The URL can be used to link to this page

Home My WebLink About2016-06-23 Council Agenda Final-Revised PacketThursday, June 23, 2016 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Meeting Agenda - Final-revised Regular Session June 23, 2016City Council Meeting Agenda - Final-revised The meeting room is accessible to the physically disabled. Services of an interpreter and additional accommodations, including assistive listening devices, can be made available. Requests for accommodations should be made as early as possible prior to the scheduled meeting. Please contact the City Clerk’s Office at 559-621-7650. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. 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 23, 2016City Council Meeting Agenda - Final-revised 9:05 A.M. ROLL CALL Invocation by District Three Chief of Staff, Gregory Barfield Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID16-151 Approval of minutes from: June 14, 2016; June 15, 2016 and; June16, 2016 COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. 1-A ID16-703 RESOLUTION - Approving the Final Map of Tract No . 6060-Northwest side of Stanislaus Street between Fulton Street and Van Ness Avenue (Council District 3) Sponsors:Public Works Department 1-B ID16-715 Approve Master Agreement for inter-agency instructional services between Fresno City College and the City of Fresno Fire Department for reimbursement of instructional training hours cost Sponsors:Fire Department 1-C ID16-717 Actions pertaining to sewer rehabilitation in Home Avenue (Bid File 3456) (Council District 4 and 7) 1.Adopt findings of Categorical Exemption /Class 1, pursuant to Section 15301(d) (Existing facilities) and Categorical Exemption/Class 2, pursuant to Section 15302(c ) (Replacement or reconstruction) of the California Environmental Quality Act Guidelines, and Page 3 City of Fresno ***Subject to Mayoral Veto June 23, 2016City Council Meeting Agenda - Final-revised 2.Award a construction contract in the amount of $75,255 to Burtech Pipeline Inc., of Encinitas, California Sponsors:Department of Public Utilities 1-D ID16-718 Actions pertaining to sewer rehabilitation in F Street and Santa Clara Avenue (Bid File 3455) (Council District 3) 1.Adopt findings of Categorical Exemption /Class 1, pursuant to Section 15301(d) (Existing facilities) and Categorical Exemption/Class 2, pursuant to Section 15302(c ) (Replacement or reconstruction) of the California Environmental Quality Act Guidelines, and 2.Award a construction contract in the amount of $237,425 to SAK Construction Inc. LLC of Rocklin California Sponsors:Department of Public Utilities 1-E ID16-729 Approve a Lease Agreement between the City of Fresno and Henry Wang, an individual d /b/a. The Flight Line, for a restaurant at Fresno Chandler Executive Airport (Council District 3) Sponsors:Airports Department 1-F ID16-673 Award and approve administrative agreement with Willdan Financial Services to provide services in connection with City bonds relating to arbitrage calculations, continuing disclosure, and the administration of special districts within the boundaries of the City of Fresno Sponsors:Finance Department 1-G ID16-755 Approve First Amendment to Agreement to the Consultant Services Agreement between the City of Fresno and CDX Wireless Technology Consulting, Inc., granting a time extension for the completion of the Radio Systems Needs Evaluation. Sponsors:Information Services Department 1-H ID16-751 Adopt the Measure C Extension Fund Annual Allocation Resolution in order to complete the Certification and Claim process and allow the City of Fresno to receive its share of Measure C Extension Funds in Fiscal Year 2016-2017 Sponsors:Finance Department Page 4 City of Fresno ***Subject to Mayoral Veto June 23, 2016City Council Meeting Agenda - Final-revised 1-I ID16-736 Approve a Cooperate Agreement with the County of Fresno for the Bullard Avenue Overlay between Blackstone and Marks Avenues, for an estimated City contribution in the amount of $1,058,500 (Council District 2 and County of Fresno) Sponsors:Public Works Department 2. GENERAL ADMINISTRATION 2-A ID16-716 Authorize the City Manager to Execute Agreements for Water Sale and Transfer to the Kern -Tulare Water District for 5,000 Acre Feet, at $500 per Acre Foot. Sponsors:Department of Public Utilities 2-B ID16-770 Approve a One Year Agreement with Central Unified School District to provide swim lessons at Central High School East Campus for the community Sponsors:Parks, After School and Recreation and Community Services Department 3. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:00 A.M. Actions on the Fiscal Year 2017 Budget and related items - CONTINUED FROM JUNE 21, 2016 ID16-595 ***Council adoption of the Fiscal Year 2016-2017 City of Fresno budget including the Annual Appropriations Resolution (AAR) Sponsors:Finance Department ID16-596 ***RESOLUTION - Adopt the Fiscal Year 2017 Position Authorization Resolution (PAR) Sponsors:Finance Department ID16-756 ***RESOLUTION - Adopt the Fiscal Year 2017 Salary Resolution Sponsors:Personnel Services Department ID16-597 ***BILL - (For introduction and adoption) - Adoption of Property Page 5 City of Fresno ***Subject to Mayoral Veto June 23, 2016City Council Meeting Agenda - Final-revised Tax Override Ordinance Sponsors:Finance Department ID16-598 FY 2017 Gann Appropriation Limit Resolution Sponsors:Finance Department ID16-611 Approve the City of Fresno Investment Policy for Fiscal Year 2016-2017 Sponsors:Finance Department ID16-747 RESOLUTION - Requiring the Deposit of Redevelopment Agency Loan Repayment Funds into the Emergency Reserve until the Emergency Reserve reaches 10% of the Sum of General Fund Appropriations Plus Transfers. Sponsors:Finance Department 10:00 A.M. ID16-720 HEARING to discuss and consider adoption of the 2015 Urban Water Management Plan. a.RESOLUTION - Adopting 2015 Urban Water Management Plan (Citywide). Sponsors:Department of Public Utilities 10:15 A.M. ID16-753 Appearance by Mary Esther Correa to discuss Code Enforcement fining her for several years. 11:00 A.M. ID16-757 WORKSHOP - Regarding update on High Speed Rail Sponsors:Vice President Caprioglio 1:30 P.M. CONTESTED CONSENT CALENDAR Page 6 City of Fresno ***Subject to Mayoral Veto June 23, 2016City Council Meeting Agenda - Final-revised CEREMONIAL PRESENTATIONS ID16-758 Recognition of Police Detective Brian Hance Sponsors:Vice President Caprioglio ID16-767 Special Recognition and Presentation of the Freedom School and it’s attendees: Evron Burton, Earl D. White III, Jadora J. White, Dwight Samuel, Floyd D. Harris III, Freddy Dayvon, Freddie Dayshon Standifer, Anthany Rogers, Elijah Mc Fall Sponsors:Baines III 4. CITY COUNCIL ID16-740 Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments - Swearengin-Ex-Officio (Olivier-Alternate) 2. Finance and Audit Committee - Brand, Olivier, Brandau 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority - Baines, Brandau, Swearengin 9. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 10. Association for the Beautification of Highway 99 - Baines 11. Upper Kings Basin Integrated Regional Water Management JPA - Brandau (Soria, Georgeanne White and Thomas Esqueda - Alternates) 12. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio, City Manager Bruce Rudd and (Baines - Alternate) 13. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 14.San Joaquin Valley Air Pollution Control District - Baines Page 7 City of Fresno ***Subject to Mayoral Veto June 23, 2016City Council Meeting Agenda - Final-revised 15. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 16.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations 17.Sub- Committee on Transportation - Baines, Caprioglio, Soria 18.Code Enforcement Sub-Committee - Baines, Olivier, and Caprioglio 19.Enterprise and Construction Management Oversight Board - Councilmember Soria 20.Fresno- Clovis Metropolitan Solid Waste Commission- JPA - Brandau, Soria, Caprioglio 21.School Liaison Sub-Committee - Soria - Chair, Olivier, Baines Sponsors:Vice President Caprioglio 5. CLOSED SESSION 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 30 2016 - 10:00 HEARING - Rezone Application No. R-16-004, Annexation Application No. ANX-16-001, and related Environmental Assessment No. R 16 004/ANX-16-001/T-6139, filed by Lennar Fresno, Inc. and pertaining to approximately 38.70 acres of property located on the northeast corner of N. Polk and W. Olive Avenues. Page 8 City of Fresno ***Subject to Mayoral Veto June 23, 2016City Council Meeting Agenda - Final-revised JULY 28, 2016 10:00 A.M. - HEARING regarding the vacation of a portion of W. Spruce Avenue (formally N. Josephine Avenue) and W. Elgin Avenue (Council District 2) July 28, 2016 10:15 A.M. - HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) July 28, 2016 10:30 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 71(Final Tract Map No. 6079 and 6108) (northeast corner of N. Fowler Avenue and E. Clinton Avenue) (Council District 4) July 28, 2016 10:45 A.M. TEFRA HEARING - To hear and consider information concerning the proposed issuance of revenue refunding bonds by California Statewide Communities Development Authority (“CSCDA”) for the purpose of financing the acquisition, rehabilitation, furnishing and equipping of Parks at Fig Garden Apartments by Fruit Avenue Housing Associates, LP UPCOMING EMPLOYEE CEREMONIES JULY 28, 2016 - 1:30 P.M.- Employee of the Summer Quarter Ceremony OCTOBER 13, 2016 - 1:30 P.M. - Employee of the Fall Quarter Ceremony OCTOBER 19, 2016 - 2:00 P.M. - Employee Service Awards Ceremony 2016 CITY COUNCIL MEETING SCHEDULE JUNE 30, 2016 - 8:30 A.M. MEETING JULY 7, 2016 - NO MEETING JULY 14, 2016 - 8:30 A.M. MEETING JULY 21, 2016 - COUNCIL VACATION JULY 28, 2016 - 8:30 A.M. MEETING Page 9 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-151 Agenda Date:6/23/2016 Agenda #: MINUTES FOR APPROVAL Approval of minutes from: June 14, 2016; June 15, 2016 and; June16, 2016 City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ Agenda ltem: File lD 16-151 Date: 6123l2Ot6 iiiû 'iir¡i t* rflÉsflto crrY couNctL -.-1, .a¿ r- 11¡ Ê'ìr("'iì i.;iÇ¡ty otr":'¡! - - EEDECII,I---"--fflE-=l??¿rF Supplemental lnformation Packet Agenda Related ltems - File lD 16-151 COntentS Of SUpplement: Draft Minutes from: June L4,2OL6; June L5,2OL6, and; June 16,2OL6 Item(s) Approval of minutes from: June 14, 2016; June 15,2016 and; June16,2016 Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Councilafter the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normalbusiness hours (main location pursuantto the Brown Act, G.C. 54957'5(2). ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office aT 621,-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Security. 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 9:30 AM Council ChambersTuesday, June 14, 2016 Budget Hearings The City Council met in the Council Chamber, City Hall, on the date and time above written to continue budget hearings. 9:32 A.M. ROLL CALL President Paul Caprioglio Vice President Sal Quintero Councilmember Oliver L. Baines III Councilmember Lee Brand Councilmember Steve Brandau Councilmember Esmeralda Soria Present:6 - Councilmember Clinton OlivierAbsent:1 - Plegdge of Allegiance to the Flag BUDGET HEARINGS Tuesday, June 7, 2016 ID16-617 General Fund Overview ID16-625 Public Transportation Department (FAX) ID16-618 Development and Resources Management (“DARM”) Department ID16-619 City Attorney’s Office City of Fresno ***Subject to Mayoral Veto Page 1 June 14, 2016City Council Meeting Minutes - Draft ID16-620 Personnel Services Department ID16-622 Office of the City Clerk ID16-623 Information Services Department Wednesday, June 8, 2016 ID16-624 Airports Department ID16-621 Finance Department ID16-627 Mayor and City Manager’s Office ID16-628 City Council Offices Tuesday, June 14, 2016 ID16-626 Department of Public Utilities Budget Manager Sumpter presented an overview of the proposed budget for the Department of Public Utilities. Upon call, no member of the public addressed Council regarding the proposed budget for the Department of Public Utilities. Council discussed the Public Utilities budget and touched on the following topics: developing staff; waste water plant optimization; drought impacts; water conservation and electric vehicles; illegal dumping; redeployment of personnel; reclaimed water (purple pipes) projects, funding, timelines and locations; lobbyist funding and focus; pilot program to address alley dumping and other alley issues; the average water bill after the rate increase; status of the million dollars set aside for low and fixed income seniors; outreach to low and fixed income seniors regarding assistance with utilities; drought stages, the effect of water consumption and state regulations on water rates; water allocations to the city; capacity to store and process water; irrigation of parks; the Ground Water Sustainability Act; options for watering median islands. Councilmember Baines III directed staff to have a public campaign regarding the proposed "convenience sites" to curb illegal dumping. DEPARTMENT OF PUBLIC UTILITIES BUDGET DISCUSSED City of Fresno ***Subject to Mayoral Veto Page 2 June 14, 2016City Council Meeting Minutes - Draft ID16-629 Parks, After School, Recreation and Community Services (“PARCS”) Budget Manager Sumpter presented an overview of the proposed budget for the Parks, After School, Recreation and Community Service ("PARCS") Department. Upon call, the following members of the public addressed Council regarding the proposed budget for PARCS: Jenine-Lacette Dshazer - discussed the need for education and community outreach regarding feral animals; financial incentives available to adopt out animals instead of killing them. She suggested the city look into programs on the coast and in northern California that will take unadoptable feral animals and place them in vineyards, barnyards and dairies where they are valuable commodities. Kathy Omachi of Fresno United Neighborhoods - supports increased staffing levels for PARCS which has suffered from recession era cuts. She noted the department was lean and had a budget wise director at the helm. Ms. Omachi said parks were a quality of life issue and families need free places to go to enjoy green space. She also commented on the lack of green space in Fresno's China Town. Natasha Mitchell of C and C Education Fund - asked how much money was allocated to the Parks Master Plan; how much money was spent on the Parks Master Plan, and; what it would take to help the City spend the money specifically on parks. She stated the residents of District Three were concerned with the lack of progress with parks in the area. President Caprioglio informed Ms. Mitchell that the Director would answer many of those questions during his presentation. Steven Gutierez - stated that to get back to the pre-recession funding levels for PARCS a 20% increase to the budget would be required and should be possible during the 2019 - 2020 fiscal year. Dee Barnes of the Fresno City Employees Association - discussed cuts and demotions made to PARCS during the recession. She reminded council that there was more to the fiscal recovery than public safety and stated that parks was a quality of life issue. Ms. Barnes asked council to bring back cut programs, and to restore positions. City of Fresno ***Subject to Mayoral Veto Page 3 June 14, 2016City Council Meeting Minutes - Draft Grecia Elenes of Leadership Counsel for Justice and Accountability - requested additional funding for parks because the general fund has recovered from the recession. Ms. Elenes explained that parks were one of the most requested items from the unrepresented and ignored communities her organization deals with. Lucio Avila - requested an increase to the parks budget. Mr. Avila noted that current parks are not kept in good condition and are filled with trash. He stated that increased maintenance on parks would make a world of difference. Gabriela Mares of Cultiva La Salud - requested investment in Southeast Fresno green space and parks. She asked that more parks be created and money be put into existing parks. Ms. Mares said Southeast residents should not need to drive ten or fifteen minutes to reach a nice park. Council discussed the proposed PARCS budget and touched on the following topics: the Parks Master Plan timeframe; Parks Master Plan details and public input; involvement of Community Based Organizations at community centers; Pinedale Community Center; irrigation of Woodward Park; deferred maintenance; funding for new parks in the Parks Master Plan; expanding successful programs; the impact of parks and PARCS programs on public safety; after school positions; status of the Assistant Director recruitment; Adopt-A-Park agreements; the lifeguard program; SPCA funding under PARCS; SPCA outreach and education; SPCA contract monitoring; PARCS accomplishments; the importance of investing in PARCS; goals for the next fiscal year including the replacement of play structures, pool evaluation and maintenance, the youth at risk program and Dinky Creek; maintenance performed by the Public Works Department; the new Public Works organizational layout; past demotions of PARCS Managers to Recreation Supervisors. RECESSED 11:58 P.M. to 1:34 P.M. Council discussion on the PARCS budget continued at 1:34 P.M. and touched on the following topics: the locations of parks in the city; the financial dilemma regarding competing priorities; finding "outside the box" resources for park maintenance costs; faulty Park Impact Fee assumptions of the past; SPCA education and clinics; possibly requiring vets to report vaccinations to assist with enforcement of animal licensing; potential funding City of Fresno ***Subject to Mayoral Veto Page 4 June 14, 2016City Council Meeting Minutes - Draft sources for new animal education and clinics; possible collaboration with the County on an animal control facility; the potential for animal control impact fees; improvements to the Mosqueda Center and Pilibos Park; improvements to the senior hot meals program; pending improvements to the Mosqueda Cafeteria; ceramics classes; the Reading and Beyond program; Pilibos Park security; funds for the Mosqueda splash park; Calwa Park; Oso de Oro Park; future park improvements, and; Midtown Trail funding. Councilmember Brand exited the Council Chamber at 1:54 P.M. and returned at 2:54 P.M. Councilmember Soria directed staff to provide Council with the figures regarding deferred maintenance being addressed in the proposed budget. Councilmember Soria directed staff to provide Council with information regarding SPCA contract requirements and performance measures. Councilmember Soria directed staff to separate SPCA and PARCS funds in future budgets. Councilmember Soria directed staff to coordinate a meeting with her and the SPCA and to schedule a workshop for Council regarding the SPCA. Councilmember Brand directed staff to provide Council with the Development Code report concerning park acreage throughout the City. Councilmember Brandau motioned to allocate $70,000 to staff the Pinedale Community Center with programming run by PARCS personnel. Councilmember Soria seconded the motion. Councilmember Brandau motioned to include design and engineering to update the irrigation system at Woodward Park. Councilmember Brand seconded the motion. Councilmember Soria motioned to include $14,000 to expand the Youth Lifeguard Program west of Highway 99. Councilmember Baines III seconded the motion. Councilmember Baines III motioned to promote / reclassify PARCS Recreation Supervisors to Managers / management. Vice President City of Fresno ***Subject to Mayoral Veto Page 5 June 14, 2016City Council Meeting Minutes - Draft Quintero seconded the motion. President Caprioglio motioned to set aside $55,000 of PARCS money to support the programs and ongoing maintenance of Melody Park. PARCS BUDGET DISCUSSED ID16-630 Police Department Budget Manager Sumpter presented an overview of the proposed budget for the Police Department. Upon call, the following members of the public addressed Council regarding the proposed budget for the Police Department: Dee Barnes of the Fresno City Employees Association - discussed the loss of Community Service Officers and crime prevention programs due to the recession and the impacts on the city. Ms. Barnes stated the Records Division was still understaffed and that the Senior Administrative Clerks in that division were underpaid. She noted that there was more to public safety than the number of officers on the street. Council discussed the proposed Police Department budget and touched on the following topics: violent crime statistics; property crime statistics; vehicle theft statistics; police response times; Police Department restructuring; fatal traffic collision statistics; revenues; personnel levels and hiring; the number of Police Districts; the history of the Central Police District; Cadets; grants used by the Police Department; the Fresno Police Officer's Association thoughts on the proposed budget; investing in schools; restrictions imposed by grants; success of the bonus program as a recruiting tool; plans for a larger substation for Southeast Police District; Skywatch needs and funding history; unmarked vehicle needs; body camera needs; prisoner transport vans; general fund carry over; reduction of internal affairs investigations and excessive force complaints due to body cameras; community policing; middle school officer duties during summer; student resource officers; Citizens Academy funding; Tower District writing station; domestic violence responses; patrol officer numbers after the proposed restructuring; Civilian support staff levels; the ideal number of sworn officers; paid beds at the County Jail; Officer benefit packages; issues with homelessness and possible solutions; Community Service Officers; Deputy Chief and Assistant Chief positions, and; Officer satisfaction and morale. City of Fresno ***Subject to Mayoral Veto Page 6 June 14, 2016City Council Meeting Minutes - Draft Councilmember Baines III motioned to accept the Police Chief's recommendation and allocate $25,000 to fund a satellite report writing sub-station in the Tower District. Councilmember Soria seconded the motion. President Caprioglio motioned to allocate $25,000 to fund a report writing sub-station at Stone Soup. Vice President Quintero seconded the motion. POLICE DEPARTMENT BUDGET DISCUSSED ID16-631 Fire Department Budget Manager Sumpter presented an overview of the proposed budget for the Fire Department. Upon call, no member of the public addressed Council regarding the proposed budget for the Fire Department. Council discussed the Fire Department budget and touched on the following topics: risk management; communications infrastructure; the status of vacant funded positions; firefighter coverage per day; response times; the impact of the SAFER Grant on personnel numbers, and overtime; roll out of the SART report; a risk management approach to mitigate fires; previous staffing increases; upgrades and changes to personal protective equipment; leadership changes; the fleet maintenance shop; scheduled communications infrastructure upgrades; staffing of the fleet maintenance shop, and; the ideal number of firefighters for the city. FIRE DEPARTMENT BUDGET DISCUSSED The meeting was RECESSED at 4:32 P.M. to be CONTINUED on Wednesday, June 15, 2016 at 9:30 A.M. Wednesday, June 15, 2016 ID16-632 Convention Center ID16-633 General City Purpose ID16-634 Public Works Department ID16-697 Approve Fiscal Year 2016-2017 program income budget for the Housing Successor to the Redevelopment Agency of the City of City of Fresno ***Subject to Mayoral Veto Page 7 June 14, 2016City Council Meeting Minutes - Draft Fresno (Council action only) Tuesday, June 21, 2016 ID16-635 Council Vote on Motions Made During Budget Hearing ADJOURNMENT UPCOMING BUDGET HEARINGS City of Fresno ***Subject to Mayoral Veto Page 8 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 9:30 AM Council ChambersWednesday, June 15, 2016 Budget Hearings The City Council met in the Council Chamber, City Hall, on the date and time above written to continue budget hearings. 9:30 A.M. ROLL CALL President Paul Caprioglio Vice President Sal Quintero Councilmember Oliver L. Baines III Councilmember Lee Brand Councilmember Steve Brandau Councilmember Esmeralda Soria Present:6 - Councilmember Clinton OlivierAbsent:1 - Councilmember Brand was absent during roll call but entered the Council Chamber at 9:41 A.M. Pledge of Allegiance to the Flag BUDGET HEARINGS Tuesday, June 7, 2016 ID16-617 General Fund Overview ID16-625 Public Transportation Department (FAX) ID16-618 Development and Resources Management (“DARM”) City of Fresno ***Subject to Mayoral Veto Page 1 June 15, 2016City Council Meeting Minutes - Draft Department ID16-619 City Attorney’s Office ID16-620 Personnel Services Department ID16-622 Office of the City Clerk ID16-623 Information Services Department Wednesday, June 8, 2016 ID16-624 Airports Department ID16-621 Finance Department ID16-626 Department of Public Utilities ID16-627 Mayor and City Manager’s Office ID16-628 City Council Offices Tuesday, June 14, 2016 ID16-629 Parks, After School, Recreation and Community Services (“PARCS”) ID16-630 Police Department ID16-631 Fire Department Wednesday, June 15, 2016 ID16-697 Approve Fiscal Year 2016-2017 program income budget for the Housing Successor to the Redevelopment Agency of the City of Fresno (Council action only) Successor Agency Executive Director Murphey presented an overview of the proposed budget for the Housing Successor. Upon call, no member of the public addressed Council regarding the Housing Successor budget. Council discussed the Housing Successor budget and touched on the following topics: rental space for Successor agency offices City of Fresno ***Subject to Mayoral Veto Page 2 June 15, 2016City Council Meeting Minutes - Draft Councilmember Brandau requested a meeting with Executive Director Murphey regarding the Housing Successor. APPROVED On motion of Councilmember Baines III, seconded by Councilmember Soria, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brandau and Soria5 - Absent:Brand and Olivier2 - ID16-632 Convention Center Budget Manager Sumpter presented an overview of the proposed budget for the Convention Center. Upon call, no member of the public addressed Council regarding the proposed budget for the Convention Center. Council discussed the Convention Center budget and touched on the following topics: increases to be absorbed; projections; deficit decreases; the co-promotion structure and new revenues; deferred maintenance; APES fees for capital improvements; co-promotion funds; vendor contracts; Convention Center successes; the working capital fund; accounts payable; naming rights; energy savings; partnership with the Convention and Visitors Bureau; business model changes; debt service; the beginning fund balance and cash flow reserves; increases to the Convention Center budget; needs for additional personnel; funding for a naming rights consultant; Chukchansi Stadium; annual plan to increase entertainment; funding sources and transfer numbers; miscellaneous revenue line item; stadium debt service funds; carpet replacement funds and timing; hockey in Fresno; SMG involvement with competing venues; energy costs; solar energy; stadium bond payments and lease figures; stadium debt payment funding sources; the payment due under the stadium lease, and; the expired agreement for reduced stadium lease payments. Councilmember Soria directed staff to provide Council a copy of the Executive Summary regarding the Convention Center sales and marketing plan. Councilmember Soria directed staff to provide Council a list of improvements City of Fresno ***Subject to Mayoral Veto Page 3 June 15, 2016City Council Meeting Minutes - Draft made to the stadium for the 1.6 million dollars as well as a comprehensive list of deferred maintenance. Councilmember Baines III directed staff and the City Manager's Office to work with Council District Three to perform a solar energy assessment. Councilmember Brand motioned to put aside $100,000 from carry over to be used for a naming rights consultant. Councilmember Brandau seconded the motion. CONVENTION CENTER BUDGET DISCUSSED ID16-633 General City Purpose Budget manager Sumpter presented an overview of the proposed budget for General City Purpose. Upon call, no member of the public addressed Council regarding the proposed budget for General City Purpose. Council discussed the proposed budget and touched on the following topics: Economic Development Corporation funding. Councilmember Brandau Motioned to include an additional $50,000 to the Economic Development Corporation to help retain and attract businesses. Councilmember Brand seconded the motion. Upon request by members of the public, President Caprioglio allowed public comment on the proposed Public Works budget before the Council recessed for lunch. Upon call, the following members of the public discussed the Public Works budget: Reverend Sophia Dewitt of the Better Blackstone Project - identified needs for additional sidewalks, crosswalks and sidewalk repairs in the Susan B. Anthony neighborhood. She had contacted Public Works Manager Gormely and the Fresno Council of Governments about the needs. Reverend Dewitt intends to follow up with photographs to Scott Mozier and will be working with Councilmember Baines III. She expressed her support for the Concrete Strike Team and the increased Public Works budget. City of Fresno ***Subject to Mayoral Veto Page 4 June 15, 2016City Council Meeting Minutes - Draft Sara Salgado of the Better Blackstone Project - stated that streets and sidewalks in the Susan B. Anthony neighborhood are in need of repair and a sidewalk needs to be installed near the train tracks south of McKinley. Margarita Villasenor - discussed the need for infrastructure in District Five neighborhoods. Lack of maintenance has caused trees to cover street lights. Additional trees would provide shade and encourage residence to be outside. City Manager Rudd asked Ms. Villasenor to provide him with addresses of the problem trees so he could have crews address them. Isabel Vargas - discussed loose dogs in District Five that create safety concerns for residents and children. Ms. Vargas asked for more funding for the SPCA. Councilmember Soria suggested that funding was adequate but that it might be a customer service issue. City Manager Rudd asked Ms. Vargas to provide him with the general area of the problem dogs and he would have the SPCA look into it. The area was noted to be around Tenth and Butler. Esparanza Delgado - discussed a lack of infrastructure and sidewalks in Districts Five and Seven. She would like the current sidewalks fixed and the new sidewalks installed where they are lacking. Ms. Delgado also noted a need for ramps for accessibility in the neighborhoods. One area in need was around Orange and Ventura Avenues. Councilmember Soria asked that Ms. Delgado send her or Councilmember Quintero the exact addresses where sidewalks need repair. RECESSED 11:31 to 2:27 P.M. Vice President Quintero, Councilmember Brandau and Councilmember Oliver were absent when Council resumed at 2:27 P.M. Councilmember Brand stated that he could only stay for a few minutes. President Caprioglio noted that there would not be a quorum when Councilmember Brand left and announced that the budget hearing would be recessed and continued June 16, 2016 during the 2:00 P.M. Scheduled Matter, Continued Budget Hearing Overflow (ID 16-722). GENERAL CITY PURPOSE AND PUBLIC WORKS CONTINUED The meeting was RECESSED at 2:29 P.M. to be CONTINUED on Thursday, June 16, 2016 at 2:00 P.M. ID16-634 Public Works Department City of Fresno ***Subject to Mayoral Veto Page 5 June 15, 2016City Council Meeting Minutes - Draft Tuesday, June 21, 2016 ID16-635 Council Vote on Motions Made During Budget Hearing ADJOURNMENT UPCOMING BUDGET HEARINGS City of Fresno ***Subject to Mayoral Veto Page 6 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 1:30 PM Council ChambersThursday, June 16, 2016 Regular Session The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 1:37 P.M. ROLL CALL President Paul Caprioglio Vice President Sal Quintero Councilmember Oliver L. Baines III Councilmember Lee Brand Councilmember Steve Brandau Councilmember Esmeralda Soria Present:6 - Councilmember Clinton OlivierAbsent:1 - Invocation by Reza Nekumanesh of the Islamic Cultural Center Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: Consent Calendar Item 1-H (ID 16-688) had been removed from the agenda by staff; the correct amount of the impact fee waiver in General Administration item 2-J (ID 16-724) was $635,519.55; the proclamation for "Alzheimer's Independence Day" (ID 16-728) had been removed from the agenda, and; the 2:00 P.M. #1 Scheduled Matter (ID 16-696) had been removed from the agenda and would be rescheduled. City of Fresno ***Subject to Mayoral Veto Page 1 June 16, 2016City Council Meeting Minutes - Draft APPROVED AS AMENDED On motion of Councilmember Baines III, seconded by Councilmember Soria, the agenda was adopted as amended. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - APPROVE MINUTES ID16-150 Approval of minutes from: June 7, 2016; June 8, 2016 and; June 9, 2016 APPROVED On motion of Councilmember Baines III, seconded by President Caprioglio, the above Minutes were approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria thanked Mr. Nekumanesh for the invocation and held a moment of silence for the victims, and the families of the victims, of the shooting at Pulse Nightclub in Orlando, Florida. She remembered the victims and stated that the City stood in solidarity with them. Councilmember Soria welcomed and introduced Katherine Altobello-Czescik, the new District One intern. She noted that Ms. Altobello -Czescik was a Fellow from Columbia University and would be working on the "Power the Tower" project for the next ten weeks. The aim of the project was to help the Tower District become more energy efficient and help business and property owners shift to renewable energy with a long term goal of turning the district into a "net zero neighborhood." 1. CONSENT CALENDAR Councilmember Soria moved Consent Calendar item 1-L (ID 16-709) to the Contested Consent Calendar for further discussion. APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Quintero, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 2 June 16, 2016City Council Meeting Minutes - Draft Brand, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - 1-A ID16-660 Approval of a Purchase Agreement between Westervelt Ecological Services, LLC, and the City of Fresno, for the purchase of habitat conservation credits from the Grasslands Mitigation Bank in the amount of $73,500, in support of construction of a turnout/diversion facility associated with the Friant-Kern Canal Raw Water Pipeline, to be constructed in the U.S. Bureau of Reclamation’s Friant-Kern Canal (Council District 6, County). APPROVED The above item was approved on the Consent Calendar. 1-B ID16-674 Actions pertaining to the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 1.Authorize the Chief of Police to apply for and accept $269,208 in total grant funding for the 2016 JAG Program from the U.S. Department of Justice, Bureau of Justice Assistance for the City and County of Fresno 2.Authorize the Chief of Police to execute all related documents to the application, acceptance, and administration of 2016 JAG Program APPROVED The above item was approved on the Consent Calendar. 1-C ID16-679 Award a purchase agreement between City of Fresno and Vincent Communications, Incorporated for the purchase of emergency communications equipment. APPROVED The above item was approved on the Consent Calendar. 1-D ID16-680 Award a purchase agreement between City of Fresno and Keller Motors for the purchase of five (5) Chevy Silverado Pickup trucks in the amount of $188,642.05 for the Fire Department’s four new training officer positions and one new deputy chief position. City of Fresno ***Subject to Mayoral Veto Page 3 June 16, 2016City Council Meeting Minutes - Draft APPROVED The above item was approved on the Consent Calendar. 1-E ID16-684 Actions pertaining to Headworks Wet Well Cleaning at the Fresno/Clovis Regional Wastewater Reclamation Facility (Bid File 3466) (Council District 3) 1.***RESOLUTION - 52nd amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $299,400 (Requires 5 affirmative votes) 2.Adopt a finding of Categorical Exemption of Class 1, pursuant to Section 15301(b) (Existing facilities) of the California Environmental Quality Act Guidelines 3.Award a $289,394 construction contract to Pipe and Plant Solutions, Inc., of Berkeley, California RESOLUTION 2016-109 ADOPTED The above item was approved on the Consent Calendar. 1-F ID16-685 Approve a License Agreement between the Fresno Irrigation District (District) and the City of Fresno with a one-time fee of $5,000 for the construction, maintenance, and operation of the Kings River Pipeline turnout/diversion facility. (County) APPROVED The above item was approved on the Consent Calendar. 1-G ID16-686 Approve Agreement to Reimburse Fresno Irrigation District for Activities Related to the Implementation of Recharge Fresno Projects in an Amount Not To Exceed $200,000, for Necessary Plan Review Services, Construction Permits, Construction Inspections, and Related Activities (Citywide). APPROVED The above item was approved on the Consent Calendar. 1-H ID16-688 Award a construction contract in the amount of $430,569 to American Construction Engineers of Tollhouse, California for the Herndon Right Turn Lane Improvements at the intersection of Herndon and Blackstone Avenues - Bid File No. 3461 (Council District 6) The above item was removed from the agenda by staff. City of Fresno ***Subject to Mayoral Veto Page 4 June 16, 2016City Council Meeting Minutes - Draft 1-I ID16-639 Approve an agreement with Quad Knopf, Inc. of Fresno, CA in the amount of $104,000 for the design of plans, cost estimates and general construction documents for the Holmes Park and Mosqueda Park Splash Pads project (Council Districts 3 & 5) APPROVED The above item was approved on the Consent Calendar. 1-J ID16-644 Actions pertaining to retaining financial consulting services for the Department of Public Utilities (DPU) divisions (RFQ No. 24272) (Citywide) 1.Award a contract for an amount not to exceed $156,600 to Municipal Financial Services for financial consulting services for DPU Water Division and Wastewater Management Divisions 2.Award a contract for an amount not to exceed $113,480 for HF&F Consultants for financial consulting services for DPU Solid Waste Management Division APPROVED The above item was approved on the Consent Calendar. 1-K ID16-734 Approve the City of Fresno Transparency in City Government Act - Article VIII Annual Compensation Disclosure Report for 2015 APPROVED The above item was approved on the Consent Calendar. 1-L ID16-709 Approve a consultant services agreement with Campbell Strategy and Advocacy, LLC for an amount not to exceed $270,000 for professional lobbying and consulting services in California. The above item was moved to the Contested Consent Calendar for further discussion. CEREMONIAL PRESENTATIONS ID16-728 Proclamation of “ALZHEIMER’S AND BRAIN AWARENESS MONTH” The above item was removed from the agenda. CONTESTED CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 5 June 16, 2016City Council Meeting Minutes - Draft 1-L ID16-709 Approve a consultant services agreement with Campbell Strategy and Advocacy, LLC for an amount not to exceed $270,000 for professional lobbying and consulting services in California. The above item was introduced to Council by Mayoral Chief of Staff White. Ms. White clarified, for the record, that the scope of services would be revised to reflect that the city of Fresno would be Mr. Campbell's exclusive city client. Councilmember Soria motioned to approve the item with the inclusion of quarterly reports to Council as part of the scope of work. Councilmember Brandau seconded the motion. Councilmember Soria requested Mr. Campbell provide Council a report detailing his perspective on the California State budget and where the city of Fresno could benefit. APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember Brandau, the above Item was approved as amended to include quarterly reports to Council. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - 2. GENERAL ADMINISTRATION 2-A ID16-744 Actions Pertaining to a General On-Bill Financing Loan: 1. Approve an agreement with Pacific Gas & Electric (PG&E) with the maximum amount of $250,000, for a General On-Bill Financing Loan to replace certain high pressure sodium (HPS) street light fixtures with more energy efficient light-emitting diode (LED) fixtures throughout the City. 2. ***RESOLUTION - 44th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $38,600 of Measure C flexible funding to begin the Citywide LED Retrofit of Street Lights - Phase I project (Requires 5 affirmative votes) The above item was introduced to Council by Special Projects Engineer Krauter. Ann Kloose, PG&E Senior Government Relations Representative, City of Fresno ***Subject to Mayoral Veto Page 6 June 16, 2016City Council Meeting Minutes - Draft also spoke on this item. Councilmember Soria requested a meeting with staff regarding potential locations for additional light replacements. RESOLUTION 2016-110 ADOPTED On motion of Councilmember Baines III, seconded by Councilmember Brandau, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - Councilmember Soria exited the Council Chamber at 2:22 P.M. and returned at 2:33 P.M. 2-B ID16-661 Actions pertaining to the design contract for the Recycled Water Distribution System, Southwest Quadrant, Project (Council District 3 and Fresno County) 1.***RESOLUTION - 48th Amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $674,300 (Requires affirmative 5 votes) 2.Approve the First Amendment to the Agreement with Blair, Church & Flynn Consulting Engineers, a California Corporation for professional engineering services for the design (Council District 3 and portions of Fresno County) The above item was introduced to Council by Supervising Professional Engineer Norgaard. RESOLUTION 2016-111 ADOPTED On motion of President Caprioglio, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand and Brandau5 - Absent:Olivier and Soria2 - 2-C ID16-663 Actions pertaining to construction of the Headworks Odor Control System Replacement and Relocation at the Regional Wastewater Reclamation Facility (RWRF) (Bid File 3464) (Council District 3) City of Fresno ***Subject to Mayoral Veto Page 7 June 16, 2016City Council Meeting Minutes - Draft 1.***RESOLUTION - 53rd amendment to the Annual Appropriation Resolution No. 2015-104 appropriating $1,570,500 (Requires 5 affirmative votes) 2.Adopt a finding of Categorical Exemption of Class 3, pursuant to Section 15303 of the California Environmental Quality Act Guidelines 3.Award a Construction Contract to Hal Hays Construction Inc. of Riverside, California in the amount of $8,296,900 The above item was introduced to Council by Supervising Professional Engineer Norgaard. RESOLUTION 2016-112 ADOPTED On motion of Councilmember Baines III, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand and Brandau5 - Absent:Olivier and Soria2 - 2-D ID16-676 Actions pertaining to construction of the Orange Center School District Pipeline Project (Bid File Number 3421) (Fresno County; City of Fresno Sphere of Influence) 1.***RESOLUTION - 50th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $1,190,400.00 for the award of the construction contract for the Orange Center School District Pipeline Project (Requires 5 affirmative votes) 2.Award a construction contract in the amount of $1,190,302.29 to Dawson-Mauldin Construction, Inc. for the Orange Center School District Pipeline Project The above item was introduced to Council by Project Manager Pavic. RESOLUTION 2016-113 ADOPTED On motion of Councilmember Baines III, seconded by Vice President Quintero, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand and Brandau5 - Absent:Olivier and Soria2 - City of Fresno ***Subject to Mayoral Veto Page 8 June 16, 2016City Council Meeting Minutes - Draft 2-E ID16-681 Approve a consultant services agreement with Kimley-Horn and Associates, Inc., to provide professional civil engineering consulting services for the reconstruction of Taxiway C and cross Taxiway C10 at Fresno Yosemite International Airport (FAT) in an amount not to exceed $1,006,000 (Council District 4) The above item was introduced to Council by Aviation Director Meikle. APPROVED On motion of President Caprioglio, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand and Brandau5 - Absent:Olivier and Soria2 - 2-F ID16-687 Actions Pertaining to the Kings River Pipeline Project (Bid File 3433), (District 5, Fresno County) 1.Approve an Agreement for Repair of County Roads along the alignment for the raw water pipeline from the Kings River to the Southeast Surface Water Treatment Facility 2.Approve an Addendum to the County Road Encroachment Permit along the alignment for the raw water pipeline from the Kings River to the Southeast Surface Water Treatment Facility The above item was introduced to Council by Project Manager Wendels. APPROVED On motion of President Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - 2-G ID16-725 ***RESOLUTION - Amending the Better Business Act to add an exception when the City serves as co-applicant for certain State and Federal funds The above item was introduced to Council by Economic Development Coordinator Ruiz. City Manager Rudd, Assistant City Manager Smith and Government Affairs Manager Bergstrom also spoke on this item. City of Fresno ***Subject to Mayoral Veto Page 9 June 16, 2016City Council Meeting Minutes - Draft Councilmember Brand motioned to table the item indefinitely. Councilmember Brandau seconded the motion which failed 3-3-1 with Vice President Quintero, Councilmember Baines III and Councilmember Soria voting "No" and Councilmember Olivier absent. City Manager Rudd clarified that if the item was tabled or rejected by Council, the Cesar Chavez Foundation ("CCF") would not be able to include the City of Fresno as a partner in it's application. He also clarified, that if the item was rejected, the resolution portion of General Administration item 2-J (16-724) would become a moot point but Council could still approve the Disposition and Development Agreement and the waiver of impact fees. CCF, Housing and Economic Development Vice President Izmajtovich clarified that if the City of Fresno did not partner with CCF, his organization would miss out on four points related to a certain grant application. Councilmember Brand motioned to reject the item. Councilmember Brandau seconded the motion which failed 3-3-1 with Vice President Quintero, Councilmember Baines III and Councilmember Soria voting "No" and Councilmember Olivier absent. No motion was made to approve the item as it was clear there was no way to overcome a tie vote. DISCUSSED - NO ACTION TAKEN Councilmember Brand motioned to reject the item and Councilmember Brandau seconded the motion which FAILED by the following vote: Aye:Caprioglio, Brand and Brandau3 - No:Quintero, Baines III and Soria3 - Absent:Olivier1 - 2-J ID16-724 Actions pertaining to the Cesar Chavez Foundation Project located at the 5100 block of E. Kings Canyon Road 1.***RESOLUTION - Authorizing Application for the Affordable Housing and Sustainable Communities Program and Authorizing Execution of Program Documents - Cesar Chavez Project (District 5) 2.Approve Amended Disposition and Development Agreement between Cesar Chavez Foundation and the City of Fresno City of Fresno ***Subject to Mayoral Veto Page 10 June 16, 2016City Council Meeting Minutes - Draft 3.Approve a Waiver of Development Impact Fees in the amount of $648,133.42. The above item was introduced to Council by Economic Development Coordinator Ruiz. City Manager Rudd, and Assistant City Manger Smith also spoke on this item. Ms. Smith and Ms. Ruiz clarified that the Council would be voting to approve the reconveyance portion of the amended Disposition and Development Agreement (section 2.14) as well as the Waiver of Development Impact Fees. The following member of the public spoke on this item: Mary Esther Correa. APPROVED AS AMENDED On motion of Vice President Quintero, seconded by Councilmember Baines III, the Waiver of Development Impact Fees and the reconveyance portion of the amended Disposition and Development Agreement were approved (the resolution was not considered). The motion carried by the following vote: Aye:Caprioglio, Quintero, Baines III, Brand, Brandau and Soria6 - Absent:Olivier1 - Councilmember Baines III exited the Counicl Chamber at 3:26 P.M. and returned at 3:49 P.M. 2-H ID16-708 RESOLUTION - Authorizing the addition of subcontractors to a construction contract of $1,266,048.61 between the City of Fresno and Clean Energy, Inc. due to public necessity The above item was introduced to Council by Assistant Director of Transportation, Schaad. RESOLUTION 2016-115 ADOPTED On motion of President Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Brand, Brandau and Soria5 - Absent:Baines III and Olivier2 - 2-I ID16-657 ***RESOLUTION - 49th amendment to the Annual Appropriation City of Fresno ***Subject to Mayoral Veto Page 11 June 16, 2016City Council Meeting Minutes - Draft Resolution (AAR) No. 2015-104 appropriating $2,210,000 in the General Fund for the payment of claims and refunds in the Workers Compensation Fund. (Requires 5 affirmative votes) The above item was introduced to Council by Personnel Director Cardell. Budget Manager Sumpter also spoke on this item. RESOLUTION 2016-114 ADOPTED On motion of President Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye:Caprioglio, Quintero, Brand, Brandau and Soria5 - Absent:Baines III and Olivier2 - President Caprioglio exited the Council Chamber at 3:31P.M. and returned at 3:44 P.M. Councilmember Brandau exited the Council Chamber at 3:31P.M. and returned at 3:44 P.M. Councilmember Soria exited the Council Chamber at 3:33P.M. and returned at 3:44 P.M. UNSCHEDULED COMMUNICATION Upon call, the following member of the public addressed Council during Unscheduled Communication: Mary Esther Correa - thanked Council and the City Manager's Office for helping to get her water turned backed on. Ms. Correa also complained that the contract she was required to sign for her water was outrageous and she had no assistance in deciphering certain charges and terms in the contract. Ms. Correa also claimed that Code Enforcement falsely identified her as a slumlord because of things her tenants had done. RECESSED 3:35 P.M. to 3:44 P.M. 3. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M.#1 ID16-696 Appearance by Antonio Simone to discuss the possibility of locking garbage/recycling cans to avoid people going through them The above item was removed from the agenda. City of Fresno ***Subject to Mayoral Veto Page 12 June 16, 2016City Council Meeting Minutes - Draft 2:00 P.M.#2 ID16-722 Continued Budget Hearing Overflow (if needed) Council continued the budget hearing discussion at 3:44 P.M. GENERAL CITY PURPOSE CONTINUED Council continued discussion of the proposed General City Purpose budget and touched on the following topics: professional services and consultants; the special projects line item; CDBG pay-back; the Enterprise Zone Fund; economic development infrastructure; the EDA program; the Historical Society; the Big Fresno Fair Historical Museum; corroded galvanized pipes, and; the SPCA. Public comment on the proposed General City Purpose budget was closed on June 15, 2016. Vice President Quintero motioned to move $48,000 in the General Fund budget for the Fresno Historical Society to suppot the Society's work at City Hall including preparation of exhibit cases in the City Hall foyers, presentations for the Mayor's Citizens' Academy, research for City projects, historic information to potential relocated businesses , as well as the Coiety's overall educational programming for local students. The funding would also support collection and preservation of historic artifacts, photographs and documents that record the history of Fresno. Councilmember Brand seconded the motion. Vice President Quintero motioned to provide $25,000 to support the Big Fresno Fair Historical Muesum with funds from the para mutual racing revenue to go directly towards paying down the balance of the facility. Councilmember Brand seconded the motion. Councilmember Brand motioned to set aside $250,000 for citywide rebates through through Water Enterprise funds, for homeowners impacted by corroded pipes installed between 1989 and 1999. President Caprioglio seconded the motion. Councilmember Baines III motioned that, in future budgets, funds for the SPCA contract should be under General City Purpose and not the PARCS Department. The motion was seconded by Councilmember Soria. City of Fresno ***Subject to Mayoral Veto Page 13 June 16, 2016City Council Meeting Minutes - Draft PUBLIC WORKS Budget Manager Sumpter presented an overview of the proposed Public Works budget. Upon call, no member of the public addressed Council regarding the proposed budget for Public Works during this meeting. On June 15, 2016, Council President Caprioglio allowed the following members of the public comment on the Public Works budget prior to the item being heard: Reverend Sophia Dewitt of the Better Blackstone Project - identified needs for additional sidewalks, crosswalks and sidewalk repairs in the Susan B. Anthony neighborhood. She had contacted Public Works Manager Gormely and the Fresno Council of Governments about the needs. Reverend Dewitt intends to follow up with photographs to Scott Mozier and will be working with Councilmember Baines III. She expressed her support for the Concrete Strike Team and the increased Public Works budget. Sara Salgado of the Better Blackstone Project - stated that streets and sidewalks in the Susan B. Anthony neighborhood are in need of repair and a sidewalk needs to be installed near the train tracks south of McKinley. Margarita Villasenor - discussed the need for infrastructure in District Five neighborhoods. Lack of maintenance has caused trees to cover street lights. Additional trees would provide shade and encourage residence to be outside. City Manager Rudd asked Ms. Villasenor to provide him with addresses of the problem trees so he could have crews address them. Isabel Vargas - discussed loose dogs in District Five that create safety concerns for residents and children. Ms. Vargas asked for more funding for the SPCA. Councilmember Soria suggested that funding was adequate but that it might be a customer service issue. City Manager Rudd asked Ms. Vargas to provide him with the general area of the problem dogs and he would have the SPCA look into it. The area was noted to be around Tenth and Butler. Esparanza Delgado - discussed a lack of infrastructure and sidewalks in Districts Five and Seven. She would like the current sidewalks fixed and the new sidewalks installed where they are lacking. Ms. Delgado also noted a City of Fresno ***Subject to Mayoral Veto Page 14 June 16, 2016City Council Meeting Minutes - Draft need for ramps for accessibility in the neighborhoods. One area in need was around Orange and Ventura Avenues. Councilmember Soria asked that Ms. Delgado send her or Councilmember Quintero the exact addresses where sidewalks need repair. Council discussed the proposed Public Works budget and touched on the following topics: budget increases; computer replacements; increased services; the Concrete Strike Team; budget for median landscaping; the landscape maintenance program; reports from the FresGo application; Neighborhood Streets Program; median island landscaping in Downtown and China Town; needs in Highway City; the Olive streetscape grant; Van Ness payving allocations; payvment in front of Calwa School; Jensen Avenue sidewalk repairs; Heaton and Townsend street repairs; Oragne Avenue right of way acquisitions; a stop sign at Cedar and Woodward; Peach and Hamilton Avenue traffic study; progress at Belmont and Sunnyside Avenues; additional departmental needs including money need for paving, tree damaged concrete, tree trimming and slurry seal. Councilmember Baines III directed staff to provide Council with the rotational schedule of median island landscaping for Downtwon and Chinda Town. Councilmember Soria directed staff to provide Council with a report of Public Work CDBG projects by district from the last two years. Councilmember Soria directed staff to provide Council with a report of Public Works projects, by district, paid for by Measures "C" funds, Proposition 111 funds and Gas Tax funds. Councilmember Soria requested to meet with City Manager Rudd and Director Mozier. GENERAL CITY PURPOSE BUDGET DISCUSSED PUBLIC WORKS BUDGET DISCUSSED 4. CITY COUNCIL There were no City Council items on the agenda. 5. CLOSED SESSION The City Council met in Closed Session in Room 2125 from 5:07 P.M. to 5:55 P.M. to discuss the following: City of Fresno ***Subject to Mayoral Veto Page 15 June 16, 2016City Council Meeting Minutes - Draft ID16-721 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9(d)(4) Significant Exposure to Litigation: 1. Hustler Hollywood v. City of Fresno The above item was discussed during closed session. No open session announcements were made regarding this item. ID16-727 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Shanney Johnson, et al., v. City of Fresno, et al.; Fresno County Superior Court Case No.: 16CECG00976 The above item was discussed during closed session. No open session announcements were made regarding this item. ADJOURNMENT Adjourned from Closed Session at 5:55 P.M. City of Fresno ***Subject to Mayoral Veto Page 16 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-703 Agenda Date:6/23/2016 Agenda #:1-A REPORT TO THE CITY COUNCIL June 23, 2016 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION -Approving the Final Map of Tract No.6060-Northwest side of Stanislaus Street between Fulton Street and Van Ness Avenue (Council District 3) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6060. EXECUTIVE SUMMARY The Subdivider,FFDA Properties,LLC,a California Limited Liability Company,(Darius Assemi,Vice- President),has filed for approval,the Final Map of Tract No.6060,for a 1-lot subdivision for condominium purposes,located on the East corner of Fulton Street and Calaveras Street on 2.74 acres. BACKGROUND The Fresno City Planning Commission on May 21,2014 adopted Resolution No.13289 approving Vesting Tentative Map No.6060 (Tentative Map)for a 1-lot subdivision for condominium purposes on 2.74 acres.The Fresno City Planning Commission on May 21,2014 adopted Resolution No.13287 approving Conditional Use Permit Application No.C-13-137 authorizing the construction of a residential and office/commercial mixed use development.The Tentative Map was approved consistent with the 2025 General Plan,the Central Area Community Plan,the Fulton/Lowell Specific Plan and the Fulton Redevelopment Plan to comply with the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No.6060 expired on May 21,2016.Pursuant to the City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-703 Agenda Date:6/23/2016 Agenda #:1-A The approval of Vesting Tentative Map No.6060 expired on May 21,2016.Pursuant to the provisions of Section 66452.6 (d)of the Subdivision Map Act,processing,approving and recording of a final map may lawfully occur after the date of expiration of the tentative map if a timely filing of a final map is made.This Final Map was timely filed prior to the expiration date of the Tentative Map. 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 and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $267.00. A Covenant has been executed to defer the formulation of the condominium plan,DCC&R and Homeowner’s Association. The City Attorney’s Office has approved all documents as to form. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 3.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachments: Resolution Final Map of Tract No. 6060 City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-715 Agenda Date:6/23/2016 Agenda #:1-B REPORT TO THE CITY COUNCIL June 23, 2016 FROM:KERRI L. DONIS, Fire Chief Fire Department SUBJECT Approve Master Agreement for inter-agency instructional services between Fresno City College and the City of Fresno Fire Department for reimbursement of instructional training hours cost RECOMMENDATION It is recommended Council approve the Master Agreement between Fresno City College and the City of Fresno Fire Department for reimbursement of instructional training hour costs. EXECUTIVE SUMMARY The Fresno Fire Department (FFD)entered into a training reimbursement agreement with Fresno City College (FCC)in 1999.Under the state-sponsored program,FFD received a monetary reimbursement for each hour of training logged by its members.In December 2009,FCC terminated the agreement due to the loss of the program administrator.FFD then negotiated a similar agreement with Miramar College in San Diego which commenced July 2,2010 and expired prior to fiscal year 2015.In fiscal year 2015,FCC and FFD entered into an agreement to reinstitute their instructional service program. The agreement expires June 30, 2016. Approval of this agreement will extend the program from July 1,2016 to June 30,2017.The hourly reimbursement rate will also be increased from $2.75 to $3.50,thus providing a greater revenue stream to FFD.Funds received from this agreement will be reinvested back into the program for the services,facilities,materials and equipment supplied for student training. BACKGROUND The proposed agreement with FFD provides an opportunity for training and increase training revenues as the FCC agreement will reimburse up to a maximum of 92,000 hours per fiscal year.The reimbursements received under these agreements are used to supplement the departmental training program and provide for services,facilities,materials and equipment.As such,FFD is recommending approval of the Master Agreement with FCC for a one year term July 1,2016 and ending on June 30,2017.The agreement provides for one year extensions upon written notification and acceptance of both parties. FCC provides specialized training,registration,and college units for the Department’s sworn,safety,and firefighting personnel as part of monthly continuing education needs.Under the agreement,FCC offers approved educational courses through its various programs to meet the needs of the FFD.FFD provides instruction assistance,facilitators, equipment,materials,day-to-day management support and all other related overhead necessary to conduct FCC’s City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-715 Agenda Date:6/23/2016 Agenda #:1-B equipment,materials,day-to-day management support and all other related overhead necessary to conduct FCC’s affiliated education programs and will be reimbursed a fee of $3.50 per student instructional hour eligible for state general apportionment. Training revenues that may be realized from the FCC agreement are approximately $322,000 (92,000 hours @ $3.50)net of enrollment fees and are dependent upon the training hours documented by field personnel.These revenues and expenditures are accounted for in Fund 24020 -Training Fund and will be used to supplement the costs of training overtime, materials and equipment utilized in the training unit. The City Attorney has reviewed and approved the agreement as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” for purposes of the California Environmental Quality Act. LOCAL PREFERENCE N/A FISCAL IMPACT Training revenues that may be realized form this agreement are projected to be $322,000,net of enrollment fees,subject to the training hours documented by field personnel.These revenues will be used to offset the costs of training overtime and the materials and equipment utilized in the training unit. Attachment: Master Instructional Service Agreement Between Fresno City College and City of Fresno Fire Department City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-717 Agenda Date:6/23/2016 Agenda #:1-C REPORT TO THE CITY COUNCIL June 23, 2016 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:KEVIN L. NORGAARD, PE, Supervising Professional Engineer Department of Public Utilities BY:ORLANDO M. GONZALEZ, PE, Professional Engineer Department of Public Utilities - Wastewater Management Division SUBJECT Actions pertaining to sewer rehabilitation in Home Avenue (Bid File 3456) (Council District 4 and 7) 1.Adopt findings of Categorical Exemption/Class 1,pursuant to Section 15301(d)(Existing facilities)and Categorical Exemption/Class 2,pursuant to Section 15302(c)(Replacement or reconstruction) of the California Environmental Quality Act Guidelines, and 2.Award a construction contract in the amount of $75,255 to Burtech Pipeline Inc.,of Encinitas, California RECOMMENDATIONS Staff recommends that Council adopt findings of Categorical Exemption/Class 1 pursuant to Section 15301(d)(Existing facilities)and Categorical Exemption/Class 2,pursuant to Section 15302(c) (Replacement or reconstruction)of the California Environmental Quality Act (CEQA)Guidelines and approve the construction contract award in the amount of $75,255 to Burtech Pipeline Inc.,of Encinitas, California. EXECUTIVE SUMMARY The Department of Public Utilities,Wastewater Management Division is seeking to award a construction contract to Burtech Pipeline Inc.,for the rehabilitation of a sewer in Home Avenue west of Chestnut Avenue.The existing sewer is cast iron and in need of rehabilitation.The sewer rehabilitation project is necessary to remedy current structural deficiencies and increase the design life of the pipe. Staff is seeking to award a contract in the amount of $75,255 to Burtech Pipeline Inc. BACKGROUND City of Fresno Printed on 3/27/2023Page 1 of 3 powered by Legistar™ File #:ID16-717 Agenda Date:6/23/2016 Agenda #:1-C As per the Collection System Master Plan (CSMP),the Collection System Maintenance work group performs inspections of the sewer systems within the City of Fresno.The goal of these inspections is to evaluate the structural integrity and capacity of all sewer pipes within the City of Fresno.The investigation was done using Closed Circuit Television (CCTV).During routine inspection of the sewers in 2008,areas were identified that required rehabilitation or replacement.This sewer line in particular was showing significant signs of structural deficiencies.In addition,the CSMP protocol for cast iron pipe is to remove and/or rehabilitate because of the incompatibility with Hydrogen Sulfide and erosion.Removal of this line was not a viable option due to limited access and railroad crossings.Analysis and evaluation of the pipe determined that relining the cast iron sewer pipe would be the best option. Plans and specifications were prepared for the project.A Notice Inviting Bids was published on April 18,2016,and posted on the City’s website.The specifications were distributed to nine prospective bidders,and faxed to nine Builder Exchanges.The Bid will expire within 64 days of bid opening which is July 20,2016.One sealed bid proposal was received and publicly opened on May 17,2016.The bid proposal price was $75,255. Staff has determined Burtech Pipeline Inc.;of Encinitas,California is the lowest responsive and responsible bidder with a submitted bid of $75,255.Its bid price is 42%below the original Engineer’s Estimate of $130,000. Staff determination was posted on the City Website on May 19, 2016. The City Attorney’s Office has reviewed and approved the construction contract as to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary Environmental Assessment for rehabilitation in Home Avenue and has determined that it falls within Class 1 and 2 Categorical Exemption set forth in CEQA Guidelines, Section 15301(d) (Existing facilities) and Section 15302(c) (Replacement or reconstruction) because this contract involves restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment. 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 lowest responsive and responsible bidder is a local business. FISCAL IMPACT This project will have no impact to the General Fund and is located in Council District 4 and 7.This project is identified in the five-year capital improvement plan.Funds in the amount of $127,000 are budgeted in the 2016 Sewer Enterprise Fund No.40501.The fiscal impact of this contract will be $84,255. Attachments: Bid Evaluation Fiscal Impact Statement Construction Contract City of Fresno Printed on 3/27/2023Page 2 of 3 powered by Legistar™ File #:ID16-717 Agenda Date:6/23/2016 Agenda #:1-C Vicinity Map City of Fresno Printed on 3/27/2023Page 3 of 3 powered by Legistar™ DPU NOFED DIV I 1 rev.07-14 DPU-S WOI-091213 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC UTILITIES 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 BURTECH PIPELINE, INC., (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: E. HOME AVENUE SEWER REHABILITATION PROJECT (Bid File No. 3456) 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 estimated monetary consideration of Seventy Five Thousand Two hundred Fifty Five dollars and zero cents ($75,255.00), as set forth in the award and Bid Proposal pricing, 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. DPU NOFED DIV I 2 rev.07-14 DPU-S WOI-091213 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. BURTECH PIPELINE, INC., Inc. 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: Thomas C. Esqueda, Director Department of Public Utilities Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard DPU-S WOI-091213 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Utilities City address: City of Fresno Attention: Orlando M. Gonzalez Professional Engineer 5607 W Jensen Fresno, CA 93706 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-718 Agenda Date:6/23/2016 Agenda #:1-D REPORT TO THE CITY COUNCIL June 23, 2016 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:KEVIN L. NORGAARD, PE, Supervising Professional Engineer Department of Public Utilities BY:ORLANDO M. GONZALEZ, PE, Professional Engineer Department of Public Utilities - Wastewater Management Division SUBJECT Actions pertaining to sewer rehabilitation in F Street and Santa Clara Avenue (Bid File 3455)(Council District 3) 1.Adopt findings of Categorical Exemption/Class 1,pursuant to Section 15301(d)(Existing facilities)and Categorical Exemption/Class 2,pursuant to Section 15302(c)(Replacement or reconstruction) of the California Environmental Quality Act Guidelines, and 2.Award a construction contract in the amount of $237,425 to SAK Construction Inc.LLC of Rocklin California RECOMMENDATIONS Staff recommends that Council adopt findings of Categorical Exemption/Class 1 pursuant to Section 15301(d)(Existing facilities)and Categorical Exemption/Class 2,pursuant to Section 15302(c) (Replacement or reconstruction)of the California Environmental Quality Act (CEQA)Guidelines; approve the construction contract award in the amount of $237,425 to SAK Construction Inc.LLC of Rocklin California. EXECUTIVE SUMMARY The Department of Public Utilities,Wastewater Management Division is seeking to award a construction contract to SAK Construction Inc.LLC,for the rehabilitation of a sewer lines in F Street and Santa Clara Avenue.The two sewer alignments currently have pipe dating back to the 1930’s that are showing signifiant signs of structural deficiency.The sewer rehabilitation project is necessary on the both alignments of this project to remedy current structural deficiencies and increase the design life of the pipe.Staff is seeking to award a contract in the amount of $237,425 to SAK City of Fresno Printed on 3/27/2023Page 1 of 3 powered by Legistar™ File #:ID16-718 Agenda Date:6/23/2016 Agenda #:1-D Construction Inc. LLC of Rocklin California. BACKGROUND As per the Collection System Master Plan (CSMP),the Collection System Maintenance work group performs inspections of the sewer systems within the City of Fresno.The goals of these inspections are to evaluate the structural integrity and capacity of all sewer pipes within the City of Fresno.The investigation was done using Closed Circuit Television (CCTV).During routine inspection of the sewers in 2010,areas were identified that required rehabilitation or replacement.This sewer line in particular was showing significant signs of structural deficiencies.Rehabilitation of the existing sewer line was found to be the best option after evaluation of all applicable remediation options. Plans and specifications were prepared for the project.A Notice Inviting Bids was published on April 18,2016,and posted on the City’s website.The specifications were distributed to twelve prospective bidders,and faxed to eight Builder Exchanges.The Bid will expire within 64 days of bid opening which is July 20,2016.Two sealed bid proposals were received and publicly opened on May 17, 2016. The bid proposal prices were $237,425 and $295,725.50. Staff has determined SAK Construction Inc.LLC of Rocklin California,is the lowest responsive and responsible bidder with a submitted bid of $237,425.Its bid price is 21%above the original Engineer’s Estimate of $196,020.Staff determination was posted on the City Website on May 19, 2016. The City Attorney’s Office has reviewed and approved the construction contract as to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary Environmental Assessment for rehabilitation in F Street and Santa Clara Avenue and has determined that it falls within Class 1 and 2 Categorical Exemption set forth in CEQA Guidelines, Section 15301(d) (Existing facilities) and Section 15302(c) (Replacement or reconstruction) because this contract involves restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE Local Preference did not apply. Neither of the bids received were local businesses. FISCAL IMPACT This project will have no impact to the General Fund and is located in Council District 3.This project is identified in the five-year capital improvement plan.Funds in the amount of $358,000 are budgeted in the 2016 Sewer Enterprise Fund No. 40501. The fiscal impact of this contract will be $251,425. Attachments: Bid Evaluation and Fiscal Impact Statement City of Fresno Printed on 3/27/2023Page 2 of 3 powered by Legistar™ File #:ID16-718 Agenda Date:6/23/2016 Agenda #:1-D Vicinity Map Sample Contract City of Fresno Printed on 3/27/2023Page 3 of 3 powered by Legistar™ ON SANTA CLARA STREET AND F STREET PROJECT LOCATION DPU NOFED DIV I 1 rev.07-14 DPU-S WOI-091213 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC UTILITIES 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 SAK Construction, LLC (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: FRESNO SANITARY SEWER REHABILITATION F STREET AND SANTA CLARA STREET (Bid File No. 3455) 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 estimated monetary consideration of Two Hundred Thirty Seven Thousand Four Hundred Twenty Five dollars and Zero cents ($237,425.00), as set forth in the award and Bid Proposal pricing, 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. DPU NOFED DIV I 2 rev.07-14 DPU-S WOI-091213 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. SAK Construction, LLC 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: Thomas C. Esqueda, Director Department of Public Utilities Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard DPU-S WOI-091213 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Utilities City address: City of Fresno Attention: Orlando M. Gonzalez Professional Engineer 5607 W Jensen Fresno, CA 93706 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-729 Agenda Date:6/23/2016 Agenda #:1-E REPORT TO THE CITY COUNCIL June 23, 2016 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Approve a Lease Agreement between the City of Fresno and Henry Wang,an individual d/b/a.The Flight Line, for a restaurant at Fresno Chandler Executive Airport (Council District 3) RECOMMENDATION Staff recommends Council approve a Lease Agreement between the City of Fresno and Henry Wang, an individual d/b/a The Flight Line, (“Flight Line”) to lease the restaurant at Fresno Chandler Executive Airport (“FCH”) for five years. EXECUTIVE SUMMARY The restaurant located at FCH has been a staple of the Central Valley aviation community for many decades.The previous restaurateur went out of business approximately 18 months ago and the space has remained vacant since.This leasehold totals 1,396 square feet of restaurant and basement storage space within the historic Airport Administration Building at FCH.The term of the lease will be for five years at a rental rate of 10%of Flight Line’s gross revenue.The lessee,Mr. Henry Wang,has owned and operated restaurants in the downtown area and was most recently displaced due to the high-speed rail construction.The restaurant will be open a minimum of six days per week for breakfast and lunch. BACKGROUND Historically,the restaurant in the FCH Administration building has been an attractive destination for pilots throughout California and businesses from the Downtown Fresno area.During the recent vacancy,Airports upgraded and refreshed the restaurant,including installing new flooring, counters, finishes in the kitchen area, and modernized plumbing and mechanical systems. City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-729 Agenda Date:6/23/2016 Agenda #:1-E Through a competitive solicitation process,the Department invited interested parties to submit proposals and statements of qualifications to operate the restaurant at FCH.Airports received three responses,each of which included operating plans,relevant experience and financial background information.The submittals were evaluated by Airport Properties,Finance and Senior Management staff.Of the three proposals,it has been determined by the Department that Mr. Wang is the most qualified to operate the restaurant at FCH. Mr.Wang’s experience,established clientele,and commitment to serving Fresno’s downtown area, including previously operating the FCH restaurant between 1993 and 2000,provide a great opportunity for success at FCH.Mr.Wang had his formal culinary training under the tutelage of Chef FAN NING in the People’s Republic of China and has earned his American Citizenship. The lease agreement has been reviewed and approved as to form by the City Attorney’s office. ENVIRONMENTAL FINDINGS This is not a “project” pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108) does not apply as this is not a purchase of services, materials, supplies or equipment, or a competitive bidding solicitation. FISCAL IMPACT The annual revenue from this lease (a concession of 10%of gross revenues)is estimated to be $12,000.Total revenue for the five-year term is estimated to be approximately $60,000.All revenues will be deposited into the Airports Enterprise Fund and will contribute to the operation and maintenance of FCH.In addition,the restaurant operation will provide an economic benefit to the City and the airport by supporting aviation services,employment,and local sales tax revenues.There is no impact to the General Fund from this item. Attachments: Lease Agreement Site Map City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ FCH Restaurant Lease Agreement FRESNO CHANDLER EXECUTIVE AIRPORT LEASE AGREEMENT FOR RESTAURANT FACILITY By and Between CITY OF FRESNO A MUNICIPAL CORPORATION And HENRY WANG, AN INDIVIDUAL DBA THE FLIGHT LINE CAFE FCH Restaurant Lease Agreement TABLE OF CONTENTS Page # i SECTION 1. DEFINITIONS ................................................................................................ 1 SECTION 2. LEASED PREMISES & NEW IMPROVEMENTS ......................................... 1 A. Leased Premises.................................................................................................. 1 B. New Improvements .............................................................................................. 1 SECTION 3. TERM ............................................................................................................ 2 SECTION 4. RENT............................................................................................................. 2 A. Rent ....................................................................................................................... 2 B. Place of Payment: ................................................................................................ 2 C. Surety/Deposit ..................................................................................................... 3 SECTION 5. USE ............................................................................................................... 4 A. Use Terms and Conditions ................................................................................. 4 SECTION 6. CAPITAL IMPROVEMENTS / KITCHEN & DINING ROOMS ITEMS........... 4 SECTION 7. MAINTENANCE, REPAIRS .......................................................................... 5 A. Lessor’s Maintenance and Repair Obligations ................................................. 5 B. Lessee’s Maintenance and Repair Obligations ................................................. 5 C. Exclusive Use Premises ...................................................................................... 6 D. [Reserved.] ........................................................................................................... 6 E. Failure to Repair by Lessee ................................................................................ 6 F. Access .................................................................................................................. 7 SECTION 8. INSPECTION AND AUDIT BY LESSOR ...................................................... 7 A. Entry by Lessor for Inspection ........................................................................... 7 B. Records ................................................................................................................ 7 SECTION 9. INSURANCE AND INDEMNIFICATION ....................................................... 8 SECTION 10. TAXES ...................................................................................................... 12 A. Taxes and Assessments ................................................................................... 12 SECTION 11. SUBLETTING AND ASSIGNMENT .......................................................... 12 A. Right to Sublease............................................................................................... 12 B. Written Consent ................................................................................................. 13 C. Sublease Subject to Terms of this Lease ........................................................ 13 D. Right to Assignment .......................................................................................... 13 SECTION 12. UTILITIES ................................................................................................. 13 A. Costs and Expenses .......................................................................................... 13 SECTION 13. LIENS ........................................................................................................ 14 SECTION 14. TERMINATION BY LESSOR/EVENTS OF DEFAULT .............................. 14 A. Failure to Pay ..................................................................................................... 14 B. Material Terms ................................................................................................... 15 C. Insolvency .......................................................................................................... 15 D. Bankruptcy ......................................................................................................... 15 E. Abandon, Desert, or Vacate Leased Premises ................................................ 15 F. Non-Wavier ......................................................................................................... 15 SECTION 15. REMEDIES FOR EVENTS OF DEFAULT ................................................ 15 SECTION 16. SURVIVAL OF THE OBLIGATION OF LESSEE ...................................... 18 SECTION 17. ADDITIONAL RENT AND CHARGES ...................................................... 19 FCH Restaurant Lease Agreement SECTION 18. QUIET ENJOYMENT ................................................................................ 20 SECTION 19. TERMINATION BY LESSEE .................................................................... 20 A. Use of Airport for National Defense ................................................................. 21 B. Material Default .................................................................................................. 21 C. Public Health and Safety ................................................................................... 21 SECTION 20. NO WAIVER OF RIGHT TO DECLARE FORFEITURE ............................ 21 SECTION 21. LESSEE'S RIGHT TO REMOVE PROPERTY .......................................... 21 A. Right to Remove Property ................................................................................. 21 B. Failure to Remove Property .............................................................................. 22 C. Public Storage Facility ...................................................................................... 22 SECTION 22. SURRENDER OF PREMISES .................................................................. 22 SECTION 23. CONDEMNATION ..................................................................................... 22 A. Condemnation or Eminent Domain .................................................................. 22 SECTION 24. NON-DISCRIMINATION ........................................................................... 23 SECTION 25. SIGNS ....................................................................................................... 25 SECTION 26. GOVERNMENTAL REQUIREMENTS - RULES AND REGULATIONS ... 25 SECTION 27. NO REPRESENTATIONS OR WARRANTIES ......................................... 26 SECTION 28. ENVIRONMENTAL CONCERNS AND MONITORING REQUIREMENTS 26 SECTION 29. FORCE MAJEURE ................................................................................... 29 SECTION 30. BROKERAGE ........................................................................................... 29 SECTION 31. RELATIONSHIP OF PARTIES ................................................................. 29 SECTION 32. NO PARTNERSHIP, JOINT VENTURE OR JOINT ENTERPRISE .......... 29 SECTION 33. CONFLICT OF INTEREST ........................................................................ 30 SECTION 34. GIFT TO PUBLIC SERVANT .................................................................... 30 SECTION 35. CONSTRUCTION AND APPLICATION OF TERMS ................................ 30 SECTION 36. VENUE AND GOVERNING LAW ............................................................. 31 SECTION 37. SUCCESSORS AND ASSIGNS ............................................................... 31 SECTION 38. NOTICES .................................................................................................. 31 SECTION 39. LEASEHOLD MORTGAGES PERMITTED .............................................. 31 SECTION 40. SECTION HEADINGS ............................................................................... 33 SECTION 41. COUNTERPARTS..................................................................................... 33 SECTION 42. ENTIRE LEASE; NO ORAL MODIFICATIONS ........................................ 33 SECTION 43. SIGNATURES ........................................................................................... 34 LIST OF EXHIBITS ........................................................................................................... 34 FCH Restaurant Lease Agreement LEASE FOR RESTAURANT FACILITY AT FRESNO CHANDLER EXECUTIVE AIRPORT This Lease for Restaurant Facility at Fresno Chandler Executive Airport (“Airport”) (herein referred to as the “Lease”), by and between the CITY OF FRESNO, a California municipal corporation (herein referred to as “Lessor” or “City”) and Henry Wang, an individual, DBA The Flight Line Cafe (herein referred to as “Lessee”) (Lessor and Lessee herein together referred to as the “Parties”), is made and entered into on this ____ day of ____________, 2016 (the “Effective Date”), and evidences the following: WITNESSETH WHEREAS, Lessor owns and operates an airport in the City of Fresno, Fresno County, California, known as Fresno Chandler Executive Airport (the “Airport”); and WHEREAS, Lessor hereby desires to lease to Lessee, and Lessee hereby desires to accept from Lessor, the Leased Premises (as defined in Section 2.A of this Lease), for the purposes set forth in this Lease; and WHEREAS, Lessee agrees to use the Improvements on the Leased Premises in the manner provided for in this Lease. NOW, THEREFORE, in consideration of the rent herein provided to be paid by Lessee, and such other mutual covenants and consideration as herein provided, Lessor does hereby grant, lease and let to Lessee the Leased Premises upon the following terms and conditions: SECTION 1. DEFINITIONS A. The term “Director” or “Director of Aviation” shall mean the City of Fresno Director of Aviation or his/her designee. SECTION 2. LEASED PREMISES & NEW IMPROVEMENTS A. Leased Premises Lessor hereby lets and demises to Lessee and Lessee hereby leases and takes from Lessor approximately 1,396 square feet of restaurant and storage space within the existing Airport Administration Building, located at the Airport, as illustrated on Exhibit A attached hereto and incorporated herein (the “Leased Premises”). B. New Improvements Lessee does not propose to construct any new permanen t improvements to the Leased Premises. FCH Restaurant Lease Agreement SECTION 3. TERM This Lease shall commence on the Effective Date and expires on June 30, 2021 (the “Term”). “Lease Year” shall mean each calendar year during the term, beginning on the first day of the month following the Effective Date and each year thereafter, as applicable. In the event Lessee shall remain in possession of the Leased Premises or any part thereof following the end of the life of this Lease, and thus hold over the term hereof with or without the express written consent of Lessor, such holding-over occupancy shall be a tenancy from month to month only, terminable by either party hereto upon s ervice of a minimum of thirty (30) days advance written notice upon the other party. Such holding over shall be subject to all of the terms, rates, covenants, conditions, and provisions of this Lease applicable to a month-to-month tenancy. SECTION 4. RENT A. Rent No later than the tenth (10th) day of August, 2016, and the tenth day of each succeeding month thereafter until the termination of the lease, Lessee shall report and certify to City the Gross Receipts from sales under this Lease for the immediately preceding full calendar month as depicted on Exhibit B. Gross Receipts shall mean all receivables, whether actually received or not, from Restaurant customers, EXCEPT sales taxes and any other taxes separately stated to the customers that were merely collected by Lessee on behalf of the taxing authority or authorities shall not be included in Gross Receipts. The Gross Receipts reports shall be broken down into two categories: (i) Gross Receipts from the sale of food and non -alcoholic beverages, and (ii) Gross Receipts from the sale of beer and/or wine (if sold). The reports shall also report the cumulative Gross Receipts in each category for the previous 12-months. Together with the monthly reports, Lessee shall remit to City as rents and fees an amount equivalent to ten percent (10%) of the prior month’s Gross Receipts from all sales. B. Place of Payment: Rent shall be paid to Lessor at the address shown below or at such place or places at which Lessor may in writing direct the payment thereof from time to time during the term hereof. FCH Restaurant Lease Agreement City of Fresno Airports Department Attn: Airports Accounting 4995 E. Clinton Way Fresno, CA 93727 C. Surety/Deposit 1. Due Date, Type and Amount of Surety: Prior to the commencement of rental payments hereunder, Lessee shall provide Lessor, and shall thereafter maintain during the term of this Lease, a valid Surety instrument or surety amount, in an amount equal to one thousand dollars ($1,000.00), guaranteeing Lessee's fully and faithfully undertaking, observing, keeping and performing any and all of the terms, covenants, conditions, warranties, agreements, undertakings, and/or provisions hereof to be observed, kept, performed, and/or undertaken by Lessee. 2. Form of Surety: The surety instrument shall be in one of the following forms: i. A Surety Bond issued by an insurance company lawfully admitted and doing business in good standing in the State of California and authorized to write such bonds in said State; or ii. An Irrevocable Letter Of Credit established in favor of Lessor for the account of Lessee by a federally chartered bank located in the State of California and lawfully doing business in said State; or iii. An Automatically Renewable Certificate Of Deposit in the name of Lessor issued by a federally chartered Bank or Savings and Loan Association located in the State of California and lawfully doing business in said State (Interest may accrue to Lessee [Depositor]; or iv. A Cash Deposit (Lessor shall not be obligated or required to pay and shall not pay any interest whatsoever). 3. Return/Surrender/Release of Surety by Lessor: Except as provided within this Article, at the end of the Term hereof, such surety as shall have been provided by Lessee and which is then currently being held by Lessor shall be returned/ surrendered/released by Lessor, provided that there are no outstanding claims against Lessee. 4. Liquidated Damages: If this Lease is terminated early by Lessor pursuant to the default provisions, hereof, as a result of Lessee's failure to keep, observe, or perform any of the terms, covenants, conditions, warranties, agreements, or provisions hereof to be kept, observed, or performed by Lessee, the entire amount of such FCH Restaurant Lease Agreement surety instrument may be claimed, retained and used by Lessor as liquidated damages. SECTION 5. USE A. Use Terms and Conditions Subject to the other terms and conditions set forth in this Lease, the Leased Premises shall be used by Lessee for operating a restaurant. Lessee shall use the Leased Premises only for those uses specifically set forth in the immediately preceding sentence, unless Lessee obtains the prior written consent of the Director. Any use except for that which is expressly permitted by the Director is unauthorized. Lessor covenants and agrees during the Term hereof to operate and maintain Airport and its public airport facilities as a public airport consistent with the Sponsor's Assurances given by Lessor to the United States Government under the Federal Aviation Act. Lessee agrees to comply with applicable grant assurances given by the Lessor to the Federal Aviation Administration (“FAA”). Lessee shall have access to the Terminal Lobby building for cust omer ingress/egress to the restaurant. The Lessee may periodically use the lobby for overflow of diners during special events , provided that Lessee has written approval from the Lessor. Lessee shall use the Leased Premises in support of and in connection with the business of operating a restaurant and shall comply with the Minimum Standards for Fresno Chandler Executive Airport as approved by the City of Fresno City Council, including any future changes/alterations approved by the City Council. Lessee shall maintain restaurant operating hours open to the public, Tuesday through Saturday from the hours of 0630 to 1430 at a minimum. The required hours and days may be changed with the prior expressed written consent of the Director. SECTION 6. CAPITAL IMPROVEMENTS / KITCHEN & DINING ROOMS ITEMS Lessee does not propose to construct any new permanent improvements to the Leased Premises. Lessee shall supply the kitchen with its own equipment including a commercial dishwasher. The equipment shall remain the property of the Lessee and be removed upon expiration of the lease. FCH Restaurant Lease Agreement The kitchen hood and exhaust/makeup air unit, tables and chairs, the bar/countertop, and all other items provided by the Lessor at the execution of this Lease shall remain property of the Lessor and shall be returned upon the expiration of the Lease in the condition in which it was provided. SECTION 7. MAINTENANCE, REPAIRS A. Lessor’s Maintenance and Repair Obligations 1. Lessor hereby agrees to maintain in good repair and in a clean and orderly condition any common areas, public access areas, and other public areas of the Airport essential to Lessee's operations that conform with Lessor's and applicable Federal Aviation Administration (FAA) construction specifications. 2. Lessor shall be obligated to repair and maintain the foundation, exterior walls and the exterior roof of the Leased Premises. B. Lessee’s Maintenance and Repair Obligations 1. Lessee shall, at all times during the life of this Lease, at Lessee's own cost and expense, keep and maintain the Leased Premises including but not limited to: the interior of the restaurant and kitchen area, plumbing associated with the kitchen, electrical, lighting, pedestrian doors, and any and all other improvements constructed, installed, and/or located in and/or on said premises in good order and repair, free of rubbish, and in a clean, sanitary, sightly and neat condition (Lessor shall have no obliga tion to provide any services whatsoever in this regard). Lessee is responsible for maintenance and upkeep, including the proper cleaning of the restaurant systems and machinery, plumbing fixtures, and flooring. Lessee shall maintain the kitchen hood and exhaust systems, including all necessary grease removal and shall submit quarterly receipts of the hood inspection/cleaning and grease trap cleaning. 2. In the event Lessor deems any repairs required to be made by Lessee necessary and serves Lessee with written notice thereof, if, for any reason whatsoever, Lessee fails to commence such repairs and complete same with reasonable dispatch, Lessor may then make such repairs or cause such repairs to be made and SHALL NOT be responsible to Lessee for any loss or damage that may occur to Lessee's stock or business by reason thereof. If Lessor makes such repairs or causes such repairs to be made, Lessee agrees that the cost thereof shall be payable, AS ADDITIONAL RENT, along with the next monthly rental installment due hereunder after the completion of such repairs and the submission FCH Restaurant Lease Agreement by Lessor to Lessee of a statement of such cost, or if no further rental installments are then payable, within thirty (30) days following submission by Lessor of any such statement. 3. Lessee acknowledges: (1) it has not relied on the representations of Lessor or any of Lessor’s employees, agents or representatives; (2) it has inspected the Leased Premises; and (3) it agrees to accept the Leased Premises “AS-IS”, “WHERE-IS” AND “WITH ALL FAULTS” and in the condition in which such premises exist, including all known and unknown faults and/or deficiencies, recorded and/or unrecorded easements, on the Effective Date of this Lease. Lessee further agrees that the Leased Premises are suitable for Lessee’s intended uses of the Leased Premises, subject to Lessor's obligations under this Lease. C. Exclusive Use Premises With respect to the Leased Premises, Lessee shall, at its own cost and expense: 1. have the right, and to the extent hereinafter provided, the obligation (in accordance with applicable laws and ordinances and other applicable provisions of this Lease) to make repairs to or replacements of any new Improvements or other facilities constructed or installed on the Leased Premises; and 2. have the right to erect or install on the Leased Premises equipment or personal property necessary for the performance of any of Lessee’s operations, rights, and privileges provided for by this Lease), subject to the approval of the Director of Aviation; and 3. have the right to construct and install on the Leased Premises any improvements necessary for continuing operations (in accordance with applicable laws, regulations and ordinances and other applicable provisions of this Lease), subject to the prior written approval of the Director of Aviation; and 4. keep all fixtures, equipment and personal property, which are open to or visible to the general public, in a clean and orderly condition and appearance at all times (Lessee shall remove any of these items from public view if the Director of Aviation determines them to be unsightly); and 5. provide and maintain (except for mobile firefighting equipment) all fire protection and safety equipment of every kind and nature required by any code, law, rule, order, ordinance, resolution or regulation. D. [Reserved.] E. Failure to Repair by Lessee FCH Restaurant Lease Agreement Should any property on the Leased Premises require repairs, replacements, rebuilding or painting, and Lessee fails to commence same after a period of ten (10) days following written notice from the Director of Aviation, or Lessee fails diligently to continue to completion of the repair, replacement, rebuilding or painting of all the property required to be repaired, replaced, rebuilt or painted by Lessee under the terms of this Lease, Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, rebuild or paint all or any of the property included in the said notice, the actual cost thereof to be paid by Lessee on demand. Lessee shall not be responsible for damage to or repair of any property on the Leased Premises caused by Lessor's failure to properly perform any of the maintenance, which it is required to perform under this Lease. F. Access In the interest of public safety or where the location or nature of the work performed warrant it, Lessor shall have the continuing right to temporarily deny Lessee's access to or egress from the Leased Premises. Lessor shall, however, provide alternate means of access or egress necessary for Lessee’s operations reasonably satisfactory to the Parties Lessee understands that the restaurant is part of a larger terminal complex and City of Fresno staff or designees may need access through the Leased Premises from time to time. This includes access to the basement, upstairs tower area, plumbing and electrical systems, and other areas. SECTION 8. INSPECTION AND AUDIT BY LESSOR A. Entry by Lessor for Inspection Lessor may enter upon the Leased Premises at any reasonable time during normal business hours for any purpose connected with the performance of Lessor's or Lessee's obligations hereunder, including observing the performance by Lessee of obligations under this Lease; provided however, Lessor may enter upon the Leased Premises at any reasonable time to determine the condition of the Leased Premises from a standpoint of safety. B. Records Upon reasonable written notice given by Lessor, Lessee shall furnish to Lessor true and accurate records relating to this Lease, including but not FCH Restaurant Lease Agreement limited to, financial statements prepared in accordance with generally accepted accounting practices, reports, resolutions, certifications and other information as may be requested by the Lessor from time to time during the term of this Lease. Additionally, Lessor shall have the right, upon reasonable written notice given to Lessee, to cause an audit to be made, at Lessor’s expense, of the books and records of Lessee that relate to Lessee’s operations described in this Lease. Lessee agrees to keep all books and records relating to this Lease for a period of five (5) years after the end of the calendar year that such books and records pertain. The terms of this paragraph shall survive the termination or expiration of this Lease. SECTION 9. INSURANCE AND INDEMNIFICATION A. INDEMNIFICATION AND RELEASE To the furthest extent allowed by law, Lessee shall indemnify, hold harmless and defend Lessor, and its officers, officials, employees, agents and volunteers (hereinafter referred to collectively as “Lessor”) 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, including damage by fire or other casualty) incurred by Lesso r, Lessee 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 Lessee’s: (i) occupancy, maintenance and/or use of the Premises; (ii) use of all or any part of the Airport, including use of any public airport facilities and improvements, upon which the Premises is located; or (iii) performance of, or failure to perform, this Lease. Lessee’s obligations under the preceding sentence shall apply to any negligence of Lessor, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of Lessor. If Lessee should contract any work on the Premises or subcontract any of its obligations under this Lease, Lessee shall require each consultant, contractor and subcontractor to indemnify, hold harmless and defend Lessor, and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. FCH Restaurant Lease Agreement Lessee’s occupancy, maintenance and use of the Premises, and any part of the Airport, including any public airport facilities and improvements, upon which the Premises is located, shall be at Lessee’s sole risk and expense. Lessee accepts all risk relating to Lessee’s: (i) occupancy, maintenance and/or use of the Premises; (ii) use of all or any part of the Airport, including use of any public airport facilities and improvements, upon which the Leased Premises is located; and (iii) the performance of, or failure to perform, this Lease. Lessor shall not be liable to Lessee or Lessee’s insurer(s) for, and Lessee and its insurer(s) hereby waives and releases Lessor from, any and all loss, liability, fines, penalties, forfeitures, costs or damages resulting from or attributable to an occurrence on or about the Leased Premises, or any part of the Airport, including any public airport facilities and improvements, upon which the Leased Premises is located, in any way related to the Lessee’s operations and activities. Lessee shall immediately notify Lessor of any occurrence on the Leased Premises, or any part of the Airport, including any public airport facilities and improvements, upon which the Leased Premises is located, resulting in injury or death to any person or damage to property of any person. The provisions of this Section A shall survive termination or expiration of this Lease. B. INSURANCE Throughout the life of this Lease, Lessee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by Lessor’s Risk Manager or his/her designee. The following policies of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include coverage for “bodily injury”, “property damage” and “personal and advertising injury”, including premises and operation, products and completed operations, and contractual liability (including, without limitation, indemnity obligations under this Lease) with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury, $1,000,000 per occurrence for fire or damage to leased premises, $2,000,000 aggregate for products and completed operations and $2,000,000 general aggregate. COMMERCIAL LIQUOR LIABILITY (if Lessee chooses to sell alcohol) insurance shall be endorsed to include coverage for liquor liability with limits of not less than $1,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate. FCH Restaurant Lease Agreement COMMERCIAL AUTOMOBILE LIABILITY (if Lessee has a company vehicle) insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non -owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iv) WORKERS' COMPENSATION insurance as required under the California Labor Code. (v) EMPLOYERS’ LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit. Lessee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Lessee shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the Lessor’s Risk Manager or his/her designee. At the option of the Lessor’s Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects Lessor, its officers, officials, employees, agents and volunteers; or (ii) Lessee shall provide a financial guarantee, sa tisfactory to Lessor’s Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall Lessor be responsible for the payment of any deductibles or self -insured retentions. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to Lessor. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, Lessee shall furnish Lessor with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the Lease, Lessee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. The General Liability, Liquor Liability and Automob ile Liability insurance policies shall be written on an occurrence form and shall name Lessor, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Lessee’s insurance shall be primary and no contribution shall be required of Lessor. The coverage shall contain no special limitations on the scope of protection afforded to Lessor, its officers, officials, employees, agents and volunteers. Should any of these policies provide FCH Restaurant Lease Agreement that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to Lessor, its officers, officials, agents, employees and volunteers. Lessee shall furnish Lessor with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the Lessor’s Risk Manager or his/her designee prior to Lessor’s execution of this Lease. Such evidence of insurance shall be provided Lessor at the following address: City of Fresno Airports Department 4995 E. Clinton Way Fresno, CA 93727 Upon request of Lessor, Lessee shall immediately furnish Lessor with a complete copy of any insurance policy required under this Lease, 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 Lease. 7. Any failure to maintain the required insurance shall be sufficient cause for Lessor to terminate this Lease. No action taken by Lessor hereunder shall in any way relieve Lessor of its responsibilities under this Lease. 8. The fact that insurance is obtained by Lessee shall not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify Lessor, and its officers, officials, employees, agents and volunteers 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 Lessee. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Lessee. 9. Lessee and its insurers hereby waive all rights of recovery against Lessor and its officers, officials, employees, agents and volunteers, on account of injury, loss by or damage to the Lessee or its officers, employees, agents, consultants, contractors, subcontractors, invitees and volunteers, or its property or the property of others under its care, custody and control. Lessee shall give notice to its insurers that this waiver of subrogation is contained in this Lease. This requirement shall survive termination or expiration of this Lease. 10. If Lessee should contract any work on the Premises or subcontract any of FCH Restaurant Lease Agreement its obligations under this Lease, Lessee shall require each consultant, contractor and subcontractor to provide insurance protection in favor of Lessor, its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the consultants’, contractors’ or subcontractors’ certificates and endorsements shall be on file with Lessee and Lessor prior to the commencement of any work by the subcontractor. SECTION 10. TAXES A. Taxes and Assessments In addition to the rentals, fees, and charges herein set forth, Lessee shall pay, as and when due (but not later than fifteen [15] days prior to the delinquency date thereof) any and all taxes and general and special assessments of any and all types or descriptions whatsoever which, at any time and from time to time during the term of this Lease, may be levied upon or assessed against Lessee, the Leased Premises and/or any one or more of the improvements located therein or thereon and appurtenances thereto, other property located therein or thereon belonging to Lessor or Lessee, and/or upon or against Lessee's interest(s) in and to said Premises, improvements and/or other property, including possessory interest as and when such be applicable to L essee hereunder. NOTE: Any interest in real property which exists as a result of possession, exclusive use, or a right to possession or exclusive use of any real property (land and/or improvements located therein or thereon) which is owned by the City of Fresno (Lessor) is a taxable possessory interest, unless the possessor of interest in such property is exempt from taxation. With regard to any possessory interest to be acquired by Lessee hereunder, Lessee, by its signatures hereunto affixed, warrants, stipulates, confirms, acknowledges and agrees that, prior to its executing this lease, Lessee either took a copy hereof to the office of the Fresno County Tax Assessor or by some other appropriate means, independent of Lessor or any employee, agent, or representative of Lessor, determined, to Lessee's full and complete satisfaction, how much Lessee will be taxed, if at all. SECTION 11. SUBLETTING AND ASSIGNMENT A. Right to Sublease Provided that such sublease does not violate any of the material terms or provisions of this Lease, including authorized use, Lessee may have the right to sublet any part of the Leased Premises with prior written consent of the Lessor, during the term of this Lease. Any such subletting shall not be considered a release of Lessee from any of its obligations under this Lease. FCH Restaurant Lease Agreement B. Written Consent If Lessee should desire to sublet the Leased Premises as a whole, Lessee may do so only after securing the written expressed consent of Lessor. A subletting of the whole Leased Premises, if permitted, shall not release Lessee from its obligations hereunder. Lessor has no obligation to approve any sublease. C. Sublease Subject to Terms of this Lease Lessee shall not sublease this Lease, in whole or in part, without the prior expressed written consent of Director of Aviation. Should Lessee sublease a portion of the Leased Premises or specific permanent improvements constructed on the Leased Premises, the terms of any sublease agreement of the Leased Premises shall be expressly subject to th e terms of this Lease and Lessee shall provide Lessor with a copy of any sublease agreement entered into with any sublessee within fifteen (15) days after the sublease agreement has been entered into, along with any sublessee’s name, address and telephone number. D. Right to Assignment Lessee shall not assign this Lease, in whole or in part, without the prior expressed written consent of the Director of Aviation. An assignment shall not be considered a release of Lessee of any of Lessee's obligations under the terms of the Lease. Lessor reserves the right to require a new agreement with the Assignee which may consist of new terms, rates, and conditions for the leasehold as a required condition of the assignment. Lessor has no obligation to approve any assignment. SECTION 12. UTILITIES A. Costs and Expenses 1. During the term hereof, Lessee shall make its own arrangements for and pay all charges for telephone, internet, trash collection and other utility service(s) (“Utilities”) supplied to and used on the Leased Premises. All such charges shall be paid before delinquency, and Lessor and the Leased Premises shall be protected and held harmless by Lessee therefrom. Should Lessee make arrangements for any Utilities through the City's Finance Department's Utilities Billing and Collection Section (e.g. water, sewage, and/or solid waste [trash] disposal), Lessee agrees to pay to Lessor, monthly, upon receipt of the billing(s) therefor at the then current rates as established from time to time by ordinances of Lessor for such services, such sum(s) as shall be due for any and FCH Restaurant Lease Agreement all such services provided to the Leased Premises during the term hereof. 2. Upon Lessee's obtaining of any and all required permits and the payment of any required charges or fees, Lessee is here by granted the right to connect to any and all storm drains, sanitary sewers and/or water and utility outlets as shall be available and/or provided to service the Leased Premises. 3. The construction/installation of any and all connections to any and all utility systems, including, without limitation, water service lines and associated fixtures, piping, plumbing and hardware, sewer connector lines, and storm drain inlets, feeder lines, etc., shall be the obligation of Lessee except for the for the initial set-up and connections at the start of the lease which shall be the obligation of the Lessor. 4. Lessor shall not be liable to Lessee for any interruption in or curtailment of any utility service, nor shall any such interruption or curtailment constitute a constructive eviction or grounds for rental abatement in whole or in part hereunder. SECTION 13. LIENS Lessee shall cause to be removed any and all liens of any nature arising out of or because of any construction, renovation, or remodeling performed by it or any of its contractors or subcontractors on the Leased Premises, or arising out of or because of the performance of any work or labor by it or them, or the furnishing of any material to it or them for use in making improvements on the Leased Premises . Lessee may, however, contest the validity or amount of such liens. The foregoing provision is not intended to prevent any reasonable method of construction financing by Lessee. SECTION 14. TERMINATION BY LESSOR/EVENTS OF DEFAULT Either party may terminate the Lease at any time and without cause by serving written notice upon the other party no less than thirty (30) days before such termination is to be effective. Additionally, Lessor reserves the right to terminate this Lease before the end of the Term or during any option period if any of the following circumstances should occur: A. Failure to Pay Lessee shall fail to make any payment due Lessor under this Lease on the date that same is due, as described in Section 4.B., and shall not cure such failure within thirty (30) days after written notice thereof to Lessee. After such a period of default, the Director of Aviation may deliver or cause to be delivered to Lessee a written notice of termination of this Lease. Lessee's receipt of such written notice shall be sufficient to terminate this Lease. Receipt shall be defined as the third (3rd) business day following deposit in regular U.S. Mail of a certified, postage pre -paid envelope FCH Restaurant Lease Agreement containing notice of termination to be delivered to Lessee's address as indicated in Section 43 herein. B. Material Terms Other than as set forth in Section 14.A above, if Lessee shall fail to meet and observe any material term, condition or covenant of this Lease and shall fail to cure the same within thirty (30) days after receipt of written notice thereof by the Director of Aviation to Lessee, or, if such failure cannot reasonably be cured within the said thirty (30) days, Lessee shall not have commenced to cure such failure within said th irty (30) period or shall not have commenced to cure such failure within such thirty (30) day period with reasonable diligence and good faith. C. Insolvency Lessee shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors, or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee. D. Bankruptcy Lessee shall file a voluntary petition under any section or chapter of the National Bankruptcy Act, as amended, or any similar law or statute of the United States or any State thereof, or an involuntary petition in bankruptcy is filed against Lessee and is not dismissed within sixty (60) days after such filing. E. Abandon, Desert, or Vacate Leased Premises Lessee shall abandon, desert, or vacate the Leased Premises, except as a result of a Force Majeure event as set forth in Section 33 of this Lease, provided, however, that Lessee's failure to occupy the Leased Premises due to a condition described in Section 19.A or Section 19.C under this Lease shall not constitute an event of default hereunder and shall not permit Lessor to terminate this Lease. F. Non-Wavier Lessor’s failure to exercise its right to terminate this Lease upon determination of a default shall not waive Lessor’s right to terminate this Lease at any subsequent time during the remaining term of this Lease unless such default has been cured in all material respects. SECTION 15. REMEDIES FOR EVENTS OF DEFAULT FCH Restaurant Lease Agreement 1. Abandonment: If Lessee abandons the Leased Premises, this lease shall continue in effect. Lessor shall not be deemed to terminate this Lease as a result of such material default and breach other than by written notice of termination served upon Lessee by Lessor, and Lessor shall have all of the remedies available to Lessor under Section 1951.4 of the Civil Code of the State of California so long as Lessor does not terminate Lessee's right to possession of the Leased Premises, and Lessor may enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due under this Lease. After abandonment of the Leased Premises by Lessee, Lessor may, at any time thereafter, give notice of termination. 2. Termination: Following the occurrence of any material default and breach of this Lease by Lessee as set forth within this Section, above, Lessor may then immediately, or at any time thereafter, terminate this Lease by service of a minimum of ten (10) days advance written notice to such effect upon Lessee and this lease shall terminate at the end of day, on the termination date specified within such notice. 3. Such notice shall set forth the following: a. The default and breach which resulted in such termination by Lessor; and i. Demand For Possession, which, in the event only ten (10) days advance notice shall be given by Lessor, shall be effective on the eleventh (11th) calendar day following the date on which the notice in which such demand is contained shall be sufficiently served upon Lessee by Lessor in conformity with the "Notice" provisions of this Lease; or, if more than the minimum number of days advance notice shall be given, at on the next day following the date specified within such notice as being the date of termination hereof. b. Such notice may contain any other notice which Lessor shall be required or desire to give under this Lease. 4. Possession: Following termination of this Lease by Lessor pursuant to the provisions of this Section, without prejudice to other remedies Lessor may have by reason of L essee's default and breach and/or by reason of such termination, Lessor may: a. Peaceably re-enter the Leased Premises upon voluntary surrender thereof by Lessee or remove Lessee and/or any other persons and/or entities occupying the Leased Premises therefrom, using such legal proceedings as may FCH Restaurant Lease Agreement be available to Lessor under the laws or judicial decisions of the State of California; b. Repossess the Leased Premises or re-let the Leased Premises or any part thereof for such term (which may be for a term extending beyond the term of this Lease) at such rental and upon such other terms and conditions as Lessor in Lessor's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Leased Premises; and c. Remove all personal property therefrom and store all personal property not belonging to Lessor in a public warehouse or elsewhere at the cost of and for the account of Lessee. 5. Recovery: Following termination of this Lease by Lessor pursuant to the provisions above, Lessor shall have all the rights and remedies available to Lessor under Section 1951.2 of the Civil Code of the State of California. The amount of damages Lessor may recover following such termination of this lease shall include: a. The worth at the time of award of the unpaid rent which had been earned at the time of termination of this Lease; b. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of this Lease until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; c. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period Lessee proves could be reasonably avoided; and d. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. 6. Additional Remedies: Following the occurrence of any material default and breach of this Lease by Lessee as set forth within this Article, above, in addition to the foregoing remedies, Lessor may maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Leased Premises and, so long as this Lease is not terminated by Lessor or by a decree of a court of competent jurisdiction, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due thereunder and, during any such period, FCH Restaurant Lease Agreement Lessor shall have the right to remedy any default of Lessee, to maintain or improve the Leased Premises without terminating this Lease, to incur expenses on behalf of Lessee in seeking a new Lessee, to cause a receiver to be appointed to administer the Leased Premises, and to add to the rent payable hereunder all of Lessor's reasonable costs in so doing, with interest at the maximum reasonable rate then permitted by law from the date of such expenditure until the same is repaid. 7. Other: In the event Lessee causes or threatens to cause a breach of any of the covenants, terms or conditions contained in this Lease, Lessor shall be entitled to obtain all sums held by Lessee, by any trustee or in any account provided for herein, to enjoin such breach or threatened breach and to invoke any remedy allowed at law, in equity, by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. 8. Cumulative Remedies: Each right and remedy of Lessor provided for in this Article or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and shall not preclude Lessor from exercising any other rights or from pursuing any other remedies provided for in this Lease now or hereafter available to Lessor under the laws or judicial decisions of the State of California. 9. Indemnification: Nothing contained within this Article affects the right of Lessor to indemnification by Lessee, as elsewhere within this Lease provided, for liability arising from pe rsonal injuries or property damage prior to the termination of this Lease. SECTION 16. SURVIVAL OF THE OBLIGATION OF LESSEE A. In the event that this Lease is terminated in accordance with the provisions of this Lease, and in the event that Lessor has re -entered, regained or resumed possession of the Leased Premises, all rent obligations of Lessee under this Lease shall survive such termination or cancellation, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full term of this Lease, and the amount or amounts of rent or charges shall become due and payable to Lessor to the same extent, at the same time or times and in the same manner as if no termination, cancellation, re -entry, regaining or resumption of possession had taken place. FCH Restaurant Lease Agreement B. In the event that this Lease is terminated in accordance with the provisions of this Lease, and in the event that Lessor h as re-entered, regained or resumed possession of the Leased Premises, all of Lessee’s environmental obligations under this Lease shall survive such termination or cancellation, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full term of this Lease. C. Lessor, upon termination or cancellation, or upon re -entry, regaining or resumption of possession pursuant to this Lease, may occupy the Leased Premises or may relet the Leased Premises, and shall have the right to permit any person, firm or corporation to enter upon the Leased Premises and use the same. Such reletting may be of the entire Leased Premises or a part thereof, or of the Leased Premises or a part thereof together with other space, and for a period of time the same as or different from the balance of the term remaining under this Lease, and on terms and conditions the same or different from those set forth in this Lease. Lessor shall, upon termination or cancellation, or upon re -entry, regaining or resumption of possession pursuant to this Lease, have the right to repair or to make structural or other changes to the Leased Premises, including changes which alter the character of the Leased Premises and the suitability thereof for the purposes of Lessee under this Lease, without unreasonably affecting or altering or diminishing the value of the Leased Premises or the obligations of Lessee hereunder. Any reletting shall not be construed to be an acceptance of surrender. Lessor shall attempt to relet the Leased Premises as soon as reasonably possible. D. In the event of any reletting or any actual use and occupancy by Lessor (the mere right to use and occupy not being sufficient, however) there shall be credited to the account of Lessee against its survived payment obligations under this Lease any amount actually received by or accruing to Lessor from any lessee, licensee, permittee or other occupier in connection with the use of the Leased Premises or portion thereof during the balance of the Lease as the same is originally stated in this Lease, or from the market value of the occupancy of such portion of the Leased Premises as Lessor may receive or accrue for its benefit during such period of actual use and occupancy; provided however, notwithstanding the value of any amounts received by Lessor, Lessor shall never owe Lessee for any actions in this Section 16.D. SECTION 17. ADDITIONAL RENT AND CHARGES If Lessor has paid any sum or sums, or has incurred any obligations or expense, which Lessee has agreed to pay or reimburse Lessor for, or Lessor is required to pay any sum or sums or incurs any obligations or expense by reason of the failure, neglect or refusal of Lessee to perform or fulfill any one or more of the conditions or due to regulatory fines assessed to Lessor which are the result of actions or inactions of Lessee or of FCH Restaurant Lease Agreement Lessee’s failure to comply with Federal, State o r Local regulations, covenants or agreements contained in this Lease or as a result of any act or omission of Lessee contrary to the conditions, covenants and agreements of this Lease, Lessee agrees to pay the sum or sums so paid or the expense so incurred, including all interest, costs, damages and penalties, and the same may be added to any installment of rent thereafter due under this Lease. Each and every part of the additional sums incurred under this provision shall constitute additional rent, recoverable by Lessor in the same manner and with the same remedies as if it were originally a part of the basic rental. SECTION 18. QUIET ENJOYMENT A. Lessor covenants that as of the Effective Date of this Lease, it has good, right and lawful authority to execute this Lease, that Lessor has good and indefeasible title to all lands, improvements and related facilities, including all premises leased hereunder free and clear of all liens, claims and encumbrances, and that throughout the term hereof, Lessee shall have, hold and enjoy peaceful and uninterrupted possession of the premises leased hereunder, subject always to the payment of the rent and other charges and the performance of the covenants, as herein provided to be paid and performed by Lessee. These covenants extend to and shall be enforceable by Lessee and, in the event of Lessee’s default, its sublessees and permitted assigns. B. Notwithstanding any provision of this Lease, Lessor expressly reserves its proprietary rights, whatever they may be and upon reasonable advance notice to Lessee, to impose reasonable regulations which might have the effect of limiting Lessee’s operations during the term of this Lease, provided such regulations are imposed for the purpose of promoting the safety and welfare of the citizens of the City of Fresno. It is understood that Lessor’s position is that Lessor is not liable to Lessee for any damages resulting from compliance with the regulations by Lessee. However, it is understood that Lessee reserves the right, whatever it may be, to contest any such regulations and protect its interests. C. Lessee understands and acknowledges that Lessor is attempting to control or reduce the level of noise in neighborhoods near the Airport. Therefore, Lessee agrees that it shall: (i) undertake good faith efforts to control and reduce as much as is practicable the noise emanating from operations of the Leased Premises or in conjunction with the activities conducted thereon; (ii) conduct all of its operations and activities in a manner having due regard for noise levels in neighborhoods in close proximity to the Airport; and (iii) shall at all times act in good faith to cooperate with and support Lessor in its efforts to reduce noise from the Airport's operations. SECTION 19. TERMINATION BY LESSEE FCH Restaurant Lease Agreement Before the end of the Term, Lessee may terminate this Lease and any or all of its obligations hereunder at any time that Lessee is not in default in the payment of any amounts due to Lessor by giving Lessor sixty (60) days' written notice upon or after the happening of any one of the following events or Lessee may elect to abate rental and extend the Term as provided in this Section 19: A. Use of Airport for National Defense The assumption by the United States Government, or any agency or instrumentality thereof, of the operations, control or use of the Airport for National Defense in such a manner as to preclude Lessee, for a period of ninety (90) days or more, from using such Airport in the conduct of its business. Lessor shall not be liable to Lessee if the latter is so dispossessed, but for any time that such takes place, the rental required of Lessee shall be abated, and that period of time shall be added as an extension of the Term. The foregoing provision is not intended to waive any rights or privileges which either Lessor or Lessee may possess as to compensation of any kind from the United States Government, or any agency or instrumentality thereof for such an assumption of use or control of the Airport as is described in this Section 19. B. Material Default A material default on the part of Lessor to meet and observe any of the covenants herein contained, if such default has continued for a period of one hundred and twenty (120) days or more after written notice to Lessor by Lessee, unless Lessor has begun, and is continuing, in good faith, to remedy the default in such interval. C. Public Health and Safety Where a public health or safety demand causes Lessor to restrict Lessee’s full and unrestricted access and egress to and from the Leased Premises or other public airport facilities in such a manner that the Leased Premises are not fit for their intended purpose for a period of ninety (90) days or more, the rent required of Lessee shall be abated during any such restricted period and that period of time shall be added as an extension of the term of this Lease. SECTION 20. NO WAIVER OF RIGHT TO DECLARE FORFEITURE Any failure or neglect of Lessor or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder shall not be taken or considered as a waiver of the rights thereafter to declare a forfeiture for like or other or succeeding breach or default. SECTION 21. LESSEE'S RIGHT TO REMOVE PROPERTY A. Right to Remove Property FCH Restaurant Lease Agreement Lessee shall be entitled, during the term of this Lease and upon termination hereof, to remove from the Leased Premises, or any part thereof, all personal property, trade fixtures, tools, machinery, equipment, portable buildings, materials and supplies placed thereon by it; provided that: (i) Lessee shall repair all damage resulting from such removal and (ii) Lessee shall not owe Lessor any rental, fees or additional rental, pursuant to the Lease. Lessor will allow Lessee not more than thirty (30) days after the termination date hereof for such removal unless additional time is mutually agreed upon. B. Failure to Remove Property If Lessee fails to remove its property within thirty (30) days after the termination of or expiration of this Lease, Lessor may remove such property to a public warehouse for deposit or retain the same in its own possession at the cost of, and for the account of Lessee, without becoming liable for any loss or damage which may be occasioned thereby. If Lessee fails to take possession and remove such property, after paying any appropriate rental or storage fees, within sixty (60) days after termination of the Lease, the proper ty shall be deemed to be abandoned and Lessor may dispose of same as required by law. In the event Lessor shall remove or cause to be removed any personal property from the Leased Premises, pursuant to this Section 21.B, Lessor shall not be held liable or responsible for any damage incurred to Lessee’s personal property as a result of such removal. C. Public Storage Facility In the event Lessor assumes possession of the Leased Premises prior to lease termination, Lessor may remove all of Lessee’s property f rom the Leased Premises and store the same in a public storage facility or elsewhere at the cost of, and for the account of, Lessee, without becoming liable for any loss or damage which may be occasioned thereby. SECTION 22. SURRENDER OF PREMISES Lessee covenants and agrees to yield and deliver peaceably to Lessor possession of the Leased Premises, on the date of cessation of the letting, whether such be by termination, expiration or otherwise, promptly and in as good condition as at the commencement of the letting, except for reasonable wear and tear arising from the use of the Leased Premises, to the extent permitted elsewhere in this Lease and except for damage or destruction by fire or casualty not caused by Lessee's negligence. SECTION 23. CONDEMNATION A. Condemnation or Eminent Domain FCH Restaurant Lease Agreement If, during the term of this Lease, as the same may be extended under the terms hereof, or otherwise by agreement of the parties hereto, the entire Leased Premises shall be taken by condemnation or eminent domain proceedings, and such taking relates to the entire fee simple of the Leased Premises, as well as the right, title and interest of Lessee, then this Lease shall terminate effective as of the effective date of such taking, and all rights, titles, interests, covenants, agreements and obligations of the parties hereto thereafter accruing shall cease and terminate except as hereinafter set forth. In the event of such taking, the entire compensation and damages (if not apportioned by the condemnation decree) sha ll be fairly and equitably apportioned between the Parties in accordance with respective damage and loss sustained by the fee simple estate and the leasehold estate granted hereunder. If, during the term of this Lease, a portion of the Leased Premises, shall be taken and Lessor and Lessee mutually agree that the remaining portion of the Leased Premises can be used for the uses permitted under this Lease, then the Lease will continue and the rental thereafter payable by Lessee shall be reduced in the same proportion as the area of the part taken by condemnation shall bear to the total area of the Leased Premises, including value of the improvements immediately prior to the condemnation; provided, however, that if Lessee, in its discretion, determines that so much of the Leased Premises has been taken as to materially impair the operation of Lessee's business, Lessee shall have the option to terminate this Lease as of the date of such taking by giving written notice to Lessor of termination within fifteen (15) days after possession of such part has been taken, whereupon this Lease shall be of no further force or effect, and Lessor and Lessee shall be relieved of any obligations or liabilities under this Lease as of the date of such taking. Any compensation and damages that may be the result of such taking shall (if not apportioned by a condemnation decree) be fairly and equitably apportioned between the Parties. SECTION 24. NON-DISCRIMINATION A. Lessee, for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for a purpose for which a Department of Transportation (“DOT”) program or activity is extended or for another purpose involving the provisions of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. FCH Restaurant Lease Agreement B. Lessee, for itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land that: (i) no person on the grounds of race, color, national origin, or disability shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (ii) in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (iii) Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C. Lessee ensures that it will comply with pertinent statutes, executive orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from federal assistance. This provision obligates Lessee or its transferee for the period during which federal assistance is extended to th e airport program, except where federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the provision obligates Lessee or any transferee for the longer of the following periods: (i) the period during which the property is used by the sponsor or any transferee for a purpose for which federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (ii) the period during which the airport sponsor or any transferee retains ownership or possession of the property. D. Lessee agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Parts 23 and 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this Lease. In this regard, Lessee shall take all necessary and reasonable steps in accordance with 49 CFR Parts 23 and 26 to ensure that disadvantaged busin ess enterprises have the maximum opportunity to compete for and perform such contracts. Lessee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. E. As a condition of this Lease, Lessee covenants that it will take all necessary actions to insure that, in connection with any work under this Lease, Lessee, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or disability FCH Restaurant Lease Agreement unrelated to job performance, either directly, indirectly or through contractual or other arrangements. Lessee shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard, Lessee shall keep, retain and safeguard all records relating to this Lease or work performed hereunder for a minimum period of three (3) years from final lease completion, with full access allowed to authorized representatives of Lessor, upon request, for purposes of evaluating compliance with this and other provisions of this Lease. F. In the event of Lessee's breach of any of the above nondiscrimination covenants, Lessor, according to the provisions of this Lease, shall have the right to terminate this Lease and to re-enter and repossess the Leased Premises and the facilities thereon, and hold the same as if the Lease had never been made or issued. SECTION 25. SIGNS A. Approval of Signs All exterior signs on the Leased Premises shall comply with the pertinent ordinances of the City of Fresno, and also shall be approved by the Director of Aviation. Unless otherwise specifically authorized, all exterior signs on the Leased Premises shall conform in general appearance to the existing signs displayed at the Airport. B. Removal of Signs Upon the expiration or termination of this Lease, Lessee shall remove, obliterate or paint out, as required by the Director of Aviation, any and all signs and advertising on the Leased Premises if pertaining to Lessee, and in this regard, Lessee shall restore the Leased Premises to the same condition as prior to the placement thereon of any signs or advertising, ordinary wear and tear excepted. In the event that Lessee fails to remove, obliterate or paint out each and every sign or advertisement of Lessee the Director of Aviation may, at his or her option, have the necessary work performed at the expense of Lessee, and the charge therefore shall be paid by Lessee to Lessor upon demand. SECTION 26. GOVERNMENTAL REQUIREMENTS - RULES AND REGULATIONS A. Lessee agrees to obtain, from all governmental authorities having jurisdiction, all licenses, certificates and permits necessary for the conduct of its operations on the Leased Premises and to keep them current. FCH Restaurant Lease Agreement B. In conducting those operations permitted on the Leased Premises as set forth in Section 5, throughout this Lease, and in construction and installation of facilities and improvements, Lessee agrees to comply with all present and future federal, state, and local laws, statutes, orders, rulings, and rules and regulations, and amendments thereto, including, but not limited to, any laws, ordinances, statutes, orders, and rules and regulations and federal grant assurances agreed to by the Lessor in accepting any grants pursuant to the Airport Improvement Program created by the Airport and Airway Improvement Act of 1982 (Public Law 97-248), as amended or replaced by successor programs. C. Lessor has established, and may, from time to time, establish or modify, rules and regulations pertaining to the Airport and Lessee covenants to observe all such rules and regulations. Nothing in this Section 26 shall be construed to imply that Lessee is waiving its right to contest or challenge such rules and regulations. SECTION 27. NO REPRESENTATIONS OR WARRANTIES Subject to Lessor's obligations under this Lease, Lessee acknowledges and agrees by its acceptance hereof that the Leased Premises is conveyed "as is, where is", in its present condition with all faults and subject to all easements, claims of easements and deed restrictions whether recorded or unrecorded in the public records, and that Lessor has not made and does not hereby make and specifically disclaims any representations, guarantees, promises, covenants, agreements, or warranties of any kind or charact er whatsoever, unless otherwise provided for herein, whether express or implied, oral or written, past, present, or future of, as to, concerning or with respect to the nature, quality or condition of the Leased Premises, the income to be derived, the suita bility of the Leased Premises for uses allowed under this Lease, or merchantability or fitness for a particular purpose. SECTION 28. ENVIRONMENTAL CONCERNS AND MONITORING REQUIREMENTS A. Lessee hereby releases, discharges and holds Lessor harmless from, and agrees to indemnify Lessor against claims, liabilities, suits, damages, expenses and fines arising out of or resulting from any release, discharge, spill, contamination or pollution by or from hazardous wastes or substances on the Leased Premises caused by or arising from the failure of Lessee, its sublessees, contractors, subcontractors, agents, officers invitees or representatives to comply with any applicable Governmental Regulations (as defined herein). Lessee shall have the sole responsibility for the remediation of, and shall bear all costs and liabilities for any release, discharge, spill, contamination or pollution by or from hazardous wastes or substances: (i) caused by Lessee, its sublessees, contractors, subcontractors, agents, officers invitees and representatives, or (ii) occurring on or under the Leased Premises during the term of this Lease. FCH Restaurant Lease Agreement Lessee's obligations and liabilities under this paragraph shall continue only if and so long as Lessee is and remains responsible for any such release , spill, discharge, or contamination of hazardous substances or wastes as described in the immediately preceding sentence. Notwithstanding any provision in this Section 28 or any other provision of this Lease, Lessee shall not be liable for any release, spill discharge, contamination or pollution by or from hazardous wastes or substances (a) occurring or existing prior to the Effective Date of this Lease, unless caused by Lessee; (b) caused by Lessor, its contractors, subcontractors, agents, officers, invitees, or representatives; or (c) occurring after expiration or earlier termination of the term of this Lease, and not caused by Lessee or a sublessee or a customer of either. In addition, notwithstanding any provision in this Section 28 or any other provision of this Lease, Lessee shall not be liable for any release, spill, discharge, contamination or pollution by or from hazardous wastes or substances resulting from any underground storage tanks, pits or hydrant systems under the Leased Premises that are not otherwise owned or operated by Lessee. B. Lessee acknowledges that its uses of the Leased Premises and the operations, maintenance and activities conducted thereon may be subject to federal, state and local environmental laws, rules and regulations, collectively referred to as “Governmental Regulations”, including with limitation, the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), as amended, the Resource Conservation and Recovery Act (“RCRA”), as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, and other regulations promulgated thereunder by any federal, state or local governmental agencies. As a material covenant of this Lease, Lessee, at its sole expense, shall comply with all such present and future Governmental Regulations applicable to Lessee's construction, operations, maintenance, use and activities on the Leased Premises. C. Lessee shall, at its sole expense, make all submissions and provide all information to the appropriate governmental authorities of the state, the U.S. Environmental Protection Agency (“USEPA”) and any other local, state or federal authority or agency which requires submission of information regarding any spill, discharge or other reportable release of hazardous wastes or substances for which Lessee or its sublessee is responsible on the Leased Premises during the term of this Lease. Lessee shall provide copies of all such submissions and information to the Director of Aviation or his/her designated agent. Lessor shall, at its sole expense, make all such submissions and provide all such information to the appropriate governmental authorities regarding any spill, discharge or other reportable release of hazardous wastes or substances for which lessor is responsible. FCH Restaurant Lease Agreement D. Should a governmental authority having jurisdiction over environmental matters, including the Lessor, determine that a response or plan of action be undertaken due to any spill, discharge, contamination, release or pollution of hazardous substances or wastes for which Lessee is responsible on the Lease Premises during the term of this Lease, whether sudden or gradual, accidental or intentional, Lessee shall, at its sole expense, prepare and submit the required plans and undertak e, implement and diligently perform the required action, response or plan to completion in accordance with the applicable rules and direction of such governmental authority or authorities and to their reasonable satisfaction. Lessor shall, at its sole expense, prepare and submit any such required plans and undertake, implement and diligently perform any such required action, response or plan to completion in accordance with the applicable rules and direction of governmental authority or authorities due to any spill, discharge, contamination, release or pollution of hazardous substances or wastes for which Lessor is responsible. E. Lessee shall, at its own expense, demonstrate and maintain any required records, reports and financial responsibility in accordanc e with pertinent laws, rules and regulations regarding Underground Storage Tanks (USTs) at any new aircraft fueling facilities. Upon request by Lessor, Lessee shall annually provide Lessor with documentation demonstrating financial responsibility concerning environmental obligations imposed upon Lessee by this Lease. In the event Lessee's financial responsibility should lapse at any time during the leasehold estate or mode of financial responsibility change, Lessee shall immediately notify the Director of Aviation or his/her designated agent. F. Lessee's obligations under this Section shall survive any assignment or subletting of the Leased Premises, provided, Lessor does not specifically release Lessee from its obligations herein through Lessor's consent to assignment or sublease. Furthermore, Lessee's obligations under this Section shall survive the expiration or earlier termination of this Lease as to any activity or omissions which occurred during the term of the Lease. G. Prior to Lessee’s start of construction on the New Improvements, Lessee shall have the right to conduct a Site Assessment or such other testing of the Leased Premises as Lessee deems necessary to determine the existing environmental condition of the Leased Premises (collectively, the "Environmental Reports"). Lessor and Lessee agree that the results of the Environmental Reports shall establish a baseline representing the environmental condition of the Leased Premises existing prior to the Term, which can be compared to future Environmental Reports to determine the changes, if any, in the environmental condition of the Leased Premises during the Term. FCH Restaurant Lease Agreement H. The term “hazardous wastes” is used herein as it is defined in 42 U.S.C. Section 6901 et seq. The term "hazardous substances" is used her ein as it is defined in CERCLA. These terms shall also include, for the purposes of the Lease, any substance requiring special treatment, handling, manifesting and records according to a governmental authority. SECTION 29. FORCE MAJEURE Neither Lessor nor Lessee shall be deemed in violation of this Lease if it is prevented from performing any of its obligations hereunder by reasons of Force Majeure. For purposes of this Lease, “Force Majeure” means contingencies, causes or events beyond the reasonable control of Lessor or Lessee, including acts of nature or a public enemy, war, riot, civil commotion, insurrection, state, federal or municipal government or de facto governmental action (unless caused by acts or omissions of Lessee), fires, explosions, floods, strikes, boycotts, embargoes, or shortages of materials, acts of terrorism, acts of God, casualty losses, unavoidable accidents, floods, fire, explosion, inclement weather, impossibility of performance, any event or action that is legally recognized as a defense to a contract action in the State of California, or other circumstances that are beyond the reasonable control of Lessor or Lessee; provided, however, that this Section 29 shall not apply to failure of Lessee to pay the rentals, fees and charges specified under this Lease. In the event of Force Majeure where Lessee is prevented from performing any of its obligations due to the above stated circumstances, Lessee shall notify Lessor in writing within ten (10) days following such circumstances. Lessor, through its Director of Aviation, shall notify Lessee within twenty (20) days whether Lessor, in its sole discretion, concurs with the reasons for Lessee's delays. SECTION 30. BROKERAGE Lessor and Lessee each represent and warrant that no broker has been engaged on its behalf in the negotiation of this Lease and that there is no such broker who is or may be entitled to be paid a commission in connection therewith. Lessor and Lessee each shall indemnify and save harmless the other of and from any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission by Lessor or Lessee. SECTION 31. RELATIONSHIP OF PARTIES This Lease does not constitute or make Lessee the agent or re presentative of Lessor for any purpose whatsoever. SECTION 32. NO PARTNERSHIP, JOINT VENTURE OR JOINT ENTERPRISE It is agreed that no partnership, joint venture or joint enterprise exists between the Parties or between Lessor and any other person, and Lessor shall not be responsible in any way for any debts of or cash flow deficits incurred by Lessee in construction of or FCH Restaurant Lease Agreement operation of the Leased Premises or for the debts or obligations of Lessee or any other person or for any cleanup costs or damages incurred by Lessee. SECTION 33. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. No officer or employee shall be in litigation with the City or any of its agents at the time this Lease is executed. Lessee shall complete Exhibit C, “Disclosure of Conflict of Interest,” and update same if/when any responses thereto change, so that City may determine whether a conflict exists. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the City Council. SECTION 34. GIFT TO PUBLIC SERVANT A. Lessor may terminate this Lease immediately if Lessee has offered, or agreed to confer any benefit upon an employee or official of the City of Fresno that such employee or official is prohibited by law from accepting. B. For purposes of this section, “benefit” means anything reasonably regarded as economic gain or economic advantage, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law. C. Notwithstanding any other legal remedies, the City of Fresno may require Lessee to remove any employee of Lessee from the Leased Premises who has violated the restrictions of this section or any expenditures made as a result of the improper offer, agreement to confer, or conferring of a benefit to an employee or official of the City of Fresno. SECTION 35. CONSTRUCTION AND APPLICATION OF TERMS A. Wherever in this Lease a third person singular, neuter pronoun or adjective is used, referring to Lessee, the same shall be taken and understood to refer to Lessee, regardless of the actual gender or number thereof. B. Whenever in this Lease Lessee is placed under an obligation or covenant to do or refrain from or is prohibited from doing or is entitled or privileged to do, any act or thing, its obligations shall be performed or its rights or privileges shall be exercised only by its officers and employees and other duly authorized representatives, or by permitted assigns or subleases of this Lease of all or any part of the Leased Premises. FCH Restaurant Lease Agreement C. Lessee's representative, herein specified (or such substitute as Lessee may hereafter designate in writing) shall have full authority to act for Lessee in connection with this Lease and any things done or to be done under the Lease. D. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Lease shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Lease. SECTION 36. VENUE AND GOVERNING LAW The obligations of the parties to this Lease shall be performable in Fresno County, California, and if legal action is necessary in connection with or to enforce rights under this Lease, exclusive venue shall lie in Fresno County, California. This Lease shall be governed by, and construed in accordance with, the laws and court decisions of the State of California, without regard to conflict of law or choice of law principles of California or of any other state. SECTION 37. SUCCESSORS AND ASSIGNS Subject to the limitations upon assignment herein contained, this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. SECTION 38. NOTICES Notices hereunder shall be sufficient if sent and received by certified or registered mail, postage fully prepaid, to: LESSOR: LESSEE: City of Fresno –Airports Department Henry Wang Attn. Director of Aviation The Flight Line Cafe 4995 East Clinton Way 5843 West Beachwood Fresno, CA 93727 Fresno, CA 93722 or to such other respective addresses as the parties may from time to time designate to each other in writing. Notice will be deemed delivered to the party to whom addressed on the third (3rd) business day following the date on which the same is deposited, postage fully prepaid, in the U.S. mail, by certified or registered mail. SECTION 39. LEASEHOLD MORTGAGES PERMITTED FCH Restaurant Lease Agreement A. Lessee shall, subject to the written approval of Lessor, have the right to encumber by mortgage, deed of trust or other instrument in the nature thereof (each such mortgage, deed of trust or other instrument being herein called a “leasehold mortgage”) this Lease, Lessee’s leasehold estate and all of Lessee’s rights, title and interest hereunder, including its right to use and occupy the Leased Premises and all of its right and interest in and to any and all buildings, other improvements and fixtures now or hereafter placed on the Leased Premises and any sublease covering the Leased Premises or any portion thereof; and, in such event, upon Lessee’s written request to Lessor, Lessor will execute and deliver a reasonable estoppel certificate addressed to the leasehold mortgagee confirming, among other things, the terms of this Section 39 and agreeing to recognize the leasehold mortgage or any purchaser of the mortgaged leasehold at foreclosure in the same manner as an assignee of this Lease. Notwithstanding the foregoing, no mortgagee or trustee or anyone that claims by, through or under a leasehold mortgage (herein called a “leasehold mortgagee”) shall, by virtue thereof, acquire any greater right in the Leased Premises and in any building or improvement ther eon than Lessee then had under this Lease, and provided further that any leasehold or subleasehold mortgage and the indebtedness secured thereby shall at all times be and remain inferior and subordinate to all of the conditions, covenants and obligations of this Lease and to all of the rights of the Lessor hereunder. In no event shall Lessee have the right to encumber, subordinate or render inferior in any manner Lessor’s fee simple title in and to the Leased Premises. B. Subject to Lessee’s and/or any sublessee’s authorization, any such leasehold mortgagee, at its option, at any time before the rights of Lessee shall have been terminated, may pay any of the rents due hereunder or may effect any insurance, or may pay any taxes, or may do any other act or thing or make any other payment required of Lessee by the terms of this Lease, or may do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Lease, or to prevent the termination of this Lease and may use insurance proceeds to pay any sum required to be paid be Lessee hereunder; and all payments so made and all things so done and performed by any such leasehold or subleasehold mortgagee shall be as effective to prevent a forfeiture of the rights of the Lessee hereunder as the same would have been if done and performed by the Lessee instead of by such leasehold mortgagee. C. Leasehold mortgagee, an assignee of this Lease or otherwise, or any other party who shall acquire any rights and interest of Lessee under the terms of the Lease through a conveyance, assignment (“conveyance” and “assignment” does not mean Lessee’s granting of the leasehold mortgage), foreclosure, deed in lieu of foreclosure or any other FCH Restaurant Lease Agreement appropriate proceedings thereof, shall become liable to Lessor for the payment or performance of any obligation of Lessee under the Lease, including without limitation, any of Lessee’s indemnification obligations to Lessor and any of Lessee’s obligations relating to asbestos containing materials removal or disposal, or any other environmental liabilities. D. During such time as Lessee’s leasehold estate is subject to a leasehold mortgage, this Lease may not be modified or voluntarily surrendered without the prior written consent of the leasehold mortgagee; provided however, that this Lease may be terminated without the consent of the leasehold mortgagee if a default or other cause for termination under this lease occurs and is not corrected or satisfied in accordance with the terms and conditions of the Lease, provided the leasehold mortgagee has received all notices from Lessor that Lessor is required to give Lessee under the Lease. SECTION 40. SECTION HEADINGS The section headings herein are for convenience of reference and are not intended to define or limit the scope of any provisions of this Lease. SECTION 41. COUNTERPARTS This Lease may be executed in any number of counterparts, each of which shall be an original. If this Lease is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Lease to be executed. SECTION 42. ENTIRE LEASE; NO ORAL MODIFICATIONS This Lease (with all referenced exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Lease. Except as otherwise provided elsewhere in this Lease, this Lease cannot be modified without written supplemental agreement executed by both parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] The Flight Line Cafe Lease Agreement Exhibit A The Flight Line Cafe Lease Agreement Exhibit B The Flight Line Cafe Lease Agreement Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Chandler Executive Airport Restaurant Lease Agreement 510 W Kearney Blvd PROJECT TITLE YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization 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 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? 5 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? 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 below. Explanation: Signature Date (name) (company) (address)  Additional page(s) attached. (city state zip) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-673 Agenda Date:6/23/2016 Agenda #:1-F REPORT TO THE CITY COUNCIL June 23, 2016 FROM:MICHAEL LIMA, Finance Director/Controller Finance Department BY:PHILLIP HARDCASTLE, Principal Accountant-Debt Administration Finance Department SUBJECT Award and approve administrative agreement with Willdan Financial Services to provide services in connection with City bonds relating to arbitrage calculations, continuing disclosure, and the administration of special districts within the boundaries of the City of Fresno RECOMMENDATION Staff recommends that the Council approve the accompanying administration agreement with Willdan Financial Services (“Willdan”)to provide required services in connection with City bonds and special districts. EXECUTIVE SUMMARY The City of Fresno has contracted with Willdan to provide administrative services relating to bonded assessment and special tax districts, arbitrage and disclosure reporting, and parcel apportionments for the last seventeen years. The current agreement expired on April 30, 2016. A new agreement must be entered into so as to prevent delays in the services performed. Willdan was selected to continue the services because, of the two companies which submitted responsive proposals, Willdan has the lowest cost, and was willing to accept all of the terms of the City’s Standard Consulting Services Agreement. BACKGROUND There are presently four special assessment and community facilities districts in the City where bond debt has been issued to fund public improvements and infrastructure costs, such as streets, curbs, gutters, median islands, traffic signals, etc. In addition, there are four maintenance districts to City of Fresno Printed on 3/27/2023Page 1 of 3 powered by Legistar™ File #:ID16-673 Agenda Date:6/23/2016 Agenda #:1-F maintain such improvements on an on-going basis. Some of these districts were formed as far back as 20 years ago. These district operations are secured by an assessment lien or special tax levied against the parcels within a district. The amount of the lien is proportional to the amount of benefit a parcel receives from the improvements funded by the district. Property owners repay their assessment and special tax liens, along with the City’s administrative cost to support the districts, in annual installments at the time property taxes are collected by the County of Fresno. There are over 36,000 properties in Fresno that fall within these districts. Staff seeks approval of a contract with a firm to perform administrative duties required of the City to comply with the administrative functions associated with these districts. These duties include maintaining a comprehensive database of assessed parcels and bond transactions, preparing the annual assessment levy, correcting rejected assessments, providing assessment pay-off information, calculating revised assessments, managing delinquencies, spreading apportioned parcels, and filing all required notices to the County. In addition to the assessment district services, the selected firm would also address several administrative tasks required under the indentures for City-issued bonds. Those services include coordinating bond calls, providing annual disclosure reports, calculating IRS arbitrage rebates, and filing all required notices to trustees and bondholders. The district administration cost would be funded from the administrative fee the City currently collects from the assessment or special tax levy. Bond services would be funded from annual appropriations in each of the City’s debt service funds. The overall annual cost of the contract for routine services is estimated at $60,000. All other services in the contract would be irregular, and charged per item. City staff selected Willdan through the competitive process, whereby 711 companies were requested to submit proposals, including four specifically chosen as a result of an inquiry to other cities for the companies they use to provide the same services. The request for proposal was posted in the Business Journal on March 23, 2016. Two companies responded with a proposal. Willdan was the proposer with the lowest cost and was willing to accept all of the terms of the City’s Standard Consulting Services Agreement, which was sent with the RFP. Consequently, no changes were made to the City’s Standard Consulting Services Agreement as part of this award. Willdan has provided these services to the City for the last seventeen years. During that time, it has assisted the City in reducing overall district delinquencies from 2.5 percent to less than 0.5 percent, and helped organize required documents and calculations relating to disclosure and arbitrage reporting. By deferring the tasks to Willdan, City staff time otherwise spent on administrative activities has been shifted to analyzing refinancing opportunities, investing bond proceeds, setting up a database of City debt information, and cross-training in managing the City investment portfolio; thereby eliminating the need to add staff as more special districts are formed and bonds issued. City staff believes that entering into another agreement with Willdan would be in the best interest of the City. ENVIRONMENTAL FINDINGS City of Fresno Printed on 3/27/2023Page 2 of 3 powered by Legistar™ File #:ID16-673 Agenda Date:6/23/2016 Agenda #:1-F This is not a “project” for the purposes of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108) does not apply because neither repondant to the RFP is local. FISCAL IMPACT The cost of this administration contract over the five-year term is estimated at $300,000, or $60,000 annually. Approximately $26,000 of the annual funding sources would come from an existing fee paid by property owners. This fee is included in the annual assessment or special tax and deposited into a trust account for the exclusive purpose of funding the administrative costs of each district. The balance of funds required for this contract will be budgeted in each fiscal year’s budget in the City’s various debt service funds. Attachment: Municipal Securities Administration Agreement City of Fresno Printed on 3/27/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-755 Agenda Date:6/23/2016 Agenda #:1-G REPORT TO THE CITY COUNCIL June 23, 2016 FROM:BRYON HORN, Assistant Chief Information Officer Information Services Department SUBJECT Approve First Amendment to Agreement to the Consultant Services Agreement between the City of Fresno and CDX Wireless Technology Consulting, Inc., granting a time extension for the completion of the Radio Systems Needs Evaluation. RECOMMENDATION Staff recommends Council approve First Amendment to Agreement (Attachment A) to the December 7, 2016 CDX Wireless Technology Consulting, Inc., Consultant Services Agreement with the City of Fresno (“City”) granting a time extension from June 30, 2016, to September 30, 2016 (Attachment B), for the completion of the Radio Systems Needs Evaluation. EXECUTIVE SUMMARY On December 7,2016,the City entered into a Consultant Services Agreement (“Agreement”)with CDX Wireless Technology Consulting,Inc.,(“CDX”)for a Radio Systems Needs Evaluation.On May 19,2016,CDX requested an extension of time for completion of the evaluation.CDX is requesting an extension to the project completion date due to numerous delays.The Revised Project Schedule (Attachment C)as outlined in First Amendment to Agreement provides for an extension of the project completion date to September 30, 2016 with no additional compensation. BACKGROUND On November 30,2015,CDX commenced their project to provide a Radio System Needs Evaluation for City.CDX has encountered numerous delays along the way and is now requesting a project completion date of September 30,2016,along with a Revised Project Schedule.Exhibit A,Scope of Services,Section 1.4 Project Schedule of the Agreement set the completion date of June 30,2016. Additionally, the deliverables dates within the Project Schedule have not been met. CDX is now requesting a Revised Project Schedule,including new deliverables dates,and Project Completion Date of September 30,2016.The City Attorney’s Office has reviewed and approved the City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-755 Agenda Date:6/23/2016 Agenda #:1-G First Amendment to Agreement. ENVIRONMENTAL FINDINGS Not a project for the purposes of the California Environmental Quality Act. LOCAL PREFERENCE Local preference not implemented because this item is an amendment of an existing contract. FISCAL IMPACT The request is related to an extension in time to complete the project with no additional payment. There is no fiscal impact to the General Fund or any City operating funds associated with the recommended action. Attachments: Attachment A - First Amendment to Agreement Attachment B - Time Extension Request Attachment C - Revised Project Schedule City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-751 Agenda Date:6/23/2016 Agenda #:1-H REPORT TO THE CITY COUNCIL June 23, 2016 THROUGH:JANE SUMPTER, Budget Manager Budget and Management Studies BY:SCOTT MOTSENBOCKER, Senior Budget Analyst Budget and Management Studies SUBJECT Adopt the Measure C Extension Fund Annual Allocation Resolution in order to complete the Certification and Claim process and allow the City of Fresno to receive its share of Measure C Extension Funds in Fiscal Year 2016-2017 RECOMMENDATION Staff recommends that Council adopt the attached Measure C Extension funds Annual Allocation Resolution and authorize the Assistant City Manager to execute the Attachments "A, B, C, D, E, F & G" Local Transportation Pass Through Revenues Certification and Claim forms for fiscal year 2016- 2017. EXECUTIVE SUMMARY As a part of the Annual Certification and Claims process,the Fresno County Transportation Authority (the “Authority”)requires each eligible claimant of Measure C Extension funding to complete the certification and claims process.Adoption of the attached resolution and certification and claims forms ensures that Measure C distributions will continue uninterrupted after July 1, 2016 and also verifies the City’s intent to use the funds in accordance with regulations and complete the prior fiscal year reporting requirements no later than November 15, 2016. The Authority estimates the City of Fresno's share of Measure C Extension funding for fiscal year 2016-2017 to be as follows: Regional Public Transit Program - Public Transit Agencies Fresno Area Express (FAX) $ 9,893,528 Regional Transportation Program - Airports Fresno Airports $ 722,155 Local Transportation Sub Program Allocation - Fresno Street Maintenance Category $ 4,803,364 Local Transportation Sub Program Allocation - Fresno ADA Compliance Category $ 168,118 Local Transportation Sub Program Allocation - Fresno Flexible Funding Category $ 4,635,246 Local Transportation Sub Program Allocation - Fresno Pedestrian/Trails - Urban Category $ 1,200,047 Local Transportation Sub Program Allocation - Fresno Bicycle Facilities Category $ 301,434 City of Fresno Printed on 3/27/2023Page 1 of 3 powered by Legistar™ File #:ID16-751 Agenda Date:6/23/2016 Agenda #:1-H Regional Public Transit Program - Public Transit Agencies Fresno Area Express (FAX) $ 9,893,528 Regional Transportation Program - Airports Fresno Airports $ 722,155 Local Transportation Sub Program Allocation - Fresno Street Maintenance Category $ 4,803,364 Local Transportation Sub Program Allocation - Fresno ADA Compliance Category $ 168,118 Local Transportation Sub Program Allocation - Fresno Flexible Funding Category $ 4,635,246 Local Transportation Sub Program Allocation - Fresno Pedestrian/Trails - Urban Category $ 1,200,047 Local Transportation Sub Program Allocation - Fresno Bicycle Facilities Category $ 301,434 The Local Transportation Program Pass Through Revenues Certification and Claim forms, Attachments "A,B,C,D,E,F &G,”must each be filed with the Authority and accompany the adopted resolution before the City can receive this funding. BACKGROUND Voters approved Measure C Extension on the November 7,2006 ballot,which authorized the Authority to continue a ½cent retail transaction and use tax over twenty years (between July 1, 2007 and June 30,2027).The Sales Tax Extension is meant to provide new revenues for transportation improvements to each city within Fresno County on the basis of population,road miles and taxable sales. In order for the City of Fresno to receive its allocation,a separate claim form must first be filed for each sub-program as it relates to the Measure C Extension Program.Each claim form includes certifications for using the Funds in accordance with regulations.Approval of the accompanying resolution will authorize the filing of the required claim forms.The certifications require the City to: not use Measure C Extension Funds as a substitute for property taxes previously used for local transportation purposes;segregate property taxes from the City's other General Fund revenues used to support local transportation purposes;and,account for Measure C Funds separately from all other funds, pursuant to Public Utilities Code Section 142257. ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT This resolution is a legal requirement of the Fresno County Transportation Authority for the City of Fresno to claim the Measure C Extension Local Transportation Funds for FY 2016-2017.Upon approval of this resolution,the funds will be allocated monthly on a proportional basis as funds are received and based upon adopted percentages for each city.These funds were anticipated and appropriated in the Annual Budget for FY 2017.Adoption of this resolution will require no additional appropriations and has no impact on the General Fund. Attachment(s): FY2016-17 Measure C Annual Authorization Staff Report FY2016-17 Measure C Annual Authorization Resolution City of Fresno Printed on 3/27/2023Page 2 of 3 powered by Legistar™ File #:ID16-751 Agenda Date:6/23/2016 Agenda #:1-H FY2016-17 Measure C Certification and Claims Form Attachments FY2016-17 FCTA Annual Authorization Resolution No 2016-01 City of Fresno Printed on 3/27/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-736 Agenda Date:6/23/2016 Agenda #:1-I REPORT TO THE CITY COUNCIL June 23, 2016 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division SUBJECT Approve a Cooperate Agreement with the County of Fresno for the Bullard Avenue Overlay between Blackstone and Marks Avenues,for an estimated City contribution in the amount of $1,058,500 (Council District 2 and County of Fresno) RECOMMENDATION Staff recommends Council take the following actions: 1.Approve a Cooperative Agreement with the County of Fresno for the Bullard Avenue Overlay between Blackstone and Marks Avenues. 2.Authorize the Public Works Director,or designee,to execute the Cooperative Agreement on behalf of the City. EXECUTIVE SUMMARY Staff has developed a cooperative agreement with the County of Fresno for the Bullard Avenue Overlay between Blackstone and Marks Avenues.The Overlays will be in three distinct areas: Blackstone to Nantucket,Palm to West and Sequoia to Marks.Within this area,Bullard Avenue is 48%County of Fresno jurisdiction and 52%City of Fresno jurisdiction.The project will consist of a 0.20 feet overlay in both the City and County areas of Bullard Avenue generally from Blackstone to Marks.Also included are loop replacements,fabric in the County portion (per County specifications) and curb ramp replacements, if needed. BACKGROUND City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-736 Agenda Date:6/23/2016 Agenda #:1-I The City of Fresno Public Works Department and County of Fresno Department of Public Works and Planning have been planning a joint project to overlay Bullard Avenue generally between Blackstone and Marks Avenues.The more specific sections of Bullard are Blackstone to Nantucket,Palm to West and Sequoia to Marks Avenue.Fifty-two percent of this stretch of Bullard lies in the City of Fresno while the remainder is in the County of Fresno. The work will consist of a deep grind of the existing asphalt,installation of pavement fabric within the County jurisdiction,a 0.2 feet asphalt concrete overlay,loop detector replacements,median nose reconfiguration and signing and striping.If necessary,the plans will also include the replacement of non-conforming Americans with Disabilities Act (ADA) curb ramps. Within the City of Fresno jurisdiction,the project will be will be funded by Regional Surface Transportation Program (RSTP)Funds with matching funds coming from Measure C street maintenance funds. The City of Fresno is preparing the plans and specifications for construction and intends to advertise in Winter 2016.Staff anticipates starting construction in Spring 2017 when the weather warms enough to properly install asphalt concrete.Staff intends to enter into another agreement with Fresno County to install a preventive maintenance coating to the balance of the roadway between Marks and Blackstone Avenue, which will occur after the asphalt concrete overlay work is complete. Staff is recommending that Council approve a Cooperative Agreement with the County of Fresno for the Bullard Avenue Overlay between Blackstone and Marks Avenues and authorize the Public Works Director, or designee, to execute the Cooperative Agreement on behalf of the City. ENVIRONMENTAL FINDINGS By the definition provided by the California Environmental Quality Act (CEQA)Guidelines Section 15378, this agreement does not qualify as a “project” for the purposes of CEQA. LOCAL PREFERENCE Local Preference was not utilized because this item does not involve an award of construction or requirements contract. FISCAL IMPACT No General Fund dollars will be used to fund project,which is located in Council District 2 and the County of Fresno.The City’s portion estimated to be $1,058,500 will be funded by Regional Surface Transportation Program (RSTP) Funds and Measure “C” Street Maintenance funds. Attachments: Cooperative Agreement Vicinity Map City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-716 Agenda Date:6/23/2016 Agenda #:2-A REPORT TO THE CITY COUNCIL June 23, 2016 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities SUBJECT Authorize the City Manager to Execute Agreements for Water Sale and Transfer to the Kern-Tulare Water District for 5,000 Acre Feet, at $500 per Acre Foot. RECOMMENDATION The Administration recommends Council approve agreements with the Kern-Tulare Water District (KTWD)to purchase and transfer 5,000 acre feet (AF)of Class 1 Central Valley Project (CVP)water (Project Water)at a cost of $500 per AF,and authorize the City Manager to execute such agreements. EXECUTIVE SUMMARY The City of Fresno has a Class 1 water supply contract (“9D Contract”)with the United States Bureau of Reclamation (Bureau)for 60,000 AF per year.The Bureau’s Water Year runs from March 1 to February 28 each year.During Water Years 2014-2015 and 2015-2016,the Bureau was unable to deliver water to the City of Fresno (0-percent declarations)due to severe drought conditions.During this current 2016-2017 Water Year,Bureau has announced a 65-percent Class 1 Declaration (39,000 AF)for the City and all other Class 1 Friant Division Contractors,and the City has been working closely with the Fresno Irrigation District (FID)and the Bureau to increase the volume of water available to the City from Millerton Lake above the 65-percent declaration. Through the cooperative efforts of the City and FID,the City has been able to secure additional water supply from Millerton Lake through a combination of Uncontrolled Season Release (UcS)water and Unreleased Restoration Flow (URF)water.These additional water supplies will increase the volume of water available to the City during Water Year 2016-2017 from 39,000 AF to 58,880 AF at an average price of $84.18 per AF.With a surplus of water above the official 65-percent declaration,the City is in a position to provide water to other Friant Division Contractors that are in need of additional water supply during Water Year 2016-2017.The Kern-Tulare Water District (KTWD)has requested an opportunity to purchase 5,000 AF of the City’s Class 1 water supply during July and August 2016. On May 21,2015,Council approved a request from the Department of Public Utilities to purchase 2,990 acre-feet of surface water supply from Millerton Lake for $1,011,925.94 from the Friant WaterCity of Fresno Printed on 3/27/2023Page 1 of 5 powered by Legistar™ File #:ID16-716 Agenda Date:6/23/2016 Agenda #:2-A 2,990 acre-feet of surface water supply from Millerton Lake for $1,011,925.94 from the Friant Water Authority and the Bureau.As a condition of approving the water purchase,Council directed that staff develop criteria for evaluating the features,benefits,advantages and disadvantages of future water transactions,to be brought to Council for consideration.City staff has developed such criteria to evaluate water transactions,and the proposed water sale to KTWD is consistent with the proposed criteria. The Administration recommends the City Council authorize the City Manager to execute a Water Sale and Transfer Agreement with the KTWD for 5,000 AF,at a cost of $500 per AF.The physical diversion and transfer of 5,000 AF of Millerton Lake water from the City of Fresno to the KTWD will be accomplished by FID.As a result of this recommended transaction,the City will retain a surplus of surface water supply for Water Year 2016-2017 above the official 65-percent declaration,and the City’s ratepayers will pay a reduced cost for surface water from $78.01 to $45.59 per acre-foot. BACKGROUND On December 22,2010,the City entered into a contract with the United States Bureau of Reclamation (Bureau)providing for a Class 1 allocation of CVP Water (Project Water)from Millerton Lake (the “9D Contract”).In accordance with the 9D Contract,on an annual basis the USBR shall make available for delivery to the City 60,000 acre-feet of Class 1 water for municipal and industrial purposes,subject to the terms and conditions of the 9D Contract and regional hydrologic conditions such as rainfall,snow pack,watershed yield,and pumping operations in the Sacramento-San Joaquin Delta.The Bureau’s Water Year for Millerton Lake operations runs from March 1 to February 28 each year. On or about February 20 of each year,the 9D Contract requires the Bureau to declare an initial allocation of Project Water to be made available to the City and other Friant Division Contractors. The annual allocation can be adjusted during the year depending upon CVP operational conditions and regional hydrologic conditions.Once the annual allocation is made,the City submits to the Bureau a written schedule defining when the City will take delivery of surface water from Millerton Lake.The 9D Contract requires the City to submit its delivery schedule by March 1 of each year. The Bureau made 0-percent allocations for Water Years 2014-2015 and 2015-2016 to the City of Fresno and other Friant Division Contractors. City staff has been working with the Fresno Irrigation District and the Bureau to increase the volume of water available to the City above the 65-percent declaration (roughly 39,000 AF)announced by the Bureau for Water Year 2016-17.Through the cooperative efforts of City staff and FID staff,the City has been able to work with the Bureau to secure additional water supply beyond the 65-percent declaration through a combination of Uncontrolled Season Release (UcS)water and Unreleased Restoration Flow (URF)water.These additional water supplies will increase the volume of water available to the City during Water Year 2016-2017 from 39,000 AF to 58,880 AF at an average price of $84.18 per AF. Given that the City has access to 19,880 AF of water above the official Bureau Declaration of 65- percent,the City is in a position to provide water to other Friant Division Contractors that are in need of additional water supply during Water Year 2016-2017.The Kern-Tulare Water District (KTWD)has requested an opportunity to purchase 5,000 AF of the City’s Class 1 water supply during July and August 2016.The sale of 5,000 AF of water to the KTWD will leave the City with 53,880 AF of water supply for Water Year 2016-2017,which represents a surplus of 14,880 AF above the Bureau’s City of Fresno Printed on 3/27/2023Page 2 of 5 powered by Legistar™ File #:ID16-716 Agenda Date:6/23/2016 Agenda #:2-A supply for Water Year 2016-2017,which represents a surplus of 14,880 AF above the Bureau’s current declaration of 65-percent and reduces the City’s costs for Millerton Lake water supply to $45.59 per AF. On May 21,2015,Council approved a request from the Department of Public Utilities to purchase 2,990 acre-feet of surface water supply from Millerton Lake for $1,011,925.94 from the Friant Water Authority and the Bureau.As a condition of approving the water purchase,Council directed that staff develop criteria for evaluating the features,benefits,advantages and disadvantages of future water transactions,to be brought to Council for consideration.City staff has developed such criteria to evaluate water transactions,and the proposed water sale to KTWD is consistent with the proposed criteria. The Administration recommends the City Council authorize the City Manager to execute a Water Sale and Transfer Agreement with the KTWD for 5,000 AF,at a cost of $500 per AF.The physical diversion and transfer of 5,000 AF of Millerton Lake water from the City of Fresno to the KTWD will be accomplished by FID.As a result of this recommended transaction,the City will retain a surplus of surface water supply for Water Year 2016-2017 above the official 65-percent declaration,and the City’s ratepayers will pay a reduced cost of $45.59 versus $78.01 per acre-foot. Current Water Supply Conditions The City’s surface water supply resources are stored in Pine Flat Reservoir and Millerton Lake,with total combined entitlements of 180,000 acre-feet (AF)per year during a normal-precipitation,normal snow pack,normal watershed yield year.However,given the severity of California’s ongoing four- year drought,the City’s surface water entitlements from Pine Flat Reservoir and Millerton Lake have been reduced along with entitlements for all parties throughout the State.Fortunately,the rainfall precipitation for Water Year 2016 has been above normal,and while snowpack depths remain below normal,snowpack totals for water year 2016 are greater than during the 2015 water year.Following is a summary of the current surface water supply conditions for the City of Fresno: 1)For Pine Flat Reservoir,FID estimates the City’s surface water entitlements for the 2016 Water Year (Oct 1 to Sep 30),will be approximately 84,000 AF.This is a 70-percent entitlement,as the City’s entitlement during a normal precipitation year is 120,000 AF. 2)For Millerton Lake,the Bureau is making water supply available to the City through three types of water supply sources -Uncontrolled Season Releases;Unreleased Stream Restoration Flows, and Class I. The sequence of declarations is presented below: a.Class 1 Declaration (65%) = 39,000 AF b.Uncontrolled Season = 11,938 AF c.Tier 1 Unreleased Restoration Flows = 2,317 AF d.Tier 2 - Unreleased Restoration Flows = 5,625 AF Total Millerton Lake Water Supply 2016-2017 Water Year = 58,880 AF During Water Year 2015-2016,the City’s available surface water supplies were 42,582 AF -all exclusively from Pine Flat Reservoir.For Water Year 2016-2017,the City’s available surface water City of Fresno Printed on 3/27/2023Page 3 of 5 powered by Legistar™ File #:ID16-716 Agenda Date:6/23/2016 Agenda #:2-A exclusively from Pine Flat Reservoir.For Water Year 2016-2017,the City’s available surface water supplies will be 128,880 AF from Millerton Lake and Pine Flat Reservoir,and the water will be used for surface water treatment,groundwater recharge,and other beneficial uses in the City’s service area.When the City completes construction of the Recharge Fresno Program,the City proposes to use 110,000 AF of surface water for surface water treatment. Water Transaction Policy Considerations The following criteria have been developed by City staff for Council consideration for this proposed water sale to the KTWD. 1.All water transactions shall provide a direct benefit to the City’s ratepayers (Proposition 218 Requirements); 2.Water transaction benefits shall be defined to include, but not be limited to, the following: a.The ratepayers receive return water in current year or future year (not more than 5 years); b.The ratepayers receive cash payments in current year; c.The ratepayers receive return water and cash payments; or d.Other ratepayer benefits as defined by the City Council 3.Water transactions shall be limited to supporting agricultural purposes,and not urban growth, development, and sprawl in other jurisdictions; 4.Water transactions shall only be considered when the City has a surplus of surface water supply available above the City’s water supply needs for surface water treatment and groundwater recharge; 5.Revenues resulting from water sales shall be used in the following sequence: a.Supplemental payments for existing O&M debt owed to the Bureau for Friant Dam (currently about $12.4 million); b.Supplemental payments on capital debt owed by the Water Division for outstanding revenue bonds or state revolving loans; c.Payments to the Rate Stabilization Fund in the Water Division to offset future rate increases; d.Payments to the Water Affordability Credit Program for qualified residents; and e.Revenue offsets for general operating costs in the Water Division. The proposed water sale to the KTWD is consistent with these proposed criteria,and the revenue resulting from the sale will be applied to an existing debt owed to the Bureau for O&M costs incurred City of Fresno Printed on 3/27/2023Page 4 of 5 powered by Legistar™ File #:ID16-716 Agenda Date:6/23/2016 Agenda #:2-A for the Friant Dam. Recommendation This proposed water sale is consistent with the criteria recommended by City staff for such transactions.The Administration recommends the City Council authorize the City Manager to execute a Water Sale and Transfer Agreement with the KTWD for 5,000 AF,at a cost of $500 per AF. The physical diversion and transfer of 5,000 AF of Millerton Lake water from the City of Fresno to the KTWD will be accomplished by FID.As a result of this recommended transaction,the City will retain a surplus of surface water supply for Water Year 2016-2017 above the official 65-percent declaration, and the City’s ratepayers will pay a reduced cost of $45.59 versus $78.01 per acre-foot. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Statutory Exemption set forth in CEQA Guideline Section 15282(u),which exempts temporary changes in the point of diversion,place of use,or purpose of use due to a transfer or exchange of water or water rights as set forth in Section 1729 of the Water Code, because the agreements will result in delivery of water to KTWD rather than the City. LOCAL PREFERENCE Local preference was not considered because the sale and change of diversion point of surface water does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no financial obligation for the General Fund for this surface water purchase.The funding source for this surface water purchase will be the Water Division Enterprise Fund.For Fiscal Year 2016,the Water Division did not budget for additional revenues to be generated from the sale of surface water to other agencies.The revenue resulting from this transaction will be applied to existing debt owed to the Bureau for O&M costs associated with Friant Dam. Attachments: Water Purchase Agreement Between Kern-Tulare Water District and City of Fresno - Attachment 1 Water Transfer Agreement Between Kern-Tulare Water District and City of Fresno - Attachment 2 City of Fresno Printed on 3/27/2023Page 5 of 5 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-770 Agenda Date:6/23/2016 Agenda #:2-B REPORT TO THE CITY COUNCIL June 23, 2016 FROM:MANUEL A. MOLLINEDO, Director Parks, After School, Recreation and Community Services Department BY:SHAUN R. SCHAEFER, Community Recreation Supervisor II Parks, After School, Recreation and Community Services Department SUBJECT Approve a One Year Agreement with Central Unified School District to provide swim lessons at Central High School East Campus for the community RECOMMENDATIONS Staff recommends that the City Council approve the agreement with Parks, After School, Recreation and Community Services Department (PARCS) and Central Unified School District (CUSD) for PARCS to provide swim lessons at the Central High School East Campus swimming pool beginning June 27, 2016, and authorize the PARCS Director to sign the Agreement. EXECUTIVE SUMMARY In 2016,PARCS and CUSD entered into discussions to provide swim lessons to Fresno residents that live in or near CUSD.Based on the attached agreement PARCS would provide swim lessons at the CUSD Central High School Swimming Pool Complex.Lessons would be provided from 3:00pm to 7:00pm Monday through Friday for six (6)weeks. During the four-hour time frame,PARCS will provide eight (8)30-minute swim lesson courses ranging from beginner/non- swimmer to advanced swimmer.PARCS will operate three (3)two-week sessions during the six (6)week summer season, which will be instructed by PARCS Red Cross certified lifeguards. BACKGROUND To address the lack of affordable swim lessons to residents within the community,the City of Fresno PARCS Department proposes to partner with CUSD on a pilot program to provide swim lessons at the Central High School East Campus Swimming Pool.PARCS will provide swim lessons Monday through Friday for six (6)weeks,which will be instructed by Red Cross certified lifeguards. CUSD approached PARCS to provide a learn-to-swim program that would be targeted to children living within the District. The goal of the program is to increase the number of swim lessons taught at the pool,making children in the community City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-770 Agenda Date:6/23/2016 Agenda #:2-B The goal of the program is to increase the number of swim lessons taught at the pool,making children in the community more water safe. The CUSD Swim Program is a diverse offering that provides recreational swimming,lap swimming,water slide and competitive sports such as swim team and water polo.This partnership is intended to compliment the other swim programs being provided by CUSD. ENVIRONMENTAL FINDINGS The City of Fresno PARCS and CUSD Swim Lesson Program will be provided at the Central High School East Campus. By definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 the swim lesson service does not qualify as “project” for the purposes of CEQA. LOCAL PREFERENCE Local preference is not applicable, since this item will not include a bid or award of a construction or services contract. FISCAL IMPACT The City of Fresno PARCS and CUSD Swim Lesson Program will provide service and programming with revenue received from swim lessons.There is no anticipated impact to the General Fund as the fees generated from the program will be sufficient to offset personnel and program supply related costs. Attachment: City FUR Form 2015-5-21-Outside Organization City Aquatics Complex - Release Form City Aquatics Hold Harmless Agreement City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-595 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:JANE SUMPTER, Budget Manager Budget and Management Studies SUBJECT ***Council adoption of the Fiscal Year 2016-2017 City of Fresno budget including the Annual Appropriations Resolution (AAR) RECOMMENDATION It is recommended that the Council approve the attached documents establishing the Fiscal Year (FY) 2016-2017 City of Fresno budget. BACKGROUND On May 24,2016 the Mayor presented each councilmember with a copy of the Mayor’s FY 2016-2017 Proposed Budget for the City of Fresno.The public hearings on the budget began on June 7,2016 and continued through June 21,2016.The documents presented are based on the Mayor’s Proposed Budget and have been updated to reflect the approval of motions by the City Council up through June 23, 2016. The Mayor may approve or veto all or any portion of the budget or request reconsideration from Council. If any portion of the budget is vetoed by the Mayor it will be brought back to the Council for override consideration. FISCAL IMPACT By approving the attached documents the Council will adopt the FY 2016-2017 City of Fresno budget. Attachment(s): AAR Staff Report_Signature AAR Resolution_Signature AAR Attachment A City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ I r-- i-; f:r/ f D Agenda ltem: lD16-595 (9:00 A.M.) i::¡ ,.ll:i: .: i';ì 'j ';J Date: 6l23lL6 City ofEEDETêllSrzzfflE=i-ts2¿¿lr-= Supplemental lnformation Packet Agenda Related ltem(s)- lD16-595 (9:00 A.M.) Contents of Supplement: Attachments to the 2017 Annual Appropriations Resolution (AAR) Item(sl RESOLUTION - Council adoption of the Fiscal Year 2016-2017 CiIy of Fresno budget including the Annual Appropriations Resolution (AAR) Supplemental Information: Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. S4g57.S(2). ln addition, Supplemental Packets are available for public review at the City Council meeting ¡n the C¡ty Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the seruices of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. please call City Clerk's Office at621.-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability,see Securit OPTION L June 2I , Unbalanced 20L6 Budget DEPARTMENT City Council Mayor & City Manager City Clerk City Attorney Police Parks, Recreation ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND General Fund Prop. 111 - Special Gas Tax Total All Funds General Fund Total All Funds General Fund Total All Funds General Fund Total All Funds General Fund Sup Law Enforce Svc Fund-SLES COPS Local Law Ent Block Grant Miscellaneous Federal Grants-Police Miscellaneous State Grants-Police Homeland Security J ustice Assistant Grant Local Foundation Grants Forfeitures Fund P.O.S.T. Helicoptor Fund 2008 PD Revenue Bonds-Phase I Contract Law Enforcement Svcs Public Safety lmpact Fee Bond Debt Svc PD Chiller Replacement Debt Svc fotal All Funds General Fund Homeland Security Grant-Fire Airport Public Safety - Fire Fire Training-SCCCD North Central Fire Service Contract UGM Fire Citywide Facilities Fees Public Safety lmpact Fee Bond Debt Svc Total All Funds General Fund Miscellaneous State Grants - Parks Miscellaneous Local Grants - Parks Parks Fitness Program Prop 84 ll - PARCS Parks Special Projects PARCS Contracted Services ADOPTEDTOTAL I 788,.100 788.1 00 4,953.100 4,953.100 156,934,800 1,085,900 1,391,700 745,700 1,057,500 126,500 326,600 51,200 210,000 1,420,900 1 45,1 00 90,000 1 ,314,600 1,821,500 156,500 Fre 58,098,600 99,400 1,030,200 3,200 6,399,500 465,000 1,459.300 67,555,200 13,936,400 406,900 204,600 16,700 2,079,000 1,469,600 1,380,300 Page 1 DEPARTMENT Parks, Recreation Public Works ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND Japanese Garden Capital lmprovement Memorial Auditorium Capital lmprovement UGM Neigh Park Service Area 2 UGM Parks Cítywide Facil Fees UGM Parkland (Quimby) Ded Fee Camp Fresno Capital lmprovement Enterprise Municipal Golf Course Fund Parks lmpact Bond Debt Service Total All Funds General Fund Special Gas lax Prop. 'l 11 - Special Gas Tax ABXS 6 Gas Tax (formerly TCRp) Disposition of Real Property Pedestrian & Bicycle Facility Federal Grants Public Works State Grants Public Works Measure C Tier 1 Capital projects Meas C-PW Alloc Street Maint Meas C-PW Alloc ADA Compliance Meas C-PW Alloc Flexible Fund Meas C-PW Alloc Ped Trails Meas C-PW Alloc Bike Facilities Orig Meas C-Regional Hwy prog Meas C-Transit (TOD) Programs UGM General Administration Citywide Regional Street lmpact Fee lnterior Streets & Roundabouts Street lmpact Fee Regional Street lmpact Fee - Copper River New Growth Area Street lmpact Fees Sewer Backbone Fee - Copper River CFD #9 Comm/lnd Feature Maintenance State Contracted Services Public Private Partnerships High Speed Rail Projects High Speed Rail Sewices City Wide Beautification Miscellaneous Paving Roeding Business Park City Hall lmprovement Fund Lcal Agncy Prj Fndng-Publ Works City Hall lmprovement 2010 Parkíng Garage 7 lmprovement 2010 Cash in Lieu - Loan Streetlight LED OnBill Financi AD I 31 -Const-Herndon/Milburn AD'l 33-Const-Shaw/Ma rty AD I 37-Const-Figarden Park AD I 54-CALCOT Construction Landscape Maintenance Diskict No. 1 Community Facilities District No. 2 ADOPTED TOTå!, i 75,1QO 115,600 280,000 452,400 646,500 186,000 596,600 2,I 96,800 24,042,500 9,319,100 5,999,900 4,166,500 4,641,000 14,200 349,700 17,815,400 1,100 6,243,700 6,603,100 1 36,1 00 4,375,000 2,606,600 587,600 2,367,800 1,658,700 295,900 841,100 22,900 180,600 1,994,200 12,000 57,500 2,364,800 250,000 25,468,100 460,700 22,000 1,360,200 75,700 l0,600 1,407,900 14,500 474,400 3,170,600 250,000 21 ,000 1,300 277,300 79,800 865,500 4,535,000 Page2 DEPARTMENT Fr¡blic Works ANN UAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND Community Facilities District No. 4 Community Facilities District No. 5 Community Facilities District No. 7 Community Facility Dist. No. 11 Community Facility Dist No 12 Community Facility Dist No, 14 CFD#15 EAST Copper River Dist CFDNo.2-Reserve CFDNo.11 -Reserve UGM Neigh Park Service Area 1 UGM Neigh Park Service Area 2 UGM Neigh Park Service Area 3 UGM Neigh Park Service Area 4 UGtvl Neigh Park Service Area 5 UGM Neigh Park Service Area 7 UGM Parks Citywide Facility Fees UGM Parkland(Quimby) Ded Fee UGM Mjor Street Zone A UGM Mjor Street Zone B UGIVI Major Street Zone C/D-2 UGM Major Streei Zone D-1lE-2 UGM Major Street Zone E-4 UGM Major Bridge Fee Zone B UGM Major Bridge Fee Zone ClD2 UGM Major Bridge Fee Zone E-1 UGM Major Bridge Fee Zone E-4 UGM Major Bridge Fee Zone F UGM Fire Station #16 UGM Fire Station #14 UGM Fire Station Undesignated UGM Fire Gitywide Facility Fees UGM RR CrossiAt Grade Zone A,/A UGM RR CrossiAt Grade Zone A,/B UGM RR Cross/At Grade Zone tuC UGM RR Cross/At Grade Zone AJD UGIVI RR Cross/AG Zone El1-A UGM RR Cross/Grade Zone ClDl UGM RR Cross/At Grade Zone A,/E UGM Grade Separation Zone El4A UGM Traf Signal/Mitiga lmp Fee Community Facilities District No. 2005-01 UGM Police Citywide Facility lmpact Fee Francher Creek Proj Fin District Major Street Const Friant Rd Widen RAIV Acquisition - Tract 5206 RÂff Acquisition - Tract 5237 RTW Acquisitio n - T ract 5232 AD #131 UGM Reimbursements RA/Ú Acquisition - Tract 5273 RAIV Acquisition - PMap 2008-13 R/VV Acquisition-T5770 & T5567 RÄlV Acquisition - T5531 UGM Recharge ServiceArea 101-S UGM Water Area 201S-Single Well ADOPTED TOTAL 644,900 1,000 219,700 2,181,100 534,400 77,300 1,400 212,400 282,600 1,200 2,700 1,200 1,500 1,200 1,200 85,200 8,900 324,300 .t,200 2,400 32,800 13,600 1,200 1,300 't,200 2,800 1,200 200 300 1,700 35,400 300 18,800 9,400 45,1 00 118,000 470,700 7,700 1,000 1J70,700 400 37,300 4,800 200 9,1 00 7s,800 1,867,000 1,668,400 1,500 800 700 365,000 1,200 1,200 Page 3 D€PARTMENT Public Works General City Purpose ANN UAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND UGM Water Area 301S-Single Well UGM WaterArea 101S-Single Well Wellhead ïreatment Area 101-S UGM Well Develop Service Area 11-A UGM Well Develop Service Area 86 UGM Well Develop Service Area 90 UGM Well Division Service Area g1 UGM Well Develop Service Area 102 UGM Well Develop Service Area 141 UGM Well Develop Service Area 153 UGM Trans Grid Serv Area A UGM Trans Grid Serv Area B UGM Trans Grid Serv Area C UGM Trans Grid Serv Area D UGM Trans Grid Serv Area E UGM-Bond Debt Serv Area 101-S UGM Bond Debt Serv Area 301-S UGM Bond Debt Serv Area 501-S UGM Recharge ServiceArea 501-S UGM NE Recharge Facility Fee UGM Wellhead TrtmntArea 201-S UGM Wellhead Trtmnt Area 301-S UGM Wellhead TrtmntArea 401-S UGM Wellhead TrtmntArea 501-S UGM Water Area 401-S UGM WaterArea 501-S UGM Cornelia Sewer Trunk Fee UGM Grantland Sewer Trunk Fee UGM Herndon SewerTrunk Fee UGM Fowler Sewer Trunk Fee UGM Area-wide Oversize sewer UGM Lift Station/APU Svc Area UGM Millbrook Olay Sewer Fee Street Tree Trimming Support Community Sanitation Operating PW Special Project Revolving Fund Streetlight Repairs Project PW Capital lndirect Cost Recov Facilities Management Oper Faciliti Repairs & Replacement Muni Service Center ISF California lnfrastructure Economic Development Bank Loan Total All Funds General Fund Fresno Metropolitan Museum G¡anite Park Enterprise Zone Revenue Fund Cable PEG, Nonprofit Media JPA Economic Development lnfrastru Retirement ISF Employee Termination Payout ADOPTED TOTAL 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 ,t,200 ,t,200 33,500 7,600 1,200 6,700 1,800 1,200 1,200 1,200 1,200 1,200 800 1,200 1,200 1,200 1,200 22,000 1,200 2,800 2,300 4,700 1 06,700 1,200 1,200 641,400 10,620,s00 565,1 00 697,1 00 6,342,300 7,969,700 394,600 709,700 140,000 8,91 1,200 668,500 122,000 938,200 '1,024,600 2,01 8,I 00 1,633,400 3,048,500 Page 4 DEPARTMENT General City Purpose Development & Resource Management Public Utilities ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUNO Pension Oblig. Bond Debt Svc Judgement Oblígation-Blosser City Hafl Debt Service Lease Revenue Bonds Series2004 Lease Revenue Bonds Series2005 Bee Building-Granite Park DS Total All Funds General Fund Community Development Block Grant Rehab Loan And Grant Trust Neighborhood Stabilization Prog Healthy Homes Lead Hazard Control Grant Planning & Dev Grant Programs CLPPP Grant CHDO Pass Through CalHome Grant Program Miscellaneous Federal Grants HOME Fund ESG Grant Fund HOPWA Enterprise Zone Fund Distress Prop Financing Fund Misc State Grants - Code Enforcement CASp Program SB.l 186 70% High Speed Rail Projects Total Af I Funds Water Enterprise Water Connection Charge DBCP Recovery Fund UGM WaterArea 201-S UGM WTr Area 301S-Sgle Weil Orange Center School Dist Loan Custmr Plumbing Rplcmnt Rebate SRF KingsRiver Pipeline Loan SRF Regnl Transmssn Mains Loan Custmr Plumb Rplcmnt Low lnt Ln UGM WaterArea 401-S UGM WTr Area 501S Sgte 2014 Water Revenue Bonds Fund Low lnterest SRF Loan USDA DaleVille Water Line Gmt TCP Settlement Fund Wastewater Enterprise WW/SEW 2008 Bond CapitalProject State Revolving Loan Fund State Revolving Loan Fund 2016 Recycled Water 93 Sewer Bond Dbt Serv Rev Fnd 08 Sewer Bond Dbt Serv Rev Fnd ADOPTED TOTAL 26,566,300 11,611,800 20,000 490,000 395,100 2,768,600 .t49,900 670,000 1 ,5't 6,1 00 175,000 2,775,400 565,300 387,300 100,000 3,000 381,400 140,000 51,99s.300 94,264,700 1,901,200 2,733,900 701,900 14,600 1 ,1 08,900 250,000 5,820,900 49,1 08,300 500,000 7,000 14,000 3,324,000 7,590,700 524,200 1,200,000 64,792,300 150,000 300,000 17,000,000 100,000 1 0,716,900 7,954,900 16,'t97,400 540,200 3,256,500 2,77s,200 3,519,200 1,536,300 46,189,300 Page 5 DEPáRTMENT Pr¡blic Utilities Aitports Convention Center Transportation AN N UAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND Sewer Lateral Revolving Fund Solid Waste Operating City Landfill Closure Capital Recycling Grants CalRecycle Used Oil Collect Program Grant SW Vehicle Replacement Community Sanitation Operating Utility Billing & Collection Public Utilities Administration Total Alf Funds FYI Enterprise Airways Golf Course Capital FYI 2013 Revenue Bond Fund Series 2007 Bond Fund Airport Federal Grants Airport Capital Airports Projects Admin istration Consolidated Facility Chg Fd. CRCF Reserve Fund Chandler Enterprise ïotal All Funds Convention Center lmprovements - Falcons Convention Center Enterprise Conferance Center/Selland Expan Debt Service Stadium Debt Service Fund Stad¡um Operating Fund Stadium Capital Total All Funds Measure C Transit Fresno Transit Enterprise Federal Operating-43504 CMAQ Operating Miscellaneous Clean Air Grants FAX Cap¡tal FTA 02 5309 Grant CA-03-0693 Transportation CMAQ Capital Prop 1B-CTSGP Transit Sec Grnt FTA 5310 Grants (FY07-08 ñ¡/d) Prop 1B-PTMISEA Ïransit Sec Grant 5316 JARC Grants 5317 New Freedom Grants FY1 1 FTA 5309 Grant CA-04-0213 FTA Small Starts Grant FY11 FTA 5307 Grant CA-90-Y843 FYIO-FY12 Federal CMAQ FY10 FTA 5308 Grant CA-58-0007 FY1 2 FIA5307 Grant CA-90-Y947 ADOPTED TOTAL 300,000 29,950,400 1,500,000 135,300 1 46,500 6,238,400 332,500 6,027,900 4,370.400 1 5,7s6,300 668,200 3,009,200 1,476,600 5,269,700 5,048,400 649,800 445,700 333,000 546,200 33,203,1 00 500,000 5,859,200 5,391,200 3,452,400 75,000 1,600,000 1 6,877,800 5,059,900 32,114,000 12,863,600 3,224,s00 199,800 425,700 143,200 862,400 2,691,700 476,500 10,199,400 352,800 928,700 2,650,200 30,240,700 74,600 1,s6s,700 2,270,200 376,700 Page 6 DEPARTMENT Transportation Administrative Services lnformation Services Finance Personnel Services Citywide Total ADOPTED TOTAL 500,1 00 775,500 70,000 47,500 72ô,000 6,028,000 1,898,900 1,677,000 900,000 550,000 1,645,000 .t,000,000 19,936,700 . .17,909,200 r 60,384,200 AN N UAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND FY11 FrA CMAe Grant CA-95-X181 FY13 FTA 5307 Grant CA-90-yxxx FY2O12 FTA CMAQ GRANT CA-95.X FY12 FrA 3509 Grant CA_04_02S6 FY1 4 FTA 5307 Grant CA FY.l3 5339 Grant CA-2016-## FY12 FTA 5309 Grant CA-04-0280 FY15 FTA 5307 Grant CA-9O-Z##Í FY16 FTA 5307 Grant CA-ï}-]:ffi FY17 FTA 5302 Grant CA-2017_# FY17 FTA CMAe Grant CA-2017_## Transit Asset Maintenance Fleet Operating ISF Fleet Repiacement ISF Total All Funds General Fund Total All Funds General Fund Systems Acquisition & Maintenance ISF f nformation Services Operating ISF Systems Replacement Fund Network Replacement Fund Desktop Replacement Fund Total All Funds General Fund Total All Funds General Fund Workers' Compensation Self-lnsurance Property/Liability Self-lnsurance Unemployment Self-lnsurance Propedy Self-lns Fund Total All Funds (2,r06,000) 433,400 4,285,300 8,749,800 1 3,1 00 4't2,000 192,700 8,330.800 - 3,213,100 14,699,600 9,822,700 1,002,800 3,648,900 32.38r.1 0n 1,100,783,000 - Page 7 OPTION 2 June 22,20L6 Balanced Budget DEPARTMENT City Council Mayrr & City Manager City Clerk City Attorney Police Fire Parks, Recreation ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND General Fund Prop. 111 - Special Gas Tax Total All Funds General Fund Total All Funds General Fund Total All Funds General Fund Total All Funds General Fund Sup Law Enforce Svc Fund-SLES COPS Local Law Enf Block Grant Miscellaneous Federal Grants-Police Miscellaneous State Grants-Police Homeland Security Justice Assistant Grant Local Foundation Grants Forfeitures Fund P.O.S.T. Helicoptor Fund 2008 PD Revenue Bonds-Phase I Contract Law Enforcement Svcs Public Safety lmpact Fee Bond Debt Svc PD Chiller Replacement Debt Svc Total All Funds General Fund Homeland Security Grant-Fire Airport Public Safety - Fire Fire Training-SCCCD North Central Fire Service Contract UGM Fire Cítywide Facilities Fees Public Safety lmpact Fee Bond Debt Svc Total All Funds General Fund Miscellaneous State Grants - Parks Miscellaneous Local Grants - Parks Parks Fitness Program ADOPTED TOTAL 2,413,600 2,413F00- /88,1 00 4,953,1 00 156,934,800 1,085,900 .1,39.1,700 745,70Q 1,057,500 126,500 326,600 51,200 210,000 1,420,900 145,100 90,000 1,3.t4,600 1 ,821 ,500.156,s00 166,878,500 58,098,600 99,400 1,030,200 3,200 6,399,500 465,000 1,459,300 13,929,400 406,900 204,600 16,700 3,572,000 3,700 3,575,700 Page 1 of I Kr\USERS\OOCS\BUDGET\Budget_201 7\AAR\6_22_1 6 Batanced Budget_Option 2.xtsx DEPARTMENT Parks, Recreation Public Works AN N UAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND Prop 84ll - PARCS Parks Special Projects PARCS Contracted Services Japanese Garden Capital Ímprovement Memorial Auditorium Capital lmprovement UGM Neigh Park Service Area 2 UGM Parks Citywide Facil Fees UGM Parkland (Quimby)Ded Fee Camp Fresno Capital lmprovement Enterprise Municipal Golf Course Fund Parks lmpact Bond Debt Service Total All Funds General Fund Special Gas Tax Prop. 11 1 - Special Gas Tax ABXS 0 Gas Tax (formerly TCRP) Disposition of Real Property Pedestrian & Bicycle Facility Federal Grants Public Works State Grants Public Works Measure C Tier 1 Capital Projects Meas C-PW Alloc Street Maint Meas C-PW Alloc ADA Compliance Meas C-PW Alloc Flexible Fund Meas C-PW Alloc Ped Trails Meas C-PW Alloc Bike Facilities Orig Meas C-Regional Hwy Prog Meas C-Transit (TOD) Programs UGM General Administration Citywide Regional Street lmpact Fee lnterior Streets & Roundabouts Street lmpact Fee Regional Street lmpact Fee - Copper River New Growth Area Street lmpact Fees Sewer Backbone Fee - Copper River CFD #9 Comm/lnd Feature Maintenance State Contracted Services Public Private Partnerships High Speed Rail Projects High Speed Rail Services City Wide Beautification Miscellaneous Paving Roeding Business Park City Hall lmprovement Fund Lcal Agncy Prj Fndng-Publ Works City Hall lmprovement 2010 Parking Garage 7 lmprovement 2010 Cash in Lieu - Loan Streetlight LED OnBill Financi AD'1 31-Const-Herndon/Milburn AOOPTED TOTAL 8,776,100 5,999,900 4,166,500 4,641,000 14,200 349,700 17,815,400 1,100 6,243,700 6,603,100 136,'t00 4,375,000 2,606,600 587,600 2,367,800 1,658,700 29s,900 841 ,100 22,900 180,600 1,994,200 12,000 57,500 2,364,800 250,000 25,468,100 460,700 22,000 1,360,200 75,700 10,600 't,407,900 14,500 474,400 3,170,600 250,000 21,000 2,079,000 't,469,600 1,380,300 75,100 1 15,600 280,000 452,400 646,500 186,000 596,600 2,196,800 24,035,500 Page 2 of I KIUSERS\OOCS\BUDcEf\Budget_201 T!AAR\6_22_1 6 Batanced Budqet Opt¡on 2 xlsx DEPARTMENT Public Works ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND AD 1 33-Const-Shaw/Marty AD 137-Const-Figarden Park AD 1 S4-CALCOT Construction Landscape fVlaintenance District No. 1 Community Facilities District No. 2 Communlty Facilities District No. 4 Community Facilities District No. 5 Community Facilities District No. 7 Community Facility Dist. No. 1'1 Community Facility Dist No 12 Community Facility Dist No. 14 CFD#15 EASI Copper River Dist CFDNo.2-Reserve CFD No. 11 - Reserve UGM Neigh Park Service Area 1 UGM Neigh Park Service Area2 UGM Neigh Park Service Area 3 UGM Neigh Park Service Area 4 UGM Neigh Park Seruice Area 5 UGM Neigh Park Service AreaT UGM Parks Citywide Facility Fees UGM Parkland(Quimby) Ded Fee UGM Mjor Street Zone A UGM Mjor Street Zone B UGM Major Slreet Zone C/D-2 UGM lVlajor Street Zone D-1l?-z UGM Major Street Zone E-4 UGM Major Bridge Fee Zone B UGM Major Bridge Fee Zone ClD2 UGM Major Brídge Fee Zone E-1 UGM Major Bridge Fee Zone E-4 UGM Major Bridge Fee Zone F UGM Fire Station #16 UGIV Fire Station #14 UGM Fire Station Undesignated UGM Fire Citywide Facility Fees UGM RR Cross/At Grade Zone A,/A UGM RR Cross/At Grade Zone A,/B UGM RR Cross/At Grade Zone A,/C UGM RR Cross/At Grade Zone A"/D UGM RR Cross/AG Zone El1-A UGM RR CrossiGrade Zone ClDl UGM RR Cross/At Grade Zone A/E UGM Grade Separation Zone El4A UGM Traf Signal/Mitiga lmp Fee Community Facilities District No. 2005-01 UGM Police Citywide Facitity lmpact Fee Francher Creek Proj Fin District Major Street Const Friant Rd Widen R/ì/V Acquisition - Tract 5206 R/W Acquisition - Tract 5237 ADOPTED TOTAL 1,300 277,300 79,800 865,500 4,535,000 644,900 1,000 219,700 2,181,100 534,400 77,300 1,400 212,40Q 282,600 1,200 2,700 1,200 1,500 1,200 1,200 85,200 8,900 324,300 1,200 2,400 32,800 13,600 1,200 1,300 1,200 2,800 1,200 200 300 1,700 35,400 300 18,800 9,400 45,1 00 '1 'r8,000 470,700 7,700 1,000 1,170,700 400 37,300 4,800 200 9,1 00 75,800 Page 3 of I KiUSERS\DOCS\BUDGET\Budget_2017\AAR\6_22_16 Batanced Budget-Option 2 xtsx ANN UAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUNDDEPARTMENT Public Works ADOPTED TOTAL R/W Acquisition - Tract 5232 AD #131 UGM Reimbursements R/W Acquisition - Tract 5273 RAiV Acquisition - PMap 2008-13 R/t/V Acquisition-T5770 & T556Z RÄtV Acquisition - T5531 UGM Recharge ServiceArea 101-S UGM Water Area 201S-single Well UGM Water Area 301S-Singf e Weil UGM Water Area 101S-Single Well Weflhead Treatment Area 101-S UGNI Well Develop Service Area 1 1-A UGM Well Develop Servíce Area 86 UGM Well Develop Service Area g0 UGM Well Division Service Area g1 UGM Well Develop Servíce Area 102 UGM Well Develop Service Area j4j UGM Well Develop Service Area j 53 UGM Trans Grid Serv Area A UGM Trans Grid Serv Area B UGM Trans Grid Serv Area C UGM Trans Grid Serv Area D UGM Trans Grid Serv Area E UGM-Bond Debt Serv Area 10'1-S UGM Bond Debt Serv Area 301-S UGM Bond Debt Serv Area 501-S UGM Recharge ServiceArea S0'l-S UGM NE Recharge Facility Fee UGM Wellhead Trtmnt Area 201-S UGM Wellhead Trtmnt Area 301-S UGI\4 Wellhead Trtmnt Area 401-S UGM Wellhead Trtmnt Area S01-S UGM Water Area 401-S UGM Water Area 501-S UGM Cornelia Sewer Trunk Fee UGM Grantland Sewer Ïrunk Fee UGM Herndon Sewer Trunk Fee UGM Fowler Sewer Trunk Fee UGM Area-wide Oversize sewer UcM Liít Station/APU Svc Area UGM Millbrook Olay Sewer Fee Street Tree Ïrimming Support Community Sanitation Operating PW Special Project Revolving Fund Streetlight Repairs Project PW Capital lndirect Cost Recov Facilities Management Oper Faciliti Repairs & Replacement Muni Service Center ISF California lnfrastructure Economic Development Bank Loan Total All Funds 1,867,000 1,668,400 1 ,500 800 700 36s,000 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 't,200 33,500 7,600 1,20Q 6,700 1,800 1,200 1,200 1,200 1,200 1,200 800 1,200 1,200 1,200 1,200 22,000 1,200 2,800 2,300 4,700 106,700 1,200 1,200 641,400 10,620,500 565,100 697,1 00 6,342,300 7,969,700 394,600 709,700 140,000 Page 4 of I K:\USERS\DOCS\BUDGEnBudget_201 7\AAR\6_22_1 6 Batanced Budget -Option 2 xtsx DEPARTMENT General City Purpose Development & Resource Management Public Utilities ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND General Fund Fresno Metropolitan Museum Granite Park Enterprise Zone Revenue Fund Cabte PEG, Nonprofìt Media JPA Economic Development lnfrastru Retirement ISF Employee Termination Payout Pension Obllg. Bond Debt Svc Judgement Obligation-BIosser City Hall Debt Service Lease Revenue Bonds Series2004 Lease Revenue Bonds Series2005 Bee Building-Granite Park DS Total All Funds General Fund Community Development Block Grant Rehab Loan And Grant Trust Neighborhood Stabilization Prog Healthy Homes Lead Hazard Control Grant Planning & Dev Grant Programs CLPPP Grant CHDO Pass Through CalHome Grant Program Miscellaneous Federal Grants HOME Fund ESG Grant Fund HOPWA Distress Prop Financing Fund Misc State Grants - Code Enforcement CASp Program SB1 186 70% High Speed Rail Projects Total All Funds Water Enterprise Water Connection Charge DBCP Recovery Fund UGM Water Area 201-S UGM WTr Area 30'lS-Sgle Well Orange Center School Dist Loan SRF KingsRiver Pipeline Loan SRF Regnl Transmssn Mains Loan UGM Water Area 401-S UGM WTrArea 501S Sgle 2014Waler Revenue Bonds Fund ADOPTED TOTAL 8,361,200 668,500 122,000 1,038,200 1,024,600 2,018,100 1,633,400 3,048,500 1 6,'1 97,400 540,200 3,256,500 2,775,200 3,519,200 94,264,700 1,901,200 2,733,900 701,900 14,600 1 ,'108,900 5,820,900 49,1 08,300 7,000 14,000 3,324,000 26,666,300 1 1,61 1,800 20,000 490,000 395,1 00 2,768,600 149,900 670,000 1,516,100 175,000 2,775,400 565,300 387,300 3,000 381,400 140,000 3,280,100 51,995,300 Page 5 of 8 KlUSERS\OOCS\BUDGET\Budget_2017\AAR\6_22_16 Batânced Budget_Opt¡on 2 xtsx DEPARTMENT Pr¡blic Utilities Airports Convention Center Transportation ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND Low lnterest SRF Loan USDA DaleVille Water Line Grnt TCP Settlement Fund Custmer Plumbing Rplcmnt Rebate Custmr Plumb Rplcmnt Low lnt Ln Wastewater Enterprise WW/SEW 2008 Bond Capital Project State Revolving Loan Fund State Revolving Loan Fund 2016 Recycled Water 93 Sewer Bond Dbt Serv Rev Fnd 08 Sewer Bond Dbt Serv Rev Fnd Sewer Lateral Revolving Fund Sol¡d Waste Operating City Landfìll Closure Capital Recycling Grants CalRecycle Used Oil Collect Program Grant SW Vehicle Replacement Community Sanitation Operating Utility Billing & Collection Public Utilities Administration Total All Funds FYI Enterprise Airurays Golf Course Capital FYI 2013 Revenue Bond Fund Series 2007 Bond Fund Airport Federal Grants Airport Capítal Airports Projects Administration Consolidated Facility Chg Fd. CRCF Reserve Fund Chandler Enterprise Total All Funds Convention Center lmprovements - Falcons Gonvention Center Enterprise Conferance Center/Selland Expan Debt Service Stadium Debt Service Fund Stadium Operating Fund Stadium Capital Total All Funds Measure C Transit Fresno Transit Enterprise Federal Operating-43504 CMAO Operating ADOPTED TOTAL 7,s90,700 524,200 1,200,000 250,000 500,000 64,792,300 150,000 300,000 17,000,000 100,000 10,716,900 7,954,900 300,000 29,950,400 1,500,000 13s,300 146,500 6,238,400 332,500 6,027,900 4,370,400 15,756,300 668,200 3,009,200 1,476,600 s,269,700 5,048,400 649,800 445,700 333,000 546,200 500,000 5,859,200 s,391,200 3,452,400 7s,000 1,600,000 16,877,800 5,059,900 32,1 14,000 12,863,600 3,224.500 Page 6 ol I KlUSERS\DOCS\BUDcElBudget-z0'17\AAR\6 22_16 Batanced Budget Option 2.xtsx DEPARTMENT Transportation Administrative Services lnlormation Services Finance ANNUAL APPROPRIATION RESOLUTION FY 2017 BUDGETED AMOUNTS FUND lVliscellaneous Clean Air Grants FAX Capital FTA02 5309 Grant CA-03-0693 Transportation CMAQ Capital Prop 1B-CTSGP Transit Sec Grnt FTA 5310 Grants (FY07-08 fwd) Prop 1B-PTMISEA Transit Sec Grant 5316 JARC Grants 5317 New Freedom Grants FYl 1 FïA 5309 Grant CA-04-021 3 FTA Small Starts Grant FY1 1 FTA 5307 Grant CA-90-Y843 FYlO-FY12 FederalCMAQ FY1 0 FTA 5308 Grant CA-58-0007 FY12 FTA5307 Grant CA-90-Y947 FY1 1 FTA CMAQ Grant CA-95-X181 FY13 FTA 5307 Grant CA-9O-Yxxx FY2O12 FTA CMAQ GRANT CA-95-X FY12 FTA 3509 Grant CA-04-02s6 FY14 FTA 5307 Grant CA FY13 5339 Grant CA-2016-# FY12 FTA 5309 Grant CA-04-0280 FY15 FIA 5307 Grant CA-90-Z## FY16 FTA 5307 Grant CA-9}-ZI/## FY17 FTA 5307 Grant CA-2017-## FY17 FTA CMAQ Grant CA-2017-# Transit Asset Maintenance Fleet Operating ISF Fleet Replacement ISF Total All Funds General Fund Total All Funds General Fund Systems Acquisition & lVlaintenance ISF f nformation Services Operating ISF Systems Replacement Fund Network Replacement Fund Desktop Replacement Fund Total All Funds General Fund ïotal All Funds ADOPTED TOTAL 199,800 42s,700 143,200 862,400 2,691,700 476,500 10,199,400 352,800 928,700 2,650,200 30,240,700 74,600 1,56s,700 2,270,200 376,700 500,'f 00 775,500 70,000 47,500 726,000 6,028,000 1 898,900 1,677,000 900,000 550,000 1,645,000 1,000,000 19,936,700 433,400 4 285,300 8,749,800 1 3,100 412,000 192,700 14,086,300 Page 7 of I KTUSERS\DOCS\BUOcEnBudget_201 nAAR\6_22_1 6 Batanced Budget_Optioo 2 xtsx AN NUAL APPROPRIATION RESO LUTION FY 2017 BUDGETED AMOUNTS FUND ADOPTEDTOTAL General Fund Workers' Compensatfon Self-lnsurance Property/Liabillty Self-l nsuranco Unemployment Self- I nsurance Property SetÊtns Fund TotalAll Funds 3,213,100 14_699,600 9,822,700 f ,002,800 3,648,900 32,397,100 K:\USEFIS\oOe$aUDGETtEudgel-zol 7\AARì6_?2,_16 Ðaränctd BudgÊr_Opüon z.rt4x City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-596 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:JANE SUMPTER, Budget Manager Budget and Management Studies BY:SCOTT MOTSENBOCKER, Senior Budget Analyst Budget and Management Studies SUBJECT ***RESOLUTION - Adopt the Fiscal Year 2017 Position Authorization Resolution (PAR) RECOMMENDATION It is recommended that Council adopt the Position Authorization Resolution (PAR)for FY 2017 thereby authorizing the number of permanent full-time,permanent intermittent,and permanent part-time positions as approved in the FY 2017 budget. BACKGROUND Attached is the FY 2017 Position Authorization Resolution (PAR),which legally establishes the number of permanent full-time,permanent intermittent,and permanent part-time positions in which persons may be employed within the various departments and funds of the City.The FY 2017 PAR incorporates FY 2016 PAR amendments that have occurred since approval of the Mayor’s FY 2016 Adopted Budget. Attachment(s): PAR Staff Report_Signature PAR Resolution_Signature PAR Attachment A City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ i.i-_i--F_i\iID ¿i;l6 "li-lil Zl ¡li 3 j'j Agenda ltem: lD16-596 (9:00 A.M.) Date: 6123lt6 C;TY ÛI-iI:i, I iìi#RESNO CITY COUNCIL City ofEEDETêI.I-- -=ffìE-=-Ez¿¡s--- Supplemental lnformation Packet Agenda Related ltem(s) - lD16-596 (9:00 A.M.) Contents of Supplement: Attachments to the Annual Positíon Authorization Resolution Fiscal Year 20t7 Item(sl RESOLUTION - Adopt the Fiscal Year 2017 Position Authorization Resolution (PAR) Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Councilafterthe Agenda Packet ís printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuantto the Brown Act, G.C. 54gS7.S(2). ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. please call City Clerk's Office aT 62L-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Securi Annuaf Position Authorization Resolution FY 2017 Part V THAT the following permanent positions are authorized in the various departments and offices, as listed by section, as follows: Number ofMonths Positions Department Authorized Authorized MAYOR AND CITY MANAGER'S OFFICE Section 1.1 Office of the Mayor Division; City Manager Division; Office of Full Year 17 lndependent Review; and, Economic Development COUNCIL DISTRICT 1 OFFICE Section 2.1 Council District 1 Office Division COUNCIL DISTRICT 2 OFFICE Section 3.1 Council District 2 Office Division COUNCIL DISTRICT 3 OFFICE Section 4.1 Council District 3 Office Division COUNCIL DISTRICT 4 OFFICE Section 5.1 Council District 4 Office Division COUNCIL DISTRICT 5 OFFICE Sætion 6.1 Council District 5 Office Division COUNCIL DISTRICT 6 OFFICE Section 7.1 Council District 6 Office Division COUNCIL DISTRICT 7 OFFICE Section 8.1 Council District 7 Office Division CITY COUNCIL OPERATING Section 9 1 Council City Support Division AIRPORTS DEPARTMENT Section 10.1 FYI Division; Airports Projects Administration Division; and, Full Year 82 Full Year 2 Full Year 2 Full Year 2 Full Year 2 Full Year 2 Full Year 2 Full Year 2 Full Year 2 Transportation Capital Division 10.2 Chandler Downtown Airport Division CITY ATTORNEYS OFFICE Section 11.1 City Attorney's Office Division CITY CLERK'S OFFICE Section 12.1 City Clerk's Office Division Oct-June I 83 Full Year 4 Full Year 35Oct-June 4 Full Year Oct-June Date Adopted: Date Approved: Effective Date: City Attorney Approval 1of 3 Resolut¡on No Annuaf Position Authorization Resolution FY 2017 Department Months Authorized Number of Positions Authorized DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT Section 13.1 Administration Division; Building & Safety Seruices Division; and, Planning Division 13.2 Parking Services 13.3 Community Revitalization Division 13.4 Sustainable Fresno Division 13.5 EconomicDevelopment 13.6 Housing and Community Development Division FINANCE DEPARTMENT Section 14.1 Finance Administration Division; and, Accounting Division 14.2 Budget Division 14.3 Business License Division 14.4 PurchasingDivision 14.5 Central Printing Division FIRE DEPARTMENT Section 15.1 Fire Administration Division; Fire Suppression and Emergency Response Division; Fire Prevention and lnvestigation Division; and, Fire Training & Support Services Division GENERAL CITY PURPOSE DEPARTMENT Section 16.'l Retirement Division INFORMATION SERVICES DEPARTMENT Section 17.1 lnformation Services Administration Division; Computer Services Division; Communication Services Division; and, Geographic lnfo System Division 17.2 System Applications Division Full Year 82Oct-June 4 Full Year Full Year Full Year Full Year Full Year Full Year Oct-June Full Year Full Year Full Year Full Year Full Year Oct-June Nov-June 86 22 52 2 2 28 Full Year Oct-June Full Year Oct-June Full Year Full Year 11 2 13 42 4 46 12 PARKS, AFTER SCHOOL, RECREATION, AND COMMUNITY SERVICES DEPARTMENT Section 18.1 Parks & Recreation Administration Division; Recreation Division; Full Year and, Parks Division Oct-June PERSONNEL SERVICES DEPARTMENT Section 19.1 HR Administration Division; Training Division; Human Resources Full Year Division; Labor Relations Division; Loss Control Division; and, HR Class and Comp Division 19.2 Risk Management Division 72 2 25 Page 2 of 3 Annual Position Authorization Resolution FY 2017 Section 20.1 Office of the Chief Division; Administrative Services Division; Patrol Division; Patrol Support Division; lnvestigative Services Division; Federal Grants Division; State Grants Division; Local Grants Division; Other Grants Division; and, Local Law Enforcement Block Grant Division DEPARTMENT OF PUBLIC UTILITIES Sedion 21 .1 Public Utilities Administration Division 21 .2 Water Division; and, Water Capital Division 21 .3 Solid Waste Management Division 21.4 Wastewater Management Division 21.5 Utility Billing & Collection Division PL¡BLIC WORKS DEPARTMENT Sedion 22.1 Administration Division; Engineering Services Division; Capital Management Division; Street Maintenance Division; and, Traffic Signals and Streetlights Division 22.2 Facilities Management Division TRANSPORTATION DEPARTMENT Sectbn 23.1 FAX Operating Division; Transportation Maintenance Division; Transportation Administration Division; Transportation Planning Division; and, Support Services Division Months Authorized Full Year Aug-June Sept-June Oct-June Nov-June Full Year Full Year Full Year Full Year Full Year Full Year Oct-June Full Year Full Year Oct-June Jan-June Full Year Number of Positions Authorized 1,059 4 3 12 2 1,080 38 193 169 182 61 271 19 290 Part Vl THAT the following permanent part-time and permanent intermittent positions and their full-time equivalencies are authsized in the various departments and offices, as listed by section, as follows: 23.2 Fleet Management Division; and, Fleet Equip Acq Division Department Number ofMonths Positions Full-Time Authorized Authorized Equivalent AIRPORTS DEPARTMENT Section 10.1 Security & Safety DEVELOPMENT AN D RESOU RCE MANAG EMENT DEPARTM ENT Sectjon 13.2 Parking Services DEPARTMENT OF PUBLIC UTILITIES Section 21 .3 Solid Waste Management Division TRANSPORTATION DEPARTMENT Sedion 23.1 FAX Operating Division Full Year Full Year Full Year Full Year 16 9.60 6 4.80 1 0.80 15 12.00 Page 3 of 3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-756 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:Jeff Cardell, Director Personnel Services Department SUBJECT ***RESOLUTION - Adopt the Fiscal Year 2017 Salary Resolution RECOMMENDATION It is recommended that the City Council adopt the Fiscal Year 2017 Salary Resolution. EXECUTIVE SUMMARY The proposed Fiscal Year 2017 Salary Resolution reflects language renaming the category “Administrative Leave”to “Management Leave”for employees in Unit 2;a new premium pay for certification in building access for disabled individuals;a change in health care premiums for permanent part time employees and moving the Retirement Benefits Administrator from Unit 13 to Unit 2.In addition the proposed Salary Resolution expands the application of bilingual certification; changes shift differential for temporary employees;includes new provisions for the accumulation and use of sick leave in accordance with SB 579;includes salary adjustments which have been negotiated with respective bargaining units;provides clarification of existing provisions;and minor housekeeping items. BACKGROUND The Salary Resolution of the City of Fresno establishes rules for the application of City employee compensation rates and schedules and related requirements,as well as exhibiting the monthly compensation rates which have previously been authorized by the City Council.Attached is the proposed Salary Resolution for Fiscal Year 2017. Following is a summary of the changes incorporated in the proposed Fiscal Year 2017 Salary Resolution: Section 1:Includes new language clarifying that some provisions of the Salary Resolution may only City of Fresno Printed on 3/27/2023Page 1 of 4 powered by Legistar™ File #:ID16-756 Agenda Date:6/23/2016 Agenda #: Section 1:Includes new language clarifying that some provisions of the Salary Resolution may only be applicable to a specified unit or classification. Section 2:Beginning in this section and throughout the document clarifying language that Memoranda of Understanding with bargaining units or Terms and Conditions of Employment modify provisions of the Salary Resolution. Additional language has been included to clarify the existing policy that the anniversary date for future step increase does not change when a classification is assigned a new salary range and to clarify the connection between subsections H and M regarding eligibility for step increases. Section 3: Includes new language to identify the formula for determining the hourly rate of pay. Section 7:The new language codifies the ability of the City Manager to have a designee to approve alternate work schedules for employees in Exhibit 2 Section 8:Renames “Administrative Leave”as “Management Leave”to distinguish and eliminate confusion between the Administrative Leave used when an employee is placed off work by the City and additional paid leave provided as a benefit to exempt employees.New language has been added to codify the practice of providing Management Leave (formerly Administrative Leave)on a month by month basis for provisional and limited appointment to salaried positions for employees who are eligible for overtime in their base class. Section 9:Revises language so that Family Sick Leave conforms to the changes mandated by SB 579,which provides that Family Sick Leave be taken for the same reasons as AB 1522 -The Healthy Families, Healthy Workplaces Act of 2014. Section 10:Modifies the annual leave accumulation limit to reflect changes in the “E”range designations, which added ranges “E14” to “E16”. Section 11:The language in this section was reorganized to provide a more logical flow of the language. Section 12:Includes new language confirming that up to one half the hours of Supplemental Sick Leave accumulated in a fiscal year may be used for Family Sick Leave purposes. Section 14:Changes “Administrative Time Off”to “Management Time Off”.This helps to distinguish between these leaves and “Administrative Leave”used when an employee is placed off work by the City. Section 15:Changes Exhibit 13.1 from “Management Confidential”to “Exempt Supervisory and Professional,”and Exhibit 13.2 from “Non-Management Confidential”to “Non-Exempt Professional” to provide more appropriate naming and organization of the bargaining units. Section 16:The word “Degree”has been removed from the title to conform with section contents and a new premium pay is being established for employees who possess a Certified Access Specialist (CASp) certificate to encourage employees to obtain and maintain the certification. Section 17:Expands the languages for which bilingual certification and pay can be obtained andCity of Fresno Printed on 3/27/2023Page 2 of 4 powered by Legistar™ File #:ID16-756 Agenda Date:6/23/2016 Agenda #: Section 17:Expands the languages for which bilingual certification and pay can be obtained and provides the languages that will be certified by the City are the same across all units that provide a bilingual premium.It also recognizes that the City provides certification on an ongoing basis instead of once a year in December. Section 18:This section is being deleted and results in renumbering the remaining Sections.In so doing,the differential pay of one dollar per shift for evening or night shift for temporary employees is being eliminated.To the extent that Departments have temporary employees working evening or night shifts they can provide different pay if appropriate. Section 19 (previous Section 20):New language modifies language for Unit 2 benefits to conform to the requirements of the City’s Transparency in City Government Act,amended on November 12, 2015 (Transparency Act).New language also clarifies that the change to the City paying 75%of the health and welfare monthly premium occurred as of September 1,2014,and expresses the City’s existing benefit of providing life insurance and long term disability insurance for Unit 2 employees. The language also confirms the existing ability of Unit 2 employees to enroll in voluntary supplemental benefits through payroll deductions. Section 20 (previous Section 21):Includes new language codifying overtime for Cadets is governed by the Fair Labor Standards Act,that defines sick leave accrual for Cadets in compliance with AB 1522,The Healthy Families,Healthy Workplaces Act of 2014,and codifies that permanent part time employees who are already in the City retirement system remain members of the system. To ensure compliance with the Affordable Care Act,the City will pick up the full City share of health and welfare premiums for a Permanent Part Time employee who elects not to contribute,making the employee eligible for non-contributory benefits.Finally,the existing provision on Workers’ Compensation has been moved to Section 23. Exhibit 1: Deletes footnotes on pages which do not have those footnotes. Exhibit 2:Modifies “E”range designations by adding ranges “E14”to “E16”for classes to maintain consistency of range designations after pay range changes;modifies pay ranges for the Police Chief, Assistant City Manager,Assistant Police Chief,Payroll Accountant,and attorney positions to reflect changes in the Transparency Act and in compensation based on salary survey;and adds the class of Retirement Benefits Manager which is moved from Exhibit 14. Exhibit 3: Deletes footnotes on pages which do not have those footnotes. Exhibit 8 -Deletes the class of Information Services Aide and increase the hourly rate for Student Bus Driver. Exhibit 13.1 and 13.2,Simplifies the Exhibit designations by having exempt supervisory and professional classes in 13.1 and non-exempt professional classes in 13.2. Exhibit 14: Changes the range designations for consistency with the changes in Exhibit 2. Appendix - removes provisions that are no longer applicable. City of Fresno Printed on 3/27/2023Page 3 of 4 powered by Legistar™ File #:ID16-756 Agenda Date:6/23/2016 Agenda #: The City Attorney’s Office has approved the FY 2016 Salary Resolution as to form. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Adoption of the Salary Resolution will result in increased expenses in the General Fund of approximately $125,000 over the current fiscal year. These increases have been included in the Mayor’s Proposed Budget. Attachment: Final Version of FY 2017 Salary Resolution Redline Version of FY 2017 Salary Resolution City of Fresno Printed on 3/27/2023Page 4 of 4 powered by Legistar™ FY17 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................... 1 SECTION 2. SALARY STEP PLAN ............................................................................. 1 SECTION 3. RATES OF PAY ..................................................................................... 7 SECTION 4. EXEMPT JOB CLASSES ....................................................................... 7 SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY AND PART-TIME EMPLOYEES............................................................ 7 SECTION 6. FLEXIBLE STAFFING ............................................................................ 8 SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .... 9 SECTION 8. MANAGEMENT LEAVE FOR EMPLOYEES ........................................ 10 SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 11 SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 12 SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ..................................... 16 SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ..... 17 SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 ................. 17 SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ............ 18 SECTION 15. SALARY RATES .................................................................................. 18 SECTION 16. CERTIFICATE PAY .............................................................................. 19 SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES ............................................... 19 SECTION 18. SPLIT SHIFT PAY ................................................................................ 20 SECTION 19. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ............................................ 20 SECTION 20. BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES ....................................................................................... 25 SECTION 21. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE ............................................................................ 29 SECTION 22. UNUSUAL CIRCUMSTANCES ............................................................ 29 SECTION 23. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .................................................................................................... 29 SECTION 24. CONFLICTING RESOLUTIONS........................................................... 29 SECTION 25. RESOLUTION EFFECTIVE DATE ....................................................... 29 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FISCAL YEAR 2017 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service; provided, however, that if otherwise expressly stated in a provision herein to apply to a specific unit or class, or if any provision(s) of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) and currently in effect, is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU, T & C, or provision herein, shall prevail. SECTION 2. SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions, unless modified by an applicable MOU or T & C: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or his/her designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. The fourth step shall be paid upon completion of one (1) year of service at the third step. Resolution No. FY17 Salary Resolution Page 2 E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. Unless modified by applicable MOU or T & C, employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H. Unless modified by applicable MOU or T & C, raises to the second, third, fourth, fifth, and sixth steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or his/her designee. A raise to any step may be made at any time by the City Manager or his/her designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except that where employees work a 56-hour work week, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I. 1. Unless modified by applicable MOU or T & C, an employee who is selected to fill a reclassified position pursuant to FMC Section 3- 209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. 2. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. J. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date for purposes of future step increases in the class. Resolution No. FY17 Salary Resolution Page 3 K. A permanent employee, filling a position in a higher class on a temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Subsection I above. L. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent on whose behalf it is authorized. M. Except as noted in Subsection H above, step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those Resolution No. FY17 Salary Resolution Page 4 respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date for purposes of future step increases in the class. N. Transfer to a different classification in which no salary change occurs shall result in a new anniversary date upon which advancement to the next step shall be calculated. O. In lieu of a Salary Step Plan, an Executive Pay Range Plan has been established for classes as set forth in Exhibit 2. 1. For employees who separated from City service prior to July 1, 2015: a. For purposes of calculating retirement benefits for any employee retired from one of the classes in the Executive Pay Range Plan prior to the effective date of the Executive Pay Range Plan, the highest step for the class shall be equal to the control point as established by these rules and regulations. The D, C, B, and A steps shall be five percent (5%) below the respective preceding steps. In those classifications for which an “F” step exists, the “F” step for the class shall be equal to the control point as established by these rules and regulations. The E, D, C, B, and A steps shall be five percent (5%) below the respective preceding steps unless modified by the respective MOU or T & C. b. The salary for each executive employee in the E1 through E17 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee, except for those ranges established by an MOU or T & C. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: Resolution No. FY17 Salary Resolution Page 5 The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. 2. For employees in Exhibit 2, who separate from City service on or after July 1, 2015: a. The salary for each executive employee in the E1 through E17 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of Section 2, Subsection (O)(2)(b) below. b. For purposes of calculating Compensation Earnable as defined in FMC 3-501, any employee in the City of Fresno Employees Retirement System (hereafter “System”) in a class in the Executive Pay Plan who separates from City service and elects to remain a member of the System shall have their Compensation Earnable calculated as follows: Beginning July 1 following the date the Deferred Vested Member separates from City service, the Member’s Compensation Earnable at the time of separation shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e. general price inflation) and the Employment Cost Index for Wage Inflation (i.e. across the board pay increases) for State and local government employees, as published by the Bureau of Labor Statistics of the United States Department of Labor. Resolution No. FY17 Salary Resolution Page 6 Determination of the percentage of annual increase or decrease in CPI and Employment Costs for wage inflation shall be made by the Retirement Board on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable with the following exceptions: banking shall not be applied nor shall the sum of accumulated CPI and Employment Costs adjustments plus Compensation Earnable fall outside the Executive Pay Range approved by the City Council each fiscal year. This process will continue each July 1 until the Deferred Vested Member elects to begin receiving the retirement benefit. This adjusted Compensation Earnable shall be used in the Member’s final compensation for the calculation of the retirement benefit. If a Deferred Vested Member held more than one position during his or her highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro-rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and Employment Costs for wage inflation, shall be used in the Member’s final compensation for the calculation of the retirement benefit. c. System members who retire or enter Deferred Retirement Option Program (hereafter “DROP”) on or after July 1, 2015, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (O)(2)(b) above. P. After any permanent employee holding a position in Exhibit 2 has completed ten (10) full working days of service in a higher class pursuant to one or more such assignments, the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. Except where provided herein, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. Resolution No. FY17 Salary Resolution Page 7 SECTION 3. RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. The hourly rate of pay for employees whose schedule is 40 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,080. The hourly rate of pay for employees whose schedule is 56 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,912. SECTION 4. EXEMPT JOB CLASSES Employees in classes listed in any salary resolution or approved MOU or T & C whose job codes are marked with a small “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY AND PART-TIME EMPLOYEES A. Temporary and part-time employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class pursuant to Section 3. B. Paid Sick Leave for Temporary Employees 1. Temporary employees will accumulate and be able to use paid Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014. Resolution No. FY17 Salary Resolution Page 8 2. Temporary employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave will be capped at forty-eight (48) hours. Sick Leave may be carried over from year to year. 3. Temporary employees will be eligible to use Sick Leave on the ninetieth (90th) day of employment. 4. Temporary employees may use up to three (3) days of sick leave or twenty-four (24) hours, whichever is greater in each fiscal year (July 1 through June 30). 5. Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 6. Temporary employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. SECTION 6. FLEXIBLE STAFFING An employee holding a permanent appointment in a position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director recommends such appointment. Such appointments may be made without regard to the number of positions listed for that class in the Position Authorization Resolution of the current budget, provided that the number Resolution No. FY17 Salary Resolution Page 9 of employees assigned to all classes in the group is authorized in the Position Authorization Resolution of the current budget. SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager or designee. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per work week. The work week begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA work weeks. All employees working a 9/80 work schedule shall have an FLSA work week, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 12 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and must either take two (2) hours Vacation, Annual, Holiday or Management Leave if on a 4/10 schedule, or one (1) hour Vacation, Annual, Holiday, or Management Leave if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight (8) hours of Holiday Leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of Holiday Leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of Annual Leave per month as under a 5/8 work schedule. Annual Leave will be granted for the actual number of hours absent. Resolution No. FY17 Salary Resolution Page 10 C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of Sick Leave per month, and receive Sick Leave pay for the actual number of hours absent, provided the employee has a sufficient balance of Sick Leave hours. 2. Vacation: Employees on a 4/10 or 9/80 work schedule shall accumulate the same number of hours vacation per month as under a 5/8 work schedule. Vacation will be granted for the actual number of hours absent, provided the employee has a sufficient balance of Vacation hours. SECTION 8. MANAGEMENT LEAVE FOR EMPLOYEES A. For employees in Exhibit 2, Management Leave shall be granted as follows: 1. Full time employees appointed to permanent positions in classes, who are not entitled to payment or equivalent Compensatory Time Off for overtime work (as described in Section 4.), shall be granted Management Leave, as provided below. A balance of 60 hours shall be credited to each such employee as of the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of Management Leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of Management Leave for each full month of such provisional or limited appointment. 2. Unused Management Leave will not be carried over to the next fiscal year. Employees may request payment and be compensated for up to forty-eight (48) hours of Management Leave during the fiscal year in which it is credited, subject to rules established by the City Manager. Employees shall be compensated for any Management Leave balance, not to exceed sixty (60) hours, upon termination from City service. 3. Management Leave shall be scheduled at the convenience of the department. Approval by the City Manager or his/her designee must be obtained before an appointing authority may take such leave. B. For employees in Non-Exempt positions, the Management Leave Plan shall be as follows: Resolution No. FY17 Salary Resolution Page 11 Employees in non-exempt positions who are in limited or provisional appointments to exempt positions, except for employees in Exhibit 5, shall receive five (5) hours of Management Leave for each full month of such provisional or limited appointment. Employees in Exhibit 5 who are in limited or provisional appointments for a Battalion Chief position shall receive six (6) hours of Management Leave for each full month of such provisional or limited appointment. Employees must use the Management Leave in accordance with applicable provisions in appropriate MOUs or T & Cs. SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 A. Employees holding an appointment in a permanent class included in Exhibit 2 who are not participating in the Annual Leave Plan and who meet the eligibility criteria in Section 19(M), shall, upon separation from City service, if eligible for service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated unused Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 19(M). B. Family Sick Leave: Employees holding an appointment in a permanent class included in Exhibit 2, who are not participating in the Annual Leave Plan, shall be allowed to use up to 48 hours of accumulated Sick Leave per fiscal year for Family Sick Leave, and up to 20 hours of Supplemental Sick Leave in accordance with the provisions for such leave. The purpose of this benefit is to allow employees time to care for themselves and family as defined by the FMC and California Labor Code Section 233. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Family Sick Leave shall be authorized and recorded by an appointing authority or designee. C. For those employees not participating in the Annual Leave Plan, the first three (3) days or twenty-four (24) hours, whichever is greater, of Sick Leave used by an employee on or after July 1 of each fiscal year will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014, and will not be subject to corrective and/or disciplinary action. The first three (3) days or twenty-four (24) hours, whichever is greater, of Sick Leave on or after July 1 of each year can be used for: Resolution No. FY17 Salary Resolution Page 12 a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child) , child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). After the employee has taken the first three (3) days of Sick Leave on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of unused Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who have been continuously employed by the City and previously elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMC Section 3-107, and Vacation Leave, as provided in Section 13, Subsection A of this Salary Resolution and FMC Section 3-108. B. For employees on a forty (40) hour work schedule, the Annual Leave Plan shall be as follows: 1. Annual Leave Accrual – Vacation Leave and Sick Leave will no longer be accumulated as provided in the FMC, but as detailed below. Except for Administrative Orders 2-20 (Sick Leave Policy) and 2-19.1 (Attendance Policy) and any other exceptions noted herein, all other provisions of the FMC, City administrative orders, Resolution No. FY17 Salary Resolution Page 13 policies, procedures, rules and regulations concerning leave administration will continue to apply. Employees holding an appointment in a permanent class included in Exhibit 2, who are participating in the Annual Leave Plan, shall be allowed to use up to the hours of Annual Leave accumulated in six (6) months for Family Sick Leave. a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for less than ten (10) years and became City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for ten (10) years or more and became City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, the accumulation of unused Annual Leave will not exceed 1,200 hours for employees in Executive Pay ranges Resolution No. FY17 Salary Resolution Page 14 E1 through E6; 1,000 hours for employees in the E7 and E10 ranges; and 840 hours for employees in the E8, E9, E11, E12, E13, E14, E15, E16, and E17 ranges. In the event an employee has an Annual Leave balance over the limits listed above, accruals will cease until the balance is under the limit. 2. Use of Annual Leave – Annual Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. The first three (3) days or twenty-four (24) hours, whichever is greater, of Annual Leave used in lieu of Sick Leave by an employee on or after July 1 of each year for the purposes noted below will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The leave cannot be used or considered for the purpose of corrective and/or disciplinary action. The first three (3) days or twenty-four (24) hours, whichever is greater, in lieu of Annual Leave used as Sick Leave on or after July 1 of each year can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). After the employee has taken the first three (3) days of Annual Leave used for sick leave purposes as defined above on or after Resolution No. FY17 Salary Resolution Page 15 July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. 3. Transfer – An employee transferring to a position in a bargaining group, which is not covered by Annual Leave, may either cash out unused Annual Leave balance at the applicable base rate of pay, or have the unused Annual Leave balance converted to a non- accruing Annual Leave balance of hours. The conversion is obtained by multiplying unused Annual Leave hours by the applicable class’s base rate of pay (converted to an hourly figure), dividing the product by the transfer class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee. 4. a. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten percent (10%) percent of their Annual Leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. b. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused Annual Leave balances at their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. 5. Vacation Leave Balances Unused – Employees transferring to a position covered by Annual Leave will have their unused Vacation Leave balances transferred into their Annual Leave account. 6. Sick Leave Balances Unused – Employees transferring to a position covered by Annual Leave will have their unused Sick Leave balances frozen. a. Use of Frozen Sick Leave – Except for usage permitted by California Labor Code Section 233 (Sick Leave; Use to Attend to Illness in Family), AB1522 Healthy Workplace Healthy Family Act of 2014 and Special Sick Leave, frozen Sick Leave balances may only be used by the employee for Conversion example: 100 unused hrs x $15.00 (base rate) = 75 hrs placed in non-accruing $20.00 (Transfer class base rate) annual leave balance account Resolution No. FY17 Salary Resolution Page 16 a medically verified extended illness over three (3) days or twenty-four (24) consecutive work hours, whichever is greater. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service, if eligible for service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 19(M) shall be credited with the number of accumulated frozen Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40% of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 19(M). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of their Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. 7. Pensionability – Cash outs of annual leave balances are not pensionable for retirement purposes. SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 A. Employees occupying a permanent position in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116, except in lieu of February 12 (Lincoln’s Birthday) and September 9 (Admissions Day) such employees shall accrue eight (8) hours Holiday Leave on July 1 of each calendar year. B. Employees may request payment and be compensated for up to 48 hours or ten percent (10%) percent of their Holiday Leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. C. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to his or her holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, or falls on the employee’s day off such employee shall receive eight (8) hours Holiday Leave. D. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Resolution No. FY17 Salary Resolution Page 17 Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be considered pensionable for retirement purposes. SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to permanent positions set forth in Exhibit 2 shall receive 40 hours of Supplemental Sick Leave each fiscal year with an accrual limit of 80 hours. Supplemental Sick leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees shall be allowed to use up to half of the hours of Supplemental Sick Leave accrued in a fiscal year, for Family Sick Leave. Employees in Exhibit 2 will retain all Supplemental Sick Leave hours already earned and may continue to utilize the hours: (1) once regular Sick or Annual Leave has been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City if not eligible for participation in the HRA; (4) may be used in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in the HRA in accordance with Section 20(F); or (6) up to 20 hours per fiscal year for Family Sick Leave used only for those purposes defined in the California Labor Code 233. Use of Family Sick Leave shall be authorized and recorded by the department director or designee. Payment received under this provision will not be considered pensionable for retirement purposes. SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 A. Eligible employees in classes listed in Exhibit 2 who are not participating in the Annual Leave plan, shall accumulate Vacation Leave as provided in FMC Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused Vacation Leave credit for 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused Vacation Leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31 of that year, the employee has a balance of 240 or more hours of Sick Leave. All other provisions of FMC Section 3-108 shall apply. Payment received under this provision will not be considered pensionable for retirement purposes. Resolution No. FY17 Salary Resolution Page 18 B. Reduction in Force An employee in a class in Exhibit 2 who is not participating in the Annual Leave plan who is either demoted or transferred to a non-management class as a result of a reduction-in-force, pursuant to the provisions of FMC Sections 3-291 and/or 3-277, may use any hours in the employee’s Vacation Leave balance that exceed the maximum allowable within one (1) year following the effective date of the bump or transfer, or request a payoff for those hours above the applicable maximum. The employee must either use or request a payoff prior to June 30 of the fiscal year in which the hours were credited, of any remaining Management Leave balance. Requests for payoff of excess Vacation Leave hours and/or Management Leave must be submitted prior to the effective date of the bump or transfer. SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees who are designated as exempt from overtime under the provisions of the FLSA and who receive Management Leave pursuant to Section 8, may be granted Management Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Management Time Off shall not be deducted from any existing leave banks. Management Time Off must be scheduled in advance when possible, approved as Management Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Management Time Off for a full day’s absence. SECTION 15. SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Police Non-Management EXHIBIT 5 Fire Non-Management EXHIBIT 6 Transit Resolution No. FY17 Salary Resolution Page 19 EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 11 Fresno Airport Public Safety Officers EXHIBIT 12 Board and Commission Members EXHIBIT 13-1 Exempt Supervisory and Professional EXHIBIT 13-2 Non-Exempt Professional EXHIBIT 14 Management Confidential EXHIBIT 15 Airport Public Safety Supervisors SECTION 16. CERTIFICATE PAY Certificate pays are not pensionable unless otherwise required to be under the FMC or under law. A. Each employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. B. Employees who possess and maintain certification as a Certified Access Specialist program (CASp) and are in a position identified by a department as eligible for Certificate Pay shall receive $200 per month. SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES The bilingual certification program consists of a City administered examination process whereby employees in Exhibit 2 or employees with applicable MOUs or T & Cs with Bilingual pay provisions, may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable unless otherwise required under the FMC or under law. In conjunction with the Director of Personnel Services, department directors or their designees shall designate those positions or assignments for which bilingual skills are desired, unless modified by applicable MOU or T & C. A. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. B. This bilingual certification program is not subject to the grievance or appeal process. C. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish, and Vietnamese languages. Resolution No. FY17 Salary Resolution Page 20 D. The bilingual premium pay rate for certified employees occupying permanent classes in Exhibit 2 is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. Employees will not be entitled to receive bilingual premium pay during an absence from work in excess of 30 calendar days. E. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. F. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. G. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. H. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 18. SPLIT SHIFT PAY Each employee who holds a permanent appointment to a position in a class listed in an exhibit attached to this resolution, except any member of a class marked with a small “e,” a Bus Driver, or a uniformed member of the Fire or Police Department, who is required to work a split shift in excess of nine (9) hours, shall be paid $1.00 per hour for each shift so worked. SECTION 19. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Benefits for employees occupying permanent positions in Exhibit 2 shall be as follows: A. Effective September 1, 2014, the City’s contribution towards employee health insurance is seventy-five percent (75%) of the premium established by the Fresno City Employees Health and Welfare Trust Board, and the employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The cost of increases after September 1, 2014, in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and Resolution No. FY17 Salary Resolution Page 21 employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70%). Should any represented bargaining unit in the City negotiate a successor MOU, impose T & C, extend the period of an MOU or T & C, resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. The following forms of compensation, when authorized, are to be included in base salary: a. Salary; b. Deferred compensation contributions by the City; if permitted by employment contract, the employee may elect to receive a portion of base salary in the form of deferred compensation; and c. Any other form of compensation not specified in paragraph D below. C. The rate of base salary paid shall not be less than or greater than the ranges established in this Salary Resolution at the time the salary is earned. D. The following forms of compensation, when authorized by ordinance, resolution, or an approved written employment contract, are not to be included in base salary: a. Monthly vehicle allowance pursuant to the requirements of Administrative Order 2-2; b. Education and/or certificate pay; c. Premium pay; d. Reimbursement for actual educational expenses related to job position; e. Uniform pay allowance, excluding costs for uniform upkeep; f. Leave payoff/cash out; g. Professional dues for enrollment of professional organizations related to job position; Resolution No. FY17 Salary Resolution Page 22 h. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; i. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; j. Professional pay authorized in a memorandum of understanding closest in relation to the employee’s classification, for example, POST pay for peace officers; k. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; l. City provided contributions to insurance premiums m. Severance pay following an employee’s termination or resignation; and n. City contributions to health and welfare benefits paid during the term of any severance period. E. Compensation paid to employees in the form of either cash or City funded deferred compensation contributions or any equivalent that are in addition to base salary and not covered by another form of authorized compensation approved by City Council (e.g., a memorandum of understanding closest in relation to the employee’s classification; an ordinance; or a resolution) are not authorized. F. The following forms of compensation are authorized for Unit 2 employees, when included in an approved written employment contract: a. Education and/or certificate pay; b. Reimbursement for actual education expenses related to job position; c. Professional dues for enrollment of professional organizations related to job position; d. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; e. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; Resolution No. FY17 Salary Resolution Page 23 f. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; g. Up to six months’ severance pay following an employee’s termination or resignation; and h. City contributions to health and welfare benefits paid during the term of any severance period. G. Performance bonuses for exempt employees, received prior to November 12, 2015, or specifically authorized by City Council after that date, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. H. The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. I. The City provides Long Term Disability Insurance for employees after a 30 calendar day waiting period that provides 2/3 salary replacement benefit up to $7,500 per month. J. Employees may elect to make contributions through payroll deductions for voluntary supplemental benefits made available by the City. K. Employees in Exhibit 2 who are in job classes with salary ranges E10 through E17 are eligible to receive up to fifty dollars ($50) per month into the City Sponsored Deferred Compensation plan, which shall not be calculated as part of base salary. Employees not currently participating in the plan will be required to complete a Participation Agreement and elect to contribute. L. Employees in Exhibit 2 hired on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one-half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s DROP account. Resolution No. FY17 Salary Resolution Page 24 M. The City currently maintains an HRA that qualifies as a “Health Reimbursement Arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen Sick Leave and/or Annual Leave used for sick time and/or Sick Leave, Holiday Leave, and/or Vacation Leave used for sick time (excluding only hours used for Workers’ Compensation benefits and/or other statutory protected leave such as Family and Medical Leave Act and Family Sick Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: • The number of accumulated Supplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with Annual Leave, the number of accumulated frozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • For those with Vacation/Sick Leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable range, multiplied by 12 months then divided by 2,080 hours. • The accounts may be book accounts only, or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall Resolution No. FY17 Salary Resolution Page 25 be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave or frozen Sick Leave or Sick Leave at retirement. N. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA retirement. This section shall also be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 20. BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES A. Employees in permanent positions in the Police Cadet series shall receive the following benefits: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent position other than Police Cadet in the Police Department. Failure to successfully complete the on- going training program will be cause for termination pursuant to FMC 3-266. 2. Upon appointment to a permanent position other than Police Cadet, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. Resolution No. FY17 Salary Resolution Page 26 3. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 4. Actual hours worked in excess of 40 hours a week shall be compensated as overtime in accordance with the applicable provisions of FLSA. 5. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or authorized designee. 6. Sick Leave Employees will accumulate and be able to use Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014. Employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave may be carried over from year to year. 7. Bilingual Premium Pay Employees in permanent positions in the Cadet Series shall be eligible for the Bilingual Certification Program as provided in Section 17. B. Benefits for Permanent Intermittent (hereafter “PI”) and Permanent Part- Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare a. The City shall contribute toward the premium required by the Fresno City Employees Health and Welfare Trust, an amount of money on behalf of the employee in proportion to the number of hours scheduled for that position, as reflected in the adopted budget. The City shall make such contribution only on the condition that the employee agrees to contribute to the Fresno City Employees Health and Welfare Trust the difference between the pro-rated City contribution and the amount required by the Trust for the level of benefits provided. If the employee does not so agree, then the City shall make its contribution for Health and Welfare for such employee, and the employee will be enrolled in the non- Resolution No. FY17 Salary Resolution Page 27 contributory plan. Election to pay such difference must be made within 30 days of appointment. b. An employee who declines to participate in the health plan at employment may elect to participate each year thereafter during the annual open enrollment period or within 30 days from the day of a qualified change in status. Participation at any time shall be done by deduction from the employee’s paycheck. 2. PI employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the Fresno City Employees’ Retirement System and shall be provided with Social Security benefits. PPT employees who participated in the plan as a permanent full-time employee and whose contributions remain on deposit remain members of the Fresno City Employees’ Retirement System. 3. PI and PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 4. Holidays a. PI employees shall accumulate Holiday Leave at the rate of seven and one-third (7 1/3) hours for each 173 hours of non- overtime work. b. PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 5. Leave for PPT Employees in Exhibit 2 PPT employees holding an appointment in a permanent class included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. Resolution No. FY17 Salary Resolution Page 28 C. Use of Leave for Permanent Employees in Exhibit 8 and Permanent Part- Time and Permanent Intermittent Employees 1. Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. 2. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave used as Sick Leave by an employee on or after July 1 of each year for the purposes noted in subsection C.3 below will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The leave cannot be used or considered for the purpose of corrective and/or disciplinary action. 3. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave used as Sick Leave on or after July 1 of each year can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee’s parent (a biological adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 4. After the employee has taken the first three (3) days of leave used for Sick Leave purposes as defined in subsection C3 above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. Resolution No. FY17 Salary Resolution Page 29 SECTION 21. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE The City will extend salary and benefits to permanent City employees while they are serving in active military duty on deployments of more than thirty-one (31) days as the result of the ongoing Middle Eastern conflict, as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health and Welfare Trust; and C. Continued accrual of Vacation, Sick Leave, Annual Leave and/or Administrative Leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 22. UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 23. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY The percentage of wages or salary received for an employee who suffers an injury in the course and scope of City employment shall be the percentage established by the State of California Workers’ Compensation laws. SECTION 24. CONFLICTING RESOLUTIONS Resolution No. 2014-108, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU or T & C, are hereby repealed. SECTION 25. RESOLUTION EFFECTIVE DATE Upon final legislative approval, this Resolution shall become effective, July 1, 2016. 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airport Maintenance Leadworker 310010 6 3529 3704 3891 4087 4288 Airports Building Maintenance Technician 310011 12 3204 3365 3535 3710 3896 Airports Operations Specialist 310012 6 3204 3365 3535 3710 3896 Automotive Parts Leadworker 145006 6 3322 3489 3664 3847 4040 Automotive Parts Specialist 145005 6 3015 3164 3322 3489 3664 Body & Fender Repairer 320036 6 3854 4047 4250 4463 4685 Body & Fender Repairer Leadworker 320037 6 4250 4463 4685 4920 5168 Body & Fender Repairer Trainee 320035 6 3495 3670 3854 4047 4250 Brake & Front End Specialist 710085 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic 320031 6 3854 4047 4250 4463 4685 Bus Air Conditioning Mechanic Leadworker 320032 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic Trainee 320030 67 3495 3670 3854 4047 4250 Bus Equipment Attendant Leadworker 320040 6 3042 3196 3358 3525 3701 Bus Mechanic I 3200202 - 3495 3670 3854 4047 4250 Bus Mechanic II 320021 6 3854 4047 4250 4463 4685 Bus Mechanic Leadworker 320022 6 4250 4463 4685 4920 5168 Collection System Maintenance Operator I 6300032 - 2656 2778 2905 3038 3181 Collection System Maintenance Operator II 630001 12 3288 3451 3625 3804 3996 Collection System Maintenance Operator III 630002 12 3625 3804 3996 4195 4407 Combination Welder II 710065 6 3854 4047 4250 4463 4685 Combination Welder Leadworker 710066 6 4250 4463 4685 4920 5168 Communications Technician I 7100502 - 3835 4026 4226 4436 4660 Communications Technician II 7100514 12 4226 4436 4660 4892 5138 Cross Connection Control Technician 610040 6 3814 4007 4207 4419 4641 SEE APPENDIX FOR FOOTNOTES Page 1.1 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Custodian 810001 12 2368 2477 2598 2716 2841 Electronic Equipment Installer 710060 6 3085 3240 3402 3570 3751 Equipment Service Worker I 710075 12 2459 2579 2710 2845 2985 Equipment Service Worker II 710076 6 3219 3380 3549 3729 3915 Fire Equipment Mechanic I 420010 6 3495 3670 3854 4047 4250 Fire Equipment Mechanic II 420011 6 3854 4047 4250 4463 4685 Fire Equipment Mechanic Leadworker 420012 6 4250 4463 4685 4920 5168 Heavy Equipment Mechanic I 7101002 – 3495 3670 3854 4047 4250 Heavy Equipment Mechanic II 710101 6 3854 4047 4250 4463 4685 Heavy Equipment Mechanic Leadworker 710102 6 4250 4463 4685 4920 5168 Heavy Equipment Operator 710025 6 3854 4048 4252 4464 4686 Helicopter Mechanic 410040 12 3854 4047 4250 4463 4685 Helicopter Mechanic Leadworker 410041 12 4250 4463 4685 4920 5168 Instrumentation Specialist 620025 6 4296 4508 4734 4971 5222 Instrumentation Technician 620026 12 3765 3953 4152 4359 4577 Irrigation Specialist 510005 6 3317 3482 3658 3841 4033 Laborer 710005 12 2656 2778 2905 3038 3181 Light Equipment Mechanic I 7100952 – 3495 3670 3854 4047 4250 Light Equipment Mechanic II 710096 6 3854 4047 4250 4463 4685 Light Equipment Mechanic Leadworker 710097 6 4250 4463 4685 4920 5168 Light Equipment Operator 710020 6 3393 3562 3741 3930 4127 Locksmith 810015 6 3204 3365 3535 3710 3896 Maintenance & Construction Worker 710015 6 3077 3233 3393 3562 3741 Maintenance & Service Worker 710001 6 2281 2395 2515 2643 2775 Maintenance Carpenter I 810020 6 3526 3702 3888 4083 4288 Maintenance Carpenter II 810021 6 3888 4083 4288 4503 4730 Park Equipment Mechanic II 710110 6 3496 3669 3854 4047 4250 SEE APPENDIX FOR FOOTNOTES Page 1.2 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. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Park Equipment Mechanic Leadworker 710111 6 3854 4047 4250 4463 4685 Parking Meter Attendant I 7101254 124 2552 2680 2815 2954 3101 Parking Meter Attendant II 7101264 124 2815 2954 3101 3259 3422 Parking Meter Attendant III 710127 6 3101 3259 3422 3592 3772 Parks Maintenance Worker I 510001 12 2596 2727 2862 3007 3157 Parks Maintenance Worker II 510002 6 3144 3301 3467 3639 3822 Parks Maintenance Leadworker 510003 6 3317 3482 3658 3841 4033 Power Generation Operator/Mechanic 620055 6 4180 4389 4608 4839 5082 Property Maintenance Worker 810006 12 3302 3467 3641 3823 4013 Property Maintenance Leadworker 810007 6 3535 3710 3896 4091 4297 Roofer 810010 6 3204 3365 3535 3710 3896 Senior Communications Technician 710052 6 4660 4892 5138 5396 5668 Senior Custodian 810002 6 2493 2617 2747 2889 3031 Senior Heavy Equipment Operator 710026 6 4743 4984 5231 5492 5769 Senior Wastewater Mechanical Specialist 620062 6 4180 4389 4608 4839 5082 Senior Wastewater Treatment Plant Operator 620043 6 4397 4616 4848 5090 5345 Solid Waste Safety & Training Specialist 640005 6 3657 3840 4034 4237 4448 Street Maintenance Leadworker 710040 6 3393 3562 3741 3930 4127 Street Sweeper Lead Operator 710036 6 3529 3705 3892 4085 4291 Street Sweeper Operator II 710035 6 3200 3361 3529 3705 3892 Tire Maintenance & Repair Technician 710081 6 3109 3264 3429 3600 3780 Tire Maintenance Worker 710080 6 2847 2987 3139 3298 3462 Traffic Maintenance Leadworker 710046 6 3419 3590 3770 3959 4157 Traffic Maintenance Worker I 7100444 124 2819 2961 3108 3263 3429 Traffic Maintenance Worker II 7100454 64 3099 3254 3419 3590 3770 SEE APPENDIX FOR FOOTNOTES Page 1.3 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Tree Trimmer Leadworker 510010 6 3562 3741 3930 4127 4333 Utility Leadworker 710010 6 3082 3224 3379 3535 3701 Waste Collector II 640020 6 2770 2906 3051 3205 3365 Waste Collector Leadworker 640021 6 3205 3365 3534 3709 3897 Waste Container Maintenance Assistant 640010 6 2711 2846 2986 3137 3297 Waste Container Maintenance Worker 640011 6 3190 3348 3515 3692 3879 Wastewater Distributor 620050 6 2739 2881 3023 3175 3334 Wastewater Lead Distributor 620051 6 3262 3425 3596 3776 3965 Wastewater Mechanical Specialist 620061 6 3900 4095 4300 4514 4740 Wastewater Mechanical Technician 620060 6 3097 3240 3387 3549 3720 Wastewater Treatment Plant Operator-In- Training 6200401 – 2739 2881 3023 3175 3334 Wastewater Treatment Plant Operator I 620041 6 3375 3544 3722 3908 4102 Wastewater Treatment Plant Operator II 620042 6 3788 3978 4180 4385 4607 Water System Operator I 610025 6 3337 3505 3678 3862 4057 Water System Operator II 610026 6 3701 3887 4080 4286 4501 Water System Operator III 610027 12 4653 4887 5133 5388 5657 SEE APPENDIX FOR FOOTNOTES Page 1.4 e Exempt class, see Section 4. EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e – E11 7781 - 9717 Assistant City Attorney 160008e – E7 11200 - 14000 Assistant City Manager 150135e – E4 10946 - 18250 Assistant Controller 135020e – E8 8970 - 12621 Assistant Director 150160e -- E8 8970 - 12621 Assistant Director of Personnel Services 150043e – E8 8970 - 12621 Assistant Director of Public Utilities 620100e – E8 8970 - 12621 Assistant Director of Public Works 210089e – E8 8970 - 12621 Assistant Police Chief 415010e – E8 8970 - 12621 Assistant Retirement Administrator 135040e – E11 7781 - 9717 Budget Analyst 135006e 12 E16 3830 - 5390 Budget Manager 135008e – E8 8970 - 12621 Chief Assistant City Attorney 160015e – E5 10946 - 17625 Chief Information Officer 125067e – E6 10946 - 15325 Chief of Staff to the Mayor 150123e – E8 8970 - 12621 City Attorney 160009e - E1 14475 - 20270 City Clerk 150125e – E10 7984 - 11235 City Engineer 210080e – E6 10946 - 15325 City Manager 150130e - E1 14475 - 20270 Community Coordinator 150075e – E16 3830 - 5390 Community Outreach Specialist 150230e – E16 3830 - 5390 Controller 135021e – E6 10946 - 15325 Council Assistant 150085e – E13 2840 - 8834 Deputy City Attorney II 160006e – E12 7074 - 8834 Deputy City Attorney III 160007e – E11 7781 - 9717 Deputy City Manager 150140e – E11 7781 - 9717 Director 150170e -- E6 10946 - 15325 Director of Aviation 310045e – E6 10946 - 15325 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Section 4. EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Development 220020e – E6 10946 - 15325 Director of Personnel Services 150042e – E6 10946 - 15325 Director of Public Utilities 620101e – E6 10946 - 15325 Director of Transportation 310040e – E6 10946 - 15325 Economic Development Coordinator 150090e – E13 2840 - 8834 Economic Development Director 150099e – E6 10946 - 15325 Executive Assistant to Department Director 115003e – E17 3683 - 5133 Executive Assistant to the City Manager 115001e – E17 3683 - 5133 Fire Chief 425007e – E5 10946 - 17625 Governmental Affairs Manager 150240e – E13 2840 - 8834 Human Resources Manager 150025e – E11 7781 - 9717 Independent Reviewer 150220e – E10 7984 - 11235 Internal Auditor 135010e 12 E16 3830 - 5390 Labor Relations Manager 150030e – E11 7781 - 9717 Labor Relations Secretary 115010e 12 E17 3683 - 5133 Payroll Accountant 130016e 12 E13 4949 - 5991 Payroll Manager 135012e – E11 7781 - 9717 Police Chief 415008e7 – E2 14803 - 18250 Principal Budget Analyst 135009e – E11 7781 - 9717 Principal Internal Auditor 135011e – E12 7074 - 8834 Public Affairs Officer 150118e – E12 7074 - 8834 Public Works Director 210085e – E6 10946 - 15325 Redevelopment Administrator 150080e – E8 8970 - 12621 Retirement Administrator 135030e – E6 10946 - 15325 Retirement Benefits Manager 135045e – E9 7781 - 9717 Risk/Safety Manager 150035e – E11 7781 - 9717 Senior Budget Analyst 135007e – E12 7074 - 8834 SEE APPENDIX FOR FOOTNOTES Page 2.2 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Senior Deputy City Attorney 160013e – E10 7984 - 11235 Senior Human Resources/Risk Analyst 150017e – E12 7074 - 8834 Supervising Deputy City Attorney 160010e – E8 8970 - 12621 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 2.3 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2298 2407 2521 2642 2772 - Account Clerk II 1300023 123 2521 2642 2772 2901 3041 - Accountant-Auditor I 1300114 124 3426 3587 3759 3947 4138 - Accountant-Auditor II 1300124 124 3984 4173 4381 4593 4817 - Accounting Technician 130010 12 3041 3189 3343 3502 3674 - Administrative Clerk I 1100013 63 2125 2228 2333 2444 2561 - Administrative Clerk II 1100023 123 2333 2444 2561 2683 2815 - Airports Operations Officer 310006 12 3409 3579 3759 3948 4143 - Airports Property Specialist I 1750014 124 4057 4256 4464 4680 4911 Airports Property Specialist II 1750024 124 4717 4947 5190 5442 5710 - Associate Electrical Safety Consultant I 230022 12 4544 4766 5000 5240 5498 - Associate Electrical Safety Consultant II 230023 12 4766 5000 5240 5498 5769 - Associate Environmental & Safety Consultant I 230003 12 4544 4766 5000 5240 5498 - Associate Environmental & Safety Consultant II 230004 12 4766 5000 5240 5498 5769 - Associate Plumbing & Mechanical Consultant I 230012 12 4544 4766 5000 5240 5498 - Associate Plumbing & Mechanical Consultant II 230013 12 4766 5000 5240 5498 5769 - Billing System Specialist 125075 12 3031 3179 3334 3489 3657 - Budget Technician 135005 12 3090 3238 3395 3559 3733 - Building Inspector I 2300074 124 4334 4544 4766 5000 5240 - Building Inspector II 2300084 124 4544 4766 5000 5240 5498 - Building Inspector III 230009 12 4766 5000 5240 5498 5769 - 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. 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 2521 2642 2778 2901 3041 - Call Center Representative II 1150713 123 2772 2901 3041 3189 3343 - Central Printing Clerk 120005 12 2333 2444 2561 2683 2815 - City Records Specialist 115025 12 3090 3238 3395 3559 3733 - Commercial Building Inspector 230015 12 4544 4766 5000 5240 5498 - Community Recreation Assistant 520010 12 2547 2667 2781 2898 3029 - Community Revitalization Specialist 230053 12 4015 4226 4436 4654 4913 5121 Community Revitalization Technician 230059 12 2909 3050 3196 3351 3514 - Community Services Officer I 4100254 124 2650 2777 2909 3050 3196 - Community Services Officer II 4100264 124 2909 3050 3196 3351 3514 - Computer Systems Specialist I 1250104 124 3690 3867 4056 4254 4461 - Computer Systems Specialist II 1250114 124 4353 4564 4787 5021 5268 - Computer Systems Specialist III 125012 12 4893 5132 5385 5647 5926 - Construction Compliance Specialist 150055 12 3610 3779 3964 4157 4357 - Crime Scene Technician I 4100104 124 3450 3616 3791 3977 4171 - Crime Scene Technician II 4100114 124 3791 3977 4171 4373 4587 - Customer Services Clerk I 1150603 63 2298 2407 2521 2642 2772 - Customer Services Clerk II 1150613 123 2521 2642 2772 2901 3041 - Development Services Coordinator 230057 12 4220 4457 4679 4907 5147 - Emergency Services Dispatcher I 4100015 125 3145 3275 3416 3578 3732 - Emergency Services Dispatcher II 4100025 125 3376 3540 3714 3895 4077 - Emergency Services Dispatcher III 410003 12 3785 3964 4161 4358 4570 - 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 4119 4317 4526 4748 4972 - Engineer II 2100164 124 4781 5007 5253 5504 5786 - Engineering Aide I 2100013 63 2676 2799 2933 3073 3224 - Engineering Aide II 2100023 123 3089 3238 3389 3552 3729 - Engineering Inspector I 2300754 124 4015 4224 4420 4632 4862 - Engineering Inspector II 2300764 124 4397 4610 4836 5072 5320 - Engineering Technician I 2100054 124 3162 3314 3479 3639 3815 - Engineering Technician II 2100064 124 3552 3729 3907 4095 4295 - Environmental Control Officer 620001 12 3961 4155 4351 4564 4783 - Facilities Construction Specialist 230085 12 4157 4356 4570 4790 5025 - Fire Prevention Inspector I 4200014 124 3662 3839 4019 4220 4427 - Fire Prevention Inspector II 4200024 124 4238 4436 4654 4886 5121 - Fleet Operations Specialist 710105 12 3843 4026 4225 4430 4647 - Geographic Information System (GIS) Specialist 125025 12 4893 5132 5385 5647 5926 - Graphics Technician 120013 12 3325 3491 3666 3849 4042 - Helicopter Pilot 410033 12 5118 5373 5642 5924 6220 - Housing Rehabilitation Specialist 230056 12 4128 4334 4551 4779 5018 - Industrial/Commercial Water Conservation Representative 610015 12 3961 4155 4351 4564 4783 - Inorganic Chemist 620020 12 4018 4216 4421 4636 4863 - Laboratory Assistant 620010 12 2754 2890 3027 3174 3327 - Laboratory Technician I 6200114 124 3327 3488 3657 3833 4018 - Laboratory Technician II 6200124 124 3657 3833 4018 4216 4421 - Landscape Water Conservation Specialist 610005 12 3868 4057 4255 4462 4679 - 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3285 3449 3622 3803 3993 - Network Systems Specialist 125030 12 4893 5132 5385 5647 5926 - PAR Program Specialist 410023 12 2909 3050 3196 3351 3514 - Paratransit Specialist 320005 12 3031 3179 3334 3489 3657 - Parking Controller I 7101204 124 2254 2349 2452 2553 2667 - Parking Controller II 7101214 124 2459 2567 2676 2788 2922 - Parking Controller III 710122 12 2676 2788 2922 3044 3180 - Phlebotomist 410007 12 2754 2890 3027 3174 3327 - Planner I 2200053 63 3592 3760 3945 4139 4341 - Planner II 2200063 123 4220 4457 4679 4907 5147 - Plans Examiner I 2100404 124 3583 3755 3938 4129 4333 - Plans Examiner II 2100414 124 4138 4334 4544 4766 5000 - Plans Examiner III 210042 12 4544 4766 5000 5240 5498 - Police Data Transcriptionist 115035 12 2815 2948 3090 3238 3395 - Principal Account Clerk 130004 12 3041 3189 3343 3502 3674 - Procurement Specialist 140002 12 3921 4112 4312 4522 4743 - Program Compliance Officer 640026 12 3339 3507 3683 3868 4061 - Programmer/Analyst I 1250204 124 3690 3867 4056 4254 4461 - Programmer/Analyst II 1250214 124 4353 4564 4787 5021 5268 - Programmer/Analyst III 125022 12 4893 5132 5385 5647 5926 - Programmer/Analyst IV 125023 12 5252 5511 5783 6064 6361 - Property & Evidence Technician 145010 12 3205 3360 3523 3695 3872 - Radio Dispatcher 120015 12 2683 2810 2931 3064 3195 - Rangemaster/Armorer 410035 12 3977 4171 4373 4587 4812 - Real Estate Finance Specialist I 1700014 124 3268 3426 3587 3763 3947 - Real Estate Finance Specialist II 1700024 124 3736 3917 4108 4307 4517 - SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3103 3251 3409 3575 3746 - Retirement Counselor I 1350504 124 3041 3189 3343 3504 3674 - Retirement Counselor II 1350514 124 3343 3504 3674 3852 4041 - Safety and Training Specialist 150050 12 3657 3840 4034 4237 4448 - Secretary 110050 12 2815 2948 3090 3238 3395 - Senior Account Clerk 130003 12 2772 2901 3041 3189 3343 - Senior Administrative Clerk 110003 12 2561 2683 2815 2948 3090 - Senior Call Center Representative 115072 12 3158 3314 3480 3654 3837 - Senior Commercial Building Inspector 230016 12 4766 5000 5240 5498 5769 - Senior Community Revitalization Specialist 230054 12 4669 4902 5147 5445 5743 - Senior Community Services Officer 410027 12 3128 3278 3437 3602 3778 - Senior Crime Scene Technician 410012 12 3977 4171 4373 4587 4812 - Senior Customer Services Clerk 115062 12 2772 2901 3041 3189 3343 - Senior Engineering Technician 210007 12 4119 4317 4526 4748 4972 - Senior Fire Prevention Inspector 420003 12 4750 4978 5216 5472 5743 - Senior Laboratory Technician 620013 12 4018 4216 4421 4636 4863 - Senior Network Systems Specialist 125031 12 5252 5511 5783 6064 6361 - Senior Procurement Specialist 140003 12 4312 4522 4743 4975 5217 - Senior Property & Evidence Technician 145011 12 3523 3695 3872 4060 4259 - Senior Records Clerk 110101 12 2683 2815 2948 3090 3238 - Senior Secretary 110051 12 3090 3238 3395 3559 3733 - 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. SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3205 3360 3523 3695 3872 - Senior Utility Service Representative 230092 12 3251 3409 3575 3746 3931 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 5252 5511 5739 6064 6361 - Staff Assistant 150001 12 3031 3179 3334 3489 3657 - Storeskeeper 145001 12 2917 3059 3205 3360 3523 - Survey Party Technician 210030 12 3552 3729 3907 4095 4295 - Tax/Permit Representative 135001 12 3179 3334 3489 3657 3839 - Traffic Signal Operations Specialist 710150 12 4893 5132 5385 5647 5926 - Tree Program Specialist 510015 12 3868 4057 4255 4462 4679 - Utility Service Representative I 2300904 124 2695 2823 2958 3102 3251 - Utility Service Representative II 2300914 124 2958 3102 3251 3409 3575 - Wastewater Reclamation Coordinator 620035 12 4057 4256 4464 4680 4911 - Water Conservation Representative 610001 12 2667 2781 2898 3043 3179 - Water Systems Telemetry & Distributed Control Specialist 610021 12 4353 4564 4787 5021 5268 - 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. SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA) CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4479 4703 – – – – Police Officer 415002 126 5175 5434 5706 5992 6292 6607 Police Specialist 415003 – 5175 5434 5706 5992 6292 6607 Police Sergeant 415004 12 6238 6550 6878 7222 7584 7964 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA), effective December 31, 2016 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4569 4798 – – – – Police Officer 415002 126 5279 5543 5821 6112 6418 6740 Police Specialist 415003 – 5279 5543 5821 6112 6418 6740 Police Sergeant 415004 12 6363 6681 7016 7367 7736 8124 6 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 6 Unit 6 – Bus Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E F Bus Driver 320015 9 17.307692 19.280769 20.215385 21.173077 23.180769 24.346154 Bus Driver 320015 9 3000 3342 3504 3670 4018 4220 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW) CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6060 Concrete Finisher 730005 12 Flat Rate 5285 Electrician 730010 12 Flat Rate 5481 Industrial Electrician 730012 12 Flat Rate 6060 Painter 730015 12 Flat Rate 4816 Plumber 730030 12 Flat Rate 5481 SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $10.00 Per Hour Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $10.00 - $10.50 Per Hour Police Cadet I 940005 – Hourly $10.00 - $12.48 Per Hour Police Cadet II 940006 – Hourly $12.49 - $16.00 Per Hour Pool Supervisor 950015 – Hourly $12.00 - $22.00 Per Hour Senior Lifeguard 950002 – Hourly $10.50 - $12.00 Per Hour Services Aide 910005 – Hourly $10.00 - $15.00 Per Hour Sports Official 950010 – $10.00 - $50.00 Per Game Student Aide II 910002 – Hourly $10.00 Per Hour Student Bus Driver 930001 - Hourly $15.58 Per Hour SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E9 9639 - 12531 Police Captain 415006e 12 8884 9329 9796 10286 10801 11163 Police Lieutenant 415005e 12 7715 8101 8507 8933 9380 9695 EXHIBIT 9 Unit 9 – Police Management, effective December 31, 2016 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E9 9832 - 12782 Police Captain 415006e 12 9062 9516 9992 10492 11018 11388 Police Lieutenant 415005e 12 7870 8264 8678 9112 9568 9889 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 8086 8492 8915 9360 9827 10318 Deputy Fire Chief 425006e -- 10251 10765 11304 11870 12464 13088 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 11 Unit 11 – Airport Public Safety Officers CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 4909 5152 5396 5663 5943 SEE APPENDIX FOR FOOTNOTES Page 11.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member8 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8 Not applicable for current City employees. SEE APPENDIX FOR FOOTNOTES Page 12.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5260 5518 5786 6072 6368 Airports Airside/Landside Superintendent 310018e 12 5428 5694 5975 6267 6575 Airports Projects Supervisor 310016e 12 6085 6384 6698 7026 7374 Airports Property Supervisor 175005e 12 5316 5578 5852 6140 6441 Architect 210045e 12 5508 5777 6061 6359 6671 Assistant Chief of Wastewater Treatment Operations 620079e 12 5606 5878 6166 6469 6786 Call Center Supervisor 115073e 12 4006 4201 4405 4617 4844 Capital Development Specialist 310007e 12 5631 5910 6201 6503 6823 Chief Engineering Inspector 230078e 12 5623 5898 6188 6493 6811 Chief Engineering Technician 210009e 12 6584 6908 7248 7606 7981 Chief of Facilities Maintenance 810037e 12 6115 6417 6732 7063 7409 Chief of Solid Waste Operations 640035e 12 5852 6140 6441 6757 7089 Chief of Wastewater Environmental Services 620075e 12 5852 6140 6441 6757 7089 Chief of Wastewater Facilities Maintenance 620085e 12 6115 6417 6732 7063 7409 Chief of Wastewater Treatment Operations 620080e 12 6184 6492 6810 7144 7495 Chief of Water Operations 610070e 12 6284 6592 6919 7259 7614 Chief Police Pilot 410031e 12 6908 7248 7606 7981 8377 Chief Surveyor 210032e 12 6908 7248 7606 7981 8377 Collection System Maintenance Supervisor 630005e 12 4905 5146 5398 5664 5941 Community Recreation Supervisor I 520015e 12 4261 4471 4689 4920 5158 Community Recreation Supervisor II 520016e 12 4676 4905 5147 5401 5664 Community Sanitation Supervisor I 720042e 12 5168 5420 5687 5966 6259 Contract Compliance Officer 150061e 12 4353 4564 4787 5024 5266 Custodial Supervisor 810025e 12 3574 3748 3930 4122 4320 Database Administrator 125045e 12 5829 6111 6412 6726 7056 DBE/Small Business Coordinator 150070e 12 5026 5269 5528 5799 6086 SEE APPENDIX FOR FOOTNOTES Page 13-1.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Emergency Preparedness Officer 420020e 12 4094 4295 4504 4725 4954 Emergency Services Communications Supervisor 410004e 12 4588 4812 5046 5294 5553 Energy Efficiency Supervisor 230058e 12 4905 5146 5398 5664 5941 Equipment Supervisor 720031e 12 5570 5841 6128 6429 6746 Fire Prevention Engineer 210055e 12 6085 6384 6698 7026 7374 Fleet Administration Supervisor 720025e 12 5401 5664 5941 6234 6540 Forestry Supervisor I 510030e 12 4261 4471 4689 4920 5158 Forestry Supervisor II 510031e 12 4676 4905 5147 5401 5664 Grant Writer 150105e 12 4380 4600 4830 5071 5325 Housing Program Supervisor 230055e 12 5347 5611 5885 6174 6476 Human Resources Analyst 150016e 12 4094 4295 4504 4725 4954 Human Resources Records Supervisor 115050e 12 4371 4585 4809 5043 5292 Industrial Electrician Supervisor 720020e 12 5843 6136 6443 6764 7104 Information Services Supervisor 125032e 12 6305 6615 6938 7280 7642 Laboratory Supervisor 620014e 12 5087 5336 5597 5872 6161 Lead Risk Analyst 150008e 12 4941 5188 5447 5720 6006 Management Analyst I 150020e 12 3339 3502 3672 3851 4041 Management Analyst II 150021e 12 4094 4295 4504 4725 4954 Parking Supervisor 720035e 12 3141 3291 3450 3618 3794 Parks Supervisor I 510025e 12 4261 4471 4689 4920 5158 Parks Supervisor II 510026e 12 4676 4905 5147 5401 5664 Planner III 220007e 12 5011 5258 5514 5786 6070 Power Generation System Supervisor 620056e 12 5570 5841 6128 6429 6746 Principal Accountant 130014e 12 5557 5830 6117 6417 6732 Procurement Supervisor 140004e 12 4895 5136 5383 5649 5925 Professional Engineer 210100e 12 6085 6384 6698 7026 7374 Project Manager 150065e 12 5631 5910 6201 6503 6823 Records Supervisor 115045e 12 4371 4585 4809 5043 5292 Recycling Coordinator 640001e 12 4251 4458 4674 4902 5143 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Revenue Supervisor 135025e 12 4006 4201 4405 4617 4844 Risk Analyst 150010e 12 4500 4720 4949 5192 5447 Senior Accountant-Auditor 130013e 12 4612 4837 5075 5324 5583 Senior Building Inspector 230034e 12 5118 5370 5633 5911 6202 Senior Database Administrator 125046e 12 6425 6733 7056 7394 7762 Senior Electrical Safety Consultant 230024e 12 5118 5370 5633 5911 6202 Senior Engineering Inspector 230077e 12 5118 5370 5633 5911 6202 Senior Environmental & Safety Consultant 230005e 12 5118 5370 5633 5911 6202 Senior Plumbing & Mechanical Consultant 230014e 12 5118 5370 5633 5911 6202 Senior Real Estate Agent 170012e 12 5476 5744 6026 6323 6633 Senior Retirement Counselor 135052e 12 4458 4682 4916 5161 5420 Solid Waste System Supervisor 640030e 12 5138 5390 5650 5929 6218 Street Maintenance Superintendent 720004e 12 6394 6713 7050 7403 7774 Street Maintenance Supervisor 720001e 12 5900 6191 6495 6814 7149 Supervising Commercial Building Inspector 230036e 12 5118 5370 5633 5911 6202 Supervising Engineering Technician 210008e 12 5797 6085 6384 6698 7026 Supervising Environmental Control Officer 620005e 12 5087 5336 5597 5872 6160 Supervising Fire Prevention Inspector 420005e 12 5359 5621 5899 6189 6494 Supervising Planner 220008e 12 5505 5774 6056 6353 6664 Supervising Plans Examiner 210044e 12 5631 5910 6201 6503 6823 Supervising Professional Engineer 210110e 12 6908 7248 7606 7981 8377 Supervising Real Estate Agent 170013e 12 6014 6309 6619 6944 7286 Supervising Traffic Signal Operations Specialist 720050e 12 6284 6592 6919 7259 7614 Survey Party Chief 210031e 12 4601 4825 5062 5308 5571 Systems Security Administrator 125050e 12 5286 5542 5816 6099 6399 Transit Supervisor I 320050e 12 5138 5390 5650 5929 6218 Transit Supervisor II 320051e 12 5570 5841 6128 6429 6746 Treasury Officer 135015e 12 5557 5830 6117 6417 6732 SEE APPENDIX FOR FOOTNOTES Page 13-1.3 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Wastewater Treatment Maintenance Supervisor 620070e 12 6010 6303 6614 6940 7280 Water Conservation Supervisor 610045e 12 5723 6003 6298 6609 6933 Water System Supervisor 610055e 12 6010 6303 6614 6940 7280 SEE APPENDIX FOR FOOTNOTES Page 13-1.4 EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Legal Assistant 160001 12 3646 3824 4008 4205 4411 Legal Secretary I 115015 12 3101 3250 3406 3570 3744 Legal Secretary II 115016 12 3427 3594 3765 3949 4140 Senior Human Resources Technician 150014 12 3326 3485 3652 3830 4016 Supervising Crime Scene Technician 410013 12 4482 4701 4930 5172 5424 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Administrative Manager 220025e – E11 7781 - 9717 Airports Marketing & Public Relations Coordinator 310150e – E14 5903 7372 Airports Operations Manager 310020e – E12 7074 - 8834 Airports Planning Manager 310019e – E12 7074 - 8834 Airports Properties Manager 310021e – E12 7074 - 8834 Assistant City Clerk 115030e – E14 5903 - 7372 Building Services Manager 230031e – E11 7781 - 9717 Business Manager 150019e – E12 7074 - 8834 City Traffic Engineer 210076e – E13 2840 - 8834 Communications Manager 125060e – E11 7781 - 9717 Community Sanitation Manager 720040e – E14 5903 - 7372 Construction Manager 210096 – E12 7074 - 8834 Deputy City Engineer 210081e – E11 7781 - 9717 Division Manager 150024e – E12 7074 8834 Economic Development Analyst 150095e – E14 5903 - 7372 Facilities Manager 810040e – E12 7074 - 8834 Fleet Manager 720032e – E12 7074 - 8834 Housing & Neighborhood Revitalization Manager 230065e – E11 7781 - 9717 Information Services Manager 125055e – E11 7781 - 9717 Law Office Manager 115020e – E13 2840 - 8834 Management Analyst III 150022e – E13 2840 - 8834 Parks Manager 510035e – E12 7074 - 8834 Personnel Manager 150026e – E12 7074 - 8834 Planning Manager 220010e – E11 7781 - 9717 Projects Administrator 150063e – E11 7781 - 9717 Public Works Manager 210095e – E11 7781 - 9717 Purchasing Manager 140005e – E12 7074 - 8834 Recreation Manager 520025e – E12 7074 - 8834 SEE APPENDIX FOR FOOTNOTES Page 14.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Revenue Manager 135026e – E12 7074 - 8834 Senior Management Analyst 150023e – E14 5903 - 7372 Sewer Maintenance Manager 630010e – E13 2840 - 8834 Solid Waste Manager 640040e – E12 7074 - 8834 Training Officer 150046e – E14 5903 - 7372 Transit Maintenance Manager 320060e – E13 2840 - 8834 Transit Operations Manager 320055e – E12 7074 - 8834 Wastewater Manager 620095e – E13 2840 - 8834 Water System Manager 610075e – E13 2840 - 8834 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6420 6743 7081 7433 7808 Airport Public Safety Supervisor** 310005 12 5615 5894 6190 6500 6823 * Hired before July 1, 2010 ** Hired after July 1, 2010 SEE APPENDIX FOR FOOTNOTES Page 15.1 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. 6 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8 Not applicable to current City employees. e Exempt class, see Section 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 , 2016. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2016 Mayor Approval/No Return: , 2016 Mayor Veto: , 2016 Council Override Vote: , 2016 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tina R. Griffin, Assistant City Attorney FY176 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................... 1 SECTION 2. – SALARY STEP PLAN ............................................................................. 1 SECTION 3. – MONTHLY RATES OF PAY ................................................................... 7 SECTION 4. – EXEMPT JOB CLASSES ....................................................................... 7 SECTION 5. – WAGES, OVERTIME AND PAID SICK LEAVE FOR TEMPORARY AND PART-TIME EMPLOYEES............................................................ 7 SECTION 6. – FLEXIBLE STAFFING ............................................................................ 9 SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .... 9 SECTION 8. – ADMINISTRATIVE MANAGEMENT LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 10 SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 11 SECTION 10.– ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 13 SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ..................................... 17 SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ..... 18 SECTION 13. – VACATION BALANCES ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 ........................................................................................................... 18 SECTION 14. – ADMINISTRATIVE MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 .......................................................................................... 19 SECTION 15. – SALARY RATES .................................................................................. 19 SECTION 16. – DEGREE AND CERTIFICATE PAY ..................................................... 20 SECTION 17. – BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES IN EXHIBIT 2OCCUPYING PERMANENT POSITIONS ........................... 20 SECTION 18. – SHIFT DIFFERENTIAL PAY ................................................................ 21 SECTION 1918. – ................................................................................ SPLIT SHIFT PAY 21 SECTION 2019. –BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES SECTION 201.– BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES ....................................................................................... 26 SECTION 212. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES 30 SECTION 223. – UNUSUAL CIRCUMSTANCES .......................................................... 31 SECTION 234. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 AND EXHIBIT 8 WHILE ABSENT DUE FY176 SALARY RESOLUTION TABLE OF CONTENTS SECTION 245. – ............................................................. CONFLICTING RESOLUTIONS 32 SECTION 256. – ......................................................... RESOLUTION EFFECTIVE DATE 32 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FISCAL YEAR 20176” NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES Except when a provision applies to a specified unit or classification, TtThe rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service; provided, however, that if otherwise expressly stated in a provision herein to apply to a specific unit or class, or if any provision(s) of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) and currently in effect, is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU, or T & C, or provision herein, shall prevail. SECTION 2. SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions, unless modified by an applicable MOU or T & C: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or his/her designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. The fourth step shall be paid upon completion of one (1) year of service at the third step. Resolution No. FY176 Salary Resolution Page 2 E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. Unless modified by applicable MOU or T & C, employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H. Unless modified by applicable MOU or T & C, raises to the second, third, fourth, fifth, and sixth steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or his/her designee. A raise to any step may be made at any time by the City Manager or his/her designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except that where employees work a 56-hour work week, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I. 1. Unless modified by applicable MOU or T & C, an employee who is selected to fill a reclassified position pursuant to FMC Section 3- 209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. 2. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. J. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary Resolution No. FY176 Salary Resolution Page 3 range, and such adjustment shall not alter the employee’s anniversary date for purposes of future step increases in the class. K. A permanent employee, filling a position in a higher class on a temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Subsection I above. L. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent on whose behalf it is authorized. M. Except as noted in Subsection H above, Sstep increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 Resolution No. FY176 Salary Resolution Page 4 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date for purposes of future step increases in the class. N. Transfer to a newdifferent classification in which no salary change occurs shall result in a new anniversary date upon which advancement to the next step shall be calculated. O. In lieu of a Salary Step Plan, an Executive Pay Range Plan has been established for certain classes ias set forth in Exhibit 2. 1. For employees who separated from City service prior to July 1, 2015: a. For purposes of calculating retirement benefits for any employee retired from one of the classes in the Executive Pay Range Plan prior to the effective date of the Executive Pay Range Plan, the highest step for the class shall be equal to the control point as established by these rules and regulations. The D, C, B, and A steps shall be five percent (5%) below the respective preceding steps. In those classifications for which an “F” step exists, the “F” step for the class shall be equal to the control point as established by these rules and regulations. The E, D, C, B, and A steps shall be five percent (5%) below the respective preceding steps unless modified by the respective MOU or T & C. b. The salary for each executive employee in the E1 through E13 E17 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee, except for those ranges established by an MOU or T & C. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to Resolution No. FY176 Salary Resolution Page 5 attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. 2. For employees in Exhibit 2, who separate from City service on or after July 1, 2015: a. The salary for each executive employee in the E1 through E13 E17 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of Section 2, Subsection (O)(2)(b) below. b. For purposes of calculating Compensation Earnable as defined in FMC 3-501, any employee in the City of Fresno Employees Retirement System (hereafter “System”) in a class in the Executive Pay Plan who separates from City service and elects to remain a member of the System shall have their Compensation Earnable calculated as follows: Beginning July 1 following the date the Deferred Vested Member separates from City service, the Member’s Compensation Earnable at the time of separation shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e. general price inflation) and the Employment Cost Index for Wage Inflation (i.e. across Resolution No. FY176 Salary Resolution Page 6 the board pay increases) for State and local government employees, as published by the Bureau of Labor Statistics of the United States Department of Labor. Determination of the percentage of annual increase or decrease in CPI and Employment Costs for wage inflation shall be made by the Retirement Board on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable with the following exceptions: banking shall not be applied nor shall the sum of accumulated CPI and Employment Costs adjustments plus Compensation Earnable exceed fall outside the Executive Pay Range approved by the City Council at the time of retirement. each fiscal year. This process will continue each July 1 until the Deferred Vested Member elects to begin receiving the retirement benefit. This adjusted Compensation Earnable shall be used in the Member’s final compensation for the calculation of the retirement benefit. If a Deferred Vested Member held more than one position during his or her highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro-rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and Employment Costs for wage inflation, shall be used in the Member’s final compensation for the calculation of the retirement benefit. c. System members who retire or enter Deferred Retirement Option Program (hereafter “DROP”) on or after July 1, 2015, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (O)(2)(b) above. P. After any permanent employee holding a position in Exhibit 2 has completed ten (10) full working days of service in a higher class pursuant to one or more such assignments, the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth Resolution No. FY176 Salary Resolution Page 7 above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. Except where provided herein, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. SECTION 3. MONTHLY RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. The hourly rate of pay for employees whose schedule is 40 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,080. The hourly rate of pay for employees whose schedule is 56 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,912. SECTION 4. EXEMPT JOB CLASSES Employees in classes listed in any salary resolution or approved MOU or T & C whose job codes are marked with a small “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY AND PART-TIME EMPLOYEES A. Temporary and part-time employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class pursuant to Section 3. Resolution No. FY176 Salary Resolution Page 8 B. Paid Sick Leave for Temporary Employees 1. Temporary employees will accumulate and be able to use paid Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014. 2. Temporary employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave will be capped at forty-eight (48) hours. Sick Leave may be carried over from year to year. 3. Temporary employees will be eligible to use Sick Leave on the ninetieth (90th) day of employment. 4. Temporary employees may use up to three (3) days of sick leave or twenty-four (24) hours, whichever is greater in each fiscal year (July 1 through June 30). 5. Sick lLeave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 6. Temporary employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. Resolution No. FY176 Salary Resolution Page 9 SECTION 6. FLEXIBLE STAFFING An employee holding a permanent appointment in a position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director recommends such appointment. Such appointments may be made without regard to the number of positions listed for that class in the Position Authorization Resolution of the current budget, provided that the number of employees assigned to all classes in the group is authorized in the Position Authorization Resolution of the current budget. SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager or designee. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per work week. The work week begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA work weeks. All employees working a 9/80 work schedule shall have an FLSA work week, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 12 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and may elect tomust either take two (2) hours Vacation, Annual, Holiday, or Administrative Management Leave or receive two (2) hours leave without pay if on a 4/10 schedule, or one (1) hour Vacation, Annual, Holiday, or Administrative Management Leave or receive one (1) hour leave without pay if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular Resolution No. FY176 Salary Resolution Page 10 work day, shall receive eight (8) hours of Holiday Leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of Holiday Leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of Annual Leave per month as under a 5/8 planwork schedule. Annual Leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of Sick Leave per month, and receive Sick Leave pay for the actual number of hours absent, provided the employee has a sufficient balance of Sick Leave hours. 2. Vacation: Employees on a 4/10 or 9/80 plan work schedule shall accumulate the same number of hours vacation per month as under a 5/8 planwork schedule. Vacation Leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of Vacation Leave hours. SECTION 8. ADMINISTRATIVE MANAGEMENT LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. For employees in Exhibit 2, Management Leave shall be granted as follows: 1. Full time employees permanently appointed to permanent positions in classes, which are included in Exhibit 2 who are not entitled to payment for, or equivalent Compensatory Time Off for, overtime work (as described in Section 4.), shall be granted Administrative Management Leave, or as may be provided below. A balance of 60 hours shall be credited to each such employee as of the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of Administrative Management Leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of Administrative Management Leave for each full month of such provisional or limited appointment. Resolution No. FY176 Salary Resolution Page 11 2. Administrative Leave not taken during the fiscal year in which it is credited shall not be added to the leave credited in the next fiscal year.Unused Management Leave will not be carried forwardover to the next fiscal year. Employees may request payment and be compensated for up to forty-eight (48) hours of Administrative Management Leave during the fiscal year in which it is credited, subject to rules established by the City Manager. Employees shall be compensated for any Administrative Management Leave balance, not to exceed sixty (60) hours, upon termination from City service. 3. Administrative Management leave Leave shall be scheduled at the convenience of the department. Approval by the City Manager or his/her designee must be obtained before an appointing authority may take such leave. B. For employees in Non-Exempt positions, the Management Leave Plan shall be as follows: Employees in non-exempt positions who are in limited or provisional appointments to exempt positions, except for employees in Exhibit 5, shall receive five (5) hours of Management Leave for each full month of such provisional or limited appointment. Employees in Exhibit 5 who are in limited or provisional appointments for a Battalion Chief position shall receive six (6) hours of Management Leave for each full month of such provisional or limited appointment. Employees must use the Management Leave in accordance with applicable provisions in appropriate MOUs or T & Cs. SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 A. Employees holding a permanentan appointment in a permanent class included in Exhibit 2 who are not participating in the Annual Leave Plan and who meet the eligibility criteria in Section 2019(FM), shall, upon separation from City service, if eligible for service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated unused Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 2019(FM). Resolution No. FY176 Salary Resolution Page 12 B. Family Sick Leave: Employees holding a permanent an appointment in a permanent class included in Exhibit 2, who are not participating in the Annual Leave Plan, shall be allowed to use up to 48 hours of accumulated Sick Leave per fiscal year for Family Sick Leave, and up to 20 hours of Supplemental Sick Leave in accordance with the provisions for such leave. The purpose of this benefit is to allow employees time to care for members themselves andof their immediate family or domestic partners (as defined by the FMC and California Labor Code Section 233). Family Sick Leave may be used to actually care for or arrange for the care of family members or domestic partners who are ill and cannot care for themselves, or to take family members or domestic partners to routine medical or dental appointments. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Family Sick Leave shall be authorized and recorded by an appointing authority or designee. C. For those employees not participating in the Annual Leave Plan, the first three (3) days or twenty-four (24) hours, whichever is greater, of Sick Leave used by an employee on or after July 1 of each fiscal year will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014, and will not be subject to corrective and/or disciplinary action. The first three (3) days or twenty-four (24) hours, whichever is greater, of Sick Leave on or after July 1 of each year can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child) , child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). Resolution No. FY176 Salary Resolution Page 13 After the employee has taken the first three (3) days of Sick Leave on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. Employees who separate City employment and return within one (1) of year of such separation will be entitled to reinstatement of unused their Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who have been continuously employed by the City and previously elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMC Section 3-107, and Vacation Leave, as provided in Section 13, Subsection A of this Salary Resolution and FMC Section 3-108. B. For employees on a forty (40) hour work schedule, the Annual Leave Plan shall be as follows: 1. Annual Leave Accrual – Vacation Leave and Sick Leave will no longer be accumulated as provided in the FMC, but as detailed below. Except for Administrative Orders 2-20 (Sick Leave Policy) and 2-19.1 (Attendance Policy) and any other exceptions noted herein, all other provisions of the FMC, City administrative orders, policies, procedures, rules and regulations concerning leave administration will continue to apply. Employees holding a permanent an appointment in a permanent class included in Exhibit 2, who are participating in the Annual Leave Plan, shall be allowed to use up to the hours of Annual Leave accumulated in six (6) months for Family Sick Leave. a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were permanent City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual Annual Leave accrual rate to the same level for employees in Exhibit 2. Resolution No. FY176 Salary Resolution Page 14 For such employees who have been continuously employed by the City for less than ten (10) years and became permanent City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were permanent City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual Annual leave Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for ten (10) years or more and became permanent City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, the accumulation of unused Annual Leave will not exceed 1,200 hours for employees in the Executive Pay ranges E1, E2, and E3 ranges through E6; 1,000 hours for employees in the E4 E7 and E10 ranges; and 840 hours for employees in Executive Pay rangesthe E6 through E13E8, E9, E11, E12, E13, E14, E15, E16, and E17 ranges. In the event an employee has an Annual Leave balance over the limits listed above, accruals will cease until the balance is under the limit. 2. Use of Annual Leave – Annual Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. The first three (3) days or twenty-four (24) hours, whichever is greater, of Annual Leave used in lieu of Sick Leave by an employee on or after July 1 of each year for the purposes noted below will be Resolution No. FY176 Salary Resolution Page 15 considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The leave cannot be used or considered for the purpose of corrective and/or disciplinary action. The first three (3) days or twenty-four (24) hours, whichever is greater, in lieu of Annual Leave used as Sick Leave on or after July 1 of each year can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). After the employee has taken the first three (3) days of Annual Leave used for sick leave purposes as defined above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. 3. Transfer – An employee transferring to a position in a bargaining group, which is not covered by Annual Leave, may either cash out his or her unused Annual Leave balance at his or herthe applicable base rate of pay, or have the unused Annual Leave balance converted to a non-accruing Annual Leave balance of hours. The conversion is obtained by multiplying unused Annual Leave hours by the applicable class’s base rate of pay (converted to an hourly figure), dividing the product by the transfer class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee. Resolution No. FY176 Salary Resolution Page 16 4. a. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten percent (10%) percent of their Annual Leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. b. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused Annual Leave balances at their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. 5. Vacation Leave Balances Unused – Employees transferring to a position covered by Annual Leave will have their unused Vacation Leave balances transferred into their Annual Leave account. 6. Sick Leave Balances Unused – Employees transferring to a position covered by Annual Leave will have their unused Sick Leave balances frozen. a. Use of Frozen Sick Leave – Except for usage permitted by California Labor Code Section 233 (Sick Leave; Use to Attend to Illness in Family), AB 1522 Healthy Workplace Healthy Family Act of 2014 and Special Sick Leave, frozen Sick Leave balances may only be used by the employee for a medically verified extended illness over three (3) days or twenty-four (24) consecutive work hours, whichever is greater. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service, if eligible for service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 2019(FIM) shall be credited with the number of accumulated frozen Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40% of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA Conversion example: 100 unused hrs x $15.00 (base rate) = 75 hrs placed in non-accruing $20.00 (Transfer class base rate) annual leave balance account Resolution No. FY176 Salary Resolution Page 17 premiums), pursuant to the City’s HRA as set forth in Section 2019(FM). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of their Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. 7. Pensionability – Cash outs of annual leave balances are not pensionable for retirement purposes. Monies payable under the Annual Leave Plan will not be considered pensionable for retirement purposes. SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 A. All employees in classes or positions listedEmployees occupying a permanent position in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116, except in lieu of February 12 (Lincoln’s Birthday) and September 9 (Admissions Day), such employees shall accrue eight (8) hours Holiday Leave on July 1 of each calendar year. B. Employees may request payment and be compensated for up to 48 hours or ten percent (10%) percent of their Holiday Leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be considered pensionable for retirement purposes. C. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to his or her holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, or falls on the employee’s day off if the employee does not work a Monday through Friday schedule, such employee shall receive eight (8) hours Holiday Leave. D. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be considered pensionable for retirement purposes. Resolution No. FY176 Salary Resolution Page 18 SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to permanent positions/classifications set forth in Exhibit 2 shall receive 40 hours of Supplemental Sick Leave each fiscal year with an accrual limit of 80 hours. Supplemental Sick leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees shall be allowed to use up to half of the hours of Supplemental Sick Leave accrued in a fiscal year, for Family Sick Leave. Employees in Exhibit 2 will retain all Supplemental Sick Leave hours already earned and may continue to utilize the hours: (1) once regular Sick or Annual Leave has been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City if not eligible for participation in the HRA; (4) may be used in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in the HRA in accordance with Section 20(F); or (6) up to 20 hours per fiscal year for Family Sick Leave used only for those purposes defined in the California Labor Code 233. Use of Family Sick Leave shall be authorized and recorded by the department director or designee. Payment received under this provision will not be considered pensionable for retirement purposes. SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 A. Eligible employees in classes listed in Exhibit 2 who are not participating in the Annual Leave plan, shall accumulate Vacation Leave as provided in FMC Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused Vacation Leave credit for 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused Vacation Leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31 of that year, the employee has a balance of 240 or more hours of Sick Leave. All other provisions of FMC Section 3-108 shall apply. Payment received under this provision will not be considered pensionable for retirement purposes. B. Reduction in Force Resolution No. FY176 Salary Resolution Page 19 An employee in a class in Exhibit 2 who is not participating in the Annual Leave plan who is either demoted or transferred to a non-management class as a result of a reduction-in-force, pursuant to the provisions of FMC Sections 3-291 and/or 3-277, may use any hours in the employee’s Vacation Leave balance that exceed the maximum allowable within one (1) year following the effective date of the bump or transfer, or request a payoff for those hours above the applicable maximum. The employee must either use or request a payoff prior to June 30 of the fiscal year in which the hours were credited, of any remaining Administrative Management Leave balance. Requests for payoff of excess Vacation Leave hours and/or Administrative Management Leave must be submitted prior to the effective date of the bump or transfer. SECTION 14. ADMINISTRATIVE MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees who are designated as exempt from overtime under the provisions of the FLSA and who receive Administrative Management Leave pursuant to Section 8, may be granted Administrative Management Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Administrative Management Time Off shall not be deducted from any existing leave banks. Administrative Management Time Off must be scheduled in advance when possible, approved as Administrative Management Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Administrative Management Time Off for a full day’s absence. SECTION 15. SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Police Non-SupervisoryManagement EXHIBIT 5 Fire Non-Management EXHIBIT 6 Transit Resolution No. FY176 Salary Resolution Page 20 EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 11 Fresno Airport Public Safety Officers EXHIBIT 12 Board and Commission Members EXHIBIT 13-1 Management Non-ConfidentialExempt Supervisory and Professional EXHIBIT 13-2 Non-Management ConfidentialNon-Exempt Professional EXHIBIT 14 Management Confidential EXHIBIT 15 Airport Public Safety Supervisors SECTION 16. DEGREE AND CERTIFICATE PAY Certificate pays are not pensionable unless otherwise required to be under the FMC or under law. A. Each employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. B. Employees who possess and maintain certification as a Certified Access Specialist program (CASp) and are in a position identified by a department as eligible for Certificate Pay shall receive $200 per month. SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES IN EXHIBIT 2 The bilingual certification program consists of a City administered examination process whereby employees in Exhibit 2 or employees with applicable MOUs or T & Cs with Bilingual pay provisions, may apply for a bilingual examination in November, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable unless otherwise required under the FMC or under law. In conjunction with the Director of Personnel Services, department directors or their designees shall annually designate those positions or assignments for which bilingual skills are desired, unless modified by applicable MOU or T & C. A. Bilingual certification examinations will be conducted once per year in December. During the examination noticing period, examination applications will be available at the Personnel Services Department and City department personnel units. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Resolution No. FY176 Salary Resolution Page 21 B. In order to qualify for the examination in December, the application must be received by the Personnel Services Department during the month of November, but no later than the last regular business day of NovembeIn the event that an employee is hired, in part, because of bilingual skills, the Personnel Services Department may conduct a special examination for the employee outside of the window noted above. The determination will be made upon request by the Department/Division and approval by the Director of Personnel Services. C.B. This bilingual certification program and application deadlines areis not subject to the grievance or appeal process. D.C. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish, and Vietnamese languages. E.D. The bilingual premium pay rate for certified permanent employees occupying permanent classes in Exhibit 2 is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. Employees will not be entitled to receive bilingual premium pay during an absence from work in excess of 30 calendar days. F.E. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. G.F. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. H.G. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. I.H. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 18. SHIFT DIFFERENTIAL PAY Unless modified by applicable MOU, each employee not represented by a recognized employee organization who is required to work a night shift where at least four (4) or more hours worked occur after 5:00 p.m. and before 8:00 a.m., shall be paid an additional $1.00 for each shift so worked. SECTION 1918. SPLIT SHIFT PAY Resolution No. FY176 Salary Resolution Page 22 Each employee who holds a permanent appointment to a position in a class listed in an exhibit attached to this resolution, except any member of a class marked with a small “e,” a Bus Driver, or a uniformed member of the Fire or Police Department, who is required to work a split shift in excess of nine (9) hours, shall be paid $1.00 per hour for each shift so worked. SECTION 2019. BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING PERMANENT CLASSES POSITIONS IN EXHIBIT 2 Benefits for employees occupying permanent positions in Exhibit 2 shall be as follows: A. Effective September 1, 2014, the City’s contribution towards employee health insurance is seventy-five percent (75%) of the premium established by the Fresno City Employees Health and Welfare Trust Board, and the employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The cost of any future increases after September 1, 2014, in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70%). Should any represented bargaining unit in the City negotiate a successor MOU, impose T & C, extend the period of an MOU or T & C, or have terms imposed resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. The following forms of compensation, when authorized, are to be included in base salary: a. Salary; b. Deferred compensation contributions by the City; if permitted by employment contract, the employee may elect to receive a portion of base salary in the form of deferred compensation; and c. Any other form of compensation not specified in paragraph D below. C. The rate of base salary paid shall not be less than or greater than the ranges established in this Salary Resolution at the time the salary is earned. Resolution No. FY176 Salary Resolution Page 23 D. The following forms of compensation, when authorized by ordinance, resolution, or an approved written employment contract, are not to be included in base salary: a. Monthly vehicle allowance pursuant to the requirements of Administrative Order 2-2; b. Education and/or certificate pay; c. Premium pay; d. Reimbursement for actual educational expenses related to job position; e. Uniform pay allowance, excluding costs for uniform upkeep; f. Leave payoff/cash out; g. Professional dues for enrollment of professional organizations related to job position; h. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; i. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; j. Professional pay authorized in a memorandum of understanding closest in relation to the employee’s classification, for example, POST pay for peace officers; k. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; l. City provided contributions to insurance premiums m. Severance pay following an employee’s termination or resignation; and n. City contributions to health and welfare benefits paid during the term of any severance period. E. Compensation paid to employees in the form of either cash or City funded deferred compensation contributions or any equivalent that are in addition to base salary and not covered by another form of authorized compensation approved by City Council (e.g., a memorandum of understanding closest in relation to the employee’s classification; an ordinance; or a resolution) are not authorized. F. The following forms of compensation are authorized for Unit 2 employees, when included in an approved written employment contract: a. Education and/or certificate pay; b. Reimbursement for actual education expenses related to job position; c. Professional dues for enrollment of professional organizations related to job position; d. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; Resolution No. FY176 Salary Resolution Page 24 e. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; f. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; B. Up to six months’ severance pay following an employee’s termination or resignation; and g. City contributions to health and welfare benefits paid during the term of any severance period. h. Performance bonuses for exempt employees, received prior to November 12, 2015, or specifically authorized by City Council after that date, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. C. D. Pay for performance bonuses for exempt employees shall be considered pensionable compensation for calculation of retirement benefits, but shall not be included as part of the base salary or salary ranges. G. Performance bonuses for exempt employees, received prior to November 12, 2015, or specifically authorized by City Council after that date, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. H. The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. I. The City provides Long Term Disability Insurance for employees after a 30 calendar day waiting period that provides 2/3 salary replacement benefit up to $7,500 per month. J. Employees may elect to make contributions through payroll deductions for voluntary supplemental benefits made available by the City. E.K. Employees in Exhibit 2 who are in job classes with salary ranges E6 E10 through E13 E17 are eligible to receive up to fifty dollars ($50) per month into the City Sponsored Deferred Compensation plan, which shall not be calculated as part of base salary. Employees not currently participating in the plan will be required to complete a Participation Agreement and elect to contribute. F.L. Permanent employees Employees in Exhibit 2 hired on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Resolution No. FY176 Salary Resolution Page 25 Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one-half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s DROP account. MF. The City currently maintains an HRA that qualifies as a “Health Reimbursement Arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen Sick Leave and/or Annual Leave used for sick time and/or Sick Leave, Holiday Leave, and/or Vacation Leave used for sick time (excluding only hours used for Workers’ Compensation benefits and/or other statutory protected leave such as Family & and Medical Leave Act and Family Sick Leave -) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: • The number of accumulated Supplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with Annual Leave, the number of accumulated frozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • For those with Vacation/Sick Leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable Exhibitrange, multiplied by 12 months then divided by 2,080 hours. Resolution No. FY176 Salary Resolution Page 26 • The accounts may be book accounts only, - or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave or frozen Sick Leave or Sick Leave at retirement. GN. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA retirement. This section shall also be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 2120. BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES Resolution No. FY176 Salary Resolution Page 27 A. Benefits for the Police Cadet series shall be as follows:Employees in permanent positions in the Police Cadet series shall receive the following benefits: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent position other than Police Cadet in the Police Department. Failure to successfully complete the on- going training program will be cause for termination pursuant to FMC 3-266. 2. Upon appointment to a permanent position other than Police Cadet, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Workers’ Compensation Benefits shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4.3. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 5.4. Actual hours worked in excess of 40 hours a week shall be compensated as overtime in accordance with the applicable provisions of FLSA. Overtime shall be at one and one-half (1.5) times the base rate of pay. 6.5. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or authorized designee. 6. Sick Leave Employees will accumulate and be able to use Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014. 7. Employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave may be carried over from year to year. 7. Bilingual Premium Pay Resolution No. FY176 Salary Resolution Page 28 8. Employees in permanent positions in the Cadet series Series shall be eligible for the Bilingual Certification Program as provided in Section 17. 9. An employee in who sustains an injury or illness in the course and scope of City employment shall receive 66.67% of average weekly earnings in the fifty-two weeks prior to the injury from the City, beginning on the fourth calendar day of such absence and continuing thereafter, unless hospitalized on the first day for at least 24 hours or unless the absence exceeds 14 calendar days, in which case the employee shall receive the 66.67 percent from the first day. At the employee’s option, in the event that pay from the City is not provided during the first three (3) days of absence due to injury, the employee may use any available leave for that period. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State mandated workers’ compensation rate of payment be adjusted, the City shall adjust the rate provided for in this section accordingly. B. Benefits for Permanent Intermittent (hereafter “PI”) and Permanent Part- Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare a. The City shall contribute toward the premium required by the Fresno City Employees Health and Welfare Trust, an amount of money on behalf of the employee in proportion to the number of hours scheduled for that position, as reflected in the adopted budget. The City shall make such contribution only on the condition that the employee agrees to contribute to the Fresno City Employees Health and Welfare Trust the difference between such the pro-rated City contribution and the amount required by the Trust for the level of benefits provided. If the employee does not so agree, then the City shall make no its contribution for Health and Welfare for such employee, and the employee will be enrolled in the non-contributory plan. Election to pay such difference shall must be made within 30 days of appointment. b. An employee who declines to participate in the health plan at employment may elect to participate each year thereafter during the annual open enrollment period or within 30 days from the day of a qualified change in status. Participation at any time shall be done by deduction from the employee’s paycheck. Resolution No. FY176 Salary Resolution Page 29 2. PI employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the Fresno City Employees’ Retirement System and shall be provided with Social Security benefits. PPT employees who participated in the plan as a permanent full-time employee and whose contributions remain on deposit remain members of the Fresno City Employees’ Retirement System. 3. Workers’ Compensation Benefits for PI and PPT employees shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4.3. PI and PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 54. Holidays a. PI employees shall accumulate Holiday Leave at the rate of seven and one-third (7 1/3) hours for each 173 hours of non- overtime work. b. PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 65. Leave for PPT Employees in Exhibit 2 PPT employees appointed to positions in classes,holding an appointment in a permanent class which are included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. Resolution No. FY176 Salary Resolution Page 30 C. Use of Leave for Permanent Employees in Exhibit 8 and Permanent Part- Time and Permanent Intermittent Employees 1. Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. 2. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave used as Sick Leave by an employee on or after July 1 of each year for the purposes noted in subsection C.3 below will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The leave cannot be used or considered for the purpose of corrective and/or disciplinary action. 3. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave used as Sick Leave on or after July 1 of each year can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee’s parent (a biological adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 4. After the employee has taken the first three (3) days of leave used for Sick Leave purposes as defined in subsection C.3 above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. SECTION 2221. SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES ON LEAVE FOR MILITARY SERVICE Resolution No. FY176 Salary Resolution Page 31 The City of Fresno will extend salary and benefits to permanent City employees while they are serving in active military duty on deployments of more than thirty- one (31) days as the result of the ongoing Middle Eastern conflict, as follows: A. Payment of the employee’s salary differential benefit; A.B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health and Welfare Trust; and B. Continued accrual of Vacation, Sick Leave, Annual Leave and/or Administrative Leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. C. SECTION 2322. UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 2423. SALARIES FOR EMPLOYEES IN EXHIBIT 2, AND EXHIBIT 8, AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY Notwithstanding the provisions of FMC Section 3-118 The percentage of wages or salary received for an employee who suffers an injury in the course and scope of City employment shall be the percentage established by the State of California Workers’ Compensation Benefitslaws shall be those amounts established by the Workers’ Compensation regulations of California State Law., an employee in Exhibit 2 and Exhibit 8 who sustains an injury or illness in the course and scope of City employment shall receive 66.67% of average weekly earnings in the fifty- two weeks prior to the injury from the City, beginning on the fourth calendar day of such absence and continuing thereafter, unless hospitalized on the first day for at least 24 hours or unless the absence exceeds 14 calendar days, in which case the employee shall receive the 66.67 percent from the first day. At the employee’s option, in the event that pay from the City is not provided during the first three (3) days of absence due to injury, the employee may use any available leave, including frozen Sick Leave for that period. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State mandated workers’ compensation rate of payment be adjusted, the City shall adjust the rate provided for in this section accordingly. Resolution No. FY176 Salary Resolution Page 32 SECTION 2524. CONFLICTING RESOLUTIONS Resolution No. 2014-108, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU or T & C, are hereby repealed. SECTION 2625. RESOLUTION EFFECTIVE DATE Upon final legislative approval, tThis Rresolution shall become effective, was adopted on July 1, 201520166. 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. 117 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 1/28/16 Fourth Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airport Maintenance Leadworker 310010 6 3529 3704 3891 4087 4288 Airports Building Maintenance Technician 310011 12 3204 3365 3535 3710 3896 Airports Operations Specialist 310012 6 3204 3365 3535 3710 3896 Automotive Parts Leadworker 145006 6 3322 3489 3664 3847 4040 Automotive Parts Specialist 145005 6 3015 3164 3322 3489 3664 Body & Fender Repairer 320036 6 3854 4047 4250 4463 4685 Body & Fender Repairer Leadworker 320037 6 4250 4463 4685 4920 5168 Body & Fender Repairer Trainee 320035 6 3495 3670 3854 4047 4250 Brake & Front End Specialist 710085 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic 320031 6 3854 4047 4250 4463 4685 Bus Air Conditioning Mechanic Leadworker 320032 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic Trainee 320030 6117 3495 3670 3854 4047 4250 Bus Equipment Attendant Leadworker 320040 6 3042 3196 3358 3525 3701 Bus Mechanic I 3200202 - 3495 3670 3854 4047 4250 Bus Mechanic II 320021 6 3854 4047 4250 4463 4685 Bus Mechanic Leadworker 320022 6 4250 4463 4685 4920 5168 Collection System Maintenance Operator I 6300032 - 2656 2778 2905 3038 3181 Collection System Maintenance Operator II 630001 12 3288 3451 3625 3804 3996 Collection System Maintenance Operator III 630002 12 3625 3804 3996 4195 4407 Combination Welder II 710065 6 3854 4047 4250 4463 4685 Combination Welder Leadworker 710066 6 4250 4463 4685 4920 5168 Communications Technician I 7100502 - 3835 4026 4226 4436 4660 Communications Technician II 7100514 12 4226 4436 4660 4892 5138 Cross Connection Control Technician 610040 6 3814 4007 4207 4419 4641 SEE APPENDIX FOR FOOTNOTES Page 1.1 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Custodian 810001 12 2368 2477 2598 2716 2841 Electronic Equipment Installer 710060 6 3085 3240 3402 3570 3751 Equipment Service Worker I 710075 12 2459 2579 2710 2845 2985 Equipment Service Worker II 710076 6 3219 3380 3549 3729 3915 Fire Equipment Mechanic I 420010 6 3495 3670 3854 4047 4250 Fire Equipment Mechanic II 420011 6 3854 4047 4250 4463 4685 Fire Equipment Mechanic Leadworker 420012 6 4250 4463 4685 4920 5168 Heavy Equipment Mechanic I 7101002 – 3495 3670 3854 4047 4250 Heavy Equipment Mechanic II 710101 6 3854 4047 4250 4463 4685 Heavy Equipment Mechanic Leadworker 710102 6 4250 4463 4685 4920 5168 Heavy Equipment Operator 710025 6 3854 4048 4252 4464 4686 Helicopter Mechanic 410040 12 3854 4047 4250 4463 4685 Helicopter Mechanic Leadworker 410041 12 4250 4463 4685 4920 5168 Instrumentation Specialist 620025 6 4296 4508 4734 4971 5222 Instrumentation Technician 620026 12 3765 3953 4152 4359 4577 Irrigation Specialist 510005 6 3317 3482 3658 3841 4033 Laborer 710005 12 2656 2778 2905 3038 3181 Light Equipment Mechanic I 7100952 – 3495 3670 3854 4047 4250 Light Equipment Mechanic II 710096 6 3854 4047 4250 4463 4685 Light Equipment Mechanic Leadworker 710097 6 4250 4463 4685 4920 5168 Light Equipment Operator 710020 6 3393 3562 3741 3930 4127 Locksmith 810015 6 3204 3365 3535 3710 3896 Maintenance & Construction Worker 710015 6 3077 3233 3393 3562 3741 Maintenance & Service Worker 710001 6 2281 2395 2515 2643 2775 Maintenance Carpenter I 810020 6 3526 3702 3888 4083 4288 Maintenance Carpenter II 810021 6 3888 4083 4288 4503 4730 Park Equipment Mechanic II 710110 6 3496 3669 3854 4047 4250 SEE APPENDIX FOR FOOTNOTES Page 1.2 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Park Equipment Mechanic Leadworker 710111 6 3854 4047 4250 4463 4685 Parking Meter Attendant I 7101254 124 2552 2680 2815 2954 3101 Parking Meter Attendant II 7101264 124 2815 2954 3101 3259 3422 Parking Meter Attendant III 710127 6 3101 3259 3422 3592 3772 Parks Maintenance Worker I 510001 12 2596 2727 2862 3007 3157 Parks Maintenance Worker II 510002 6 3144 3301 3467 3639 3822 Parks Maintenance Leadworker 510003 6 3317 3482 3658 3841 4033 Power Generation Operator/Mechanic 620055 6 4180 4389 4608 4839 5082 Property Maintenance Worker 810006 12 3302 3467 3641 3823 4013 Property Maintenance Leadworker 810007 6 3535 3710 3896 4091 4297 Roofer 810010 6 3204 3365 3535 3710 3896 Senior Communications Technician 710052 6 4660 4892 5138 5396 5668 Senior Custodian 810002 6 2493 2617 2747 2889 3031 Senior Heavy Equipment Operator 710026 6 4743 4984 5231 5492 5769 Senior Wastewater Mechanical Specialist 620062 6 4180 4389 4608 4839 5082 Senior Wastewater Treatment Plant Operator 620043 6 4397 4616 4848 5090 5345 Solid Waste Safety & Training Specialist 640005 6 3657 3840 4034 4237 4448 Street Maintenance Leadworker 710040 6 3393 3562 3741 3930 4127 Street Sweeper Lead Operator 710036 6 3529 3705 3892 4085 4291 Street Sweeper Operator II 710035 6 3200 3361 3529 3705 3892 Tire Maintenance & Repair Technician 710081 6 3109 3264 3429 3600 3780 Tire Maintenance Worker 710080 6 2847 2987 3139 3298 3462 Traffic Maintenance Leadworker 710046 6 3419 3590 3770 3959 4157 Traffic Maintenance Worker I 7100444 124 2819 2961 3108 3263 3429 Traffic Maintenance Worker II 7100454 64 3099 3254 3419 3590 3770 SEE APPENDIX FOR FOOTNOTES Page 1.3 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Tree Trimmer Leadworker 510010 6 3562 3741 3930 4127 4333 Utility Leadworker 710010 6 3082 3224 3379 3535 3701 Waste Collector II 640020 6 2770 2906 3051 3205 3365 Waste Collector Leadworker 640021 6 3205 3365 3534 3709 3897 Waste Container Maintenance Assistant 640010 6 2711 2846 2986 3137 3297 Waste Container Maintenance Worker 640011 6 3190 3348 3515 3692 3879 Wastewater Distributor 620050 6 2739 2881 3023 3175 3334 Wastewater Lead Distributor 620051 6 3262 3425 3596 3776 3965 Wastewater Mechanical Specialist 620061 6 3900 4095 4300 4514 4740 Wastewater Mechanical Technician 620060 6 3097 3240 3387 3549 3720 Wastewater Treatment Plant Operator-In- Training 6200401 – 2739 2881 3023 3175 3334 Wastewater Treatment Plant Operator I 620041 6 3375 3544 3722 3908 4102 Wastewater Treatment Plant Operator II 620042 6 3788 3978 4180 4385 4607 Water System Operator I 610025 6 3337 3505 3678 3862 4057 Water System Operator II 610026 6 3701 3887 4080 4286 4501 Water System Operator III 610027 12 4653 4887 5133 5388 5657 SEE APPENDIX FOR FOOTNOTES Page 1.4 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e – E7E11 7781 - 9717 Assistant City Attorney 160008e – E4E7 8970 11200 - 12621 14000 Assistant City Manager 150135e – E2E4 12590 10946 - 17625 18250 Assistant Controller 135020e – E4E8 8970 - 12621 Assistant Director 150160e -- E4E8 8970 - 12621 Assistant Director of Personnel Services 150043e – E4E8 8970 - 12621 Assistant Director of Public Utilities 620100e – E4E8 8970 - 12621 Assistant Director of Public Works 210089e – E4E8 8970 - 12621 Assistant Police Chief 415010e – E4E8 8970 - 12621 Assistant Retirement Administrator 135040e – E7E11 7781 - 9717 Budget Analyst 135006e 12 E11E16 3830 - 5390 Budget Manager 135008e – E4E8 8970 - 12621 Chief Assistant City Attorney 160015e – E3E5 10946 - 15325 17625 Chief Information Officer 125067e – E3E6 10946 - 15325 Chief of Staff to the Mayor 150123e – E4E8 8970 - 12621 City Attorney 160009e - E1 14475 - 20270 City Clerk 150125e – E6E10 7984 - 11235 City Engineer 210080e – E3E6 10946 - 15325 City Manager 150130e - E1 14475 - 20270 Community Coordinator 150075e – E11E16 3830 - 5390 Community Outreach Specialist 150230e – E11E16 3830 - 5390 Controller 135021e – E3E6 10946 - 15325 Council Assistant 150085e – E9E13 2840 - 8834 Deputy City Attorney II 160006e – E10E12 5714 7074 - 8000 8834 Deputy City Attorney III 160007e – E8E11 7074 7781 - 8834 9717 Deputy City Manager 150140e – E7E11 7781 - 9717 Director 150170e -- E3E6 10946 - 15325 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Narrative Section 4. Director of Aviation 310045e – E3E6 10946 - 15325 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Narrative Section 4. EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Development 220020e – E3E6 10946 - 15325 Director of Personnel Services 150042e – E3E6 10946 - 15325 Director of Public Utilities 620101e – E3E6 10946 - 15325 Director of Transportation 310040e – E3E6 10946 - 15325 Economic Development Coordinator 150090e – E9E13 2840 - 8834 Economic Development Director 150099e – E3E6 10946 - 15325 Executive Assistant to Department Director 115003e – E12E17 3683 - 5133 Executive Assistant to the City Manager 115001e – E12E17 3683 - 5133 Fire Chief 425007e – E3E5 10946 - 15325 17625 Governmental Affairs Manager 150240e – E9E13 2840 - 8834 Human Resources Manager 150025e – E7E11 7781 - 9717 Independent Reviewer 150220e – E6E10 7984 - 11235 Internal Auditor 135010e 12 E11E16 3830 - 5390 Labor Relations Manager 150030e – E7E11 7781 - 9717 Labor Relations Secretary 115010e 12 E12E17 3683 - 5133 Payroll Accountant 130016e 12 E13 4949 - 5991 Payroll Manager 135012e – E7E11 7781 - 9717 Police Chief 415008e7 – E2 12590 14803 - 17623 18250 Principal Budget Analyst 135009e – E7E11 7781 - 9717 Principal Internal Auditor 135011e – E8E12 7074 - 8834 Public Affairs Officer 150118e – E8E12 7074 - 8834 Public Works Director 210085e – E3E6 10946 - 15325 Redevelopment Administrator 150080e – E4E8 8970 - 12621 Retirement Administrator 135030e – E3E6 10946 - 15325 Retirement Benefits Manager 135045e – E9 7781 - 9717 Risk/Safety Manager 150035e – E7E11 7781 - 9717 Senior Budget Analyst 135007e – E8E12 7074 - 8834 SEE APPENDIX FOR FOOTNOTES Page 2.2 7 Only applicable pursuant to employment agreements. SEE APPENDIX FOR FOOTNOTES Page 2.2 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Senior Deputy City Attorney 160013e – E7E10 7781 7984 - 9717 11235 Senior Human Resources/Risk Analyst 150017e – E8E12 7074 - 8834 Supervising Deputy City Attorney 160010e – E6E8 7984 8970 - 11235 12621 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 2.3 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2298 2407 2521 2642 2772 - Account Clerk II 1300023 123 2521 2642 2772 2901 3041 - Accountant-Auditor I 1300114 124 3426 3587 3759 3947 4138 - Accountant-Auditor II 1300124 124 3984 4173 4381 4593 4817 - Accounting Technician 130010 12 3041 3189 3343 3502 3674 - Administrative Clerk I 1100013 63 2125 2228 2333 2444 2561 - Administrative Clerk II 1100023 123 2333 2444 2561 2683 2815 - Airports Operations Officer 310006 12 3409 3579 3759 3948 4143 - Airports Property Specialist I 1750014 124 4057 4256 4464 4680 4911 Airports Property Specialist II 1750024 124 4717 4947 5190 5442 5710 - Associate Electrical Safety Consultant I 230022 12 4544 4766 5000 5240 5498 - Associate Electrical Safety Consultant II 230023 12 4766 5000 5240 5498 5769 - Associate Environmental & Safety Consultant I 230003 12 4544 4766 5000 5240 5498 - Associate Environmental & Safety Consultant II 230004 12 4766 5000 5240 5498 5769 - Associate Plumbing & Mechanical Consultant I 230012 12 4544 4766 5000 5240 5498 - Associate Plumbing & Mechanical Consultant II 230013 12 4766 5000 5240 5498 5769 - Billing System Specialist 125075 12 3031 3179 3334 3489 3657 - Budget Technician 135005 12 3090 3238 3395 3559 3733 - Building Inspector I 2300074 124 4334 4544 4766 5000 5240 - Building Inspector II 2300084 124 4544 4766 5000 5240 5498 - Building Inspector III 230009 12 4766 5000 5240 5498 5769 - 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. 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 2521 2642 2778 2901 3041 - Call Center Representative II 1150713 123 2772 2901 3041 3189 3343 - Central Printing Clerk 120005 12 2333 2444 2561 2683 2815 - City Records Specialist 115025 12 3090 3238 3395 3559 3733 - Commercial Building Inspector 230015 12 4544 4766 5000 5240 5498 - Community Recreation Assistant 520010 12 2547 2667 2781 2898 3029 - Community Revitalization Specialist 230053 12 4015 4226 4436 4654 4913 5121 Community Revitalization Technician 230059 12 2909 3050 3196 3351 3514 - Community Services Officer I 4100254 124 2650 2777 2909 3050 3196 - Community Services Officer II 4100264 124 2909 3050 3196 3351 3514 - Computer Systems Specialist I 1250104 124 3690 3867 4056 4254 4461 - Computer Systems Specialist II 1250114 124 4353 4564 4787 5021 5268 - Computer Systems Specialist III 125012 12 4893 5132 5385 5647 5926 - Construction Compliance Specialist 150055 12 3610 3779 3964 4157 4357 - Crime Scene Technician I 4100104 124 3450 3616 3791 3977 4171 - Crime Scene Technician II 4100114 124 3791 3977 4171 4373 4587 - Customer Services Clerk I 1150603 63 2298 2407 2521 2642 2772 - Customer Services Clerk II 1150613 123 2521 2642 2772 2901 3041 - Development Services Coordinator 230057 12 4220 4457 4679 4907 5147 - Emergency Services Dispatcher I 4100015 125 3145 3275 3416 3578 3732 - Emergency Services Dispatcher II 4100025 125 3376 3540 3714 3895 4077 - Emergency Services Dispatcher III 410003 12 3785 3964 4161 4358 4570 - 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 4119 4317 4526 4748 4972 - Engineer II 2100164 124 4781 5007 5253 5504 5786 - Engineering Aide I 2100013 63 2676 2799 2933 3073 3224 - Engineering Aide II 2100023 123 3089 3238 3389 3552 3729 - Engineering Inspector I 2300754 124 4015 4224 4420 4632 4862 - Engineering Inspector II 2300764 124 4397 4610 4836 5072 5320 - Engineering Technician I 2100054 124 3162 3314 3479 3639 3815 - Engineering Technician II 2100064 124 3552 3729 3907 4095 4295 - Environmental Control Officer 620001 12 3961 4155 4351 4564 4783 - Facilities Construction Specialist 230085 12 4157 4356 4570 4790 5025 - Fire Prevention Inspector I 4200014 124 3662 3839 4019 4220 4427 - Fire Prevention Inspector II 4200024 124 4238 4436 4654 4886 5121 - Fleet Operations Specialist 710105 12 3843 4026 4225 4430 4647 - Geographic Information System (GIS) Specialist 125025 12 4893 5132 5385 5647 5926 - Graphics Technician 120013 12 3325 3491 3666 3849 4042 - Helicopter Pilot 410033 12 5118 5373 5642 5924 6220 - Housing Rehabilitation Specialist 230056 12 4128 4334 4551 4779 5018 - Industrial/Commercial Water Conservation Representative 610015 12 3961 4155 4351 4564 4783 - Inorganic Chemist 620020 12 4018 4216 4421 4636 4863 - Laboratory Assistant 620010 12 2754 2890 3027 3174 3327 - Laboratory Technician I 6200114 124 3327 3488 3657 3833 4018 - Laboratory Technician II 6200124 124 3657 3833 4018 4216 4421 - Landscape Water Conservation Specialist 610005 12 3868 4057 4255 4462 4679 - 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. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3285 3449 3622 3803 3993 - Network Systems Specialist 125030 12 4893 5132 5385 5647 5926 - PAR Program Specialist 410023 12 2909 3050 3196 3351 3514 - Paratransit Specialist 320005 12 3031 3179 3334 3489 3657 - Parking Controller I 7101204 124 2254 2349 2452 2553 2667 - Parking Controller II 7101214 124 2459 2567 2676 2788 2922 - Parking Controller III 710122 12 2676 2788 2922 3044 3180 - Phlebotomist 410007 12 2754 2890 3027 3174 3327 - Planner I 2200053 63 3592 3760 3945 4139 4341 - Planner II 2200063 123 4220 4457 4679 4907 5147 - Plans Examiner I 2100404 124 3583 3755 3938 4129 4333 - Plans Examiner II 2100414 124 4138 4334 4544 4766 5000 - Plans Examiner III 210042 12 4544 4766 5000 5240 5498 - Police Data Transcriptionist 115035 12 2815 2948 3090 3238 3395 - Principal Account Clerk 130004 12 3041 3189 3343 3502 3674 - Procurement Specialist 140002 12 3921 4112 4312 4522 4743 - Program Compliance Officer 640026 12 3339 3507 3683 3868 4061 - Programmer/Analyst I 1250204 124 3690 3867 4056 4254 4461 - Programmer/Analyst II 1250214 124 4353 4564 4787 5021 5268 - Programmer/Analyst III 125022 12 4893 5132 5385 5647 5926 - Programmer/Analyst IV 125023 12 5252 5511 5783 6064 6361 - Property & Evidence Technician 145010 12 3205 3360 3523 3695 3872 - Radio Dispatcher 120015 12 2683 2810 2931 3064 3195 - Rangemaster/Armorer 410035 12 3977 4171 4373 4587 4812 - Real Estate Finance Specialist I 1700014 124 3268 3426 3587 3763 3947 - Real Estate Finance Specialist II 1700024 124 3736 3917 4108 4307 4517 - SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3103 3251 3409 3575 3746 - Retirement Counselor I 1350504 124 3041 3189 3343 3504 3674 - Retirement Counselor II 1350514 124 3343 3504 3674 3852 4041 - Safety and Training Specialist 150050 12 3657 3840 4034 4237 4448 - Secretary 110050 12 2815 2948 3090 3238 3395 - Senior Account Clerk 130003 12 2772 2901 3041 3189 3343 - Senior Administrative Clerk 110003 12 2561 2683 2815 2948 3090 - Senior Call Center Representative 115072 12 3158 3314 3480 3654 3837 - Senior Commercial Building Inspector 230016 12 4766 5000 5240 5498 5769 - Senior Community Revitalization Specialist 230054 12 4669 4902 5147 5445 5743 - Senior Community Services Officer 410027 12 3128 3278 3437 3602 3778 - Senior Crime Scene Technician 410012 12 3977 4171 4373 4587 4812 - Senior Customer Services Clerk 115062 12 2772 2901 3041 3189 3343 - Senior Engineering Technician 210007 12 4119 4317 4526 4748 4972 - Senior Fire Prevention Inspector 420003 12 4750 4978 5216 5472 5743 - Senior Laboratory Technician 620013 12 4018 4216 4421 4636 4863 - Senior Network Systems Specialist 125031 12 5252 5511 5783 6064 6361 - Senior Procurement Specialist 140003 12 4312 4522 4743 4975 5217 - Senior Property & Evidence Technician 145011 12 3523 3695 3872 4060 4259 - Senior Records Clerk 110101 12 2683 2815 2948 3090 3238 - Senior Secretary 110051 12 3090 3238 3395 3559 3733 - 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. SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3205 3360 3523 3695 3872 - Senior Utility Service Representative 230092 12 3251 3409 3575 3746 3931 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 5252 5511 5739 6064 6361 - Staff Assistant 150001 12 3031 3179 3334 3489 3657 - Storeskeeper 145001 12 2917 3059 3205 3360 3523 - Survey Party Technician 210030 12 3552 3729 3907 4095 4295 - Tax/Permit Representative 135001 12 3179 3334 3489 3657 3839 - Traffic Signal Operations Specialist 710150 12 4893 5132 5385 5647 5926 - Tree Program Specialist 510015 12 3868 4057 4255 4462 4679 - Utility Service Representative I 2300904 124 2695 2823 2958 3102 3251 - Utility Service Representative II 2300914 124 2958 3102 3251 3409 3575 - Wastewater Reclamation Coordinator 620035 12 4057 4256 4464 4680 4911 - Water Conservation Representative 610001 12 2667 2781 2898 3043 3179 - Water Systems Telemetry & Distributed Control Specialist 610021 12 4353 4564 4787 5021 5268 - 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. SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 4 Unit 4 - Non-Supervisory Management Police (FPOA) effective July 1, 2015 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4479 4703 – – – – Police Officer 415002 12106 5175 5434 5706 5992 6292 6607 Police Specialist 415003 – 5175 5434 5706 5992 6292 6607 Police Sergeant 415004 12 6238 6550 6878 7222 7584 7964 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA), effective December 31, 2016 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4569 4798 – – – – Police Officer 415002 12106 5279 5543 5821 6112 6418 6740 Police Specialist 415003 – 5279 5543 5821 6112 6418 6740 Police Sergeant 415004 12 6363 6681 7016 7367 7736 8124 106 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 6 Unit 6 – Bus Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E F Bus Driver 320015 9 16.967308 17.307692 18.900000 19.280769 19.817308 20.215385 20.757692 21.173077 22.725000 23.180769 23.867307 24.346154 Bus Driver 320015 9 2941 3000 3276 3342 3435 3504 3598 3670 3939 4018 4137 4220 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW) CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6060 Concrete Finisher 730005 12 Flat Rate 5285 Electrician 730010 12 Flat Rate 5481 Industrial Electrician 730012 12 Flat Rate 6060 Painter 730015 12 Flat Rate 4816 Plumber 730030 12 Flat Rate 5481 SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $10.00 Per Hour Information Services Aide 125001 – Hourly $10.00 - $22.00 Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $10.00 - $10.50 Per Hour Police Cadet I 940005 – Hourly $10.00 - $12.48 Per Hour Police Cadet II 940006 – Hourly $12.49 - $16.00 Per Hour Pool Supervisor 950015 – Hourly $12.00 - $22.00 Per Hour Senior Lifeguard 950002 – Hourly $10.50 - $12.00 Per Hour Services Aide 910005 – Hourly $10.00 - $15.00 Per Hour Sports Official 950010 – $10.00 - $50.00 Per Game Student Aide II 910002 – Hourly $10.00 Per Hour Student Bus Driver 930001 - Hourly $15.4215.58 Per Hour SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5E9 9639 - 12,531 Police Captain 415006e 12 8884 9329 9796 10286 10,801 11,163 Police Lieutenant 415005e 12 7715 8101 8507 8933 9380 9695 EXHIBIT 9 Unit 9 – Police Management, effective December 31, 2016 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5E9 9832 - 12782 Police Captain 415006e 12 9062 9516 9992 10492 11018 11388 Police Lieutenant 415005e 12 7870 8264 8678 9112 9568 9889 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- 10,001 10,502 11,028 11,580 12,160 12,768 EXHIBIT 10 Unit 10 – Fire Management, effective 1/1/16 CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 8086 8492 8915 9360 9827 10,318 Fire Deputy Fire Chief 425006e -- 10,251 10,765 11,304 11,870 12,464 13,088 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 11 Unit 11 – Airport Public Safety Officers, effective November 1, 2015 CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 4909 5152 5396 5663 5943 SEE APPENDIX FOR FOOTNOTES Page 11.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member8 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8 Not applicable for current City employees. SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 13-1 Unit 13 – Management Non-Confidential ClassesExempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5131 5260 5383 5518 5644 5786 5923 6072 6212 6368 Airports Airside/Landside Superintendent 310018e 12 5295 5428 5555 5694 5829 5975 6114 6267 6414 6575 Airports Projects Supervisor 310016e 12 5936 6085 6228 6384 6534 6698 6854 7026 7194 7374 Airports Property Supervisor 175005e 12 5186 5316 5441 5578 5709 5852 5990 6140 6283 6441 Architect 210045e 12 5373 5508 5636 5777 5913 6061 6203 6359 6508 6671 Assistant Chief of Wastewater Treatment Operations 620079e 12 5469 5606 5734 5878 6015 6166 6311 6469 6620 6786 Call Center Supervisor 115073e 12 3908 4006 4098 4201 4297 4405 4504 4617 4725 4844 Capital Development Specialist 310007e 12 5493 5631 5765 5910 6049 6201 6344 6503 6656 6823 Chief Engineering Inspector 230078e 12 5485 5623 5754 5898 6037 6188 6334 6493 6644 6811 Chief Engineering Technician 210009e 12 6423 6584 6739 6908 7071 7248 7420 7606 7786 7981 Chief of Facilities Maintenance 810037e 12 5965 6115 6260 6417 6567 6732 6890 7063 7228 7409 Chief of Solid Waste Operations 640035e 12 5709 5852 5990 6140 6283 6441 6592 6757 6916 7089 Chief of Wastewater Environmental Services 620075e 12 5709 5852 5990 6140 6283 6441 6592 6757 6916 7089 Chief of Wastewater Facilities Maintenance 620085e 12 5965 6115 6260 6417 6567 6732 6890 7063 7228 7409 Chief of Wastewater Treatment Operations 620080e 12 6033 6184 6333 6492 6643 6810 6969 7144 7312 7495 Chief of Water Operations 610070e 12 6130 6284 6431 6592 6750 6919 7081 7259 7428 7614 Chief Police Pilot 410031e 12 6739 6908 7071 7248 7420 7606 7786 7981 8172 8377 Chief Surveyor 210032e 12 6739 6908 7071 7248 7420 7606 7786 7981 8172 8377 SEE APPENDIX FOR FOOTNOTES Page 13-1.1 e Exempt class, see Narrative Section 4. Collection System Maintenance Supervisor 630005e 12 4785 4905 5020 5146 5266 5398 5525 5664 5796 5941 Community Recreation Supervisor I 520015e 12 4157 4261 4361 4471 4574 4689 4800 4920 5032 5158 Community Recreation Supervisor II 520016e 12 4561 4676 4785 4905 5021 5147 5269 5401 5525 5664 Community Sanitation Supervisor I 720042e 12 5041 5168 5287 5420 5548 5687 5820 5966 6106 6259 Contract Compliance Officer 150061e 12 4246 4353 4452 4564 4670 4787 4901 5024 5137 5266 Custodial Supervisor 810025e 12 3486 3574 3656 3748 3834 3930 4021 4122 4214 4320 Database Administrator 125045e 12 5686 5829 5961 6111 6255 6412 6561 6726 6883 7056 DBE/Small Business Coordinator 150070e 12 4903 5026 5140 5269 5393 5528 5657 5799 5937 6086 SEE APPENDIX FOR FOOTNOTES Page 13-1.1 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 EXHIBIT 13-1 Unit 13 – Management Non-Confidential ClassesExempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Emergency Preparedness Officer 420020e 12 3994 4094 4190 4295 4394 4504 4609 4725 4833 4954 Emergency Services Communications Supervisor 410004e 12 4476 4588 4694 4812 4922 5046 5164 5294 5417 5553 Energy Efficiency Supervisor 230058e 12 4785 4905 5020 5146 5266 5398 5525 5664 5796 5941 Equipment Supervisor 720031e 12 5434 5570 5698 5841 5978 6128 6272 6429 6581 6746 Fire Prevention Engineer 210055e 12 5936 6085 6228 6384 6534 6698 6854 7026 7194 7374 Fleet Administration Supervisor 720025e 12 5269 5401 5525 5664 5796 5941 6081 6234 6380 6540 Forestry Supervisor I 510030e 12 4157 4261 4361 4471 4574 4689 4800 4920 5032 5158 Forestry Supervisor II 510031e 12 4561 4676 4785 4905 5021 5147 5269 5401 5525 5664 Grant Writer 150105e 12 4273 4380 4487 4600 4712 4830 4947 5071 5195 5325 Housing Program Supervisor 230055e 12 5216 5347 5474 5611 5741 5885 6023 6174 6318 6476 Human Resources Analyst 150016e 12 3994 4094 4190 4295 4394 4504 4609 4725 4833 4954 Human Resources Records Supervisor 115050e 12 4264 4371 4473 4585 4691 4809 4920 5043 5162 5292 Industrial Electrician Supervisor 720020e 12 5700 5843 5986 6136 6285 6443 6599 6764 6930 7104 Information Services Supervisor 125032e 12 6151 6305 6453 6615 6768 6938 7102 7280 7455 7642 Laboratory Supervisor 620014e 12 4962 5087 5205 5336 5460 5597 5728 5872 6010 6161 Lead Risk Analyst 150008e 12 4820 4941 5061 5188 5314 5447 5580 5720 5859 6006 Management Analyst I 150020e4 124 3257 3339 3416 3502 3582 3672 3757 3851 3942 4041 Management Analyst II 150021e4 124 3994 4094 4190 4295 4394 4504 4609 4725 4833 4954 Parking Supervisor 720035e 12 3064 3141 3210 3291 3365 3450 3529 3618 3701 3794 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 e Exempt class, see Narrative Section 4. Parks Supervisor I 510025e 12 4157 4261 4361 4471 4574 4689 4800 4920 5032 5158 Parks Supervisor II 510026e 12 4561 4676 4785 4905 5021 5147 5269 5401 5525 5664 Planner III 220007e 12 4888 5011 5129 5258 5379 5514 5644 5786 5921 6070 Power Generation System Supervisor 620056e 12 5434 5570 5698 5841 5978 6128 6272 6429 6581 6746 Principal Accountant 130014e 12 5421 5557 5687 5830 5967 6117 6260 6417 6567 6732 Procurement Supervisor 140004e 12 4775 4895 5010 5136 5251 5383 5511 5649 5780 5925 Professional Engineer 210100e 12 5936 6085 6228 6384 6534 6698 6854 7026 7194 7374 Project Manager 150065e 12 5493 5631 5765 5910 6049 6201 6344 6503 6656 6823 Records Supervisor 115045e 12 4264 4371 4473 4585 4691 4809 4920 5043 5162 5292 Recycling Coordinator 640001e 12 4147 4251 4349 4458 4560 4674 4782 4902 5017 5143 Revenue Supervisor 135025e 12 3908 4006 4098 4201 4297 4405 4504 4617 4725 4844 Risk Analyst 150010e 12 4390 4500 4604 4720 4828 4949 5065 5192 5314 5447 Senior Accountant-Auditor 130013e 12 4499 4612 4719 4837 4951 5075 5194 5324 5446 5583 Senior Building Inspector 230034e 12 4993 5118 5239 5370 5495 5633 5766 5911 6050 6202 Senior Database Administrator 125046e 12 6268 6425 6588 6733 6883 7056 7213 7394 7572 7762 Senior Electrical Safety Consultant 230024e 12 4993 5118 5239 5370 5495 5633 5766 5911 6050 6202 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 EXHIBIT 13-1 Unit 13 – Management Non-Confidential ClassesExempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Senior Engineering Inspector 230077e 12 4993 5118 5239 5370 5495 5633 5766 5911 6050 6202 Senior Environmental & Safety Consultant 230005e 12 4993 5118 5239 5370 5495 5633 5766 5911 6050 6202 Senior Plumbing & Mechanical Consultant 230014e 12 4993 5118 5239 5370 5495 5633 5766 5911 6050 6202 Senior Real Estate Agent 170012e 12 5342 5476 5603 5744 5879 6026 6168 6323 6471 6633 Senior Retirement Counselor 135052e 12 4349 4458 4567 4682 4796 4916 5035 5161 5287 5420 Solid Waste System Supervisor 640030e 12 5012 5138 5258 5390 5512 5650 5784 5929 6066 6218 Street Maintenance Superintendent 720004e 12 6238 6394 6549 6713 6878 7050 7222 7403 7584 7774 Street Maintenance Supervisor 720001e 12 5756 5900 6040 6191 6336 6495 6647 6814 6974 7149 Supervising Commercial Building Inspector 230036e 12 4993 5118 5239 5370 5495 5633 5766 5911 6050 6202 Supervising Crime Scene Technician 410013 12 4372 4482 4586 4701 4809 4930 5045 5172 5291 5424 Supervising Engineering Technician 210008e 12 5655 5797 5936 6085 6228 6384 6534 6698 6854 7026 Supervising Environmental Control Officer 620005e 12 4962 5087 5205 5336 5460 5597 5728 5872 6009 6160 Supervising Fire Prevention Inspector 420005e 12 5228 5359 5483 5621 5755 5899 6038 6189 6335 6494 Supervising Planner 220008e 12 5370 5505 5633 5774 5908 6056 6198 6353 6501 6664 Supervising Plans Examiner 210044e 12 5493 5631 5765 5910 6049 6201 6344 6503 6656 6823 Supervising Professional Engineer 210110e 12 6739 6908 7071 7248 7420 7606 7786 7981 8172 8377 Supervising Real Estate Agent 170013e 12 5867 6014 6155 6309 6457 6619 6774 6944 7108 7286 Supervising Traffic Signal Operations Specialist 720050e 12 6130 6284 6431 6592 6750 6919 7081 7259 7428 7614 SEE APPENDIX FOR FOOTNOTES Page 13-1.3 e Exempt class, see Narrative Section 4. Survey Party Chief 210031e 12 4488 4601 4707 4825 4938 5062 5178 5308 5435 5571 Systems Security Administrator 125050e 12 5157 5286 5406 5542 5674 5816 5950 6099 6242 6399 Transit Supervisor I 320050e 12 5012 5138 5258 5390 5512 5650 5784 5929 6066 6218 Transit Supervisor II 320051e 12 5434 5570 5698 5841 5978 6128 6272 6429 6581 6746 Treasury Officer 135015e 12 5421 5557 5687 5830 5967 6117 6260 6417 6567 6732 Wastewater Treatment Maintenance Supervisor 620070e 12 5863 6010 6149 6303 6452 6614 6770 6940 7102 7280 Water Conservation Supervisor 610045e 12 5583 5723 5856 6003 6144 6298 6447 6609 6763 6933 Water System Supervisor 610055e 12 5863 6010 6149 6303 6452 6614 6770 6940 7102 7280 SEE APPENDIX FOR FOOTNOTES Page 13-1.3 EXHIBIT 13-2 Unit 13 – Non-Management Confidential ClassesNon-Exempt Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Database Administrator 125045e 12 5686 5961 6255 6561 6883 Grant Writer 150105e 12 4273 4487 4712 4947 5195 Human Resources Analyst 150016e 12 3994 4190 4394 4609 4833 Lead Risk Analyst 150008e 12 4820 5061 5314 5580 5859 Legal Assistant 160001 12 3557 3646 3730 3824 3910 4008 4102 4205 4303 4411 Legal Secretary I 115015 12 3025 3101 3170 3250 3322 3406 3482 3570 3652 3744 Legal Secretary II 115016 12 3343 3427 3506 3594 3673 3765 3852 3949 4039 4140 Management Analyst I 150020e4 124 3257 3416 3582 3757 3942 Management Analyst II 150021e4 124 3994 4190 4394 4609 4833 Risk Analyst 150010e 12 4390 4604 4828 5065 5314 Senior Database Administrator 125046e 12 6268 6568 6883 7213 7572 Senior Human Resources Technician 150014 12 3244 3326 3400 3485 3562 3652 3736 3830 3918 4016 Supervising Crime Scene Technician 410013 12 4372 4482 4586 4701 4809 4930 5045 5172 5291 5424 Systems Security Administrator 125050e 12 5157 5406 5674 5950 6242 e Exempt class, see Narrative Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Narrative Section 4. EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Administrative Manager 220025e – E7E11 7781 - 9717 Airports Marketing & Public Relations Coordinator 310150e – E16E14 5903 7372 Airports Operations Manager 310020e – E8E12 7074 - 8834 Airports Planning Manager 310019e – E8E12 7074 - 8834 Airports Properties Manager 310021e – E8E12 7074 - 8834 Assistant City Clerk 115030e – E16E14 5903 - 7372 Building Services Manager 230031e – E7E11 7781 - 9717 Business Manager 150019e – E8E12 7074 - 8834 City Traffic Engineer 210076e – E9E13 2840 - 8834 Communications Manager 125060e – E7E11 7781 - 9717 Community Sanitation Manager 720040e – E16E14 5903 - 7372 Construction Manager 210096 – E8E12 7074 - 8834 Deputy City Engineer 210081e – E7E11 7781 - 9717 Division Manager 150024e – E8E12 7074 8834 Economic Development Analyst 150095e – E16E14 5903 - 7372 Facilities Manager 810040e – E8E12 7074 - 8834 Fleet Manager 720032e – E8E12 7074 - 8834 Housing & Neighborhood Revitalization Manager 230065e – E7E11 7781 - 9717 Information Services Manager 125055e – E7E11 7781 - 9717 Law Office Manager 115020e – E9E13 2840 - 8834 Management Analyst III 150022e – E9E13 2840 - 8834 Parks Manager 510035e – E8E12 7074 - 8834 Personnel Manager 150026e – E8E12 7074 - 8834 Planning Manager 220010e – E7E11 7781 - 9717 Projects Administrator 150063e – E7E11 7781 - 9717 Public Works Manager 210095e – E7E11 7781 - 9717 Purchasing Manager 140005e – E8E12 7074 - 8834 Recreation Manager 520025e – E8E12 7074 - 8834 Retirement Benefits Manager 135045e – E7 7781 - 9717 SEE APPENDIX FOR FOOTNOTES Page 14.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Revenue Manager 135026e – E8E12 7074 - 8834 Senior Management Analyst 150023e – E16E14 5903 - 7372 Sewer Maintenance Manager 630010e – E9E13 2840 - 8834 Solid Waste Manager 640040e – E8E12 7074 - 8834 Training Officer 150046e – E16E14 5903 - 7372 Transit Maintenance Manager 320060e – E9E13 2840 - 8834 Transit Operations Manager 320055e – E8E12 7074 - 8834 Wastewater Manager 620095e – E9E13 2840 - 8834 Water System Manager 610075e – E9E13 2840 - 8834 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6294 6420 6610 6743 6942 7081 7287 7433 7654 7808 Airport Public Safety Supervisor** 310005 12 5504 5615 5778 5894 6068 6190 6372 6500 6689 6823 * Hired before July 1, 2010 ** Hired after July 1, 2010 SEE APPENDIX FOR FOOTNOTES Page 15.1 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 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. 6 Deleted July 1, 2010. Provision no longer in use. 76 Only applicable pursuant to employment agreements. 8 Deleted July 1, 2014. 9 Deleted July 14, 2014. 106 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 117 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8 Not applicable to current City employees. e Exempt class, see Narrative Section 4. 34 of 2 Third Amendment to Salary Resolution 2014-108 Resolution No. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 20165. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 20165 Mayor Approval/No Return: , 20165 Mayor Veto: , 20165 Council Override Vote: , 20165 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tina R. Griffin, Supervising Deputy Assistant City Attorney Agenda ltem: lD16-756 (9:00 A.M.) Date: 6123lt6 FRESNO CITY COUNCIL City of FREST+à1=< Supplemental lnformation packet Agenda Related ltem(s)- tD16-756 (9:00 A.M.) Contents of Supplement: Amending the Assistant Retirement Administrator Salary lN the Fiscal Year 2017 Salary Resolution Item(sl RESOLUTION - Adopt the Fiscal year 2o1T salary Resolution Supplemental lnformation: Any agenda related public documents received and distributed to a majority of the City council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental packets are produced asneeded. The Supplemental Packet is available for public inspection in the City Clerk,s Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. s4gs7.s(2). ln addition, supplemental Packets are available for public review at the city council meeting in the city Council Chambers, 2600 Fresno Street. supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. please call City Clerk's office ar 62L-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with:ç¡ûg because of a disability, please see Secu EXHIBIT 2 Unit 2 - Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B c D E Airport Public Safety Manager 31 0004e 87811 7781 9717 Assistant City Attorney 1 60008e g87 Assistant City Manager 1 501 35e E+E4 +2590 1 0946 17625 1 8250 Assistant Controller 1 35020e PlE8 8970 12621 Assistant Director 1 501 60e PTES 8970 12621 Assistant Director of Personnel Services 1 50043e PTES 8970 12621 Assistant Director of Public Utilities 6201 00e P+E8 8970 12621 Assistant Director of Public Works 21 0089e ErtES 8970 12621 Assistant Police Chief 41 501 0e E4E8 8970 12621 ."M.. il+ú 8970 12621 Budget Analyst 1 35006e 12 F++E16 3830 5390 Budget Manager 1 35008e E4E8 8970 12621 Chief Assistant City Attorney 1 6001 5e E3E5 1 0946 æ 17625 Chief lnformation Officer 125067e E3E6 1 0946 15325 Chief of Staff to the Mayor 150123e P+E8 8970 12621 City Attorney 1 60009e E1 14475 20270 City Clerk 150125e E€E1 O 7984 11235 City Engineer 21 0080e E3E6 1 0946 15325 City Manager 1 501 30e E1 14475 20270 Community Coordinator 1 50075e Ér+E16 3830 5390 Community Outreach Specialist 1 50230e E+4E16 3830 5390 Controller 135021e E3E6 1 0946 15325 Council Assistant 1 50085e EsE'l_3 2840 8834 Deputy City Attorney ll 1 60006e ElsW 5714 7074 8000 8834 Deputy City Attorney lll 1 60007e E8E1 1 787 1 7781 883+ 9717 Deputy City Manager 1 501 40e F=7811 7781 9717 SEE APPENDIX FOR FOOTNOTES Page 2.1 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-597 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:JANE SUMPTER, Budget Manager Budget and Management Studies BY:SHARON MC DOWELL, Senior Budget Analyst Budget and Management Studies SUBJECT ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance RECOMMENDATION It is recommended that the Council of the City of Fresno adopt the attached Property Tax Override (PTO)Ordinance which will take effect upon adoption as provided in Charter Section 600(b) and 610(b). EXECUTIVE SUMMARY The Proposed FY 2017 Budget assumes a portion of the City's retirement contributions for employees will be funded through a PTO.Adoption of the attached Ordinance allows General Fund resources,which otherwise will have to be applied to funding these retirement costs,to thereby be freed up to fund other General Fund activities.Failure to adopt the attached Ordinance without adding replacement revenues will result in the General Fund being out of balance. BACKGROUND The City Council and the Mayor must adopt a budget for FY 2017 by June 30,2016.That budget assumes that a portion of the City's retirement contributions for employees will be funded through a PTO of $0.032438 per $100 of gross assessed valuation.General Fund resources,which otherwise will have to be applied to these retirement costs,will thereby be freed up to fund other General Fund activities. This is a routine Budget action adopted by Council annually. FISCAL IMPACT Failure by the City Council to adopt the attached Ordinance without adding replacement revenues City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-597 Agenda Date:6/23/2016 Agenda #: will result in the General Fund being out of balance. Attachment(s): PTO Staff Report_Signature PTO Resolution_Signature City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-598 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:JANE SUMPTER, Budget Manager Budget and Management Studies BY:PEDRO RIVERA, Senior Budget Analyst Budget and Management Studies SUBJECT FY 2017 Gann Appropriation Limit Resolution RECOMMENDATION It is recommended that the Council adopt the attached resolution which selects Per Capita Personal Income and County population as the factors to be used in calculating the FY 2017 appropriations limit (Method B).This method appears to give the City the most flexibility in terms of an adjusted spending limit. EXECUTIVE SUMMARY State law requires the City to adopt an annual appropriations limit,otherwise known as the Gann Limit,in conjunction with the adoption of the budget.The new limit amount is calculated by applying the growth rates in population and per capita personal income to the previous fiscal years limit amount.Staff has prepared two Gann Limit levels which both meet the legal standards for calculation.Staff is recommending that Council adopt the level which will give the City the greatest difference between FY 2017 enacted appropriations and the calculated FY 2017 Gann Limit. BACKGROUND In November 1979,the voters of the State of California approved Proposition 4,commonly known as the Gann Initiative.The proposition created Article XIIIB of the State Constitution,placing limits on the amount of revenue that can be spent by all entities of government.Proposition 4 became effective for the 1980-81 fiscal year,but the formula for calculating the limits was based on the 1978-79 "base year" revenues. City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-598 Agenda Date:6/23/2016 Agenda #: Appropriations backed by tax revenues collected by all funds within the City are subject to measurement against the City’s calculated Gann Limit.Since the General Fund is the primary recipient of tax revenue,a rough estimate of the appropriations subject to that limit can be calculated by summing all tax revenue (property tax,sales tax,etc.)that the General Fund receives.On a local level,the City of Fresno has never exceeded its appropriations limit. Indeed,the City's appropriations subject to the limit has,in the years since Proposition 4 was approved, never exceeded 65% of the calculated limit. However,in order to address an increasing number of complaints about the restrictions of Proposition 4 and to increase the accountability of local governments in adopting their limits,the voters approved Proposition 111 in June 1990.Among other things,Proposition 111 alters the methodology outlined in Proposition 4 for determining the appropriations limit.It also requires an annual vote of the City Council on which adjustment factors will be used in determining the particular fiscal year's appropriation limit. Under Proposition 111,the factors used to determine each year's limit were modified to be:1) Either the California Per Capita Income or the percentage change in the local assessment roll from the preceding year due to the addition of local non-residential construction in the City,and 2) Either the City's own population growth or the population growth of the entire County. Additionally,Article XIIIB requires the appropriations limit be adjusted permanently whenever there is a transfer of financial responsibility between two or more government agencies.One example of this would be the booking fees and fees for Property Tax administration that the City is required to pay under Senate Bill No. 2557. Attachment(s): GANN Staff Report_Signature GANN Resolution_Signature City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-611 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:MICHAEL A. LIMA, Controller/Finance Director/(ex-officio)Treasurer Finance Department BY:GREGORY S. WILES, Treasury Officer Finance Department SUBJECT Approve the City of Fresno Investment Policy for Fiscal Year 2016-2017 RECOMMENDATION Staff recommends that Council approve the accompanying Resolution to adopt the City Investment Policy (the “Policy”) for Fiscal Year 2016-2017. EXECUTIVE SUMMARY The Fresno Municipal Code (“FMC”) requires that Council annually approve and adopt an Investment Policy, and delegate its authority to invest City funds to the City Treasurer. State Law refers to “surplus money” that is not needed for current operations. Good cash management includes investing these funds, in accordance with an approved Investment Policy. Interest earnings on investments are allocated to all Funds based on the amount of cash a specific Fund has invested in the City-wide Pool. There is one change in the Investment Policy from last Fiscal Year. The State Treasurer’s Office has raised the limit for the Local Agency Investment Fund (LAIF) to $65,000,000 per account. The Investment Policy has been amended to increase the limit for LAIF deposits. Also, the investing duties for an Accountant-Auditor II position in Treasury have been clarified. BACKGROUND Although State Law no longer requires it,good cash management necessitates a detailed plan for handling cash resources.The FMC therefore requires that Council annually adopt an investment policy for public funds.An investment policy establishes the objectives,guidelines,and types of investments for a government’s public funds investment program.State Law does contain numerous other stipulations that pertain to the City’s investment program. Government Code Section 53601(“Section 53601”)sets forth certain parameters that govern a local agency’s investment program.This Law states that “The legislative body of a local agency having City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-611 Agenda Date:6/23/2016 Agenda #: agency’s investment program.This Law states that “The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient …” The Treasury Section of the Finance Department is responsible for balancing the operating cash needs of the City with the amount of money available for investment.Operating cash is thus differentiated from surplus cash.These monies are aggregated together in a City-wide Pool for investment purposes.Each City Fund owns “shares”in the Pool,based on the Fund’s cash balance. Cash from the Pool is invested in financial instruments allowed by State Law,and the interest earnings are credited back to each Fund. Section 53601 sets forth the types of investment instruments eligible for purchase by a local agency, the investment grade of those instruments,and the percentage of the local agency’s surplus monies that can be invested in each type of security.Since the City’s first investment objective is conformity with State Law, the Investment Policy generally conforms to Section 53601. Section 16429.1 created the LAIF and gives the State Treasurer the authority to set the limits for local agencies with regard to the total amount which may be invested in the Fund.LAIF’s current limit is now $65,000,000 per account and the City’s Investment Policy has been changed to reflect the new limit. Also,Section IV.B.4.of the Policy has been changed to reflect the investing duties of an Accountant- Auditor II position in Treasury. Staff recommends that Council approve the City’s Investment Policy for Fiscal Year 2016-2017. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378, this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT Approving this Resolution adopting an Investment Policy for Fiscal Year 2016-2017 will provide staff with direction on how to manage the City’s cash resources, specifically, how they shall be used to fund operations or invested to obtain interest earnings if not currently needed. Interest earnings are allocated to City Funds based on their cash balances. Attachment: Attachment 1: Resolution adopting Investment Policy for Fiscal Year 2016-2017 Exhibit A: Investment Policy for Fiscal Year 2016-2017 City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ 201 6-2017 City of Fresno Investment Policy Effective July 1, 201 6 Michael A. Lima Controller/Finance Director/(ex- officio)Treasurer PREFACE “I’m not as concerned about the return on my principal as I am about the return of my principal.” Will Rogers It is the Policy of the City of Fresno, that, giving due regard to the safety and risk of investment, all available funds shall be managed in conformance with these legal and administrative guidelines (the “Policy”) and, to the maximum extent possible, surplus funds shall be invested at the highest rates obtainable at the time of investment. Adequate operating funds shall be maintained in a depository institution(s) which affords the City safety with respect to its funds, as well as the ability to meet all of the City’s cash receipt and disbursement needs. Effective cash management is recognized as essential to good fiscal management. A conscientious cash management and investment policy will be adopted to meet the City’s financial obligations, and take advantage of investment interest as available and material revenue for all operating and capital funds. The City’s Portfolio shall be designed and managed in a manner responsive to the public trust and consistent with State and local law. Investments of surplus funds shall be made with the primary objectives of: • Compliance with all legal requirements • Preservation of capital and protection of principal • Maintenance of liquidity essential to fund operations • Maximization of return on the Portfolio • Development of the local economy Earnings from investments will be used in a manner that will best serve the interests of the citizens of Fresno. (Note: A Glossary of cash management and investment terms is included in Appendix C.) i TABLE OF CONTENTS PREFACE ............................................................................................................................ I EXECUTIVE SUMMARY ................................................................................................ 1 I. INVESTMENT RESONSIBILITIES .......................................................................... 3 A. Legal Requirements ................................................................................................ 3 1. Investment Authority ........................................................................................ 3 2. Investment Policy.............................................................................................. 3 3. Investment Reporting ........................................................................................ 4 4. Authorized Investments .................................................................................... 4 5. Collateral Requirements.................................................................................... 5 6. Prudent Person Rule .......................................................................................... 5 7. Investment Objectives ....................................................................................... 6 8. Securities Dealers.............................................................................................. 6 9. Prohibited Investments...................................................................................... 7 10. Trading Securities ............................................................................................. 7 11. Safekeeping ....................................................................................................... 7 B. Scope ....................................................................................................................... 8 1. Applicability ..................................................................................................... 8 2. Exclusions ......................................................................................................... 8 C. Standards of Conduct .............................................................................................. 9 1. Prudent Investor Rule ....................................................................................... 9 2. Ethical Standards ............................................................................................ 10 3. Conflicts of Interest, Gifts, Gratuities ............................................................. 10 II. INVESTMENT OBJECTIVES ................................................................................. 10 A. Compliance With Legal and Professional Direction ............................................ 10 B. Safety of Capital ................................................................................................... 10 C. Maintenance of Adequate Liquidity ..................................................................... 11 D. Return on Investments .......................................................................................... 11 E. Local Development Program ................................................................................ 11 III. INVESTMENT POLICIES ....................................................................................... 11 A. Policies to Ensure Legal Compliance and Safety of Principal ............................. 11 1. Managing Financial Credit Risk ..................................................................... 11 2. Managing Custodial Credit Risk ..................................................................... 16 3. Managing Concentration of Credit Risk ......................................................... 16 4. Managing Interest Rate Risk ........................................................................... 17 ii 5. Managing Foreign Currency Risk ................................................................... 17 B. Policies to Ensure Adequate Liquidity ................................................................. 17 1. Depository Balances ....................................................................................... 17 2. Repurchase Agreement Maturities .................................................................. 18 3. Security Marketability .................................................................................... 18 4. Scheduling Maturities Or Maintaining A Barbell ........................................... 18 5. Investments in LAIF ....................................................................................... 18 C. Policies To Achieve Investment Return Objectives ............................................. 19 1. Yield Objective ............................................................................................... 19 2. Portfolio Management Style ........................................................................... 19 3. Portfolio Maturity Management ..................................................................... 19 4. Bond Swaps .................................................................................................... 19 5. Competitive Bidding, Negotiation .................................................................. 19 6. Securities Lending .......................................................................................... 20 D. Policies To Encourage Local Development .......................................................... 20 1. Program Description ....................................................................................... 20 2. Program Objectives ......................................................................................... 21 3. Apportionment ................................................................................................ 21 4. Program Conditions For Local Financial Institutions ..................................... 21 5. Program Conditions For Broker-Dealers ........................................................ 22 IV. INVESTMENT FUNCTION ORGANIZATIONAL STRUCTURE ....................... 23 A. Department of Finance .......................................................................................... 23 1. Accounting Division ....................................................................................... 23 2. Purchasing Division ........................................................................................ 23 B. Treasury Section Responsibilities and Staffing – Investment Program Per GC 41006..................................................................................................................... 23 1. Treasurer ......................................................................................................... 23 2. Assistant Controller (a deputy per GC 41006) ............................................... 24 3. Treasury Officer (a deputy per GC 41006) ..................................................... 24 4. Accountant-Auditor II (a deputy per GC 41006) ............................................ 24 C. Compensation Agreement ..................................................................................... 24 V. INVESTMENT OPERATING PROCEDURES ....................................................... 24 A. Investment Program Development ....................................................................... 24 1. Overview ......................................................................................................... 24 2. Program Organization ..................................................................................... 25 3. Program Operations ........................................................................................ 25 iii B. Market and Economic Analysis ............................................................................ 25 1. Overview ......................................................................................................... 25 2. Data Analysis .................................................................................................. 25 C. Selection Criteria For Local Financial Institutions and Broker-Dealers .............. 26 1. Selection Criteria for Local Financial Institutions .......................................... 26 2. Selection Criteria For Broker-Dealers ............................................................ 26 D. Instrument Selection ............................................................................................. 27 1. Liquidity Needs ............................................................................................... 27 2. Portfolio Structure and Policy Guidelines ...................................................... 27 3. Current and Expected Yield Curve Analysis .................................................. 27 4. Yield Spread Analysis..................................................................................... 27 E. Bond Swaps .......................................................................................................... 27 1. Overview ......................................................................................................... 27 2. Criteria For Swaps .......................................................................................... 28 3. Criteria For Analyzing Swap Candidates ....................................................... 28 4. Identification of Swap Candidates .................................................................. 28 5. Categories of Swaps ........................................................................................ 28 F. Certification .......................................................................................................... 28 VI. PERFORMANCE EVALUATION AND REPORTING ......................................... 29 A. Standard Monthly Reports .................................................................................... 29 1. Month-end Report ........................................................................................... 29 2. Month-end Status Report (Graph) .................................................................. 29 3. Custom Reports Are Available On Request ................................................... 29 B. Changes To The Policy ......................................................................................... 29 APPENDIX A ................................................................................................................... 30 APPENDIX B ................................................................................................................... 35 APPENDIX C ................................................................................................................... 42 APPENDIX D ................................................................................................................... 51 iv EXECUTIVE SUMMARY • Investments of surplus funds and deposits of operating funds by local agencies in California are primarily governed by State laws found in Government Code (GC) Section 53600, et.seq. • GC Section 53646 encourages and Fresno Municipal Code (FMC) 7-104 requires that Council annually adopt an investment policy (the “Policy”) applicable to City of Fresno investments of surplus funds and deposits of operating funds. • In addition, the Governmental Accounting Standards Board (“GASB”) requires extensive reporting and disclosure regarding the City’s investment program through GASB Statements 3, 31 and 40. • As stated in the Policy, the objectives of the City’s investments program for surplus funds are (1) safety of capital (2) adequate liquidity (3) market yield and (4) local economic development. • Legal compliance is assured because the investments authorized for the City are either approved with the same parameters permitted by State law, or have more stringent parameters. For example State law has no limits on the number of Agency Notes. The City’s Policy limits no more than 70 percent of the Portfolio to Agency Notes, with no more than 50 percent for any one issuer. • Safety of capital is assured by managing financial credit risk (the risk of default by the issuer), custodial credit risk, (the risk of losing investments not held in the City’s name), concentration of credit risk, (the risk of not adequately diversifying), interest rate risk (the risk of declines in market value when interest rates rise), and foreign currency risk (the risk of loss due to fluctuations in the value of foreign debt instruments.) • Financial credit risk is managed by limiting investment choices to those authorized by State law. Custodial risk is managed by requiring a third party custodian for all investments. Concentration of credit risk is managed by assuring adequate diversification as noted above, for example, with regard to Agency Notes. Interest rate risk is managed by limiting the portfolio to a weighted average maturity not to exceed three years. Foreign currency risk is managed by limiting investments to only dollar denominated instruments. • Adequate liquidity is assured by maintaining an adequate balance of operating funds in the City’s bank account, and with respect to surplus funds, by owning marketable securities which can easily be liquidated or sold, by maintaining a maturity schedule that assures a regular stream of cash flow, and by maintaining a sufficient amount of funds in immediately liquid accounts such as the Local Agency Investment Fund (“LAIF”). • Investment return objectives are achieved by analysis of the market and the investments available, by maintaining a active style of investment management, by swapping bonds if advantageous, by requiring competitive bidding and negotiation when appropriate, and by engaging in securities lending if appropriate. 1 • The objective of local economic development is pursued by reserving $10,000,000 (or approximately 4 percent) of the Portfolio for purchases of Certificates of Deposit from local financial institutions. • The cash management function is organized by the City (ex-officio) Treasurer (“the Treasurer”), who also serves as the City’s Controller. The Treasurer sets overall policy and objectives for the cash management program. The Treasury Officer and Treasury staff, determine and take action to meet the City’s operating fund needs. If surplus funds are available, the Treasury Officer selects investments, with the approval of the Treasurer or Assistant Controller. One of the Accountant-Auditor IIs in Treasury performs the accounting for the Portfolio and prepares monthly reports of investment activity. This segregation of duties is integral to strong internal control in the cash management program. • The Treasury Officer, with the advice and direction of the Treasurer, performs the day-to- day management of the Portfolio. The markets and economic activity are monitored daily along with possible investments and actions that would benefit the Portfolio. Data are analyzed and investment decisions are made by the Treasury Officer and approved by the Treasurer or Assistant Controller. • Reports of the results of the cash management program are made monthly. The Reports detail the disposition of all of the City’s cash assets. This includes both operating funds, held in the City’s depository, and all surplus funds. Reports show the categories of the investments of surplus funds. Holdings in the Portfolio, including the par, book, and market value of each investment are available upon request. The Reports also show the asset mix in the Portfolio, the range of maturities, the level of Policy compliance, and a comparison of yields between the City’s Portfolio, LAIF and a one-year Treasury instrument. • After adoption of this Policy by Council, any material changes must be approved by Council. 2 I. INVESTMENT RESONSIBILITIES A. Legal Requirements The primary sources of law regarding the investment practices and procedures for the City of Fresno are laws passed by the State of California, the Fresno City Charter and the Fresno Municipal Code (“FMC”). Federal law and Fresno County ordinances are not generally a source of direction with regard to the management of the City of Fresno deposit and investment program. The State has declared its intention to govern investment and deposit activity for local agencies under various California Government Code (“GC”) Sections. GC Sections 53630.1 and 53600.6 state that: “The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern.” 1. Investment Authority a. State Law GC Section 41001 identifies the city treasurer as the city official responsible for receiving and safekeeping all money received as treasurer. GC Section 41006 authorizes the city treasurer to appoint “deputies” for whose acts he (the treasurer) and his bondsmen are responsible. GC Section 53601 authorizes the legislative body of a local agency to invest “surplus funds,” money not required for the immediate needs of the local agency. GC 53607 authorizes the City Council to delegate its authority to invest to the treasurer of the local agency for a one-year period. b. City Law Section 804 of the Charter of the City of Fresno creates the position of City Controller, who shall be appointed by the Chief Administrative Officer with the approval of the City Council. The Controller is to have charge of the financial affairs of the City under the Chief Administrative Officer. Section 7-901 of the FMC appoints the Controller as the (ex-officio) Treasurer of the City, and requires that all funds received by the City be promptly paid into the City’s Treasury. 2. Investment Policy a. State Law GC Section 53646 encourages local agencies to prepare an annual investment policy to be submitted to the agency’s legislative body for its consideration at a public meeting. 3 b. City Law FMC Section 7-104 requires that the Controller shall annually prepare and submit an investment policy to the City Council for its approval. The policy is to include a policy statement, policy scope, policy objectives, and various other investment provisions addressing authorized investments, portfolio diversification, internal controls and other requirements as deemed appropriate by the Controller. 3. Investment Reporting a. State Law GC 53646 encourages that a quarterly investment report be prepared by the treasurer or chief financial officer and submitted to the City Council within 30 days following the end of the quarter covered by the report. GC 53607 requires that the treasurer make a monthly report of investment transactions to the City Council. b. City Law Although there is no legal requirement set forth in the City Charter or the FMC to do so, the Treasurer of the City of Fresno follows State law and submits monthly reports of investment activity to the City Council, in accordance with Section VI.A. of this Investment Policy (the “Policy”), within 30 days after the end of the month covered by the report or as soon thereafter as the month is closed and it is practicable. 4. Authorized Investments a. State Law GC 53601 establishes the types of investments allowed, the maximum allowable percentage limits for each investment type, acceptable maturities, quality ratings allowed, and maximum allowable percentage by issuer. GC 53601.8 provides for the investment of a portion of the City’s surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit. In addition, GC 16429.1 authorizes local agencies like the City to invest monies in the Local Agency Investment Fund (“LAIF”) established by the State Treasurer for the benefit of local agencies. b. City Law The City Charter and municipal code do not deal with the types of investments permitted for the City of Fresno. Through this Policy, the City of Fresno conforms to State Law with regard to authorized investments. (See Section III.A.1. Also, Appendix D contains a comparison of State and City authorized investments). 4 c. Grandfather Clause Any investment held by the City of Fresno at the time this Policy is adopted shall not be sold to conform to any part of this Policy unless its sale is judged to be prudent by the City Treasurer. 5. Collateral Requirements a. State Law There are no collateral requirements for investments of surplus funds held in the City’s treasury in accordance with GC Section 53601. GC Section 53601.8 (c) requires that the full amount of principal and interest accrued on local agency funds invested in certificates of deposit in accordance with the provisions of GC Section 53601.8 shall at all times be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA). GC Section 53635.2 requires that funds not invested in accordance with GC Section 53601, should “as far as possible” be deposited in eligible financial institutions in California. This money constitutes the City’s operating funds. For public operating funds in demand deposit accounts with financial institutions, GC Section 53652 requires that such funds must be collateralized by the institution with a market value of eligible securities listed in GC Section 53651, in excess of the total amount of all deposits secured by such eligible securities, by varying percentage amounts, depending on the type of security. Depository institutions are required to contribute such collateral to a pool of securities held in the name of and administered by the California Collateral Pool Administrator, an official with the California Department of Financial Institutions, and held by the Federal Reserve Bank as custodian. b. City Law FMC Section 7-101 governs the collection and custody of City moneys and requires all such funds to be paid promptly into the City’s Treasury, for deposit into financial institutions as determined to be most advantageous to the City by the Controller, with the approval of the City Council. 6. Prudent Person Rule a. State Law GC Section 53600.3 identifies those who invest money on behalf of local agencies as trustees and therefore fiduciaries subject to the prudent investor standard. A trustee is required to survey general economic conditions and the anticipated needs of the agency, and act in accordance with a level of care, skill, prudence and diligence under the circumstances then prevailing, in order to safeguard the principal of the investment and maintain the liquidity needs of the agency. 5 b. City Law The City Charter and the FMC do not specifically address the requirement for City personnel engaged in the investment process to act in accordance with the prudent person rule. However, this Policy does require the Prudent Person standard of behavior with respect to the City’s Investment Portfolio. (See Section I.C.1.) 7. Investment Objectives a. State Law GC 53600.5 requires that a trustee investing public funds must have the following objectives with regard to investment activities in the priority stated: Safety of principal, (First priority), Liquidity needs of the local agency (Second priority), and a Return on the funds under his/her control (Third priority). Also, with regard to the Return on investments, GC 53601.6(b) prohibits a local agency from investing funds in any security that could result in a zero interest accrual if held until maturity. b. City Law The City Charter and the FMC do not specifically note these requirements, but this Policy states that Safety, Liquidity and Yield constitute the first three objectives of the City’s investment program. In addition, this Policy prohibits investing in any investment that could result in a zero interest accrual. (See Section III.) 8. Securities Dealers a. State Law GC 53601.5 requires that any investments purchased by a local agency, must be obtained from either the issuer, or, if in the secondary market, from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporation Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. b. City Law The Charter and the FMC do not directly cover the requirements for broker- dealers, but this Policy conforms to State Law with regard to those who wish to maintain a broker-dealer relationship with the City. (See Section V.C.) 6 9. Prohibited Investments a. State Law GC 53601.6 (a) prohibits a local agency from investing any public funds in inverse floaters, range notes, or mortgage-derived, interest-only strips. b. City Law While the Charter and the FMC do not specifically deal with this issue, this Policy does conform to State Law and prohibits investment in inverse floaters, range notes, or mortgage-derived, interest-only strips. (See Section III.A.1.b.) 10. Trading Securities a. State Law GC 53603, 53604, and 53605 combined permit an investment strategy other than “buy and hold.” These Code sections allow the purchase of an investment when issued or in the market, after it has been issued, and they also permit selling or exchanging an investment prior to maturity, in order to raise capital for the original purpose of the investment, or as otherwise desired. b. City Law The Charter and the FMC do not discuss the circumstances under which investments will be bought and sold, but this Policy follows State Law in permitting the City to trade securities if it is advantageous to the City to do so, and will not constitute a deviation from other Sections of this Policy. (See Sections III.C. and V.E.) 11. Safekeeping a. State Law GC 53608 permits the safekeeping function for a local agency to be delegated by the City Council to the City Treasurer. Securities may be deposited in a number of institutions including a Federal or State association (as defined by Section 5102 of the Financial Code), a trust company or a State or national bank located in California, with any branch of the Federal Reserve Bank, or with any State or national bank located in a (Federal) reserve city. By implication, what is not permitted is the deposit of securities with a “counterparty” or the broker-dealer from whom the securities were purchased. b. City Law Neither the Charter nor the FMC prescribe standards regarding the safekeeping of securities. However, this Policy conforms to State Law and requires City securities to be held by a third party custodian. (See Section III.A.2.) 7 B. Scope 1. Applicability a. Investment Pool This Policy applies to all monies under the control of the Treasurer of the City of Fresno, normally used in the day-to-day operations of the City, or which are not required for immediate use. The former funds are defined herein as “operating funds.” The latter funds are referred to in GC 53601 as “surplus funds.” Operating funds shall be deposited in the City’s demand deposit account (checking account) with its depository institution, in accordance with Section I.A.5. of this Policy. The amount of funds kept on deposit in this account shall be determined by the Treasurer, and the Treasurer’s deputies, to meet the demands of the City’s daily operations. This practice meets the responsibility delegated to the Treasurer by the Fresno City Council, in accordance with Section I.A.1.a. and Section IV.B. of this Policy. In meeting this same responsibility with respect to surplus funds, all such monies entrusted to the Treasurer will be pooled in a diversified portfolio (the “Investment Pool”, or the “Portfolio”). The City Treasurer and staff will monitor economic and other conditions, and manage the Portfolio on an active basis. b. Fund Accounting The monies covered by this Policy are accounted for in the City’s General Ledger, and reported in the City’s Comprehensive Annual Financial Report (the “CAFR”). These financial assets are accounted for by means of fund accounting, in accordance with Generally Accepted Accounting Principals (“GAAP”) for Governmental entities. The Fund types used to account for them are: • General Fund • Special Revenue Funds • Capital Projects Funds • Enterprise Funds • Internal Service Funds • Fiduciary-Agency Funds 2. Exclusions a. Deferred Compensation Funds The assets and investments comprising the Deferred Compensation Fund are specifically excluded from coverage by this Policy. Investment of these funds is directed by each employee in accordance with the rules of the Deferred Compensation Plan of the City. 8 b. Successor Agency to the Redevelopment Agency of the City of Fresno In addition, this Policy is not applicable to funds held by the Successor Agency to the Redevelopment Agency (the “RDA”) of the City of Fresno. Although a component unit of the City of Fresno, the RDA administers its funds separately from the City, and does not come under the authority of the City Treasurer. c. Retirement Systems Also excluded are all investments of the City of Fresno Retirement Systems, including the assets held in the General Employees System, and both Police and Fire Systems. These assets, both City and employee contributions, are governed by and are under the control of the Retirement Systems Board of Directors. d. Bond or Loan Proceeds Bond or other proceeds resulting from the City’s indebtedness, held by a trustee on behalf of the City’s creditors, or in accordance with federal requirements, typically to be used in conjunction with the construction of various capital projects, are also specifically excluded from the scope of this Policy. Furthermore, monies held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, known as “Reserve Funds,” or obligations under a lease, installment sale, or other agreement of the City, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements are also excluded from the scope of this Policy. Pursuant to GC Section 53601(m), such funds may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the City in providing for the issuance, rather than through the application of this Policy. C. Standards of Conduct 1. Prudent Investor Rule The standard of prudence to be used by investment officials for the City of Fresno shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Per GC 53600.3, the “prudent person” standard states that “When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, 9 provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 2. Ethical Standards Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Officers and employees shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. 3. Conflicts of Interest, Gifts, Gratuities The City fully supports the disclosure process required by the Political Reform Act and each individual involved in the City’s investment program shall be required to complete Form 700, Statement of Economic Interests, annually, in accordance with GC 87100-87350. Employees and investment officers shall disclose any material financial interests in firms that conduct business within the City’s jurisdiction, and shall further disclose any personal financial/investment positions that could be related to the performance of the City’s Portfolio. A single gift or multiple gifts from a single donor, whose value exceeds $50 during a calendar year must be reported. Also, the limit on gifts or gratuities from a single source during a single year is a total of $500. These limits shall be strictly observed. II. INVESTMENT OBJECTIVES A. Compliance With Legal and Professional Direction In conducting its investment program, the City shall comply with all State and City legal directives, conform to Generally Accepted Accounting Principles (“GAAP”), as promulgated by the Governmental Accounting Standards Board (“GASB”), especially including GASB Statements 3, 31 and 40, and avail itself of guidance furnished by governmental and industry professional organizations, including but not limited to the California Debt and Investment Advisory Commission (“CDIAC”), the Government Finance Officers Association (“GFOA”), the California Municipal Treasurer’s Association (“CMTA”), the California Society of Municipal Finance Officers (“CSMFO”), the Municipal Treasurers Association of the Untied States and Canada (“MTAUS&C”), the Association of Finance Professionals (“AFP”) and the Public Treasury Institute (“PTI”). It shall be the Policy of the City to ensure that staff involved in the investment program have regular training and adequate information resources provided by the preceding governmental and industry professional organizations. B. Safety of Capital The City of Fresno’s first and most important objective in conducting its investment program is to ensure the safety of principal, considering the portfolio as a whole. In a well-diversified portfolio, at any particular point in time, security valuations may be impacted either favorably or unfavorably by changes in interest rates and economic 10 conditions. Specific policies to ensure the safety of principal are presented in Section III.A. “Policies to Ensure Legal Compliance and Safety of Principal.” C. Maintenance of Adequate Liquidity The City’s Investment Portfolio must be structured in a manner that will provide the liquidity necessary to pay obligations as they become due. This is the second objective of the investment program. Specific policies by which the City ensures the maintenance of adequate liquidity are described in Section III.B. “Policies to Ensure Adequate Liquidity.” D. Return on Investments The City shall seek to optimize return on investments within the constraints of safety and liquidity. This third objective of the City investment program shall be to achieve a rate of return on funds that is comparable to that achieved by the State of California Local Agency Investment Fund (“LAIF”). Specific policies regarding investment rate of return are presented in Section III.C. “Policies to Achieve Investment Return Objectives.” E. Local Development Program Fourth, the City of Fresno seeks to promote local economic development through various programs and activities. Included is the Treasurer’s program of placing funds with local financial institutions who demonstrate a commitment to private economic growth, local housing investment and other community services. While investment in local financial institutions may result in a lower net yield for the Portfolio, the benefit to be derived is a potential expansion of the City’s tax base. Specific policies regarding local investments are presented in Section III.D, “Policies to Promote Local Economic Development.” III. INVESTMENT POLICIES A. Policies to Ensure Legal Compliance and Safety of Principal Ensuring compliance with State law and safety of principal are accomplished by minimizing three types of risk: credit risk, interest rate risk and foreign currency risk. There are three sub-types of credit risk: financial risk, custodial credit risk, and concentration of credit risk. Financial risk is the risk that the issuer of an investment instrument will default on it and not pay the debt. Custodial credit risk is the risk of losing an ownership interest in a security because it was held in the name of the selling firm in the transaction, and that firm experienced financial stress, making access to the security impossible. Concentration of credit risk refers to the risk of owning too many investments of one issuer. Interest rate risk is the risk of the loss of market value of an investment if interest rates should rise after the purchase. Foreign currency risk is the risk of the possible loss of an investment’s value when it is converted from a foreign currency into U.S. dollars. 1. Managing Financial Credit Risk 11 a. Authorized Investments The most effective method for minimizing the risk of default by an issuer is to invest in high quality obligations. Also, since these obligations are the only ones permitted by State law, investing in them is also the most effective way to maintain legal compliance. Therefore, it is the Policy of the City of Fresno to purchase only those obligations specified in GC 53601, GC 53601.8, and GC 16429.1. These are as follows: (1.) City of Fresno bonds, including revenue bonds, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (2.) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (3.) Registered California warrants, treasury notes or bonds, including revenue bonds maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (4.) Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California. There shall be no percentage limitation of the Portfolio that can be invested in this category. (5.) Bonds, notes, warrants or other evidences of indebtedness of any local agency within California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. There shall be no percentage limitation of the Portfolio that can be invested in this category. (6.) Federal Agency or United States Government-Sponsored Enterprise obligations, participations, or other instruments including those issued by or fully guaranteed as to principal and interest by Federal agencies or United State Government-Sponsored Enterprises, maturing within five years of the date of purchase. These include, among others, issues of the Government National Mortgage Association (“GNMA”), the Federal Farm Credit Bank System (“FFCB”), the Federal Home Loan Bank Board (“FHLB”), the Federal Home Loan Mortgage Corporation (“FHLMC”), the Federal National Mortgage Association (“FNMA”), the Student Loan Marketing Association (“SLMA”), and the Federal Housing Administration (“FHA”). According to the Government Code, there is no percentage limitation of the Portfolio that can be invested in this category. However, the City Policy is that no more than 70 percent of the City Portfolio shall be composed of 12 investments in this category. Likewise, although the Government Code has no limitation on the percentage of the Portfolio that can be invested in any one of the issuers referenced in this paragraph, the Policy of the City of Fresno is to limit the percentage of the City’s Portfolio that can be invested in any one of these issuers to 50 percent. (7.) Banker’s Acceptances are bills of exchange or time drafts drawn on and accepted by a commercial bank. Banker’s Acceptances may not exceed 180 days to maturity at the time of purchase. No more than 40 percent of the Portfolio may be invested in this category, with no more than 30 percent of the Portfolio invested in the obligations of any one bank. Only Banker’s Acceptances eligible for purchase by the Federal Reserve System meet the eligibility requirements for investment in the Portfolio. (8.) Commercial Paper ranked “P-1” by Moody’s Investor Services or “A-1” by Standard and Poor’s and issued by a domestic corporation having assets in excess of $500,000,000 and having an “A” or better rating on its long-term debentures as provided by Moody’s or Standard and Poor’s. Purchases of eligible commercial paper may not exceed 25 percent of the Portfolio, nor have a term to maturity at time of purchase in excess of 270 days. The City is limited to purchasing no more than 10 percent of the outstanding commercial paper of any one issuer. (9.) Negotiable Certificates of Deposit issued by nationally or State-chartered banks, savings associations, or a federal association (as defined by Section 5102 of the California Financial Code), a state or federal credit union, or by a state-licensed branch of a foreign bank, not to exceed the net equity of the financial institution, and not to exceed a total concentration of 30 percent of the Portfolio, and maturing within five years of the date of purchase. These are not Time Deposits that would ordinarily be purchased from banks (See Section III.D.4. for information about the City’s Time Deposit investments.) Also, Negotiable CDs cannot be purchased from institutions for which City investment officials serve as members of the governing board. (10.) Investments in repurchase agreements, reverse repurchase agreements, or securities lending agreements of any securities authorized by this Policy. The term for repurchase agreements may not exceed one year, and the market value of the underlying securities must maintain a value of 102 percent or greater of the funds borrowed against those securities. Conditions for reverse repurchase agreements and securities lending agreements are that the securities to be sold or lent must have been owned for a minimum of 30 days prior to the transaction, the total amount of securities must not exceed 20 percent of the Portfolio, the agreement must not exceed a term of 92 days, unless there is a guaranteed spread for the entire period, the borrowed funds will not be invested for more than 92 days, unless, again, there is a guaranteed spread for the entire period, and, finally, these agreements may only be made with the prior approval of the City Council. 13 (11.) Medium-term notes are all corporate and depository institution debt securities with a maximum of five years or less remaining to the date of maturity at the time of purchase, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of “A” or better by a nationally recognized rating service. No more than 30 percent of the Portfolio may be invested in medium-term notes. Likewise, the State limits investments in the medium term notes of a single issuer to no more than 30 percent of the Portfolio. However, this Policy further limits investment in the medium term notes of any one issuer to no more than 20 percent of the Portfolio. The limit on the amount of a single issuer’s debt which may be purchased remains the same as that of the State, 100 percent. (12.) Shares of beneficial interest issued by diversified management companies, otherwise known as Mutual Funds, who invest in the securities and obligations authorized by this Policy. To be eligible for investment, these companies shall either: (1) attain the highest ranking or the highest letter and numerical rating provided by two of the largest nationally recognized rating services, or (2) have an investment adviser registered with the Securities and Exchange Commission with at least five years experience investing in the securities authorized by this Policy, and with assets under management in excess of $500,000,000. Investment in any one Mutual Fund shall not exceed 10 percent of the Portfolio, while the total of all Mutual Fund investments shall not exceed 20 percent of the Portfolio. Also, the purchase price of shares shall not include any commission that the companies may charge. (13.) Shares of beneficial interest issued by diversified management companies that are Money Market Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment, these companies shall either (1) attain the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (2) retain an investment adviser registered or exempt from registration with the securities and Exchange Commission with not less than five years’ experience managing Money Market Mutual Funds with assets under management in excess of $500,000,000. Investment in Money Market Funds shall not exceed 20 percent of the Portfolio, and shall not include in the purchase price of shares any commission that the companies may charge. (14.) Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a minimum of five years’ maturity at the time of purchase. Securities eligible for investment under this subdivision shall be issued by an issuer having an “A” or higher rating for the issuer’s debt as provided by a nationally recognized rating service and rated in a rating category of “AA” or its equivalent or better by a nationally recognized 14 rating service. Purchase of securities authorized by this Policy may not exceed 20 percent of the Portfolio. (15.) Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in paragraphs (1.) to (14.), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment advisor that meets all of the following criteria: (i) the adviser is registered or exempt from registration with the Securities and Exchange Commission (ii) the adviser has not less than five years of experience investing in the securities and obligations authorized in paragraphs (1.) to (14.), inclusive, and (iii) the adviser has assets under management in excess of five hundred million dollars ($500,000,000). In accordance with State Law, there are no limits on the percentage of the Portfolio that may be invested in these shares. (16.) Deposits made with a “selected” depository institution, in accordance with GC Section 53601.8, that uses a private entity that assists in the placement of certificates of deposit. Such deposits shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. The selected depository institution shall serve as custodian for each certificate of deposit that is issued with placement service for the local agency’s account. (17.) Deposits in LAIF, up to the maximum permitted by the State Treasurer, currently $65,000,000 per account, for the purpose of investment. The City considers LAIF to be an external investment pool subject to the reporting requirements of GASB Statement 31, which requires that LAIF deposits be reported at fair market value. (18.) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 30 percent of the Portfolio. b. Prohibited Investments (1.) The City shall not invest any funds in investment instruments not listed in Section III.A.1.a. (2.) The City shall not invest any funds in those investment instruments identified as “inverse floaters,” “range notes,” or “mortgage-derived, interest-only strips.” 15 (3.) The City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. 2. Managing Custodial Credit Risk To protect against fraud, embezzlement, or potential losses resulting from the financial collapse of securities dealers, all securities owned by the City shall be held in the name of the City for safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement or professional services agreement, executed by the bank and the City. All securities will be purchased and delivered using standard delivery-versus-payment (DVP) procedures through the City’s safekeeping agent. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and no direct transfers of funds to an outside broker/dealer are permitted. Only indirect transfers may be made, through the City’s safekeeping agent. Upon purchase, sale, or maturity of investment securities, standing settlement instructions are provided to the servicing banks and broker/dealers involved in the transactions. Adherence to these standing settlement instructions ensures accurate and timely settlement of investment security transactions. Standing settlement instructions are restricted in nature, ensuring investment settlements are with established institutions. Deposits with financial institutions, and with LAIF, in accordance with GC 53601.8, GC 53635.2 and GC 16429.1, shall be evidenced by a certificate or official statement of the City’s account, issued by the financial institution or by LAIF, and retained in possession of the City. 3. Managing Concentration of Credit Risk The City believes that the most important means for ensuring safety of principal consists of purchasing investments of high credit quality, namely, those listed in Section III.A.1.a. At the same time, the City believes in the importance of a well- diversified Portfolio. It is the policy of the City to diversify its Investment Portfolio so that reliance on any one issuer or broker-dealer will not place an undue financial burden on the City. Accordingly, the permitted concentrations of investments, as a percentage of the Portfolio and per individual issuer, are as indicated in Section III.A.1.a. For convenience, they are summarized below. They are also presented in a table in Appendix D, which compares them with the limits imposed by the State: a. City of Fresno debt instruments: 0-100 percent b. U. S. Treasury Obligations: 0-100 percent c. California debt obligations: 0-100 percent d. Registered treasury notes or bonds of other 49 states: 0-100 percent e. California local agency obligations: 0-100 percent f. U.S. Sponsored Agencies: 0-70 percent, 0-50 percent per issuer g. Bankers’ Acceptances: 0-40 percent, 0-30 percent per issuer h. Commercial Paper: 0-25 percent, 0-10 percent of issuer’s paper i. Negotiable CDs: 0-30 percent j. Time Deposits: 0-100 percent 16 k. GC 53601.8 CDs: 0-30 percent l. Repurchase Agreements: 0-100 percent m. Reverse Repurchase Agreements: 0-20 percent n. Securities Lending Agreements: 0-20 percent o. Medium-term Corporate Notes: 0-30 percent, 0-20 percent per issuer p. Mutual Funds: 0-20 percent, 0-10 percent per issuer q. Money Market Funds: 0-20 percent r. Mortgage/Asset Backed Securities: 0-20 percent s. GC 6509.7 joint powers authority shares: 0-100 percent t. LAIF: 0-100 percent u. International Bank for Reconstruction and Development: 0-30 percent v. International Finance Corporation: 0-30 percent w. Inter-American Development Bank: 0-30 percent 4. Managing Interest Rate Risk Interest rate risk is also referred to as “market risk.” It is the risk that, when selling an investment in the Portfolio, the price and the proceeds received will be less than the purchase price and amount invested. This results in the erosion of principal, or the realization of a capital loss. The longer the maturity date of bonds, the greater the price volatility, and the greater is the risk of principal erosion or selling the bond at a loss. Therefore, it is the City’s Policy to concentrate its investment portfolio in shorter-term securities in order to limit principal risk caused by changes in interest rates. In no event will the City exceed the guidelines established by State law and invest in any security whose maturity date at the time of purchase is in excess of five years. In addition, the City manages interest rate risk by measuring the weighted average maturity of the Portfolio as a method of gauging the degree of interest rate risk to which the Portfolio is exposed. The weighted average maturity is a mathematical calculation wherein the average of the number of days or years to the maturity dates of all the investments in the Portfolio is weighted by the amounts of each investment. The greater the amount of the investment, the greater the role it plays in determining the average number of days to maturity. For the City of Fresno, the weighted average maturity of its Portfolio shall not exceed three years. By maintaining the weighted average maturity of the Portfolio below three years, the City successfully minimizes potential losses from interest rate increases. 5. Managing Foreign Currency Risk The City only invests in U.S. dollar denominated obligations. This successfully eliminates all risk of principal erosion due to fluctuations in the values of foreign currencies. B. Policies to Ensure Adequate Liquidity 1. Depository Balances On a daily basis, the Treasurer and Treasury Deputies shall review the status of the City’s demand deposit account, the expected inflows of cash from various sources, and the expected uses of cash for the day. The amount of funds needed for daily operations is determined, as is the amount of funds available to meet expected 17 requirements. As a general rule, staff believes that an average balance of $15,000,000 in the City’s bank account is a reasonable target depository balance to meet operating fund requirements on any given day. The difference between expected sources and uses of cash determines whether there is a need for additional operating funds or there are surplus funds available for investment. Based on this analysis, the Treasurer and Treasury Staff seek to generate additional cash inflows or surveys the financial markets for suitable investments. In achieving the former, staff may determine that selling an investment is the most advantageous course to take, or selling shares in a money market fund, or LAIF. In achieving the latter, staff may consult with broker-dealers, review the financial markets via the news media or email communications, or conduct research via the City’s financial subscription service. At all times, staff shall endeavor to achieve a balance ensuring that operating funds remain sufficient to meet the City’s obligations, while any surplus funds are invested to achieve a financial return consistent with this Policy. 2. Repurchase Agreement Maturities Because no secondary market exists for repurchase agreements, the maximum maturity for repurchase agreements in the Portfolio is one year. 3. Security Marketability Liquidity is very closely correlated with the marketability of investments in the Portfolio. Liquidity can be defined as the ability to sell an investment at or near the original purchase price paid for it, whenever desired. This can only occur if there is an active market for the type of security to be sold. Such a market only exists for high quality types of investments. Thus, in addition to the objectives of legality and safety, the City also ensures adequate liquidity by investing only in obligations permitted by GC 53601, GC 53601.8, and GC 16429.1 as described above in Section III.A.1.a. Authorized Investments. 4. Scheduling Maturities Or Maintaining A Barbell The Policy of the City is to maintain a schedule of maturities such that cash flow through maturities occurs in a manner adequate to fund City operations. As an alternative strategy, the City may maintain a barbell structure such that maturities are equally weighted toward a very short-term horizon (to provide liquidity) and a longer-term horizon (to provide higher yields). The Treasurer will determine which strategy will be most effective given current market conditions. 5. Investments in LAIF While the City maintains a high quality Portfolio, which will normally ensure the maintenance of adequate liquidity, either through a scheduled or barbell approach, the City must also be prepared for market aberrations which might serve to dampen liquidity, if only temporarily. Therefore, it is the Policy of the City to maintain an amount invested with LAIF that will provide adequate liquidity, as determined by the Treasurer, in the event that maturities in the Portfolio are not sufficient to fund operations, and securities cannot be sold to generate additional cash. 18 C. Policies To Achieve Investment Return Objectives The policies set forth in this Section enable the City to achieve the yield objectives established for the Portfolio. 1. Yield Objective The City’s Portfolio is structured to attain a market-average rate of return through the ups and downs of various economic cycles. The performance measure used for the Portfolio is the yield achieved by the LAIF. This portfolio, managed by the California State Treasurer’s Office, establishes a standard for public funds in California. A reasonable benchmark for the City of Fresno is 50 basis points (.5 percent) above the yield achieved by LAIF. Accordingly, it is the stated objective of the City of Fresno’s Portfolio to achieve a return on investment at least 50 basis points in excess of the return earned by the California Local Agency Investment Fund. 2. Portfolio Management Style Management styles for fixed income portfolios range from a passive “buy and hold” approach to an extremely active “day trader” approach. It is the Policy of the City to manage the Portfolio in a semi-active style, in order to enhance the overall yield on the Portfolio. In employing a semi-active style, investments will not be purchased with the sole objective of holding them until maturity. Investments can and will be sold prior to maturity if advantageous to the City. At the same time, however, buying solely in order to arbitrage and resell the investment constitutes speculation and this practice is expressly prohibited. 3. Portfolio Maturity Management As stated in Sections III.A.4. and III.B.3., when structuring the maturity composition of the Portfolio it is the Policy of the City to minimize interest rate risk and ensure adequate liquidity. Likewise, it is City Policy to evaluate current and expected interest rate yields and to invest accordingly, recognizing that the longer the time remaining to maturity for a security, the greater the price fluctuation which could occur, given changes in economic conditions and interest rate levels. 4. Bond Swaps The City takes advantage of security swap opportunities to improve Portfolio yield. A swap that improves Portfolio yield may be selected even if the transaction results initially in a loss. (See Section V.E.) 5. Competitive Bidding, Negotiation It is recognized that competitive bidding and negotiation for lower prices are two techniques that can enhance overall Portfolio yields. It is the Policy of the City to utilize one or both techniques, depending on the circumstances surrounding the transaction, when obtaining offers for the purchase of securities, or bids for the sale of securities. 19 6. Securities Lending a. Overview A securities loan is a transaction in which the owner of a security (the City) agrees to lend a security to a borrower (broker/bank) under terms negotiated at the time of the loan. During the period that a security is out on loan, the lender continues to have all the benefits of ownership. All interest or dividend income belongs to the lender. During the term of the loan, the borrower (broker/bank) pays a fee or interest to the lender (the City). During the term of the loan, the borrower must post collateral in the form of either cash or direct U.S. government and agency securities. The required collateral will always be in excess of the borrowed amount and be monitored by both parties. The term of the loan can be as short as overnight but usually averages 5 to 10 days. b. Policy It is the City’s Policy to enter into a securities lending program to enhance investment return. Securities lending will only be transacted with a written agreement approved by the City Attorney. The written agreement will detail: (1.) Acceptable types of collateral (2.) Standards of collateral custody and control (3.) Collateral valuation and initial margin (4.) Accrued interest, mark-to-market, and margin calls (5.) Method for transmitting security income (6.) Acceptable methods for delivery of securities and collateral (7.) Conditions that will terminate the loan D. Policies To Encourage Local Development 1. Program Description In accordance with current Council policies on the facilitation of local economic development, and the legal direction cited in Section I.A.5. of this Policy, local financial institutions will be utilized to provide investment products for a portion of the City’s Portfolio. Such products will not necessarily result in maximum earnings for the Portfolio. However, the loss of short-term investment yields may be offset by the potential expansion of the tax base. Local financial institutions eligible for participation in this program are defined as: any financial institution whose deposits are insured by the Federal Deposit Insurance Corporation (for commercial and savings banks), the Savings Association Insurance Fund (for savings and loan associations), and the National Credit Union Share Insurance Fund (for credit 20 unions) and organized and chartered under the laws of the United States or the State of California (collectively, the “Institution”), which also satisfies each of the following: (i) the Institution was founded and is headquartered in Fresno, Madera, Merced, Kings or Tulare County; (ii) the Institution shall be able to collateralize City funds in accordance with California Government Code Section 53652; and/or the Institution shall be able to use a private sector entity that assists in the placement of certificates of deposit in accordance with California Government Code Section 53601.8; (iii) if the Institution is a commercial bank, it shall have and maintain a Community Reinvestment Act (“CRA”) assessment area that includes all or substantially all of the low and moderate income census tracts in Fresno County and its most recent publicly available CRA rating in California is Satisfactory or Outstanding; and (iv) if the Institution is a credit union, a savings and loan association, or a savings bank, it shall have met the minimum operating standards required by its appropriate Federal or State regulatory body . Local broker-dealers may be used if they can supply the requisite investment instruments needed for the Investment Portfolio. 2. Program Objectives The objectives of the Program are to partner with local financial institutions with invested funds to be used for the economic development, housing investment and other community services for Fresno, and to achieve a local preference for Fresno broker-dealers who can provide the necessary financial products to the City. 3. Apportionment The Program will earmark approximately ten million dollars ($10,000,000) or roughly four percent (4%) of the Portfolio for placement with local financial institutions. 4. Program Conditions For Local Financial Institutions a. Financial Institution Questionnaire All local financial institutions interested in the Program must complete a Depository Questionnaire (See Appendix A) and provide current and prior year audited financial statements, as well as the most recent quarterly statement of financial conditions. In the case of a bank, the bank’s latest CRA Report shall be submitted. For all other local financial institutions, their latest publicly available regulatory report shall be submitted. (See also Section V.C.1.) b. Collateral Requirements A local financial institution participating in the Program must be willing and able to collateralize City deposits in accordance with California Government Code Section 53652. Alternatively, the local financial institution must be able to use a private sector entity that assists in the placement of certificates of deposit, in accordance with Government Code Section 53601.8. 21 c. Economic Development Time deposits, as evidenced by a certificate, or a statement of the City’s deposit, may be placed with those local financial institutions who qualify by certifying in the Depository Questionnaire that they have made loan(s) amounting to at least $250,000 in any of the City of Fresno’s low-income census tracts. If applicable, qualified institutions offering the highest interest rates will be given preference. d. Other Conditions (1.) An executed Contract For Deposit of Moneys per GC 53649 (2.) Collateralization required in accordance with GC 53652 or FDIC insurance in accordance with GC 53601.8 (c.) (3.) Waiver of collateral permissible per GC 53653 (4.) A certificate or statement evidencing the deposit and its terms is required (5.) No pending bank material adverse financial events (6.) No conflicts of interest with City officials (7.) Satisfactory Community Reinvestment Act rating 5. Program Conditions For Broker-Dealers a. Selection of Participant(s) Local broker-dealers will be surveyed and selected in accordance with Section V.C.2. of this Policy. b. Maintenance of “Good Standing” The successful broker-dealer(s) and their firm must remain in good standing with the Securities and Exchange Commission (the “SEC”), the National Association of Securities Dealers (the “NASD”), and the State of California, in accordance with Section 25004 of the Corporations Code. c. Selection of Investment Instruments Investment instruments will be selected in accordance with Section III.A.1.a. of this Policy. 22 IV. INVESTMENT FUNCTION ORGANIZATIONAL STRUCTURE A. Department of Finance The Director of the Department of Finance for the City of Fresno serves as the City’s Controller and Treasurer. He/she is responsible for providing the necessary organization and resources to maintain the City’s financial standing. Divisions reporting to the Director are: 1. Accounting Division a. Accounting Section This Section is responsible for central financial management functions, such as processing accounts payable, fixed asset management, enterprise and general accounting, grants management, and preparation of the City’s Comprehensive Annual Financial Report (“CAFR”) and State Controller’s Report. b. Payroll Section This Section is responsible for processing the City’s bi-weekly payroll, and ensuring adherence to and proper application of all bargaining unit agreements. c. Treasury Section This Section is responsible for management of the City’s Investment Portfolio, daily cash management, debt administration, and bank reconciliations. d. Collections Section This Section is responsible for collection of various City of Fresno delinquent claims against others. e. Business Tax & Permits Section This Section is responsible for collecting taxes on business enterprises in the City of Fresno, and issuing licenses and permits for certain regulated activities and events. 2. Purchasing Division The Purchasing Division is responsible for providing prompt and effective procurement services which meet the needs of City Departments in accordance with the spirit and requirements of the City Charter and Municipal Code while affording equal access to all entities seeking to do business with the City of Fresno. B. Treasury Section Responsibilities and Staffing – Investment Program Per GC 41006 1. Treasurer The Director of Finance/City Controller also serves as the City’s Treasurer. The Treasurer establishes overall policy, direction, and strategy for the City’s investment 23 program. He/she also sets overall policy, direction and strategy with regard to cash receipts processing and coordination of bank relations. The Treasurer may approve investments made by the Treasury Officer. The Treasurer establishes internal controls to the maximum extent permitted by budgetary constraints for the safeguarding and protection of all City assets. A primary method of effecting good internal controls is a segregation of duties as detailed in this Section IV of the Policy. 2. Assistant Controller (a deputy per GC 41006) The Assistant Controller may approve investments made by the Treasury Officer. 3. Treasury Officer (a deputy per GC 41006) The Treasury Officer is responsible for executing the policies and strategies developed by the Treasurer, and monitors the daily operations of the Treasury Section. The Treasury Officer monitors daily market activity, confers with broker- dealers and banks, and selects investments for the City’s Investment Portfolio. The Treasury Officer makes recommendations for policy changes, strategies and procedures for accomplishing Treasury goals and objectives. 4. Accountant-Auditor II (a deputy per GC 41006) An Accountant-Auditor II in the Treasury Section, under the supervision of the Treasury Officer, is responsible for daily cash management. He/she is also responsible for accounting for investment transactions and preparing the monthly investment reports. C. Compensation Agreement The Treasurer will charge all City Departments with funds in the Portfolio for administrative and overhead costs to manage the Portfolio. The Treasurer shall annually prepare a proposed budget, providing a detailed itemization of all estimated costs that comprise the administrative fee charged. Costs include, but are not limited to, Portfolio management, bank and custodial fees, software maintenance fees, and other indirect costs incurred in connection with handling or managing funds. The administrative fee may be subject to change and may be increased or decreased throughout the year in order to cover the costs of managing the Portfolio. V. INVESTMENT OPERATING PROCEDURES A. Investment Program Development 1. Overview The investments of the City of Fresno are administered according to an investment program. The program is formulated by the Treasurer with the overall review and approval of the City Manager. The Treasurer shall evaluate the program at least monthly and recommend any changes that he/she feels to be warranted. 24 2. Program Organization The Treasury Officer shall review the investment program daily to analyze performance and monitor any variances from the Policy. Results will be reported monthly to the Treasurer, and, in turn, the City Manager, Mayor and the City Council. 3. Program Operations The investment program is developed by the Treasurer, Assistant Controller, Treasury Officer, Senior Accountant-Auditor or Accountant-Auditor II through the following procedures: a. Observe and summarize economic and market analysis b. Forecast available cash for investment. See III. B. 1. c. Formulate strategies concerning (1.) Asset mix (2.) Investment instruments (3.) Maturities (4.) Target yields d. Monitor performance against the current investment program e. Evaluate any reasons for variance B. Market and Economic Analysis 1. Overview The Treasury Officer will be responsible for routinely performing market and economic analysis to support investment strategy development and program planning. This analysis will be performed using information obtained from investment advisors and brokers, as well as original data. The objective of the market and economic analysis will be to forecast probable market conditions for the period for which investments are planned. 2. Data Analysis Economic and market analysis is performed routinely by assembling and analyzing current and trend data. Market analysis utilizes, for example, the following types of data: a. Basis point changes b. Tracking of individual securities 25 c. Shape of the yield curve d. Yield curve movements C. Selection Criteria For Local Financial Institutions and Broker-Dealers 1. Selection Criteria for Local Financial Institutions a. Minimum Criteria For Selection The Treasurer may approve a local financial institution if all the following criteria are met: (1.) The financial institution must provide insurance to its depositors through the Federal Deposit Insurance Corporation. (FDIC), the Savings Association Insurance Fund (SAIF), or the National Credit Union Share Insurance Fund ((NCUSIF). (2.) Only local financial institutions organized and chartered under the laws of the State of California or the laws of the United States shall be appointed as depositories of City funds. (3.) The institution must be willing and able to collateralize City funds in accordance with California Government Code Section 53652. (4.) Alternatively, an institution must be able to use a private sector entity that assists in the placement of certificates of deposit that will be insured in accordance with GC 53601.8 (c). (5.) The institution must complete a City of Fresno Deposit Questionnaire. (See Appendix A) 2. Selection Criteria For Broker-Dealers The Treasurer shall maintain an approved list of securities broker-dealers with whom the City may conduct security transactions. Only those broker-dealers on the approved list are entitled to submit quotations and transact business with the City. Any broker-dealer failing to maintain the minimum criteria outlined below will be deleted from the approved list. a. Regulated Broker-Dealers Only approved broker-dealers will be used for investment transactions. Broker- dealers must be regulated by the SEC, be members in good standing of the NASD, and be licensed by the State of California. b. Broker-Dealer Certification 26 Each broker-dealer must complete the Broker-Dealer Certification (Appendix B) before conducting investment business with the City. c. Broker-Dealer Diversification There is no minimum or maximum number of broker-dealers that may be used by the City. The Treasurer may limit the number of broker-dealers with whom the City may do business. d. Removal From Approved List If, in the judgment of the Treasurer, a broker-dealer is considered to be placing the City’s investments at risk, removal from the approved list can be done immediately. D. Instrument Selection 1. Liquidity Needs Investments are ordinarily selected according to anticipated cash needs. The City’s normal operating cycle results in a larger need for liquidity during the months of November, December, and June. Investments shall be made with these requirements in mind. 2. Portfolio Structure and Policy Guidelines The Treasury Officer will consider the composition of the current Portfolio and determine whether the securities being considered will maintain the Portfolio within Policy guidelines. 3. Current and Expected Yield Curve Analysis The Treasury Officer will monitor the current and expected yield curves. When interest rates are expected to decline, consideration will be given to extending weighted average maturity of the Portfolio within Policy constraints. When interest rates are expected to increase, consideration will be given to shortening the weighted average maturity of the Portfolio. 4. Yield Spread Analysis The Treasury Officer will monitor yield spreads among various Government Agency issues and U.S. Notes and Bonds. E. Bond Swaps 1. Overview One element of active investment management includes swapping a bond held in the City’s Portfolio for a comparable bond in the market place. The purpose of such a transaction is to enhance the overall yield on the Portfolio. 27 2. Criteria For Swaps A security swap may be considered if: a. The overall yield of the Portfolio after the swap does not decrease b. The maturity date of the new security is not more than two years longer than the maturity of the old security. 3. Criteria For Analyzing Swap Candidates Documentation of the incremental gain from doing a swap, as shown through an analysis similar to that provided by Bloomberg’s “Swap-Switch Book Analysis” will be maintained with the City’s permanent accounting documents. 4. Identification of Swap Candidates Swaps may also be suggested by broker-dealers who are on the City’s approved list. Consistent with other parts of this Policy, all purchases and sales can be competitively bid. If a particular swap is recommended by a broker-dealer, and that broker-dealer has the best bid as determined by the Treasury Officer, the broker- dealer who made the recommendation will be awarded the swap. 5. Categories of Swaps The basic types of swaps are as follows: a. Swaps to Increase Yield Aberrations in the market are often caused by supply and demand conditions for particular securities. If a short supply exists in a particular maturity range, for example, it may often be advantageous to swap out the security in short supply for another similar security in a different maturity range. b. Swaps to Increase Portfolio Quality Occasionally the demand for a particular security can create a situation where the security yields the same or less than an equivalent security with a higher rating. An improvement in Portfolio quality can thus be obtained by swapping the former security for the latter issue. F. Certification A copy of this Policy will be provided to the senior management of any financial institution , dealer, or broker-dealer wishing to transact investment business with the City in order that it be apprised of the investment goals of the City. Before business is transacted with the firm, a certification must be signed by a senior member of the firm. 28 VI. PERFORMANCE EVALUATION AND REPORTING Investment performance is continually monitored and evaluated by the Treasurer and Treasury staff. Investment performance statistics and activity reports are generated by the City’s automated investment accounting system. The Treasury Section will produce summary reports on a monthly basis for review by the Mayor, City Manager, City Council and Internal Auditor. A. Standard Monthly Reports The following reports will be produced monthly and be included among the Treasurer’s monthly activity reports. 1. Month-end Report The month-end balance of operating funds, in the form of the bank balance, which has been reconciled with the balance in the City’s PeopleSoft accounting system, will be reported. (The bank reconciliation shall be available upon request.) The month-end Portfolio holdings will be shown by category of investment, showing the total book value, the total par value, the total market value, and the total expected returns of each category of investment. The rate of return on the Portfolio will be presented, both month-to-date and for the previous rolling twelve months. Additionally, the total earned interest on the Portfolio is shown, both month-to-date and year-to-date. (More detailed reports concerning the investments themselves shall be available upon request.) 2. Month-end Status Report (Graph) A graphical analysis report will also be prepared, showing the asset allocation, the asset allocation compared to Policy limits, the maturity schedule, and a yield comparison among the Portfolio, LAIF and the one year Treasury rate. 3. Custom Reports Are Available On Request B. Changes To The Policy The City Council is encouraged by GC 53646 and required by FMC 7-104 to consider and approve an Investment Policy at least annually. Following adoption of the Policy, the Council must approve material changes or revisions to the Policy as well. 29 APPENDIX A CITY OF FRESNO FINANCE DIVISION/TREASURY SECTION 2600 FRESNO STREET, ROOM 2156 FRESNO, CALIFORNIA 93721 DEPOSITORY QUESTIONNAIRE AND CERTIFICATION (Please type in response.) 1. Name of Depository 2. Address: Corporate: 3. Primary Representative: Alternate: Name: Name: ______________________________ Title: Title: ________________________________ Phone: (800) Phone: (800) 4. Check the investment instruments offered by your institution. Instrument Types U.S. Treasuries Government Sponsored Corporations Bankers Acceptances Commercial Paper Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium-term Corporate Notes/Bonds Mutual Fund Shares Asset-Backed Securities 30 5. Explain your collateral practices and policies for public fund deposits. Does the depository consistently have collateral available in amounts exceeding $1 million? In what form are public deposits collateralized? 6. Does the depositor have the option to select the type of collateral? If so, does the interest rate vary according to the collateral? Explain. 7. Does the bank utilize a private sector company that assists in the placement of certificates of deposit, with Insuring Institutions such as Promontory Interfinancial Corporation LLC, through its Certificate of Deposit Account Registry Service (“CDARS”)? 8. Explain your methodology for establishing interest rates on public fund deposits. Are rates driven off a standardized market index? Are rates set in correlation with specific loan demands upon the depository? 31 9. As of your last fiscal year end, did the depository exceed the minimum standards established by thrift regulators for tangible capital, core capital, and risk-based capital? If not, explain. Include annual reports for the last three years. 10. Has your depository ever been subject to an investigation or receivership proceedings by a regulatory agency? If so, explain. 11. Does your depository prepare periodic announcements or press releases relating to the performance of the depository? If so, please include the most recent release. 12. Are there any fees or charges for doing business with your institution? Discuss your policy on early withdrawals of time deposits. Include the contract your depository uses for public fund deposits. 32 13. Has your depository ever been subject to an investigation or found to be in violation of the Community Reinvestment Act of 1977, or any other pertinent regulatory agency laws or regulations? Explain your policies (if applicable) for compliance with this Act. 14. Within the preceding year, has your depository made a loan or loans amounting to at least $250,000 in a low-income census tract within the City of Fresno? 15. Please describe any of the depository’s business development or job creation programs. 16. Is your depository founded and headquartered in any one of the five counties of Fresno, Madera, Tulare, Kings, or Merced? 33 Certification (To be signed by a person authorized by corporate resolution or by similar proceedings to make representations on behalf of the responding institution.) I hereby certify that I have personally read the Investment Policy and Objectives of the City of Fresno for Fiscal Year _________, ending June 30, _________, and have directed staff assigned to the City’s account to do the same. The standards of this Policy will apply to all investments subsequent to its effective date as determined by the Fresno City Council. Furthermore, I agree to personally read any changes or amendments to this Investment Policy which may be submitted by the City. This institution has in place procedures and a system of controls to preclude imprudent investment activities arising out of transactions conducted between our institution and the City of Fresno. All assigned personnel to the City’s account will be routinely informed of the City’s investment objectives, horizon, strategies and risk constraints whenever I am so advised by City personnel. Either I, or an assigned representative, will notify City staff immediately by telephone and in writing in the event of a material adverse change in our financial condition. I pledge to exercise due diligence in informing City staff of all foreseeable risks associated with financial transactions conducted with this institution. I attest to the accuracy of the responses within this questionnaire. Signed: ___________________________ Name: ____________________________________ Title: ______________________________ Date: ______________________________________ Attest: Name: _____________________________________ Title: Date: ______________________________________ 34 APPENDIX B City of Fresno Finance Department 2600 Fresno Street, Room 2156 Fresno, California 93721 (559) 621-7004, fax (559) 488-4636 www.finance@ci.fresno.ca.us BROKER/DEALER REQUEST FOR INFORMATION SECTION 1: STATEMENT OF POSITION AND GENERAL REQUIREMENTS The City of Fresno (hereinafter referred to as the "Government") is a statutory (home rule) Government operating under the laws of the State of California. The Government manages an operational portfolio ranging in size from 250 million to 300 million dollars, which is comprised mainly of U.S. agency obligations, corporate notes, treasury notes, and selected money market instruments. The Government has adopted a written Investment Policy which regulates the standards and procedures used in its cash management activities. A copy of the Investment Policy is attached as an Appendix to this document. The Government maintains relationships with qualified members of the broker/dealer community who, in their opinion, understand the needs, constraints, and goals of the Government. Broker/dealers will be notified of their approval by the Government in writing. No transactions will be conducted with an approved broker/dealer until all paperwork required by both parties has been executed. The Government solicits competitive bids and offers on the majority of its transactions. All securities will be delivered against payment to the third- party custodian named by the Government. Government personnel will review and substantiate all information and references requested in the document; therefore, please answer all questions as thoroughly as possible. SECTION II - PART I: REQUEST FOR GENERAL INFORMATION FROM BROKER/DEALER CANDIDATE 1. Name of Firm 2 Address-Local Headquarters (Provide both street address and/or P.O. Box No., if applicable) 3. Telephone No. Local ( ) (800) Headquarters ( ) 35 4. Contact personnel: (provide as an attachment if more space is required) Name Title Telephone No. Name Title Telephone No. Name Title Telephone No. 4a. Provide background information concerning the account representative listed in No. 4 above. Please include information on the individual's employment history as it relates to the securities industry, official licenses and certificates, the history and details of any disciplinary actions or complaints and the disposition of each as well as the history of any arbitration or litigation, the nature of the case and status or disposition. 5. Please provide the following information regarding at least four comparable clients with whom any of the representatives listed in No. 4 has an established relationship. We would prefer public sector clients in our geographical area, if possible. Client Name Address Person to contact Telephone No. Length of relationship 36 Client Name Address Person to contact Telephone No. Length of relationship Client Name Address Person to contact Telephone No. Length of relationship Client Name Address Person to contact Telephone No. Length of relationship 6. Has/have the representative(s) listed in No. 4 above been authorized by the firm to be account representative(s) for City of Fresno, California? Yes No If yes, by whom? 7. Please list the name of the immediate supervisor of the account representative(s) named in your response to No. 4 above. 37 8. Briefly describe any formal program of supervision of the account representative(s) named in No. 4, if your firm has established such a program. 9. Is the firm either licensed or supervised by the Securities Exchange Commission and the National Association of Securities Dealers? If not, why not? 10. Place an "X" by each regulatory agency that your firm is examined by and/or is subject to its rules and regulations. FDIC SEC NYSE Comptroller of Currency Federal Reserve System Other (example: State Regulatory Agency). Multi-state firms please note: It is not necessary to include regulatory agencies which do not have jurisdiction over your firm's activities in Fresno, California. 11. Have you obtained all required licenses to operate as a broker/dealer in the state of California? Yes No 12. If you are not a Bank, please provide the following information regarding your principal banking relationship. Bank Name Address Person to contact Telephone No. Length of relationship 13. Is the firm a primary dealer in U.S. Government Securities? Yes If so, how many years? No 38 14. Indicate the investment instruments offered regularly by the firm by placing a check- mark next to the type of instrument. Is the firm a primary dealer in U.S. Government Securities? Instrument Types Check if Applicable U.S. Treasuries Government Sponsored Corporations Bankers Acceptances Commercial Paper Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium-term Corporate Notes/Bonds Mutual Fund Shares Asset-Backed Securities 15. Does your firm specialize in any of the instruments listed above? If so, please specify which ones. 16. Has the firm ever been notified in writing by a public-sector client that the firm or a firm representative was in part responsible for a loss on a securities transaction? If so, explain. 17. Has the firm ever been subject to a regulatory or state or federal agency investigation for alleged improper, fraudulent or disreputable activities in connection with a public- sector client? If so, explain. 39 Section II-Part II: Request for Broker/Dealer Candidate Disclosure 18. To the best of your knowledge, has there been any "material" litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that your firm has been subject to within the last five years that involved issues concerning the suitability of the sale or purchase of securities to institutional clients or fraudulent or unfair practices related to the sale of securities to an institutional client? If so, please describe each such matter briefly. For purposes of this section, proceedings are "material" if your independent accountant applying generally accepted accounting principles determines that such proceedings required disclosure on your financial statements. 19. Explain the firm's practices for monitoring credit quality of institutions. Does the firm have internal expertise in this area? 20. What was the firm's capital position as of last fiscal year end? 21. Are there any fees or charges for doing business with your institution? If so, include a complete schedule of fees and charges. 22. Please provide certified audited financial statements for the last three years. In addition, for those dealers preparing and submitting financial statements to the following organizations, please provide publicly available financial documents filed with these agencies for the previous two years: National Association of Securities Dealers Securities and Exchange Commission New York Stock Exchange Federal Deposit Insurance Corp. 40 CERTIFICATION (To be signed by a person authorized by corporate resolution or by similar proceedings to make representations on behalf of the responding institution.) I hereby certify that I have personally read the Investment Policy and Objectives of the City of Fresno for Fiscal Year ____________, ending June 30, ____________, and have directed staff assigned to the City's account to do the same. The standards in this Policy will apply to all investments subsequent to its effective date, as determined by the Fresno City Council. Furthermore, I agree to personally read any changes or amendments to this Investment Policy, which may be submitted by the City. This firm has in place procedures and a system of controls to preclude imprudent investment activities arising out of transactions conducted between our institution and the City of Fresno. All assigned personnel to the City's account will be routinely informed of the City's investment objectives, horizons, strategies and risk constraints whenever I am so advised by City personnel. Either I or an assigned representative will notify City staff immediately by telephone and in writing in the event of a material adverse change in our financial condition. I pledge to exercise due diligence in informing City staff of all foreseeable risks associated with financial transactions conducted with this institution. I attest to the accuracy of the responses within this questionnaire. Signed: Name: Title: Date: Attest: Name: Title: Date: 41 APPENDIX C Glossary of Cash Management Terms The following is a glossary of key investment terms, many of which appear in the City of Fresno Investment Policy. This glossary has been adapted from the Government Finance Officer’s Association (GFOA) sample investment policy. Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency Note (or Federal Agency or United States Government-Sponsored Enterprise) - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). All Available Funds – All monies deposited in the City of Fresno Treasury at any one time, which may be used for operations or are available for investment. The total amount of surplus funds and operating funds which the City of Fresno may legally claim at any one time. Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Banker’s Acceptance - Bill of exchange or time draft drawn on and accepted by a commercial bank. With the credit strength of the bank behind it, the banker’s acceptance usually qualifies as a money market instrument. Barbell – Portfolio management strategy in which funds are concentrated in both short term and long term type of investments, with little to nothing in mid term securities. Designed to provide liquidity while at the same time capturing higher yields from longer term investments. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., “1/4” of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker-Dealer – An investment securities sales firm that has the ability to both arrange for sales of securities, as well as buying securities for its inventory. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be 42 redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Capital – Funds which may be invested in various projects, ventures, or enterprises. Cash Sale/Purchase - A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. CDARS – Certificate of Deposit Account Registry Service is the copyrighted deposit placement service offered through Promontory Interfinancial Network LLC (“Promontory”). Through this service, Promontory attempts to place time deposits (“CDs”) issued by Insured Institutions within the Promontory network in principal amounts that will not exceed the Standard Maximum Insurance Amount (“SMDIA”) for deposits of one depositor at one Insured Institution (currently $100,000). CDARS is a proprietary process owned by Promontory that allocates orders submitted by participating financial institutions on behalf of their depositors on dates (“Order Dates”) specified by Promontory. CDARS Deposit Placement Agreement – Contract between depositor and participating depository financial institution for the placement of time deposits with other participating depository financial institutions by the contracted participating depository financial institution, through Promontory Interfinancial Network LLC (“Promontory”), utilizing Promontory’s Certificate of Deposit Account Registry Service (“CDARS”). Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Collateralized Mortgage Obligation – Mortgage backed bond separating mortgage pools into different maturity classes. Commercial Paper - An unsecured short-term promissory note issued, with maturities ranging from 1 to 270 days, issued by banks, corporations, and other borrowers to investors with temporarily idle cash. Such instruments are unsecured and usually discounted. Consumer Receivable-backed Bond - See Consumer Receivable Pass Through. Consumer Receivable Pass Through – Debt instrument secured by consumer receivables such as credit card receivables. Payments are passed through to the investor direct from the underlying receivable. Convexity - A measure of a bond’s price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond’s price to interest rate changes. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the “interest rate.” 43 Counterparty – Other party to a transaction. Buyers and sellers are counterparties to each other, for example. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security Custodian – Bank or other financial institution having custody or possession of the assets of another business or individual for the purpose of safekeeping. Debt Instrument – Any of a number of obligations to repay funds or monies borrowed, usually with interest. Examples include loans, mortgages, bonds, debentures, and certificates of deposit. Default – Failure to repay a debt obligation. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Discount - The amount by which the par value of a security exceeds the price paid for the security. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Equipment Lease-backed Security – Debt instrument backed by equipment leases. Repayment comes from lease payments by the lessee on equipment leased. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. FDIC – Federal Deposit Insurance Corporation. An agency of the United States Government that insures bank deposits against loss of principal in the accounts of the bank’s depositors, up to a maximum amount of funds deposited per account (currently $100,000). Federal Funds - Fed Funds - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. 44 GASB – Governmental Accounting Standards Board GASB 3 – GASB Pronouncement providing direction and guidance on how a government’s cash and investments are to be presented in the government’s Comprehensive Annual Financial Report. GASB 31 – GASB Pronouncement providing further direction and guidance on how a government’s cash and investments are to be presented in the government’s Comprehensive Annual Financial Report. It requires that the fair value of the government’s investments be presented. GASB 40 – The most recent GASB Pronouncement with respect to a government’s cash and investments. Revises GASB 3 to require additional disclosure of the degree of risk associated with a government’s investment portfolio. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See “Treasury Bills, Notes, and Bonds.” Government Sponsored Enterprise – See Agency Notes. Indenture – Agreement between bondholders, trustee and issuer, in which issuer agrees to repay monies borrowed from bondholders. Specifies how proceeds of bond issue may be used. Insured Institution – Term used to describe a financial institution that is one of the participants in the Promontory Interfinancial Network, LLC. These are banks who agree to accept a time deposit and issue a Certificate of Deposit (“CD”) to a depositor in an account that is insured by the Federal Deposit Insurance Corporation (“FDIC”). The principal, along with aggregated interest in this account, shall not exceed the Standard Maximum Deposit Insurance Amount (“SMDIA”) offered by the FDIC (currently $100,000 per account.) Interest Rate - See “Coupon Rate.” Interest Rate Risk - The risk associated with declines or rises in interest rates which cause in investment in a fixed-income security to increase or decrease in value. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Company Act of 1940 - Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations - An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. 45 Inverse Floaters – Debt securities paying an interest rate that floats inversely with a specified index, such as the T-Bill rate. For example, as the T-Bill rate rises, the Inverse Floater rate will decline. Issuer – An issuer of debt, for example, bonds, is a borrower of funds in the debt markets. Liquidity - An asset that can be converted easily and quickly into cash. Local Agency Investment Fund (LAIF) – Fund managed by the California Treasurer’s Office, offering local agencies the opportunity to invest surplus funds at better than average market rates of return with same-day liquidity. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See “Weighted Average Maturity.” Medium-term Notes - All corporate and depository institution debt securities with a maximum of five years or less remaining to the date of maturity at the time of purchase, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repos and federal funds). Mortgage-derived Interest-only Strips - Derivative investment consisting of a series of interest payments from mortgages. Risky because original investment may or may not be paid back. Mortgage Pass-through security – Security that pays investors everything received. All principal and interest received is passed through to the investor. Mortgage-backed Bond – Bond securitized by mortgages. Issued by FNMA and FHLMC for example. Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund’s holdings, performance, management and general investment policy. 46 3. Have the fund’s investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund’s shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization (SRO) such as the National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus which is updated and filed by the SEC annually. National Association of Securities Dealers (NASD) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Nationally Recognized Statistical Rating Organization (NRSRO) – Commonly known as a “rating agency,” an organization issuing credit ratings or scores with regard to the credit quality of the debt instruments issued by both public and private entities. Best known examples include Moody’s, Standard and Poor’s, and Fitch. Negotiable Certificate of Deposit – Large dollar amount, short-term certificate of deposit issued by large banks and bought mainly by corporations and institutional investors. They are payable to the bearer or to the order of the depositor and, being negotiable, they are traded in an active market and usually have a maturity less than six months. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. (See below.) [(Total assets) - (Liabilities)]/(Number of shares outstanding) Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the “coupon,” “coupon rate,” or “interest rate.” Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the “Ask price.” Operating Funds – Amount of money needed to meet the operating needs of the City on a daily, weekly, monthly or annual basis. This includes the amount of money needed to pay vendors, employees, bondholders, and other creditors. This is the amount of money normally kept in the City’s bank account to pay City obligations. As specified in the Policy, the target amount for this balance is $15,000,000, on any given day. By contrast, see “Surplus Funds.” Par - Face value or principal value of a bond, typically $1,000 per bond. Pay-through Bond – Bond whose cash flow generated by its underlying security is paid through to investors Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. 47 Premium - The amount by which the price paid for a security exceeds the security’s par value. Primary Government Dealer – A well capitalized securities brokerage firm that is required to participate in U.S. Treasury auctions of its debt instruments. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Promontory Interfinancial Network – A private sector firm that places time deposits (“CDs”), with participating Insured Institutions through Promontory’s Certificate of Deposit Account Registry Service (“CDARS”). California Government Code Sections 53601.8 and 53635.8 permit the City to place funds for the purchase of time deposits with Insured Institutions through private sector firms such as Promontory Interfinancal Network. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Range Note – Investment whose coupon payment varies depending on whether the current benchmark falls within a specified range. If it does not, then there is no requirement to pay any interest at all. Range notes have a high coupon as long as a market index remains below a specified level or within a specified range, but a zero percent coupon if it does not. Regular Way Delivery – Securities settlement that calls for delivery and payment on the third business day following the trade date (T+3); payment on a T+1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (repo RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Return on Investment – Interest earnings on other gains as measured a percentage basis with respect to the amount of the investment. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90- day average maturity on investments, to help maintain a constant net asset value of one dollar 48 ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Securities Lending Agreement – Agreement between investors and other owners of securities to lend them to broker-dealers and other institutions for short periods of time, in exchange for a negotiable fee. Safety – An objective of portfolio management. Most often refers to maintenance of principal or the prevention of the loss of capital. Selected depository institution- as defined by California Government Code Sections 53601.8(a) and 53635.8 (a), a nationally or state chartered commercial bank, savings bank, savings and loan association, or credit union within California, that has been contracted by a local agency, to submit local agency funds to a private sector entity that assists in the placement of certificates of deposit (time deposits) with other commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States, for the local agency’s account. The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. SMDIA- Standard Maximum Deposit Insurance Amount. This term is defined by Promontory Interfinancial Network LLC as the current Federal Deposit Insurance Corporation (“FDIC”) limit of $100,000 per account deposited in a bank account and insured by the FDIC against loss of principal. Surplus Funds – As specified in State law, funds which are not required for the immediate needs of the local agency. The City may invest any portion of these funds it deems wise or expedient in investments set forth in this Policy. See III. A. 1.a. (Contrast operating funds.) Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Notes - Intermediate U.S. government debt securities with maturities of one to 10 years and issued in denominations ranging from $1,000 to $1 million or more. Treasury Bonds - Long-term U.S. government debt securities with maturities often years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for 49 such securities is 30 years. Uniform Net Capital Rule - SEC Rule 15C3-1 outlining capital requirements for broker/dealers. Volatility - A degree of fluctuation in the price and valuation of securities. Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. When Issued (WI) - A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued. Yield - The current rate of return on an investment security generally expressed as a percentage of the security’s current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. 50 APPENDIX D INVESTMENT POLICY STATE-FRESNO LIMITS BY INVESTMENT TYPE Authorized Investments Maturity Quality Rating Maximum % Limit Of Portfolio State Maximum % Limit Of Portfolio Fresno Maximum % Limit Of Portfolio Per Single Issuer State Maximum % Limit Of Portfolio Per Single Issuer Fresno Maximum % of Single Issuer's Debt State/Fresno City of Fresno Debt 5 Years N/A 100%100%100%100%100% U.S. Treasuries 5 Years N/A 100%100%100%100%100% California Debt 5 Years N/A 100%100%100%100%100% Other 49 States Debt 5 Years N/A 100%100%100%100%100% Cal Local Agency Debt 5 Years N/A 100%100%100%100%100% GSE Agencies 5 Years N/A 100%70%100%50%100% Banker's Acceptances 180 Days N/A 40%40%30%30%100% Commercial Paper 270 Days A-1/P-1 25%25%25%25%10% Negotiable CDs 5 Years N/A 30%30%30%30%Shareholders Equity Time Deposits 5 Years Collateral 100%100%100%100%Shareholders Equity Shares of Section 6509.7 JPAs N/A N/A 100%100%100%100%100% GC 53601.8 CDs 1 Year Insured 30%30%30%30%Shareholders Equity Repurchase Agmnts 1 Year Collateral 100%100%100%100%100% Reverse Repurchase Agmnts 92 Days N/A 20%20%N/A N/A 100% Securities Lending Agmnts 92 Days N/A 20%20%N/A N/A 100% Medium-Term Notes 5 Years A 30%30%30%20%100% Mutual Funds N/A AAA 20%20%10%10%100% Money Market Funds N/A AAA 20%20%20%20%100% Mortgage/Asset Backed Debt 5 Years AA 20%20%20%20%100% LAIF N/A N/A 100%100%100%100%100% International Bank Recon & Dev 5 Years AA 30%30%30%30%100% International Finance Corp 5 Years AA 30%30%30%30%100% Inter-American Development Bank 5 Years AA 30%30%30%30%100% 51 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-747 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:BRUCE RUDD, City Manager City Manager’s Office BY:MICHAEL LIMA, Controller/Finance Director Finance Department SUBJECT RESOLUTION - Requiring the Deposit of Redevelopment Agency Loan Repayment Funds into the Emergency Reserve until the Emergency Reserve reaches 10% of the Sum of General Fund Appropriations Plus Transfers. RECOMMENDATION Staff recommends that Council approve the accompanying resolution requiring the deposit of Redevelopment Agency loan repayment funds (for loans made from the General Fund to the RDA) into the Emergency Reserve,until the Emergency Reserve reaches 10%of the sum of General Fund appropriations plus transfers. EXECUTIVE SUMMARY Since Fiscal Year 2015, the City has been receiving reimbursement from the Successor Agency to the City of Fresno’s Redevelopment Agency (Successor Agency) for loans made to the City of Fresno’s Redevelopment Agency (RDA) from the City. To date, the City has received $6.1 million of loan repayments. Those monies have been deposited in the City’s Emergency Reserve as part of a plan to increase that reserve to 10% of the sum of General Fund appropriations plus transfers per the requirements of the Reserve Management Act (RMA). The accompanying resolution will commit the City to continue depositing RDA loan repayments into the Emergency Reserve until such time as the Emergency Reserve reaches the 10% threshold specified in the RMA. BACKGROUND In 2011, the State of California passed ABX1 26, which abolished the Redevelopment Agencies within the state. A provision of that legislation made the repayment of loans issued from sponsoring City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-747 Agenda Date:6/23/2016 Agenda #: communities unenforceable. The passage of AB 1484 in 2012 amended ABX1 26 and repealed the prohibition of repayment of loans issued from sponsoring communities, pending approval from the community’s Successor Agency board, its Oversight Board, and the State Department of Finance. In August 2014, the Successor Agency’s board approved the repayment of several loans made by the City to the RDA. This decision was ratified by the Oversight Board in September 2014 and by the State Department of Finance in February 2015. The City received loan repayments in March 2015 and September 2015. The total repaid to the City to date is $6,102,714. At the Mayor and City Manager’s direction as approved by the City Council, the repaid funds have been deposited in the City Emergency Reserve. Under the RMA, the City is required to maintain an emergency reserve equal to 10 % of the sum of General Fund appropriations plus transfers. The repayments, supplemented by contributions from the General Fund, are anticipated to result in a $15.8 million Emergency Reserve by the end of Fiscal Year 2016, which represents about 5% of General Fund appropriations plus transfers. To insure that the Emergency Reserve meets the requirements established under the RMA, the Administration seeks Council approval to require deposit of future RDA loan repayments into the Emergency Reserve until such time as the reserve meets the thresholds specified under the RMA. The City has commitments from the State to provide these loan reimbursements for at least the next five years, at an anticipated amount of $3.5 million per year. Assuming actual repayment receipts are at the anticipated level, the Emergency Reserve should reach its legal threshold in Fiscal Year 2021. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT Approving this Resolution will dedicate to the Emergency Reserve all repayment proceeds for loans issued from the City’s General Fund to the RDA, until such time as the Emergency Reserve equals 10% of the sum of General Fund appropriations and transfers. The amount anticipated to be deposited annually is approximately $3.5 million. Attachment: Resolution authorizing the deposit of RDA loan repayment proceeds into the City’s Emergency Reserve City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-720 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MICHAEL CARBAJAL, Division Manager Department of Public Utilities - Water Division BY:DEJAN PAVIC, P.E. Project Manager Department of Public Utilities - Water Division SUBJECT HEARING to discuss and consider adoption of the 2015 Urban Water Management Plan. a.RESOLUTION - Adopting 2015 Urban Water Management Plan (Citywide). RECOMMENDATION Staff recommends that City Council adopt a Resolution adopting the City's 2015 Urban Water Management Plan (2015 UWMP). EXECUTIVE SUMMARY The City of Fresno (City)currently has over 130,000 active service connections and provided over 133,000 acrefeet of potable water to customers in 2015.The City is required to comply with the requirements of the Urban Water Management Planning Act,established by Assembly Bill 797 (AB797) on September 21, 1983. Adoption of an Urban Water Management Plan is required every five years by the Urban Water Management Planning Act for urban retail water suppliers that directly provide potable municipal water to more than 3,000 end users or that supply more than 3,000 acre-feet of potable water annually at retail for municipal purposes.The proposed 2015 Urban Water Management Plan complies with requirements of the Water Conservation Act of 2009 (Senate Bill x7-7)and the Urban Water Management Planning Act. BACKGROUND City of Fresno Printed on 3/27/2023Page 1 of 3 powered by Legistar™ File #:ID16-720 Agenda Date:6/23/2016 Agenda #: In August 2015,the City entered into an agreement with Provost &Pritchard Consulting Group to develop the City's 2015 UWMP.Urban Water Management Plans (UWMP)are required to be updated and submitted to the State Department of Water Resources (DWR)every five years under the Urban Water Management Planning Act (UWMPA).In November 2009,Senate Bill x7-7 (SBx7-7), the Water Conservation Act of 2009,was signed into law as part of a comprehensive water legislation package.The Water Conservation Act addresses both urban and agricultural water conservation and sets a goal of achieving a 20 percent statewide reduction in urban per capita water use by the year 2020,and directs urban retail water suppliers to establish an interim per capita water use target to be met by 2015 and a final per capita water use target to be met by 2020. In order to fulfill the objectives of the 2035 General Plan and retain a long-term sustainable water supply,the City must fund and implement the Demand Management Measures set forth in the UWMP.In order to balance groundwater usage and fulfill the objectives of the 2035 General Plan,the City must significantly expand and/or construct surface water treatment facilities,groundwater recharge facilities,a recycled water system,and water conservation efforts.In the event that conditions warrant,the City is prepared to implement mandatory prohibitions and water use restrictions as described in the Water Shortage Contingency Plan, a component of the UWMP. The Draft 2015 UWMP was and is available to the public and stakeholders for review and comment. A copy of the Draft 2015 UWMP was placed at City Hall,at the City Clerk’s office and at the Department of Public Utilities office (2600 Fresno Street),the City of Fresno Department of Public Utilities-Water Division office (1910 East University Avenue),and the Fresno County Public Library (2420 Mariposa Street).Additionally,the Draft 2015 UWMP was and is accessible on the City of Fresno website at http://www.fresno.gov/Government/DepartmentDirectory/PublicUtilities/Watermanagement/importantd ocuments.htm <http://www.fresno.gov/Government/DepartmentDirectory/PublicUtilities/Water% 0bmanagement/importantdocuments.htm>. Required legal postings were made on May 11, 2016, and May 18, 2016, respectively. After the end of the 30-day public comment period on June 13, 2016, and prior to the public hearing, the link on the City of Fresno website and the copies of the draft 2015 UWMP at the City Hall will be updated. With the completion of the 2015 UWMP, water supply and demand projections are provided in five- year increments to the year 2040 to provide for a 20+ year planning horizon. Completion of the UWMP fulfills compliance with the UWMPA and enables the City to be eligible for State Water Management grants or loans. The adopted 2015 UWMP will be submitted to DWR and the California State Library. Copies of the 2015 UWMP will be provided to Fresno County and other stakeholders, and will be made available for public access at City offices and on the City's website. ENVIRONMENTAL FINDINGS The UWMP is not a project for the purpose of the California Environmental Quality Act (CEQA), according to California Water Code Section 10652.CEQA does not apply to the preparation and adoption of UWMPs or the implementation of potential actions included in the Water Shortage Contingency Plan. City of Fresno Printed on 3/27/2023Page 2 of 3 powered by Legistar™ File #:ID16-720 Agenda Date:6/23/2016 Agenda #: LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction or services contract. FISCAL IMPACT There will be no impact to the General Fund.Long-term fiscal impacts from the reduction of water consumption will be factored into future rate structuring.The impact of the adoption of the SBx7-7 per -capita water use targets is expected to be a decrease in the percapita water consumption. Attachment: Resolution City of Fresno Printed on 3/27/2023Page 3 of 3 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ADOPT AN UPDATE TO THE URBAN WATER MANAGEMENT PLAN WHEREAS, the Urban Water Management Planning Act, codified at California Water Code Sections 10610, et seq., requires every urban water supplier to prepare and adopt an Urban Water Management Plan and update said plan at least once every five years; and WHEREAS, the City adopted its current Urban Water Management Plan on Novembers, 2012; and WHEREAS, an Urban Water Management Plan is to generally describe: (1) the existing and projected water supply and demand; (2) water conservation measures, including a schedule for implementation and means for evaluating effectiveness; and (3) water supply reliability and water shortage contingency measures over a twenty-year planning horizon; and WHEREAS, as an urban water supplier, the City of Fresno has prepared an update to the Urban Water Management Plan ("UWMP") that complies with the requirements of the Urban Water Management Planning Act; and WHEREAS, the primary goals of the UWMP are to identify a long-term water supply, implement demand management measures and balance the City's groundwater usage (eliminate overdraft) by 2025, and if successful, will constitute a customer-wide reduction of water usage by 20%; and 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: Resolution No. WHEREAS, to achieve the goals Identified by the UWMP the City will significantly reduce its reliability on groundwater requiring the construction of a recycled water system, expansion of the existing surface water treatment facility and construction of an additional facility in southeast Fresno, significant expansion of the groundwater recharge program, and expansion of the existing water conservation program; and WHEREAS, the City Council on November 8, 2012, adopted its 2010 UWMP setting interim and final water use targets which comply with the requirements of the Water Conservation Act of 2009 (Senate Bill x7-7) which was enacted in November 2009 and requires that urban retail water suppliers, such as the City, develop per capita water use targets to be met of 282 gallons per capita per day (gpcd) by 2015 and 250 gpcd by 2020; and WHEREAS, the City of Fresno water customers, in 2015, used approximately 190 gpcd and through the implementation of the Demand Management Measures, it is expected that the water usage will be maintained below approximately 247 gpcd by the year 2020; and WHEREAS, the City consulted with, and requested comments from, regional water related agencies such as the County of Fresno, Fresno Irrigation District, the City of Clovis, Friant Water Users Authority, etc., as required by Water Code Section 10641; and WHEREAS, prior to the public hearing the City made the draft 2015 UWMP available for public inspection and placed copies for public review at the City of Fresno Clerk's office and the City of Fresno Department of Public Utilities office at City Hall, the City of Fresno Public Utilities Department-Water Division office, and the County of 2 of 4 Fresno Main Library, as well as making electronic copies available to agencies and the public, as required by Water Code Section 10642; and WHEREAS, on May 11, 2016, and May 18, 2016, respectively, the City published notices in the Fresno Bee and in the Business Journal that on June 23, 2016, at 10:00 a.m. a public hearing regarding the draft 2015 UWMP would be held in Council Chambers at which public comment on the plan would be received, as required by Water Code Section 10642; and WHEREAS, on June 23, 2016, at 10:00 a.m. the public hearing was conducted in Council Chambers at which the public was provided the opportunity to comment on the 2015 UWMP. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City hereby updates the Urban Water Management Plan and adopts the 2015 Urban Water Management Plan. 2. The City Manager is hereby authorized and directed to file the City of Fresno 2015 Urban Water Management Plan with the California Department of Water Resources, the California State Library, and the County of Fresno within 30 days after adoption. 3. The Mayor or the City Manager is hereby authorized to declare the appropriate drought stages outlined in the Water Shortage Contingency Plan section of the 2015 Urban Water Management Plan. **************** 3 of 4 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the forgoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2016. AYES NOES ABSENT ABSTAIN Mayor Approval: ,2016 Mayor Approval/No Return: ,2016 Mayor Veto: ,2016 Council Override Vote: , 2016 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Brandon M. Collet Date Deputy 4 of 4 City of Fresno 2015 Urban Water Management Plan June 23, 2016 Presentation to Fresno City Council and Public Hearing Presentation Outline •Overview of Urban Water Management Planning Act Requirements •Components of the City’s 2015 UWMP •Actions Completed to Date •Next Steps What is an Urban Water Management Plan (UWMP)? •Long-range water planning document •Planning tool to ensure adequate availability and reliability of water supplies to meet current and future demands •Serves as a foundational document for Water Supply Assessments (as required by SB610 and SB221) Why is An UWMP Update Required? •Urban Water Management Planning Act (AB 797) (Water Code Sections 10610-10656) –Applies to Urban Water Suppliers directly or indirectly serving more than 3,000 customers or more than 3,000 AFY of supply –Required to be updated every 5 years –Required to remain eligible for State grants and loans •The City of Fresno is an “Urban Water Supplier” –Currently serves approximately 133,000 connections –Provided about 111,000 acre-feet of water for municipal purposes in 2015 –City’s last UWMP was adopted in November 2012 New Requirements for 2015 UWMPs •Requires “retail” urban water suppliers (e.g. the City) to verify that the prior adopted 2015 water use target was met. •Provides retail urban water suppliers an opportunity to revise 2020 water use target. •Requires a plan to qualify and report on distribution system water losses. •Requires each urban water supplier to submit its 2015 plan to DWR by July 1, 2016 Key Components of the City’s 2015 UWMP •Water Demand Projections incorporating SBx7-7 per capita water use targets •Water Supply Availability and Reliability (USBR, FID, recycled water, and local groundwater supplies) •Supply and Demand Comparison to identify any potential supply shortfalls •Water Shortage Contingency Plan to be implemented in the event of a water shortage or other water supply emergency •Demand Management and Water Conservation Measures to reduce water use and help comply with SBx7—7 requirements Per Capita Water Use Targets Projected Water Demands Projected Water Supplies •Proposed expansion of treatment capacity •Decreased reliance on groundwater •Sustainable groundwater operations •Use of recycled water to offset potable water demands Projected Supply vs. Demand Water Shortage Contingency Plan •Response to sustained droughts and emergency events •Four-stage water use reduction plan •Triggers based on water supply availability and reliability WATER SHORTAGE CONTINGENCY PLAN Stage 1 – 10% Reduction Voluntary Restrictions Stage 2 – 25% Reduction Mandatory Restrictions Stage 3 – 35% Reduction Mandatory Restrictions Stage 4 – 50% Reduction Mandatory Restrictions Water Conservation & Demand Management •Residential Water Metering Program –More than 111,850 meters have been installed –All customers have been billed volumetrically since 2013 •Water Conservation Best Management Practices (BMPs) –Residential water surveys –Rebate Programs –Public and school education programs Actions Completed to Date •Urban Water Management Planning Act: –Provided 60-day notice to Fresno County and other stakeholders (November 15, 2015) –Prepared Draft UWMP (May 2016) –Provided copies of Draft UWMP at City Hall, City Utilities Department Water Division office, Fresno County Public Library and on the City’s websites for public review (May 11, 2016) –Published notice of public hearing in The Fresno Bee & The Business Journal (May 11th and 18th) Proposed Action Items for Today •Conduct public Hearing for 2015 Draft UWMP •Consider adoption of the 2015 UWMP Upon Adoption of the 2015 UWMP… •Submit Final 2015 UWMP to DWR and the California State Library –Any subsequent comments received from DWR will be addressed as needed •Submit Final 2015 UWMP to… •Fresno County, FID, City of Clovis, USBR, Bakman Water District, Pinedale County Water District, and others. •Provide Copies of the Final 2015 UWMP for public reference –Department of Public Utilities Water Division office –Fresno County Public Library –City Website (www.fresnowater.gov/Government/Department Directory/PublicUtilities/Watermanagement/importantdocument s.htm) QUESTIONS OPENPUBLIC HEARING City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-753 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 SUBJECT Appearance by Mary Esther Correa to discuss Code Enforcement fining her for several years. Attachment: City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ REQUEST TO APPEAR BEFORE THE FRESNO CITY COUNCIL 'rir"ll lll\l¿Ulû ùL::'J -' rì ì'\1tJ,l I i,íi I 1g l--¡ËCl-i1-! rr,'l ri.LJt,(- i!. On April L, 1980, the Fresno City Council adopted a policy relating to procedures to be used for those persons wishing to appear before the Fresno City Council, as follows: SCHEDULED ORAL COMMUNICATIONS - APPEARANCES ON PRINTED AGENDA ln order to be placed on the agenda for a scheduled time, complete and submit the form below. State the topic to be discussed and provide any supporting material, if any. Also state the action you want the City Council to take, Your request will be referred to the City Manager and placed on the agenda no sooner than ten (10) days after receipt of your written letter in order to provide an opportunity for City staff to prepare comments for Council consideration. The policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. The City Clerk shall provide copies of your request to the Fresno City Council. U NSCHEDULED ORAL COMM UNICATIONS You may address the City Council at the conclusion of the Council meeting and the policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. Please be present at the conclusion of the Council meeting if you wish to be heard. REQUEST TO APPEAR BEFORE THE FRESNO CITY COUNCIL Name Telephone No Address Topic: Òrt-Þ. S;.^ J uue 15- Qfesq1-' t*r/r¡ ¡ K:\Request to Appear.docx L^r\?? l uTtuÏlEs 8llL|NG & COILECT|ON DlVtStoN 26fn FRESNO ST. FRES]úO CA 93721 ACCOUNT NUMBER: ¡CI r--) Ç:l O) ADDRESS: NAME OF CÂllER: Marv E. C¡rrea DATE NOTCE RECEIVED:June 07, 2016 ARRANGEMENTS: 7A3,L lf your payment is mailed rather than brought into the o'ffice and it doesn,t rcach Fa¡lure to maintaln due date vr¡ids the olan and wlll in fu ll for u,"ter restoratir¡n. lf Payment Plan ls completed on üme accordingto tñatattaúfi€d sctredule afte¡tlefinal paymentof $74.0f1 due on October2g,2}t7, Gustomef ftr amor¡nts lkted as Reverse Amounts to be removed fiom acÉpunt balance. sftr. Fallure to keep plan rolds reversal o'f'Þr. Customer Signature StaffSignature + ':îLjÎ euÎlîilT Tl:.!- Pil_13- î: PÁ"!tD CI$ î?ii= ri:[ AlD1:=1î,1TT3 -i.:15 ¡nÐ/ìr.lnrr,r=1r- pymglnfrm./nac.rls City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-757 Agenda Date:6/23/2016 Agenda #: CITY COUNCIL REPORT WORKSHOP - Regarding update on High Speed Rail City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-758 Agenda Date:6/23/2016 Agenda #: CEREMONIAL PRESENTATION Recognition of Police Detective Brian Hance City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-767 Agenda Date:6/23/2016 Agenda #: CEREMONIAL PRESENTATION Special Recognition and Presentation of the Freedom School and it’s attendees: Evron Burton, Earl D. White III, Jadora J. White, Dwight Samuel, Floyd D. Harris III, Freddy Dayvon, Freddie Dayshon Standifer, Anthany Rogers, Elijah Mc Fall City of Fresno Printed on 3/27/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID16-740 Agenda Date:6/23/2016 Agenda #: REPORT TO THE CITY COUNCIL June 23, 2016 FROM:PAUL CAPRIOGLIO, Council President City Council Offices BY:YVONNE SPENCE, City Clerk, CMC City Clerk’s Office SUBJECT Council Boards and Commissions Communications,Reports,Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1.Council of Governments -Swearengin-Ex-Officio (Olivier-Alternate) 2.Finance and Audit Committee -Brand, Olivier, Brandau 3.Fresno Area Workforce Investment Corporation -Baines 4.Fresno County Transportation Authority (FCTA) -Swearengin, Brandau 5.Fresno Regional Workforce Investment Board -Baines, Renena Smith 6.Fresno County Zoo Authority -Swearengin (Baines-Alternate) 7.Fresno Madera Area Agency on Aging Board -Olivier 8.Joint Powers Financing Authority -Baines, Brandau, Swearengin 9.San Joaquin River Conservancy Board -Swearengin (Brandau-Alternate) 10.Association for the Beautification of Highway 99 -Baines 11.Upper Kings Basin Integrated Regional Water Management JPA -Brandau (Soria, Georgeanne White and Thomas Esqueda - Alternates) 12.Economic Development Corporation Serving Fresno County -Brandau-Ex-Officio,City Manager Bruce Rudd and (Baines - Alternate) 13.League of California Cities (Annual Meeting) -Swearengin (Olivier-Alternate) 14.San Joaquin Valley Air Pollution Control District - Baines 15.Litigation Exposure Reduction Ad Hoc Committee -Brandau, Caprioglio 16.Convention Center Oversight Advisory Board -Baines,(Brand-Alternate),City Manager, SMG General Manager and one representative from each of SMG’s organizations 17.Sub- Committee on Transportation - Baines, Caprioglio, Soria 18.Code Enforcement Sub-Committee - Baines, Olivier, and Caprioglio 19.Enterprise and Construction Management Oversight Board - Councilmember Soria 20.Fresno- Clovis Metropolitan Solid Waste Commission- JPA -Brandau, Soria, Caprioglio City of Fresno Printed on 3/27/2023Page 1 of 2 powered by Legistar™ File #:ID16-740 Agenda Date:6/23/2016 Agenda #: 21.School Liaison Sub-Committee -Soria - Chair, Olivier, Baines City of Fresno Printed on 3/27/2023Page 2 of 2 powered by Legistar™