original compliance report was submitted and no changes or additions to the original report became known to the Contractor or the undersigned except as noted below. The Contractor, in performance of the Contract, to the best of my knowledge, complied with said section of the Contract, except as noted below. Dated this day of , 20 , at City and State Changes or additions to the original compliance report City By Title Deviations from compliance Contractor By Title DPW NOFED DIV I.pdf 1.22 rev. 03-18 CITY OF FRESNO PAYMENT BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That [NAME OF CONTRACTOR] as Principal (the Principal) and _______________________________________________________ as Surety (the Suretyc) are held and firmly bound onto the City of Fresno (the Obligee) in the just and full sum of $[DOLLAR AMOUNT] lawful money of the United States of America (said sum being equal to 100% of the estimated amount payable by the terms of the hereinafter described contract), for the payment of which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Principal has been awarded a contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written contract therefor (insert brief description of work of improvement): [TITLE AND WORK] (Bid File No. [BID FILE NO.]) [ALTERNATES (if any)] NOW, THEREFORE, if the Principal or subcontractors of the Principal shall fail to pay any of the persons named in the Section 9100 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813, or 1815 of the Labor Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to the work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the Obligee in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. The benefit of this bond shall inure to any of the persons named in Section 9100 of the Civil Code so as to give the right of action to those persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. No extension of time granted to the Principal and no change, alteration or addition in any of the terms of the contract or any of the contract documents or the work to be performed thereunder, whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, alteration or addition. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. In witness whereof, this instrument has been duly executed by the Principal and the Surety above named, on the day of , 20 . [NAME OF CONTRACTOR] PRINCIPAL SURETY No signature of City Attorney required. APPROVED: Standard Document #DPW-S 32.0 has been used City Manager, or designee without modification, as certified by the undersigned. By: By: ____________________________________________ Title: Title: ___________________________________________ Department of Public Works Date: __________________________________________ DPW-S 32.0/03-2017 DPW NOFED DIV I.pdf 1.23 rev. 03-18 CITY OF FRESNO PERFORMANCE BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That [NAME OF CONTRACTOR] as Principal (the Principal) and _______________________________________________________ as Surety (the Surety) are held and firmly bound onto the City of Fresno (the Obligee) in the just and full sum of $[DOLLAR AMOUNT] lawful money of the United States of America (said sum being equal to 100% of the estimated amount payable by the terms of the hereinafter described contract), for the payment of which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Principal has been awarded a contract for the following described work of improvement and is required by the Obligee to give this bond in connection with the execution of the written contract therefor (insert brief description of work of improvement): [TITLE AND WORK] (Bid File No. [BID FILE NO.]) [ALTERNATES (if any)] NOW, THEREFORE, if the Principal shall well and truly do and perform each and all of the covenants, conditions, and agreements of said contract on the Principal’s part to be done and performed, and any and all alterations thereof made as therein provided, at the time and in the manner therein specified, and shall indemnify and save harmless the Obligee, its officers, officials, agents, employees and volunteers, as therein stipulated, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by Obligee in successfully enforcing such obliga tion, all to be taxed as costs and included in any judgment rendered. No extension of time granted to the Principal and no change, alteration or addition in any of the terms of the contract or any of the contract documents or the work to be performed thereunder, whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, alteration or addition. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. In witness whereof, this instrument has been duly executed by the Principal and the Surety above named, on the day of , 20 . [NAME OF CONTRACTOR] PRINCIPAL SURETY No signature of City Attorney required. APPROVED: Standard Document #DPW-S 22.0 has been used City Manager, or designee without modification, as certified by the undersigned. By: By: ____________________________________________ Title: Title: ___________________________________________ Department of Public Works Date: __________________________________________ DPW-S 22.0/03-2017 VICINITY MAP SEWER REHABILITATION IMPROVEMENTS IN THE VICINITY OF NORTH FRESNO STREET AND EAST SHIELDS AVENUEE. DAKOTA AVENUENOT TO SCALE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1811 Agenda Date:6/13/2019 Agenda #:3-J REPORT TO THE CITY COUNCIL June 13, 2019 FROM:JEFF CARDELL, Director Personnel Services Department BY:MICHAEL PAYNE, Risk Manager Personnel Services Department SUBJECT ***RESOLUTION -Approving the reallocation of $3,000,000 from the Liability Self-Insurance Fund Contingency to fund refunds and claims (Subject to Mayor’s Veto) RECOMMENDATION It is recommended that Council approve the attached Resolution which authorizes the reallocation of $3,000,000 from the Liability Self-Insurance Fund Contingency/Reserve account to the Refunds and Claims account to meet anticipated obligations through June 30, 2019. EXECUTIVE SUMMARY The Self-Insurance Fund,which provides the resources to pay claims and claims related expenses, includes a Contingency/Reserve which is typically utilized near the end of the fiscal year to allocate sufficient resources to pay claims and related expenses.The FY 2020 budget assumes this transfer and is built to replenish the Self-Insurance Retention (SIR) to the required $3,000,000. BACKGROUND The authorized FY 2019 appropriations in the Liability Self-Insurance fund total $10,081,800.This includes personnel,operations and maintenance expenses,interdepartmental charges,insurance claims and refunds,and a contingency reserve of $3,000,000.The contingency reserve is budgeted in the event the actual claims expenses associated are greater than the amount anticipated.Per previous Council preference,any transfer of contingency amounts to operating accounts is brought before Council for approval. The refunds and claims appropriation of $5,336,700 for this fiscal year is less than what is required to cover expenses both already paid and projected to be paid through the end of the fiscal year.The majority of these expenditures have been approved by Council as part of settlement agreements made in connection with litigation.Per the authority granted under Part II,Section 3 of the Annual City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1811 Agenda Date:6/13/2019 Agenda #:3-J made in connection with litigation.Per the authority granted under Part II,Section 3 of the Annual Appropriations Resolution (Resolution #2018-157),staff has continued to pay claims expenses until such time that this resolution could be adopted. The FY 2020 budget assumes the use of these funds and includes charges to replenish the contingency reserve at $3,000,000.Any contingency reserve funds not expended by June 30,2019 will be carried over into the Liability Self-Insurance Fund’s beginning balance,minimizing the amount of funds required to be replenished. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (“CEQA”)Guidelines Section 15378, this item does not qualify as a “project” and is, therefore, exempt from CEQA requirements. LOCAL PREFERENCE This item does not involve public contracting, therefore, local preference is not implicated. FISCAL IMPACT This item does not increase expenditure authority or appropriations.It is a reallocation of contingency appropriations to allow for payment of claims and associated expenses through June 30, 2019.Any amount not used for refunds,claims,or legal expenses will be included in the carry over balance in the Liability Self-Insurance Fund for FY 2020. Attachment: Resolution City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1751 Agenda Date:6/13/2019 Agenda #:4-A REPORT TO THE CITY COUNCIL June 13, 2019 FROM:MIGUEL ANGEL ARIAS, Vice President City Council Offices SUBJECT Discussion of Parks & Public Safety Subcommittee: 1. Announce creation of an ad hoc Council subcommittee to work with Mayor and make recommendations on a potential ballot item for parks and public safety; subcommittee will report back to the full Council within 90 days; 2. Announce appointments of Vice President Arias, Councilmember Soria, and Councilmember Chavez as the committee members. RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment: City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1769 Agenda Date:6/13/2019 Agenda #:4-B REPORT TO THE CITY COUNCIL DATE:June 13, 2019 FROM:COUNCIL VICE PRESIDENT, ARIAS Council District 3 BY:YVONNE SPENCE, City Clerk Office of the City Clerk SUBJECT ***RESOLUTION - Amending the “Council Residency Act” and renaming it the “Council and Mayor Residency Act”. (Subject to Mayor’s veto) RECOMMENDATION Approve amended resolution EXECUTIVE SUMMARY The Residency Act was amended to include residency requirements for the Mayor, and to clarify the minimum acceptable documents for verifying residency. BACKGROUND The City Attorney has reviewed and approved to form. These changes will allow staff in the City Clerk’s Office to process candidates and incumbent elected official’s residency in a fair and equitable manner. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1769 Agenda Date:6/13/2019 Agenda #:4-B N/A Attachment:Resolution Amended Residency Act City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ 1 of 2Date Adopted:Date Approved:Effective Date:City Attorney Approval: ______Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE “COUNCIL RESIDENCY ACT” AND RENAMING IT THE “COUNCIL AND MAYOR RESIDENCY ACT”. WHEREAS, the Council for the City of Fresno adopted the Council Residency Act on September 16, 2010, in Resolution No. 2010-197; and WHEREAS, the Council for the City of Fresno amended the Council Residency Act on February 27, 2012, in Resolution No. 2012-75; and WHEREAS, the Council for the City of Fresno amended the Council Residency Act on October 18, 2017, in Resolution No. 2017-282; and WHEREAS, the Council desires to amend the Council Residency Act to become the Council and Mayor Residency Act and make other changes as shown in the attached Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno that Resolution No. 2017-282 amending the Council Residency Act is hereby further amended and replaced in its entirety by the Council and Mayor Residency Act attached hereto. * * * * * * * * * * * * * * 2 of 2 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 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC CRM City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Laurie Avedisian-Favini Date Assistant City Attorney Attachment: Exhibit A Page 1 of7 CITY OF FRESNO COUNCIL AND MAYOR RESIDENCYACT June 13, 2019 The following policies are enacted to help ensure that candidates for Mayor and City Council, and incumbents reside in the district they will or do represent, or the City in the case of the Mayor. Page 2 of7 ARTICLE I DEFINITIONS At Large Municipal Elections In at-large elections, all voters can vote for all seats up for election. At-large elections allow a simple majority of the voters to elect all of the seats in a local election. This can result in disenfranchisement of the local electorate and elected bodies not in compliance with applicable law. Prior to 1981, City Council seats in Fresno were contested in at large elections. City "City" means the City of Fresno, a municipal corporation. District Municipal Elections A jurisdiction is divided into districts and one member is elected per district. Only the voters in a specific City Council district may vote for City Council candidates in that district. Fresno City Charter Section 304 This Charter Section provides that no person shall be eligible to hold an elective office unless that person is, and has been for a period of at least 30 days immediately preceding the filing of nomination papers for such office or appointment of such office, a resident of the City, and has been at the time of assuming such office, an elector of the City. Fresno City Charter Section 304.1 City of Fresno Charter Section 304.1 took effect on all municipal elections after 1981. It provides that no person shall be eligible to hold elective office as a Councilmember unless that person is, and has been for a period of at least thirty days immediately preceding the filing of nomination papers for such office or appointment to such office, a resident within the Council district corresponding in number to the office to which that person is elected or appointed. Municipal Ordinance A Municipal Ordinance is a law of local application. Local ordinances are adopted by the City Council and enforced by the City Manager and staff of local government. Voting Rights Act of 1965 The National Voting Rights Act of 1965 outlawed discriminatory voting practices for the widespread disenfranchisement of minorities in the United States. The Act established extensive federal oversight of elections administration, providing that states and local governments with a history of discriminatory voting practices could not implement any change affecting voting without first obtaining the approval of the Department of Justice, a process known as preclearance. Page 3 of7 ARTICLE II PURPOSE OF ACT Prior to 1981, there was a concern that some citizens of Fresno did not have a Councilmember to properly represent their district. There was also a potential violation of the Voting Rights Act of 1965 and subsequent election laws governing citizen representation. This issue was finally decided by the voters in a ballot issue. On May 31, 1977, the voters of Fresno amended Charter Section 304 to require that persons running for City municipal elections must live in the City for a period of at least 30 days immediately preceding the filing of nomination papers for City offices and live in the City at the time of assuming office. The voters of Fresno also added Charter Section 304.1 to require that persons running for City Council seats must reside in the district at the time the nomination papers are filed for such office or appointment. It further provided that each Councilmember shall, during the Councilmember's term, reside within such Council district. This was strictly a residency requirement and elections continued to be held at large. On June 3, 1980, the voters amended Charter Section 304.1 to provide that each Councilmember must reside in, and be elected from the district corresponding in number to his/her office. Thus, only the electors from the district could vote for the Councilmember within such district. Candidates please take note, if all of the requirements of this Act are not timely and fully met, the City Clerk shall not allow the candidate’s name to appear on the ballot. Objectives of Act: 1. To provide stricter and more detailed criteria for establishing a Council candidate’s residency in the Council district, and to provide detailed criteria for establishing a Mayoral candidate’s residency in the City. Developing structured, objective criteria will help ensure proof of district residency for Council and City residency for Mayoralcandidates. 2. To provide stricter and more detailed criteria for establishing current Councilmembers' residency in the districts they represent during their term in office. Developing structured, objective criteria will help ensure proof of district residency during the entire term of a Councilmember. 3. To protect the interests of all Fresno citizens and ensure proper representation by developing policies that will help ensure that the Councilmembers truly reside in the district they represent, and within the City limits in the case of the Mayor. 4. Adopt enabling legislation via a municipal resolution to establish necessary policies. Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 304.1 can be implemented as Fresno voters intended when they passed the ballot measure 30 years ago. Page 4 of7 ARTICLE Ill ADVANTAGES OF DISTRICT REPRESENTATION There are compelling reasons for establishing district representation. The Voter Rights Act of 1965 was the legislative vehicle for eliminating discriminatory voting qualifications, standards, practices, and procedures. The advantages of district elections include: 1. Itencourages personal campaigns; 2. Itencourages attention to neighborhood concerns; 3. It is easier for new candidates towin; 4. There is a lower cost of campaigning; and 5. Itenhances descriptive representation and shared policyviews and ideology. Candidates not in compliance with the residency requirements of Charter Section 304.1 undermine the legal principles of representative local elections and raise questions regarding a local election's compliance with applicable law. ARTICLE IV RESIDENCY REQUIREMENTS FOR COUNCIL AND MAYORAL CANDIDATES In addition to providing the Fresno County Clerk proof of voter registration in the district residence claimed for running for a City Council seat, or in the City if running for Mayor. In addition, a candidate must provide the following information to the Fresno City Clerk to demonstrate the candidate resided at the specified address at least 30 days prior to filing nomination papers: 1.Proof of home ownership as evidenced by: 1) a copy of a grant deed, a mortgage payment billing statement verifying the address; or any other document that can verify home ownership and residency of the property; and 2) evidence of a homeowner’s property tax exemption filed with the Fresno County Assessor for proof that the home is the primary residence. If candidates do not have a tax exemption on file they must submit an affidavit signed by the candidate verifying that the home is the candidate’s primary residence; or If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership,or corporation, the candidate must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as his or her primary residence; or If the residence is rented or leased by the candidate, the candidate will provide proof of residency by providing a signed copy of a current and legally enforceable lease or rental agreement. If the lease or rental agreement expiration date is less than 90 days from the date of filing nomination papers, the candidate shall provide a letter from the property manager or property owner verifying that the candidate iscontinuing on a month-to-month basis; or If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, Page 5 of7 candidate must have landlord or property owner sign an affidavit, under penalty of perjury, verifying candidate's residency in landlord’s or property owner's property; and 2. Proof of motor vehicle registration, if any motor vehicles are registered to the candidate for the residency claimed, or proof of a valid California driver's license or State of California issued identification card showing the address matches the address shown on the candidate’s nomination papers. If a candidate does not own an automobile or does not have a California driver's license or State issued identification card, or if the address on the vehicle registration, driver’s license, or identification card does not match the address on the candidate’s nomination papers, the candidate must update the address and show proof of the change on at least one of the documents described in this paragraph. If the residence address on the driver’s license, identification card or auto registration is in the process of being changed, the candidate must provide a document from the California Department of Motor Vehicles (DMV14 form) verifying the change is in process.; and 3.A PG&E bill or Fresno City Utility bill in the candidate's name on the company’s letterhead showing that the service address is consistent with the address in candidate's nomination papers. In the event a PG&E and/or Fresno City Utility bill has not been generated, a letter from an authorized representative of the utility provider on the company’s letterhead stating that an account exists and has been active for a period of at least 30 days in the candidate's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the PG&E bill and/or the Fresno Utility bill, the candidate must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative verifying that the landlord or other legal entity, is responsible for paying the PG&E bill and/or the Fresno City Utilitybill. 4. The candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney under penalty of perjury, verifying residency. Failure to provide any of the above-required documents on or before the closing date to file nomination papers will disqualify a candidate from meeting the Charter Section 304 or 304.1 residency requirement. Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify candidates and constitute a misdemeanor Charter violation in addition to any other legal remedy available to enforce a similar fraudulent act. ARTICLE V VERIFYING RESIDENCY AND CERTIFICATION FOR COUNCIL AND MAYORAL CANDIDATES No earlier than the initial filing date for documents related to a candidate running for a City Council seat or for the office of Mayor, and no later than the closing date to file nomination papers, candidates are required to file all of the documents specified in Article IV above with the Fresno City Clerk's office for verification. The City Clerk will Page 6 of7 review and verify that all required information is correct and meets the requirements of this Act. The City Clerk will diligently work to review and verify all residency documents submitted. No later than five calendar days from receipt of the candidate's documents, the City Clerk's office shall complete the review and verification of the documents. The City Clerk will then do one of the following: 1. If all City residency requirements are satisfied pursuant to this Act, the City Clerk's office will provide a letter to the Fresno County Clerk's office and to the candidate certifying that the candidate has met the City's residency requirements; or 2. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk's office will provide a letter to the candidate showing the specific deficiencies or missing document(s). The candidate will have until the closing date to file nomination papers to correct the deficiencies and re-submit the required documents for verification to the City Clerk; or 3. If the candidate either fails to complete verification of all of the requirements of this Act within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Act, the City Clerk's office will provide a letter to the candidate advising him or her of the failure to meet the requirements of the Act and shall not certify to the County Clerk the candidate has met the residency requirements, and the candidate shall not appear on the ballot; or 4. If the re-submitted documents by the candidate meet all requirements of this Act, the City Clerk's office will certify the Act's residency requirements have been met and provide a letter to the Fresno County Clerk's office and to the candidate. ARTICLE VI VERIFYING RESIDENCY FOR INCUMBENTS Councilmembers are required to live in the district they represent during the entire term in office, and the Mayor is required to live in the City limits during the entire term in office. To insure that incumbents continue to live in the district/City they represent, each incumbent must submit the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), at the end of each year in office: 1.In the event that an incumbent moved to a new residence in the district/City after the filing of the previous affidavit, the incumbent must confirm the new address, within 60 days of moving, by providing the documents listed in items 1 through 5 under Article IV,to the City Clerk. 2.Incumbents who have not relocated since the information required by this Article was last provided may comply with this Article by supplying a copy of a current driver's license or California State issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. Page 7 of7 Failure to provide any of the above-required documents on or before the end of the year shall disqualify an incumbent from meeting the Charter Section 304 or 304.1 residency requirement. Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify a Councilmember or Mayor and constitute a misdemeanor Charter violation in addition to any other legal remedy available to enforce a similar fraudulent act. ARTICLE VII INVESTIGATION AND ENFORCEMENT Any fraudulent residency complaints shall be submitted to the City Attorney. The City Attorney will refer all complaints to the Fresno County District Attorney. The Fresno County District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute. ARTICLE VIII TRANSPARENCY The City Clerk shall post the names and corresponding office sought, of all candidates that have been certified to meet the residency requirements of this Act on the City's website. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the Public Records Act. After the General Election the list shall be removed from the City website. A PDF copy of this Act shall be available, year round, at the City’s website and a hard copy shall be available to be picked up at the City Clerk’s Office during normal business hours. This will enable prospective candidates to review residency requirements pursuant to this Act. ARTICLE IX ONE YEAR REVIEW One year from the adoption of this Amended Act, the Council shall, at a regularly scheduled meeting, review the implementation and practice of this Act and, if necessary, amend the Act to reflect required changes. ARTICLE X EFFECTIVE DATE This amended resolution shall take effect upon final passage. This Act, along with any subsequent amendments, shall be the Council and Mayor Residency Act of the City of Fresno. Council Residency Act Amended __-__-19 Page 1 of 7 CITY OF FRESNOCOUNCIL AND MAYOR RESIDENCYACT June 13, 2019 The following policies are enacted to help ensure that candidates for Mayor and City Council, and incumbents reside in the district they will or do represent, or the City in the case of the Mayor. ARTICLE IDEFINITIONS At Large Municipal Elections In at-large elections, all voters can vote for all seats up for election. At-large elections allow a simple majority of the voters to elect all of the seats in a local election. This can result in disenfranchisement of the local electorate and elected bodies not in compliance with applicable law. Prior to 1981, City Council seats in Fresno were contested in at large elections. City "City" means the City of Fresno, a municipal corporation. District Municipal Elections A jurisdiction is divided into districts and one member is elected per district. Only the voters in a specific City Council district may vote for City Council candidates in that district. Fresno City Charter Section 304 This Charter Section provides that no person shall be eligible to hold an elective office unless that person is, and has been for a period of at least 30 days immediately preceding the filing of nomination papers for such office or appointment of such office, a resident of the City, and has been at the time of assuming such office, an elector of the City. Fresno City Charter Section 304.1 City of Fresno Charter Section 304.1 took effect on all municipal elections after 1981. It provides that no person shall be eligible to hold elective office as a Councilmember unless that person is, and has been for a period of at least thirty days immediately preceding the filing of nomination papers for such office or appointment to such office, a resident within the Council district corresponding in number to the office to which that person is elected or appointed. Municipal Ordinance A Municipal Ordinance is a law of local application. Local ordinances are adopted by the City Council and enforced by the City Manager and staff of local government. Voting Rights Act of 1965 Page 2 of 7 The National Voting Rights Act of 1965 outlawed discriminatory voting practices for the widespread disenfranchisement of minorities in the United States. The Act established extensive federal oversight of elections administration, providing that states and local governments with a history of discriminatory voting practices could not implement any change affecting voting without first obtaining the approval of the Department of Justice, a process known as preclearance. ARTICLE IIPURPOSE OF ACT Prior to 1981, there was a concern that some citizens of Fresno did not have a Councilmember to properly represent their district. There was also a potential violation of the Voting Rights Act of 1965 and subsequent election laws governing citizen representation. This issue was finally decided by the voters in a ballot issue. On May 31, 1977, the voters of Fresno amended Charter Section 304 to require that persons running for City municipal elections must live in the City for a period of at least 30 days immediately preceding the filing of nomination papers for City offices and live in the City at the time of assuming office. The voters of Fresno also added Charter Section 304.1 to require that persons running for City Council seats must reside in the district at the time the nomination papers are filed for such office or appointment. It further provided that each Councilmember shall, during the Councilmember's term, reside within such Council district. This was strictly a residency requirement and elections continued to be held at large. On June 3, 1980, the voters amended Charter Section 304.1 to provide that each Councilmember must reside in, and be elected from the district corresponding in number to his/her office. Thus, only the electors from the district could vote for the Councilmember within such district. Candidates please take note, if all of the requirements of this Act are not timely and fully met, the City Clerk shall not allow the candidate’s name to appear on the ballot. Objectives of Act: 1. To provide stricter and more detailed criteria for establishing a Council candidate’s residency in the Council district, and to provide detailed criteria for establishing a Mayoral candidate’s residency in the City. Developing structured, objective criteria will help ensure proof of district residency for Council and City residency for Mayoralcandidates. 2. To provide stricter and more detailed criteria for establishing current Councilmembers' residency in the districts they represent during their term in office. Developing structured, objective criteria will help ensure proof of district residency during the entire term of a Councilmember. 3. To protect the interests of all Fresno citizens and ensure proper representation by developing policies that will help ensure that the Councilmembers truly reside in the district they represent, and within the City limits in the case of the Mayor. 4. Adopt enabling legislation via a municipal resolution to establish necessary policies. Page 3 of 7 Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 304.1 can be implemented as Fresno voters intended when they passed the ballot measure 30 years ago. ARTICLE Ill ADVANTAGES OF DISTRICT REPRESENTATION There are compelling reasons for establishing district representation. The Voter Rights Act of 1965 was the legislative vehicle for eliminating discriminatory voting qualifications, standards, practices, and procedures. The advantages of district elections include: 1. Itencourages personal campaigns; 2. Itencourages attention to neighborhood concerns; 3. It is easier for new candidates towin; 4. There is a lower cost of campaigning; and 5. Itenhances descriptive representation and shared policyviews and ideology. Candidates not in compliance with the residency requirements of Charter Section 304.1 undermine the legal principles of representative local elections and raise questions regarding a local election's compliance with applicable law. ARTICLE IVRESIDENCY REQUIREMENTS FOR COUNCIL AND MAYORAL CANDIDATES In addition to providing the Fresno County Clerk proof of voter registration in the district residence claimed for running for a City Council seat, or in the City if running for Mayor. In addition, a candidate must provide the following information to the Fresno City Clerk to demonstrate the candidate resided at the specified address at least 30 days prior to filing nomination papers: 1.Proof of home ownership as evidenced by: 1) a copy of a grant deed, a mortgage payment billing statement verifying the address; or any other document that can verify home ownership and residency of the property; and 2) evidence of a homeowner’s property tax exemption filed with the Fresno County Assessor for proof that the home is the primary residence. If candidates do not have a tax exemption on file they must submit an affidavit signed by the candidate verifying that the home is the candidate’s primary residence; or If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership,or corporation, the candidate must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as his or her primary residence; or If the residence is rented or leased by the candidate, the candidate will provide proof of residency by providing a signed copy of a current and legally enforceable lease or rental agreement. If the lease or rental agreement expiration date is less than 90 days from the date of filing nomination papers, the candidate shall provide a letter from the property manager or property owner verifying that the Page 4 of 7 candidate iscontinuing on a month-to-month basis; or If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, candidate must have landlord or property owner sign an affidavit, under penalty of perjury, verifying candidate's residency in landlord’s or property owner's property; and 2. Proof of motor vehicle registration, if any motor vehicles are registered to the candidate for the residency claimed, or proof of a valid California driver's license or State of California issued identification card showing the address matches the address shown on the candidate’s nomination papers. If a candidate does not own an automobile or does not have a California driver's license or State issued identification card, or if the address on the vehicle registration, driver’s license, or identification card does not match the address on the candidate’s nomination papers, the candidate must update the address and show proof of the change on at least one of the documents described in this paragraph. If the residence address on the driver’s license, identification card or auto registration is in the process of being changed, the candidate must provide a document from the California Department of Motor Vehicles (DMV14 form) verifying the change is in process.; and 3.A PG&E bill or Fresno City Utility bill in the candidate's name on the company’s letterhead showing that the service address is consistent with the address in candidate's nomination papers. In the event a PG&E and/or Fresno City Utility bill has not been generated, a letter from an authorized representative of the utility provider on the company’s letterhead stating that an account exists and has been active for a period of at least 30 days in the candidate's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the PG&E bill and/or the Fresno Utility bill, the candidate must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative verifying that the landlord or other legal entity, is responsible for paying the PG&E bill and/or the Fresno City Utilitybill. 4. The candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney under penalty of perjury, verifying residency. Failure to provide any of the above-required documents on or before the closing date to file nomination papers will disqualify a candidate from meeting the Charter Section 304 or 304.1 residency requirement. Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify candidates and constitute a misdemeanor Charter violation in addition to any other legal remedy available to enforce a similar fraudulent act. ARTICLE VVERIFYING RESIDENCY AND CERTIFICATION FOR COUNCIL AND MAYORAL CANDIDATES No earlier than the initial filing date for documents related to a candidate running for a City Council seat or for the office of Mayor, and no later than the closing date to file Page 5 of 7 nomination papers, candidates are required to file all of the documents specified in Article IV above with the Fresno City Clerk's office for verification. The City Clerk will review and verify that all required information is correct and meets the requirements of this Act. The City Clerk will diligently work to review and verify all residency documents submitted. No later than five calendar days from receipt of the candidate's documents, the City Clerk's office shall complete the review and verification of the documents. The City Clerk will then do one of the following: 1. If all City residency requirements are satisfied pursuant to this Act, the City Clerk's office will provide a letter to the Fresno County Clerk's office and to the candidate certifying that the candidate has met the City's residency requirements; or 2. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk's office will provide a letter to the candidate showing the specific deficiencies or missing document(s). The candidate will have until the closing date to file nomination papers to correct the deficiencies and re-submit the required documents for verification to the City Clerk; or 3. If the candidate either fails to complete verification of all of the requirements of this Act within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Act, the City Clerk's office will provide a letter to the candidate advising him or her of the failure to meet the requirements of the Act and shall not certify to the County Clerk the candidate has met the residency requirements, and the candidate shall not appear on the ballot; or 4. If the re-submitted documents by the candidate meet all requirements of this Act, the City Clerk's office will certify the Act's residency requirements have been met and provide a letter to the Fresno County Clerk's office and to the candidate. ARTICLE VIVERIFYING RESIDENCY FOR INCUMBENTS Councilmembers are required to live in the district they represent during the entire term in office, and the Mayor is required to live in the City limits during the entire term in office. To insure that incumbents continue to live in the district/City they represent, each incumbent must submit the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), at the end of each year in office: 1.In the event that an incumbent moved to a new residence in the district/City after the filing of the previous affidavit, the incumbent must confirm the new address, within 60 days of moving, by providing the documents listed in items 1 through 5 under Article IV,to the City Clerk. 2.Incumbents who have not relocated since the information required by this Article was last provided may comply with this Article by supplying a copy of a current driver's license or California State issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. Failure to provide any of the above-required documents on or before the end of the year Page 6 of 7 shall disqualify an incumbent from meeting the Charter Section 304 or 304.1 residency requirement. Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify a Councilmember or Mayor and constitute a misdemeanor Charter violation in addition to any other legal remedy available to enforce a similar fraudulent act. ARTICLE VIIINVESTIGATION AND ENFORCEMENT Any fraudulent residency complaints shall be submitted to the City Attorney. The City Attorney will refer all complaints to the Fresno County District Attorney. The Fresno County District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute. ARTICLE VIIITRANSPARENCY The City Clerk shall post the names and corresponding office sought, of all candidates that have been certified to meet the residency requirements of this Act on the City's website. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the Public Records Act. After the General Election the list shall be removed from the City website. A PDF copy of this Act shall be available, year round, at the City’s website and a hard copy shall be available to be picked up at the City Clerk’s Office during normal business hours. This will enable prospective candidates to review residency requirements pursuant to this Act. ARTICLE IXONE YEAR REVIEW One year from the adoption of this Amended Act, the Council shall, at a regularly scheduled meeting, review the implementation and practice of this Act and, if necessary, amend the Act to reflect required changes. ARTICLE XEFFECTIVE DATE This amended resolution shall take effect upon final passage. This Act, along with any subsequent amendments, shall be the Council and Mayor Residency Act of the City of Fresno. Council Residency Act Amended __-__-19 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1769,Version:1 REPORT TO THE CITY COUNCIL DATE:June 13, 2019 FROM:COUNCIL VICE PRESIDENT, ARIAS Council District 3 BY:YVONNE SPENCE, City Clerk Office of the City Clerk SUBJECT ***RESOLUTION - Amending the “Council Residency Act” and renaming it the “Council and Mayor Residency Act”. (Subject to Mayor’s veto) RECOMMENDATION Approve amended resolution EXECUTIVE SUMMARY The Residency Act was amended to include residency requirements for the Mayor, and to clarify the minimum acceptable documents for verifying residency. BACKGROUND The City Attorney has reviewed and approved to form. These changes will allow staff in the City Clerk’s Office to process candidates and incumbent elected official’s residency in a fair and equitable manner. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT City of Fresno Printed on 6/6/2019Page 1 of 2 powered by Legistar™ File #:ID19-1769,Version:1 N/A Attachment:Resolution Amended Residency Act City of Fresno Printed on 6/6/2019Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1815 Agenda Date:6/13/2019 Agenda #:4-C REPORT TO THE CITY COUNCIL June 13, 2019 FROM:COUNCIL VICE PRESIDENT MIGUEL ARIAS, District 7 SUBJECT RESOLUTION - Initiating a text amendment to the Zoning Ordinance of the City of Fresno to Add Chapter 15, Article 24, Section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-5803-A1. RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment: Resolution City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ 1 of 7 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING CHAPTER 15, ARTICLE 24, SECTION 15-2424 OF THE FRESNO MUNICIPAL CODE, RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, by the passage of Assembly Bill 1236 (AB 1236) in 2015, the State Legislature amended California Government Code Section 65850.7 to require every city, county, or city and county with a population over 200,000 residents to adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations; and WHEREAS, AB 1236 requires a city or county to administratively approve an application for an electric vehicle charging station through the issuance of a building permit or similar nondiscretionary permit, and review of the application shall be limited to whether the applicant meets all public health and safety requirements of local, state and federal law; and WHEREAS, the City desires to enact this ordinance for the purpose of creating an expedited, streamlined permitting process for the installation, alteration or replacement of electric vehicle charging stations. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15-2424 of the Fresno Municipal Code is added to read: SECTION 15-2424. – ELECTRIC VEHICLE CHARGING STATIONS. 2 of 7 A.Applicability. 1.This section applies to the permitting of all electric vehicle charging stations in the City. An “electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it reads on January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. 2.All electric vehicle charging stations legally established or permitted prior to the effective date of this ordinance shall not require a permit issued under this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging state shall not be considered a material change. B.Requirements. 1.All electric vehicle charging stations shall meet all applicable health and safety standards and requirements imposed by the state and the City, local fire department and utility director. 2.Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the 3 of 7 National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. C.Applications 1.All documents required for submission of an electric vehicle charging station application shall be made available on the City’s website. 2.Electronic submittal of the required permit application and documents shall be allowed by the City for all applicants. Electronic submittal means the utilization of one or more of the following: (1) Email; (2) the Internet; or (3) Facsimile. 3.An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. 4.The Building and Safety Services Division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. 5.The Building and Safety Services Division may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor’s Office of Planning and 4 of 7 Research, when adopting the electric vehicle charging station permit process and checklist. D.Review 1.The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the Building Officials review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation. For direct current fast chargers (DCFC), the review of a complete permit application will be a fifteen business day timeline. 2.A permit application that satisfies the information requirements in the checklist, as adopted by the City, shall be deemed complete. 3.A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall be not be denied. 4.An applicant that provides an incomplete permit application shall be provided with a written correction notice 5 of 7 detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance. 5.The Building Official may require an applicant to apply for a use permit if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety. The decision of the Building Official may be appealed to the City Planning Commission in accordance with the procedures of Section 15-5017. The term "specific, adverse impact" means a significant, quantifiable, direct, or unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 6.The Building Official may not deny an application for a use permit unless it makes written findings based upon substantial evidence in the record that the propose installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The Building Official's written findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. The decision of the Building Official may be appealed to the City Planning Commission in accordance with the procedures of Section 15-5017. 6 of 7 7.Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. 8.A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost- effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. * * * * * * * * * * * * * * 7 of 7 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________ 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC CRM City Clerk BY: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Rina Gonzales Date Deputy City Attorney 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: RG Resolution No. _____ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, INITIATING A TEXT AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF FRESNO TO ADD CHAPTER 15, ARTICLE 24, SECTION 15-2424 OF THE FRESNO MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS, PURSUANT TO FRESNO MUNICIPAL CODE SECTION 15-5803-A(1) WHEREAS, on December 3, 2015, the Council of the City of Fresno, (Council) voted to adopt Ordinance Bill No. B-43, adding Chapter 15 to the Fresno Municipal Code, which is a comprehensive update to the City’s Zoning Ordinance and is referred to as the “Citywide Development Code”; and WHEREAS; Section 15-2400 et seq. of the Citywide Development Code sets forth standards for parking and loading; and WHEREAS, Fresno Municipal Code section 15-5803-A(1) authorizes the Council to initiate an amendment to the text of the Citywide Development Code by adopting a Resolution of Initiation; and WHEREAS, the Council desires to add section 15-2424 of the Citywide Development Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations as required by California Government Code Section 65850.7. 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Pursuant to Fresno Municipal Code section 15-5803-A(1), the Council initiates the necessary proceedings to add the text of Section 15-2424 of the City of Fresno’s Zoning Ordinance relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations. 2. The Council further directs staff to review and analyze the proposed draft (attached as Exhibit A), prepare any environmental assessment pursuant to the requirements of the California Environmental Quality Act (CEQA), bring the Text Amendment before the Airport Land Use Commission for consideration upon completion of environmental review, before the Planning Commission for consideration within thirty days of it being reviewed by the Airport Land Use Commission, and back before the Council for consideration within thirty days of the Planning Commission’s review. * * * * * * * * * * * * * * 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2019. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN CITY ATTORNEY'S OFFICE BY: Rina Gonzales Date Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1851 Agenda Date:6/13/2019 Agenda #:4-D REPORT TO THE CITY COUNCIL June 13, 2019 FROM:VICE PRESIDENT ARIAS and MAYOR BRAND SUBJECT ***RESOLUTION - Approving the installation of a Fresno Public Safety Memorial in front of City Hall, on the north lawn, and donating the existing Fresno Police Department Memorial to the Fresno Police Officers’ Association. (Subject to Mayor’s veto) Attachment: City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE INSTALLATION OF A FRESNO PUBLIC SAFETY MEMORIAL IN FRONT OF CITY HALL, ON THE NORTH LAWN, AND DONATING THE EXISTING FRESNO POLICE DEPARTMENT MEMORIAL TO THE FRESNO POLICE OFFICERS’ ASSOCIATION. WHEREAS, we owe a great debt to those public safety officers who have served our City; and WHEREAS, the City Council deems it necessary and appropriate to erect a memorial to the public safety officers of the City of Fresno who have lost their lives protecting this City; and WHEREAS, the City desires to erect a memorial at Fresno City Hall to honor the individuals who lost their lives in the line of duty as police officers and firefighters for the City of Fresno; and WHEREAS, the Public Safety Memorial will be a beautiful tribute to all of the civil servants from the City of Fresno that made the ultimate sacrifice protecting our City; and WHEREAS, the Public Safety Memorial will be similar in style to the Fresno Veteran’s Memorial; and WHEREAS, the Fresno Police Department Memorial located on the Mariposa Mall will be donated to the Fresno Police Officers’ Association (FPOA) and relocated near the FPOA office in preparation for the Mariposa Mall being reopened to vehicular traffic at some point in the future, as described in the Fulton Corridor Specific Plan. 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council hereby approves the installation of the Fresno Public Safety Memorial monument which is dedicated to the City of Fresno police officers and firefighters who lost their lives in the line of duty while serving the City. The monument shall be placed on the north lawn in front of City Hall in a manner that coordinates with the Veterans Memorial on the south lawn. 2. The project shall be funded in partnership between the City and community stakeholders, with the City contributing $60,000, to be allocated in the FY2020 budget, and private parties contributing all additional amounts necessary to complete construction and installation of the memorial. 3. The existing Fresno Police Department Memorial located on the Mariposa Mall will be donated to the FPOA and may be relocated near the FPOA office. 4. The Council hereby directs staff to take all actions necessary to carry out this resolution. * * * * * * * * * * * * * * 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Laurie Avedisian-Favini Date Assistant City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1712 Agenda Date:6/13/2019 Agenda #:5-A CLOSED SESSION June 13, 2019 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1 1.City of Fresno v. Helen Woodward City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1817 Agenda Date:6/13/2019 Agenda #:5-B CLOSED SESSION ITEM June 13, 2019 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1)Lowell Community Development Corp., v. City of Fresno; Fresno County Superior Court Case No. 18CECG01885 City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1818 Agenda Date:6/13/2019 Agenda #:5-C CLOSED SESSION ITEM JUNE 13, 2019 SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) 2. Fresno City Employees Association (FCEA) 3. Fresno Police Officers Association (FPOA Basic) 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember Chief of Staff to the Mayor City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1818 Agenda Date:6/13/2019 Agenda #:5-C City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II Senior Deputy City Attorney III Senior Human Resources/Risk Analyst Senior Law Clerk City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1818 Agenda Date:6/13/2019 Agenda #:5-C Supervising Deputy City Attorney City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1846 Agenda Date:6/13/2019 Agenda #:5-D CLOSED SESSION ITEM Jun 13, 2019 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Curtis Waller (Dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management Workers’ Compensation Appeals Board Case No. ADJ9861653 City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1845 Agenda Date:6/13/2019 Agenda #:5-E CLOSED SESSION ITEM Jun 13, 2019 SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. City of Fresno v. Garney Pacific Company dba Garney Construction Company City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™