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2023-05-11 Council Agenda Packet
Thursday, May 11, 2023 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers (In Person and/or Electronic) City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Meeting Agenda - Final Regular Meeting 05/11/2023 MA/AP 7-0 AS AMENDED May 11, 2023City Council Meeting Agenda - Final THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways: 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 a) To speak during a City Council meeting in person: fill out a speaker card (available in the Council Chamber) and place it in the speaker card collection basket at the front of the Council Chamber. You may also approach the speaker podium upon the Council President’s call for public comment. 2) Participate Remotely via Zoom: https://fresno-gov.zoom.us/webinar/register/WN_FUqDf6wTRsuxeUEo14XBEA a) The above link will allow you to register in advance for remote participation in the meeting via the Zoom platform. After registering, you will receive a confirmation email containing additional details about joining the meeting. b) To speak during a City Council meeting while attending remotely: while in the Zoom application, click on the icon labeled “Participants” at the bottom of the screen. Then select “RaiseHand” at the bottom of the Participants window. Your digital hand will now be raised. You will be asked to “unmute” when your name is called to speak. You will not be visible via video and there will be no opportunity to share your screen. All public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of the Rules of Procedure for the City Council of the City of Fresno (available in the City Clerk’s Office). SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the Rules of Procedure, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard. Documents / written comments related to an agenda item can be submitted by one of the following methods: 1) eComment – eComment allows the public to submit agenda related comments through a website prior to the meeting. Submitted comments are limited to 1440 characters and will be a part of the official record. Page 2 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and selecting the “eComment” link. b) e-Comment is available for use upon publication of the agenda and closes 24 hours prior to the meeting start time [pursuant to Rule 11(c)]. c) e-Comment is not permitted for Land use or CEQA items d) The e-Comment Electronic User Agreement can be viewed at: https://www.fresno.gov/cityclerk/ 2) E-mail – Agenda related documents and comments can be e-mailed to the Office of the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule 11(c). a) E-mail the Clerk’s Office at clerk@fresno.gov b) E-mails should include the agenda date, and the related agenda item number. VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live: 1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress” to view the live meeting). 2) Community Media Access Collaborative website: https://cmac.tv/ 3) YouTube - City of Fresno Council, Boards and Commissions Channel: https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos 4) Facebook: https://www.facebook.com/FresnoCA/videos 5) Cable Television: Comcast Channel 96 and AT&T Channel 99 Should any of the five viewing methods listed above experience technical difficulties, the Council meeting will continue uninterrupted. Council meetings will only be paused to address verifiable technical difficulties for all users participating via Zoom or in the Council Chamber. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). Anyone requiring reasonable ADA accommodations, including sign language interpreters, or other reasonable accommodations such as language translation, should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To help ensure availability of these services, you are advised to make your request a minimum of three business days prior to the scheduled meeting. Page 3 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation by Pastor D.J. Criner Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation for “Jewish American Heritage Month”ID 23-450 Sponsors:Office of Mayor & City Manager, Councilmember Bredefeld, Councilmember Chavez and Councilmember Karbassi Proclamation for “Honoring Tourism Month”ID 23-504 Sponsors:Office of Mayor & City Manager Proclamation for “Historic Preservation Month”ID 23-627 Sponsors:Office of Mayor & City Manager and Councilmember Arias Proclamation for “Anna Hun Day”ID 23-581 Sponsors:Council President Maxwell COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 1. CONSENT CALENDAR Approval of Minutes for April 20, 2023, and April 27, 2023, Regular Meeting and April 27, 2023, Special Meeting. ID 23-7281.-A. Sponsors:Office of the City Clerk Page 4 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final ***RESOLUTION - 44th Amendment to the Annual Appropriations Resolution (AAR) No. 2022-154 to Reappropriate $70,000 from the City Attorney/Code Department to the City Council Department (Requires 5 Affirmative Votes)(Subject to the Mayor’s Veto) ID 23-7321.-B. Sponsors:City Attorney's Office Actions related to the Lease Agreement with New Vision Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization, that runs a training center for careers in aviation for residents and youth from disadvantaged communities at Fresno Chandler Executive Airport (FCH). (Council District 3) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines. 2. Approve the Lease Agreement (Lease) with New Vision Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization, to continue operating a training center for careers in aviation for residents and youth from disadvantaged communities at FCH for a term of three (3) years. The amount of potential revenue generated by this Lease is $27,000.00, annually. Total anticipated revenue during the full term of the contract is approximately $81,000 plus annual CPI adjustments. (Council District 3) ID 23-6931.-C. Sponsors:Airports Department Approve a cooperative purchase agreement with Braun Northwest, Inc. of Chehalis, Washington, for the purchase of one NorthStar 267-5 mobile command vehicle in the amount of $444,740 for the Fresno Police Department to manage responses to emergency scenes and provide de-escalation support during critical incidents ID 23-7071.-D. Sponsors:General Services Department and Police Department ***RESOLUTION - Approving the reallocation of $500,000 from the Fleet Operations Fund contingency to pay fuel expenses (Subject to Mayor’s Veto) ID 23-7161.-E. Sponsors:General Services Department Page 5 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Approve an Addendum to Order #419913 with Zencity Technologies US, Inc., in the amount of $217,500 for three years with three annual payments of $75,000 for data gathering and analytics, and authorize the Chief Information Officer, or designee, to sign and execute all related documents. ID 23-6961.-F. Sponsors:Information Services Department Approval of a Consultant Services Agreement in an amount not to exceed $97,500 with Moss Adams, LLP for a user fee study in accordance with the Mitigation Fee Act. ID 23-5551.-G. Sponsors:Planning and Development Department Approve an agreement with Poverello House to operate the Clarion Pointe as a low-barrier emergency homeless shelter and bridge housing site in the total amount of $2,799,997.48. ID 23-6301.-H. Sponsors:Planning and Development Department Approve an Agreement with Housing Authority of the City of Fresno to operate Journey Home emergency shelter in the total amount of $2,200,075 in Homeless Housing, Assistance, and Prevention funds (HHAP). ID 23-6321.-I. Sponsors:Planning and Development Department Approve a $3,000,000 Local Housing Trust Fund Agreement with Avalon Commons Phase II, LP, for the proposed Avalon Commons Phase II project located at 7521 North Chestnut Avenue in northeast Fresno (District 6). ID 23-6501.-J. Sponsors:Planning and Development Department Approve a $1.5 million Permanent Local Housing Allocation Agreement with Broadway Plaza Family Apartments, LP for its Hotel Fresno Apartments currently underway and located at 1241-1263 Broadway Plaza in downtown Fresno ID 23-6791.-K. Sponsors:Planning and Development Department Page 6 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Actions pertaining to the City of Fresno Local Housing Trust Fund: ***RESOLUTION - Authorizing and directing submission of an application for funding under the State of California Local Housing Trust Fund Grant program to provide matching funds to the City of Fresno Local Housing Trust Fund (Subject to Mayor’s veto) ID 23-7001.-L. Sponsors:Planning and Development Department Approve the renewal of the Fresno Police Department Annual Military Equipment Use Report as originally required by Assembly Bill 481, codified under Government Codes § 7070-7075 ID 23-6161.-M. Sponsors:Police Department Approve the First Amendment to a three-year On-Call Land Surveying Services Agreement with Blair, Church & Flynn Consulting Engineers, Inc. to increase the contract amount by $250,000 for a total amended contract amount of $550,000, to provide land surveying services to facilitate Citywide infrastructure projects (Citywide) ID 23-4571.-N. Sponsors:Public Works Department Approve an agreement for professional engineering services with Provost & Pritchard, Inc. for $110,500, with a $10,000 contingency, for design and construction support services for the Manchester Splash Pad Project (Council District 7) ID 23-6901.-O. Sponsors:Public Works Department, Parks, After School and Recreation and Community Services Department Actions pertaining to the Cedar Avenue and Teague Avenue Intersection Improvements Project - Bid File 12301630 (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - 40th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $425,000 for the Cedar Avenue and Teague Avenue ID 23-6911.-P. Page 7 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Intersection Improvements project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. Award a construction contract in the amount of $828,450 to Avison Construction, Inc., of Madera, California Sponsors:Public Works Department Actions pertaining to the Bus Rapid Transit (BRT) Corridor Pedestrian Improvements Project - Bid File 12301743 (Citywide) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1, Section 15302/Class 2, and Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - 41st Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $200,300 for the BRT Corridor Pedestrian Improvements project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. Award a construction contract in the amount of $1,469,097 to Pelagic Engineering, of Oxnard, California ID 23-6921.-Q. Sponsors:Public Works Department Reject all bids for the John Muir Elementary Safe Routes Project - Bid File 12301163 (Council District 3) ID 23-6941.-R. Sponsors:Public Works Department Award a construction contract in the amount of $2,168,547.75 to A-C Electric Company, of Fresno, California for the Fresno Street Corridor Project - Bid File 12301137 (Council Districts 3, 4, 6, and 7) ID 23-6951.-S. Sponsors:Public Works Department RESOLUTION - Of Intention to Annex Final Tract Map No. 6276 as Annexation No. 144 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, June 22, 2023, at 10:00 am (located on the northwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) ID 23-6971.-T. Page 8 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Sponsors:Public Works Department Approve Amendment No. 2 to the Measure C Agreement with the Fresno County Transportation Authority, to allocate the Construction funding for the widening of the Herndon Avenue/Burlington Northern Sante Fe (BNSF) overpass between Polk Avenue and Milburn Avenue (Urban Project, K-11), in the amount of $17,022,000.00 (Council District 2) ID 23-7041.-U. Sponsors:Public Works Department Approve a consultant agreement with Baker Tilly US, LLP in the amount of $256,443, plus a not-to-exceed contingency amount of $10,000, to provide consulting services on development of an assessment - along with recommendations for options - to improve the services and affordability of electricity in the City of Fresno; authorize the City Manager or designee to execute all related documents. (Citywide) ID 23-7091.-V. Sponsors:Office of Mayor & City Manager, Public Works Department, Council President Maxwell, Councilmember Chavez and Councilmember Bredefeld Reject all bids for the Fresno Street and Browning Avenue Intersection Improvements Project - Bid File 12301325 (Council District 4) ID 23-7141.-W. Sponsors:Public Works Department Award a consultant services agreement to --Blair, Church & Flynn Consulting Engineers, Inc., in the amount not to exceed $207,683, inclusive of a $18,789 contingency, for the design, bidding support, and construction support services for the Water Main Replacements in the area bound by Clinton, Teilman, University, and West Avenues (Bid File 12302048) (Council District 1). ID 23-7051.-X. Sponsors:Department of Public Utilities Page 9 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Award a Product Requirements Contract in the annual amount of $1,184,975.19, for three-years with provisions for two one-year extensions, for bulk sodium hydroxide to Univar USA, Inc, (Bid File 12301172) (Citywide) ID 23-7081.-Y. Sponsors:Department of Public Utilities Approve the award of a purchase contract to New Flyer of America Inc. for Two (2) 40’ Hydrogen Fuel Cell Electric Buses in the amount of $2,882,919.01 ID 23-6531.-Z. Sponsors:Department of Transportation ***RESOLUTION - Adopting a pilot program to incentivize job creation within portions of the Tower District located within Districts 1 and 3 and the portion of the area west of Highway 99 between Clinton Avenue and Shaw Avenue located within District 1. (Subject to Mayor’s Veto) ID 23-7251. -AA. Sponsors:Vice President Perea and Councilmember Arias ***Bill B-12 (Intro’d 4/27/2023)(For Adoption) - Amending Chapter 9, Article 26 of the Fresno Municipal Code to add Section 9-2610, “Sideshows, Street Races, and Reckless Driving Exhibitions,” prohibiting the knowing participation as a driver, passenger, or spectator in sideshows, street races, or reckless driving exhibitions. (Subject to Mayor’s Veto) ID 23-7271. -BB. Sponsors:Councilmember Bredefeld and Vice President Perea Actions pertaining to the 2023/2024 Women’s Recovery Response Grant 1.***Authorize the City Manager to accept $100,000 in grant funding for the 2023/2024 Women’s Recovery Response grant awarded to the City of Fresno Women’s Commission from the California Commission on the Status of Women and Girls (CCSWG) through the State of California (Subject to Mayor’s veto) 2.Authorize the City Manager or her designee to execute the agreement, extensions, and all related documentation applicable to the 2023/2024 Women’s Recovery Response grant 3.***RESOLUTION - Adopt the 43rd Amendment to the ID 23-7341. -CC. Page 10 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $100,000 for the Fresno Women’s Commission Women’s Recovery Response grant (Requires 5 Affirmative Votes) (subject to Mayor’s Veto) Sponsors:Councilmember Esparza ***RESOLUTION - Conduct a Traffic Safety Assessment on Running Red Lights and Accidents to Address the Top 10 Intersections with Red-Light Runners in Honor of Amaya Suni Chenot (Subject to Mayor’s Veto) ID 23-7591. -DD. Sponsors:Councilmember Karbassi CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. Consideration of Plan Amendment and Rezone Application No. P22-01086, Development Permit Application No. P21-06232, and related Environmental Assessment No. P22-01086/P21-06232 pertaining to ±2.20 acres of property located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues (Council District 6) - Planning & Development Department. 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-01086/P21-06232, dated March 28, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA). 2. RESOLUTION - approving Plan Amendment Application No. P22-01086, requesting authorization to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject ± 2.20 acre property from Residential - Medium Low Density to Residential - Medium High Density. 3. BILL - (For introduction and adoption) Rezone Application No. P22-01086, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the ±2.20 acre subject property from the from RS-4/UGM (Residential Single Family, Medium Low Density/Urban Growth ID 23-643 Page 11 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Management Area) to RM-1/UGM (Residential Multi-family - Medium High Density/Urban Growth Management Area) zone district in accordance with the Plan Amendment Application. 4. APPROVE - Development Permit Application No. P21- 06232, requesting authorization to construct a 32 unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069 square-foot leasing and managers office on a vacant parcel, subject to compliance with the Conditions of Approval dated April 5, 2023. Sponsors:Planning and Development Department 10:05 A.M. Appearance by Derek Cahill to discuss potholes and the surrounding streets negatively affecting business and local communities at large. (District 1 Resident) ID 23-717 Sponsors:Office of the City Clerk 10:08 A.M. Appearance by Mary Padilla to discuss who are we representing. (District 2 Resident) ID 23-718 Sponsors:Office of the City Clerk 10:11 A.M. Appearance by Shirley Jackson to discuss homelessness. (District 2 Resident) ID 23-719 Sponsors:Office of the City Clerk 10:14 A.M. Appearance by Jorge Zavala to discuss interference and damages with DBE Contract. (District 4 Resident) ID 23-720 Sponsors:Office of the City Clerk Page 12 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final 3. GENERAL ADMINISTRATION WORKSHOP - Annual Review of the Community Workforce Agreement (Project Labor Agreement) ID 23-7263.-A. Sponsors:Public Works Department WORKSHOP - On Status of Negotiations Concerning Cleaner and Greener Neighborhood Industry Overlay District and Elm Avenue ID 23-7453.-B. Sponsors:Councilmember Arias 4. CITY COUNCIL 5. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case ID 23-7215.-A. Sponsors:Office of Mayor & City Manager CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety ID 23-7435.-B. Page 13 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final Officers (FAPSO) Sponsors:Office of Mayor & City Manager PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Clerk ID 23-7225.-C. Sponsors:Council President Maxwell PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney ID 23-7245.-D. Sponsors:Council President Maxwell ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS MAY 25, 2023 10:00 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 18, Annexation No. 002 (T6212, located at the southwest corner of North Parc West Drive and North Grantland Avenue; T6276, located on the northwest corner of North Parc West Drive and North Grantland Avenue; T6350, located on the northeast corner of North Parc West Drive and West Holland Avenue) (Council District 1) MAY 25, 2023 10:05 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 142 (Final Tract Map No. 6350) (located on the northwest corner Page 14 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final or North Parc West Drive and West Holland Avenue) (Council District 1) MAY 25, 2023 10:10 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 143 (Final Tract Map No. 6370) (located on the west side of North Chestnut Avenue and East Powers Avenue) (Council District 6) JUNE 22, 2023 10:00 A.M. -HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 144 (Final Tract Map No. 6276) (located on the northwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) JUNE 29, 2023 10:00 A.M.-HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 145 (Final Tract Map No. 6283) (located on the southeast corner of North Fowler Avenue and East Dakota Avenue) (Council District 4) JUNE 29, 2023 10:05 A.M. - HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) UPCOMING EMPLOYEE CEREMONIES EMPLOYEE OF THE QUARTER - 9:00 A.M. • July 19, 2023 (Wednesday) - Employee of the Summer Quarter • October 18, 2023 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M. • May 26, 2023 (Friday) - Employee Service Awards • November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE May 18, 2023 - NO MEETING May 25, 2023 - 9:00 A.M. Page 15 City of Fresno ***Subject to Mayoral Veto May 11, 2023City Council Meeting Agenda - Final June 01, 2023 - NO MEETING June 05, 2023 - Budget Hearings June 05, 2023 - Budget Hearings June 07, 2023 - Budget Hearings June 08, 2023 - 9:00 A.M./Budget Hearings June 14, 2023 - Vote on Motions June 15, 2023 - 9:00 A.M. June 22, 2023 - 9:00 A.M./Final Budget Vote June 29, 2023 - 9:00 A.M./Reserved for Final Budget Vote Page 16 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-450 Agenda Date:5/11/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Jewish American Heritage Month” See attachment City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 PRESENTED CITY OF FRESNO Office of Mayor Jerry P. Dyer _____ _________________________________ ________________________________ LEE BR JERRY P. DYER, Honorable Mayor TYLER MAXWELL, Council President ____ _________________________________ ESMER ANNALISA PEREA, Vice President MIKE KARBASSI, Councilmember District 2 _____ _________________________________ PAUL C MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5 _____ _________________________________ GARRY GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Council District 7 WHEREAS, since their 16th Century arrival in what was then Colonial America, Jewish immigrants have played a central role in the United States of America’s creation, growth, freedom, prosperity, and strength; and WHEREAS, the biblical and contemporary history of the Jewish people and the enduring values of the Jewish faith were vital sources of inspiration for the founding of the United States, the Civil Rights movement, America’s global leadership in the cause of freedom, Americans’ commitment to social justice, and many of our Country’s most central tenets; and WHEREAS, as with the nation, Jews have long been a part of Fresno’s rich history. B'nai B'rith, the Jewish service organization, established a cemetery more than a century ago before eventually turning it over to Temple Beth Israel, which was founded around 1919. Fresno’s Jewish population is today a central part of the City’s civic life, serving as business owners, judges, attorneys, and other prominent positions; and WHEREAS, the Jewish community has helped to define the nation’s character and values through core beliefs such as the creation of man in the image of God, the infinite value of every human life, the need for a weekly Sabbath, and the importance of education in the lives of children; and WHEREAS, The State of Israel is now celebrating the 75th anniversary of its modern founding and its emergence over the last few decades as a beacon of prosperity and a world leader in technology, agriculture, water conservation, medicine, and all manner of innovation; and WHEREAS, for 42 years, every U.S. president has declared a period for celebrating the Jewish community’s contributions to the nation’s history, heritage, and culture. Since 2006, the month of May has been declared Jewish American Heritage Month, pursuant to a bipartisan resolution of Congress . NOW, THEREFORE BE IT RESOLVED, that we, Mayor Jerry Dyer and Members of the Fresno City Council, do hereby proclaim May 2023 to be: “Jewish American Heritage Month” In the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 11th day of May 2023. Honoring Jewish American Heritage Month City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-504 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JERRY DYER, Mayor Office of the Mayor & City Manager SUBJECT Proclamation for “Honoring Tourism Month” RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] 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 [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment: [If more than one, pluralize] City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 PRESENTED CITY OF FRESNO Office of Mayor Jerry P. Dyer _____ _________________________________ ________________________________ LEE BR JERRY P. DYER, Honorable Mayor TYLER MAXWELL, Council President ____ _________________________________ ESMER ANNALISA PEREA, Vice President MIKE KARBASSI, Councilmember District 2 _____ _________________________________ PAUL C MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5 _____ _________________________________ GARRY GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Council District 7 WHEREAS, travel and tourism is a vital industry that is an essential part of Fresno’s economy; and WHEREAS, Fresno has the second strongest post pandemic economic recovery in the Nation, and has been recognized among the Nation's top 10 most improved cities in economic productivity growth; and WHEREAS, in 2022, visitors to Fresno County spent $1.3 billion, a 31.4 percent increase over 2021. The influx of travel added approximately 15,000 jobs to the region, supporting businesses and adding vital tax revenue that helps provide essential services such as public safety, economic development, parks, and public works improvements; and WHEREAS, the promotion of travel and tourism in Fresno supports small businesses by helping to generate revenue, customers, and local jobs, as well as promoting local culture; and WHEREAS, Fresno’s economic recovery is supported by the return of leisure, business and international inbound travelers; increasing travel to and within the Fresno region helps create a more prosperous future; and WHEREAS, the Fresno Yosemite International Airport has realized a 122% increase compared to pre - pandemic travel and is investing in terminal expansions that will triple international flights; and WHEREAS, the travel and tourism industry’s success will continue to contribute to the growth of Fresno’s economy and workforce. NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and Members of the Fresno City Council, do hereby proclaim May to be: “National Travel and Tourism Month” In the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 11th day of May 2023. In Recognition of National Travel & Tourism Month City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-627 Agenda Date:5/11/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Historic Preservation Month” City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 05/11/2023 PRESENTED WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve and protect the heritage that has shaped us as a people; and WHEREAS, we honor the residents and business owners who understand the economic, educational, and environmental benefits of "Saving Places" in Fresno. Aside from serving as an economic engine for our communities, their work also enhances community vibrancy, fosters a sense of pride and identity among our residents, all while telling our stories; and WHEREAS, we recognize the tireless work of the Historic Preservation Commission, the Fresno City and County Historical Society, Heritage Fresno, Vintage Fresno, Historic Fresno, Chinatown Fresno Foundation, the Big Fresno Fair, and the Downtown Fresno Partnership in researching, registering, protecting, and promoting Fresno's many historic resources; and WHEREAS, in the City of Fresno, there are over 300 properties on the Local Register of Historic Places, 25 properties listed on the National Register of Historic Places (the U.S.' highest recognition), 25 properties listed as Heritage Properties, 4 registered Historic Districts, 230 properties that contribute to a Historic District, 26 Proposed Historic Districts, and 30 properties that participate in the City's Mill's Act Economic Incentive Program; and WHEREAS, designating May as Fresno Historic Preservation Month provides an opportunity to celebrate our rich cultural heritage and appreciate the unique historical significance of our city. Fresno Historic Preservation Month – a celebration of people saving places, serves as a reminder to honor our past in order to build a healthy future. NOW, THEREFORE, BE IT RESOLVED, that we, Mayor Dyer, Councilmember Miguel Arias, and the Fresno City Council do hereby proclaim the month of May as: “Fresno Historic Preservation Month” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Great Seal of the City of Fresno, California, this 11th day of May 2023. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-581 Agenda Date:5/11/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Anna Hun Day” City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 PRESENTED CITY OF FRESNO ____________________________________________ __________________________________________ JERRY P. DYER, Honorable Mayor TYLER MAXWELL, Council President _____________________________________________ __________________________________________ ANNALISA PEREA, Council Vice President MIKE KARBASSI, Councilmember, District 2 _____________________________________________ __________________________________________ MIGUEL ARIAS, Councilmember, District 3 LUIS CHAVEZ, Councilmember, District 5 _____________________________________________ __________________________________________ GARRY BREDEFELD, Councilmember, District 6 NELSON ESPARZA, Councilmember, District 7 Office of Council President Tyler Maxwell Hereby Recognizes: Anna Hun WHEREAS, Anna Hun is a graduating senior in the Certified Nursing Assistant Pathway of Duncan Polytechnical High School’s Class of 2023 and will be attending Stanford University in the Fall to major in Human Biology; and WHEREAS, Anna has been involved in Duncan’s Associated Student Body throughout her time at the school and currently serves as the student body President; and WHEREAS, Anna has taken on a number of leadership roles while she has been a Duncan High School student that includes positions in the Air Force JROTC, the California Association of Student Leaders, and as the District 4 Youth Commissioner within the City of Fresno; and WHEREAS, beginning as a board member in her sophomore year, Anna now serves as the CEO for the nonprofit organization “Valley STEM” – a high school student-led program that brings STEM lessons to underserved communities throughout the Central Valley and is now being taught at four elementary schools, various mobile housing units, and local libraries; and WHEREAS, As a Valley STEM organizer, Anna has presented at multiple community events that include the STEM for Girls Conference and the Reedley STEM Conference to showcase the contributions and importance of expanding enrichment opportunities for girls who are interested in science, technology, engineering, and mathematics; and WHEREAS, Anna’s passion for learning and her dedication to giving back to the community has helped shape her high school career and will continue to serve as a meaningful foundation as Anna embarks on the next chapter of her life at Stanford University. On behalf of the City of Fresno, we wish you well on your exciting journey ahead! NOW, THEREFORE BE IT RESOLVED, that we, Mayor Jerry P. Dyer, and the Fresno City Council, do hereby proclaim May 11, 2023, in the City of Fresno as: “Anna Hun Day” in the City of Fresno IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Great Seal of the City of Fresno, California, this 11th day of May of the Year Two Thousand and Twenty-Three. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-777 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Public Comment Received for May 11, 2023, Regular Agenda Attachment: Supplemental Packet City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 DISTRIBUTED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-728 Agenda Date:5/11/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of Minutes for April 20, 2023, and April 27, 2023, Regular Meeting and April 27, 2023, Special Meeting. Attachment: Draft April 20, 2023, Regular Meeting Minutes Draft April 27, 2023, Regular Meeting Minutes Draft April 27, 2023, Special Meeting Minutes City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT Regular Council Meeting May 11, 2023 FRESNO CITY COUNClL ,__, = ..... Supplement Packet ITEM(S) 1-A (ID 23-728) ...... -... . . ' (_f;, :· l ...... c�, r; ! )> ··•! '. j! 0 Approval of Minutes for April 20, 2023, and April 27, 2023, Regular Meeting and April 27, 2023, Special Meeting. Contents of Supplement: Minutes for the April 20, and April 27, 2023, regular meetings and the April 27, 2023, special meeting. ltem(s) Supplemental Information: Any agenda related public documents receiv�d 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. 54957.5(2). In 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. If you need assistance with seating because of a disability, please see Security. DRAFT MINUTES OF APRIL 20, 2023, REGULAR MEETING 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 9:00 AM Council Chambers (In Person and/or Electronic) Thursday, April 20, 2023 Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:04 A.M. ROLL CALL Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - Invocation by Pastor Rev. Robin Mathews-Johnson from the Wesley United Methodist Church Pastor Rev. Robin Mathews-Johnson gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Consent Calendar item 1-N (ID 23-415) regarding consultant services City of Fresno ***Subject to Mayoral Veto Page 1 April 20, 2023City Council Meeting Minutes agreement with AM Consulting Engineers – the “Local Preference” section of the staff report should only read as follows: Local preference was implemented, AM Consulting Engineers, Inc., is a local business as defined by the Fresno Municipal Code. Consent Calendar item 1-H (ID 23-587) regarding the eighth amendment to the Position Authorization Resolution No. 2022-153 to add four positions to the Parks, After School, Recreation and Community Services (PARCS) Department - removed from the agenda by Councilmember Arias and tabled to April 27, 2023. Consent Calendar item 1-X (ID 23-618) regarding resolution to adopt a pilot program to incentivize job creation in portions of District 1 – removed from the agenda by Vice President Perea and tabled to April 27, 2023. Consent Calendar item 1-Y (ID 23-554) regarding resolution to amend Council Communication Policy - removed by Councilmember Karbassi and tabled to April 27, 2023. 10:20 A.M. Scheduled Hearing (ID 23-541) regarding the designation of a property to the Local Register of Historic Resources - removed from the agenda by Councilmember Arias and tabled to April 27, 2023 at 10:20 A.M. 10:25 A.M. #1 Scheduled Hearing (ID 23-550) regarding appearance by Gary Christy - withdrawn from the agenda by the speaker. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 1-B (ID 23-534) regarding Commercial Cannabis Activity - moved to Contested Consent by Councilmember Arias. 1-F (ID 23-614) regarding the Transient Room Tax - moved to Contested Consent by Councilmember Arias. 1-I (ID 23-470) - regarding a project specific Tax Sharing Agreement between the City of Fresno and the County of Fresno - moved to Contested City of Fresno ***Subject to Mayoral Veto Page 2 April 20, 2023City Council Meeting Minutes Consent by Councilmember Bredefeld. 1-K (ID 23-575) regarding the State of California's Homekey 3 Program and Quality Inn Located at 6051 North Thesta Street - moved to Contested Consent by Councilmember Bredefeld. 1-L (ID 23-576) regarding the State of California's Homekey 3 Program and development of permanent affordable housing at 6507 North Polk Avenue - moved to Contested Consent by Councilmember Arias. On motion of Councilmember Arias, seconded by Vice President Perea,the above agenda was ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - CEREMONIAL PRESENTATIONS ID 23-525 Emergency Dispatcher’s Appreciation Week PRESENTED ID 23-413 Proclamation for “National Crime Victims' Rights Week” PRESENTED ID 23-311 Proclamation for “National Donate Life Month” PRESENTED ID 23-602 Proclamation “Honoring Fresno Poet Laureate Joseph Rios” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi Reports and Comments. Discussed the progress made on the Veteran's Boulevard project and his tour of the area with Vice President Perea. Announced his recent site visit to the Dispatch Center. Attended opening day for the Fresno Grizzlies and promoted the attraction as the "best deal in town." Attended the California League of Cities, City Leadership Summit where he lead a discussion on organized retail crime. Discussed the re-opening of the Fig Garden Branch Library which included City of Fresno ***Subject to Mayoral Veto Page 3 April 20, 2023City Council Meeting Minutes attendance by the California Poet Laureate, Lee Herrick. Councilmember Arias Reports and Comments. Discussed the four community meetings held in his district to gather input on community budget priorities. Invited the Mayor to attend the Tower District Farmer's Market later in the evening. Requested an update from the City Attorney on the vacant property at Olive and Glenn and an update on the renovation of Hardy's Theatre. Discussed recent meetings to help improve services for the homeless and noted the need for the County of Fresno to be a better partner in the effort. Asked if the administration was prepared to deal with the recent collapse of the Dinkey Creek bridge. Councilmember Chavez Reports and Comments. Acknowledged Community Base Organizations (CBO) and the administration for clean up events in District 5. Discussed a future trail cleanup in Calawa near Saint Anthony Claret Church. Announced the second and final community meeting was being scheduled to discuss the 49 acre park in Southeast Fresno. Announced the High-Speed Rail Authority reached out to discuss the pending closure of Church Avenue. Acknowledged students from Roosevelt and Sequoia High for working to clean up the community during spring break. Councilmember Bredefeld Reports and Comments. Announced a District 6 cleanup event at Woodward Park and encouraged people to participate, meet their neighbors and help keep the community clean. Councilmember Esparza Reports and Comments. Attended the 34th Annual World Languages Fair at McLane High School. District 7 staff attended the Broadband Workshop held at Fresno City College. Participated in the Beautify Fresno cleanup event at Webster Elementary School. Attended an Easter Celebration with the Jackson Neighborhood Association. Re-scheduled the Play Streets event on Huntington Boulevard to May 13, 2023, due to weather. Requested the administration provide the proposed budget to Council by May 15 to help minimize the number of budget motions. Vice President Perea Reports and Comments. Acknowledged City staff for City of Fresno ***Subject to Mayoral Veto Page 4 April 20, 2023City Council Meeting Minutes the great progress on Veteran's Boulevard while keeping the project on time and under budget. Discussed her first town hall meeting west of the 99 and acknowledged the dedication of the many City staffers and the District 1 team that made the meeting a success. Attended the Buddhist New Year Celebration the previous weekend. Announced the Tower District Farmers Market and ribbon cutting event taking place later in the evening and subsequently every Thursday from 5:00 p.m. to 9:00 p.m. Council President Maxwell Reports and Comments. Hosted a successful Easter egg hunt event at Einstein Park. Discussed a well attended roundtable meeting in the Airports District to determine the types of investments businesses want in the area. Discussed the “On the Same Page Initiative” to provide free access to books around District 4 neighborhoods and the “1000 Books in 30 Days” book drive to support the Initiative. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer Reports and Comments. Reported on his presentation to the CalTrans Supervisors about the success of Fresno in removing freeway encampments and housing the homeless. Discussed the success of the Great American Cleanup over the weekend. Acknowledged Councilmember Esparza’s request to receive the proposed budget three weeks prior to the scheduled budget hearings. City Manager White Reports and Comments. Commented on the successful return to in-person recognition of employees and acknowledged the City Clerk’s Office for organizing the event. Reported the collapsed Dinkey Creek Bridge was owned by the U.S. Forest Service and the City of Fresno would offer support for its replacement. Stated the City was working closely with the High Speed Rail authority to ensure the closing of Church Avenue would be a smooth process. Announced the distribution of a memo detailing the restarting of delinquent utility bill processing and the availability of payment plans for customers. UNSCHEDULED COMMUNICATION Upon call for unscheduled communication and public comment on Consent Calendar, Contested Consent Calendar and Closed Session items, the City of Fresno ***Subject to Mayoral Veto Page 5 April 20, 2023City Council Meeting Minutes following members of the public addressed Council: Susan Neville (1-D); Pratik Suchak (1-K); David Willis; Scott Petersen (1-D); Kim Sands; Brandi Nuse-Villegas; Linda Martinez; Leticia Casillas; Perla Jaimes; Patsy Rajskup; Mariah Thompson; Becerra Richard; Sam Frank; Fernando Elizando; Dez Martinez (1-L); Lisa Pridard (1-K); Kristin Pothier; Michael Rabara (3-A); Elizabeth Moreno; Cesar Casamayor; Jeffrey Neville (1-D); Lisa Flores; Alicia Rodriguez (1-D); Robert McCloskey (1-J, 1-M); Laura Splotch (1-D), and Cindy Piombino. ID 23-698 Public Comment Received for April 20, 2023. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Esparza, seconded by Vice President Perea, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 1.-A.ID 23-605 Approval of Minutes for March 30, 2023, Regular Meeting APPROVED ON THE CONSENT CALENDAR 1.-C.ID 23-610 Approve the appointment of Areli Rios to the Fresno Housing Authority for a term ending on April 30, 2025. APPROVED ON THE CONSENT CALENDAR 1.-D.ID 23-639 Approve a professional services agreement for three years with two one-year extensions with 809 Olive Avenue, LLC, to provide operations and management services of the Tower Theatre and Lounge with a fee equal to 12% of the gross receipts estimated for the first year at $159,480 (RFQ No.100722RQ) (District 1) APPROVED ON THE CONSENT CALENDAR 1.-E.ID 23-569 Approve a consultant agreement with PBK in the total amount of $64,000 plus a not-to-exceed contingency amount of $5,000 to conduct a facility condition assessment of the Tower Theatre property and authorize the Director of General Services or designee to execute all related documents (Council District 1) APPROVED ON THE CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 6 April 20, 2023City Council Meeting Minutes 1.-G.ID 23-563 Approve an increase in the licensing costs for the City’s Microsoft Enterprise Agreement in the amount of $216,658.87. APPROVED ON THE CONSENT CALENDAR 1.-H.ID 23-587 ***RESOLUTION - Adopt the Eighth Amendment to the Position Authorization Resolution (“PAR") No. 2022-153 entitled, “A Resolution of the Council of the City of Fresno establishing the number of positions authorized in the various departments and offices of the City for Fiscal Year 2023,” to add a total of four positions: one full time Projects Administrator; one full time Program Manager; and two full time Senior Management Analysts, in the Parks, After School, Recreation, and Community Services (“PARCS”) Department. (Subject to Mayor’s veto). The above item was removed from the agenda by Councilmember Arias and tabled to April 27, 2023. TABLED 1.-J.ID 23-574 Actions pertaining to the State of California’s Homekey 3 Program and Travelodge located at 3876 North Blackstone Avenue (436-260-22) to facilitate the development of permanent affordable housing (District 4) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) guidelines; 2. Approve the Purchase and Sale Agreement with PRABHATBHAI T. PATEL and SUSHILABEN P. PATEL as TRUSTEES of The Prabhatbhai T. Patel and Sushilaben P. Patel Living Trust u/t/d/ dated September 12, 2019, for $4,400,000; 3. ***RESOLUTION - Authorizing joint application and acceptance of funding from participation in the State of California’s Homekey 3 Program to sustain and rapidly expand housing for persons experiencing or at risk of homelessness and authorizing the City Manager to sign all required implementing documents (Subject to Mayor’s veto); and 4. ***RESOLUTION - Declaring a commitment for a future City contribution of funds for rehabilitation expenses in an amount not to exceed $5,000,000 upon full award of Homekey 3 funding for the Travelodge Project (Subject to Mayor’s veto). RESOLUTION 2023-097 ADOPTED. RESOLUTION 2023-098 ADOPTED APPROVED ON THE CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 7 April 20, 2023City Council Meeting Minutes 1.-M.ID 23-584 Actions related to the acquisition of Clarion Pointe Motel, located at 4061 North Blackstone Avenue (434-143-06) to facilitate an Interim Homeless Shelter (District 4): 1.Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 and 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines 2.Approve the Purchase and Sale Agreement with Kush Hospitality Inc., a California Corporation for $11,800,000 APPROVED ON THE CONSENT CALENDAR 1.-N.ID 23-415 Award a consultant services agreement to AM Consulting Engineers, Inc ., to provide engineering services for the 2-Water Booster Pump Station Redundancy Improvements at the Regional Wastewater Reclamation Facility for an amount not to exceed $187,590, inclusive of a $18,000 contingency (Bid File 12300511-1) (Council District 3) APPROVED ON THE CONSENT CALENDAR 1.-O.ID 23-461 ***RESOLUTION - Rescinding Resolution Number 2017-332 and ordering the vacation of a portion of North Carnegie Avenue, between West Bullard Avenue and Union Pacific Railroad (Subject to Mayor’s Veto) (Council District 2) RESOLUTION 2023-099 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-P.ID 23-564 RESOLUTION - Of Intention to Annex Final Tract Map No. 6370 as Annexation No. 143 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 25, 2023, at 10:10 am (located on the west side of North Chestnut Avenue and East Powers Avenue) (Council District 6) RESOLUTION 2023-100 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-Q.ID 23-571 RESOLUTION - Of Intention to Annex Final Tract Map No. 6350 as Annexation No. 142 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 25, 2023, at 10:05 am (located on the northwest corner or North Parc West Drive and West Holland Avenue) (Council District 1) RESOLUTION 2023-101 ADOPTED APPROVED ON THE CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 8 April 20, 2023City Council Meeting Minutes ID 23-698 Public Comment Received for April 20, 2023. 1.-R.ID 23-572 RESOLUTION - Of Intention to Annex Final Tract Map No. 6212, 6276, and 6350 as Annexation No. 002 to the City of Fresno Community Facilities District No. 18 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 25, 2023 at 10:00 am (T6212, located at the southwest corner of North Parc West Drive and North Grantland Avenue; T6276, located on the northwest corner of North Parc West Drive and North Grantland Avenue; T6350, located on the northeast corner of North Parc West Drive and West Holland Avenue) (Council District 1) RESOLUTION 2023-102 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-S.ID 23-565 Actions pertaining to the award of a requirements contract to Vulcan Materials Co. in the amount up to $5,826,127.50 for the purchase of Asphalt Concrete Material. (Bid File 12300991) (City-wide) APPROVED ON THE CONSENT CALENDAR 1.-T.ID 23-578 Actions pertaining to the Citywide Countdown Pedestrian Head Project - Bid File 12300990 (Citywide) 1.Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 and Section 15302/Class 2 of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract in the amount of $214,934 to Pelagic Engineering, of Oxnard, California APPROVED ON THE CONSENT CALENDAR 1.-U.ID 23-603 Actions pertaining to the new Fire Station 12 Project (Council District 1) 1.Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract in the amount of $78,445 to CVE Demolition Inc., of Fresno, CA, as the lowest responsive and responsible bidder for the Demolition of the 3315 West Ashlan Avenue Building - Bid File 12301188 APPROVED ON THE CONSENT CALENDAR 1.-V.ID 23-320 ***RESOLUTION - 25th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 to appropriate $2,716,400 from the Transportation Development Act (TDA) pass-through revenues. (Requires 5 Affirmative Votes)(Subject to Mayor’s veto) City of Fresno ***Subject to Mayoral Veto Page 9 April 20, 2023City Council Meeting Minutes RESOLUTION 2023-103 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-W.ID 23-590 ***Bill B-5 (Intro’d 3/30/2023)(For Adoption) - Amending Section 12-4.1603 of the Fresno Municipal Code, revising the definition of infill project for purposes of the fee waiver program for certain residential infill projects (Subject to Mayor’s Veto) ORDINANCE 2023-010 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-X.ID 23-618 ***RESOLUTION - adopting a pilot program to incentivize job creation within a portion of the Tower District and the portion of the area west of Highway 99 between Clinton Avenue and Shaw Avenue located within District 1. (Subject to Mayor’s Veto) The above item was removed from the agenda by Vice President Perea and tabled to April 27, 2023. TABLED 1.-Y.ID 23-554 RESOLUTION - Amending the Council Communication Policy The above item was removed from the agenda by Councilmember Karbassi and tabled to April 27, 2023. TABLED 1.-Z.ID 23-622 Approve the appointment of Tania Castillo to the Immigration Affairs and Resident Committee for a term which serves at the pleasure of the Councilmember APPROVED ON THE CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-B.ID 23-534 Actions pertaining to Commercial Cannabis Activity: 1. Approve the Loan Agreement for Maritza Estrada (the Owner) of Traditional - Fresno - ME LLC, a cannabis social equity business, in the amount of $75,000 to assist with the start-up, regulatory costs, and operating costs of opening a retail commercial cannabis business in the City of Fresno. 2. Approve the Loan Agreement for Isaac Fonseca (the Owner) of Beyond Rooted 559 LLC, a cannabis social equity business, in the amount of $75,000 to assist with the start-up, regulatory costs, and City of Fresno ***Subject to Mayoral Veto Page 10 April 20, 2023City Council Meeting Minutes operating costs of opening a retail commercial cannabis business in the City of Fresno. Councilmember Arias moved the above item to the Contested Consent Calendar for an explanation of the program and to discuss how the opening of the two business entities would be impacted if the loan agreements were approved. Council discussion on this item included: the Equity Assistance Program; the timelines required to be met by the license holders; possible revisions to the ordinance to cancel the licenses if the timelines are not met, and; the details regarding loan amounts and terms. APPROVED On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias and Chavez5 - No:Bredefeld1 - Absent:Karbassi1 - 1.-F.ID 23-614 Actions pertaining to Transient Room Tax: 1. BILL- (For introduction) Amending Section 7-602 of the Fresno Municipal Code, relating to compelling short-term rental crowdsourcing entities such as Airbnb, VRBO, etc. to collect Transient Occupancy Tax (TOT) on the City’s behalf and to remit the revenue to the City. Councilmember Arias moved the above item to the Contested Consent Calendar for an overview on how the item will allow the City to collect the room tax from Airbnb customers. Council discussion on this item included: direct reporting instead of self-reporting; how often the remittance would be collected; STR regulations and permitting; the increased room tax expected to be collected due to this item; utilizing the same process for other entities similar to Airbnb; the accountability process and ensuring the Transit Oriented Tax is managed; current permit fees; using data to get more users registered; how comparable cities handle short term rental permits, how to limit short term City of Fresno ***Subject to Mayoral Veto Page 11 April 20, 2023City Council Meeting Minutes rental in light of the permanent housing crisis. BILL B-11 APPROVED, INTRODUCED AND LAID OVER On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-I.ID 23-470 Approve a Project-Specific Tax Sharing Agreement Between the City of Fresno and the County of Fresno Regarding California -Willow No. 4 Reorganization for approximately 79.75 acres of property located on the southeast and southwest corners of the East California Avenue alignment (railroad right-of-way) and South Willow Avenue (Council District 5). The above item was moved to the Contested Consent Calendar by Councilmember Bredefeld. There was no staff presentation and no council discussion, there were no further questions. APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-K.ID 23-575 Actions pertaining to the State of California ’s Homekey 3 Program and Quality Inn located at 6051 North Thesta Street (APN 409-200-43), to facilitate the development of permanent affordable housing (District 6) 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) guidelines; 2.***RESOLUTION - Authorizing a joint application to and acceptance of funding from participation in Project Homekey 3.0 to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases and authorizing the City Manager to sign all required implementing documents (Subject to Mayor’s veto); and City of Fresno ***Subject to Mayoral Veto Page 12 April 20, 2023City Council Meeting Minutes 3. ***RESOLUTION - Supporting a future City contribution of funds for rehabilitation expenses in an amount not to exceed $6,000,000 associated with UPholding California, LLC’s Quality Inn Project under funding through the State of California’s Homekey 3 Program (Subject to Mayor’s veto). Councilmember Bredefeld moved the above item to the Contested Consent Calendar to discuss the concerns of the surrounding businesses regarding this project. Council discussion on this item included: the project creating permanent housing, not additional shelters; outreach to the surrounding businesses; timing of the awards and when the final project would be brought before the council. Councilmember Bredefeld motioned to approve this item with direction that the city hold several community meetings with the surrounding businesses in the locations to address the concerns of business owners. RESOLUTION 2023-095 ADOPTED RESOLUTION 2023-096 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-L.ID 23-576 Actions pertaining to the State of California’s Homekey 3 Program and development of permanent affordable housing at 6507 North Polk Avenue (506-130-04) (District 2): 1. ***RESOLUTION - Authorizing joint application to and participation in the State of California’s Homekey 3 Program to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness and authorizing the City Manager or designee to sign all required implementing documents. (Subject to Mayor's Veto). 2. ***RESOLUTION - In support of future City Contribution of Funds for construction and development expenses associated with the project in an amount not to exceed $2,800,000 upon full award of Homekey 3 funding for the ACTS Foundation project. (Subject to Mayor's Veto). City of Fresno ***Subject to Mayoral Veto Page 13 April 20, 2023City Council Meeting Minutes Councilmember Arias moved the above item to the Contested Consent Calendar to address concerns that: the operating organization lacks experience running shelters; the operating organization has existed for less than a year and will likely struggle in the highly regulated field, and; the public comments included numerous complaints regarding the operating organization. Council discussion on this item included the following: the proposed organization not supporting the LGBTQ community; the requirements in the Request for Proposal; the demographics the organization will serve and whether they are allowed to discriminate; unit allocation commitments; whether or not there have been similar projects before the council; the comments and concerns of the community; what the ACTS Foundation brings to the project and whether another partner could be substituted; accredited foster facilities; the total state funding to be applied; the overall cost of the project, and; the potential to lose funding if the project is denied. On motion of Councilmember Karbassi, seconded by Council President Maxwell, that the above Action Item be ADOPTED. The motion FAILED by the following vote: Aye:Maxwell and Karbassi2 - No:Esparza, Perea, Arias and Bredefeld4 - Absent:Chavez1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID 23-567 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 140 (Final Tract Map No. 6338) (Northeast corner of East Church Avenue and South Sunnyside Avenue) (Council District 5) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 140 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) City of Fresno ***Subject to Mayoral Veto Page 14 April 20, 2023City Council Meeting Minutes 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 140 (Subject to Mayor’s Veto) The above hearing was called to order at 1:38 P.M. Upon call, there was no public comment for this item. The public comment period closed at 1:38 P.M. There was no staff presentation and no Council discussion. RESOLUTION 2023-089 ADOPTED RESOLUTION 2023-090 ADOPTED RESOLUTION 2023-091 ADOPTED BILL B-9 INTRODUCED/ADOPTED AS ORDINANCE 2023-008 On motion of Councilmember Chavez, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:00 A.M.#2 ID 23-577 Actions pertaining to Final Map of Tract No. 6338: RESOLUTION - Approving the Final Map of Tract No. 6338, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northeast corner of East Church Avenue and South Sunnyside Avenue (Council District 5) The above hearing was called to order at 1:38 P.M. Upon call, there was no public comment for this item. The public comment period closed at 1:39 P.M. There was no staff presentation and no Council discussion. RESOLUTION 2023-104 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:05 A.M. City of Fresno ***Subject to Mayoral Veto Page 15 April 20, 2023City Council Meeting Minutes ID 23-570 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 141 (Final Tract Map No. 6212 and Parc West Drive) (Southwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) 1.***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 141 (Subject to Mayor’s Veto) 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4.***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 141 (Subject to Mayor’s Veto) The above hearing was called to order at 1:39 P.M. Upon call, there was no public comment for this item. The public comment period closed at 1:39 P.M. There was no staff presentation and no Council discussion. RESOLUTION 2023-105 ADOPTED RESOLUTION 2023-106 ADOPTED RESOLUTION 2023-107 ADOPTED BILL B-12 INTRODUCED/ADOPTED AS ORDINANCE 2023-011 On motion of Vice President Perea, seconded by Councilmember Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:10 A.M. (CONTINUED TO MAY 25, 2023, AT 10:00 A.M.) ID 23-612 HEARING - To adopt Resolutions and Ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 18, Annexation No. 002 (T6212, located at the southwest corner of North Parc West Drive and North Grantland Avenue; T 6276, located on the northwest corner of North Parc West Drive and North Grantland City of Fresno ***Subject to Mayoral Veto Page 16 April 20, 2023City Council Meeting Minutes Avenue; T6350, located on the northeast corner of North Parc West Drive and West Holland Avenue) (Council District 1) The above item was removed from the agenda by staff and tabled to May 25, 2023, at 10:00 A.M. TABLED 10:15 A.M.#1 ID 23-566 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 138 (Final Tract Map No. 6371) (located north of East Floradora Avenue and east of North Armstrong Avenue) (Council District 7) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 138 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 138 (Subject to Mayor’s Veto) The above hearing was called to order at 1:39 P.M. Upon call, there was no public comment for this item. The public comment period closed at 1:40 P.M. There was no staff presentation and no Council discussion. RESOLUTION 2023-092 ADOPTED RESOLUTION 2023-093 ADOPTED RESOLUTION 2023-094 ADOPTED BILL B-10 INTRODUCED/ADOPTED AS ORDINANCE 2023-009 On motion of Councilmember Esparza, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - City of Fresno ***Subject to Mayoral Veto Page 17 April 20, 2023City Council Meeting Minutes 10:15 A.M.#2 ID 23-589 Actions pertaining to Final Map of Tract No. 6371: RESOLUTION - Approving the Final Map of Tract No. 6371, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northeast corner of East Floradora Avenue and North Armstrong Avenue (Council District 7) The above hearing was called to order at 1:40 P.M. Upon call, there was no public comment for this item. The public comment period closed at 1:40 P.M. There was no staff presentation and no Council discussion. RESOLUTION 2023-108 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:20 A.M. ID 23-541 HEARING to consider adoption of a resolution related to the designation of a property to the Local Register of Historic Resources 1.***RESOLUTION - Designating the Sequoia Hotel/Fink & Skopp building located at 925-933 Van Ness Avenue, Fresno California to the Local Register of Historic Resources (APN46825403) (District 3) (Subject to Mayor Veto). The above item was removed from the agenda by Councilmember Arias and tabled to April 27, 2023 at 10:20 A.M. TABLED 10:25 A.M.#1 ID 23-550 Appearance by Gary Christy to discuss off-site sidewalk, landscaping and ADA ramp requirements from Public Works. (District 1 Resident) The above item was withdrawn from the agenda by Gary Christy with no return date. 10:25 A.M.#2 City of Fresno ***Subject to Mayoral Veto Page 18 April 20, 2023City Council Meeting Minutes ID 23-615 Appearance by Mary Padilla to discuss who do we represent. (District 2 Resident) Mary Padilla was not present when called. DID NOT APPEAR 3. GENERAL ADMINISTRATION 3.-A.ID 23-271 Approval of revised Route 99 Freeway Agreement with State of California Department of Transportation (Caltrans) (Council Districts 1, 2, and 3) The above item was introduced to Council by Public Works Director Mozier. CalTrans District 6 Deputy Director Abi-Rached, and Councilmember Arias also spoke on this item. APPROVED On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 4. CITY COUNCIL 4.-A.ID 23-621 Bill (For Introduction) - Amending Chapter 9, Article 26 of the Fresno Municipal Code to add Section 9-2610, “Sideshows, Street Races, and Reckless Driving Exhibitions,” prohibiting the knowing participation as a driver, passenger, or spectator in sideshows, street races, or reckless driving exhibitions. Councilmember Bredefeld, Vice President Perea, and Police Chief Balderrama introduced the above item to Council. Council discussion on this item included: the initiatives’ logistics; the definition of participant, passenger, and spectator; if tow trucks will be subject to the initiative; the parameters within the area of the spectators the initiative applies to; Page 6(1) regarding accountably for evidence of prior acts; the criteria for City Attorney’s Office to prosecute; assault on a police officer; the Police Department’s participation of the initiative; traffic-related City of Fresno ***Subject to Mayoral Veto Page 19 April 20, 2023City Council Meeting Minutes deaths; the language to include parking garages; the role of the District Attorney to prosecute misdemeanors; strengthening the language around “300 feet” and “intent” with more definition and clarity; if personal and police body-worn camera video be used as evidence; building a local case of the collective ecosystem; consider Assembly Bill 645 regarding speed camera; if this initiative has been done in other cities and if there are any policing or legal issues from those cities; have there been any challenges, and what is the oldest ordinances in other municipalities. CONTINUED TO APRIL 27, 2023 On motion of Councilmember Karbassi, seconded by Councilmember Esparza, that the above Action Item be CONTINUED to April 27, 2023. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 5. CLOSED SESSION During open session, Chief Assistant City Attorney Badhesha announced the items that would be discussed in closed session. Council withdrew from open session to hear closed session items at 2:52 p.m. 5.-A.ID 23-619 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B.ID 23-620 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) City of Fresno ***Subject to Mayoral Veto Page 20 April 20, 2023City Council Meeting Minutes Significant Exposure to Litigation: Central Valley NMTC Fund, LLC., v. City of Fresno. The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-C.ID 23-637 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-D.ID 23-635 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1.International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED ADJOURNMENT City Council adjourned from closed session at 4:05 p.m. City of Fresno ***Subject to Mayoral Veto Page 21 DRAFT MINUTES OF APRIL 27, 2023, REGULAR MEETING 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 9:00 AM Council Chambers (In Person and/or Electronic) Thursday, April 27, 2023 Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. The regular meeting was held concurrently with a separately noticed 1:30 p.m. special meeting. 9:09 A.M. ROLL CALL Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - Invocation by Pastor Doug Lanier with Christian Life Assembly Church. Pastor Doug Lanier gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: City of Fresno ***Subject to Mayoral Veto Page 1 April 27, 2023City Council Meeting Minutes A special meeting had been separately noticed for 1:30 p.m. to discuss: • Item “A” (ID 23-702) regarding amendment of the Better Business Act to provide exceptions for affordable housing, senior affordable housing and mixed-use projects that benefit public health, safety and welfare of the city, and; • Item “B” (ID 23-703) regarding support for city contribution of funds to or on behalf of FCTC Senior, LP. for construction of water infrastructure necessary to meet fire suppression requirements. Consent Calendar item 1-Y (ID 23-647) regarding support of a city contribution of funds to FCTC Senior, LP - removed from the agenda with no return date as a related item was the subject of the special meeting. Consent Calendar item 1-BB (ID 23-662) regarding an amendment to the Council Communication Policy – removed from the agenda by Councilmember Karbassi with no return date. Consent Calendar item 1-CC (ID 23-689) regarding the Homekey 3 Program at 6507 North Polk Avenue - Councilmember Karbassi should be listed as co-sponsor. Closed Session item 5-A (23-658) regarding anticipated litigation for Bakman Water Company v. City of Fresno – removed from the agenda by the City Attorney’s Office with no return date. Councilmember Karbassi and Councilmember Bredefeld each registered a "no" vote on Consent Calendar item 1-D (ID 23-663) regarding Commercial Cannabis Activity. THE FOLLOWING ITEMS WERE MOVED TO THE MAY 11, 2023, AGENDA Consent Calendar item 1-AA (ID 23-661) regarding a pilot program to incentivize job creation within portions of the Tower District – moved to the May 11, 2023, agenda by Vice President Perea and Councilmember Arias. General Administration item 3-A (ID 23-465) regarding a workshop for the City of Fresno ***Subject to Mayoral Veto Page 2 April 27, 2023City Council Meeting Minutes Annual Review of the Community Workforce Agreement – moved to the May 11, 2023, agenda by the administration. THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION: 1-B (ID 23-636) regarding Bid File 12300507 soliciting proposals to manage and operate Food & Beverage Concessions and News & Convenience Concessions at Fresno Yosemite International Airport (FAT). – moved to Contested Consent by Councilmember Arias. 1-I (ID 23-671) regarding the eighth amendment to the Position Authorization Resolution - moved to Contested Consent by Councilmember Bredefeld. 1-L (ID 23-642) regarding the 2021 National Sexual Assault Kit Initiative (SAKI) grant program – moved to Contested Consent by Councilmember Arias and Councilmember Esparza. 1-M (ID 23-631) regarding the COPS Metro Bike Unit Grant – moved to Contested Consent by Council President Maxwell and Councilmember Esparza. 1-O (ID 23-634) regarding a grant application to the California Department of Transportation for the Clean California local grant program cycle 2 - moved to Contested Consent by Council President Maxwell. 1-S (ID 23-596) regarding the 34th amendment to the Annual Appropriations Resolution (AAR) for the Parks and Public Safety Energy Efficiency Projects – moved to Contested Consent by Councilmember Arias. 1-X (ID 23-463) regarding the disposal of vacated roadway properties associated with the State Route 99 Realignment Project – was moved by Councilmember Arias. On motion of Vice President Perea, seconded by Councilmember Chavez, the above agenda was APPROVED AS AMENDED. The City of Fresno ***Subject to Mayoral Veto Page 3 April 27, 2023City Council Meeting Minutes motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - CEREMONIAL PRESENTATIONS ID 23-293 Proclamation for “Officer Lindsay Dozier” PRESENTED ID 23-535 Proclamation for “Fair Housing Month” PRESENTED ID 23-628 Proclamation for “Peace Officer Memorial Week” PRESENTED ID 23-449 Proclamation for “Arbor Day” PRESENTED ID 23-562 Proclamation for “National and California Community College Month” PRESENTED ID 23-556 Fresno Animal Center’s “Pet of the Month” presented by Fresno Humane Animal Services PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi Reports and Comments. Discussed the Great American Cleanup at River Bottom Park and the work by Caglia Environmental and River Tree Volunteers to gather volunteers. Discussed the annual flag raising in recognition of the Armenian genocide and the multi generational participation by the local Armenian community. Councilmember Arias Reports and Comments. Announced work had begun on the outdoor patio, parklet and bike racks next to South of Shaw Beer Company in downtown Fresno. Noted the first annual West Fresno Home Buyers Conference would occur at the Westside Church of God on Saturday to help West Fresno residents become home owners. Reported the next China Town 559 Market would occur on Friday and was a great family City of Fresno ***Subject to Mayoral Veto Page 4 April 27, 2023City Council Meeting Minutes friendly event. Acknowledged the PARCS team for the excellent maintenance of the sports fields at the Regional Sports Complex. Discussed recent successful concerts at Chukchansi Stadium and the need to have police officers walk the vicinity and the need for increased cellular capacity during events. Reported that Cooks Communication, located in downtown Fresno, was interested in discussions with the administration on how to keep CIty of Fresno business local. Apologized to the residents of the Trails End Mobile Home Park as he feels the new owners blatantly lied when they promised to keep the property as an affordable mobile home park - he will work with Councilmember Bredefeld to see what options the City has to help the residents. Councilmember Chavez Reports and Comments. Discussed the recent Great American Cleanup events in District 5 and recognized Familias en Accion for the great job in the Liberty and Hazelwood area. Asked the administration for clarification on how services will be impacted in light of recent developments at the Animal Center. Announced there was interest from foster youth organizations to participate in City of Fresno youth jobs programs and he would connect the organizations with the administration to discuss the possibilities. Councilmember Bredefeld Reports and Comments. Discussed the emotional flag raising in recognition of the Armenian genocide. Recognized the volunteers who participated in the Great American Cleanup at Woodward Park. Reported on the success of the "Boots in the Park" concert recently held at Woodward Park. Informed Council of threats he and his Chief of Staff received from a known individual during a press conference earlier in the day - he announced he would file a police report concerning the threats. Councilmember Esparza Reports and Comments. Announced the California Commission on the Status of Women and Girls awarded a $100,000 grant to the City of Fresno to continue the programming of the Cit of Fresno Women’s Commission. Congratulated Centro La Familia for opening a neighborhood resource center at Dakota and Blackstone. Announced he would attend an upcoming Jackson Association neighborhood meeting. City of Fresno ***Subject to Mayoral Veto Page 5 April 27, 2023City Council Meeting Minutes Vice President Perea Reports and Comments. Reported that an estimated 4,500 attended the first Tower District Farmers Market the previous week. Future Farmers Market will see an increase in fresh produce to help deal with the food desert in the area. Invited the public to attend "Porch Fest" - a fun, family friendly, walkable concert throughout the Tower District and historical Fresno High community. Reported on several area clean up events during Earth Day. Recognized Public Works for continually working with District 1 to deal with pot holes. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer Reports and Comments. Announced more than 1,700 volunteers help to remove 16,000 pounds of trash from twenty locations throughout the City. Presented certificates to Student Ambassadors in the Fresno / Châteauroux Exchange Program, with Council Vice President Perea. City Manager White Reports and Comments. Thanked the Fresno Grizzlies for providing the infield mix which was utilized for the turf at the Regional Sports Complex. Reported that ten memos on various subjects had been provided to the Council over the past week by the administration. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Yvonne Gordon (1-N, 10:05 am); Brunette Harris (1-N), 10:05 am; Betty Francis (1-N); Emily Brandt (1-N, 10:05 am); Shawn Robinson (1-D); Steve Diddy (1-T); Rex Hime (3-A); Fernando Elizondo; Patricia Shawn; Lyindy Owens; Adolfo Castillo (1-D); Hester Hensley; Brandi Nuse-Villegas (1-E, 1-N); Lisa Flores; G Ray Howell; Candis Crowley; Edward Castro Jr.; Karla Martinez; Edith Rico; Leslie Martinez; Maria Gonzalez; Andrea Balanos; Ruben Espinoza; Soccord Vivar; Benita Vasquez, and Bob McClaskey. ID 23-713 Public Comment received for the April 27, 2023, Regular Meeting. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Vice President Perea, the CONSENT CALENDAR was hereby adopted by the City of Fresno ***Subject to Mayoral Veto Page 6 April 27, 2023City Council Meeting Minutes following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 1.-A.ID 23-524 ***RESOLUTION - Declaring a portion of the Fresno Yosemite International Airport (FAT) and a portion of the Fresno Chandler Executive Airport (FCH) (APNs 464-220-43T and 464-020-28T) to be exempt Surplus Land for leasing purposes only as it pertains to the City’s use pursuant to the Surplus Land Act (SLA). (Districts 3 and 4) (Subject to Mayor’s Veto) RESOLUTION 2023-113 ADOPTED RESOLUTION 2023-114 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-C.ID 23-607 ***RESOLUTION - Adopt the 37th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 to appropriate $2,383,200 from FY 2023 General Fund surplus to various City Departments (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). RESOLUTION 2023-115 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-D.ID 23-663 Actions pertaining to Commercial Cannabis Activity: 1. Approve the Loan Agreement for Eddie Rodriguez (the Owner) of Truffle Tree LLC, a cannabis social equity business, in the amount of $75,000 to assist with the start-up, regulatory costs, and operating costs of opening a retail commercial cannabis business in the City of Fresno. 2. Adopt a Resolution Authorizing the City Manager to award $114,006.85 in State of California Cannabis Equity Act Grant Funding to each approved Social Equity Applicants. Councilmember Bredefeld and Councilmember Karbassi each registered a "no" vote on the above item. As Councilmember Karbassi was absent during approval the Consent Calendar, the item was APPROVED 5-1 by the following vote: Aye: 5 - Perea, Arias, Maxwell, Chavez, Esparza No: 1 - Bredefeld Absent: 1- Karbassi City of Fresno ***Subject to Mayoral Veto Page 7 April 27, 2023City Council Meeting Minutes RESOLUTION 2023-116 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-E.ID 23-611 Actions pertaining to the 2022 Community Project Funding (CPF) grant through the department of Housing and Urban Development (HUD): 1. Accept the CPF grant award from HUD totaling $665,000 for the Urban Heat Island Mitigation and Edible Food Rescue and Distribution project led by Fresno Metro Ministry 2. Approve Sub-Recipient Agreement with Fresno Metro Ministry totaling $665,000 3. ***RESOLUTION - A resolution of the council of the City of Fresno Adopting the 24th amendment to the annual appropriation resolution No. 2022-154 to appropriate $665,000 from the Department of Housing and Urban Development (HUD) for the Community Project Fund (CPF) grant (Requires five Affirmative Votes) (Subject to Mayor’s Veto). RESOLUTION 2023-117 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-F.ID 23-649 Actions pertaining to Transient Room Tax: 1. ***BILL B-11 (Intro’d 4/20/2023)(For Adoption) Amending Section 7 -602 of the Fresno Municipal Code, relating to compelling short-term rental crowdsourcing entities such as Airbnb, VRBO, etc. to collect Transient Occupancy Tax (TOT) on the City’s behalf and to remit the revenue to the City. (Subject to Mayor’s Veto) ORDINANCE 2023-012 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-G.ID 23-625 ***RESOLUTION - Authorizing a Grant Application for $100,000 to California Automated Permit Processing (CalAPP) Program for establishing an eligible automated, solar permitting platform and authorizing the Planning and Development Department Director or designee to accept grant funds and execute all related documents. (Subject to Mayor’s Veto) (Citywide) RESOLUTION 2023-118 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-H.ID 23-467 Actions pertaining to the agreement with Tyler Technologies for implementation and hosting of Financials, Human Capital Management and Utility Billing software: 1. Approve Amendment 2 reallocating $161,400 within the project City of Fresno ***Subject to Mayoral Veto Page 8 April 27, 2023City Council Meeting Minutes from unused services. No additional funding is requested. 2. Approve Amendment 3 reallocating $58,400 within the project from unused services. No additional funding is requested. APPROVED ON THE CONSENT CALENDAR 1.-J.ID 23-623 ***RESOLUTION - Adopt the 13th Amendment to the FY 2023 Salary Resolution No. 2022-152, amending Exhibit 1, Unit 1, Non-Supervisory Blue Collar (Local 39) by adding the new classification of Park Equipment Mechanic I to be flexibly staffed with Park Equipment Mechanic II as a series, and providing a monthly salary step plan range of $3,715-$4,515 for the Park Equipment Mechanic I classification; amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA) by adding the new classification of Airports Credentialing Technician and providing a monthly salary step plan range of $3,780-$4,540 for the classification; and amending Exhibit 13-1, Unit 13, Exempt Supervisory and Professional (CFPEA) by adding the new classification of Airports Credentialing Supervisor and providing a monthly salary step plan range of $5,527-$6,693 for the classification, retroactively effective April 24, 2023 (Subject to Mayor’s Veto) RESOLUTION 2023-120 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-K.ID 23-629 Actions pertaining to the 2021 Project Safe Neighborhoods grant program 1. Authorize the Chief of Police to accept $374,046 in grant funding from the Office of Justice Program (OJP) through the Bureau of Justice Assistance (BJA) and execute the sub award grant agreement between San Diego Association of Governments for the 2021 Project Safe Neighborhoods grant 2. ***RESOLUTION - Adopt the 32nd amendment to the Annual Appropriation Resolution No. 2022-154 to appropriate $124,700 for the Project Safe Neighborhoods (PSN) 21 grant program (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2023-121 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-N.ID 23-638 ***RESOLUTION - 35th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 to appropriate $77,000 for the Knight Avenue Improvement Project and $90,400 for the Traffic Signal Improvement Project at Church and Walnut Avenues (Council District 3) (Requires 5 affirmative votes) (Subject to Mayor’s veto) RESOLUTION 2023-124 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 9 April 27, 2023City Council Meeting Minutes APPROVED ON THE CONSENT CALENDAR 1.-P.ID 23-633 Actions pertaining to Downtown Fresno Neighborhood Beautification and Cleanup Project on Blackstone Avenue and Abby Street from Olive Avenue to Belmont Avenue, and on Belmont Avenue from Abby Street to First Street (RFP No. 12301221) (Council Districts 3 & 7): 1.Adopt finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15302/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW01012, dated April 12, 2023 2.Award a requirements contract to ScrubCan, Inc. of Fresno, CA, in the amount of $113,760 for a one-year contract for Business Corridor Litter Abatement Services on Blackstone Avenue, Abby Street, and Belmont Avenue business corridors APPROVED ON THE CONSENT CALENDAR 1.-Q.ID 23-609 Actions pertaining to the Veterans Boulevard Grade Separation Project (Council District 2) 1.***RESOLUTION - 36th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $413,500 for the Veterans Boulevard Grade Separation Project (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) 2.Approve Contract Change Order No. 28 in the amount of $218,740 and an increase in contract time of nine (9) working days with Granite Construction Company for the Veterans Boulevard Grade Separation Project, Project ID PW00683 RESOLUTION 2023-126 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-R.ID 23-608 Actions pertaining to Final Map of Tract No. 6400 RESOLUTION - Approving the Final Map of Tract No. 6400, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northeast corner of East Clinton Avenue and North Armstrong Avenue (Council District 7) RESOLUTION 2023-127 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-T.ID 23-595 Actions pertaining to the Department of Transportation Fresno Area Express Replace HVAC FAX Administration Building Project, Project ID: FC00036 City of Fresno ***Subject to Mayoral Veto Page 10 April 27, 2023City Council Meeting Minutes 1. Approve Contract Change Order No. 4 to Strategic Mechanical, Inc. in the amount of $93,898.43 2. Approve Contract Change Order No. 5 to Strategic Mechanical, Inc. in the amount of $1,644.74 APPROVED ON THE CONSENT CALENDAR 1.-U.ID 23-594 Approve an agreement for professional engineering services with O’Dell Engineering, Inc. for $429,400, with a $44,000 contingency, for design and construction support services for the Play Structure Improvements Project (Council Districts 2, 3, 4, 5, 6, 7) APPROVED ON THE CONSENT CALENDAR 1.-V.ID 23-593 Approve an agreement for professional engineering services with O’Dell Engineering, Inc. for $93,900, with a $22,000 contingency, for design and construction support services for the Milburn Overlook Redesign and Construction Project (Council District 2) APPROVED ON THE CONSENT CALENDAR 1.-W.ID 23-573 ***RESOLUTION - Approving the application for project funding from the San Joaquin River Conservancy and authorizing the Director of Public Works or Designee to accept project funds and execute all application and funding related documents with the San Joaquin River Conservancy on behalf of the City of Fresno for the construction of a Traffic Signal and Intersection Improvements at Audubon Drive and Del Mar Avenue (Council District 2) (Subject to Mayor’s Veto) RESOLUTION 2023-129 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-Y.ID 23-647 A Resolution of the Council of the City of Fresno, California, Supporting a City contribution of funds to FCTC Senior, LP for the construction of water infrastructure necessary to meet fire suppression requirements, in an amount not to exceed $2,700,000, associated with the Fancher Creek Town Center Development and Affordable Housing project therein. The above item was removed from the agenda by Councilmember Chavez with no return date. TABLED 1.-Z.ID 23-672 Bill (For Introduction) - Amending Chapter 9, Article 26 of the Fresno Municipal Code to add Section 9-2610, “Sideshows, Street Races, and Reckless Driving Exhibitions,” prohibiting the knowing participation as a driver, passenger, or spectator in sideshows, street races, or reckless driving exhibitions. City of Fresno ***Subject to Mayoral Veto Page 11 April 27, 2023City Council Meeting Minutes BILL B-13 APPROVED, INTRODUCED AND LAID OVER APPROVED ON THE CONSENT CALENDAR 1.-AA.ID 23-661 ***RESOLUTION - Adopting a pilot program to incentivize job creation within portions of the Tower District located within Districts 1 and 3 and the portion of the area west of Highway 99 between Clinton Avenue and Shaw Avenue located within District 1. (Subject to Mayor’s Veto) The above item was tabled to May 11, 2023, by Vice President Perea. TABLED 1.-BB.ID 23-662 RESOLUTION - Amending the Council Communication Policy The above item was removed from the agenda by Councilmember Karbassi with no return date. ADOPTED 1.-CC.ID 23-689 Actions pertaining to the State of California ’s Homekey 3 Program and development of permanent affordable housing at 6507 North Polk Avenue (506-130-04) (District 2): 1.***RESOLUTION - Authorizing joint application to and participation in the State of California ’s Homekey 3 Program to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness and authorizing the City Manager or designee to sign all required implementing documents. (Subject to Mayor's Veto). 2.***RESOLUTION - In support of future City Contribution of Funds for construction and development expenses associated with the project in an amount not to exceed $2,800,000 upon full award of Homekey 3 funding for Valley Teen Ranch ’s Welcome Home project. (Subject to Mayor's Veto) RESOLUTION 2023-109 ADOPTED RESOLUTION 2023-110 ADOPTED APPROVED ON THE CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-B.ID 23-636 Actions related to Bid File 12300507 soliciting proposals to manage and operate Food & Beverage Concessions and News & Convenience Concessions at Fresno Yosemite International Airport (FAT). (Council District 4) City of Fresno ***Subject to Mayoral Veto Page 12 April 27, 2023City Council Meeting Minutes 1.Award a fifteen-year term Agreement to SSP America, Inc. dba SSP America FAT, LLC, for Food & Beverage Concessions (F&B) at Fresno Yosemite International Airport (FAT) and authorize the Director of Aviation (Director) to execute the contractual document(s) (Bid File 12300507) (District 4); and 2.Award a fifteen-year term Agreement to Hudson Group Retail, LLC, dba HG Fresno Concessionaires JV, for News & Convenience Concessions (N&C) at Fresno Yosemite International Airport (FAT) and authorize the Director of Aviation (Director) to execute the documents (Bid File 12300507) (District 4). The potential revenue of both contracts is $1,295,045 annually. Total anticipated revenue during the full term of both contracts is approximately $19,425,673. Councilmember Arias moved this item to Consented Consent to discuss the vendor's history of litigation concerning overtime and the possibility of amending the contract to limit exposure on labor issues. Council discussion on this item included: provide a six month update to Council following implementation of the agreement; termination provisions in the agreement; potential issues for termination of the contract, and requesting the theme for the international terminal to be authentic Mexican cuisine. APPROVED On motion of Council President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-I.ID 23-671 ***RESOLUTION - Adopt the Eighth Amendment to the Position Authorization Resolution (“PAR") No. 2022-153 entitled, “A Resolution of the Council of the City of Fresno establishing the number of positions authorized in the various departments and offices of the City for Fiscal Year 2023,” to add a total of four positions: one full time Projects Administrator; one full time Program Manager; and two full time Senior Management Analysts, in the Parks, After School, Recreation, and Community Services (“PARCS”) Department. (Subject to Mayor’s veto). Councilmember Bredefeld moved this item to Consented Consent but subsequently received an answer to his question. There was no council discussion. City of Fresno ***Subject to Mayoral Veto Page 13 April 27, 2023City Council Meeting Minutes RESOLUTION 2023-119 ADOPTED On motion of Councilmember Bredefeld, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-L.ID 23-642 Actions pertaining to the 2021 National Sexual Assault Kit Initiative (SAKI) grant program, herein referred to as the SAKI grant 1. Authorize the Chief of Police or his designee to accept $1,000,000 in grant funding for the SAKI grant awarded to the Fresno Police Department from the U.S. Department of Justice, through the Office of Justice Programs Bureau of Justice Assistance (BJA) 2. Authorize the Chief of Police or his designee to enter into a Memorandum of Understanding (MOU) with the Fresno County District Attorney’s Office to fund .10 of the full-time equivalent Senior Deputy District Attorney for years two and three of the three-year grant performance period totaling $51,120 ($25,560 Year 2 and $25,560 Year 3) 3. ***RESOLUTION -Adopt the 9th Amendment to Position Authorization Resolution (“PAR”) No. 2022-153 entitled “a Resolution of the Council of the City of Fresno establishing the number of positions authorized in the various departments and offices of the City for Fiscal Year 2023;” adding two full-time Crime Specialist positions to the Fresno Police Department (Subject to Mayor’s Veto) Councilmember Arias and Councilmember Esparza moved the above item to Consented Consent to discuss the accountability for the funding allocated to the District Attorney's Office. Council discussion on this item included: what guarantees does the city have on the full-time equivalent being utilized for the purpose and what is the accountability for receiving the services. RESOLUTION 2023-122 ADOPTED On motion of Councilmember Karbassi, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 14 April 27, 2023City Council Meeting Minutes Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-M.ID 23-631 Actions pertaining to the FY 2022 Community Oriented Policing Services (COPS) Hiring Program grant, herein referred to as the COPS Metro Bike Unit grant 1. Authorize the Chief of Police or his designee to accept $1,500,000 in grant funding for the 2022 COPS Hiring Program grant awarded to the Fresno Police Department from the U.S. Department of Justice, through the Office of Community Oriented Policing Services (COPS) and to execute all related documents applicable to the COPS Hiring Program 2. ***RESOLUTION -Adopt the 10th Amendment to Position Authorization Resolution (“PAR”) No. 2022-153 entitled “a Resolution of the Council of the City of Fresno establishing the number of positions authorized in the various departments and offices of the City for fiscal year 2023”; adding twelve full-time Police Officer positions to the Fresno Police Department (subject to Mayor’s veto) Council President Maxwell and Councilmember Esparza moved this item to Consented Consent for additional clarification. Council discussion on this item included: is the financing similar to SAFR, where the city is helping subsidize the positions; taking experienced officers and putting them on the Bike Units; what does a dedicated bike position mean; the locations the bike unit will cover, El Dorado Park, Fashion Fair Mall, Tower District, Kings Canyon Corridor, Shaw and Marks, and Shaw and Blackstone area; buddy system - two bike officers per bike team; enforcement will be Monday through Sunday; the ideal time for the bike officers during regular business hours; flexibility in the policing area; how flexible is the grant money to reallocate the bike officers throughout the day; patrolling the Blackstone Avenue area; is the three per team adjustable to patrol Blackstone; where the bike unit will be most effective; what Fiscal Year will be paid for the total cost; what is the split between now and then; will the upcoming budget reflect additional officers; the data on the effectiveness on the existing special units; are there any special unit under performing and have dissolved; long term absences and if the unit it still active to reduce workmen's comp, and a request to schedule a ride along for District 1 and District 3 to ride along the Tower District. RESOLUTION 2023-123 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 15 April 27, 2023City Council Meeting Minutes On motion of Council President Maxwell, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-O.ID 23-634 ***RESOLUTION - Authorizing the Submission of a Grant Application to the California Department of Transportation for the Clean California Local Grant Program Cycle 2 in the amount of $5,000,000 for the South Fresno Litter Abatement, Beautification, and Placemaking Project at Shields Avenue from Weber Avenue to Hughes Avenue, Brawley Avenue and Fountain Way, Kearney Boulevard from Fresno Street to Marks Avenue, Midtown Trail Segment 4, Van Ness Avenue from Floradora Avenue to Home Avenue, and Highway Litter Abatement on SR -41, SR-180, SR-99, and Golden State Boulevard; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or Designee (Council Districts 1, 3, 4 and 7) (Subject to Mayor’s Veto) Council President Maxwell moved this item to Consented Consent for a clarification of what items are and are not included in the grant. Council discussion on this item included: the District 4 specific portion; when will the fixtures be implemented on the trail; will there be any benches, trees, or lighting on the project; litter abatement and will additional appropriations be needed to add the additional fixtures. RESOLUTION 2023-125 ADOPTED On motion of Council President Maxwell, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-S.ID 23-596 ***RESOLUTION - Adopting the 34th amendment to the Annual Appropriations Resolution (AAR) No. 2022-154 appropriating $1,761,500 for the Parks and Public Safety Energy Efficiency Projects (Citywide) (Requires 5 Affirmative Votes)(Subject to Mayor’s Veto) Councilmember Arias moved this item to Consented Consent to request a list of projects that were still pending. City of Fresno ***Subject to Mayoral Veto Page 16 April 27, 2023City Council Meeting Minutes RESOLUTION 2023-128 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-X.ID 23-463 Actions pertaining to the disposal of vacated roadway properties associated with the State Route 99 Realignment Project (Council District 3): 1. ***RESOLUTION - Declaring a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector to be exempt surplus land (Subject to Mayor’s Veto) 2. RESOLUTION - Finding Good Cause and Clear and Convincing Benefit to the Public pursuant to Fresno Municipal Code section 4- 204, relating to the Disposition of Real Surplus Property being a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Requires 5 Affirmative Votes) 3. Approve the execution of the Property Transfer Agreement and authorize the Public Works Director or designee to execute the Property Transfer Agreement and associated Grant Deeds with Caltrans for the transfer of the Subject Properties Councilmember Arias moved this item to Consented Consent in order to make a motion to approve the item with the following amendment: to eliminate section "B" in the exhibit, which is the North Parkway Drive property. RESOLUTION 2023-130 ADOPTED AS AMENDED RESOLUTION 2023-131 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS City of Fresno ***Subject to Mayoral Veto Page 17 April 27, 2023City Council Meeting Minutes 10:00 A.M. #1 ID 23-617 Tax Equity and Financial Responsibility Act (TEFRA) public hearing. TEFRA HEARING - To hear and consider information concerning the proposed issuance of tax-exempt bonds by California Enterprise Development Authority for the purpose of financing the acquisition, construction, installation and equipping of a healthcare facility located at 4615 & 4623 North First Street, Fresno, California 93726 (the Facility) and paying certain costs of issuance in connection with such financing by United Health Centers of the San Joaquin Valley. 1. ***RESOLUTION - Approving the issuance by the California Enterprise Development Authority of not to exceed $10,000,000 aggregate principal amount of the California Enterprise Development Authority’s Revenue Bonds for the purpose of financing the cost of developing, constructing, installing, equipping and furnishing of a facility for the benefit of United Health Centers of the San Joaquin Valley and other matters relating thereto (Subject to Mayor's veto). The above hearing was called to order at 11:55 a.m. Upon call, there was no public comment for this item. The public comment period closed at 11:56 a.m. There was no staff presentation and no Council discussion. RESOLUTION 2023-132 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:00 A.M. #2 ID 23-640 Actions pertaining to the City of Fresno Airport Revenue Bonds: 1.TEFRA HEARING - Tax Equity and Fiscal Responsibility Act (TEFRA) to hear and consider information concerning the proposed issuance of tax-exempt bonds by the City of Fresno of exempt facility bonds for the purpose of financing various improvements at Fresno Yosemite International Airport 2. ***RESOLUTION - Authorizing the issuance, sale and delivery of City of Fresno Airport Revenue Bonds, Series 2023 Bonds, authorizing the execution and delivery of a fourth supplemental indenture, bond purchase contract, escrow agreement, continuing disclosure certificate, official statement, and related documents, and authorizing City of Fresno ***Subject to Mayoral Veto Page 18 April 27, 2023City Council Meeting Minutes certain other actions and the execution of certain other documents in connection therewith. (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) The above hearing was called to order at 11:56 a.m. Upon call, there was no public comment for this item. The public comment period closed at 11:58 a.m. Council discussion on this item included: the bond refinancing authority includes sufficient dollars to incorporate the expansion to the international terminal that the council previously requested; the design of the additional capacity in the international terminal, and the staff was congratulated for their hard work with the bond issuance and recognized the rating was a stable "A+." RESOLUTION 2023-133 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:05 A.M. ID 23-613 Actions pertaining to the 2023-2024 Annual Action Plan: 1. HEARING to obtain public comments regarding the Draft 2023- 2024 Annual Action Plan; and 2. ***RESOLUTION - Adopting the 2023-2024 Annual Action Plan; approving submission to the U.S. Department of Housing and Urban Development (HUD) for application of $6,897,161 Community Development Block Grant (CDBG), $3,578,083 HOME Investment Partnerships (HOME), $601,082 Emergency Solutions Grant (ESG), and $990,192 Housing Opportunities for Persons with AIDS/HIV (HOPWA) program funds; providing for subrecipient agreements; and Authorizing the City Manager to sign all implementing documents required by HUD as approved to form by the City Attorney (Subject to Mayor’s Veto) The above hearing was called to order at 2:38 p.m. Housing and Neighborhood Revitalization Manager Jenks and Planning Director Clark made the presentation to Council. Upon call, the following members of the City of Fresno ***Subject to Mayoral Veto Page 19 April 27, 2023City Council Meeting Minutes public addressed Council: Brandi Nuse-Villegas and Emily Brandt. The public comment period was closed at 2:45 p.m. Councilmember Arias motion to approve the item with the following amendment: the city will move $796,711 in the CBDG funds from the Parks, After School, and Senior programs to affordable housing development and land acquisition. Councilmember Arias clarified the City would still run the programs but would do so with existing city funds, not with CDBG funds. RESOLUTION 2023-134 ADOPTED AS AMENDED On motion of Councilmember Arias, seconded by Council President Maxwell, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 10:10 A.M.#1 ID 23-645 Appearance by Cruz Gonzales to discuss Kings Canyon Renaming Project. (District 4 Resident) Upon call, Cruz Gonzles addressed Council. APPEARED 10:10 A.M.#2 ID 23-646 Appearance by Community Compact to discuss rescinding the Kings Canyon renaming Resolution. (District 5 Resident) Upon call Pastor BT Lewis addressed Council on behalf of Community Compact. APPEARED 10:20 A.M. ID 23-673 HEARING to consider adoption of a resolution related to the designation of a property to the Local Register of Historic Resources 1. ***RESOLUTION - Designating the Sequoia Hotel /Fink & Skopp building located at 925-933 Van Ness Avenue, Fresno California to the Local Register of Historic Resources (APN46825403) (District 3) (Subject City of Fresno ***Subject to Mayoral Veto Page 20 April 27, 2023City Council Meeting Minutes to Mayor Veto). The above hearing was called to order at 2:46 p.m. Planning Director Clark made the presentation to Council. Upon call, the following members of the public addressed Council: Armen Devejian and James Sponslor. The public comment period was closed at 2:59 p.m. Councilmember Arias discussed the history of the building and recommended to deny the request to designate the building to allow the path to be clear for a new building to be built. Councilmember Arias motion to deny the historic designation in the local registry. MOTION TO DENY HISTORIC DESIGNATION APPROVED On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be DENIED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 3. GENERAL ADMINISTRATION 3.-A.ID 23-465 WORKSHOP - Annual Review of the Community Workforce Agreement (Project Labor Agreement) The above item was removed from the agenda by staff and tabled to May 11, 2023. TABLED 3.-B.ID 23-651 WORKSHOP - NLC Service Line Warranty Program by HomeServe The above workshop was presented to Council by Senior Director, Business Development Larry Byrne. Council discussion on this item included: the proposing optional insurance for residential customers at no cost to the city; what is the average cost to the homeowner, and if other companies offer the product. City of Fresno ***Subject to Mayoral Veto Page 21 April 27, 2023City Council Meeting Minutes PRESENTED 4. CITY COUNCIL 5. CLOSED SESSION During open session, City Attorney Janz announced the items that would be discussed in closed session. Council withdrew to closed session at 4:05 p.m. and returned to open session at 4:49 p.m. 5.-A.ID 23-658 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: Bakman Water Company v. City of Fresno The above item was removed from the agenda by the City Attorney's Office . TABLED WITH NO RETURN DATE 5.-B.ID 23-674 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant City of Fresno ***Subject to Mayoral Veto Page 22 April 27, 2023City Council Meeting Minutes Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Maxwell), City Attorney Investigator, City Clerk (City Negotiator, Council President Maxwell), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-C.ID 23-677 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-D.ID 23-52 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor City of Fresno ***Subject to Mayoral Veto Page 23 April 27, 2023City Council Meeting Minutes negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Clerk The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-E.ID 23-51 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED ADJOURNMENT The meeting adjourned at 4:59 p.m. City of Fresno ***Subject to Mayoral Veto Page 24 DRAFT MINUTES OF APRIL 27, 2023, SPECIAL MEETING 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 1:30 PM Council Chambers (In Person and/or Electronic) Thursday, April 27, 2023 Special Meeting The City Council met in special session in the Council Chamber, City Hall, on the date and time above written. The special meeting was held concurrently with a separately noticed regular meeting. ROLL CALL The special meeting was called to order at 1:33 p.m. Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - APPROVE AGENDA On motion of Vice President Perea, seconded by Councilmember Chavez, the above agenda was APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - ID 23-701 Notice of Special Meeting - Signed City of Fresno ***Subject to Mayoral Veto Page 1 April 27, 2023City Council Meeting Minutes OPEN SESSION A.ID 23-702 RESOLUTION - Amending the Better Business Act Providing an Exception for Affordable Housing, Senior Affordable Housing, and Mixed-Use Projects Benefitting the Public Health, Safety, and Welfare of the City The above item was discussed simultaneously with open session item B (ID 23-703) and introduced to the Council by Councilmember Chavez. Council discussion on these items included: applicability of the current Better Business Act to the Fancher Creek Town Center Development and affordable housing projects; the purpose of the proposed Better Business Act changes to expedite affordable housing projects; why the Act was being amended; the length of time to complete the report; the need for clarification as to whether the developer made a personal guarantee or utilized a performance bond; the Francher Creek project being100% affordable housing and the ability to adjust the Better Business Act moving forward; the possibility of utilizing ARPA funding; the projections established by the Better Business Act; the amount of money the City of Fresno has already invested in the Fancher Creek project and the amount of private investment in the project; the requirements found in the development agreement; how the City can step in to cover the cost which was determined to be the obligation of the developer; the history of the City covering some construction costs for projects, but not for connecting city roadways and utilities, and; the developer's assurance there will be no additional requests to cover costs for Bakman Water. Upon call, the following members of the public addressed Council: Emily Brandt; Lisa Flores; Westly Harris, and Shar Thompson. Councilmember Chavez motion to approve item A (ID 23-702) and item B (ID 23-703) with an amendment to Section 1 of item A as follows: projects that have a 100% affordable housing component for which the city is contributing funds from State or Federal allocations to fulfill required health and safety related conditions of approval shall be exempt upon the adoption of a finding by the council that the city contribution would benefit the public health, safety, and welfare. City of Fresno ***Subject to Mayoral Veto Page 2 April 27, 2023City Council Meeting Minutes RESOLUTION 2023-111 ADOPTED AS AMENDED FOR ITEM A (ID 23-702) RESOLUTION 2023-112 ADOPTED FOR ITEM B (ID 23-703) On motion of Councilmember Chavez, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - B.ID 23-703 ***RESOLUTION - Supporting a City Contribution of Funds to, or on Behalf of, FCTC Senior, LP for the Construction of Water Infrastructure Necessary to Meet Fire Suppression Requirements, in an Amount Not to Exceed $2,700,000, Associated with the Fancher Creek Town Center Development and Affordable Housing Projects therein (Subject to Mayor’s Veto) The above item was discussed simultaneously with open session item A (ID 23-7002) and was introduced to the Council by Councilmember Chavez. Council discussion on these items included: applicability of the current Better Business Act to the Fancher Creek Town Center Development and affordable housing projects; the purpose of the proposed Better Business Act changes to expedite affordable housing projects; why the Act was being amended; the length of time to complete the report; the need for clarification as to whether the developer made a personal guarantee or utilized a performance bond; the Francher Creek project being100% affordable housing and the ability to adjust the Better Business Act moving forward; the possibility of utilizing ARPA funding; the projections established by the Better Business Act; the amount of money the City of Fresno has already invested in the Fancher Creek project and the amount of private investment in the project; the requirements found in the development agreement; how the City can step in to cover the cost which was determined to be the obligation of the developer; the history of the City covering some construction costs for projects, but not for connecting city roadways and utilities, and; the developer's assurance there will be no additional requests to cover costs for Bakman Water. Upon call, the following members of the public addressed Council: Emily Brandt; Lisa Flores; Westly Harris, and Shar Thompson. City of Fresno ***Subject to Mayoral Veto Page 3 April 27, 2023City Council Meeting Minutes Councilmember Chavez motion to approve item A (ID 23-702) and item B (ID 23-703) with an amendment to Section 1 of item A as follows: projects that have a 100% affordable housing component for which the city is contributing funds from State or Federal allocations to fulfill required health and safety related conditions of approval shall be exempt upon the adoption of a finding by the council that the city contribution would benefit the public health, safety, and welfare. RESOLUTION 2023-111 ADOPTED AS AMENDED FOR ITEM A (ID 23-702) RESOLUTION 2023-112 ADOPTED FOR ITEM B (ID 23-703) On motion of Councilmember Chavez, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - ADJOURNMENT Council adjourned from special session at 2:38 P.M. City of Fresno ***Subject to Mayoral Veto Page 4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-732 Agenda Date:5/11/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:ANDREW JANZ, City Attorney City Attorney’s Office SUBJECT ***RESOLUTION - 44th Amendment to the Annual Appropriations Resolution (AAR) No. 2022-154 to Reappropriate $70,000 from the City Attorney/Code Department to the City Council Department (Requires 5 Affirmative Votes)(Subject to the Mayor’s Veto) RECOMMENDATION Attachment: Resolution City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 LC/MK 7-0 R. 2023-136 APPROVED ON CONSENT Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 44th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO REAPPROPRIATE $70,000 FROM THE CITY ATTORNEY / CODE DEPARTMENT TO THE CITY COUNCIL DEPARTMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: CITY COUNCIL DEPARTMENT General Fund $ 70,000 TO: CITY ATTORNEY/CODE DEPARTMENT General Fund $ (70,000) THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Appropriations: Account String: 1000-1001-0120-025-651101-01-1-0000-0000 $ 35,000 1000-1001-0120-025-651201-01-1-0000-0000 15,000 1000-1001-0120-025-656107-01-1-0000-0000 15,000 1000-1001-0120-025-859306-01-1-0000-0000 5,000 Total Appropriations $ 70,000 Account String: 1000-1001-1410-202-658200-14-6-0000-0000 $ (70,000) Total Appropriations $ (70,000) THAT the purpose is to reappropriate $70,000 from the City Attorney / Code Department to the City Council Department, specifically to District 8 Council City Support Unit. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-693 Agenda Date:5/11/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:HENRY THOMPSON, Director of Aviation Airports Department BY:MELISSA GARZA-PERRY, Airports Properties Manager Airports Department THROUGH:BRITTNEY VERROS, Airports Properties Supervisor Airports Department SUBJECT Actions related to the Lease Agreement with New Vision Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization, that runs a training center for careers in aviation for residents and youth from disadvantaged communities at Fresno Chandler Executive Airport (FCH). (Council District 3) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines. 2. Approve the Lease Agreement (Lease) with New Vision Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization, to continue operating a training center for careers in aviation for residents and youth from disadvantaged communities at FCH for a term of three (3) years. The amount of potential revenue generated by this Lease is $27,000.00, annually. Total anticipated revenue during the full term of the contract is approximately $81,000 plus annual CPI adjustments. (Council District 3) RECOMMENDATION Staff recommends that City Council adopt a finding of Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, and authorize the Director of Aviation, or designee, to execute this Lease with New Vision Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization, to continue operating on FCH’s airfield for a term of three (3) years. The amount of potential revenue generated by this Lease is $27,000.00 for the first year, plus an annual CPI adjustment. EXECUTIVE SUMMARY New Vision Aviation has been on the airfield at FCH through a relationship with the City of Reedley & Reedley College since 2018. Due to operating requirements, New Vision Aviation opted to enter into their own agreement and move from the former Buchner Hangar to the School of Aeronautics City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 MK/AP 6-0 LC ABSENT File #:ID 23-693 Agenda Date:5/11/2023 Agenda #: 1.-C. their own agreement and move from the former Buchner Hangar to the School of Aeronautics Building located at 540 West Kearney Boulevard.New Vision Aviation has been operating under a Temporary Use Permit (TUP)since December 13,2022.That TUP will sunset upon its expiration date of June 13,2023.This Lease will allow New Vision Aviation to continue running their training program at FCH’s airfield through June 13, 2026. BACKGROUND Joseph Oldham,President and CEO of New Vision Aviation,has helped bring positive attention to FCH through his work with electric planes and now his training program.Mr.Oldham originally started on the airfield with the City of Reedley and Reedley College,assisting with training for their aviation program.He then helped found the 501(C)3 organization,New Vision Aviation in March 2018.New Vision Aviation is dedicated to providing residents and youth from disadvantaged communities in the San Joaquin Valley with the opportunity to experience flight and begin training for careers in aviation.New Vision Aviation began leasing the current location of 540 West Kearney Boulevard (Leasehold)on December 13,2022 under a TUP.The Leasehold consists of approximately a 22,243 square foot parcel,which includes a 5,095 square foot hangar with office space.The starting monthly rent of $2,250.00 per month is based on an appraisal completed by AGI Valuations in June 2020.The rent will be adjusted annually based on the Consumer Price Index (CPI), beginning June 14, 2024. The City Attorney has reviewed and approved this Lease as to form. ENVIRONMENTAL FINDINGS This Agreement falls within the Class 1 Categorical Exemption for Existing Facilities set forth in the CEQA Guidelines,Section 15301 for existing facilities,as it involves no alteration of existing facilities, with no expansion of use,and will not result in any significant negative effects relating to traffic,noise, air quality or water quality.Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not implemented because this item is regarding an existing tenant that desires to continue operating at FCH. FISCAL IMPACT The potential revenue generated by this Lease will be $81,000.00,plus annual CPI adjustments.All revenue will be deposited into the Airports Enterprise Fund and will contribute to the operation and maintenance of FCH.There is no impact to the General Fund or ratepayers of the City of Fresno from this item. Attachments: -Lease Agreement for New Vision Aviation, Inc., at FCH. City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ FRESNO CHANDLER EXECUTIVE AIRPORT AVIATION LAND AND BUILDING LEASE & AGREEMENT Issued By CITY OF FRESNO, CALIFORNIA To NEW VISION AVIATION, INC., A 501(C)3 NON-PROFIT CHARITABLE ORGANIZATION DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 TABLE OF CONTENTS RECITALS ........................................................................................................................ 1 ARTICLE I: PROPERTY, TERM, RENT AND OTHER CHARGES .................................. 1 Section 1.01 Leased Premises or Premises. ............................................................... 1 Section 1.02 Term. .................................................................................................. 1 Section 1.03 Rent. ....................................................................................................... 2 Section 1.04 Other Charges......................................................................................... 4 Section 1.05 Taxes And Assessments. ........................................................................ 4 Section 1.06 Late Payment and Other Charges........................................................... 5 Section 1.07 Security Deposit. ..................................................................................... 5 ARTICLE II: OBLIGATIONS OF LESSOR ........................................................................ 6 Section 2.01 Covenant of Title. .................................................................................... 6 Section 2.02 Operation of Airport. ................................................................................ 6 Section 2.03 Maintenance And Repair. ........................................................................ 6 ARTICLE III – PRIVILEGES, USES, RIGHTS, INTERESTS AND OBLIGATIONS OF LESSEE............................................................................................................................ 7 Section 3.01 Acceptance of Leased Premises. ............................................................ 7 Section 3.02 Privileges, Uses, Rights And Interests. .................................................... 7 Section 3.03 Additional Improvements ......................................................................... 9 Section 3.04 Lessee's Maintenance and Repair Obligations. .................................... 12 Section 3.05 Utilities, Outside Storage, Disposable Waste, Control of Hazards and Nuisances, and Lessee's Responsibility Regarding Hazardous Substance ................ 13 Section 3.06 Observation of Governmental Regulations. .......................................... 18 ARTICLE IV - TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES ................ 22 Section 4.01 Early Termination. ................................................................................. 22 Section 4.02 Holding Over. ........................................................................................ 22 Section 4.03 Liquidated Damages. ............................................................................ 22 ARTICLE V -INDEMNIFICATION, EXEMPTION OF LESSOR, AND INSURANCE ....... 23 Section 5.01 Indemnification and Release. ................................................................ 23 Section 5.02 Exemption. ............................................................................................ 24 Section 5.03 Insurance. ............................................................................................. 24 ARTICLE VI - OPERATING STANDARDS .................................................................... 27 Section 6.01 Designation of Local Representative By Lessee. .................................. 27 Section 6.02 Quality of Service. ................................................................................. 27 Section 6.03 Hours of Operation. ............................................................................... 28 Section 6.04 Outside Storage. ................................................................................... 28 Section 6.05 Signs. .................................................................................................... 28 ARTICLE VII - DESTRUCTION OF IMPROVEMENTS ................................................. 29 Section 7.01 General. ................................................................................................ 29 Section 7.02 Definitions and Remedies. .................................................................... 29 ARTICLE VIII - ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER AND ASSIGNMENT BY DEED OF TRUST .................................................................... 30 Section 8.01 General. ................................................................................................ 30 Section 8.02 Assignment. .......................................................................................... 30 Section 8.03 Subleasing. ........................................................................................... 31 Section 8.04 Hypothecation, Transfer and Assignment By Deed Of Trust. ................ 32 ARTICLE IX - DEFAULT................................................................................................. 33 Section 9.01 Default By Lessor. ................................................................................. 33 DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Section 9.02 Default By Lessee. ................................................................................ 34 ARTICLE X - NOTICES .................................................................................................. 38 Section 10.01 Written Notices Required. ..................................................................... 38 Section 10.02 Lessee’s Address For Notices.............................................................. 38 Section 10.03 Lessor's Address for Notices. ............................................................... 38 Section 10.04 Time And Date of Service. ................................................................... 38 ARTICLE XI - GENERAL PROVISIONS ........................................................................ 38 Section 11.01 Executor's Authority. ............................................................................ 38 Section 11.02 Interpretation of Agreement . ............................................................... 39 Section 11.03 Waiver of Breach Of Covenants. .......................................................... 39 Section 11.04 Venue and Litigation. .......................................................................... 39 Section 11.05 Liens and Claims. ................................................................................ 40 Section 11.06 Successors and Assigns. .................................................................... 40 Section 11.07 Invalid Provisions................................................................................. 40 Section 11.08 Captions and Article/Section/Paragraph Numbers. ............................. 40 Section 11.10 Consents/Approvals. ........................................................................... 41 Section 11.11 Merger. ................................................................................................ 41 Section 11.12 Cumulative Remedies. ........................................................................ 41 Section 11.13 Prior Agreements................................................................................. 41 Section 11.14 Quiet Possession................................................................................. 41 Section 11.15 Time Of Essence. ................................................................................ 41 Section 11.16 Review/Examination of Lease. ............................................................ 42 Section 11.17 Accord and Satisfaction. ...................................................................... 42 Section 11.18 National Emergency and Condemnation/Eminent Domain. ................. 42 Section 11.19 Relationship of Parties. ........................................................................ 43 ARTICLE XII - SIGNATURE ........................................................................................... 44 Attachments: ................................................................................................................... 44 DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [1] LEASE AGREEMENT THIS LEASE agreement (Lease) is by and between the CITY OF FRESNO, a California municipal corporation (Lessor or City) and NEW VISION AVIATION, Inc., a 501(C)3 Non- Profit Charitable Organization; RECITALS WHEREAS, Lessor owns and operates the Fresno Chandler Executive Airport (Airport), located in the City of Fresno, County of Fresno, State of California; and WHEREAS, on December 15, 2022, acting by and through the City’s Director of Aviation, the City of Fresno, a municipal corporation, entered into a 6 month Temporary Use Lease effective December 13, 2022 and expires June 13, 2023; and WHEREAS, Lessee wishes to continue operating as a training center for careers in aviation for residents and youth from disadvantaged communities using the property located at 540 W. Kearney Boulevard, Fresno, California 93706 (Premises), at the Airport and the Lessee is requesting permission/desires to enter into a Ground Lease upon the terms and conditions herein; and WHEREAS, Lessor has determined it is in the City’s best interest to enter into this Lease with Lessee. NOW THEREFORE, the parties agree as follows: AGREEMENT This Lease is subject to the terms, covenants, conditions, agreements, warranties, and provisions herein contained and Lessee expressly covenants and agrees, as a material part of the consideration for the Lease, that Lessee shall fully and faithfully comply with, keep, perform and/or observe each and every term, covenant, condition, agreement, warranty, and/or provision hereof to be complied with, kept performed, and/or observed by Lessee. ARTICLE I: PROPERTY, TERM, RENT AND OTHER CHARGES Section 1.01 Leased Premises or Premises. The leased Premises consists of a total of 22,243 square feet; City-owned Bldg. No. FBO - 2 and Lease Lot 7 and F-3 located at 540 W. Kearney Blvd. Fresno, CA, as depicted in Exhibit A, attached hereto and made a part hereof. Section 1.02 Term. A. The term of this Lease shall be for the three-year period commencing June 14, 2023, and ending June 13, 2026, unless terminated earlier in the manner and DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [2] under the conditions herein provided. Either party may terminate this Lease at any time and without cause by serving written notice upon the other party no less than thirty days before such termination is to be effective. B.First Option: Lessor hereby grants to Lessee a First option to extend the term of this Lease for a period of one year from and after the ending date of the term specified in Paragraph “A” of Section 1.02 of this Lease. The First option shall be exercised by Lessee by service of written notice upon Lessor of Lessee’s exercise of the First option, which notice shall be served by Lessee with sufficient timeliness so as to be received by Lessor a minimum of 90 days prior to the ending date of the term of this Lease as set forth in Section 1.02(A). Upon receipt of the written notice by Lessor, the term of this Lease shall then be extended for an additional five-year period, and the parties shall be bound by all of the terms, covenants, and conditions during the additional period. Failure by Lessee to exercise the First option right shall operate to terminate the Second option right granted Lessee in Section 1.02(C) of this Lease. C.Second Option: In the event Lessee exercised the First option within Section 1.02(B) of this Lease, Lessor grants to Lessee a Second option to further extend the term of this Lease for an additional period of one year from and after the ending date of the term hereof, as extended by Lessee’s exercise of that First option provided in Section 1.02(B) of this Lease. The Second option shall be exercised by Lessee by service of written notice upon Lessor of Lessee’s exercise of the Second option, which notice shall be served by Lessee with sufficient timeliness so as to be received by Lessor a minimum of 90 days prior to the ending date of the term extended by Lessee’s exercise of the First option as set forth in Section 1.02(B). Upon receipt of the Second notice by Lessor, the term of this Lease shall then be extended for an additional five-year period and the parties shall be bound by all of the terms, covenants, and conditions during the second additional period. Section 1.03 Rent. Definition: (Rent) shall mean all monetary obligations of Lessee to Lessor under the terms of this Lease. A.Net Agreement. This is a Net Agreement with respect to monthly base rent, fees and charges paid to Lessor by Lessee. Lessee shall, at Lessee's cost and expense, in addition to the Rent, fees and charges set forth herein, pay all costs and expenses associated with Lessee's occupancy and use of the Premises and with the activities and operations conducted thereon/therefrom pursuant to this Agreement, including but not limited to those certain activities and operations described herein. B. Base Rent. Amount and Due Date: Commencing June 14, 2023, then continuing monthly thereafter, Lessee shall pay to Lessor rent in the amount of $2,250.00 per month, which was recently determined to be the Fair Market Rental Value of Premises, such Rent will DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [3] be due and payable on or before the 1st day of the month for which due, without notice. The Rent due hereunder for any period less than a full calendar month shall be prorated. C. Base Rent Adjustment. Annually, commencing June 14, 2024, then on June 14 each and annually thereafter, the Base Rent will increase by the same percentage as the percentage change, with a maximum of 5.00% with any percentage increase over the 5% maximum, shall be carried over to the next year for adjustment, in the U.S. Department of Labor, Bureau of Labor Statistics (USDLBLS) Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (all items, U.S. city average) from January 1 to December 31 during the last full calendar year prior to the scheduled rent adjustment date. The amount of all such annual adjustments shall be determined in the manner illustrated within Exhibit C "Illustration of Annual Rental Adjustment Computation", attached hereto and made a part hereof. At no time shall the Base Rent decrease below the initial rate listed in Section 1.03(B) above. The base year for the first-year adjustment (year two of the Lease) shall be the CPI calendar year 2023. 1. Throughout the term of this Lease including any available option or holding over periods, the amount of the monthly Base Rent to be paid to Lessor by Lessee shall be subject to increase only. The increased amount will become the new Base Rent and Utilities Rent each year respectively and will be calculated as stated above in Section 1.03(C). 2. Retroactive Rent Adjustment: In the event any annual rent adjustment computation shall, for any reason whatsoever, be delayed beyond the Scheduled Adjustment Date, Lessee shall continue paying the existing monthly base rent amount (i.e., the amount being paid immediately prior to the Scheduled Adjustment Date) when due until the new rental rate is finally determined by Lessor. a. Any rent adjustment due as a result of any such late computation shall apply and be paid by Lessee retroactively as of the Scheduled Adjustment Date for which any such late computation shall be applicable. b. When any such late computation results in an increase in the monthly rent, Lessee shall pay the difference between the new rate and the old rate, for each of the months commencing with the Scheduled Adjustment Date during which the new rent amount shall have been in effect, along with the next due monthly rent payment. 3. 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. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [4] City of Fresno Airports Department Attn: Airports Accounting 4995 E. Clinton Way Fresno, CA 93727 Section 1.04 Other Charges. A. Airport Use Fees/Charges Nothing contained in this Lease shall be deemed to relieve Lessee, any employee of Lessee, or any one or more of Lessee's tenants, sub-Lessees, customers, invitees, successors, assigns, or any other person or entity whomsoever, from payment of such other fees and charges as may legitimately accrue to Lessor pursuant to any Ordinance(s) and/or Resolution(s) of the City Council of Lessor in effect on the start date of the term hereof or as such may be passed/adopted and placed into effect by said Council, at any time and from time to time, during the term of this Lease, including, without limitation: 1. Airport use fees and/or charges as are levied generally by Lessor directly upon the operations of aircraft, including, without limitation, aircraft landing fees and aircraft storage fees resulting from use of the public, common-use areas/facilities of the Airport under the direct control of Lessor; 2. Miscellaneous fees and/or charges (including, without limitation, fees/charges for Airport security badges, copies of public documents [including extra copies of this Lease], returned check charges, etc.) as are generally assessed by Lessor against members of the general public and/or Lessees, tenants, and/or other users of Airport Premises and/or facilities. B. Reimbursement for Insurance and other Lessor Expenses. Lessee shall pay and nothing within this Lease shall be deemed to relieve Lessee, any employee of Lessee, or any one or more of Lessee's tenants, sub-Lessees, customers, invitees, successors, assigns, or any other person or entity whomsoever, from payment of such other fees and charges as may legitimately incurred by Lessor pursuant to Lessor’s ownership of the Premises including but not limited to the pro-rata portion of the Fire and Extended Coverage insurance policy covering the subject Premises. C. Effect of Failure to Pay Fees/Charges. Any failure by Lessee to pay any and all airport use fees, and/or miscellaneous fees and charges to Lessor (as additional rent), as and when due to be paid to Lessor thereby, shall constitute a default on the part of Lessee under this Lease. Section 1.05 Taxes and Assessments. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [5] In addition to the rentals, fees, and charges herein set forth, Lessee shall pay, as and when due (but not later than fifteen 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 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 Lessee hereunder1. Section 1.06 Late Payment and Other Charges. A. Late Payment Charge. Should any installment of rent or other payment of fees accruing under the provisions of this Lease not be paid as and when due, a late payment charge equal to the lesser of one and one-half percent (1.5%) of the total overdue amount, or the maximum amount allowable by law, shall be charged on a monthly compounded basis from the date when the payment was due until full amount of the late payment(s) and accrued late charges are received by Lessor. The minimum charge per month shall be one dollar ($1.00). B. Best Estimate of Damage. Lessee and Lessor recognize that the damage which Lessor shall suffer as a result of Lessee's failure to pay rent and/or other sums when due is difficult to ascertain, and therefore agree the above said late charge is the best estimate of the damage which Lessor shall suffer in the event of Lessee's late payment. C. Change to Late Payment Charge. It is expressly stipulated that the amount of the Late Payment Charge (above) may, at any time and from time to time during the term of this Lease, be changed by ordinance/ resolution passed/adopted by the City Council of Lessor when, in said Council's opinion, economic conditions and/or other relevant facts and/or circumstances may reasonably warrant such action. D. Non-Relief from Payment. Nothing within this Lease contained shall be deemed to relieve Lessee from payment of rent or other sums at the time and in the manner herein provided. Section 1.07 Security Deposit. 1 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. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [6] A.Due Date, Type and Amount of Security Deposit. Lessee has provided Lessor, and shall thereafter maintain during the term of this Lease, a valid security deposit in an amount equal to $1,460.00. This deposit guarantees 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. B.Form of Deposit. The security deposit shall be in one of the following forms: 1.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 2.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 3.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 4.A Cash Deposit (Lessor shall not be obligated or required to pay and shall not pay any interest whatsoever). C.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. ARTICLE II: OBLIGATIONS OF LESSOR Section 2.01 Covenant of Title. Lessor warrants and covenants that it has full right and authority to enter this Lease and that all things have happened and been done to make its granting of said Lease effective. Section 2.02 Operation of Airport. 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. Section 2.03 Maintenance and Repair. A.Lessor shall be obligated to repair and maintain only the foundation, exterior walls, and exterior roof of the Premises. Provided, however, if the need for such maintenance and repairs is caused, in whole or in part, by the act, neglect, fault or omission of any duty by Lessee, its agents, employees, and/or invitees, or by DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [7] breaking and entering, in which event(s) such maintenance and repairs shall be the obligation of Lessee at Lessee's cost and expense. B.Lessee shall provide maintenance service for any landscaped areas located on the Premises during the term of this Lease. Such services shall be performed by Lessee at no cost to Lessor and shall include and be limited to the following: 1.Cutting of grass as and when the need therefore arises; and 2.Removal of grass/weeds from shrubbery beds as and when the need therefore arises; and 3.Pruning of trees/shrubs as and when the need therefore arises; and 4.Maintenance of the existing sprinkler system and supplying irrigation water to the landscaped area. C.Lessor shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need of such repairs or maintenance is given Lessor by Lessee. There shall be no abatement of rent and no liability of Lessor by reason of any injury to Lessee's business or any interference with Lessee's uses of the Premises arising from Lessor's making any repairs and/or performing any maintenance in/on/to/for either the Premises or any of the improvements located therein/thereon or any appurtenances thereto. Lessor shall not be responsible in any way whatsoever for any acts or omissions on the part of any sub-Lessees, tenants, and/or any other third parties. D.During the term hereof, Lessor shall not, under any circumstances, be obligated to make any alterations, additions, or modifications in, on or to any part or all of the Premises or in, on or to any one or more of the improvement(s) located therein or thereon, or to any of the facilities appurtenant thereto, as said premises, improvements and appurtenant facilities exist(ed) at the time this Lease was entered into or as such may exist, at any time and from time to time, during the term hereof. ARTICLE III – PRIVILEGES, USES, RIGHTS, INTERESTS AND OBLIGATIONS OF LESSEE Section 3.01 Acceptance of Leased Premises. Lessee hereby accepts each and every part of the Premises, together with any and all of the improvements located in and on same, and all of the facilities appurtenant thereto, in their present "As Is" condition as of the commencement date of the term of this Lease. Section 3.02 Privileges, Uses, Rights and Interests. Lessee shall use the Premises in support of and in connection with the business of operating a SASO and as doing such, shall comply with the Minimum Standards for Fresno Chandler Executive Airport, see Exhibit D, attached hereto and made a part hereof, and approved by the City of Fresno City Council including any future DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [8] changes/alterations approved by the City Council. Any use that is not directly aviation- related is prohibited. A. Use of Public Facilities: Together with occupancy and use of the Premises and subject to any and all of the covenants, conditions, terms, agreements, and provisions of this Lease, during the term hereof, Lessee shall have the use, in common with others, of all public airport facilities and improvements as such exist(ed) on the commencement date of the term hereof or as such may exist at any time and from time to time during the term of this Lease. 1. For the purposes of this Lease, "public airport facilities and improvements" includes, but is not limited to, approach areas, runways, taxiways, roadways, sidewalks, navigation and navigation aids, lighting facilities or other things of a public use nature appurtenant to Airport. 2. Lessee's right to use said public airport facilities in common with others shall be exercised only subject to and in accordance with the laws of the United States of America and the State of California and any and all applicable rules and regulations promulgated by their authority, and in accordance with any and all applicable rules, regulations and ordinances of Lessor as any and all such laws, rules and/or regulations exist(ed) on the commencement date of the term hereof or as any and all of such may exist, at any time and from time to time, during the term of this Lease. 3. None of the foregoing provisions of this sub-section of this Section of this Article shall be deemed to relieve Lessee and its tenants, sub-Lessees, patrons, invitees, successors, assigns, and/or any other person or entity whomsoever from payment of such Airport use fees and/or charges as are levied generally by Lessor directly upon the operations of aircraft, including, without limitation, aircraft landing fees and aircraft storage fees resulting from use of the public, common-use areas of the Airport under the direct control of Lessor, nor shall anything herein contained be deemed to relieve any one, more or all of aforesaid persons or entities from payment of such fuel flowage fees as are generally levied by Lessor upon fuel delivery, storage and dispensing operations on the Airport, as and when such airport use fees and/or fuel flowage fees shall legitimately accrue to Lessor pursuant to any Ordinance(s) and/or Resolution(s) of the City Council of the City of Fresno (Council) either in effect on the start date of the term hereof or as may be adopted and placed into effect by said Council at any time and from time to time during the term of this Lease. B. Premises Access Control: Any control over access to/from the leased Premises shall be the responsibility of Lessee. City shall have no responsibility whatsoever in this matter. C. Airport Access Control: Any control over access to/from the Airport shall be the City. The City requires Lessee’s employees or volunteers who work at Fresno DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [9] Chandler Executive Airport included under the terms of this Agreement to undergo additional background checks, including but not limited to: a Department of Motor Vehicles - DDL check, Department of Justice - Bureau of Criminal Identification (BCID) fingerprint check, Customs and Boarder Protection (CBP) check, and a FBI fingerprint check; such services will be performed at Tenant’s cost. The City’s Badging Application and list of disqualifying crimes is included in this Agreement as Exhibit F. The Lessee’s employees shall be subject to and shall at all times conform to the City's security rules and requirements and shall cooperate with City Police and Security personnel. Any violations or disregard of these rules may be cause for denial of access to the City of Fresno's property. Section 3.03 Additional Improvements Lessee shall not make any structural changes, alterations, additions, or modifications to any of additional improvement(s) located in or on the Premises at any time during the term of this Lease, or construct or install any new improvements therein or thereon (except industrial improvements, trade fixtures and office improvements made/installed pursuant to the provisions of this Lease , below), or enter into any contract for the making of any one or more of such, without the prior written consent/ approval of Lessor’s Airport Director (Director). Any and all improvements of any kind made or constructed or installed in or on said Premises for any reason shall comply with all government regulations as set forth in this Article below and shall be made by Lessee at Lessee’s sole cost and expense. A. In the event Lessee shall either make any structural changes, alterations, additions, or modifications to the Premises or to any improvement(s) constructed/installed/located therein or thereon, or construct, install, and/or place any new improvement(s) therein or thereon without Director's prior written consent and/or approval, Lessor may require that Lessee remove any or all of such at Lessee's cost and expense. B. Any and all changes, alterations, additions, modifications, and/or improvements that Lessee shall desire to make to the Premises which, pursuant to any provision hereof, requires the consent/approval of Director, shall be presented to Director in written form together with two (2) sets of proposed detailed plans. C. In each and every instance, the Director's written consent to and/or approval of any such alterations, additions, modifications, and/or improvements shall be deemed conditioned upon Lessee's full and faithful compliance with the provisions of this Lease, below. D. Lessee shall neither remove, waste, destroy and/or structurally modify any of the improvements located on the Premises upon the commencement date hereof or constructed/installed/placed therein/thereon at any time during the term of this lease; nor shall Lessee suffer or permit the removal, waste, destruction and/or structural modification thereof by any other person or entity, except as expressly DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [10] authorized, permitted, and/or provided for within this Lease. Any removal, wasting, destruction and/or structural modification of any improvement(s) shall be subject to any and all of the terms, covenants, conditions, stipulations, warranties, agreements, and/or provisions contained in or applicable to this Lease. E.Ownership and Disposition of Improvements. All improvements which may be made to the Premises by Lessee at any time and from time to time during the term of this Lease shall, upon completion, be owned by and remain the property of Lessee throughout the term of this Lease. At the end of the term of this Lease (and any extensions), or upon early termination by Lessor, all of the improvements erected, constructed, and/or placed in, on or upon the Premises by Lessee at any time during the term hereof shall become part of the realty and the property of Lessor; and, upon such improvements becoming part of the realty and the property of Lessor, Lessee shall: 1.Within thirty days following the date on which such improvements become part of the realty and the property of Lessor, execute and provide Lessor with a valid bill of sale, transferring all rights, title, interests and ownership in and to such improvements to Lessor, and Lessee shall not be entitled to any remuneration or other consideration whatsoever from Lessor for the value, if any, of such improvements; and 2.Such improvements shall be given over to Lessor free and clear of any and all encumbrances, liens, claims, or demands of any nature or description whatsoever, except for any then still outstanding loan obtained by Lessee and used to finance the cost of such improvements and secured by a recorded Deed of Trust where such loan shall have been obtained by Lessee and made by a Lender pursuant to and in full conformity with the provisions of this Lease applicable to such loans, in which event, the matter of such outstanding loan balance and the existence and disposition of such a Deed of Trust shall be governed by the provisions of this Lease. 3.If, for any reason whatsoever, Lessee shall fail to provide Lessor with any bill(s) of sale pursuant to the provisions of the immediately preceding paragraphs "i" and "ii", such failure shall not, in any way whatsoever, invalidate Lessor's claim of ownership of any such improvements or trade fixtures or delay Lessor's acquiring ownership thereof pursuant to the provisions of this Article and ownership of such shall vest in Lessor, as and when required by this Lease, to the same force and effect as would exist had Lessee provided Lessor with such bill(s) of sale; however, nothing within this paragraph "iii" contained shall relieve Lessee of its obligation to provide any such bill(s) of sale to Lessor, as and when required by any of the provisions of this Lease. F.Industrial Improvements. Lessor hereby grants to Lessee the right, at any time and from time to time during the term hereof, to make, install and/or affix in or on DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [11] any buildings located on the Premises, installations and improvements of a type necessary for such purposes as are consistent with those certain uses of the Premises, hereof, such installations and improvements being hereinafter called "Industrial Improvements". "Industrial Improvements" shall include firefighting equipment (such as hose reels and extinguishers) and installation of such air distribution lines or additional electrical conduit, outlets, and lighting fixtures, natural gas lines, or water piping, as may be necessary therefor. G. Trade Fixtures. Lessor hereby grants to Lessee the right, at any time and from time to time during the term hereof, to make improvements of an easily detachable/removable nature, in any buildings located on the Premises and to place, install and/or affix in, to, or on same "Trade Fixtures", including the right to make any necessary minor alterations in said buildings to accommodate such fixtures. Trade fixtures shall include machinery and equipment, jigs and fixtures, racks and bins, handling equipment and devices, tools, etc. H. Office Improvements. Lessor hereby grants to Lessee the right, at any time and from time to time, to make, in any building(s) located on the Premises, temporary, detachable installations and improvements of a type necessary for general office purposes, hereinafter called "Office Improvements". Office improvements shall be limited to installation of additional electrical conduit and outlets, light fixtures, shelving, counters, carpets, and drapes. I. Limitation on Industrial Improvements/Trade Fixtures/Office Improvements. As respectively defined within paragraphs "f", "g" and "h" of this sub-section B (collectively “ITO Improvements”), above, shall not include: (1) any installations or improvements which by their removal shall materially damage or destroy any part of the Premises, or (2) any other installations or improvements which become part of the realty and the property of Lessor at the end of the term hereof pursuant to any of the provisions of this Lease. J. Ownership of ITO Improvements. All ITO Improvements placed in or on the Premises by Lessee during the term of this Lease shall be and remain the property of Lessee throughout the term hereof, and Lessee shall have the right to remove any and all such improvements and/or trade fixtures within the fifteen calendar day period immediately following the end of the term hereof; or, in the event of any holding over by Lessee pursuant to the holding over provisions hereof, within the same period of time following the end of any such holding over period. Any ITO Improvements which are not removed by Lessee during the period of time allowed therefor shall, at 12:00:01 a.m., on the next day following the end of such period, at the option Lessor become part of the realty and the property of Lessor, free and clear of any and all liens, claims and/or demands whatsoever. Should Lessee remove any ITO Improvements, as provided, Lessee shall be responsible for returning the Premises to the condition existing prior to their installation. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [12] K. Transfer of Ownership of ITO Improvements to Lessor at the Expiration of the Term of This Lease. Upon any ITO Improvements becoming part of the realty and the property of Lessor pursuant to any of the provisions of this Article, above, transfer of ownership thereof to Lessor shall be effected pursuant to the provisions of this sub-section, below. 1. Within thirty days following the date on which any such improvements or trade fixtures become part of the realty and the property of Lessor, Lessee shall execute and provide Lessor with a valid bill of sale, transferring all of Lessee's rights, title, and interests in and to such improvements or trade fixtures to Lessor, and neither Lessee nor any other party whomsoever shall be entitled to any remuneration or other consideration whatsoever from Lessor for the value, if any, thereof. 2. Any and all such ITO Improvements shall be given over to Lessor by Lessee free and clear of any and all encumbrances, liens, claims, and/or demands of any nature or description whatsoever, except for any then still outstanding loan obtained by Lessee and used to finance the cost of any such improvements and secured by a recorded Deed of Trust where such loan shall have been obtained by Lessee and made by a Lender pursuant to and in full conformity with the provisions of this Lease, in which event, the matter of any such outstanding loan balance and the existence and disposition of any such a Deed of Trust shall be governed by the provisions of this Lease. 3. If, for any reason whatsoever, Lessee shall fail to provide Lessor with any bill(s) of sale pursuant to the provisions of the immediately preceding paragraphs "a" and "b", such failure shall not, in any way whatsoever, invalidate Lessor's claim of ownership of any such improvements or trade fixtures or delay Lessor's acquiring ownership thereof pursuant to the provisions of this Article and ownership of such shall vest in Lessor, as and when required by this Lease, to the same force and effect as would exist had Lessee provided Lessor with such bill(s) of sale; however, nothing within this paragraph shall relieve Lessee of its obligation to provide any such bill(s) of sale to Lessor, as and when required by any of the provisions of this Lease. Section 3.04 Lessee's Maintenance and Repair Obligations. A. Lessee's Obligations Regarding Repair and Maintenance of the Chandler Premises. Lessee shall be solely responsible for and expressly agrees at all times during the term of this Lease, at Lessee's own cost and expense, keep and maintain the Premises and all buildings, structures, paved surfaces, security fences, any security gates installed by Lessee, and any and all other improvements constructed, installed, and/or located in and/or on said Premises in good order and DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [13] repair, free of weeds and rubbish, and in a clean, sanitary, sightly, and neat condition (Lessor shall have no obligation to provide any services whatsoever in this regard); and at Lessee’s sole expense maintain, repair, and/or provide the premises and any and all facilities and other improvements in full compliance with any and all building, fire, safety, and environmental codes, ordinances, statutes, standards, rules, regulations and/or requirements of any and all federal, state, county and/or municipal governmental entities which may, at any time and from time to time during the term hereof, be required by law to facilitate the commencement and/or continuation of the use(s) thereof for such purposes as are authorized hereunder. B.Lessor's Right to Enter. Lessor's representatives shall have the right to enter upon all or any part of the Premises at any and all reasonable hours on any day of the week for the purpose of inspecting same or for the purpose of making any required repairs thereto and performing any required maintenance thereon. Lessor agrees to provide Lessee with a minimum of ten days’ notice in advance of any formal inspection of the Premises and prior to the making of any required repairs thereto, except in cases of emergency wherein no advance notice will be required. C.Repairs by Lessor at Lessee's Expense. 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 by Lessor to Lessee of a statement of such cost, or if no further rental installments are then payable, within thirty days following submission by Lessor of any such statement. Section 3.05 Utilities, Outside Storage, Disposable Waste, Control of Hazards and Nuisances, and Lessee's Responsibility Regarding Hazardous Substance A.Utilities. 1.During the term hereof, Lessee shall make its own arrangements for and pay all charges for water, sewer, gas, electricity, telephone, trash collection and other utility service(s) (Utilities) supplied to and used on the Premises. All such charges shall be paid before delinquency, and Lessor and the Premises shall be protected and held harmless by Lessee therefrom. Should Lessee make arrangements for any Utilities through the City's DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [14] 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 all such services provided to the 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 hereby 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 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 at Lessee's own cost and expense. 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. B. Disposable Waste: 1. Solid Waste: Lessee, at Lessee's own cost and expense, shall provide a complete and proper arrangement, in compliance with all ordinances of City, for the adequate, slightly, sanitary handling and disposal, away from Airport, of all solid waste caused as a result of any and all activities conducted on the Premises. Lessee shall provide and use suitable covered receptacles for discarded machinery or parts and any other solid commercial and/or industrial wastes and/or other refuse. The area in which said waste receptacles are stored shall be kept clean and free of all trash and debris. The temporary piling of boxes, cartons, barrels or other similar items, in an unsightly manner, on or about the Premises, pending removal and disposal thereof, is prohibited. 2. Liquid Waste: Lessee shall at all times comply with any and all applicable laws, ordinances, rules, regulations or orders of any and all governmental agencies having jurisdiction over storage, transport, treatment or disposal of liquid waste; and Lessee agrees that it shall neither conduct nor suffer or permit the conducting of any activity(ies) in/on the leased Premises which shall be in violation thereof, and Lessee shall ensure that no untreated liquid waste, from any type of operation/activity conducted/engaged in on the Premises, is allowed to enter any storm drainage system, sanitary sewer system, and/or aquifer. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [15] C.Control of Hazards and Nuisances. Lessee shall, at all times, keep the Premises and each and every part thereof in a neat, clean and orderly condition, and shall prevent the accumulation of, and shall maintain said Premises free from, any refuse or waste materials which might be or constitute a potential health, environmental, or fire hazard or public or private nuisance. Lessee shall neither conduct nor suffer or permit the conducting of any activity on the Premises which either directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, dust, etc.); water pollution; light, glare, or heat; electronic and/or radio emissions interfering with any navigational or communications facilities/operations associated with the operation of the airport and/or its use by aircraft; trash or refuse accumulation; or any other activity/operation which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission. D. Lessee's Responsibility Regarding Hazardous Substances. 1.Definition: The term "Hazardous Substances", as used in this Lease, shall include, without limitation, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. 2.Restrictions: Lessee shall not cause or permit to occur: a.any violation of any federal, state, or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions in, on, under or about the Premises, or arising from Lessee's use(s) or occupancy(ies) thereof, including, but not limited to, soil and ground water conditions; or b.the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Substance in, on, under or about the Premises, or the transportation to or from the Premises of any Hazardous Substance, except where Lessor's advance written consent to any such use, generation, release, manufacture, refining, production, processing, or storage shall have been requested in writing and received by Lessee. Any and all such consents of Lessor shall be deemed given subject to and conditioned upon Lessee's fully and faithfully complying with any and all federal, state, or local statutes, laws, ordinances, rules and/or regulations, now or hereafter enacted, applicable to the use, generation, manufacture, refining, production, DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [16] processing, transport, transfer, storage, and/or sale of that/those Hazardous Substances to which any such consent of Lessor may, in any way whatsoever, be deemed to apply. c. Lessor's consent/approval shall not be required for the use, storage and disposal of materials/supplies containing hazardous substances where such materials/supplies shall be lawfully available to BOTH the general public and Lessee through commercial retail outlets so long as: i. such materials/supplies are NOT for "RESALE", are obtained periodically but frequently enough to preclude the storage of unreasonable quantities of such on the Premises, and are for use by Lessee or Lessee's employees, agents, representatives, contractors, or sub-contractors in the performance of Lessee's normal day-to-day and/or periodic housekeeping and routine, recurring maintenance activities on the Premises (e.g., commercial cleaning products [soaps/detergents/solvents], furniture and floor waxes, landscape fertilizers, weed/pest killers, products normally used in the Lessee's industry, etc.); and ii. so long as the use, storage and disposal of any and all of such materials/supplies shall be in full compliance with any and all federal, state and local statutes, laws, ordinances, codes, rules and regulations applicable thereto now or hereafter enacted (including, without limitation, any and all Occupational Safety and Health statutes, laws, codes, rules and regulations of the Federal Government and the State of California). 3. Environmental Clean-up. a. Throughout the term of this Lease, Lessee shall, at Lessee's cost and expense, comply with any and all federal, state and local statutes, laws, ordinances, codes, rules and regulations regulating the use, generation, storage, transportation, or disposal of Hazardous Substances (Laws). b. Lessee shall, at Lessee's cost and expense, make all submissions to, provide all information required by, and comply with any and all requirements of any and all governmental authorities (the "Authorities) under the Laws. c. Should any Authority or any court of competent jurisdiction demand that a cleanup plan be prepared and that a cleanup be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Lease, at, on, or from the Premises, or which arises at any time as a result of Lessee's use(s) or occupancy(ies) of the Premises, then Lessee shall, at Lessee's cost and DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [17] expense, prepare and submit the required plans and all related bonds and other financial assurances and carry out all such cleanup plans in a timely manner. d. Lessee shall promptly provide all information regarding the use, generation, storage, transportation, or disposal of Hazardous Substances that is requested by Lessor. If Lessee fails to fulfill any duty imposed under this Article within a reasonable period of time following service of proper notice, Lessor may do so; and, in such case, Lessee shall cooperate with Lessor in order to prepare any and all documents Lessor deems necessary or appropriate to determine the applicability of the Laws to the Premises and Lessee's occupancy(ies) and/or use(s) thereof, and for compliance therewith, and Lessee shall execute any and all such documents promptly upon Lessor's request. No such action by Lessor and no attempt made by Lessor to mitigate damages under any law shall constitute a waiver of any of Lessee's obligations under this article. 4. Indemnification: Lessee shall indemnify, defend, and hold harmless Lessor, Lessor's officers, agents, employees, and volunteers from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith (including reasonable attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Substances that occurs at any time during the term of this Lease as a result of any and all use(s) and/or occupancy(ies) of said Premises by Lessee or any employee, representative, agent, contractor, sub-contractor, supplier, customer, guest, invitee, tenant or sub-Lessee of Lessee, or as a result of Lessee's failure to provide any or all information, make any or all submissions, and take any and all steps required by any or all Authorities under the Laws and any and all other environmental laws. 5. Lessee's Obligations/Liabilities Surviving Expiration of Lease: Lessee's obligations and liabilities under this sub-section E, shall survive the expiration of the term of this Lease. E. Reports. 1. Statistical / Operational Reports: At the request of Lessor, Lessee shall provide Lessor with reports, on forms supplied by Lessor or in a form acceptable to Lessor, showing in such detail and breakdown of information as Lessor may reasonably require concerning Lessee's operations at the Airport. a. Such reports shall be submitted by Lessee with sufficient timeliness so as to be received by Lessor on or before the tenth calendar day of the month following the request for the report and shall be DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [18] submitted to Lessor at Lessor’s address for Notice as set forth below. 2.Special Informational Reports: If, as and when, requested by Lessor, Lessee shall also provide Lessor with periodic and/or as required special informational reports concerning: (1) the names, mailing addresses, and telephone numbers of all of Lessee's customers at Airport; (2) the services being provided the public by Lessee and any and/or all tenants and/or sub- Lessees of Lessee at Airport; (3) the number of aircraft t-hangars, aircraft shelters, and/or the number of outside aircraft tie-down and/or storage spaces being made available by Lessee and/or any and all sub-Lessees of Lessee for sub-lease/rental by the public and the rental rates charged therefor; (4) the N-number of airplanes stored at the Premises; and (5) such other operational information as Lessor may, at any time and from time to time, reasonably require during the term hereof. Lessee shall provide Lessor with any and all such Special Informational Reports within seventy- two (72) hours where Lessor shall request such report be provided by telephone, or within ten days where Lessor requests such report in writing. In the event any such special informational report is requested to be submitted in writing, it shall be submitted to the address specified by Lessor at the time such report is requested. F.Lessor Held Harmless. Lessee agrees to protect and hold harmless Lessor, the Premises and any and all improvements located therein or thereon and any and all facilities appurtenant thereto and any and all other property(ies) located therein or thereon and any and all of Lessor's interest(s) in and/or to said Premises, improvements, appurtenant facilities, and/or other property(ies), from any and all such taxes and assessments, including any and all interest, penalties and other expenses which may be imposed thereby or result therefrom, and from any lien therefor or sale or other proceedings to enforce payment thereof. G. Lessee's Right to Appeal. Nothing within this section of this article shall be deemed to limit any of Lessee's rights to appeal any such levies and/or assessments in accordance with the rules, regulations, laws, statutes, or ordinances governing the appeal process of the taxing authority(ies) making such levies and/or assessments. Section 3.06 Observation of Governmental Regulations. A.Airport Rules and Regulations. Lessor reserves the right to adopt, amend and enforce reasonable rules and regulations governing the Premises and the public areas and facilities used by Lessee in connection therewith. Such rules and regulations shall be consistent with the safety, security and overall public utility of Airport and with the rules, regulations and orders of the Federal Aviation Administration (FAA) (or such successor agency[ies] as may, at any time and from time to time during the term hereof be designated by the Federal Government to perform either similar, new, additional, and/or supplemental functions, powers DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [19] and/or duties with respect to air transportation, aircraft, Airports, etc.), and such rules and regulations shall NOT be inconsistent with the provisions of this Lease or the procedures prescribed and approved, from time to time, by the FAA with respect to the operation of aircraft at the Airport. Lessee agrees to observe, obey and abide by all such rules and regulations heretofore or hereafter adopted or amended by Lessor, including compliance with FAA, and Airport security rules, regulations and plans. 1. Lessee shall be fully liable to Lessor for any and all claims, demands, damages, fines and/or penalties of any nature whatsoever which may be imposed upon Lessor by the United States Government as a result of any unauthorized entry by Lessee, Lessee's employees, agents, representatives, servants, tenants, customers, patrons, guests, invitees, sub-Lessees, contractors, sub-contractors, or any vehicle operated thereby, into any area of the Airport to which access by persons or vehicles is restricted/controlled pursuant to FAA and/or Airport Security Rules/Regulations/Plans, and Lessee shall be similarly liable to Lessor where any such claims, demands, damages, fines and/or penalties shall be the result of any violation by any person or entity whomsoever when such person or entity may reasonably be deemed to have gained access to any such area on airport from the Premises leased by Lessee under this Lease as a result of a failure on Lessee's part to control access to such areas pursuant to the provisions of this section of this article, below. 2. Lessee shall be solely responsible for controlling access to any such restricted/controlled areas from any and all parts of the Premises and shall, at all times during the term hereof, at Lessee's own cost and expense, provide and/or implement such approved airport security monitoring and control systems, equipment, and/or procedures as may be required to fully comply with any and all such rules/ regulations/plans as such rules/regulations/plans exist(ed) on the commencement date of the term hereof or as such may exist, at any time and from time to time, during the term of this Lease, so as to preclude any unauthorized entry into any such area from the Premises by any person or persons whomsoever. B. Other Governmental Regulations. Lessee shall, at all times during the term hereof, observe, obey and comply with any and all laws, statutes, ordinances, codes, rules, regulations, and/or orders of any governmental entity(ies) lawfully exercising any control(s) over either the Airport or over any part or all of Lessee's activities/operations thereon and/or therefrom, including, without limitation, any and all local business license and/or permit requirements. C. Federal Grant Agreement Assurances. Those certain provisions set forth within Section "B", "Assurances", Of Exhibit "B", "Assurances Required By The Federal DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [20] Aviation Administration", attached hereto and made a part hereof, are those specific provisions required by the FAA to be appropriately included within all agreements (including, without limitation, leases, licenses, permits, and contracts) between Lessor and any and all persons and/or entities who use or perform work or conduct activities on Lessor-owned airport Premises for aeronautical or non- aeronautical purposes. Lessee, by its signature(s) hereunto affixed, acknowledges that it has reviewed the aforesaid exhibit, in its entirety, and fully understands the meaning, purpose, and intent thereof. Lessee expressly agrees that, throughout the term hereof, it shall fully and faithfully comply with, abide by and/or adhere to, as applicable and appropriate, each and every one of the numbered provisions contained within Section "B", "ASSURANCES", of said Exhibit (as said numbered provisions are reflected therein or as same may be amended, from time to time, during the term hereof, by Lessor, as and when the FAA's requirements thereon imposed may so dictate), which, pursuant to the guidelines established within paragraphs 2 through 4 of Section "A" of said Exhibit, shall either be applicable to Lessee on the start date of the term hereof or which, as a result of changing facts and/or circumstances, shall subsequently become applicable to Lessee, hereunder, during the term hereof. D. Height Limits. No structure erected on the Premises shall exceed the height limits as set for imaginary airport surfaces by Part 77 of the Federal Aviation Regulations. When any structures are to be erected or placed on the Premises, Lessee will be required to file and shall file a "Notice of Proposed Construction or Alteration" with the Federal Aviation Administration. E. Limitation on Lessor’s Liability and Lessee’s Right to Terminate. Lessor shall not be liable to Lessee for any diminution or deprivation of possession or any of Lessee's rights hereunder when such shall result from any exercise by Lessor of any such right or authority as in this Section or within EXHIBIT "B", hereto, provided; and Lessee, by reason of the exercise of any such right or authority by Lessor, shall not be entitled to terminate, in whole or in part, the leasehold estate herein created unless the exercise thereof by Lessor shall so interfere with Lessee's use and occupancy of the leasehold estate herein created so as to constitute a termination in whole or in part of this Lease by operation of law in accordance with the laws of the State of California. F. Commercial Aviation Activity. 1. Compliance with Governmental Regulations: Lessee, Lessee's tenants and sub-Lessees, and any and all other persons or entities whomsoever, engaging in any commercial aviation activities whatsoever in, on, to and/or from the Premises shall, at all times during the term of this Lease, conduct any and all such activities in compliance with any and all laws, statutes, ordinances, rules, and regulations of any and all federal, state and local governmental agencies lawfully exercising authority over the Airport and/or over commercial activities conducted thereon, thereto or therefrom, including, without limitation, Chapter 5, Article 4, "Airport Regulations" of the City of Fresno Municipal Code (FMC), as such laws, statutes, ordinances, rules, and regulations exist(ed) at the time DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [21] this Lease was entered into or as such may exist at any time and from time to time during the term hereof. At the time this Lease was entered into, certain sections of Chapter 5 of Article 4 of the FMC governing such activity, read(s) as follows: (a.) "Commercial Activity” No person shall engage in any business or commercial activity on the Airport except with the approval of, and under such terms and conditions as may be prescribed by the Council." (FMC 5- 404 (c) 2. Limitations on Commercial Use of Leased Premises By Persons Other than Lessee: Lessee expressly warrants and agrees that, throughout the term of this Lease, Lessee shall not enter into any rental or sub-lease agreement, with any party(ies) whomsoever, which shall involve the use of any large aircraft hangar, individual aircraft T-hangar, shelter, or ramp-tie-down located on the Premises for the purpose of storing Commercial or Private aircraft therein or thereunder, unless and until the owner or operator of such aircraft holds either a valid "commercial aviation operations permit" issued by Lessor; or a valid "airport lease agreement" with Lessor; or a "bona fide sub-lease" with Lessee or another Fixed Base Operator at the Airport who holds a valid "lease agreement" with Lessor. (a.) Lessee further warrants and agrees that, except for aircraft owned and/or operated by Lessee, Lessee shall neither suffer nor permit any commercial aircraft, to be stored on and operated from any outside aircraft tie- down/storage area located on the Premises except when the owner(s) and/or operator(s) of such aircraft shall be conducting commercial aircraft operations on, to and from the Airport in full conformity with the provisions hereof, and/or the then current rules and regulations of Lessor governing such activities. (b.) Lessee shall be responsible for ensuring the observance, by all of its tenants and/or sub-Lessees, of any and all of the foregoing provisions of this sub-section of this Section of this Article, and any breach thereof by any of Lessee's tenants or sub-Lessees shall constitute a breach of this lease by Lessee. G. Derelict Aircraft. Lessee shall not allow any aircraft within public view to become a derelict aircraft. A derelict aircraft defined as: an Aircraft that has not been Airworthy for six months or more and: (1) is not in the process of being made Airworthy; or (2) is not in the process of rehabilitation for public display; or (3) has not been specially prepared, treated and preserved for future rehabilitation. For the purposes of this agreement, an Aircraft will be presumed a Derelict Aircraft if it has not been Airworthy for six months or more and is obviously deteriorating (tires flat and/or drying out or cracking; or rubber drying out and losing resiliency; or paint oxidizing, crazing and/or flaking off; or Plexiglas discoloring, cracking or crazing; DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [22] or metal corroding or rusting; or fabric fraying; etc.). If any aircraft has been deemed by the City of Fresno Airports Department to be a derelict aircraft and it is not removed from lease area immediately, Lessee shall be considered in Default of this Lease. H. Required Accessibility Disclosure. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. ARTICLE IV - TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES Section 4.01 Early Termination. Either party may terminate this Lease at any time and without cause by serving written notice upon the other party no less than thirty days before such termination is to be effective. Section 4.02 Holding Over. A. Holding Over. In the event Lessee shall remain in possession of the 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 service of a minimum of thirty days advance written notice upon the other party. B. Rent During Holding Over Period: During the holding-over month-to-month tenancy period, Lessee shall pay to Lessor all rent required by this Agreement at the rates in effect as of the date immediately preceding the date on which such month-to-month tenancy commences. If the holding-over period follows the initial five-year term, the base rent will be adjusted pursuant to Section 1.03(C) of this Lease and remain in effect during the holding-over period. C. Applicability of Lease Provisions: Except as otherwise specifically set forth within this Article, such holding over shall be subject to all of the terms, covenants, conditions, and provisions of this Lease applicable to a month-to-month tenancy. Section 4.03 Liquidated Damages. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [23] 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 surety instrument may be claimed, retained and used by Lessor as liquidated damages. ARTICLE V - INDEMNIFICATION, EXEMPTION OF LESSOR, AND INSURANCE Section 5.01 Indemnification and Release. A. Except to any extent expressly provided for in this Lease, and to the furthest extent allowed by law, Lessee shall indemnify, hold harmless and defend City and its officers, officials, employees, agents, and volunteers (collectively referred to as City) 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 City, Lessee or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, costs to enforce this indemnity agreement and litigation expenses), arising or alleged to have arisen directly or indirectly out of this Lease. Lessee’s obligations under the preceding sentence shall apply to any negligence of City, 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 City. B. Lessee acknowledges that 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) arising out of or in any way connected with releases or discharges of a Hazardous Substance, or the exacerbation of a Potential Environmental Hazard, occurring as a result of or in connection with Lessee’s activities or the activities of any of Lessee’s representatives (including, without limitation, any of Licensee’s officers, officials, employees, agents, volunteers, invitees, subtenants, consultants, subconsultants, contractors or subcontractors), and all costs, expenses and liabilities for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remediation and other response costs, including reasonable attorneys’ fees and disbursements and any fines and penalties imposed for the violation of any Legal Requirements relating to the environment or human health, are expressly within the scope of the indemnity set forth above. C. If Lessee should contract any work on the Premises or subcontract any of its obligations under this Lease, Lessee shall require each consultant, subconsultant, contractor and subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents, and volunteers in accordance with the terms of this Section and meet all the insurance requirements in this Lease or as determined by the City of Fresno Risk Manager or their designee. D. The provisions of this Section shall survive the termination or expiration of this Lease. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [24] Section 5.02 Exemption. Lessee hereby specifically warrants, covenants and agrees that Lessor shall not be liable for injury to Lessee’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee’s employees, patrons, invitees, or any other person whomsoever, in or about the Premises, nor shall Lessor be liable for injury to the person of Lessee, Lessee’s servants, agents, employees, contractors, sub-contractors, tenants, sub-lessees, customers, or invitees, whether or not said damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the leakage, breakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether or not the said damage or injury results from conditions arising in or on any part or all of the Premises or in or on any of the improvement(s) and facilities appurtenant thereto located therein or from other sources or places, and regardless of whether or not the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee, except where such injury, damage, and/or loss shall have been caused solely by the gross negligence or willful misconduct of Lessor. Lessee also covenants and agrees that Lessor shall not be liable for any damages arising from any act or neglect on the part of any third parties. Section 5.03 Insurance. A. 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 City’s Risk Manager or designee. The following policies of insurance are required: (i) AVIATION/AIRPORT OR 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, hangarkeepers legal liability, products and completed operations, and contractual liability (including, without limitation, indemnity obligations under this Lease), with limits of liability of not less than $2,000,000 per occurrence for bodily injury and property damage, $2,000,000 per occurrence for personal and advertising injury, $4,000,000 aggregate for products and completed operations and $4,000,000 general aggregate. (ii) AIRCRAFT HULL AND LIABILITY insurance shall include coverage for bodily injury to passengers and non-passengers, property damage and cargo legal liability with combined single limits of liability of not less than $1,000,000 per occurrence and aggregate for bodily injury, property damage and cargo legal liability for fixed wing aircraft and $1,000,000 per occurrence and aggregate for bodily injury, property damage and cargo legal liability for rotorcraft. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [25] (iii) COMMERCIAL AUTOMOBILE LIABILITY 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. (iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. (v) POLLUTION LIABILITY insurance with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 aggregate. In the event Lessee purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). C. Lessee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Licensee 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 City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents, and volunteers; or (ii) Lessee shall provide a financial guarantee, satisfactory to City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. D. 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 thirty calendar day written notice has been given to City. 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 City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during this Agreement, Licensee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than calendar days prior to the expiration date of the expiring policy. E. The Airport Liability (or General Liability, if applicable), Aircraft Liability, Pollution and Automobile Liability insurance policies shall be written on an occurrence form DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [26] and shall name City, 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 City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, and volunteers. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees, and volunteers. F. Lessee shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to City’s execution of this Lease. Such evidence of insurance shall be provided City at the following address: City of Fresno Airports Department 4995 E. Clinton Way Fresno, CA 93727 Via email at FYIProperties@fresno.gov G. Upon request of City, Lessee shall immediately furnish City with a complete copy of any insurance policy required under this Contract, 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. H. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Lease. No action taken by City hereunder shall in any way relieve Lessee of its responsibilities under this Lease. I. 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 Lease. The duty to indemnify City 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. J. Lessee and its insurers hereby waive all rights of recovery against City and its officers, officials, employees, agents, and volunteers, on account of injury, loss by or damage to the Lessee or its officers, officials, employees, agents, volunteers, invitees, consultants, subconsultants, contractors and subcontractors, 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. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [27] SUBCONTRACTORS -If Lessee subcontracts any or all of the services to be performed under this Agreement, Lessee shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is required, Lessee shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and Lessee shall ensure that CITY, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with Lessee, and CITY, prior to commencement of any work by the subcontractor. ARTICLE VI - OPERATING STANDARDS In doing business at the city’s airports, Lessee agrees to comply with each and every one of the minimum standards affecting such business(es) as city may from time to time adopt and promulgate. Moreover, in using the city’s airports or conducting any operations thereat or thereon, Lessee agrees to comply with all applicable rules and regulations then in effect. Continued failure to comply with any minimum standard, rule or regulation within a reasonable time after instruction by city to do so will constitute a material breach of this Lease. This paragraph shall apply once Lessee begins conducting commercial activity(ies) from the leased Premises or at the Airport. Section 6.01 Designation of Local Representative By Lessee. Lessee shall at all times retain in the local area a qualified, competent and experienced representative to supervise its operations and authorized to represent and act for Lessee in matters pertaining to the day-to-day conduct of Lessee's business operations on the Premises. During any temporary periods of absence by said representative, an alternate representative of Lessee with like authorization must be present. Lessee shall at all times keep the Airports Director advised as to who Lessee's authorized representative is and how immediate communication can be established with that representative on a 24-hour basis in the event of an emergency. Section 6.02 Quality of Service. In entering into this Lease, Lessor has foremost in mind providing the aviation public with facilities and services of high quality, commensurate with the trade that is accustomed to using contemporary airport facilities, and Lessee (together with its tenants and sub- Lessees, if any) agrees to conduct its/their business in a proper and first-class manner at all times. Lessee further agrees that any and all services provided by Lessee and/or by Lessee's tenants and sub-Lessees at Airport shall at all times be rendered in a prompt, clean, courteous, efficient, safe, and professional manner and that any and all persons employed by Lessee, Lessee's tenants and sub-Lessees for the purpose of providing any services shall at all times be professionally qualified and, as and when required, properly trained, certified and/or licensed to so perform, and that the number of such persons shall DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [28] at all times be adequate to meet the demand for such services as shall be provided under authority hereof. This paragraph shall apply once Lessee begins conducting commercial activity(ies) from the leased Premises or at the Airport. Section 6.03 Hours of Operation. If Lessee begins service as a SASO, Lessee’s services in and at the Premises shall be available a minimum of forty (40) hours per week except for an annual vacation period of not more than three weeks. This paragraph shall apply once Lessee begins conducting commercial activity(ies) from the leased Premises or at the Airport. Section 6.04 Outside Storage. No materials, supplies, products, equipment or other personal property (other than operational vehicles directly related to the business in regular use) shall be stored or permitted to remain outside any approved buildings or structures except within approved outside storage yards constructed by Lessee, at Lessee's cost and expense, so as to meet the requirements and standards of this Lease and Lessor’s Development Department. Section 6.05 Signs. A. Company Signs. The location, size, shape, construction, materials and general appearance of any and all signs to be installed on any portion of the Premises so as to be exposed to public view shall be subject to the prior written approval of Director before installation. B. Other Authorized Signs. Lessee may also post other signs and notices as may be required by legal authority or operational prudence, such as, but not limited to, airport security notices, safety hazard warnings, directional and warning signs for aircraft and surface vehicle traffic, etc. Such signs will be limited to those which are required or prudent, will be no larger than is required in order to be seen by the intended viewer, and, in all cases, shall be neatly prepared and installed, have a finished and professional appearance, and be maintained in such condition as long as they are in place. C. Commercial Advertising Signs. Lessee shall not suffer or permit to be installed upon or maintained on the Premises, or on the outside of any improvements located thereon, any billboards or commercial advertising signs of any type whatsoever. D. Used or Temporary Buildings/Structures. No used buildings/structures and/or temporary buildings/structures may be moved onto or installed on the Premises. E. Liability for damage. Lessee shall be liable for and shall promptly repair any damage to the Premises where such damage shall be caused by any act or omission on the part of Lessee, Lessee's employees, contractors, agents, representatives, tenants, sub-Lessee's, customers, or invitees. Lessee shall also DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [29] be liable for and shall promptly repair any damage to other airport Premises/facilities where such damage shall be caused by any act or omission on the part of Lessee, Lessee's employees, contractors, agents, or representatives. Should Lessee fail or be unable to promptly effect any such repairs within thirty days following Lessor's notice of the need therefor, Lessor shall have the right to make such repairs, and Lessee agrees to reimburse Lessor for all costs of such repairs, including administrative costs, within thirty days following Lessor's providing Lessee with a bill for such costs. ARTICLE VII - DESTRUCTION OF IMPROVEMENTS Section 7.01 General. In the event that any improvements located in or on the Premises shall be partially or totally destroyed at any time during the term hereof, the respective rights and obligations of the parties hereto with respect to reconstructing, re-building, restoring and/or repairing such improvements, and/or with respect to the matter of the continuance or termination of this Lease following such destruction, shall be controlled by the provisions of this Article, and Lessee shall notify Director of any instance of destruction of or major damage to such improvements immediately upon Lessee's becoming aware of any such occurrence. Section 7.02 Definitions and Remedies. For the purposes of this Article of this Lease, the following definitions and remedies shall apply: A. "Partial Destruction". The term "partial destruction", as used herein, shall be deemed to mean a destruction of improvements to such an extent that the total costs of reconstructing/restoring/repairing/ replacing the improvements, to as good a condition of habitability and/or usability (for those certain uses herein authorized and intended therefor) as existed immediately prior to the occurrence of any such destruction, shall not exceed fifty percent (50%) of the total replacement cost of all of the improvements located in and on the Premises as of the date immediately preceding the date of such destruction. In the event of Partial Destruction, subject to subsection C below, Lessor may agree to restore the Premises and Lessee shall remain in possession without abatement of rent, or either party may terminate this Lease in the manner provided herein. B. "Total Destruction". The term "total destruction", as used herein, shall be deemed to mean a destruction of improvements to such an extent that the total costs of reconstructing/restoring/repairing/ replacing the destroyed improvements, to as good a condition of habitability and/or usability (for those certain uses herein authorized and intended therefor) as existed immediately prior to the occurrence of any such destruction, shall exceed fifty percent (50%) of the total replacement cost of all of the improvements located in and on the Premises as of the date immediately preceding the date of such destruction. In the event of Total Destruction, subject to subsection C below, Lessor may agree to restore the DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [30] Premises and Lessee’s rent shall abate for such period, or either party may terminate this Lease in the manner provided herein. C. Partial or Total Destruction as the Result of Willful Misconduct on the Part of Lessee. In the event any or all of the improvements located in or on any part or all of the Premises shall, at any time during the term hereof, suffer either partial or total destruction, if such destruction shall be caused by a casualty not covered under any insurance policy(ies) maintained by lessee, and shall be the result of any willful misconduct on the part of lessee, this Lease shall continue in full force and effect, without any abatement of rental, and lessee shall, at Lessee's cost and expense, promptly commence the reconstruction, restoration, replacement, and/or repair of such improvements and shall diligently prosecute and complete such reconstruction, restoration, replacement, and/or repair, within a reasonable period time, so as to restore said improvements to as good or better condition of habitability and/or usability (for those certain uses herein authorized and intended therefor) as existed immediately prior to the occurrence of any such destruction. ARTICLE VIII - ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER AND ASSIGNMENT BY DEED OF TRUST Section 8.01 General. Nothing within this Lease contained shall be deemed to allow Lessee or Lessee's successors or assigns, either voluntarily or by operation of law, to hypothecate, encumber, sell, assign, surrender, or otherwise transfer this Lease, in whole or in part; or to hypothecate, encumber, sell, assign, surrender, or otherwise transfer, in whole or in part, any of Lessee's rights, title and/or interests in or to any part or all of the Premises and/or in or to any part or all of the improvements and appurtenances which existed therein or thereon at the commencement of the term hereof or which may, at any time and from time to time, be constructed/installed therein or thereon during the term of this Lease; or to rent, sublet or otherwise permit/allow/suffer occupancy and/or use of any part or all of the Premises by any person or entity, other than Lessee, except with the Director’s prior express written consent. Section 8.02 Assignment. A. Assignment: Lessee may not and shall not sell, transfer or make any assignment of this Lease to any other person(s) or entity(ies) whomsoever without the prior written consent of Lessor and any purported/attempted sale, transfer and/or assignment of this Lease, following Lessee's fulfillment of such obligations, without such advance written consent, shall be null and void and shall constitute a breach of this Lease. Any person or entity to whom this Lease is sold, transferred or assigned shall be required to comply with and fulfill all terms and conditions of this Lease. 1. Lessor shall not be obligated to consent to and shall not consent to any sale, transfer and/or assignment of this Lease by Lessee to any other person or entity whomsoever where Lessee shall be in default of any of its DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [31] obligations thereunder as of the date on which Director's consent to the sale, transfer and/or assignment would have otherwise been given. B. Lessor's Director consenting to any such actions shall not constitute a waiver of the conditions, limitations, and restrictions of this Article relative to further or other such actions, which conditions, limitations, and restrictions apply to each and every sale, transfer and/or assignment hereof and shall be binding upon each and every transferee, assignee, and/or other successor in interest of Lessee. Section 8.03 Subleasing. A. Sub-Leasing. Lessee may not and shall not sub-lease any part or all of the Premises to any other person(s) or entity(ies) whomsoever without the prior written consent of Lessor’s Director, and any attempted/purported sub-leasing without such advance written consent shall be null and void and shall constitute a breach of this Lease. 1. Neither the provisions of any sub-lease consented to by Lessor nor the fact that Lessor consented to any sub-lease shall, in any way whatsoever, be deemed to relieve Lessee of any one or more of Lessee's obligations under this Lease. 2. Lessor's Director consenting to any sub-lease shall not constitute a waiver of any one or more of the conditions, limitations, and restrictions in this Article relative to further or other sub-lease agreements, which conditions, limitations and restrictions shall apply to each and every sub-lease and shall be binding upon each and every sub-Lessee, assignee, transferee, and/or any other successor in interest of Lessee. 3. Lessor’s Director shall have the right to withhold its consent to any sub- lease where Lessee shall be in default of any of its obligations under this Lease as of the date on which Lessor's consent to the sub-lease would otherwise have been given. B. Form of Sub-Leases. Any Sub-Leasing of any part or all of the Premises by Lessee to any other person or entity shall be effected by means of a written sub-lease agreement prepared in a generally accepted contract form and executed by both Lessee (as sub-Lessor) and the sub-Lessee named therein. C. Use of Premises by Sub-Lessees. No Sub-Lease entered into by Lessee concerning any part or all of the Premises shall authorize or allow any Sub-Lessee to use any part or all of the sub-leased portion(s) of the Premises for any uses/purposes/activities other than those certain uses/purposes/ activities authorized and intended therefore within Section 3.02 of Article III, hereof. D. Term of Sub-Leases. Lessee may not and a shall not sub-lease any part or all of the Premises for any term extending beyond the day immediately preceding the ending date of the term of this Lease and any extension thereof. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [32] E. Merger. Pursuant to the provisions of Section 11.11 of this Lease, the voluntary or other surrender of this Lease by Lessee, or a mutual cancellation hereof, or a termination by Lessor, or an automatic termination, or termination by a court of competent jurisdiction, or any other termination hereof shall not work a merger, and shall, at Lessor's option, terminate any or all existing sub-leases/-tenancies; or may, at the option of Lessor, operate as an assignment to Lessor of any or all such sub-leases/-tenancies. F. Priority of Instruments. Whether or not such be clearly evidenced by an appropriate provision within any sub-lease made and entered into by and between Lessee and any other person or entity concerning any part or all of the Premises (and notwithstanding the absence of any such evidence within any sub-lease consented to by Lessor) any and all sub- leases shall be subject to any and all of the terms, covenants, conditions, prohibitions, limitations, reservations, restrictions, warranties, agreements, and provisions of this Lease and to any and all rights and interests of Lessor therein and thereto, none of which shall be deemed to be waived by any consent of Lessor to any such sub-lease. Neither the intent nor language of any sub-lease entered into by and between Lessee and any other person(s) or entity(ies) concerning any part or all of the Premises shall conflict with any of the terms, covenants, or conditions of this Lease and, in the event of any conflict between the provisions of this Lease and the provisions of any such sub-lease, the provisions of this Lease, in each and every instance, shall control. G. Notice by Lessee. Not less than thirty days prior to the start date of the term of any sub-lease agreement, Lessee shall provide Lessor with written notice of Lessee's intent to sub-lease that certain portion of the Premises identified within the particular Sub-Lease for which Lessor's consent shall be requested. Any and all such notices shall be accompanied by a non-returnable, full, complete and fully executed copy of the sub-lease(s) involved and shall contain Lessee's request for Lessor's consent thereto in writing. H. Amendments. Once Lessor's consent shall be given for any particular sub-lease, that sub-lease may not and shall not be modified in any way whatsoever other than in writing, signed by the parties in interest at the time of the modification, and any such modification shall be null and void unless approved by Lessor, in writing, prior to the effective date thereof. Section 8.04 Hypothecation, Transfer, and Assignment By Deed Of Trust. A. General. Nothing within this Lease contained shall, in any way whatsoever, be deemed to allow Lessee or Lessee's successors or assigns to mortgage, pledge, hypothecate, or otherwise encumber either this Lease, any part or all of the Premises, or any one or more of the improvements located anywhere in or on said Premises, except as may be approved by Lessor. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [33] B. Lessor's Consent. Neither Lessee nor any buyer or purchaser may hypothecate, transfer, sublease, encumber and/or assign this Lease and leasehold estate, in whole or in part, by any deed of trust without first obtaining the written consent of Lessor in advance, and any attempted or purported hypothecation, transfer, sublease, encumbrance and/or assignment of this Lease by deed of trust (or otherwise) without such consent shall be null and void and shall constitute a breach of this Lease. C. Lessor's Consent Given/Accepted Subject to Terms, Covenants, Conditions, Agreements and Provisions of Lease. In the event Lessor shall give its consent in writing to any hypothecation, transfer, sublease, encumbrance and/or assignment of this lease and the leasehold estate by any deed of trust to any reputable lender as security for repayment of a loan made pursuant to the provisions of this article, such consent shall be deemed to be given by Lessor (and accepted by the particular lender/beneficiary concerned) subject to and/or conditioned upon all of the covenants, conditions, warranties, terms, agreements and provisions of this lease applicable thereto. D. Lessor's Consent Not a Waiver of Any of Lessor's Rights and Interests. 1. Except as may otherwise be expressly set forth within Lessor's written consent thereto, any and all such trust deeds and any and all of the rights acquired by any and all persons or entities thereunder shall be subject to all of the terms, covenants, conditions, reservations, restrictions, prohibitions, limitations, warranties, agreements, and provisions of this Lease, and to any and all of the rights and interests of Lessor therein and thereto, none of which shall be waived by any such consent. 2. Lessor's consenting to any such action shall not constitute a waiver of the conditions, limitations, and restrictions set forth within this Lease relative to further or other such actions, which conditions, limitations, and/or restrictions shall be binding upon each and every assignee, transferee or other successor in interest of Lessee. E. Request for Lessor's Consent During a Period When Lessee is in Default. Lessor shall have the right to withhold its consent to any deed of trust where Lessee shall be in default of any of its obligations under this Lease as of the date on which Lessor's consent to assignment by the deed of trust would have otherwise been given, provided that Lessee was notified of default, and failed to cure within the time required. ARTICLE IX - DEFAULT Section 9.01 Default By Lessor. Lessor shall work to fulfill obligations required of Lessor under the Lease within a reasonable period of time. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [34] Section 9.02 Default By Lessee. A. Defaults. The occurrence of any of the following events shall constitute a material default and breach of this Lease by Lessee: 1. The vacating or abandonment of the Premises by Lessee. 2. The failure by Lessee to use the Premises for lawful purposes only and/or failure by Lessee to comply with or observe any statute, law, ordinance, rule, regulation, standard or requirement of any federal, state, or local government entity with respect to Lessee's occupancy(ies) and/or use(s) of any part or all of the Premises, as such statutes, laws, ordinances, rules, regulations, standards or requirements exist(ed) on the commencement date of the term of this Lease or as such may exist at any time and from time to time during the term thereof, where any such failure shall be evidenced by either a finding or judgment of any court of competent jurisdiction or where any such shall be admitted by Lessee in any proceeding brought against Lessee by any government entity. 3. The inability of and/or failure by Lessee to obtain, pay for, and maintain in full force and effect at all times during the term of this Lease, without any lapse in coverage, such insurance as shall be required of Lessee thereunder. 4. The occurrence of any of the following: a. Lessee's becoming insolvent, or failing in business, or the making by Lessee of any general arrangement or an assignment for the benefit of creditors; b. The filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (Unless, in the case of a petition filed against Lessee, the same is dismissed within sixty days); c. The appointment of a receiver to take possession of substantially all of Lessee's assets located in or on the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty days; or d. The attachment, execution or other judicial seizure of substantially all of Lessee's assets located in or on the Premises or of Lessee's interest in this Lease, where such seizure in not discharged within thirty days. 5. The discovery by Lessor that any financial statement provided Lessor by Lessee, any assignee of Lessee, any successor in interest of Lessee, or any guarantor of Lessee's obligations under this Lease, and/or any one or more of such persons or entities, was materially false. 6. Any hypothecation, encumbrance, sale, assignment, or transfer of either this Lease, in whole or in part; or of any of Lessee's rights, title and interests DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [35] in or to any part or all of the Premises and/or in or to any part or all of the improvements and appurtenances thereto which exist(ed) therein or thereon at the commencement of the term of this Lease or which may at any time and from time to time be constructed/ installed therein or thereon during the thereof where such action(s) shall not be in full conformity with any and all of the provisions of this Lease applicable thereto; or any attempted/purported renting, subletting or permitting occupancy of any part or all of the Premises by any person or entity other than Lessee. 7. The failure by Lessee to make any payment of rent or any other required payment, as and when due under this Lease, where such failure shall continue for a period of ten days following service of notice thereof upon Lessee by Lessor. 8. The failure by Lessee to keep, observe, undertake, fulfill, or perform any of the terms, covenants, conditions, warranties, agreements, obligations, and/or provisions of this Lease to be kept, observed, undertaken, fulfilled, and/or performed by Lessee, other than those hereinabove , where such failure shall continue for a period of thirty days following service of written notice thereof upon Lessee by Lessor, pursuant to this Lease; provided, however, that if the nature of Lessee's default is such that more than thirty days are reasonably required for its cure, then Lessee shall not be deemed to be in default and breach of this Lease if Lessee commences such cure within said thirty day period and thereafter diligently prosecutes such cure to completion as soon as reasonably possible. B. Lessor's Remedies. 1. Abandonment: If Lessee abandons the 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 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 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 days advance written notice to such effect upon Lessee and this Lease shall terminate at 11:59:59 p.m., on the termination date specified within such notice. 3. Such notice shall set forth the following: DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [36] a. The default and breach which resulted in such termination by Lessor; and (a.) A Demand For Possession, which, in the event only ten days advance notice shall be given by Lessor, shall be effective at 12:00:01 A.M., on the eleventh 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 12:00:01 a.m., 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 Lessee's default and breach and/or by reason of such termination, Lessor may: (a.) Peaceably re-enter the Premises upon voluntary surrender thereof by Lessee or remove Lessee and/or any other persons and/or entities occupying the Premises therefrom, using such legal proceedings as may be available to Lessor under the laws or judicial decisions of the State of California; (b.) Repossess the Premises or re-let the 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 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; DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [37] (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 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, Lessor shall have the right to remedy any default of Lessee, to maintain or improve the 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 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 or now or hereafter available to Lessor under the laws or judicial decisions of the State of California. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [38] 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 personal injuries or property damage prior to the termination of this Lease. ARTICLE X - NOTICES Section 10.01 Written Notices Required. All notices required to be served by Lessor and Lessee, one upon the other, under the terms of this Lease shall be in writing. Section 10.02 Lessee’s Address For Notices. All notices or demands of any kind which Lessor shall have cause to serve upon Lessee under the terms of this Lease shall be serves upon Lessee by mailing a copy thereof by certifies or registered mail, return receipt requested, to Lessee at the address shown below or to such other address as Lessee may, from time to time, specify to Lessor in writing: New Vision Aviation, Inc. P.O. Box 27067 Fresno, CA 93729 Section 10.03 Lessor's Address for Notices. All notices or demands of any kind which Lessee shall have cause to serve upon Lessor under the terms of this Lease shall be served upon Lessor by mailing a copy thereof by certified or registered mail, return receipt requested, to Lessor at the address shown below or to such other address as Lessor may, from time to time, specify to lessee in writing. City of Fresno Airports Department 4995 East Clinton Way Fresno, CA 93727-1525 Section 10.04 Time And Date of Service. In the event of any service of notice or demand by mail, as above said, such notice or demand shall be deemed to have been sufficiently served as of 12:00:01 a.m., on the fourth calendar day following the date of deposit in the United States mail of such certified or registered mail properly addressed and postage prepaid. ARTICLE XI - GENERAL PROVISIONS Section 11.01 Executor's Authority. Each individual executing this Lease on behalf of New Vision Aviation, Inc., represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said Company in accordance with its governing documents including articles of DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [39] incorporation and bylaws, and that this Lease is binding upon said Company in accordance with its terms. Section 11.02 Interpretation of Agreement . Nothing contained within this Lease shall be construed or interpreted, in any manner whatsoever, as limiting, relinquishing or waiving any of the rights of ownership enjoyed by Lessor in and to Airport property, or in any manner waiving or limiting Lessor's control over the operation, maintenance, etc., of Airport property or in derogation of such governmental rights as Lessor possesses, except as is specifically provided for within this Lease. Section 11.03 Waiver of Breach Of Covenants. No waiver of any default or breach of any covenant by either party to this Lease shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then said waiver shall be operative only for the time and to the extent therein stated. The waiver by either party hereto of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same covenant, term or condition or of any other term, covenant or condition contained within this Lease. The subsequent acceptance of rent, fees and/or other charges hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rental, fees and/or other charges so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent, fees or other charges. The exercise of any right or option or privilege under this Lease by Lessor shall not prevent Lessor from exercising any and all other rights, privileges and options hereunder, and Lessor's failure to exercise any right, option or privilege under this Lease shall not be deemed a waiver of said right, option or privilege, nor shall it relieve Lessee from Lessee's obligation to perform each and every covenant and condition on Lessee's part to be performed hereunder, nor from damages or other remedy for failure to perform or meet the obligations of this Lease. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waive or render unnecessary their consent or approval to or of any subsequent similar acts. Section 11.04 Venue and Litigation. a. This Lease, and the rights and obligations of the parties thereto, shall be construed, interpreted, and enforced pursuant to the laws of the State of California and exclusive venue in any and all actions arising under this Lease shall be laid in the Judicial District of Fresno County, California. B. In any action or proceeding which Lessor or Lessee may be required to prosecute to enforce its respective rights under this Lease, the unsuccessful party therein agrees to pay all costs incurred by the prevailing party therein, including DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [40] reasonable interest and attorneys' fees, to be fixed by the court, and said costs, interest, and attorneys' fees shall be made a part of the judgment in said action. Section 11.05 Liens and Claims. Lessee shall not suffer or permit to be enforced against Lessor's title to the Premises, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising (except liens, claims or demands suffered by or arising from the actions of Lessor), and Lessee shall pay all such liens, claims and demands before any action is brought to enforce same against said Premises; and Lessee agrees to hold Lessor and said Premises free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses in connection therewith. Lessor shall have the right at any time to post and maintain on said Premises such notices as may be necessary to protect Lessor against liability for all such liens, claims and demands. Section 11.06 Successors and Assigns. Subject to such limitations and/or requirements as may elsewhere within this Lease be set forth with regard to Lessee's sub-leasing any part or all of the Premises or with regard to either Lessee's assigning this Lease or Lessee's pledging, mortgaging, hypothecating, or otherwise encumbering this Lease or any of Lessee's rights, title and/or interests thereunder, this Lease and all of the terms, covenants, conditions, stipulations, warranties, prohibitions, limitations, reservations, restrictions, agreements, and provisions therein contained shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. Section 11.07 Invalid Provisions. In the event any covenant, condition or provision of this Lease, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Lease, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or non-enforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Lease. Section 11.08 Captions and Article/Section/Paragraph Numbers. The captions, article numbers, section and sub-section numbers, paragraph and sub- paragraph numbers and/or alphabetical identifiers and index appearing in this Lease are inserted solely for the purpose of convenience in reference and in no way define, limit, construe, or describe the scope or intent of such articles, sections, sub-sections, paragraphs or sub-paragraphs of this Lease nor in any way whatsoever affect this Lease. Section 11.09 Covenants and Conditions. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [41] Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition. Section 11.10 Consents/Approvals. Wherever in this Lease the consent/approval of one party is required to an act of the other party, such consent/approval shall not be unreasonably withheld or delayed. Section 11.11 Merger. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation hereof, or a termination by Lessor, or an automatic termination, or termination by a court of competent jurisdiction, or any other termination hereof shall not work a merger, and shall, at the option of Lessor, terminate any or all existing Sub-leases/-Tenancies or may, at the option of Lessor, operate as an assignment to Lessor of any or all such Sub-leases/- Tenancies. Section 11.12 Cumulative Remedies. No remedy or election under this Lease shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Section 11.13 Prior Agreements. Amendments: This Lease and those certain Exhibits attached hereto and made a part hereof by reference herein contain all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may not be amended or otherwise modified in any way whatsoever, except in writing signed by the parties. Except as otherwise stated in this Lease, Lessee acknowledges that neither Lessor nor Lessor's officers, employees or agents has made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of the Premises and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises, and the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease. Section 11.14 Quiet Possession. Upon Lessee paying the rental, fees and/or other charges reserved under this Lease and keeping, observing and/or performing all of the covenants, conditions, warranties, promises, agreements, and/or provisions on Lessee's part to be kept, observed and/or performed thereunder, Lessee shall have quiet possession of the Premises during the full term of this Lease, and any extensions thereto, subject to all of the provisions of this Lease. Section 11.15 Time Of Essence. Time is of the essence with respect to this Lease and matters therein contained. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [42] Section 11.16 Review/Examination of Lease. Submission of the instrument by Lessor for review /examination or signature by Lessee does not constitute a reservation of or option to lease, and the instrument is not effective as a Lease or otherwise, unless and until execution and delivery by both Lessor and Lessee. Section 11.17 Accord and Satisfaction. No payment by Lessee or receipt by Lessor of a lesser amount than the rent, fees and/or charges payment(s) due to be made by Lessee under this Lease shall be deemed to be other than on account of the rent, fees and/or charges due, and no endorsement or statement on any check or in any letter accompanying any check or payment as rent, fees and/or charges shall be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such rent, fees and/or charges or to pursue any other remedy provided in this Lease. Section 11.18 National Emergency and Condemnation/Eminent Domain. A. Total Taking/Condemnation of Leased Premises: In the event that the Government of the United States takes over the operation of the Airport, or any part thereof which shall include all of the Premises, by requisition or other unilateral action as the result of a national emergency or otherwise, the lease shall terminate as of the effective date of any such taking; or, if all of the Premises shall be taken by public authority pursuant to condemnation actions(s) under the laws of eminent domain, the lease shall terminate as of the date of title vesting in such proceeding. 1. Upon termination of this Lease as a result of either of the events hereinabove described within this Section, the parties hereto shall be relieved of any and all obligations, one to the other, hereunder, not accrued to the date of such termination and Lessor shall promptly return, on a prorated basis, any then unearned rent theretofore paid by Lessee under this Lease. 2. Lessor shall not be liable to Lessee for any injury to Lessee's business or loss of income or any other injury or loss suffered by Lessee as a result of any such taking and/or termination. B. Partial Taking/Condemnation of Leased Premises: In the event that only a part of the Premises shall be taken as a result of any of those actions described in this Section, and if such taking and the reasons therefore shall not constitute a bar to Lessee's continued beneficial occupancy and use of that/those portion(s) of the Premises not so taken, where such taking may reasonably be deemed to not adversely affect Lessee's commercial business operations therein and thereon to a significant extent/degree, this Lease shall continue in full force and effect and that/those certain parcel(s) of land so taken shall be automatically deleted from the Premises leased by Lessor to Lessee thereunder, as of the date of such taking and/or title vesting. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [43] C. Awards: In the event that all or part of the Premises shall be taken as a result of any of those actions described in this Section, above, the rights of the parties hereto with respect to such award(s) as shall be paid for such taking shall be as follows: 1. Lessor shall be entitled to the entire amount of any and all compensation awarded by reason of the taking of the leased land and any and all Lessor- owned improvements then located therein or thereon and Lessee waives any right or claim to any part thereof from Lessor or the condemning authority. 2. Subject to the provisions of this Section, below, Lessee shall have the right to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of: a. The taking of or injury to any Lessee-owned improvements then located on the leased land, including the value of the then existing leasehold interest therein and thereto, to the extent of Lessee's interest therein, based on the value of the then remaining unexpired portion of the term of this Lease, as said value shall be determined in the proceedings for the taking of such operations and awarding such compensation; and b. Any and all cost or loss (including loss of business) which may be incurred by Lessee as a result of Lessee's having to remove Lessee's personal property (including merchandise, furniture, trade fixtures and equipment) to a new location. D. Payments to Encumbrancers: Any compensation which would otherwise be payable to Lessee under this Section, above, shall be paid directly to any known lawful encumbrancer of the leasehold interest, to the extent of such encumbrance. E. Notice and Execution: Upon service of process upon Lessor in connection with either any taking over of Airport by the United States Government or any condemnation or potential condemnation, Lessor shall immediately give Lessee notice thereof in writing. Lessee shall immediately execute and deliver to Lessor any and all instruments which may be required to fully effectuate any and all of the provisions of this Article if, as and when any such instruments shall be required of Lessee. Section 11.19 Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by the parties or by any third persons to create the relationship of principal and agent or of partnership or joint venture between Lessor and Lessee. [Signatures on following page] DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 [44] ARTICLE XII – SIGNATURE IN WITNESS WHEREOF, Lessor has caused this Lease to be executed by its duly authorized officer, and Lessee has caused the same to be executed by its duly authorized person(s)/officer(s) with signature(s) notarized, all as of the day and year first above written. Attachments: Exhibit A - Plans and Descriptions of Leased Premises Exhibit B - Assurances Required By the Federal Aviation Administration Exhibit C - Example Rental Rate Adjustment Sheet Exhibit D - Fresno Chandler Executive Airport Minimum Standards Exhibit E - Conflict of Interest Form Exhibit F – Airport Badging Application CITY OF FRESNO A Municipal Corporation By: Henry Thompson, I.A.P, AAE Director of Aviation APPROVED AS TO FORM: Andrew Janz City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: Todd Stermer, CMC City Clerk By: Date Deputy NEW VISION AVIATION, INC. A 501(C)3 Non-Profit Charitable Organization By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 President/CEO Joseph Oldham Dionnetrae Smith CFO 4/17/2023 EXHIBIT “A” DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 LEASE LOT 7PROPERTY LINE± 12,296 SFHANGAR SPACE± 5,074 SFFRESNO CHANDLER EXECUTIVE AIRPORTLEASE LOTS EXHIBITLOT 7DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 EXHIBIT “B” DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 FAA Airports Airport Sponsor Assurances 3/2014 Page 1 of 20 ASSURANCES Airport Sponsors A. General. These assurances shall be complied with in the performance of grant agreements for 1. airport development, airport planning, and noise compatibility program grants for airport sponsors. These assurances are required to be submitted as part of the project application by 2. sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated 3. in and become part of this grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a 1. Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. Airport Development or Noise Compatibility Projects Undertaken by a Private 2. Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 2 of 20 Airport Planning Undertaken by a Sponsor. 3. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: General Federal Requirements. 1. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 3 of 20 z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Executive Orders a. Executive Order 11246 - Equal Employment Opportunity1 b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 - Environmental Justice Federal Regulations a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6 c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 4 of 20 p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1 2 q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Specific Assurances Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. Footnotes to Assurance C.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 5 of 20 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. Responsibility and Authority of the Sponsor. 2. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. Sponsor Fund Availability. 3. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. Good Title. 4. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Preserving Rights and Powers. 5. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 6 of 20 b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 7 of 20 Consistency with Local Plans. 6. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Consideration of Local Interest. 7. It has given fair consideration to the interest of communities in or near where the project may be located. Consultation with Users. 8. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Public Hearings. 9. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Metropolitan Planning Organization. 10. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. Pavement Preventive Maintenance. 11. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. Terminal Development Prerequisites. 12. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 8 of 20 has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. Accounting System, Audit, and Record Keeping Requirements. 13. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. Minimum Wage Rates. 14. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. Veteran's Preference. 15. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Conformity to Plans and Specifications. 16. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 9 of 20 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. Construction Inspection and Approval. 17. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. Planning Projects. 18. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. Operation and Maintenance. 19. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 10 of 20 state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- Operating the airport's aeronautical facilities whenever required; 1) Promptly marking and lighting hazards resulting from airport conditions, 2) including temporary conditions; and Promptly notifying airmen of any condition affecting aeronautical use of the 3) airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. Hazard Removal and Mitigation. 20. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Compatible Land Use. 21. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. Economic Nondiscrimination. 22. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 11 of 20 to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- furnish said services on a reasonable, and not unjustly discriminatory, basis to 1) all users thereof, and charge reasonable, and not unjustly discriminatory, prices for each unit or 2) service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non- signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 12 of 20 Exclusive Rights. 23. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. Fee and Rental Structure. 24. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. Airport Revenues. 25. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: If covenants or assurances in debt obligations issued before September 3, 1) 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 13 of 20 operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. If the Secretary approves the sale of a privately owned airport to a public 2) sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. Certain revenue derived from or generated by mineral extraction, production, 3) lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. Reports and Inspections. 26. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 14 of 20 d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: all amounts paid by the airport to any other unit of government and the 1) purposes for which each such payment was made; and all services and property provided by the airport to other units of government 2) and the amount of compensation received for provision of each such service and property. Use by Government Aircraft. 27. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that – a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. Land for Federal Facilities. 28. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. Airport Layout Plan. 29. a. It will keep up to date at all times an airport layout plan of the airport showing boundaries of the airport and all proposed additions thereto, together with the 1) boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; the location and nature of all existing and proposed airport facilities and 2) structures (such as runways, taxiways, aprons, terminal buildings, hangars and DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 15 of 20 roads), including all proposed extensions and reductions of existing airport facilities; the location of all existing and proposed nonaviation areas and of all existing 3) improvements thereon; and all proposed and existing access points used to taxi aircraft across the airport’s 4) property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. Civil Rights. 30. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability Programs and Activities. If the sponsor has received a grant (or other federal 1) assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. Facilities. Where it receives a grant or other federal financial assistance to 2) construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 16 of 20 Real Property. Where the sponsor receives a grant or other Federal financial 3) assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: So long as the airport is used as an airport, or for another purpose involving 1) the provision of similar services or benefits; or So long as the sponsor retains ownership or possession of the property. 2) d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. It will insert the non-discrimination contract clauses requiring compliance 1) with the acts and regulations relative to non-discrimination in Federally- assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally-assisted programs of the DOT acts and regulations. It will include a list of the pertinent non-discrimination authorities in every 2) contract that is subject to the non-discrimination acts and regulations. It will insert non-discrimination contract clauses as a covenant running with 3) the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. It will insert non-discrimination contract clauses prohibiting discrimination on 4) the basis of race, color, national origin, creed, sex, age, or handicap as a DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 17 of 20 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. Disposal of Land. 31. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 18 of 20 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. Engineering and Design Services. 32. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. Foreign Market Restrictions. 33. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Policies, Standards, and Specifications. 34. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated ____________ (the latest approved version as of this grant offer) and included in this grant, and in accordance DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 19 of 20 with applicable state policies, standards, and specifications approved by the Secretary. Relocation and Real Property Acquisition. 35. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. Access By Intercity Buses. 36. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. Disadvantaged Business Enterprises. 37. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). Hangar Construction. 38. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Airport Sponsor Assurances 3/2014 Page 20 of 20 Competitive Access. 39. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- Describes the requests; 1) Provides an explanation as to why the requests could not be accommodated; 2) and Provides a time frame within which, if any, the airport will be able to 3) accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 EXHIBIT “C” DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 NOTICE OF ANNUAL RENTAL ADJUSTMENT | (Based on USDLBLS Consumer Price Index | for Urban Wage Earners and Clerical Workers - |FRESNO CHANDLER EXECUTIVE AIRPORT ALL ITEMS, U.S. CITY AVERAGE) | | | DATE: | RE: John Tomaino, American Helicopters | LEASE AND AGREEMENT | | | | | | |USDLBLS CPI - JAN-DEC., ____ ..........2016 ...........234.076 * |USDLBLS CPI - JAN-DEC.,2017 ...........239.051 * |AMOUNT OF CPI CHANGE ...........4.975 |PERCENTAGE CPI CHANGE ...........2.1254% |CURRENT ANNUAL RENTAL ...........$12,467.76 |AMOUNT OF ADJUSTMENT ...........$264.99 |NEW ANNUAL RENTAL ...........$12,732.75 |------------------------------------------------------------------------------------------------------ |NEW MONTHLY RENTAL |EFFECTIVE $1,061.06 | EFFECTIVE | | | ANNUAL RENTAL WILL BE:$12,732.75 | Monthly Rent will be:$1,061.06 | | Prepared by: CITY OF FRESNO - AIRPORTS | PROPERTIES SECTION | 4995 E. CLINTON WAY | FRESNO, CA 93727-1504 | |TELEPHONE: (559) 621-4500 If you have any questions concerning this matter, | please contact the undersigned at (559) 621-4543. | | | |NOTES:* PER USDL/BLS Melissa A. Garza-Perry | Airports Properties Supervisor | City of Fresno - Airports Administration | | 7/2/2018 11:40 LEASE AGREEMENT per Amendment 3 (5/2017) 7/2/2018 11:40 March 1, 2018 American Helicopters ================================================================= AND ANNUAL RENTAL ADJUSTMENT COMPUTATION March 1, 2018 ================================================================ FOR LEASE YEAR COMMENCING: March 1, 2018 ==================================================================== The rental adjustment calculation shown to the right was completed in keeping with the intent of the agreement for John Tomaino at 612 W Kearney, Fresno CA THE CITY OF FRESNO - AIRPORTS DEPARTMENT EXHIBIT 'C' TO LEASE DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 EXHIBIT “D” DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” CITY OF FRESNO, CALIFORNIA – DEPARTMENT OF AIRPORTS MINIMUM STANDARDS FOR FRESNO CHANDLER EXECUTIVE AIRPORT SECTION 1. PURPOSES OF MINIMUM STANDARDS AND APPLICABILITY The City of Fresno, California recognizes the prohibition imposed by Section 308 of the Federal Aviation Act against granting an exclusive right to conduct any aeronautical activity at a Public Airport, and recognizes the City has agreed to the same prohibition i n its acceptance of airport improvement grants from the Federal Aviation Administration. Moreover, the City wishes that there be healthy competition at the Fresno Chandler Executive Airport, conducted on a level playing field, and wishes that a broad array of high-quality products and services be available at the Airport. The City is publishing these Minimum Standards so that any Entity interested in engaging in any Revenue Generating Aviation Activity at the Airport may know the principles that apply and the requirements that must be met and maintained. Note, however, that it is not the intention of the City to create any private right of action to enforce these Minimum Standards. These Minimum Standards do not apply to Entities previously authorized to offer or conduct specific Revenue Generating Aviation Activities at, on or from the Airport. The standards each such previously authorized Entity has been meeting shall comprise that Entity’s minimum standards and must be maintained by that Entity. However, should any previously authorized Entity be granted authority to engage in additional Revenue Generating Aviation Activities, then, as a condition of such additional authorization, these Minimum Standards shall apply to each and every Business authorized , including the Revenue Generating Aviation Activities previously autho rized. Further, these Minimum Standards shall apply to each and every authorized Business, upon any renewal or extension of a previously authorized Entity’s Agreement or Lease. SECTION 2. DEFINITIONS The following terms shall have the meanings indicated: Agreement or Lease – a written, enforceable contract, regardless of its duration or term, between the City and an Entity, which authorizes that Entity to engage in some Revenue Generating Aviation Activity at the Airport and/or which may cover tha t entity’s use or occupy of space at the Airport. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” Aircraft – are aeronautical vehicles or devices including, but not limited to, powered fixed wing airplanes, rotorcraft, dirigibles and blimps, and non -powered gliders, rotorcraft and balloons. Aircraft Operation – is any arrival or departure of an Aircraft at the Airport or any Aircraft movement on the AOA. . Aircraft Operations Area or AOA – all the runways, taxiways, helipads, Ramps, hold areas and any other area used or intended to be used for the take off or landing or surface maneuvering of Aircraft, or any areas within the perimeter fence and adjacent to surface maneuvering areas. Airline – an Entity operating Aircraft pursuant to Part 121 or Part 135 of the FARs. Airport – the Fresno Chandler Executive Airport unless the context indicates Fresno Yosemite International Airport (FYI) as well. Airport Layout Plan or ALP – a plan view of an airport, drawn to scale and showing all that airport’s aeronautical and other Improvements and projected future Improvements – as amended from time-to-time, and as approved by the FAA. Airport Master Plan or Master Plan – a comprehensive document that considers an airport’s history, regional demographic changes, and other relevant factors and trends; then projects traffic and use for the f uture, then examines the probable noise, environmental and other impacts of same; and, finally, programs an orderly and balanced plan of Airport development to accommodate anticipated demand while minimizing adverse impacts. The major airport land use allocations are illustrated in a complementary ALP. Airworthy – an Aircraft that is compliant with the FARs and safe to fly. Business - a Revenue Generating Aviation Activity City - The City of Fresno, California, a municipal corporation. Core FBO Services - see FBO below Department of Airports or Department - The City’s Department of Airports. Derelict Aircraft – an Aircraft: that has not been Airworthy for six months or more and: (1) is not in the process of being made Airworthy; or (2) is not in the process of rehabilitation for public display; or (3) has not been specially prepared, treated and preserved for future rehabilitation. An Aircraft will be presumed a Derelict Aircraft if it has not been Airworthy for six months or more and is obviously deteriorating (tires flat and/or drying out or cracking; or rubber drying out and losing resiliency; or paint DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” oxidizing, crazing and/or flaking off; or Plexiglas discoloring, cracking or crazing; or metal corroding or rusting; or fabric fraying; etc.). Director of Aviation or Director - the individual filling the position of the City’s Director of Aviation, or an individual authorized to represent him/her. Entity - an individual or a firm, corporation, partnership, joint venture or other legal person. Equipment – all tools, tooling and machinery, together with the supplies and apparatus necessary to properly conduct the Revenue -Generating Aviation Activity authorized. FAA – the Federal Aviation Administration. FAR or FARs – the then current Federal Air Regulations. FCH - Fresno Chandler Executive Airport FCH Environs Specific Plan or FCH Specific Plan - a comprehensive airport planning document that considers the development policies and standards of the City of Fresno General Plan and the Edison Community Plan, including related environmental impact analyses as required by the California Environmental Quality Act or CEQA. Fixed Base Operator or FBO – is an Entity authorized and required to offer, at a minimum, to the operators of based and transient/itinerant personal or business Aircraft up to 12,500# gross weight: (1) retail sales and delivery into-plane of Aircraft fuels, lubricants and additives; (2) overnight tie-down and hangarage; (3) minor Aircraft maintenance, servicing and repair; (4) tire “airing” and battery “boosts”; (5) pilot and passenger waiting lounge with restrooms and public phones and direct -access to the most current aviation weather information; (6) air-to-ground radio communications; (7) removal of disabled Aircraft from the AOA (these activities 1–7 are, collectively, the “Core FBO Services”). FBOs may be authorized to engage in Revenue -Generating Aviation Activities in addition to, but in not in substitution of, the Core FBO Services. An FBO may enter a Subcontract with a third party to provide Core FBO Service no. 3, light Aircraft and powerplant servicing, maintenance and repair, and/or additional, non-Core FBO Services, provided such Subcontractor holds or enters a complementary Agreement with the City. Note: Only FBOs will be authorized to offer retail sales and/or delivery into-plane of Aircraft fuels. City also retains its right to offer retail sales and/or delivery into-plane of Aircraft fuels. FYI - Fresno Yosemite International Airport DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” Improvements – all buildings, structures, and facilities including, but not limited to, pavement, fencing, signs and landscaping constructed, installed or placed on, under or above any leased area by, or with the concurrence of, a Lessee of Airport property. Leased Premises or Premises – real estate at the Airport covered by an Agreement or Lease. Lessee or Operator or Tenant – an Entity that has entered an Agreement or Lease with the Department. Lessor or Landlord – the Department Mobile Service Provider or MSP - an Entity that conducts one or more authorized Revenue Generating Aviation Activities on, at or from the Airport, but does not operate out of leased or Subleased Premises. Examples of MSPs include, but are not limited to, Aircraft mechanics, flight instructors, Aircraft detailers, and oil recyclers. On Demand Air Transportation - is unscheduled commercial air transportation for hire operated under FAR parts 119 and 135 Preventive Aircraft Maintenance - maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations listed in FAR Part 43. Public Airport - an airport used or intended to be used for public purposes (A) that is under the control of a public agency and (B) of which the area used or intended to be used for the landing, taking off, or surface maneuvering of Aircraft is publicly owned. Ramp – paved areas suitable for parking Aircraft. Repair Facility – a facility (sometimes called a shop) that is used for repairing Aircraft or Aircraft systems, components or accessories including, without limitation thereto, engines, powerplants, propellers, radios, navigational aids and instruments Revenue-Generating Aviation Activity – any commercial activity which relates to the fabrication, operation, maintenance, modification, repair, cleaning [exterior and/or interior], refurbishing, restoration, overhaul, painting, plating or refinishing of Aircraft; or of the airframes, powerplants, components, equipment, s ystems or accessories of Aircraft Revenue-Generating Aviation Activities include, but are not limited to, pilot training; demonstration flights; “dog-fighting”; Aircraft rental; sightseeing flights; glider towing; parachuting; “sky diving”; aerial ambulance; aerial firefighting; aerial photography or surveying; aerial advertising; aerial traffic or news reporting; powerline, pipeline or other aerial patrolling; aerial application; weather modification; air taxi or charter; Aircraft sales, including fractional ownership; commercial flying clubs; management of Aircraft owned by others; Aircraft scheduling: passenger handling; ground handling; passenger security screening; baggage, mail or freight DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” loading/unloading and/or transportation on the Airport; Aircraft marshalling and push- back; receipt and/or storage on the Airport of mail, baggage or freight; flight dispatch; loading bridge operation; the sale and/or delivery or installation of Aircraft components, parts, systems or accessories, and the sale and/or delivery of products used by or in Aircraft, including fuel, lubricants, additives, oxygen and flight meals. Revenue Generating Aviation Activities do not include any of the above activities if conducted by a governmental unit or agency in support of it s governmental functions; nor do Revenue-Generating Aviation Activities include Airline operations or any of the above activities conducted by an Airline with its own employees in support of its Air line operations; nor do Revenue Generating Aviation Activities include Aircraft Operations by transient or itinerant Aircraft, or non-commercial Aircraft operations by personal or business aircraft based at the Airport in a Leased hangar or tie-down space. Specialized Aviation Service Operator or SASO – an Entity that is authorized to engage in one or more Revenue Generating Aviation Activities , but is not an FBO. Sublease or Subcontract - a written agreement stating the terms and conditions under which a third party Entity (the Sublessee or Subcontractor) rents space (Subleased Premises) at the Airport from a Lessee, and/or conducts a Revenue Generating Aviation Activity from a Lessee’s Premises. A Sublease or Subcontract can not authorize the Sublessee or Subcontractor to conduct any Business at the Airport: business privileges can be authorized only by the City, in a complementary Agreement between the Subcontractor or Sublessee and the City Through-the-Fence Business Operation - An aviation-related business activity located in the immediate vicinity of the Airport, but not on Airport property, which activity would be a Revenue Generating Aviation Activity if located at or on Airport property; and which requires some entrance upon Airport property by the business operator for the business activity to be accomplished. A Through-the-Fence Business Operation relies upon Airport users as a continuous and significant source of its business. An example would be an Aircraft inspection and repair business where the Aircraft or a major Aircraft component is ground transported off the Airport for the inspection and repair and returned to the Airport upon completion of the inspection and repair. SECTION 3. STATEMENT OF POLICY - PRINCIPLES APPLYING It is the policy of the City to operate and develop FCH as a r eliever airport for the City’s airline airport, FYI, with FCH primarily serving general aviation Aircraft. Both Airports will be operated and developed by the Department as a financially self-supporting, complementary system of airports serving the entire range of airport users safely, securely and efficiently, offering reliable, high quality aviation products and services to meet the air transportation needs and desires of the region’s citizens, visitors, commerce and economy in an environmentally friendly manner and as a good neighbor. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” To meet these policy goals, the Department shall be guided by the following principles: 1. No Entity may regularly engage in any Revenue Generating Aviation Activity at, on or from the Airport without first entering a written Agreement with the City which will prescribe the Revenue Generating Aviation Activity or Activities authorized and/or required to be offered. 2. Entities so authorized will be required to make a financial investment in Improvements and/or Equipment sufficient to satisfy the reasonably anticipated demand for the Business(es) authorized. 3. The rents, fees and/or charges charged to their clients and customers by authorized Entities shall not be higher than are reasonable and customary in that trade or business in Central California. 4. The rents, fees and/or charges charged by the Department shall be fair and not unduly discriminatory, taking into consideration the Department’s direct and indirect costs of providing, maintaining, servicing and keepin g secure the Airport, including the rented or Subleased Premises, the market value of same, the revenue potential of the Revenue Generating Aviation Activities authorized and their relative importance to the region. Before commencing Business operations, authorized Entities shall post and maintain security equivalent to not less than three months’ of the anticipated rents fees and/or charges payable to the Department. 5. The term of any Agreement, including any options to extend, shall be no longer than required to reasonably amortize the investment in Improvements to Airport Premises that the Lessee is required to make. 6. In addition to compliance with all applicable building, zoning and hazard codes and the FCH Specific Plan, all Improvements must be approved by the Department as to architectural suitability, location and height with respect to other Airport facilities. No Improvement will be permitted that in any way interferes with or derogates Airport operations, or other Airport facilities, o r encroaches into or conflicts with any building restriction line or safety area depicted on the current ALP. 7. The then effective Airport Master Plan and FCH Specific Plan shall control the types, placement and sizing of all future facilities at the Airport. No extant facility that does not conform with the then current Airport Master Plan and FCH Specific Plan shall be used or leased on terms that might impede or delay the timely development of the Airport in conformity with the then current Airport Master Plan and FCH Specific Plan, nor shall any Improvements to such facility be allowed if that might impede or delay timely subsequent development of the Airport in conformity with the said Master Plan and FCH Specific Plan. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” 8. The highest and best use shall be made of the limited Airport premises so as to maximize the capacity of the Airports system to meet the air tra nsportation needs and desires of the Airports’ region. Lower or lesser uses may be authorized on an interim basis to provide interim revenues to the Department, but any such lower or lesser use(s) shall be on bases that will not impede or delay the eventual highest and best use. Hangars shall be used for the storage of Aircraft that are Airworthy or in the process of being made Airworthy and Aircraft associated support materials, AND/OR in the case of authorized FBOs or SASOs for the conduct of their authorized Business(es). Without limiting the generality of the foregoing, no hangar may be used primarily for storing or inventorying personal property that is not closely associated with the servicing, maintenance and/or care of Airworthy Aircraft or Aircraft actively in process of being made Airworthy, or being prepared for public display, or being specially prepared, treated and preserved for future rehabilitation. 9. Through-the-Fence Business Operations shall be authorized only if the products or services to be offered are not already available on the Airport and there is no reasonable possibility of accommodating the Through-the-Fence applicant on the Airport. SECTION 4. GENERAL LEASE PROVISIONS/OBLIGATIONS; INCORPORATION BY REFERENCE All Agreements authorizing any Revenue Generating Aviation Activity at the Airport shall incorporate by reference the following provisions and the then effective Minimum Standards, but only to the extent each such provision or standard is not in conflict with any express provision of the Agreement. In the case of any conflict, the Agreement shall control. 1. Employee Conduct and Customer Service Emphasis A. Management Control and Supervision - Each authorized Operator is required to employ the necessary quantity of trained management and supervisors to provide for the safe, secure, and timely compliance with its Lease obligations. B. Personnel Training and Certification - All authorized Operator personnel shall be fully qualified and trained to provide a high quality standard of courteous, efficient, and safe service to the public and customers. Personnel shall meet all Federal, State, and local certification and licensing requirements applicable to their individual duties. 2. Facilities for the storage and disposal of toxic materials and contaminants must comply with all applicable governmental rules, regulation s, standards and requirements. Operator will obtain all necessary permits for storage and disposal DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” and will provide Lessor with copies of such permits and evidence of compliance with the terms and conditions thereof. Improper storage or disposal of toxic materials or contaminants shall be grounds for termination of the lease. Operator shall be liable for the costs of correcting any contam ination or damage to the Leased Premises and/or adjacent areas caused by improper storage, disposal or use of any such materials, which liability shall survive the expiration or earlier termination of the Lease. 3. Nothing contained in the Lease shall be construed to grant or authorize the granting of an exclusive right to provide aeronautical services to the public as prohibited by Section 308 (a) of the Federal Aviation Act of 1958, as amended, and the City reserves the right to grant to others the privilege and right of conducting any one or all activities of an aeronautical nature , so long as they meet the Minimum Standards. 4. The City reserves the right, but shall not be obligated to the Operator, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the airport, together with the right to direct and control all use of said landing area and facilities, including Operator’s use. 5. The City reserves the right to further develop or improve the AOA as it deems necessary, regardless of the desires or view of the Operator, and without interference or hindrance by or from the Operator. 6. During the time of war or national emergency, the City shall have the right to Lease the landing area or any part thereof to the United State s Government for military use, and if such Lease is executed, the provisions of the Operator’s Lease insofar as they are inconsistent with the provisions of the Government’s Lease, shall be suspended. 7. The City reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction together with the right to prevent the Operator from erecting, or permitting to be erected any building or other structure on or adjacent to the Airport which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to Aircraft. 8. The Lease shall be subordinate to the provisions of any existing or future agreement between the City and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the receipt or expenditure of Federal funds for the development of the Airport. 9. The Operator shall not assign or otherwise transfer any interest in Operator’s Lease, nor shall Operator Sublease or assign any interest in its Leased Premises or any portion thereof without the express, written consent of the City. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” 10. No Airport facilities, including hangars, Ramps and vehicular parking areas, shall be used for the storage of cars, trucks, recreational vehicles, boats, trailers, mobile homes, household furnishings or any other personal property not associated with the conduct of the Business or use authorized. Without limiting the generality of the foregoing, Operator shall not store at the Airport any Derelict Aircraft, nor shall Operator allow its Premises at the Airport to be used for the storage of Derelict Aircraft. 11. Operator shall submit on an annual basis all information deemed by the Department to be relevant to Operator’s credit worthiness and financial stability. Operator is required to satisfy the Director that it is financially able to perform the services authorized in its Agreement. This shall include the responsibility to demonstrate continued financial solvency and business ability by subm itting an annual financial statement, credit references, and any other proof the Director may require from time to time. Information provided shall be in a format determined by and acceptable to the Director. The Director shall be the final judge as to the qualifications and financial ability of Operator. Operator agrees that the Director may undertake such investigation and inspection as it deems necessary and appropriate. 12. The use of any Airport Premises shall conform to all applicable Airport /local/ state/ federal rules and regulations including but not limited to; building and fire codes; E.P.A. regulations and storm water discharge permit restrictions. 13. During Operator’s activity at the Fresno Chandler Executive Airport, the Operator 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 CITY'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, contractual liability and hangar keepers liability (if applicable) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000 aggregate for products and completed operations. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” (ii) COMMERCIAL AIRCRAFT LIABILITY insurance which shall include coverage for “bodily injury” (including passengers) and “property damage”, including aircraft personal injury liability, newly acquired aircraft liability, non-owned aircraft liability, hangar keepers liability and contractual liability with limits of liability of not less than $10,000,000 per occurrence for bodily injury and property damage [required only if Operator’s activity includes the operation of aircraft]. (iii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) form CA 00 01 and shall include coverage for “any auto” with limits of liability of not less than $1,000,000 per accident for bodily and property damage. (iv) Fire and Extended Coverage Insurance against loss or damage to the building or structure, including improvements and betterments, by fire and lightning, with extended coverage insurance for vandalism and malicious mischief insurance and sprinkler system leakage insurance. Such extended coverage insurance will, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such insurance. Such insurance will be in an amount equal to the full replacement cost (without deduction for depreciation) of the building or structure, including improvements and betterments, with no coinsurance penalty. (v) WORKERS' COMPENSATION insurance as required under the California Labor Code. (vi) 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 [required only if Operator has employees]. All policies of insurance required hereunder shall be end orsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar day written notice by certified mail, return receipt requested, has been given to the City. Upon issuance by the insu rer, broker or agent of a notice of cancellation, non-renewal or reduction in coverage or limits, Operator shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy(ies) are due to expire during Ope rator’s activity at Fresno Chandler Executive Airport, Operator shall provide a new DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” certificate and all applicable endorsements evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). The General Liability, Automobile Liability and Aircraft Liability insurance policies shall name City of Fresno, its officers, officials, agents, employees and volunteers as an additional insureds. Operator’s insurance shall be primary as respects to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents and volunteers shall be excess of the Operator’s insurance and not contribute with it. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. Operator shall have furnished CITY with the certificate(s) and applicable endorsements for ALL required insurance before conducting any activity at the Fresno Chandler Executive Airport. Operator shall furnish City with copies of the actual policies upon the request of CITY'S Risk Manager or his/her designee and this requirement shall survive the use of City grounds and facilities. If at any time during Operator’s activity at Fresno Chandler Executive Airport, Operator fails to maintain the required insurance in full force and effect, the Operator’s activity at Fresno Chandler Executive Airport shall be discontinued immediately until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. The City reserves the right to change the required insurance coverage at any time by letter and the Operator shall comply within thirty (30) days from date of notice. 14. Operator 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, Operator or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of the activity of the Operator, its principals, officers, agents, employees, persons under the supervision of Operator, vendors, suppliers, invitees, consultants, sub - consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them at the Fresno Chandler Executive Airport. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” 15. Lessee, or Lessee’s personal representative, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, gender, religion or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction in the use of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, gender, religion or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, office of the Secretary, Part 21 nondiscrimination federally-assisted programs of the U.S. Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Department shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. Lessee agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discount, rebate or other similar types or price reductions to volume purchasers. 16. Lessee, if applicable, must provide a plan meeting all local, state and federal regulations for the storage, containment and disposal of contaminants and toxic waste. 17. Lessee agrees to comply with airport rules and regulations as established and revised from time to time by the Director. 18. Lessee agrees to engage only in the Business or activity authorized by its Agreement. Failure to actively engage in one or more of the Businesses authorized for a period of 90 days or more, shall be grounds for termination by the City of the authority to engage in that or those Businesses, or termination of the Lease. Lessee shall notify the Director of every instance where Lessee has knowledge of, or suspects that, another Entity is using Lessee’s Premises for a Revenue- Generating Aviation Activity not authorized by the Department. Failure to timely take reasonable means to determine if a particular activity constitutes an unauthorized Revenue-Generating Aviation Activity shall make Lessee liable to the City for the fees and charges pertinent to the unauthorized Revenue - Generating Aviation Activity as if it had been authorized. Further, Lessee shall DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” forthwith take steps to terminate the unauthorized Revenue -Generating Aviation Activities. 19. Operator shall abide by all provisions of the then current, approved Airport Security Plan. Without limiting the generality of the foregoing, Operator shall not provide airport gate codes or keys to any member of the general public AND Operator assumes responsibility for the conduct of its employees, officers, directors, agents, customers, clients and business invitees at the Airport. If violations of the Airport Security Plan by the Operator or any of the people for whom the Operator has assumed responsibility result in fines being levied against the City by any federal or state agency, Operator will reimburse the Department for the full cost of such fines within thirty (30) days of payment . Any conduct which the Director deems to constitute a violation of the Approved Airport Security Plan or a threat to pubic safety, health or security must be discontinued immediately and may not be re-commenced until specifically authorized in writing by the Director. 20. Operator and/or Operator’s employees must possess all the licenses, certificates and ratings necessary to lawfully engage in the businesses and activities authorized and/or required. 21. Operator shall keep the Leased or Subleased Premises neat , clean and appropriately supplied and shall conduct the lawful, sanitary, and timely handling and disposal of all solid waste, regulated waste, and other materials including, but not limited to, sump fuel, used oil, solvents, and other regulated waste. The piling and storage of crates, boxes, barrels, containers, refuse, and surplus property is not permitted upon Airport Premises. . 22. Operator shall provide and properly locate about the Leased Premises the proper number, types, and sizes of fire extinguishers, and other safety equipment, in accordance with the Uniform Fire Code. All fire extinguisher certifications must be kept current. 23. Operator acknowledges that owners of Aircraft are entitled to use the AOA and may tie-down, adjust, repair, refuel, clean, and otherwise service the ir own aircraft, provided the service is performed by the Aircraft owner him/herself Any unreasonable restrictions imposed on owners or operators or Aircraft by the Operator will be construed as a violation of City policy. SECTION 5. MINIMUM FACILITIES, EQUIPMENT, HOURS OF OPERATION, STAFFING, ET. AL. 1. Application of this Section 5 DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” All Entities authorized to conduct any Revenue Generating Aviation Activity at the Airport shall comply with ALL the requirements set forth in this Section 5 that are applicable to the Business(es) authorized UNLESS expressly waived or modified in writing by the Director. The mere omission of any particular minimum requirement in a Lease shall not constitute a waiver or modification of the minimum requirement. The Director may expressly waive or modify, in writing, any portion of these Section 5 minimum requirements for any Entity upon Director’s determination that such waiver or modification is in the best interest of the publ ic and will not result in undue discrimination against other Entities authorized to engage in the same or similar Business(es) at the Airport. When an Agreement authorizes multiple Revenue Generating Aviation Activities, the authorized Entity shall comply with the minimum requirements established for each separate Business authorized, but the space or capacity requirements need not be cumulated if the Operator can demonstrate, to the satisfaction of the Director, that the facilities will be adequate to allow all the authorized Businesse s to be conducted simultaneously. In such cases, the minimum requirement that is most strict or imposes the highest standard shall apply, as a minimum. Revenue Generating Aviation Activities not currently being offered or provided at the Airport, and for which minimum requirements have not yet been established, will be addressed by the Director as and when applications to offer or engage in such Businesses are received. 2. FBOs Buildings Each FBO shall lease or construct a public use terminal building complex including: A customer service counter/office of not less than 100 square feet, with operating two-way air-to-ground radio, current aviation charts [covering California and the immediately adjacent states] for sale, and facilities for obta ining rental cars or the use of a courtesy car A well lighted, comfortably heated and air conditioned waiting lounge of not less than 400 square feet, furnished with comfortable seating for not less than ten people A discreet flight planning area within or adjacent to the lounge, properly equipped with appropriate wall charts, NOTAMs board, local-access telephone to contact Flight Service, and a computer to access current aviation weather information. Men’s and Ladies’ rooms accessible from the lounge. A public use phone with posted list of numbers to call for after-hours FBO services, overnight accommodation, and ground transportation. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” A free-span hangar of not less than 20,000 square feet Paved parking as required by code, but not less than sufficient to park ten automobiles Above-ground, double-walled fuel storage tank(s) with not less than 12,000 gallons capacity of aviation gasoline A tank of not less than 5,000 gallons storage for Jet A fuel, which may be truck - mounted or stationary. If stationary, it shall be above ground, double-walled and located with the aviation gasoline storage and plumbed for self fueling like aviation gasoline Storage for not less than 144 quarts of the most popular grades of aviation oil An air hose for inflating aircraft tires, and a constant supply of paper towels for pilots use wiping dipsticks and/or cleaning aircraft windshields. Equipment Each FBO shall provide: A tug capable of towing an aircraft of 12,500 # gross weight Tow bars to fit common GA aircraft An air start cart or vehicle An electric “boost” cart or vehicle with 1600 amps capacity at both 14 and 28 volts, with adapters to fit common GA aircraft [all the foregoing may be combined in one or more vehicles] An air compressor capable of compressing air to not less that 125 psi for landing gear strut and/or tire inflation Bottled nitrogen for inflating Aircraft landing gear struts and/or tires Dollies and other equipment for use with the tug in removing disabled aircraft of 12,500 # gross weight from the AOA Aviation grade oxygen re-fills Hours of Operation . Each FBO shall be open for business and attended during all daylight hours except Sundays and not more than nine major holidays each year. Any closures or other deviations from this schedule must be requested in advance and approved in writing by the Director. During regular business hours, each FBO shall promptly provide Equipment and trained personnel to remove disabled Aircraft (under 12,501#) from the AOA – at the request of, and with an appropriate release of liability or indemnification from the owner or operator of the disabled aircraft or the Director. Outside regular business hours, each FBO shall be on-call to provide the same Equipment and trained personnel within four (4) hours. If multiple FBOs are obligated to provide aircraft removal services on the Airport, they may agree among DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” themselves as to which shall be on -call and when, provided that a copy of their written agreement is supplied to the Director and kept current thereafter Each FBO shall be on-call to provide after-hours fuel service within four (4) hours of a customer request. Each FBO shall have on duty during the required operating hours of each Core FBO service a quantity of personnel sufficient to meet the Minimum Standards for each authorized and/or required business. However, multiple responsibilities may be assigned to employees where feasible. Qualifications of Fuel Handling Personnel All FBO fuel handling personnel shall be trained in the safe and proper handling, dispensing, and storage of aviation fuels. The FBO shall develop and maintain Standard Operating Procedures (SOP) for refueling and ground handling operations and shall ensure compliance with standards set forth in the Uniform Fire Code and FAA Advisory Circular 00-34A, Aircraft Ground Handling and Servicing. The SOP shall address bonding and fire protection, public protection, control of access to the fuel storage area, and marking and labeling of fuel storage tanks and fuel dispensing equipment, and shall be submitted to the Director no later than thirty (30) days prior to the FBO commencing fueling activities. Additionally, the FBO shall comply with FAA Advisory Circular 150/5230-4, Aircraft Fuel Storage, Handling, and Dispensing on A irports, Airport rules and regulations, and all other applicable laws related to aircraft fuel handling, dispensing and storage. Each FBO shall obtain all applicable fueling certifications and permits, and receive periodic refresher training as required. The Director and/or the FAA may periodically conduct inspections of the FBO activities and facilities to ensure compliance with laws, regulations, and Minimum Standards. Additional Requirements for FBOs Each FBO shall furnish good, prompt, courteous and efficient services, adequate to meet all reasonable demands, on a fair, reasonable and non-discriminatory basis. Each FBO shall operate its business in a first-class manner and shall, at all times, keep its premises at the Airport in a safe, clean and orderly condition consistent with the Business activities authorized, and satisfactory to the Director. Each FBO shall accept not less than three major credit cards and at least one oil company credit card. Each FBO shall select and appoint a full-time manager of its operations at the Airport. Such manager shall be properly qualified and experienced and shall be vested with full power and authority to act in the name of the FBO in respect to the DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” method, manner and conduct of the authorized Business. Such manager or a duly authorized subordinate shall be present and available at the Airport during regular business hours. Each FBO shall provide the Director, and keep current, a typed list of the names, addresses, and contacts for all personnel responsib le for the operation and management of the FBO. In addition, the Director shall be provided a point-of-contact with phone numbers for emergency situations. All FBO personnel who have regular contact with the public or customers of the FBO (except the FBO’s pilots, office personnel, marketing personnel and offsite sales persons) shall wear attractive uniforms with appropriate insignia and nameplate so they may be readily identified. Each FBO shall control the conduct, demeanor and appearance of its empl oyees and representatives. Upon receiving a reasonable and specific complaint from the Director concerning the conduct, demeanor or appearance of any employee, the FBO shall forthwith take all steps necessary to remove the cause of the complaint. 3. SASOs A. General Requirements for all SASOs Operating hours Eight daylight hours per day, on the same five continuous days each week, exclusive of a two week period when a SASO may, by prior notice, be closed for vacation. The operating hours shall be posted near the door to the Operator’s Leased or Subleased Premises. Leased Space Each SASO shall operate out of a building located on the airport. The Leased or Subleased Premises shall be of an appropriate size to accommodate the services being offered, be accessible to the public, and be marked with appropriate external signage. Each SASO shall provide paved auto parking appropriate for the needs of the business. Responsible Personnel Each SASO shall provide the Director, and keep current, a typed list of names, addresses, and contacts of all personnel responsible for the operation and management of the SASO. B. Additional Requirements for Specific SASOs DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” 1. Flight Training SASOs SASOs providing aircraft dual and solo ground and flight instruction necessary to complete the written examination and flight check for any category of pilot certificate or rating shall, as a minimum: a. Provide at least one (1) or more FAA certified flight instructors as necessary to meet the flight training demand and schedule requirements. b. Provide at least four (4) properly licensed and maintained fixed wing aircraft and/or at least one (1) helicopter equipped to accomplish the services offered. If only helicopter instruction is offered, no fixed wing aircraft will be required. c. Provide air-conditioned classroom space of not less than 100 square feet. 2. Airframe and Power Plant Maintenance SASOs SASOs providing major or minor airframe and/or power plant servicing, maintenance, overhaul, repairs or modifications shall: a. Operate from a ventilated shop space large enough to accommodate one multi-engine Aircraft of 12,500# gross weight. b. Have on-duty at lest one (1) FAA-certified technician who posses an airframe and/or powerplant certificate, with inspection authorization, or possess and operate s pursuant to repair station certificate pursuant to FAR Part 145. c. Provide equipment, supplies and parts required for GA aircraft and power plant inspection, maintenance and repair. 3. On-Demand SASOs SASO's providing On-Demand Air Transportation shall: a. Provide at least one (1) person who is appropriately licensed and rated to permit the flight activity offered by the SASO. b. Provide one properly maintained and equipped aircraft to accomplish the services offered. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” An On-Demand SASO shall have and display, a current FAR Part 135 Certificate. 4. Aircraft Rental SASOs SASOs renting aircraft to be flown by third-party, licensed pilots shall: a. Have at least one (1) person available to meet customers' needs. b. Have available for rental, a minimum of four (4) owned or leased fixed wing aircraft and/or one helicopter, all of them certified and Airworthy. These may be the same aircraft used for flight instruction if the Aircraft Rental SASO is also a Flight Training SASO. 5. Avionics Maintenance and Sales SASOs SASOs providing avionics services, which include the maintenance, repair, and installation of aircraft avionics, radios instruments, and accessories, and includes the sale of such equipment, shall: a. Operate in ventilated office or shop space on the Airport that is able to accommodate at least one fixed wing aircraft. b. Have at least one (1) trained and FAA certified technician. c. Hold the appropriate FAA certificates required for the types of services offered. 6. Aircraft Hangar Rental SASOs An Aircraft hangar rental SASO leases and rents hangars or hangar space or tie - down space to third-party aircraft owners or operators solely for those third- parties’ storage of their owned or operated Aircraft. An Aircraft hangar rental SASO shall: a. Lease or construct hangars sufficient to store, in complete security, not less than twenty (20) single-engine GA Aircraft. Each hangar shall be lighted and have not less than 15 amps electrical service. SASO shall provide for its hangar tenants at least one lockable rest room for every 20 hangars or portion thereof, with a n outside hose bibb. Further, SASO shall provide trash bins for use by SASO’s tenants, which SASO shall empty as often as required but not less DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” than once each week, disposing of the trash at SASO’s expense at a location off the Airport. b. Make known contact name and phone number for SASO, hangar availability, and rental rates by posted informational sign. Operator shall employ a system of master-keyed padlocks and shall supply each hangar tenant a discrete lock, which said tenant shall use exclusively to secure his/her rented hangar. Two copies of the master key shall be provided to the Director. c. Provide the Director, and keep current, a list of all Operator’s renters, with their names addresses and phone numbers and the make, model and “N” number of their stored Aircraft, plus a list of Aircraft owners, if any, waiting for a hangar to become available for rental. d. SASO shall rent hangars for aircraft storage purposes only. Without limiting the generality of the foregoing, no hangar may be used primarily for storing or inventorying personal property that is not closely associated with the servicing, maintenance and/or care of an Airworthy Aircraft stored in the hangar. or Aircraft actively in process of being made Airworthy in the hangar, or an Aircraft being prepared for public display, or being specially prepared, treated and preserved for future rehabilitation in the hangar. Extensive Storage of personal property in any hangar, except as a incident of the hangar’s primary use as aforesaid, shall constitute a breach of the SASO’s Agreement with the City. e. Hangar tenants may perform only Preventive Aircraft Maintenance in accordance with 14 CFR Part 43 within the ir rented hangars. Any other aircraft maintenance must be perform ed by an authorized FBO, SASO, MSP, or by the tenant in accordance with 14 CFR Part 43.3(d). Experimental aircraft construction and maintenance is allowed in accordance with 14 CFR Parts 21 and 65. Any type of hazardous or combustible material storage shall be permitted within the hangar property only in amounts allowed under the Uniform Fire Code. The piling and storage of crates, boxes, barrels, and containers, refuse, and surplus property shall not be permitted outside the hangar. All activity in or about the hangars shall be in accordance with the requirements of the Uniform Fire Code. 7. Aircraft Sales SASOs SASOs providing new and/or aircraft sales and aircraft brokerage services shall: DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “D” a. Operate from an exclusively occupied office on the Airport and have at least one (1) qualified aircraft salesperson who holds a current pilot certificate with appropriate aircraft type ratings 8. Aircraft Restoration, Painting, and Refurbishing SASOs SASOs providing the restoration, painting and refurbishing of aircraft structures, propellers, accessories, interiors, exteriors, and components, shall: a. Operate from a ventilated shop space large enough to accommodate one multi-engine Aircraft of 12,500# gross weight. b. Have at least one (1) qualified person that has certificates appropriate for the work performed. c. Meet all requirements of the Uniform Fire Code. d. If painting is to be performed on the Airport, holds any and all the air quality and other permits required for same. 9. Specialized Flying Services SASOs SASOs providing specialized commercial flying services such as non -stop sightseeing tours, aerial photography or surveying, power line or pipeline patrol, firefighting or fire patrol, air ambulance, airborne mineral exploration, banner towing, and other air transportation operations specifically excluded from FAR Part 135 shall: a. Provide at least one (1) person who holds a current FAA appropriate pilot certificate and medical certificate with ratings appropriate for the operator's aircraft. b. Own or lease at least one (1) Airworthy Aircraft. 10. Commercial Skydiving Inasmuch as the Airport is located under FYI’s Class C Airspace, n o skydiving whatsoever is authorized at, on or from the Airport. DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Last Updated 07/11/2005 22 J:\FCH\Master Documents\7-26-05, Minimum Standards FCH (Final).doc 11. Aerial Applications Aerial application operations are not authorized at, on or from the Airport. 12. Mobile Service Providers. If the Director shall determine that the significant needs of Chandler’s based aircraft owners are not being adequately served by the authorized, on -airport SASOs, he may, in his discretion, authorize Mobile Service Providers who shall meet at least the following general requirements: Each MSP shall hold a City issued Commercial Aviation Operator Permit. Each MSP shall ensure compliance with Airport Security Access Plan. Each MSP shall provide sufficient qualified personnel necessary to meet the Minimum Standards for each aeronautical service provided. However, multiple responsibilities may be assigned to employees where feasible. Each MSP shall provide the Director, and keep current, a written statement of names, addresses, and contacts of all personnel responsible for the operation and management of the MSP. 7/11/05 version DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 EXHIBIT “E” DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Exhibit “E” DISCLOSURE OF CONFLICT OF INTEREST between City of Fresno (“Fresno”) (“ ”) 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) DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 540 W. Kearney Blvd. X X X 4/12/2023 New Vision Aviation Joseph Oldham X Fresno, CA 93706 X X EXHIBIT “F” DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 Revised January 2023 IIDDEENNTTIIFFIICCAATTIIOONN TTEENNAANNTT AAPPPPLLIICCAATTIIOONN TENANT INFORMATION Full Name _____________________________________________________________________________________________ (Please Print) First Middle Last Residence Address _____________________________________________________________________________________________ Street Apt. # City State Zip Phone #Cell # Email: Emergency Contact (1) _____________________________________________________________________________________ (Please Print) First Middle Last Emergency Contact Phone # Company Name Aircraft Hangar Number(s)/Tail Number(s) The information I have provided is true, complete, and correct to the best of my knowledge and belief and is provided in good faith. I understand that a knowing and willful false statement can be punished by fine or imprisonment or both. (Section 1001 of Title 18 of the United States Code) Signature:Date PLEASE DO NOT WRITE BELOW THIS LINE (RESERVED FOR OFFICIAL USE ONLY) Issued: Expires: File # Pin # TTeennaanntt//VVeennddoorr// SSuubb TTeennaanntt AIRPORT PROPERTY MANAGER AUTHORIZED SIGNATURE Full Name (Print) First Middle Last Signature Date FRESNO YOSEMITE INTERNATIONAL AIRPORT · FRESNO CHANDLER EXECUTIVE AIRPORT PUBLIC SAFETY OFFICE 4995 E CLINTON WAY FRESNO, CA 93727 559-621-6650 Last Name First Initial DocuSign Envelope ID: EF60173E-73B5-4989-B1BD-BB69C3420AF7 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-707 Agenda Date:5/11/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SUBJECT Approve a cooperative purchase agreement with Braun Northwest, Inc. of Chehalis, Washington, for the purchase of one NorthStar 267-5 mobile command vehicle in the amount of $444,740 for the Fresno Police Department to manage responses to emergency scenes and provide de-escalation support during critical incidents RECOMMENDATION Staff recommends Council approve a cooperative purchase agreement with Braun Northwest, Inc. of Chehalis, Washington, for the purchase of one NorthStar 267-5 mobile command vehicle in the amount of $444,740 for the Fresno Police Department to manage responses to emergency scenes and provide de-escalation support during critical incidents. EXECUTIVE SUMMARY The City of Fresno Police Department is requesting approval to purchase one NorthStar 267-5 mobile command vehicle as an addition to the fleet. The new unit will serve as a mobile headquarters at emergency scenes, allowing officers and crisis negotiators to provide de-escalation support during critical incidents. De-escalation support is a practice in which officers try to avoid using force and instead focus on slowing the action down to respond more effectively.The mobile command vehicle will provide space, tools, and resources to crisis negotiators while engaged in tense conflict resolutions at emergency scenes.The new unit will be purchased through a competitively solicited procurement process administered by Houston-Galveston Area Council (HGAC). This will be funded by the adopted FY2023 budget. BACKGROUND With an emphasis on community partnerships, the Police Department is responsible for daily policing operations within the city of Fresno. The overall goal of the Police Department is to maintain the highest level of service while keeping our community safe. To accomplish this goal, officers utilize marked patrol units, under cover units, and specialty support equipment. This specialty equipment includes SWAT vehicles, offroad equipment, trucks, and trailers. This equipment is used to support policing activities, respond to emergency calls, and proactively engage in community outreach. To accomplish this mission, the Police department has requested to add a specialized vehicle to the fleet that would serve as a mobile command center. This vehicle will be used to manage and stage responses to emergencies such as: hostage situations,active shooters,suicide attempts, and natural or man-made disasters. The goal of this unit is to provide space, tools, and resources to negotiators to de-escalate tense situations at emergency scenes.De-escalation City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 MA/MK 6-0 LC ABSENT File #:ID 23-707 Agenda Date:5/11/2023 Agenda #: 1.-D. provide space,tools,and resources to negotiators to de-escalate tense situations at emergency scenes.De-escalation support is a practice in which officers try to avoid using force and instead focus on slowing the action down to respond more effectively. The NorthStar 267-5 mobile command vehicle will be a Ford F-650 cab and chassis outfitted with a large enclosure designed to house personnel and needed equipment.This new addition to the fleet will meet the latest vehicle emissions standards set by the California Air Resource Board and complies with all safety standards required for a vehicle of this class. The new truck will be acquired through a cooperative purchase agreement,utilizing a previously solicited procurement process administered by the Houston-Galveston Area Council (HGAC).The total purchase price is $444,740,this price includes the HGAC discount applied to City purchases as well as delivery and sales tax at 8.35%.The Purchasing Division has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract does not qualify as a project. LOCAL PREFERENCE Local preference was not implemented because this is a cooperative purchase. FISCAL IMPACT General Funds will be used to lease purchase the NorthStar 267-5 mobile command vehicle.Funding to cover the first lease payment on this vehicle has been included in the FY2023 adopted budget under the operations of the Police Department. Attachments: Manufacturer Stock Photos of Mobile Command Vehicle Braun- Northwest Contract Amendment 1 Contract Extension City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ MOBILE COMMAND VEHICLE MANUFACTURER STOCK PHOTOS (NOT ACTUAL VEHICLE) H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Braun Northwest, Inc. - Public Services - - Page 1 of 7 GENERAL PROVISIONS This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Braun Northwest, Inc., hereinafter referred to as the Contractor, having its principal place of business at 150 North Star Drive, Chehalis, WA 98532. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 4: WHOLE AGREEMENT The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5: SCOPE OF SERVICES DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 2 of 7 The services to be performed by the Contractor are outlined in an Attachment to this Agreement. ARTICLE 6: PERFORMANCE PERIOD This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement. ARTICLE 7: PAYMENT OR FUNDING Payment provisions under this Agreement are outlined in the Special Provisions. ARTICLE 8: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement. ARTICLE 9: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions. ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 11: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC. ARTICLE 12: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 3 of 7 off the premises by authorized representatives of its own or any public accounting firm selected by H- GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements. ARTICLE 13: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 14: CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. ARTICLE 15: TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. A. Convenience H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H- GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 4 of 7 H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances: (1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. ARTICLE 16: SEVERABILITY H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 17: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 18: CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 19: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 5 of 7 applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under this Agreement. ARTICLE 21: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement. ARTICLE 22: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 6 of 7 END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement. ARTICLE 23: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 24: JOINT WORK PRODUCT This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 25: DISPUTES All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision. ARTICLE 26: CHOICE OF LAW: VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 27: ORDER OF PRIORITY In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments. DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 7 of 7 SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by: Braun Northwest, Inc. Signature $docusign:SignHere::Customer1 Name Tami McCallum Title Date $docusign:DateSigned::Customer1 H-GAC Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSigner DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B VP of Sales 10/20/2020 10/21/2020 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Braun Northwest, Inc. - Public Services - Page 1 of 4 SPECIAL PROVISIONS Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal. ARTICLE 2: END USER AGREEMENTS (“EUA”) H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 2 of 4 benefits, or terms to H-GAC and the END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its ag encies. ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder . Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: a. General liability insurance with a Single Occurrence limit of at least $1 ,000,000.00, and a General DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 3 of 4 Aggregate limit of at least two times the Single Occurrence limit. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order. ARTICLE 10: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement. ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Page 4 of 4 Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Ambulances, EMS & Other Special Service Vehicles A. Ambulance AM20CA01 North Star - Type 1 - Ford F350 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 164,754.00$ AM20CA02 North Star - Type 1 - Ford F350 4x4 - Diesel Engine - 155"L x 94"W x 72" HR 179,514.00$ AM20CA03 North Star - Type 1 - Ram 3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 163,737.00$ AM20CA04 North Star - Type 1 - GMC K3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 167,646.00$ AM20CA05 North Star - Type 1 - Chevrolet 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 186,451.00$ AM20CA06 North Star - Type 1 - Ford F450 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 179,546.00$ AM20CA07 North Star - Type 1 - Ford F450 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 182,158.00$ AM20CA08 North Star - Type 1 - Ram 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 180,907.00$ AM20CA09 North Star - Type 1 - Medium Duty - Ford F650 4x2 - Diesel Engine - 167''L x 96''W x 72'' HR 204,643.00$ AM20CA10 North Star - Type 1 Medium Duty - International - Diesel Engine - 167"L x 96"W x 72" HR 212,673.00$ AM20CA11 North Star - Type 1 Medium Duty - Freightliner - Diesel Engine - 167"L x 96"W x 72" HR 205,688.00$ AM20CA12 North Star - Type 2 - MB Sprinter Van 114,722.00$ AM20CA13 North Star - Type 2 - Ram Promaster Van 114,661.00$ AM20CA14 North Star - Type 2 - Ford Transit AWD 122,841.00$ AM20CA15 North Star - Type 3 - Ford E350 - Gas Engine - 147"L x 94"W x 72" HR 149,530.00$ AM20CA16 North Star - Type 3 - GMC G3500 - Gas Engine - 147"L x 94"W x 72" HR 150,408.00$ AM20CA17 North Star - Type 3 - Ford E450 - Gas Engine - 167"L x 94"W x 72" HR 153,945.00$ AM20CA18 North Star - Type 3 - GMC G4500 - Gas Engine - 167"L x 94"W x 72" HR 154,792.00$ B. Light/Medium Rescue Vehicle AM20CB01 North Star - Fire Rescue - Ford F550 4x4 Crew Cab - Diesel Engine - 116"L x 94"W 149,949.00$ AM20CB02 North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine - 116"L x 94"W 145,337.00$ AM20CB03 North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 116"L x 94"W 145,274.00$ AM20CB04 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 116"L x 94"W 142,630.00$ AM20CB05 North Star - Fire Rescue - Ford F550 4x4 Crew Cab - Diesel Engine - 147"L x 94"W 153,989.00$ Attachment A Braun Northwest Inc Contract No.: AM10-20 C. Braun Northwest **These units can only be sold outside Texas** DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B AM20CB06 North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine - 147"L x 94"W 149,381.00$ AM20CB07 North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 147"L x 94"W 149,335.00$ AM20CB08 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 147"L x 94"W 148,638.00$ AM20CB09 North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine - 167"L x 94"W 153,467.00$ AM20CB10 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 167"L x 94"W 151,062.00$ AM20CB11 North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine - 192"L x 94"W 160,438.00$ AM20CB12 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 192"L x 94"W 157,798.00$ C. Other Specialty Vehicle or Equipment AM20CC01 North Star - Prisoner Transport - Ford E350 - Gas Engine - 143"L x 94"W x 57''HR 100,893.00$ AM20CC02 North Star - Prisoner Transport - Ford F350 4x4 - Diesel Engine - 143"L x 94"W x 57"HR 119,345.00$ AM20CC03 North Star - Prisoner Transport - Ford F450 4x2 Regular Cab - Diesel Engine - 191"L x 94"W x 73"HR 154,221.00$ AM20CC04 North Star - Prisoner Transport - Ford F550 4x2 - Regular Cab - Diesel Engine - 197''L x 94''W x 73'' HR 161,136.00$ AM20CC05 North Star - Prisoner Transport - Freightliner 4x2 - Regular Cab - Diesel Engine - 197''L x 94'' W x 73''HR 194,293.00$ AM20CC06 North Star - Prisoner Transport - Ford F650 4x2 - Super Cab - Diesel Engine - 197''L x 94'' W x 73''HR 186,709.00$ AM20CC07 North Star - Prisoner Transport - Ram 4500 4x2 Regular Cab - 197"L x 94"W x 73"HR 163,996.00$ AM20CC08 North Star - EOD Command - Ford F550 4x4 - Regular Cab - Diesel Engine - 191''L x 94'' W x 80'' HR 199,358.00$ AM20CC09 North Star - EOD Command - International MV607 4x2 Crew Cab - Diesel Engine - 222''L x 100''W x 84''HR 176,317.00$ AM20CC10 North Star - SWAT Command - Ford F550 4x4 - Regular Cab - Diesel Engine - 192''L x 94'' W x 80'' HR 163,988.00$ AM20CC11 North Star - Hazardous Materials Command - Ford F550 4x4 - Regular Cab - Diesel Engine - 189''L x 94'' W x 72'' HR 200,223.00$ AM20CC12 North Star - Crime Scene Command - Ford F350 4x4 - Diesel Engine - 147''L x 94''W x 72''HR 170,399.00$ AM20CC13 North Star - Mobile Command - Ford F650 4x2 - Diesel Engine - 196''L x 94''W x 76''HR 206,618.00$ AM20CC14 North Star - Wildland Crew Body - 198''L x 98''W x 78'' HR 177,798.00$ E. Remounts (See Section B, p. 8 Items for specifics regarding "Remount" pricing) AM20CE01 North Star - Remount of Northstar Module 42,450.00$ AM20CE02 North Star - Remount of Northstar Module - Ford F350 4x4 85,444.00$ AM20CE03 North Star - Remount of Northstar Module - Ford F450 4x4 100,350.00$ AM20CE04 North Star - Remount of Northstar Module - Ford E350 70,545.00$ AM20CE05 North Star - Remount of Northstar Module - Ford E450 72,510.00$ AM20CE06 North Star - Remount of Northstar Module - GMC G3500 71,323.00$ AM20CE07 North Star - Remount of Northstar Module - GMC G4500 72,657.00$ AM20CE08 North Star - Remount of Northstar Module - Chevrolet 4500 4x4 104,965.00$ AM20CE09 North Star - Remount of Northstar Module - Ram 3500 4x4 84,377.00$ AM20CE10 North Star - Remount of Northstar Module - Ram 4500 4x4 98,777.00$ DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B AM20CE11 North Star - Remount of Northstar Module - International 127,018.00$ AM20CE12 North Star - Remount of Northstar Module - Freightliner 120,803.00$ AM20CE13 North Star - Remount of Northstar Module - Ford F650 4x2 107,708.00$ DocuSign Envelope ID: 104C967A-3C2B-4C28-9479-755675DB547B Revised 6.1.18 AMENDMENT No. 1 to CONTRACT No. AM10-20 For Ambulances, EMS & Other Special Service Vehicles Between HOUSTON-GALVESTON AREA COUNCIL And Braun Northwest, Inc. THIS AMENDMENT modifies the above referenced Contract as follows: This contract is extended through September 30, 2023 Midnight CT. Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. Signed for Houston-Galveston Area Council, ____________________________________ Houston, Texas Chuck Wemple, Executive Director Date: _______________________________ Signed for: Braun Northwest, Inc. ____________________________________ Printed Name & Title: ____________________________________ Date: _______________________________ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-716 Agenda Date:5/11/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SUBJECT ***RESOLUTION - Approving the reallocation of $500,000 from the Fleet Operations Fund contingency to pay fuel expenses (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends Council approve the attached Resolution which authorizes the reallocation of $500,000 from the Fleet Operations Fund contingency to pay for anticipated fuel expense obligations through June 30, 2023. EXECUTIVE SUMMARY On February 27, 2023, the General Services Department issued a Memorandum with the purpose of informing Council the department's forecast of the average fuel price of unleaded gasoline, diesel, and liquid natural gas will exceed budget expectations. Due to the City’s high volume of fuel consumed, even a small variance in fuel prices can quickly become a significant dollar value. Therefore, the General Services Department would like to request authorization to reallocate the $500,000 Fleet Operations contingency to pay for fuel expenses through June 30, 2023. The Fleet Operations Fund provides resources to pay for expenses related to the repair, maintenance, and operation of more than 2,400 vehicles. Within this operating budget a $500,000 contingency is budgeted every year to cover unexpected cost increases. As the cost of fuel, labor, and parts has increased due to inflation and market instability, the Fleet Operating Fund has begun to run low on appropriations and will require the use of the contingency appropriations to continue to pay vendors through the end of FY2023. BACKGROUND The General Services Department, Fleet Management Division is responsible for maintaining 2,400 active vehicles and equipment for the City of Fresno. This includes vehicle acquisition, whole life maintenance, fueling, and end of life disposal. Fleet management serves the city departments by providing dependable like new transportation to support their needs and service responsibilities. This is done by scheduling and performing preventative maintenance, identifying and making repairs when needed, and replacing equipment in a timely manner. To accomplish this mission, the Fleet Management Division has a budget for FY2023 of $29,737,600 for the operation of the maintenance shops, as well as nine fuel stations throughout the city. Within this operating budget a $500,000 contingency is budgeted every year to cover unexpected cost increases. For the three fuel accounts: unleaded gasoline, diesel, and liquid natural gas, the FY2023 budget was set at $8,983,700. As fuel costs have increased from inflation, foreign wars, and supply chain constraints, the budget for fuel is forecasted to exceed appropriations before the end of the year. The General Services Department has identified the need to utilize the $500,000 contingency to help offset this City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT R. 2023-137 File #:ID 23-716 Agenda Date:5/11/2023 Agenda #: 1.-E. the year.The General Services Department has identified the need to utilize the $500,000 contingency to help offset this increase and allow us to continue to pay our vendors for fuel. Per previous Council preference,any transfer of contingency amounts to operating accounts is required to be brought before Council for approval. The Budget Office has approved this reallocation and recommends Council to approve. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this contract does not qualify as a project. LOCAL PREFERENCE This item does not involve public contracting; therefore, local preference is not applicable. FISCAL IMPACT This item does not increase expenditure authority or appropriations.It is a reallocation of contingency appropriations to allow for payment of invoices generated through the repair and maintenance activities of the Fleet Management Division. The $500,000 contingency is included in the FY2023 adopted budget under the operations of the General Services Department. Attachments: Resolution City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO APPROVING THE REALLOCATION OF $500,000 WITHIN THE FLEET OPERATING FUND FROM CONTINGENCY TO THE GASOLINE ACCOUNT FOR CONTINUED FUEL PURCHASES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT $500,000 within the appropriations set forth in PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby approved to be reallocated from Contingency to the Gasoline account, within the Fleet Operating fund. THAT account titles and numbers requiring adjustment by this Resolution are as follows: Increase/(Decrease) FLEET OPERATING Appropriations: Account String: 5000-5001-3014-575-961001-30-0-0000-0000- $ (500,000) 5000-5001-3014-575-656260-30-0-0000-0000- 500,000 Total Appropriations $ 0 THAT the purpose is to reallocate $500,000 from the Fleet Operating fund continency account to address continued fuel purchases for FY 2023. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-696 Agenda Date:5/11/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:BRYON HORN, Chief Information Officer Information Services Department SUBJECT Approve an Addendum to Order #419913 with Zencity Technologies US, Inc., in the amount of $217,500 for three years with three annual payments of $75,000 for data gathering and analytics, and authorize the Chief Information Officer, or designee, to sign and execute all related documents. RECOMMENDATION Staff recommends Council approve the Addendum to Order #419913 with Zencity Technologies US, Inc. (Zencity) for three years in the amount of $217,500 with three annual payments of $75,000 for data gathering and analytics and authorize the Chief Information Officer, or designee, to sign and execute all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY In June 2021, the City entered into an agreement with Zencity for community engagement software. This has been a useful tool which works in conjunction with the FresGO App allowing a broader snapshot of issues in the area. In January 2022, the Information Services Department (ISD) issued a Request for Quote (#10098) for Social Media Aggregation Services. Zencity was the single respondent to the RFQ and ISD entered into a one-year agreement dated March 24, 2022. ISD desires to continue utilizing the software by renewing the service for a three-year term to work with the new Customer Relationship Management software currently being replaced. BACKGROUND In June 2021, ISD entered into a one-year agreement to test the usability of Zencity. Since then, it has been a useful tool and has been linked/integrated with the FresGO App allowing a broader picture of issues in the area. In January 2022, ISD issued a Request for Quote (#10098) for Social Media Aggregation Services. Zencity was the single respondent to the RFQ and ISD entered into a one-year agreement. ISD now wishes to continue utilizing the software and enter into a three-year agreement as it will link this software with the new Customer Relationship Management software currently being replaced. ENVIRONMENTAL FINDINGS The approval of this agreement is not a project as defined by the California Environmental Quality City of Fresno Printed on 5/5/2023Page 1 of 2 powered by Legistar™ 5/11/2023 MOTION TO DENY MA/TM 4-2 GB, MK VOTED NO LC ABSENT File #:ID 23-696 Agenda Date:5/11/2023 Agenda #:1.-F. The approval of this agreement is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this is an Addendum to an agreement. FISCAL IMPACT Funds for this renewal are included in ISD’s FY23 appropriations. Attachment:Zencity Order Form Addendum #419913 City of Fresno Printed on 5/5/2023Page 2 of 2 powered by Legistar™ Order Form Addendum This Addendum (the "Addendum")to Order Form no.419913 by and between the City of Fresno,CA ("Customer")and Zencity Technologies US Inc.("Zencity"), dated as of March 24,2022 (the ”Order Form") is entered into as of June 17, 2023 (the "Addendum Date"). All capitalized terms not defined herein shall have the meaning ascribed to such terms in the Order Form. Whereas, the Parties wish to amend certain terms of the Order Form as set forth herein; Now, therefore,the Parties hereto agree to amend the terms of the Order Form as set forth below. 1.Term.The Term of the Order Form is hereby extended for a 36-month period commencing as of June 17,2023 and ending on June 17,2026(the "Renewal Term") 2.Recurring Fees. The Recurring Fees table included in the Order Form shall be amended and replaced in its entirety as follows: Product Description Yearly List Price Term Discount Yearly Discounted Price Zencity Subscription Renewal As referenced in previous contract 419913 Included in package: Organic and Community Survey-Semi Annual $171,000 3 years 58%$72,500 Total Fees $217,500 Total Billed Yearly $72,500 3.General.This Addendum shall form an integral part of the Order Form.Unless expressly specified herein,all other provisions,terms and conditions in the Order Form shall apply and shall remain in full force and effect.In case of any contradiction or discrepancy between the terms of this Addendum to those of the Order Form, with respect to matters described herein, the terms of this Addendum shall prevail. In witness whereof,the parties have executed this Addendum, effective as of the Addendum Date. Zencity Customer City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-555 Agenda Date:5/11/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning & Development Department BY:DALTON BENNETT, Project Administrator Planning & Development Department SUBJECT Approval of a Consultant Services Agreement in an amount not to exceed $97,500 with Moss Adams, LLP for a user fee study in accordance with the Mitigation Fee Act. RECOMMENDATION Staff recommends City Council authorize the City Manager or designee to sign the consultant services agreement with Moss Adams, LLP, for professional services related to review, analysis, and update recommendations for User Fees within the Master Fee Schedule. EXECUTIVE SUMMARY Per California State Constitution Article XIIIC, Section 1 and the Mitigation Fee Act (Government Code Sections 66000 et. Seq.), cities may establish fees for services, provided, such fees do not exceed the estimated reasonable cost of providing those services. Staff utilized the City of Fresno Request For Qualifications, evaluation and interview process and determined that Moss Adams, LLP is best qualified to complete this study. BACKGROUND Per California State Constitution Article XIIIC, Section 1 and the Mitigation Fee Act (Government Code Sections 66000 et. Seq.), cities may establish fees for services, provided, such fees do not exceed the estimated reasonable cost of providing those services. Accordingly, the City has established various Development related Planning and Building Fees. These fees were last updated and approved by Council in 2019. This study will ensure that the subject fees neither exceed the cost of services, nor fall short of the recovery thresholds. The firm will review each type of permit application and determine reasonable fees in compliance with the Mitigation Fee Act. This includes all entitlement, plan check, permitting and inspection fees related to Current Planning, Building & Safety, Long Range Planning and Historic Preservation. City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-555 Agenda Date:5/11/2023 Agenda #: 1.-G. Evaluation will include time on task reviews, current operating budget allocations, certain one-time and recurring fees for equipment and software, etc. These will be reviewed for best practices as well as compared against reference cities to ensure the City achieves appropriate cost recovery while maintaining fair and proportional fees. Additionally, Moss Adams, LLP will review fees for Parking Services including meter rates, structured and lot parking rates, fines and fees for services such as towing. The firm will evaluate and provide recommendations based upon best practices in reference cities as well as the ability to pay for necessary capital expenditures to maximize parking facility usage and improve assets. ENVIRONMENTAL FINDINGS This approval is not a project for the purposes of CEQA Guidelines Section 15378. LOCAL PREFERENCE N/A FISCAL IMPACT Funding from the current FY23 departmental appropriations will be used. ATTACHMENT: Consultant Service Agreement City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into effective on __________________, 2023, by and between the CITY OF FRESNO, a California municipal corporation (CITY), and Moss Adams, LLP, (CONSULTANT). RECITALS WHEREAS, CITY desires to obtain professional agreed -upon procedure services for the review and evaluation of credit card expenditures and reimbursement requests (Project); and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a fully integrated professional services firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6- 19; and WHEREAS, this Agreement will be administered for CITY by its (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in CONSULTANT’S ENGAGMENT LETTER attached as Exhibit D, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit D. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2023, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit D, are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit D. 3. Compensation. (a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $97,500, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. -2- (b)Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of CITY business. CITY shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c)The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4.Termination, Remedies, and Force Majeure. (a)This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. CONSULTANT may terminate the Agreement or performance of any part of the services upon written notice to CITY if CONSULTANT determines that the performance of any part of the Services would be in conflict with law, or independence or professional rules. (b)Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c)In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d)Upon any breach of this Agreement by CONSULTANT, CITY may (i)exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) seek recovery of all direct damages for the breach of the Agreement. If it is -3- determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with reasonable written assurances of future performance, upon Administrator’s request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT may be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information, except to those officers, directors, partners, principals, members, employees, subcontractors, and agents who have a need to know in order to provide the services. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. Disclosure of Confidential Information shall not be precluded if such disclosure: (a) is in response to a valid subpoena or order of a court or other governmental body of the United States or any political subdivision thereof; or (b) is required by law or regulation. To the extent permitted by law, CONSULTANT shall give reasonable prior notice to CITY and CITY can determine whether to obtain a protective order or other appropriate relief. (b) CITY shall own all final reports and other completed deliverables created under this Agreement and delivered to CITY, excluding any Consultant Material (defined below) contained or embodied therein (Deliverables). However, CITY may not alter or amend any Deliverables issued under CONSULTANT’S name. CONSULTANT may retain a copy of Deliverables for archival purposes. CONSULTANT shall own: (i) its working papers and any engagement documentation; and (ii) any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, materials, or other intellectual property which may have been discovered, created, received, or developed by CONSULTANT either prior to or as a result of providing services under the Agreement (collectively, "Consultant Materials"). -4- CITY shall have a non-exclusive, non-transferable license to use Consultant Materials for its own internal use and only for the purposes for which they are delivered to the extent they form part of a Deliverable. Notwithstanding anything to the contrary in this Agreement, CONSULTANT and its personnel are free to use and employ t heir general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques or skills gained or learned during the course of this Agreement so long as they acquire and apply such information without any unauthorized use or disclosure of confidential or proprietary information of CITY. (c)If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (d)This Section 5 shall survive expiration or termination of this Agreement. 6.Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. 7.Indemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents, and volunteers from any and all third party loss, liability, fines, penalties, forfeitures, costs and damages, claims, demands and actions in law or equity (including reasonable attorney’s fees and litigation expenses) (whether in contract, tort or strict liability), arising from bodily injury, death at any time and property damage to real or tangible personal property), to the extent caused by the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. In order to seek or receive indemnification hereunder, CITY shall provide CONSULTANT with prompt written notice of such claim and cooperate with CONSULTANT in handling the claim. CONSULTANT shall be entitled to control the handling of such claim and to defend or settle any such claim, in its sole discretion, with counsel of its own choosing. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8.Insurance. -5- (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall -6- complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all applicable laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, CONSULTANT shall remain responsible for complying with Section 9(b), above. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the -7- incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (a)Immediately establish and maintain a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY’S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b)Immediately contact CITY’S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c)Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste Management Division the establishment of the recycling program in paragraph (a)above and the ongoing maintenance thereof. 11.General Terms. (a)Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b)Records of CONSULTANT’S fees and expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c)Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12.Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a)CONSULTANT will comply with all applicable laws and regulations -8- providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity m ade possible by or resulting from this Agreement. (b)CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c)CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d)If applicable, CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e)If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. 13.Independent Contractor. (a)In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in -9- accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmat ion of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by (b) CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. -10- (c) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a wai ver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, each party shall be responsible for its own attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. -11- 26.Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27.No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as ide ntified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28.Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. 29.The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. 30.LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR OTHERWISE ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. [Signatures follow on the next page.] Page 1 of 2 EXHIBIT A PROFESSIONAL CONSULTING SERVICES TO DEVELOP THE UPDATE TO THE CURRENT FEE STRUCTURE FOR THE PLANNING AND DEVELOPMENT DEPARTMENT PROPOSAL FOR THE CITY OF FRESNO Tammy Lohr, Senior Manager Colleen Rozillis, Partner Moss Adams LLP 265 E. River Park Circle, Suite 110 Fresno, CA 93720 (559)389-5700 November 28, 2022 Kristine Longoria Project Manager The City of Fresno 2600 Fresno St. #3043 Fresno, CA 93721 Dear Ms. Longoria: Moss Adams is extremely pleased to submit our proposal to provide professional consulting services to develop the update to the current fee structure for the City of Fresno (City) Planning & Development Department and Fire Departments. Listed below are some reasons we’re confident we offer the team, capabilities, approach, and dedicated service that will exceed your expectations. • We’re a leader in working with state and local governments. We work extensively with state agencies, cities, counties, and other forms of local government to reduce risks, strengthen controls, and enhance performance. As a result, we have a strong understanding of the City’s operational environment and importance of this work. • Our approach to working with our clients is collaborative. We team with you to address what’s needed to improve your operations. We’ll collaborate to establish a working relationship that designed to help you meet the stated goals and objectives for this program—with no surprises along the way. • You’ll receive nimble service. If additional expertise is needed beyond this fee study, we can quickly leverage the right resources from throughout the firm. We commit to making the City a long-term and extremely satisfied client of Moss Adams. Our personal promise to you is to ensure that you receive the best service Moss Adams is capable of providing. Thank you for your consideration. Sincerely, Tammy Lohr Colleen Rozillis Senior Manager Partner (206) 302-6538 (206) 302-6795 tammy.lohr@mossadams.com colleen.rozillis@mossadams.com Table of Contents | Overview of the Firm 1 Firm Background 1 | Summary of Experience 3 History of Experience 3 Government Expertise 4 Similar Projects 5 | Resumes 6 Proposed Staff 6 Resumes 6 | Client References 12 | Rate Sheet 13 | Legal Documents 14 a. Appendix B Attachment 1 14 b. Appendix B Attachment 2 15 Addendum No. 1 16 Addendum No. 2 20 Moss Adams | Proposal for The City of Fresno 1 Overview of the Firm FIRM BACKGROUND Moss Adams is a fully integrated professional services firm dedicated to growing, managing, and protecting prosperity. With over 3,800 professionals across more than 30 locations in the market capitals of the West and beyond, we work with the world’s most innovative, dynamic, and promising clients and markets. Through a full spectrum of accounting, consulting, and wealth management services, we bring the deep industry specialization and inspired thinking our mid-market clients seek. Since we put down roots in the Pacific Northwest more than 100 years ago, we’ve steadily expanded to serve clients not only in the West, but also across the nation and globally. Our full range of services includes accounting (assurance and tax), consulting (IT, strategy & operations, transactions, and specialty), as well as individual and institutional wealth management. Moss Adams is one of the 15 largest US accounting and consulting firms and a founding member of Praxity, a global alliance of independent accounting firms providing clients with local expertise in the major markets of North America, South America, Europe, and Asia. Full-Service Capabilities We offer a full range of services and specializations that span accounting, consulting, and wealth management to suit your specific needs. Moss Adams | Proposal for The City of Fresno 2 Over a Century of Service Every business, managed well, has the potential for tremendous growth and durability. We know, because it’s our story too. Moss Adams LLP has its origins in 1913, with its current formation as a Washington limited liability partnership in 1996. Our firm’s history began in 1913, the year President Woodrow Wilson signed the federal income tax into law. That same year, John G. McIntosh, CPA, set up a small Seattle practice to serve a booming Pacific Northwest timber industry. Through good times and bad, through two world wars and 19 US presidents, that practice steadily extended its reach—first regionally, then nationally—to serve the businesses and industries that built this country. Today, that practice is Moss Adams, one of the largest accounting, consulting, and wealth management firms in the nation, dedicated to assisting clients with growing, managing, and protecting prosperity. But our principles remain the same as they were when we opened our doors more than a century ago: Consistently hire talented people, work hard to make a difference in our communities, and empower our clients to discover and claim success. Moss Adams | Proposal for The City of Fresno 3 Summary of Experience HISTORY OF EXPERIENCE We recognize government organizations are accountable to many different constituencies—oversight agencies, audit committees, elected officials, taxpayers—all with different expectations and demands. That’s why we commit significant personnel and resources to our Government Services Practice, building technical expertise in all areas of government. We have dozens of experienced partners and senior managers who lead consulting and audit engagements for over 300 government entities including state agencies; cities and counties; public colleges and universities; special purpose governments including ports, utility districts, and transit agencies; public retirement funds; and others. We offer breadth and depth of experience working with state agencies. We have provided consulting and audit services to the state entities in California, Utah, Alaska, Arizona, Nevada, New Mexico, Oregon, and Washington. We’ve also provided relevant services to a wide range of local governments. A representative list of local government clients is provided below. Representative Local Government Clients • Benton County • Carson City • City of Abilene • City of Albuquerque • City of Bakersfield • City of Beaumont • City of Bellevue • City of Bellingham • City of Bend • City of Bradbury • City of Calexico • City of Hillsboro • City of Industry • City of Issaquah • City of Laguna Niguel • City of Lakewood • City of Las Cruces • City of Los Angeles • City of Lynnwood • City of Modesto • City of Monterey Park • City of National City • City of San Diego • City of San Jose • City of Santa Fe • City of Santa Monica • City of Santa Rosa • City of Seattle • City of Stockton • City of Tacoma • City of West Richland • City/County of San Francisco • Clark County Moss Adams | Proposal for The City of Fresno 4 • City of Cerritos • City of Chula Vista • City of Clearlake • Douglas County • City of Clovis • City of Culver City • City of Cupertino • City of Desert Hot Springs • City of Edmonds • City of Normandy Park • City of Oxnard • City of Patterson • City of Phoenix • City of Portland • City of Redmond • City of Redondo Beach • City of Riverside • City of Salem • Island County • King County • Lane County • Lyon County • Maricopa County • Pierce County • San Juan County • Snohomish County • Sonoma County The depth of our practice means we understand the issues you face today and can provide the specialized services you need now, and in the future—such as single audits; accounting for complex investment transactions; benefit plan audits; performance audits; IT hardware, software, and cybersecurity evaluations; fraud investigations; and forensic accounting. GOVERNMENT EXPERTISE Our firm’s Government Services practice relies heavily on robust assessments and internal audit engagements. Our seasoned staff members have significant experience conducting assessments related to compliance, finance, fraud, governance, management, operations, performance, policies and procedures, and technology. We serve clients in city and local governments, tribes, higher education, and not-for-profits. We have earned recognition and an outstanding reputation for our services based on a solid track record and discriminating analysis. Members of our proposed team have a long history of successful delivery of providing consulting services to local governments. Our professionals come from government, private industry, and public accounting, and work exclusively on public sector engagements. Because of the extensive assessments we conduct in the public sector, we have developed a series of proven practice components including investigative methodologies, engagement oversight and supervision, document management, fieldwork, communications and reporting protocols/practices, and risk assessment frameworks. Our professionals have a deep understanding of government goals, regulatory environment, policies, processes, and procedures. They offer relevant certifications, such as CPA, CCA, CIA, CFE, CDPSE, CISA, CISSP, PCI QSA, CCSFP, ODCP, and PMP; and our engagement team includes members of the IIA. Our training requirements for professional audit and consulting staff further make sure that our knowledge remains current. Rather than performing engagements for our clients, we team with them to address what is needed to assess risks, improve performance efficiency and effectiveness, strengthen internal controls and compliance with laws and regulations, increase revenues, and prevent and detect fraud. The knowledge and guidance we provide to our clients allows them to continue to improve their organizations is an integral part of our engagements. Our team will work closely and collaboratively with management and staff to develop a working relationship that will provide maximum benefit to the City. Moss Adams | Proposal for The City of Fresno 5 Our experience includes a wide range of services, which include, but are not limited to: •Enterprise risk assessments •Enterprise internal controls reviews •Internal controls and compliance audits •Fee studies •IT general and security audits •Cost allocation plans •Performance audits •Fraud investigations SIMILAR PROJECTS Over the past five years, we’ve provided similar services for numerous local governments. FEE STUDY City of Salem Completion May 2021 In this study, we worked with the City to identify best practices in municipal fee setting and cost recovery policies and recommended a police and cost recovery framework for the City. We conducted research into best practices, collected fee schedules from peer cities for comparative purposes, and prepared a roadmap to detail how to implement the recommended cost recovery framework with an equity lens, decision-making criteria, and policy considerations. FEE STUDY City of Glendale (AZ) Anticipated Completion March 2023 We are currently working with the City of Glendale to perform a fee study, specifically looking at City fees charged for general city services (e.g., building inspections, permitting, business licensing, and penalty/late fees). As part of this review, we are assessing the City’s fee setting and adjustment processes and performing benchmarking to peer cities to identify opportunities for simplification. ISF AUDIT State of Utah Anticipated Completion December 2022 We are currently working with the State of Utah’s Department of Government Operations to complete an audit of internal service funds. We are assessing the extent to which costs are recovered by ISF rates, compliance of ISF rates with federal guidelines, and identifying opportunities for improvement based on benchmarking and customer feedback. ISF REVIEW City of Modesto Completion April 2017 When serving as the City’s internal auditor, we performed an internal service fund review that evaluated the adequacy and effectiveness rates as it related to rate setting, cost allocation, and reserve levels. Moss Adams | Proposal for The City of Fresno 6 Resumes PROPOSED STAFF Our dedicated government internal audit team is comprised of partners, directors, managers, seniors, and staff. You will be primarily supported by Tammy Lohr, senior manager, Colleen Rozillis, PMP, partner, and Stephen Bacchetti, partner. Tammy will serve as the project manager and will be responsible for ensuring that our engagement is delivered on time, within budget, and to the satisfaction of the City. Your engagement team will consist of highly experienced audit professionals who provide experience working with state and local governments and conducting fee studies. Our proposed team composition is provided below. Name and Title Role Colleen Rozillis, PMP, Director Quality control Stephen Bacchetti, CPA, CIA, CCA, Partner Engagement partner Tammy Lohr, CFE, ODCP, Senior Manager Project manager Kayvon Zadeh, CIA, Manager Lead analyst Evan Lih, Senior Analysis support Tommy Conkling, Staff Analysis support R ESUMES We have included resumes below. Colleen Rozillis, PMP, Partner Professional Experience Since 2005, Colleen has advised local, state, and Tribal governments; K-12 and higher education; utilities; private companies; and not-for-profits to improve organizational and program operations and efficiency, facilitate strategic leadership and planning, and cultivate more effective governance. She works collaboratively with clients to understand their goals and objectives and define organizational and programmatic changes to better equip and position them to achieve those goals. Colleen serves as the firm’s public sector, not-for-profit, and tribal consulting industry group leader and leads ESG consulting for the firm. Her government experience includes planning, policy, and financial analysis for local and state agencies in Alaska, Arizona, California, Colorado, Hawaii, Michigan, Montana, Nevada, Ohio, Oregon, Pennsylvania, Texas, Utah, and Moss Adams | Proposal for The City of Fresno 7 Colleen Rozillis, PMP, Partner Washington. Before joining Moss Adams, she managed the Performance Reporting Branch of the Washington State DOT and authored the 2011-2015 WSDOT Strategic Plan. Colleen has recently provided organizational development and performance consulting services to public sector clients, including the 32nd District Agricultural Association, Ben Franklin Transit, Boulder County, Cities of Berkeley, Carson City, Culver City, Cupertino, Eugene, Issaquah, Modesto, Newport Beach, Portland, Redondo Beach, Salem, Santa Monica, and Stockton; Delta Diablo, Douglas County, El Camino Health District, Jefferson Public Utility District, King County Metro, Marion County, NoaNet, Pierce County, Seattle Public Schools, Sonoma County, and Spokane Regional Health District. Professional Affiliations Chair of the Board of Trustees, Humanities Washington Member, Society for Corporate Governance Member, Project Management Institute Member, International City & County Management Association Member, Institute of Internal Auditors Member, Association of Local Government Auditors Project Management Professional (PMP) Education MS, public policy and management, Carnegie Mellon University BA, English and political science, University of Michigan Diversity and Inclusion Certificate, Cornell University Moss Adams | Proposal for The City of Fresno 8 Stephen Bacchetti, CPA, CIA, CCA, Partner Professional Experience Stephen has more than 12 years of experience in construction advisory services and leads the firm’s construction advisory services team. He performs specialized review and audit services for construction projects and capital improvement programs, including risk assessments; internal controls, process, and documentation reviews; construction contract audits; and construction bond performance audits. Stephen works closely with local governments, Tribes, universities, K-12 school districts, hospitals and health care systems, and commercial real estate developers, as well as construction contractors and project managers on structures and developments that range from millions to billions of dollars. He has planned, managed, and executed engagements that have resulted in significant cost savings and control and reporting improvements for his clients. In addition to his construction auditing and internal controls experience, Stephen also has a background in International Financial Reporting Standards (IFRS) in the transportation industry. Stephen has provided construction advisory services to clients, including Port of Tacoma, Pierce Transit, Incline Village General Improvement District, Santa Clara Valley Transportation, City of Phoenix, Richland County Government, Delta Montrose Electric Association, and City of Santa Monica. Stephen has provided construction advisory services to clients, including Jefferson County School District, Beaverton School District, Beverly Hills Unified School District, East Side Union High School District, San Jose Unified School District, and Sweetwater Union High School District, Newhall School District, Oakland Unified School District, and West Contra Costa Unified School District. Professional Affiliations Member, American Institute of Certified Public Accountants Member, California Society of Certified Public Accountants Certified Public Accountant (CPA) Certified Internal Auditor (CIA) Certified Construction Auditor (CCA) Education BS, accounting, California State Polytechnic University Moss Adams | Proposal for The City of Fresno 9 Tammy Lohr, CFE, ODCP, Senior Manager Professional Experience Tammy assesses operational performance for public sector organizations including state and local government, school districts, and higher education institutions. Her engagements are informed by rigorous analysis and employee engagement to evaluate operations, which may include the efficacy of existing organizational structure and resourcing strategies, enhancing workplace culture, identification of system needs, and streamlining processes. Tammy focuses on key elements of each engagement to develop high-quality deliverables that address client needs and meet applicable professional standards. By using a collaborative approach to working with her clients, she delivers projects and reports attuned to each client’s unique operating environment with recommendations designed to optimize organizational performance. Prior to joining Moss Adams, she worked as a performance auditor for the Washington State Auditor’s Office. Tammy has recently provided operational reviews and organizational assessment services to clients including the City of Berkeley, City of Cupertino, City of Stockton, City of Salem, City of Glendale (Arizona), City of Santa Monica, City of Redondo Beach, City of Modesto, City of Lake Stevens, Boulder County, Douglas County (Nevada), Douglas County (Colorado), San Joaquin County, Orange County, and Ontario International Airport Authority. Professional Affiliations and Certifications Member, International City and County Manager’s Association (ICMA) Member, Society for Human Resources Management (SHRM) Member, Institute of Internal Auditors (IIA) Member, Association of Certified Fraud Examiners (ACFE) Certified Fraud Examiner (CFE) Organization Development Certified Professional (ODCP) Education MPA, Daniel J. Evans School of Public Policy and Governance, University of Washington BA, public health, University of Washington Moss Adams | Proposal for The City of Fresno 10 Kayvon Zadeh, CIA, Manager Professional Experience Kayvon has been working in the public sector since 2015. He is skilled in identifying operational challenges, addressing root causes, and presenting findings and strategic recommendations to senior leadership. His experience also includes performance and internal auditing, policy and procedure development, quantitative and qualitative analysis, stakeholder engagement, and complex data consolidation and analysis. Prior to joining Moss Adams, Kayvon held positions at King County and Seattle Public Utilities. Professional Affiliations and Certifications Conference Committee Subcommittee Chair, National Association of Local Government Auditors (ALGA) President/Trustee, Washington State Local Government Auditor’s Association (WSLGAA) Certified Internal Auditor (CIA) Education MPA, Daniel J. Evans School of Public Policy and Governance, University of Washington BA, psychology and community, environment & planning, University of Washington Moss Adams | Proposal for The City of Fresno 11 Evan Lih, Senior Professional Experience Evan has been working in the public sector since 2018 and has experience in the local government, health research services, and financial services industries. His skills include organizational assessment, program and process evaluation, data analytics, project management, strategic planning, legislative analysis, and stakeholder engagement. He also has experience working on racial and social equity initiatives. Prior to joining Moss Adams, Evan was a data and policy evaluation strategic advisor with the City of Seattle. Education MPA, Daniel J. Evans School of Public Policy and Governance, University of Washington BA, environmental studies and evolutionary & ecology biology, University of Colorado Boulder Tommy Conkling, Staff Professional Experience Tommy is experienced at helping organizations to improve their impact and effectiveness. His skills include qualitative and quantitative data analysis, data visualization, budgeting and forecasting, cost-benefit analyses, program and system evaluation, organizational assessment, and organizational planning. He has experience working with a wide range of clients within public, private, and not-for-profit industries. Prior to joining Moss Adams, Tommy worked on a Bill and Melinda Gates Foundation project, helping state education agencies to assess and redesign their processes and systems to improve student outcomes. Education MPA, University of Washington, Evans School of Public Policy and Governance BA, public policy analysis, Pomona College Moss Adams | Proposal for The City of Fresno 12 Client References We have included references below and encourage you to hear for yourselves about the quality our firm can provide. CITY OF SALEM, OR Dates: 2021 to 2021 Courtney Knox-Busch Strategic Initiatives Manager (503) 540-2426 cbusch@cityofsalem.net Moss Adams is providing comprehensive organizational assessment and optimization services to the City of Salem. We conducted a citywide organizational assessment and structure study, focused on opportunities for enterprise-wide improvement in efficiency, effectiveness, and collaboration. We conducted a SWOT analysis survey of all city employees and held more than 40 interviews with City leadership and key staff. Following the organizational assessment, we collaborated with the executive leadership team to identify initiatives to implement. We continuously work with the City on multiple projects to improve operations and service delivery; recently completed projects include a user fee study, performance framework, strategic plan, warehouse efficiency study, and other projects with the goal of organizational alignment. Most recently, we supported process mapping for the creation of a newly established cross-functional Customer Service Center, including review of existing processes, future state processes, form changes, interdepartmental collaboration and communication, and the development of policies and procedures. STATE OF UTAH Dates: 2017 to present (ongoing) Jake Hennessy Finance Director (385) 271-2301 jakehennessy@utah.gov We were retained by the State of Utah to conduct performance audits in 2017. Since that time, we have conducted several performance audits that assess efficiency and effectiveness of operations related to the Department of Insurance, Purchasing and General Services, Print Services, and Surplus Programs. We are currently working with the State of Utah to perform an internal service fund audit that evaluates the adequacy, appropriateness, and compliance of ISF rates. CITY OF GLENDALE Dates: 2020 to present (ongoing) Michael Kingery Internal Audit Program Manager (623) 930-2103 mkingery@glendaleaz.com We have provided internal audit services to the City of Glendale since 2020. During that time, we’ve conducted dozens of internal and performance audits, ranging from contract compliance, vendor management, asset management, information technology, human resources, and programmatic audits. We are currently working with the City on performing a fee study that evaluates user fees in comparison to peer cities and assesses the fee setting and adjustment process, with particular focus on simplification of fees to enhance the customer experience. Each engagement was developed in collaboration with the City to achieve City-defined audit objectives and provide specific, actionable recommendations to improve compliance, controls, and performance. We have adhered to the City’s budget and schedule requirements for all projects as part of our internal and performance audit service. CITY OF MODESTO, CA Dates: 2018 to present (ongoing) Joe Lopez City Manager (209) 577-5402 joelopez@modestogov.com We served as the City of Modesto’s internal and performance auditor for the full period that this function was outsourced. We provided auditing services regarding organizational re-engineering and design. We completed over three dozen projects for the City across all departments and provided recommendations for reducing risks, strengthening controls, and improving efficiency and effectiveness of operations. Specific projects that we performed included developing the City’s revenue manual, assessing permitting processes, and reviewing internal service funds. We continue to serve the City in a consulting capacity. Moss Adams | Proposal for The City of Fresno 13 Rate Sheet For our clients, it’s about more than the dollars you pay at the end of the day; it’s about value. Consider both the tangible and intangible benefits of working with us. You’ll get solid and timely deliverables. But more than that, the experience you’ll have working with forward-thinking, industry-specialized professionals who work side by side with you to explore new possibilities is where you’ll see the value. Invest in your future prosperity and experience a different style of service with us. Service Description Amount Phase 1: Start-Up and Management $15,000 Phase 2: Fact Finding $25,000 Phase 3: Analysis $32,500 Phase 4: Reporting $15,000 Total $87,500 By establishing a cost estimate for each project, our clients are able to plan how many projects will be conducted each year. As a commitment to our relationship with the City, we have provided discounted hourly rates, by level, which are presented below. Staff Level Rate per Hour Partner/Director $350 Senior Manager $300 Manager $250 Senior $200 Staff $150 Associate $110 Moss Adams | Proposal for The City of Fresno 14 Legal Documents A. APPENDIX B ATTACHMENT 1 Moss Adams | Proposal for The City of Fresno 15 B .APPENDIX B ATTACHMENT 2 Moss Adams | Proposal for The City of Fresno 16 ADDENDUM NO. 1 Moss Adams | Proposal for The City of Fresno 17 Moss Adams | Proposal for The City of Fresno 18 Moss Adams | Proposal for The City of Fresno 19 Moss Adams | Proposal for The City of Fresno 20 ADDENDUM NO. 2 Moss Adams | Proposal for The City of Fresno 21 Moss Adams | Proposal for The City of Fresno 22 Moss Adams | Proposal for The City of Fresno 23 Assurance, tax, and consulting offered through Moss Adams LLP. ISO/IEC 27001 services offered through Cadence Assurance LLC, a Moss Adams company. Investment advisory services offered through Moss Adams Wealth Advisors LLC. Page 2 of 2 SCHEDULE OF FEES AND EXPENSES Service Description Planning and Development Fee Study Phases 1 - 4 $97,500 Total - $97,500 Staff Level Hourly Rate Partner $350 Senior Manager $300 Manager $250 Senior $200 Staff $150 Associate $110 Fee Details • Progress Billing Progress billings are based on hours and expenses completed at the time of billing. • Bills are due upon receipt. • CONSULTANT reserves the right to charge interest on accounts over 30 days past due. • Direct travel expenses will be billed monthly as incurred. Page 3 of 6 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (CITY) and [Consultant Name] (CONSULTANT) [Project Title] MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1.The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2.The Automobile Policy shall be written on an occurrence form and shall provide coverage for owned (if any), hired, and non-owned automobiles or other licensed vehicles). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3.Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4.Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below: 1.COMMERCIAL GENERAL LIABILITY: (i)$1,000,000 per occurrence (ii)$2,000,000 general aggregate 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: Page 4 of 6 (i) $1,000,000 per occurrence 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS (i) CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds via blanket endorsement. 2. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever Page 5 of 6 occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4.A copy of the claims reporting requirements must be submitted to CITY for review, and may be redacted to protect confidential information. 5.These requirements shall survive expiration or termination of the Agreement. For all policies of insurance CONSULTANT shall provide thirty (30) calendar days prior written notice of any cancellation, reduction, or material change in coverage, provided, however, that CONSULTANT shall not be obligated to provide such notice if, concurrently with such cancellation, reduction or material change, CONSULTANT obtains coverage from another insurer meeting the requirements described belowShould any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. Page 6 of 6 VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy, provided that such policy may be redacted to protect confidential information. This requirement shall survive expiration or termination of this Agreement. Exhibit C Conflict of Interest Disclosure and Acknowledgement Agreed Upon Procedures (AUPs) 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 Colleen Rozillis, Partner (Name) 999 Third Ave, N Suite 2800 (Address) Seattle, WA 98104 (City State Zip) Exhibit D Scope of Work City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-630 Agenda Date:5/11/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JILLIAN GAYTAN, Senior Management Analyst Homeless Services Division SUBJECT Approve an agreement with Poverello House to operate the Clarion Pointe as a low-barrier emergency homeless shelter and bridge housing site in the total amount of $2,799,997.48. RECOMMENDATION Staff recommends the City Council approve the agreement with Poverello House (Poverello) for low- barrier emergency shelter and bridge housing services for homeless residents in the total amount of $2,799,997.48 and authorize the City Manager to sign all implementing agreements. EXECUTIVE SUMMARY The City of Fresno (City) is seeking to award funding for emergency shelter and bridge housing services for homeless residents as part of the Mayor’s second phase of Project-Off-Ramp to shelter 350 unhoused individuals. Staff issued a Request for Qualification (RFQ) to develop and/or operate homeless shelters on February 15, 2023, and received three statements of qualifications to operate a homeless shelter, all were determined to be qualified and most responsive to the RFQ. Based on the evaluation completed by a selection panel, staff recommend awarding Poverello House a total allocation of $2,799,997.48 for operation and coordination of services at Clarion Pointe for a 12- month agreement with an option to extend 12 additional months. BACKGROUND On March 21, 2023, the Mayor announced the launch of the second phase of Project-Off-Ramp. The City of Fresno is home to 1,696 unsheltered individuals, the goal of the second phase of Project-Off- Ramp is to house 350 people who are unsheltered by June 30, 2023, one hundred days from the project’s launch. The Planning and Development Department’s Homeless Services Division released a Request for Qualifications (RFQ) for Community-Based Organizations and Developers to submit a City of Fresno Printed on 5/11/2023Page 1 of 2 powered by Legistar™ 5/11/2023 GB/TM 6-0 LC ABSENT File #:ID 23-630 Agenda Date:5/11/2023 Agenda #: 1.-H. Statement of Qualifications to develop and/or operate homeless shelters on February 15, 2023, and received three statements of qualifications to a operate homeless shelter, all were determined to be qualified and responsive to the RFQ. Poverello House is among those determined to be qualified and responsive. On December 9, 2021, the Planning and Development Department was allocated $13.2 million in American Rescue Plan Act (ARPA) funds to develop new emergency shelter housing. On April 20, 2023 City Council approved a Purchase and Sale Agreement to acquire the Clarion Pointe, a 115 unit motel, located at 4061 N Blackstone Ave, near the intersection of Ashlan Avenue and Blackstone Ave for a total of $11,800,000 million. The facility is in proximity to several amenities including the Route 1 Fresno Area Express line, two grocery stores, and green space. The Department will utilize Homeless Housing, Assistance, and Prevention (HHAP) Program funds to fund the operations of Clarion Pointe. However, the Department is awaiting an award announcement from the State of California regarding the City of Fresno’s application to the Encampment Resolution Funding Program Round 2 (ERF-2R), which was submitted on February 28, 2023. If awarded, these funds will supplement HHAP and staff will return to City Council in the future to incorporate the award into the funding sources of Clarion Pointe. Staff recommends approving the 12-month agreement with Poverello, with an option to extend 12 additional months. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of state funds. FISCAL IMPACT This action will have no impact upon the General Fund as it will be funded utilizing State grant funds. Attachment: Agreement with Poverello House City of Fresno Printed on 5/11/2023Page 2 of 2 powered by Legistar™ X X X X X X 5/3/2023 Zachary D. Darrah Poverello House 412 F Street Fresno, CA 93706 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-632 Agenda Date:5/11/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JILLIAN GAYTAN, Senior Management Analyst Homeless Services Division SUBJECT Approve an Agreement with Housing Authority of the City of Fresno to operate Journey Home emergency shelter in the total amount of $2,200,075 in Homeless Housing, Assistance, and Prevention funds (HHAP). RECOMMENDATION Staff recommends the City Council approve the agreement with Housing Authority of the City of Fresno (Fresno Housing Authority) to operate Journey Home Triage Centers using HHAP funds; and authorize the City Manager to sign all implementing agreements. EXECUTIVE SUMMARY The City of Fresno (City) has existing agreements with the Housing Authority to operate and provide homeless services at Journey Home Triage Center (formerly Welcome Inn) funded through Emergency Solutions Grant - CARES Act (ESG-CV), Community Development Block Grant - CARES Act (CDBG-CV) and Homeless Housing, Assistance, and Prevention (HHAP) funds. These agreements will be fully expended by May 2023 and additional funding is needed to continue operations without disruption through June 30, 2024. BACKGROUND On February 18, 2021, City Council approved ESG-CV and CDBG-CV allocations that included funding for the operations of Fresno Housing Authority’s Journey Home Triage Center (formerly Welcome Inn). The City entered into ESG-CV and CDBG-CV agreements with Fresno Housing Authority to provide funding for shelter operations at Journey Home Triage Center from January 01, 2021, through December 31, 2023. Fresno Housing Authority procured Turning Point to provide the homeless services at the shelter. Since that time, City Council has approved multiple agreements with the Fresno Housing Authority to operate this shelter. City of Fresno Printed on 5/11/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-632 Agenda Date:5/11/2023 Agenda #:1.-I. In February 2020, the City was awarded HHAP funding in the amount of $6,158,246.18 from the California Homeless Coordinating and Financing Council to address homelessness, in September 2021 received $2,911,171 in a second round of HHAP allocations, and on January 18, 2023 received a total of $7,524,257.15 in a third round of HHAP allocations. Health and Safety Code Section 50220.5 (d) allows program recipients to use its allocation for operating subsidies in new and existing emergency shelters and services coordination for homeless populations. Approving the agreement will provide funding for the Fresno Housing Authority to provide homeless emergency shelter services at Journey Home totaling $2,200,075. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of state funds. FISCAL IMPACT The agreements will be funded through the City’s HHAP allocations. Attachments: 1.Agreement with Housing Authority of City of Fresno City of Fresno Printed on 5/11/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-650 Agenda Date:5/11/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JENNIFER DAVIS, Senior Management Analyst Housing Finance Division SUBJECT Approve a $3,000,000 Local Housing Trust Fund Agreement with Avalon Commons Phase II, LP, for the proposed Avalon Commons Phase II project located at 7521 North Chestnut Avenue in northeast Fresno (District 6). RECOMMENDATION Staff recommends the City Council approve a $3,000,000 Local Housing Trust Fund Agreement (Exhibit “A” - LHTF Agreement) with Avalon Commons Phase II, LP, a California Limited Partnership, for the development of Avalon Commons Phase II, which consists of the new construction of 44-units of affordable permanent rental housing; and authorize the City manager to execute the Local Housing Trust Fund Agreement and sign all implementing documents. Approval of this agreement will result in the obligation of 65% of the City’s Round 1 Local Housing Trust Fund program resources. EXECUTIVE SUMMARY On May 2, 2023, the Local Housing Trust Fund Review Committee selected the Housing Authority of the City of Fresno’s Avalon Commons Phase II project through a 2023 Local Housing Trust Fund Notice of Funding Availability (NOFA) to be recommended for $3,000,000 in LHTF Program funds. Avalon Commons Phase II will consist of 44 affordable rental housing units and be located at 7521 North Chestnut Avenue in northeast Fresno (Exhibit “B” - Project Location Map). The estimated project cost is $32,673,528 of which $3,000,000 is proposed to be funded with LHTF Program funds. Once completed, Avalon Commons Phase II will provide 44 newly constructed units of which 11 will be LHTF-assisted and reserved as affordable for a period of 55-years through a declaration of restrictions recorded on the property. If approved, this action will achieve the City’s affordable housing goals to increase the supply of affordable housing and create affordable rental housing. If approved, this will result in the obligation 65% of the City’s Round 1 Local Housing Trust Fund program resources. City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 LC/MK 6-1 GB VOTED NO APPROVED ON CONSENT File #:ID 23-650 Agenda Date:5/11/2023 Agenda #:1.-J. BACKGROUND On July 29,2021,the City Council approved resolution 2021-201,establishing the City of Fresno Local Housing Trust Fund (LHTF)to support access to decent,safe,and affordable housing within the City.This resolution designated up to $1,500,000 of the real estate transfer tax as a dedicated and annual source of funding for the LHTF.In addition,a one-time deposit of $1,000,000 was made to the LHTF from the General Fund carryover to bring the total LHTF allocation to $2,500,000.This commitment level enabled staff to pursue a grant application to the State of California’s Local Housing Trust Fund Grant Program seeking $2,500,000 in matching funds.On December 28,2022, staff received confirmation from the State Department of Housing and Community Development (HCD)that under agreement number 21-LHTFCOM-16922,the City of Fresno was awarded the full match of $2,500,000 from HCD, totaling $5,000,000 in 2022 LHTF program funds. After setting aside a State-allowable 5%($250,000)of the available LHTF Round 1 program funds to support administrative costs,on March 6,2023,the Housing and Community Development Division (Division)released a Local Housing Trust Fund Notice of Funding Availability (NOFA)in the amount of $4,750,000 soliciting proposals from housing development organizations to construct new affordable rental housing restricted to households with average incomes of no more than 60%Area Median Income (AMI)with a minimum of 30%of units supporting households with an average income of no more than 30%AMI.In response to the NOFA,the Division received eight applications, one of which was the Avalon Commons Phase II project.After preliminary underwriting review of the applications,the Division convened the LHTF Review Committee to review and score the applications.The LHTF Review Committee consisted of:Dr.Amber Crowell,Associate Professor at California State University Fresno;Edith Rico,Project Director at Fresno Building Health Communities;Casey Lauderdale,City of Fresno Supervising Planner;Danny Tohme,City of Fresno Projects Administrator;and UnChong Parry,City of Fresno Housing &Neighborhood Revitalization Manager.Based on the Committee’s scores,the Avalon Commons Phase II project was determined to be the most shovel ready and is therefore being recommended for funding in the amount of $3,000,000 in LHTF program funds.The LHTF funds will be provided as a residual receipts loan,in 3 rd position,at 3%interest,with the balance due and payable at the 55-year maturity date.If approved,this will result in the obligation 65%of the City’s Round 1 Local Housing Trust Fund program resources. Avalon Commons Phase II project cost is estimated at $32,673,528:$750,000 conventional bank construction loan;$28,923,528 tax credit equity;and $3,000,000 LHTF Program loan (Exhibit “C”- Sources and Uses of Funds). Avalon Commons Phase II is part of the first Housing Authority project located in northeast Fresno. The units will be contained within 11 one-and two-story residential structures with a community laundry room as well as recreational and open space (Exhibit “D”-Site Plan and Elevations)at the northeast corner of E.Alluvial Avenue and N.Chestnut Avenue.The project will have a total of 44 units,comprised of 43 affordable rental units and one on-site manager unit (12 one-bedroom units, 17 two-bedroom units,and 15 three-bedroom units).Eleven of the units will be LHTF-assisted units and be reserved as affordable for a period of 55 years through a declaration of restrictions recorded on the property.The community room will serve as a resource center and include a management office,multi-purpose room,kitchen,restroom facilities,and a recreation area.In addition,construction materials will be durable and environmentally friendly and incorporate the City of Fresno Green building standards and Universal Design features.The units will be rented to households with average incomes of no more than 60%AMI with a minimum of 30%of units supporting householdsCity of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-650 Agenda Date:5/11/2023 Agenda #:1.-J. average incomes of no more than 60%AMI with a minimum of 30%of units supporting households with an average income of no more than 30% AMI. The ownership structure consists of Fresno Avalon Commons Phase II,LP,a California Limited Partnership;Wells Fargo the tax credit investor and a limited partner;and the Housing Authority of the City of Fresno. The Housing Authority has constructed,rehabilitated,managed,and owned thousands of affordable housing units for lower income households.As part of its mission to create vibrant communities,the Housing Authority provides service rich social programs to its residents to help promote self- sufficiency.Some of its most recent projects include the Fenix Apartments in the Lowell neighborhood,Alegre Commons,Bridges at Florence,and City View Apartments at Van Ness Avenue and Inyo Street in downtown Fresno. The approximate completion date of the project is November 2025.Once completed,Avalon Commons Phase II will assist the City of Fresno with its affordable housing goals and objectives as outlined in the Housing Element of the 2035 General Plan,2020-2024 Consolidated Plan,and the City’s One Fresno Housing Strategy. This project is exempt from the Better Business Act (BBA)because it is receiving direct or indirect funding assistance a result of a City-initiated RFP/NOFA process. ENVIRONMENTAL FINDINGS The Developer has requested a streamlined Ministerial Approval pursuant to Government Code Section 65913.4.On June 25,2021,the Planning and Development Department determined that the project as described was exempt from California Environmental Quality Act (CEQA)under Sections 15268 and 153001.1 of the CEQA Guidelines.There is no further environmental assessment required at this time. FISCAL IMPACT The Local Housing Trust Funds for the Avalon Commons Phase II project were appropriated to the Planning and Development Department as part of its fiscal year 2023 Budget. Attachments: Exhibit A - Local Housing Trust Fund Agreement Exhibit B - Project Location Map Exhibit C - Sources and Uses of Funds Exhibit D - Site Plan and Elevations Exhibit E - LHTF NOFA City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ EXHIBIT “B” Project Location Map EXHIBIT “C” Sources and Uses of Funds Development Costs Project Name - Avalon Commons Phase II : 44 Units Cost Amount Cost Per Unit Cost Per Square Foot Acquisition Costs Land $1,000,062 $22,729 $25 Existing Structures $0 need data need data need data need data Site Work Costs (not included in construction contract) Demolition/Clearance $0 need data need data Site Remediation $0 need data need data Off-Site Costs (these are not HOME eligible)$50,000 Improvements $600,000 $13,636 $15 Construction Equipment (HOME eligible portion)$0 need data need data Construction Equipment (non-HOME eligible portion)$0 need data need data need data need data need data need data Construction / Rehabilitation Costs (construction Site Work Included in Construction Contract $0 need data need data Construction Equipment (HOME eligible portion)$0 need data need data Construction Equipment (non-HOME eligible portion)$0 need data need data New Construction $19,263,457 $437,806 $473 Rehabilitation $0 need data need data General Requirements $380,000 $8,636 $9 Builder’s Overhead $1,140,000 $25,909 $28 Builder Profit $1,330,000 $30,227 $33 Performance Bond Premium $165,000 $3,750 $4 Construction Contingency $950,000 $21,591 $23 need data need data need data need data Architectural and Engineering Fees Architect Fee -- Design $200,000 $4,545 $5 Architect Fee -- Construction Supervision $0 need data need data Engineering Fees $120,000 $2,727 $3 $0 need data need data Other Owner Costs Project Consultant Fees $0 need data need data Owner Attorney Fees (initial closing)$45,000 $1,023 $1 Owner Attorney Fees (final closing)$0 need data need data Syndication Costs $825,000 $18,750 $20 Other Owner Organizational Expenses $25,000 $568 $1 Market Study $5,000 $114 $0 Survey $0 need data need data Appraisal Fees $2,500 $57 $0 Environmental Studies $15,000 $341 $0 Capital Needs Assessment need data need data need data need data Tap Fees and Impact Fees $810,000 $18,409 $20 Building Permits and Fees $600,000 $13,636 $15 Tax Credit Fees $126,000 $2,864 $3 Accounting / Cost Certification / Audit $25,000 $568 $1 Soft Cost Contingency $150,000 $3,409 $4 need data need data need data need data Interim Financing Costs Construction Period Insurance need data need data Construction Period Taxes need data need data Construction Interest (see calculation below)$2,000,000 $45,455 $49 Construction Loan Origination Fee $50,000 $1,136 $1 Construction Loan Legal Fees need data need data Other Construction Loan Fees need data need data Bond Costs of Issuance need data need data Title and Recording Costs (for the construction loan)$90,000 $2,045 $2 need data need data need data need data Permanent Financing Costs Credit Report need data need data Lender Origination / Financing Fee $317,000 $7,205 $8 Lender’s Counsel Fee need data need data Other Lender Fees need data need data Title and Recording Costs (for permanent financing)$10,000 $227 $0 Establish Tax and Insurance Escrows need data need data need data need data need data need data Developer's Fee $2,200,000 $50,000 $54 Initial Project Reserves Initial Rent-Up Reserve (not HOME eligible)need data need data Initial Operating Reserve (HOME-eligible portion)$74,509 $1,693 $2 Initial Operating Reserve (non-HOME-eligible portion) Initial Debt Service Reserve (not HOME eligible)need data need data Initial Replacement Reserve (not HOME eligible)need data need data need data need data need data need data Project Administration and Management Costs Marketing/Management $5,000 $114 $0 Operating Expenses need data need data Furniture, Fixtures & Equipment $0 need data need data Tenant Relocation Costs $0 need data need data Prevailing Wage Compliance $100,000 $2,273 $2 need data need data Other Development Costs need data need data need data need data need data need data need data need data need data need data need data need data Total Development Costs $32,673,528 Construction Loan Amount Interest Rate Estimated First Draw Amount Months of Construction Months Const. Loan Outstanding After Completion Average Outstanding Balance Interest on first draw, during construction period $0 Interest on remaining funds, during construction $0 Construction interest after completion $0 Total Construction Interest $0 Notes: Construction Contingency is 4.9% General Requirements is 1.9% of construction costs Builder’s Overhead is 5.6% of construction costs Builder Profit is 6.5% of construction costs Construction Interest Calculation $20,378,457 Construction Costs before Contractor Compensation $950,000 Construction Contingency $380,000 General Requirements $1,140,000 Builder’s Overhead $1,330,000 Builder Profit $30,399,019 Developer Fee Base $2,200,000 Developer's Fee Developer's Fee is 7.2% of total development cost (excluding developer fee and initial reserves) EXHIBIT “D” Site Plan and Elevations SHEET NO. PROJECT NO.2011 SHEET TITLE: SCALE: NO.DATE:ISSUE:ATET A TS LACFO IINROF REN. 1-31-23 NO. C8883 R S EIBORLNEC DI CNOSA E D.LT RAD V C E TIH A-101 AS SHOWN SITE PLAN Plotted: Thursday, December 8, 20222:41 PM © 2022, r.l. davidson, inc. no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved. R.L. Davidson, Inc. ARCHITECTS EST. 1987 425 Spruce Ave. Clovis, Ca 93611 559 . 435 . 3303 www.rldavidson.com FOR CITY USE ONLY AVALON COMMONS FRESNO, CA 7521 N. CHESTNUT AVE FOR: FRESNO HOUSING AUTHORITY 04-01-2021 DRC SUBMITTAL 05-06-2021 C.U.P. SUBMITTAL 09-15-2022 ZONE CLEARANCE RE-SUBMITTAL 12-09-2022 P.C. SUBMITTALDWDWDWDWDWDWDWDWDWDWN0°46'17"W 59.13' N1°04'32"E 304.48'N45°01'47"E 18.13'N89°56'31"E 349.32'N88°59'05"E 99.73'N0°00'58"W 611.82'N89°54'01"E 349.70'N89°54'01"E 124.23'N 2°11'22 "W 80.69' N1°04'28"E 105.15' PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINEPROPERTY LINE1234567891011121314151617181920 123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920 1234567891011121314151617181920123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920 123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920 1234567891011121314151617181920123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920 12345678910111213141516171819201234567891011121314151617181920 1234567891011121314151617181920123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920 12345678910111213141516171819201234567891011121314151617181920123 45678910111213141516171819201234567891011121314151617181920 1234567891011121314151617181920 1234567891011121314151617181920 1234567891011121314151617181920 1234567891011121314151617181920 123456789101112131415161718192012345678910111213141516171819201234567891011121314151617181920 REF. REF.REF. REF.REF. REF.REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. DW DWDWDWDWDW DWDW DW DW DW DW 27'-0"19'-0"10'-0" 19'-0"46'-0" 19'-0" TYP. 27'-0" TYP. 19'-0" TYP.5'-6"19'-0"27'-0"19'-0"19'-0"TYP.348'-6"20'-0"16'-0" PER P.W. STD. P-6 20'-0"215'-0"71'-0"23'-0"32'-0"27'-0"19'-0" 14'-4"29'-0"8'-10"22'-8" 10'-0"8'-6"TYP.27'-0" 18'-0" SIDEYARD 10'-0"15'-0"SETBACK15'-0" SIDEYARD SETBACK 18'-0" FRONTYARD SETBACK 10'-0" SIDEYARD SETBACK 19' TYP. 27'-0"19'-0"9'-0"TYP.9'-0"TYP.10'-0"5'-0"6'-0"6"9'-0"TYP.21'-0"55'-0"10'-0"TYP.45'-0" 12'-0" TYP. 25'-0" 9' TYP. 5'9' TYP.9'TYP.8'9'TYP5'-0"9'TYP.5'9'TYP.9'-0"5'-0"9'-0"9'TYP.12' MIN.19'-0"TYP.8' 12' MIN. 4' MIN. 4' MIN.9'TYP.5'9'TYP.8'9'TYP.1'-0" 1'-6"5'-6"18'10'2'R=30'- 0"26'-0"14'-0"9'9' TY P . 8'5'-0"5'-0"12'-0" 5'-0"25'-7 1/2"19'-6" 37'-4"9'-6"30'-0"30'-0"30'-0"29'-3"12'-10"12'-10"15'-0"5'-0"10'-0"4'-6"5'-0"108'-7"15'-6"32'-4" 9'-0"9'-0"9'-0" 22'-6"20'-0"SETBACK10'-0"20'-0"9'-0"5'-0" 12'-0"10'-0"MIN. TO PLAYSTRUCTURE5'-0" 5'-6"6'-0"6" COMMUNITY LAUNDRY ROOM COMMUNITY LAUNDRY ROOM N. CHESTNUT AVE. (ARTERIAL)E. ALLUVIAL AVE.(ARTERIAL)E. BEDFORD AVE.(LOCAL)N. DEARING AVE. (LOCAL)VANCL CL CL CL CLCL L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S.L.S.L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S.L.S. L.S. L.S. L.S.L.S. L.S.L.S. L.S.L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S.L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. F.H. F.H. L.S. L.S. L.S.(4) CARPORTS(4) CARPORTS(8) CA R P O R T S (8) CARPORTS (8 ) CARP O R T S (8 ) CARPORTS (3) CARPORTS(4) CARPORTS(11) CARPORTS (11) CARPORTS (7) CARPORTS(5) CARPORTS(4) CARPORTS (4) CARPORTS 8) CARPORTSF.H. L.S. L.S. FDC FDC FDC FDC FDC L.S. E.V.E.V.E.V.E.V.E.V.E.V.E.V.E .V.E.V.E.V.E.V.E.V.E.V.E.V.VAN(4) CARPORTSVA N L.S. L.S. L.S. L.S. L.S.L.S.L.S.L.S. L.S. L.S. L.S. L.S. L.S. FH (6) CARPORTSFDC COMM. BLDG. BLDG. 8 BLDG. 9 BLDG. 10 BLDG. 1 BLDG. 2 BLDG. 3 BLDG. 4 FDC BLDG. 5 XFORM XFORM XFO R M FDC BLDG. 7 L.S. FDC E.V. VAN E .V .E .V . FDC BLDG. 6 FDC ELEC.FS &MPOEELEC.FS &MPOEELEC.ELEC.FS &MPOEFS & MPOE ELEC.FS &MPOEELEC. & MPOE REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF.REF. REF.REF. REF.REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. REF. DW DWDW DWDW DWDWDWDW DW DW DW DW DW DWDWDWDWDWDW DW DW DWDWDWDWDW DW DWDW DWDWDWDWL=26.63' R=110.00' Δ=13°52'20" L=31.47' R=130.00' Δ=13°52'20"19'-0"27'-2 1/2"19'-0"5'-0"14'-4"15'-0"9'-0" TYP. MAIN ENTRANCE Play/Recreational Area Suitable 2-12 yrs (30' x 40') ASSUMED PL ASSUMED PL ASSUMED PL ASSUMED PL C/C 143/243 BLDG. #8 B/B 144/244 A 145 A 146 B/B 147/247 C/C 148/248 D/D 107/207 B/B 108/208 A/A 109/209 A/A 110/210 B/B 111/211 D/D 112/212 E/E 137/237 E/E 136/236 A/A 135/235 B/B 134/234 D/D 133/233 D/D 140/240 B/B 139/239 A/A 138/238 A 153 A 151 F 152 C/C 149/249 B/B 150/250 B/B 154/254 C/C 155/255 A/A 131/231 B/B 132/232 B/B 141/241 A/A 142/242 C/C 104/204B/B 105/205 A/A 106/206 A/A 101/201 B/B 102/202 C/C 103/203 D/D 125/225 B/B 126/226 A/A 127/227 A/A 128/228 B/B 129/229 D/D 130/230 D/D 113/213 B/B 114/214 A/A 115/215 A/A 116/216 B/B 117/217 D/D 118/218 8 8 8 11 8 8 11 10 10 11 BLDG TYPE '5' 4 8 4 88 8 8 4 COMMUNITY BLDG. 100 DOG PARK EXISTING SINGLE FAMILY HOMES 8 7 PHASE 2 45 UNITS PHASE 1 60 UNITS EXISTING MULTI-HOUSING DEVELOPMENT LND. 35'x20' HALF BASKETBALL COURT EXISTING SINGLE FAMILY HOMES BLDG. #2 BLDG TYPE '2' BLDG. #1 BLDG TYPE '1'BLDG. #3 BLDG TYPE '2' BLDG. #5 BLDG TYPE '2' BLDG. #7 BLDG TYPE '5' BLDG. #6 BLDG TYPE '6' BLDG. #9 BLDG TYPE '4' BLDG. #10 BLDG TYPE '3' LND.LND. (950 S.F.) DOG PARK (1,250 S.F.) C/C 119/219B/B 120/220 A/A 121/221 A/A 122/222 B/B 123/223 C/C 124/224 SHADING INDICATES LND. 40'x26' HALF BASKETBALL COURT 6 BLDG. #4 BLDG TYPE '1' (SEPARATE PERMITS REQUIRED ) 1. NEW 20'-0" WIDE (ONE-WAY) DRIVE APPROACH PER CITY OF FRESNO PUBLIC WORKS STANDARDS P-2, P-6, AND P-48. - REMOVE (E) CURB PER CITY OF FRESNO STANDARD P-16 - REFER TO CIVIL DRAWINGS. 2. APPROX. EXTENT OF (E) SIDEWALK AT ADJACENT PROPERTY ON ALLUVIAL AVE. 3. INDICATES NEW 6 FOOT WIDE PUBLIC CONCRETE SIDEWALK & PARK STRIP PER CITY OF FRESNO STANDARDS P5 TO MATCH EXISTING ADJACENT SIDEWALK PATTERNS. - REFER TO CIVIL DRAWINGS. 4. CROSS-HATCH INDICATES 10' LANDSCAPED BUFFER YARD ALONG PROPERTY LINE ADJACENT TO RS DISTRICT PER CITY OF FRESNO MUNICIPAL CODE. 5. INDICATES TENTATIVE LOCATION OF NEW ON-SITE FIRE HYDRANT - REFER TO CIVIL DRAWINGS - ALL FIRE HYDRANTS TO BE INSTALLED AS PART OF PHASE 1 CONSTRUCTION 6. HATCHED AREA INDICATES 12' VISIBILITY TRIANGLE AT DRIVE APPROACH. 7. PROVIDE PARK STRIP WITH IRRIGATION FROM ON-SITE SYSTEM AT PUBLIC R.O.W. ADJACENT TO PROPERTY 8. INDICATES LOCATION OF NEW ADDRESS DIRECTORY - REFER TO SHT A-101n / DET 'A' -SIGN TO BE DESIGNED PER FRESNO DEV. DEPT. POLICY G-002 9. INSTALL 30" STATE STANDARD "STOP" SIGN AT LOCATION SHOWN. SIGN SHALL BE MOUNTED ON A 2" GALV. POST WITH THE BOTTOM OF THE SIGN 7' ABOVE GROUND; LOCATED BEHIND CURB AND IMMEDIATELY BEHIND MAJOR STREET SIDEWALK. 10. (NOT USED) 11. INDICATES FIRE TRUCK / TRASH TRUCK TURNING SPACE - 44'-0" RADIUS TO CENTERLINE OF TRUCK SPACE 12. DOUBLE CROSS-HATCH INDICATES NEW 6" THICK STAMPED & COLORED CONCRETE @ DRIVE APPROACH - PROVIDE #3 REBAR @ 18" O.C. BOTH WAYS 13. INDICATES TENTATIVE LOCATION OF (3) NEW 2-SPACE BIKE RACKS - REFER TO ........................................................ SHT. A-102 / DET. 23 14. INDICATES NEW +6'-0" HIGH CMU WALL ALONG PROPERTY LINE -REMOVE (E) WOOD FENCES 15. INDICATES TENTATIVE FIRE SPRINKLER RISER LOCATION REFER TO BUILDING COORDINATION PLANS 16. INDICATES 5'-0" WIDE (UNO) ON-SITE CONCRETE FLATWORK, U.N.O. - FOR CONCRETE JOINTS REFER TO ................. SHT. A-102 / DET. 14 17. CONSTRUCT NEW CONTINUOUS 6" HIGH CONCRETE CURB, TYPICAL. 18. INDICATES NEW 2-BIN, TRASH ENCLOSURE - FINISH w/ CEMENT PLASTER TO MATCH BUILDING - REFER TO .................................................... SHT. A-102 / DET. 10 19. PROVIDE 4" WIDE WHITE PAINTED PARKING STRIPES PER CITY OF FRESNO PARKING MANUAL AT ALL PARKING STALLS, TYPICAL. -STRIPES SHALL EXTEND THE FULL DEPTH OF STALL 20. PROVIDE STRIPING FOR NEW ACCESSIBLE PARKING STALL(S). - POLE MOUNTED SIGNAGE SHALL BE LOCATED BEHIND THE ADJACENT SIDEWALK AND OUTSIDE OF THE FRONT OF CAR OVERHANG AREA. - REFER TO ..................................................... SHT. A-801 / DET. 4 21. INDICATES NEW 6" HIGH PRECAST CONCRETE TIRE STOP - REFER TO....................................................... SHT. A-102 / DET. 19 - PLACE 3'-0" FROM FACE OF CURB TO CENTER OF TIRE STOP 22. HATCH INDICATES PROPOSED ACCESSIBLE CONCRETE CURB RAMPS - REFER TO .......................................... SHT. A-801 / DET. 8, 9, & 10 - REFER TO CIVIL DRAWINGS. 23. TENTATIVE LOCATION OF NEW MONUMENT SIGN - SEPARATE REVIEW AND PERMIT REQUIRED FOR ALL SIGNAGE. 24. INDICATES TENTATIVE LOCATION OF NEW TRANSFORMER ON CONCRETE PAD - COORDINATE WITH SERVING UTILITY COMPANY 25. LINE INDICATES SECTION LINE 26. INDICATES NEW TOW AWAY SIGN REGARDING ACCESSIBLE PARKING - REFER TO DETAIL ........................................ SHT. A-801 / DET. 4B 27. EXIST +6'-0" HIGH CMU WALL ALONG WEST PROPERTY LINE 28. PROVIDE NEW 'KNOX BOX' AT MAIN ENTRY TO COMMUNITY BUILDING - VERIFY REQUIREMENTS WITH LOCAL FIRE DEPARTMENT 29. PAINTED DIRECTIONAL ARROWS PER CITY OF FRESNO P.W. STDS. 30. INDICATES NEW PRE-MANUFACTURED CARPORT REFER TO ........................................................... SHT. A-102 / DET. 22 31. EXISTING ACCESSIBLE CURB RAMP@ STREET INTERSECTION PER CITY OF FRESNO P.W. STD. P-28 & P-32 TO REMAIN. 32. 60" HIGH WROUGHT IRON FENCE AT PROJECT STREET FRONTAGE - REFER TO DETAIL ............................................ SHT. A-102 / DET. 18 - PROVIDE w/ DECORATIVE PILASTERS @ 30'-0" O.C. PER FMC SECTION 15-2006-L-3 33. 36" WIDE x 60" HIGH WROUGHT IRON PEDESTRIAN GATE w/ COMBINATION LOCK FOR ENTRY AND PANIC HARDWARE FOR EGRESS - REFER TO DETAIL .................................... SHT. A-102 / DET. 16 & 18 34. CONSTRUCT AN EMERGENCY VEHICLE ACCESS, PER P.W. STD. P-67 35. FIRE LANE TOW AWAY SIGN PER CVC 22658 ADJACENT TO ENTRY 36. INDICATES DETECTOR CHECK ASSEMBLY IN VAULT FOR FIRE SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS . 37. INDICATES WATER METER AND BACKFLOW PREVENTION DEVICE FOR IRRIGATION SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 38. INDICATES WATER METER & BACKFLOW PREVENTION DEVIDE FOR DOMESTIC WATER SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 39. (NOT USED) 40. EXISTING CONCRETE CURB AND GUTTER TO REMAIN. 41. NEW 2'-0" WIDE PEDESTRIAN EASEMENT THAT PROVIDES A TOTAL OF 12'-0" FROM FACE OF CURB TO BACK OF PEDESTRIAN EASEMENT. 42. EXISTING STREET LIGHT TO REMAIN. 43. PROVIDE AND INSTALL NEW STREET LIGHT PER P.W. STD. E-1 & E-7A OR E-9A - REFER TO STREET LIGHTING DRAWINGS 44. EXISTING 1'-0" PEDESTRIAN EASEMENT AT BEDFORD AVENUE 45. HATCH INDICATES EXTENT OF NEW STREET PAVING. - CONSTRUCT PER P.W. STD. P-50 - REFER TO CIVIL DRAWINGS 46. CONNECT NEW SIDEWALK TO EXISTING (MATCH PATTERN) 47. PROVIDE 6" THICK COMPACTED AGGREGATE BASE FOR TEMPORARY FIRE DEPARTMENT ACCESS UNTIL PHASE 2 IS CONSTRUCTED. - PROVIDE 'T' TURNAROUND PER DETAIL ...... SHT A-101n / DET. B 48. INDICATES NEW 5'-6" WIDE SIDEWALK PER P.W. STANDARDS P-4, P-5 & P-56A @ BEDFORD AVENUE 49. EXISTING FIRE HYDRANT TO BE RELOCATED BEHIND CURB - PER P.W. STANDARDS ___________ - REFER TO CIVIL DRAWINGS 50. INDICATES EXISTING STREET LIGHT AND TRAFFIC SIGNAL TO REMAIN. 51. INDICATES EXISTING TRAFFIC SIGNAL TO REMAIN. 52. INDICATES DRAINAGE TUBES UNDER PUBLIC SIDEWALK PER P.W. STD P-22 & P-23 - REFER TO CIVIL DRAWINGS 53. INDICATES CALL BOX CONTROL FOR MOTORIZED GATE 54. INDICATES NEW PLAY AREA EQUIPMENT - REFER TO LANDSCAPE PLANS FOR DETAILED REQUIREMENTS 55. COLORED CONCRETE AND STRIPED BASKETBALL COURT - REFER TO LANDSCAPE DRAWINGS 56. INDICATES NEW 6' HIGH MOTORIZED ROLLING GATE (FULL WIDTH OF DRIVEWAY) 57. INDICATES NEW 6' HIGH MOTORIZED SWINGING GATE (FULL WIDTH OF DRIVEWAY) SITE KEYNOTES: THE FOLLOWING KEYNOTES SHALL APPLY WHERE INDICATED ON THIS SHEET. DEVELOPMENT DATA: ______________________________ ADDRESS/LOCATION: 7521 N. CHESTNUT AVE, FRESNO, CA. APN: 404-071-50 JURISDICTION: CITY OF FRESNO TOTAL SITE AREA: 6.65 ACRES = 289,674 S.F. EXISTING ZONING: RS-5 / RESIDENTIAL MEDIUM DENSITY PROPOSED ZONING: RS-5 (and to RM-1 Standards ALLOWED DENSITY: = 16 UNITS MAX. PER ACRE PER FRESNO DEV. CODE. SECTION 15.2204 = 106.4 units maximum. PROPOSED DENSITY: = 105 UNITS (16 - 1Bed/1Bath units = 15.2%) (53 - 2Bed/1Bath units = 50.5%) (36 - 3Bed/2Bath units = 34.3%) ALLOWED USE: YES LOT COVERAGE - MAX: 50% LOT COVERAGE - ACTUAL: 33% (95,668 S.F.) Carports: 15,941 sf. Unit Buildings: 76,063 sf. Community Building: 3,664 sf. FAR - MAX: NA FAR - PROPOSED: NA PROPOSED USE: 2-STORY APARTMENT COMMUNITY MAX. HEIGHT ALLOWED: 40’- 0” PROPOSED HEIGHT: 35’-0” FIRE SPRINKLERS YES (NFPA 13 w/ ATTIC SPRINKLERS @ ALL BUILDINGS) SETBACKS - REQUIRED: PROPOSED: FRONT (east, Chestnut): 10’ min-20’max. 20’ - 22’’ SIDE (south, Alluvial): 10’ min. 20’ - 22’ REAR (west): 20’ 15’ SIDE (north): 10’ 15’ REQUIRED MIN. BLDG. FRONTAGE AS % = 50% FRONTAGE PROVIDED: CHESTNUT 620’ long w/ 315’ Bldg. = 50.8% ALLUVIAL 460’ long w/ 300’ Bldg.= 65.2% PRIVATE & COMMON OPEN SPACE P/ UNIT: REQUIRED: 20% of TOTAL SITE AREA = 57,935 SF. (50% of all units shall have min. 32 sf. of Priv. Open space. Minimum dimension of common open space is 20’ PROVIDED: 97,086 sf. = 33.5% UNIT BREAKDOWN (TOTAL PROJECT ) 32 - A UNITS (2br/1ba) 36 - B UNITS (3br/2ba) 16 - C UNITS (1br/1ba) 16 - D UNITS (2br/1ba) 4 - E UNITS (2br/1ba) 1 - F UNITS (2br/1ba) 105 TOTAL UNITS : (16 - 1Bed/1Bath units = 15.2%) (53 - 2Bed/1Bath units = 50.5%) (36 - 3Bed/2Bath units = 34.3%) PHASE ONE 20 - 'A' UNITS (2br/1ba) 20 - 'B' UNITS (3br/2ba) 8 - 'C' UNITS (1br/1ba) 12 - 'D' UNITS (2br/1ba) 60 - TOTAL UNITS : ( 8 - 1Bed/1Bath units = 13.3%) (32 - 2Bed/1Bath units = 53.3%) (20 - 3Bed/2Bath units = 33.4%) BUILDING TYPE '1' (BUILDINGS #1 & #4) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 4 - 3,760 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'C' UNIT - 1 BD. / 1 BA. @ 806 S.F. x 4 - 3,224 S.F. TOTAL CONDITIONED BUILDING AREA: 12 UNITS 11,648 S.F. x 2 = 23,296 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,565 S.F. x 2 = 7,130 (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,107 S.F. - 2nd FLOOR - 1,458 S.F) TOTAL GROSS BUILDING AREA: 15,213 S.F. x 2 = 30,426 S.F. (1st FLOOR - 7,931 S.F. - 2nd FLOOR - 7,282 S.F) LOT COVERAGE: 7,931 S.F. x 2 = 15,862 S.F. BUILDING TYPE '2' (BUILDINGS #2, #3 & #5) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 4 - 3,760 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'D' UNIT - 2 BD. / 1 BA. @ 957 S.F. x 4 - 3,828 S.F. TOTAL CONDITIONED BUILDING AREA: 12 UNITS 12,252 S.F. x 3 = 36,756 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,599 S.F. x 3 = 10,797 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,177 S.F. - 2nd FLOOR - 1,422 S.F) TOTAL GROSS BUILDING AREA: 15,851 S.F. x 3 = 47,553 S.F. (1st FLOOR - 8,303 S.F. - 2nd FLOOR - 7,548 S.F) LOT COVERAGE: 8,303 S.F. x 3 = 24,909 S.F. COMMUNITY BUILDING TOTAL CONDITIONED AREA - 3,676 S.F. TOTAL UNCONDITIONED BUILDING AREA: 52 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) TOTAL GROSS BUILDING AREA: 3,728 S.F. LOT COVERAGE: 3,728 S.F. TOTAL PHASE 1 AREAS TOTAL CONDITIONED BUILDING SPACE 63,780 S.F. TOTAL GROSS BUILDING AREA 81,707 S.F. TOTAL LOT COVERAGE 44,499 S.F. PHASE TWO 12 - 'A' UNITS (2br/1ba) 16 - 'B' UNITS (3br/2ba) 8 - 'C' UNITS (1br/1ba) 4 - 'D' UNITS (2br/1ba) 4 - 'E' UNITS (1br/1ba) 1 - 'F' UNITS (2br/1ba) 45 - TOTAL UNITS : (12 - 1Bed/1Bath units = 26.7%) (17 - 2Bed/1Bath units = 37.8%) (16 - 3Bed/2Bath units = 35.5%) BUILDING TYPE '3' (BUILDING #10) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 2 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'C' UNIT - 1 BD. / 1 BA. @ 806 S.F. x 4 - 3,224 S.F. TOTAL CONDITIONED BUILDING AREA: 10 UNITS 9,768 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,143 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,107 S.F. - 2nd FLOOR - 1,036 S.F) TOTAL GROSS BUILDING AREA: 12,911 S.F. (1st FLOOR - 7,931 S.F. - 2nd FLOOR - 4,980 S.F) LOT COVERAGE: 7,931 S.F. BUILDING TYPE '4' (BUILDING #9) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 2 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'C' UNIT - 1 BD. / 1 BA. @ 806 S.F. x 4 - 3,224 S.F. 'F' UNIT - 2 BD. / 1 BA. @ 974 S.F. x 1 - 974 S.F. TOTAL CONDITIONED BUILDING AREA: 11 UNITS 10,742 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,363 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,327 S.F. - 2nd FLOOR - 1,036 S.F) TOTAL GROSS BUILDING AREA: 14,105 S.F. (1st FLOOR - 9,125 S.F. - 2nd FLOOR - 4,980 S.F) LOT COVERAGE: 9,125 S.F. BUILDING TYPE '5' (BUILDINGS #7 & #8) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 2 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 2 - 2,332 S.F. TOTAL CONDITIONED BUILDING AREA: 4 UNITS 4,212 S.F. x 2 = 8,424 S.F. TOTAL UNCONDITIONED BUILDING AREA: 1,004 S.F. x 2 = 2,008 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 558 S.F. - 2nd FLOOR - 446 S.F) TOTAL GROSS BUILDING AREA: 5,216 S.F. x 2 = 10,432 S.F. (1st FLOOR - 2,664 S.F. - 2nd FLOOR - 2,552 S.F) LOT COVERAGE: 2,664 S.F. x 2 = 5,328 S.F. BUILDING TYPE '6' (BUILDING #6) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 4 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'D' UNIT - 2 BD. / 1 BA. @ 957 S.F. x 4 - 3,828 S.F. 'E' UNIT - 2 BD. / 1 BA. @ 939 S.F. x 4 - 3,756 S.F. TOTAL CONDITIONED BUILDING AREA: 16 UNITS 13,676 S.F. TOTAL UNCONDITIONED BUILDING AREA: 4,488 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,342 S.F. - 2nd FLOOR - 2,146 S.F) TOTAL GROSS BUILDING AREA: 18,164 S.F. (1st FLOOR - 9,180 S.F. - 2nd FLOOR - 8,984 S.F) LOT COVERAGE: 9,180 S.F. TOTAL PHASE 2 AREAS TOTAL CONDITIONED BUILDING SPACE 42,610 S.F. TOTAL GROSS BUILDING AREA 55,612 S.F. TOTAL LOT COVERAGE 31,564 S.F. TOTAL PROJECT AREAS TOTAL CONDITIONED BUILDING SPACE 106,390 S.F. TOTAL GROSS BUILDING AREA 137,319 S.F. TOTAL LOT COVERAGE 76,063 S.F. PARKING REQUIREMENTS PARKING REQUIRED - AFFORDABLE: (PER FRESNO DEVELOPMENT CODE, TABLE 15-2409 - AFFORDABLE HOUSING) 1 BED UNITS: .75 ST/ PER UNIT + 1 ST/ P/4 UNITS = 16 STALLS 2 BED UNITS: .75 ST/PER UNIT + 1 ST/ P/4 UNITS = 54 STALLS 3 BED UNITS: 1.5 ST/PER UNIT +1 ST/P/4 UNITS = 63 STALLS TOTAL REQUIRED : = 133 STALLS TOTAL PARKING STALLS PROVIDED : PHASE 1: = 100 PHASE 2: = 65 TOTAL PROVIDED : = 165 THE NUMBER OF ACCESSIBLE STALLS IS DETERMINED AS FOLLOWS: 11B-208.2.3.1 PARKING FOR RESIDENTS (1) ACCESSIBLE STALL / MOBILITY UNIT = 16 STALLS REQ'D PHASE 1 = 9 PHASE 2 = 7 TOTAL PROVIDED = 16 11B-208.2.3.2 ADDITIONAL PARKING FOR RESIDENTS 165 TOTAL - 105 STALLS (1 STALL / UNIT) = 60 STALLS 2% x 60 STALLS = 2 STALLS REQ'D 11B-208.2.3.3 PARKING FOR GUESTS , EMPLOYEES & NON-RESIDENTS 60 UNASSIGNED STALLS = 2 STALL REQ'D TOTAL ACCESSIBLE STALLS REQUIRED = 20 ACCESSIBLE STALLS REQ'D (4 VAN ACCESSIBLE STALLS REQUIRED ) BICYCLE PARKING: SHORT-TERM BICYCLE PARKING REQ'D. = 8.3 (165 PARKING STALLS x.05) (PER CAL. GREEN BUILDING CODE SECTION 5.106.4) SHORT-TERM BICYCLE PARKING PROV'D. = 10 (5) 2-BIKE RACKS PROVIDED (1) LONG TERM BICYCLE STORAGE REQUIRED (CAL GREEN BUILDING CODE SECTION 5.106.4.1.2) - WALL MOUNTED RACK IN STORAGE ROOM 1. NEW 20'-0" WIDE (ONE-WAY) DRIVE APPROACH PER CITY OF FRESNO PUBLIC WORKS STANDARDS P-2, P-6, AND P-48. - REMOVE (E) CURB PER CITY OF FRESNO STANDARD P-16 - REFER TO CIVIL DRAWINGS. 2. APPROX. EXTENT OF (E) SIDEWALK AT ADJACENT PROPERTY ON ALLUVIAL AVE. 3. INDICATES NEW 6 FOOT WIDE PUBLIC CONCRETE SIDEWALK & PARK STRIP PER CITY OF FRESNO STANDARDS P5 TO MATCH EXISTING ADJACENT SIDEWALK PATTERNS. - REFER TO CIVIL DRAWINGS. 4. CROSS-HATCH INDICATES 10' LANDSCAPED BUFFER YARD ALONG PROPERTY LINE ADJACENT TO RS DISTRICT PER CITY OF FRESNO MUNICIPAL CODE. 5. INDICATES TENTATIVE LOCATION OF NEW ON-SITE FIRE HYDRANT - REFER TO CIVIL DRAWINGS - ALL FIRE HYDRANTS TO BE INSTALLED AS PART OF PHASE 1 CONSTRUCTION 6. HATCHED AREA INDICATES 12' VISIBILITY TRIANGLE AT DRIVE APPROACH. 7. PROVIDE PARK STRIP WITH IRRIGATION FROM ON-SITE SYSTEM AT PUBLIC R.O.W. ADJACENT TO PROPERTY 8. INDICATES LOCATION OF NEW ADDRESS DIRECTORY - REFER TO SHT A-101n / DET 'A' -SIGN TO BE DESIGNED PER FRESNO DEV. DEPT. POLICY G-002 9. INSTALL 30" STATE STANDARD "STOP" SIGN AT LOCATION SHOWN . SIGN SHALL BE MOUNTED ON A 2" GALV. POST WITH THE BOTTOM OF THE SIGN 7' ABOVE GROUND; LOCATED BEHIND CURB AND IMMEDIATELY BEHIND MAJOR STREET SIDEWALK. 10. (NOT USED) 11. INDICATES FIRE TRUCK / TRASH TRUCK TURNING SPACE - 44'-0" RADIUS TO CENTERLINE OF TRUCK SPACE 12. DOUBLE CROSS-HATCH INDICATES NEW 6" THICK STAMPED & COLORED CONCRETE @ DRIVE APPROACH - PROVIDE #3 REBAR @ 18" O.C. BOTH WAYS 13. INDICATES TENTATIVE LOCATION OF (3) NEW 2-SPACE BIKE RACKS - REFER TO ........................................................ SHT. A-102 / DET. 23 14. INDICATES NEW +6'-0" HIGH CMU WALL ALONG PROPERTY LINE -REMOVE (E) WOOD FENCES 15. INDICATES TENTATIVE FIRE SPRINKLER RISER LOCATION REFER TO BUILDING COORDINATION PLANS 16. INDICATES 5'-0" WIDE (UNO) ON-SITE CONCRETE FLATWORK, U.N.O. - FOR CONCRETE JOINTS REFER TO ................. SHT. A-102 / DET. 14 17. CONSTRUCT NEW CONTINUOUS 6" HIGH CONCRETE CURB, TYPICAL. 18. INDICATES NEW 2-BIN, TRASH ENCLOSURE - FINISH w/ CEMENT PLASTER TO MATCH BUILDING - REFER TO .................................................... SHT. A-102 / DET. 10 19. PROVIDE 4" WIDE WHITE PAINTED PARKING STRIPES PER CITY OF FRESNO PARKING MANUAL AT ALL PARKING STALLS, TYPICAL. -STRIPES SHALL EXTEND THE FULL DEPTH OF STALL 20. PROVIDE STRIPING FOR NEW ACCESSIBLE PARKING STALL(S). - POLE MOUNTED SIGNAGE SHALL BE LOCATED BEHIND THE ADJACENT SIDEWALK AND OUTSIDE OF THE FRONT OF CAR OVERHANG AREA. - REFER TO ..................................................... SHT. A-801 / DET. 4 21. INDICATES NEW 6" HIGH PRECAST CONCRETE TIRE STOP - REFER TO....................................................... SHT. A-102 / DET. 19 - PLACE 3'-0" FROM FACE OF CURB TO CENTER OF TIRE STOP 22. HATCH INDICATES PROPOSED ACCESSIBLE CONCRETE CURB RAMPS - REFER TO .......................................... SHT. A-801 / DET. 8, 9, & 10 - REFER TO CIVIL DRAWINGS. 23. TENTATIVE LOCATION OF NEW MONUMENT SIGN - SEPARATE REVIEW AND PERMIT REQUIRED FOR ALL SIGNAGE. 24. INDICATES TENTATIVE LOCATION OF NEW TRANSFORMER ON CONCRETE PAD - COORDINATE WITH SERVING UTILITY COMPANY 25. LINE INDICATES SECTION LINE 26. INDICATES NEW TOW AWAY SIGN REGARDING ACCESSIBLE PARKING - REFER TO DETAIL ........................................ SHT. A-801 / DET. 4B 27. EXIST +6'-0" HIGH CMU WALL ALONG WEST PROPERTY LINE 28. PROVIDE NEW 'KNOX BOX' AT MAIN ENTRY TO COMMUNITY BUILDING - VERIFY REQUIREMENTS WITH LOCAL FIRE DEPARTMENT 29. PAINTED DIRECTIONAL ARROWS PER CITY OF FRESNO P.W. STDS. 30. INDICATES NEW PRE-MANUFACTURED CARPORT REFER TO ........................................................... SHT. A-102 / DET. 22 31. EXISTING ACCESSIBLE CURB RAMP@ STREET INTERSECTION PER CITY OF FRESNO P.W. STD. P-28 & P-32 TO REMAIN. 32. 60" HIGH WROUGHT IRON FENCE AT PROJECT STREET FRONTAGE - REFER TO DETAIL ............................................ SHT. A-102 / DET. 18 - PROVIDE w/ DECORATIVE PILASTERS @ 30'-0" O.C. PER FMC SECTION 15-2006-L-3 33. 36" WIDE x 60" HIGH WROUGHT IRON PEDESTRIAN GATE w/ COMBINATION LOCK FOR ENTRY AND PANIC HARDWARE FOR EGRESS - REFER TO DETAIL .................................... SHT. A-102 / DET. 16 & 18 34. CONSTRUCT AN EMERGENCY VEHICLE ACCESS, PER P.W. STD. P-67 35. FIRE LANE TOW AWAY SIGN PER CVC 22658 ADJACENT TO ENTRY 36. INDICATES DETECTOR CHECK ASSEMBLY IN VAULT FOR FIRE SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS . 37. INDICATES WATER METER AND BACKFLOW PREVENTION DEVICE FOR IRRIGATION SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 38. INDICATES WATER METER & BACKFLOW PREVENTION DEVIDE FOR DOMESTIC WATER SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 39. (NOT USED) 40. EXISTING CONCRETE CURB AND GUTTER TO REMAIN. 41. NEW 2'-0" WIDE PEDESTRIAN EASEMENT THAT PROVIDES A TOTAL OF 12'-0" FROM FACE OF CURB TO BACK OF PEDESTRIAN EASEMENT. 42. EXISTING STREET LIGHT TO REMAIN. 43. PROVIDE AND INSTALL NEW STREET LIGHT PER P.W. STD. E-1 & E-7A OR E-9A - REFER TO STREET LIGHTING DRAWINGS 44. EXISTING 1'-0" PEDESTRIAN EASEMENT AT BEDFORD AVENUE 45. HATCH INDICATES EXTENT OF NEW STREET PAVING. - CONSTRUCT PER P.W. STD. P-50 - REFER TO CIVIL DRAWINGS 46. CONNECT NEW SIDEWALK TO EXISTING (MATCH PATTERN) 47. PROVIDE 6" THICK COMPACTED AGGREGATE BASE FOR TEMPORARY FIRE DEPARTMENT ACCESS UNTIL PHASE 2 IS CONSTRUCTED. - PROVIDE 'T' TURNAROUND PER DETAIL ...... SHT A-101n / DET. B 48. INDICATES NEW 5'-6" WIDE SIDEWALK PER P.W. STANDARDS P-4, P-5 & P-56A @ BEDFORD AVENUE 49. EXISTING FIRE HYDRANT TO BE RELOCATED BEHIND CURB - PER P.W. STANDARDS ___________ - REFER TO CIVIL DRAWINGS 50. INDICATES EXISTING STREET LIGHT AND TRAFFIC SIGNAL TO REMAIN. 51. INDICATES EXISTING TRAFFIC SIGNAL TO REMAIN. 52. INDICATES DRAINAGE TUBES UNDER PUBLIC SIDEWALK PER P.W. STD P-22 & P-23 - REFER TO CIVIL DRAWINGS 53. INDICATES CALL BOX CONTROL FOR MOTORIZED GATE 54. INDICATES NEW PLAY AREA EQUIPMENT - REFER TO LANDSCAPE PLANS FOR DETAILED REQUIREMENTS 55. COLORED CONCRETE AND STRIPED BASKETBALL COURT - REFER TO LANDSCAPE DRAWINGS 56. INDICATES NEW 6' HIGH MOTORIZED ROLLING GATE (FULL WIDTH OF DRIVEWAY) 57. INDICATES NEW 6' HIGH MOTORIZED SWINGING GATE (FULL WIDTH OF DRIVEWAY) 1. NEW 20'-0" WIDE (ONE-WAY) DRIVE APPROACH PER CITY OF FRESNO PUBLIC WORKS STANDARDS P-2, P-6, AND P-48. - REMOVE (E) CURB PER CITY OF FRESNO STANDARD P-16 - REFER TO CIVIL DRAWINGS. 2. APPROX. EXTENT OF (E) SIDEWALK AT ADJACENT PROPERTY ON ALLUVIAL AVE. 3. INDICATES NEW 6 FOOT WIDE PUBLIC CONCRETE SIDEWALK & PARK STRIP PER CITY OF FRESNO STANDARDS P5 TO MATCH EXISTING ADJACENT SIDEWALK PATTERNS. - REFER TO CIVIL DRAWINGS. 4. CROSS-HATCH INDICATES 10' LANDSCAPED BUFFER YARD ALONG PROPERTY LINE ADJACENT TO RS DISTRICT PER CITY OF FRESNO MUNICIPAL CODE. 5. INDICATES TENTATIVE LOCATION OF NEW ON-SITE FIRE HYDRANT - REFER TO CIVIL DRAWINGS - ALL FIRE HYDRANTS TO BE INSTALLED AS PART OF PHASE 1 CONSTRUCTION 6. HATCHED AREA INDICATES 12' VISIBILITY TRIANGLE AT DRIVE APPROACH. 7. PROVIDE PARK STRIP WITH IRRIGATION FROM ON-SITE SYSTEM AT PUBLIC R.O.W. ADJACENT TO PROPERTY 8. INDICATES LOCATION OF NEW ADDRESS DIRECTORY - REFER TO SHT A-101n / DET 'A' -SIGN TO BE DESIGNED PER FRESNO DEV. DEPT. POLICY G-002 9. INSTALL 30" STATE STANDARD "STOP" SIGN AT LOCATION SHOWN. SIGN SHALL BE MOUNTED ON A 2" GALV. POST WITH THE BOTTOM OF THE SIGN 7' ABOVE GROUND; LOCATED BEHIND CURB AND IMMEDIATELY BEHIND MAJOR STREET SIDEWALK. 10. (NOT USED) 11. INDICATES FIRE TRUCK / TRASH TRUCK TURNING SPACE - 44'-0" RADIUS TO CENTERLINE OF TRUCK SPACE 12. DOUBLE CROSS-HATCH INDICATES NEW 6" THICK STAMPED & COLORED CONCRETE @ DRIVE APPROACH - PROVIDE #3 REBAR @ 18" O.C. BOTH WAYS 13. INDICATES TENTATIVE LOCATION OF (3) NEW 2-SPACE BIKE RACKS - REFER TO ........................................................ SHT. A-102 / DET. 23 14. INDICATES NEW +6'-0" HIGH CMU WALL ALONG PROPERTY LINE -REMOVE (E) WOOD FENCES 15. INDICATES TENTATIVE FIRE SPRINKLER RISER LOCATION REFER TO BUILDING COORDINATION PLANS 16. INDICATES 5'-0" WIDE (UNO) ON-SITE CONCRETE FLATWORK, U.N.O. - FOR CONCRETE JOINTS REFER TO ................. SHT. A-102 / DET. 14 17. CONSTRUCT NEW CONTINUOUS 6" HIGH CONCRETE CURB, TYPICAL. 18. INDICATES NEW 2-BIN, TRASH ENCLOSURE - FINISH w/ CEMENT PLASTER TO MATCH BUILDING - REFER TO .................................................... SHT. A-102 / DET. 10 19. PROVIDE 4" WIDE WHITE PAINTED PARKING STRIPES PER CITY OF FRESNO PARKING MANUAL AT ALL PARKING STALLS, TYPICAL. -STRIPES SHALL EXTEND THE FULL DEPTH OF STALL 20. PROVIDE STRIPING FOR NEW ACCESSIBLE PARKING STALL(S). - POLE MOUNTED SIGNAGE SHALL BE LOCATED BEHIND THE ADJACENT SIDEWALK AND OUTSIDE OF THE FRONT OF CAR OVERHANG AREA. - REFER TO ..................................................... SHT. A-801 / DET. 4 21. INDICATES NEW 6" HIGH PRECAST CONCRETE TIRE STOP - REFER TO....................................................... SHT. A-102 / DET. 19 - PLACE 3'-0" FROM FACE OF CURB TO CENTER OF TIRE STOP 22. HATCH INDICATES PROPOSED ACCESSIBLE CONCRETE CURB RAMPS - REFER TO .......................................... SHT. A-801 / DET. 8, 9, & 10 - REFER TO CIVIL DRAWINGS. 23. TENTATIVE LOCATION OF NEW MONUMENT SIGN - SEPARATE REVIEW AND PERMIT REQUIRED FOR ALL SIGNAGE. 24. INDICATES TENTATIVE LOCATION OF NEW TRANSFORMER ON CONCRETE PAD - COORDINATE WITH SERVING UTILITY COMPANY 25. LINE INDICATES SECTION LINE 26. INDICATES NEW TOW AWAY SIGN REGARDING ACCESSIBLE PARKING - REFER TO DETAIL ........................................ SHT. A-801 / DET. 4B 27. EXIST +6'-0" HIGH CMU WALL ALONG WEST PROPERTY LINE 28. PROVIDE NEW 'KNOX BOX' AT MAIN ENTRY TO COMMUNITY BUILDING - VERIFY REQUIREMENTS WITH LOCAL FIRE DEPARTMENT 29. PAINTED DIRECTIONAL ARROWS PER CITY OF FRESNO P.W. STDS. 30. INDICATES NEW PRE-MANUFACTURED CARPORT REFER TO ........................................................... SHT. A-102 / DET. 22 31. EXISTING ACCESSIBLE CURB RAMP@ STREET INTERSECTION PER CITY OF FRESNO P.W. STD. P-28 & P-32 TO REMAIN. 32. 60" HIGH WROUGHT IRON FENCE AT PROJECT STREET FRONTAGE - REFER TO DETAIL ............................................ SHT. A-102 / DET. 18 - PROVIDE w/ DECORATIVE PILASTERS @ 30'-0" O.C. PER FMC SECTION 15-2006-L-3 33. 36" WIDE x 60" HIGH WROUGHT IRON PEDESTRIAN GATE w/ COMBINATION LOCK FOR ENTRY AND PANIC HARDWARE FOR EGRESS - REFER TO DETAIL .................................... SHT. A-102 / DET. 16 & 18 34. CONSTRUCT AN EMERGENCY VEHICLE ACCESS, PER P.W. STD. P-67 35. FIRE LANE TOW AWAY SIGN PER CVC 22658 ADJACENT TO ENTRY 36. INDICATES DETECTOR CHECK ASSEMBLY IN VAULT FOR FIRE SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 37. INDICATES WATER METER AND BACKFLOW PREVENTION DEVICE FOR IRRIGATION SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 38. INDICATES WATER METER & BACKFLOW PREVENTION DEVIDE FOR DOMESTIC WATER SERVICE - REFER TO CIVIL DRAWINGS FOR DETAILED REQUIREMENTS. 39. (NOT USED) 40. EXISTING CONCRETE CURB AND GUTTER TO REMAIN. 41. NEW 2'-0" WIDE PEDESTRIAN EASEMENT THAT PROVIDES A TOTAL OF 12'-0" FROM FACE OF CURB TO BACK OF PEDESTRIAN EASEMENT. 42. EXISTING STREET LIGHT TO REMAIN. 43. PROVIDE AND INSTALL NEW STREET LIGHT PER P.W. STD. E-1 & E-7A OR E-9A - REFER TO STREET LIGHTING DRAWINGS 44. EXISTING 1'-0" PEDESTRIAN EASEMENT AT BEDFORD AVENUE 45. HATCH INDICATES EXTENT OF NEW STREET PAVING. - CONSTRUCT PER P.W. STD. P-50 - REFER TO CIVIL DRAWINGS 46. CONNECT NEW SIDEWALK TO EXISTING (MATCH PATTERN) 47. PROVIDE 6" THICK COMPACTED AGGREGATE BASE FOR TEMPORARY FIRE DEPARTMENT ACCESS UNTIL PHASE 2 IS CONSTRUCTED. - PROVIDE 'T' TURNAROUND PER DETAIL ...... SHT A-101n / DET. B 48. INDICATES NEW 5'-6" WIDE SIDEWALK PER P.W. STANDARDS P-4, P-5 & P-56A @ BEDFORD AVENUE 49. EXISTING FIRE HYDRANT TO BE RELOCATED BEHIND CURB - PER P.W. STANDARDS ___________ - REFER TO CIVIL DRAWINGS 50. INDICATES EXISTING STREET LIGHT AND TRAFFIC SIGNAL TO REMAIN. 51. INDICATES EXISTING TRAFFIC SIGNAL TO REMAIN. 52. INDICATES DRAINAGE TUBES UNDER PUBLIC SIDEWALK PER P.W. STD P-22 & P-23 - REFER TO CIVIL DRAWINGS 53. INDICATES CALL BOX CONTROL FOR MOTORIZED GATE 54. INDICATES NEW PLAY AREA EQUIPMENT - REFER TO LANDSCAPE PLANS FOR DETAILED REQUIREMENTS 55. COLORED CONCRETE AND STRIPED BASKETBALL COURT - REFER TO LANDSCAPE DRAWINGS 56. INDICATES NEW 6' HIGH MOTORIZED ROLLING GATE (FULL WIDTH OF DRIVEWAY) 57. INDICATES NEW 6' HIGH MOTORIZED SWINGING GATE (FULL WIDTH OF DRIVEWAY) SCALE: 1" = 30' SITE PLAN 11 2 3 3 3 46 66 1212 9 38 24 1111 5 5 77 31 25 25 13 13 28 14 2727 16 16 16 16 17 17 18 18 18 18 19 20 2020 21 21 22 22 24 29 30 30 32 1515 5 15 35 3532 33 33 8 32 34 26 30 24 16 15 44 42 42 40 43 EXISTING CURB & GUTTER TO REMAIN AT ALLUVIAL FRONTAGE - PROVIDE NEW CONCRETE SIDEWALK & PARK STRIP PER P.W. STD. P-5 & P-50 4 50 43 43 43 43 43 43 48 47 45 49 42 51 33 3232 33 33 33 33 33 33 32 53 54 55 52 52 52 15 15 15 15 15 15 41 21 23 3736 56 577 46 30 56 33 19 4 NORTH TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. EXISTING CURB & GUTTER TO REMAIN - PROVIDE NEW SIDEWALK & PARK STRIP PER P.W. STD. P-5 & P-50 PROVIDE NEW CURB, GUTTER & SIDEWALK & PARK STRIP PER P.W. STD. P-5 & P-50 NOTE: REFER TO SHEET A-101n FOR ADDITIONAL NOTES, LEGENDS AND DETAILS TYP. TYP. TYP. TYP. VICINITY MAP: FRESNO, CA SCALE: N.T.S. NORTH HERNDON AVE. ALLUVIAL AVE.WILLOW AVE.CHESTNUT AVE.SITE LOCATION SEE LANDSCAPE PLANS FOR LANDSCAPE REQUIREMENTS PROPERTY CURRENTLY VACANT. ALL ON-SITE IMPROVEMENTS ARE CONSIDERED NEW AND PROPOSED U.N.O. REFER TO CIVIL PLANS FOR ALL EXISTING PROPERTY LINES, SITE DATA, GRADES, HORIZONTAL CONTROL AND BUILDING LOCATIONS, ETC. BUILDING FACADES WILL MEET CERTAINTY OPTION OF FACADE DEVELOPMENT STD'S., FRESNO DEVELOPMENT CODE, SECTION 15-1005 SITE ACCESSIBILITY NOTES: 1. EXTERIOR ACCESSIBLE PATHS OF TRAVEL SHALL BE CONTINUOUSLY ACCESSIBLE AND HAVE MAXIMUM 1/4" VERTICAL CHANGE IN ELEVATION WITHOUT EDGE TREATMENT - BE A MINIMUM OF 48" IN WIDTH - HAVE A MAX. OF 5% SLOPE IN DIRECTION OF TRAVEL - HAVE A MAX. OF 2% CROSS SLOPE (1/4"/FT.) - HAVE DETECTABLE WARNINGS WHERE THE PATH OF TRAVEL CROSSES/ADJOINS A VEHICULAR ROUTE - WHERE NECESSARY TO CHANGE ELEVATION AT A SLOPE EXCEEDING 5% (ie;1:20) SHALL HAVE ACCESSIBLE RAMP - CHANGES IN LEVEL BETWEEN 1/4 INCH (MIN.) AND 1/2 INCH (MAX.) SHALL BE BEVELED WITH A SLOPE NOT GREATER THAN 1:2 2. REFER TO SHEET G2 FOR ADDITIONAL REQUIREMENTS. 3. REFER TO SHEETS A-800, A-801, A-802, A-803, AND A-804 FOR TYPICAL DETAILS PERTAINING TO ACCESSIBLE ELEMENTS OF THE PROJECT. 4. ALL GROUND FLOOR UNITS SHALL BE ADAPTABLE NOTE: REFER TO SHEET A-101n FOR ADDITIONAL PLANNING AND DEVELOPMENT NOTES DEVELOPMENT DATA:______________________________ADDRESS/LOCATION: 7521 N. CHESTNUT AVE, FRESNO, CA.APN: 404-071-50JURISDICTION: CITY OF FRESNOTOTAL SITE AREA: 6.65 ACRES = 289,674 S.F. EXISTING ZONING: RS-5 / RESIDENTIAL MEDIUM DENSITY PROPOSED ZONING: RS-5 (and to RM-1 StandardsALLOWED DENSITY: = 16 UNITS MAX. PER ACRE PER FRESNO DEV. CODE. SECTION 15.2204 = 106.4 units maximum.PROPOSED DENSITY: = 105 UNITS (16 - 1Bed/1Bath units = 15.2%) (53 - 2Bed/1Bath units = 50.5%) (36 - 3Bed/2Bath units = 34.3%)ALLOWED USE: YESLOT COVERAGE - MAX: 50% LOT COVERAGE - ACTUAL: 33% (95,668 S.F.)Carports: 15,941 sf. Unit Buildings: 76,063 sf. Community Building: 3,664 sf. FAR - MAX: NAFAR - PROPOSED: NAPROPOSED USE: 2-STORY APARTMENT COMMUNITYMAX. HEIGHT ALLOWED: 40’- 0”PROPOSED HEIGHT: 35’-0”FIRE SPRINKLERS YES (NFPA 13 w/ ATTIC SPRINKLERS @ ALL BUILDINGS)SETBACKS - REQUIRED: PROPOSED: FRONT (east, Chestnut): 10’ min-20’max. 20’ - 22’’SIDE (south, Alluvial): 10’ min. 20’ - 22’ REAR (west): 20’ 15’ SIDE (north): 10’ 15’REQUIRED MIN. BLDG.FRONTAGE AS % = 50%FRONTAGE PROVIDED: CHESTNUT 620’ long w/ 315’ Bldg. = 50.8% ALLUVIAL 460’ long w/ 300’ Bldg.= 65.2%PRIVATE & COMMON OPEN SPACE P/ UNIT: REQUIRED: 20% of TOTAL SITE AREA = 57,935 SF. (50% of all units shall have min. 32 sf. of Priv. Open space. Minimum dimension of commonopen space is 20’PROVIDED: 97,086 sf. = 33.5%UNIT BREAKDOWN (TOTAL PROJECT ) 32 - A UNITS (2br/1ba) 36 - B UNITS (3br/2ba) 16 - C UNITS (1br/1ba) 16 - D UNITS (2br/1ba) 4 - E UNITS (2br/1ba) 1 - F UNITS (2br/1ba) 105 TOTAL UNITS : (16 - 1Bed/1Bath units = 15.2%) (53 - 2Bed/1Bath units = 50.5%) (36 - 3Bed/2Bath units = 34.3%) PHASE ONE 20 - 'A' UNITS (2br/1ba) 20 - 'B' UNITS (3br/2ba) 8 - 'C' UNITS (1br/1ba) 12 - 'D' UNITS (2br/1ba) 60 - TOTAL UNITS : ( 8 - 1Bed/1Bath units = 13.3%) (32 - 2Bed/1Bath units = 53.3%) (20 - 3Bed/2Bath units = 33.4%) BUILDING TYPE '1' (BUILDINGS #1 & #4) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 4 - 3,760 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'C' UNIT - 1 BD. / 1 BA. @ 806 S.F. x 4 - 3,224 S.F. TOTAL CONDITIONED BUILDING AREA: 12 UNITS 11,648 S.F. x 2 = 23,296 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,565 S.F. x 2 = 7,130 (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,107 S.F. - 2nd FLOOR - 1,458 S.F) TOTAL GROSS BUILDING AREA: 15,213 S.F. x 2 = 30,426 S.F. (1st FLOOR - 7,931 S.F. - 2nd FLOOR - 7,282 S.F) LOT COVERAGE: 7,931 S.F. x 2 = 15,862 S.F. BUILDING TYPE '2' (BUILDINGS #2, #3 & #5) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 4 - 3,760 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'D' UNIT - 2 BD. / 1 BA. @ 957 S.F. x 4 - 3,828 S.F. TOTAL CONDITIONED BUILDING AREA: 12 UNITS 12,252 S.F. x 3 = 36,756 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,599 S.F. x 3 = 10,797 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) (1st FLOOR - 2,177 S.F. - 2nd FLOOR - 1,422 S.F) TOTAL GROSS BUILDING AREA: 15,851 S.F. x 3 = 47,553 S.F. (1st FLOOR - 8,303 S.F. - 2nd FLOOR - 7,548 S.F) LOT COVERAGE: 8,303 S.F. x 3 = 24,909 S.F. COMMUNITY BUILDING TOTAL CONDITIONED AREA - 3,676 S.F. TOTAL UNCONDITIONED BUILDING AREA: 52 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS) TOTAL GROSS BUILDING AREA: 3,728 S.F. LOT COVERAGE: 3,728 S.F. TOTAL PHASE 1 AREAS TOTAL CONDITIONED BUILDING SPACE 63,780 S.F. TOTAL GROSS BUILDING AREA 81,707 S.F. TOTAL LOT COVERAGE 44,499 S.F. PHASE TWO 12 - 'A' UNITS (2br/1ba) 16 - 'B' UNITS (3br/2ba) 8 - 'C' UNITS (1br/1ba) 4 - 'D' UNITS (2br/1ba) 4 - 'E' UNITS (1br/1ba) 1 - 'F' UNITS (2br/1ba) 45 - TOTAL UNITS : (12 - 1Bed/1Bath units = 26.7%) (17 - 2Bed/1Bath units = 37.8%) (16 - 3Bed/2Bath units = 35.5%) BUILDING TYPE '3' (BUILDING #10) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 2 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'C' UNIT - 1 BD. / 1 BA. @ 806 S.F. x 4 - 3,224 S.F. TOTAL CONDITIONED BUILDING AREA: 10 UNITS 9,768 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,143 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS ) (1st FLOOR - 2,107 S.F. - 2nd FLOOR - 1,036 S.F) TOTAL GROSS BUILDING AREA: 12,911 S.F. (1st FLOOR - 7,931 S.F. - 2nd FLOOR - 4,980 S.F) LOT COVERAGE: 7,931 S.F. BUILDING TYPE '4' (BUILDING #9) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 2 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'C' UNIT - 1 BD. / 1 BA. @ 806 S.F. x 4 - 3,224 S.F. 'F' UNIT - 2 BD. / 1 BA. @ 974 S.F. x 1 - 974 S.F. TOTAL CONDITIONED BUILDING AREA: 11 UNITS 10,742 S.F. TOTAL UNCONDITIONED BUILDING AREA: 3,363 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS ) (1st FLOOR - 2,327 S.F. - 2nd FLOOR - 1,036 S.F) TOTAL GROSS BUILDING AREA: 14,105 S.F. (1st FLOOR - 9,125 S.F. - 2nd FLOOR - 4,980 S.F) LOT COVERAGE: 9,125 S.F. BUILDING TYPE '5' (BUILDINGS #7 & #8) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 2 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 2 - 2,332 S.F. TOTAL CONDITIONED BUILDING AREA: 4 UNITS 4,212 S.F. x 2 = 8,424 S.F. TOTAL UNCONDITIONED BUILDING AREA: 1,004 S.F. x 2 = 2,008 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS ) (1st FLOOR - 558 S.F. - 2nd FLOOR - 446 S.F) TOTAL GROSS BUILDING AREA: 5,216 S.F. x 2 = 10,432 S.F. (1st FLOOR - 2,664 S.F. - 2nd FLOOR - 2,552 S.F) LOT COVERAGE: 2,664 S.F. x 2 = 5,328 S.F. BUILDING TYPE '6' (BUILDING #6) UNIT TYPE BREAKDOWN: 'A' UNIT - 2 BD. / 1 BA. @ 940 S.F. x 4 - 1,880 S.F. 'B' UNIT - 3 BD. / 2 BA. @ 1,166 S.F. x 4 - 4,664 S.F. 'D' UNIT - 2 BD. / 1 BA. @ 957 S.F. x 4 - 3,828 S.F. 'E' UNIT - 2 BD. / 1 BA. @ 939 S.F. x 4 - 3,756 S.F. TOTAL CONDITIONED BUILDING AREA: 16 UNITS 13,676 S.F. TOTAL UNCONDITIONED BUILDING AREA: 4,488 S.F. (INCLUDES COVERED BALCONIES, PATIOS, BREEZEWAYS, STAIRS AND STORAGE CLOSETS ) (1st FLOOR - 2,342 S.F. - 2nd FLOOR - 2,146 S.F) TOTAL GROSS BUILDING AREA: 18,164 S.F. (1st FLOOR - 9,180 S.F. - 2nd FLOOR - 8,984 S.F) LOT COVERAGE: 9,180 S.F. TOTAL PHASE 2 AREAS TOTAL CONDITIONED BUILDING SPACE 42,610 S.F. TOTAL GROSS BUILDING AREA 55,612 S.F. TOTAL LOT COVERAGE 31,564 S.F. TOTAL PROJECT AREAS TOTAL CONDITIONED BUILDING SPACE 106,390 S.F. TOTAL GROSS BUILDING AREA 137,319 S.F. TOTAL LOT COVERAGE 76,063 S.F. PARKING REQUIREMENTS PARKING REQUIRED - AFFORDABLE: (PER FRESNO DEVELOPMENT CODE, TABLE 15-2409 - AFFORDABLE HOUSING) 1 BED UNITS: .75 ST/ PER UNIT + 1 ST/ P/4 UNITS = 16 STALLS 2 BED UNITS: .75 ST/PER UNIT + 1 ST/ P/4 UNITS = 54 STALLS 3 BED UNITS: 1.5 ST/PER UNIT +1 ST/P/4 UNITS = 63 STALLS TOTAL REQUIRED : = 133 STALLS TOTAL PARKING STALLS PROVIDED : PHASE 1: = 100 PHASE 2: = 65 TOTAL PROVIDED : = 165 THE NUMBER OF ACCESSIBLE STALLS IS DETERMINED AS FOLLOWS: 11B-208.2.3.1 PARKING FOR RESIDENTS (1) ACCESSIBLE STALL / MOBILITY UNIT = 16 STALLS REQ'D PHASE 1 = 9 PHASE 2 = 7 TOTAL PROVIDED = 16 11B-208.2.3.2 ADDITIONAL PARKING FOR RESIDENTS 165 TOTAL - 105 STALLS (1 STALL / UNIT) = 60 STALLS 2% x 60 STALLS = 2 STALLS REQ'D 11B-208.2.3.3 PARKING FOR GUESTS, EMPLOYEES & NON-RESIDENTS 60 UNASSIGNED STALLS = 2 STALL REQ 'D TOTAL ACCESSIBLE STALLS REQUIRED = 20 ACCESSIBLE STALLS REQ'D (4 VAN ACCESSIBLE STALLS REQUIRED ) BICYCLE PARKING: SHORT-TERM BICYCLE PARKING REQ'D. = 8.3 (165 PARKING STALLS x.05) (PER CAL. GREEN BUILDING CODE SECTION 5.106.4) SHORT-TERM BICYCLE PARKING PROV'D. = 10 (5) 2-BIKE RACKS PROVIDED (1) LONG TERM BICYCLE STORAGE REQUIRED (CAL GREEN BUILDING CODE SECTION 5.106.4.1.2) - WALL MOUNTED RACK IN STORAGE ROOM BUILDING TYPE ‘1’ FRONT ELEVATION BUILDING TYPE ‘1’ SIDE ELEVATION Building Type '1' Front Elevation Building Type '1' Side Elevation Avalon Commons 7521 N. Chestnut Ave, Fresno, CA. EXHIBIT “E” LHTF NOFA Local Housing Trust Fund Notice of Funding Availability New Construction Affordable Rental Housing Planning and Development Department Housing and Community Development Division February 28, 2023 PROPOSAL SUBMISSION DEADLINE: (Prior to 3:00 p.m., April 17, 2023) CONTACT: Shin Ae Choi PLANNING AND DEVELOPMENT DEPARTMENT Email: shinae.choi@fresno.gov Phone: (559) 621-8021 Local Housing Trust Fund NOFA Due April 17, 2023 - 2 - Development Opportunity The City of Fresno (City) is soliciting proposals from housing development organizations to construct new affordable rental housing restricted to households with average incomes of no more than 60% Area Median Income (AMI) with a minimum of 30% of units supporting households with an average income of no more than 30% AMI. The selected developer(s) will be required to perform all aspects of development (i.e.: property acquisition, entitlement, environmental clearance, financing, and construction). As an incentive, the City is proposing to provide funding through the City of Fresno’s Local Housing Trust Fund. Funding shall be used as gap financing for the development of affordable rental housing units within the project that carry a 55-year affordability covenant, in compliance with underwriting and loan requirements of Guidelines, Section 107 of the Health and Safety Code (HSC) Section 50842.1, 50842.2,50843.5 and Section 54006(f). Funding will be provided as a simple interest loan at a rate no higher than three percent per annum, for payment of predevelopment costs, acquisition, or construction. Upon selection of a proposed project(s), the City and developer will enter into a funding agreement for a proposed project. Applications received in response to prior Notices of Funding Availability will also be considered for funding by the City. ► Scope of Work The City of Fresno is requesting proposals from qualified and experienced developers for new construction of affordable rental housing developments restricted to households with average incomes of no more than 60% AMI with a minimum of 30% of units to support households with an average income of no more than 30% AMI. Eligible Activities Construction of new affordable housing • Non-Traditional Housing Units - May include Tiny Homes, Accessory Dwelling Units (ADU), Cottages or other structure that fit the requirements as defined in this bid request. • Traditional Multifamily – May include multiple separate housing units for residential inhabitants contained within one building or several buildings within one complex. All units must comply with California Building Standards Code, City of Fresno Building Codes, and the Housing Quality Standards of the United States Department of Housing and Urban Development (HUD), 24 CFR 982.401. The work to be performed by the selected developer(s) includes, but is not limited to, the following: • Acquire the affordable housing site and complete construction of the project • Obtain all necessary entitlements including a rezone, plan amendment, and final subdivision map (if applicable) • Obtain all the necessary utilities for the property (electricity, gas, sewer, water, cable, garbage, etc.) • Construct the required on- and off-site improvements Local Housing Trust Fund NOFA Due April 17, 2023 - 3 - • Commission environmental assessments and studies (CEQA and NEPA) and comply with mitigation measures • Work collaboratively with City Housing and Community Development Division staff on all aspects of the development including design, financing, construction, and monitoring • Obtain the necessary bonds and insurances • Work with community and/or neighborhood groups as part of the planning process • Secure senior financing to complete development of the project These units are to meet or exceed the following specifications (as defined in 24 CFR 982.401): • Each unit is to be at minimum 288 square feet o Each unit is to be designed for an individual or family • Each unit is to include a living room, kitchen area, and bathroom o Living room must have at least one window, two electrical outlets, and reasonable space for a bed for sleeping for an individual or family o Kitchen area must include an oven, and a stove or range, a refrigerator suitable for an individual or family, a kitchen sink, at least one electrical outlet, at least one permanent ceiling or wall light fixture, and space for storage/preparation/serving of food o Bathroom must be located in a separate private room and have a flush toilet, a fixed sink basin, a shower or tub, at least one openable window or exhaust ventilation, and at least one permanent ceiling or wall light fixture • Each unit must provide appropriate cooling and heating mechanisms to maintain a thermal environment healthy for the human body • Each unit must have exterior doors that are lockable • Each unit must include at least one battery-operated or hard-wired smoke detector • Each unit must be single-level (no loft sleeping areas accessible by stairs) Each bidder is responsible for reviewing and ensuring that their proposal meets the standards as referenced above. The minimum specifications as defined above is not meant to be an exhaustive list for bidders, but a baseline guide. There must be compliance with all codes as defined in this section for the bid to be considered responsive. It is expected that each bidder will provide at least rough plans of their proposed units. ► Construction Allocation • $4,750,000 million dollars from the City of Fresno’s Local Housing Trust Fund is available for this project. ► Selection Criteria Prioritized Factors Local Housing Trust Fund NOFA Due April 17, 2023 - 4 - In awarding projects, funding shall be prioritized for the following: • Community Need – Projects that include a documented community need such as publicly accessible plazas or parks, a healthy food grocery store or medial facilities (10 pts) • Adaptive Reuse – Projects that transform old building into new residences (9 pts) • Location – Projects that promote new affordable housing in areas of high-opportunity (8 pts) • Climate Change – Projects that are designed to reduce the impact of climate change (7 pts) • Universal Design – Projects that include accessibility into their design so that people of all ages and abilities can live their lives (6 pts) • BIPOC/Women Led – Projects that are led by or committed to hiring local Black, Indigenous, People of Color (BIPOC) and women-owned businesses (5 pts) • Nonprofit Led – Projects that are led by non-profit entities whose mission is related to affordable housing, community empowerment and/or neighborhood development (4 pts) • Construction Type: o Non-Traditional Housing – May include Tiny Homes, Accessory Dwelling Units (ADU), Cottages or other structure that fit the requirements as defined in this bid request (10 pts) o Traditional Multifamily – May include multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex (5 pts) Selection will be based on the following (one point for each): • Demonstrated ability to perform • Have site control, an executed Purchase and Sale Agreement, or be in written negotiations with the property owner • History of successful completion of at least five similar projects • Documentation of meeting projected deadlines within budget • Key personnel experience with the proposed project type • Submittal of a current signature authorization by minute order or Resolution to enter into a funding agreement with the City for a specified amount of funds • If providing funds to the project, submittal of a Resolution of Board commitment of funds to the project, by project name, no general Resolutions • Leverage City funds with other local, State, federal or private funding • Generate additional revitalization in the area, instill community pride, and transmit a positive change in the surrounding neighborhood • Local developer or have an office located in the City of Fresno • Infill development that utilizes the capacity of the City’s existing infrastructure • Create local construction jobs for the duration of the project • Be near amenities such as grocery stores, banking, schools Local Housing Trust Fund NOFA Due April 17, 2023 - 5 - • Within one mile of a Fresno Area Express bus stop • Aesthetically pleasing design and quality construction • Evidence of solid and viable financing structure • Provide accessibility of the units to low-income households • Ability to comply with City insurance requirements (non-negotiable) • Residential square foot/unit cost indicative of the housing type • Experience utilizing federal and State funding • Commission environmental reviews • Higher density development preferred for multifamily • Incorporation of the City’s “Green” building methods • Compliance with the City’s Universal Design Ordinance (2008-53) • Condition of existing properties (if any) • Market study completed by a third party showing the need for the project • Demonstrated alignment with the City’s One Fresno Housing Strategy • Projects that include two- or three-bedroom units at an affordability level of 30-60% AMI will receive preference ► Consistency with Housing Objectives Projects assisted with City funds must demonstrate consistency with one or more of the City’s housing goals, priorities and objectives as follows: Housing Rehabilitation and Acquisition Improve the affordable housing stock for lower income households. New Construction of Affordable Housing Increase affordable housing opportunities, especially those with five or more household members or members with special needs. Redevelopment and Relocation Provide increased affordable housing opportunities and assistance for those displaced through either code enforcement or redevelopment. Permanent Housing for Homeless Persons Provide housing for homeless individuals and those in danger of becoming homeless. ► Submission Instructions and Requirements Submit one cover letter, one application, and supporting documents per project on a USB flash drive to the address and room below by, or before 3:00 p.m. on April 17, 2023. City of Fresno Housing and Community Development Division Attention: Shin Ae Choi, Real Estate Finance Specialist I 2600 Fresno Street, Room 3065 Fresno, CA 93721 The City of Fresno reserves the right to reject any and all proposals. ► Technical Assistance and Questions There will be no on-site technical assistance workshops for this NOFA. Developers may submit questions via email Monday through Thursday between the hours of 8:00 a.m. - 5:00 p.m. to: Local Housing Trust Fund NOFA Due April 17, 2023 - 6 - shinae.choi@fresno.gov. A response will be provided via email by the end of the following day. Developers applying for the first time may contact Corrina Nunez, Project Manager, at (559) 621- 8021 or by email at: shinae.choi@fresno.gov for one-on-one assistance. Proposers shall not contact any City official/representative during the NOFA process other than that specified as proposal contact listed above. ► Review, Recommendation, Approval Review – A Project Manager will perform an initial technical review and analysis of the applications for eligibility, feasibility, and completeness. The department Project Manager may interview development teams, contact references, investigate previous projects, and current commitments, and conduct any other type of inquiry and investigation necessary to determine the qualifications to deliver the proposed project. Incomplete or ineligible applications will be eliminated from further funding consideration. Developers may be requested to submit additional or clarifying information. Recommendation – Housing and Community Development Division staff familiar with the development process will rank the proposed projects for review by the Planning Director, in consultation with the City’s administration, for a determination of which project(s) will be recommended to City Council for approval. Approval – City Council has final approval of funding to a proposed project(s). ► Terms and Conditions The City reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of the proposal and selection process. If such an action occurs, the City will notify all interested parties. Prior to entering into a funding agreement with the City, it is expected that the prospective development team will complete their own due diligence of their selected site(s). All applications received by the City for funding consideration will not be returned to the applicant. The cost of preparing applications shall be borne by the respondent. Completion of this proposal/application process in no way guarantees or commits City funding to a proposed project. The Housing and Community Development Division reserves the right to: • Request clarification of the information submitted • Request additional information from any applicant responding to this NOFA • Award funds to the next most feasible project, if the successful applicant does not execute an agreement within the applicable timeframe after notification of initial funding recommendation • Reject any application that does not address the items listed in the NOFA • Negotiate with selected applicants • Reject all applications submitted at its sole and absolute discretion • Accept application(s) that it considers to be in the interest of the City, with or without negotiation • Waive any informality or minor irregularity when in the best interest of City to do so • Have no obligation to enter into an agreement with any party responding to this NOFA Local Housing Trust Fund NOFA Due April 17, 2023 - 7 - ► City Insurance and Indemnity Requirements (non-negotiable) Insurance Requirements. (a) Throughout the life of this Agreement, DEVELOPER shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, DEVELOPER or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve DEVELOPER of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by DEVELOPER shall not be deemed to release or diminish the liability of DEVELOPER, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by DEVELOPER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of DEVELOPER, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following: $2,000,000 per occurrence for bodily injury and property damage $2,000,000 per occurrence for personal and advertising injury Local Housing Trust Fund NOFA Due April 17, 2023 - 8 - $4,000,000 aggregate for products and completed operations $4,000,000 general aggregate applying separately to work performed under the Agreement (ii) COMMERCIAL AUTOMOBILE LIABILITY 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. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code. (iv) EMPLOYEE LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 diseased each employee. (v) BUILDERS RISK (Course of Construction) insurance, obtained by the DEVELOPER or subcontractor in an amount equal to the completion value of the Project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.) (vi) CONTRACTOR POLLUTION with coverage for bodily injury, property damage or pollution clean-up costs that could result from of pollution condition, both sudden and gradual. Including a discharge of pollutants brought to the work site, a release of pre-existing pollutants at the site, or other pollution conditions with limits of liability of not less than the following: $1,000,000 per occurrence $2,000,000 general aggregate per annual policy period In the event the work involves any lead-based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by the DEVELOPER pursuant to the SLFRF Agreement. In the event the work involves any lead-based environmental hazard (e.g., lead- based paint), the DEVELOPER’s Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event the DEVELOPER involves any asbestos environmental hazard (e.g., asbestos remediation), the DEVELOPER’s Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event the SLFRF Agreement involves any mold environmental hazard (e.g., mold remediation), the Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy. UMBRELLA OR EXCESS INSURANCE In the event DEVELOPER purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. Local Housing Trust Fund NOFA Due April 17, 2023 - 9 - DEDUCTIBLES AND SELF-INSURED RETENTIONS CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) 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 thirty (30) calendar day written notice has been given to the CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, the DEVELOPER shall furnish the CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the CITY, the DEVELOPER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The General Liability, Pollution and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The General Liability, Automobile Liability and Pollution Liability insurance policies shall name the CITY, its officers, officials, agents, employees, and volunteers as an additional insured for ongoing and completed operations. All such policies of insurance shall be endorsed so the DEVELOPER’s insurance shall be primary and no contribution shall be required of the CITY. (iv) The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents, and volunteers. (v) If the DEVELOPER maintains higher limits of liability than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits of liability maintained by the DEVELOPER. (vi) The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the CITY as loss payee. (vii) All insurance policies required including the Workers’ Compensation insurance policy shall contain a waiver of subrogation as to the City, its officers, officials, agents, employees, and volunteers. The DEVELOPER shall furnish the CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’s Risk Manager or his/her designee before work commences. Upon request of the CITY, the DEVELOPER shall immediately furnish the CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. In the event of a partial or total destruction by the perils insured against of any or all of the work Local Housing Trust Fund NOFA Due April 17, 2023 - 10 - and/or materials herein provided for at any time prior to the final completion of the Agreement and the final acceptance by the CITY of the work or materials to be performed or supplied thereunder, the DEVELOPER shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the DEVELOPER or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of this Agreement. SUBCONTRACTORS If DEVELOPER subcontracts any or all of the services to be performed under this Agreement, DEVELOPER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the CITY to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONTRACTOR will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. INDEMNIFICATION To the furthest extent allowed by law, DEVELOPER shall indemnify, hold harmless and defend the 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 the CITY, the DEVELOPER or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. The DEVELOPER’s obligations under the preceding sentence shall apply regardless of whether the CITY or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused by the active negligence or by the willful misconduct of the CITY or any of its officers, officials, employees, agents, or volunteers. If DEVELOPER should subcontract all or any portion of the work to be performed under this Contract, DEVELOPER shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. PROPERTY INSURANCE The DEVELOPER shall maintain in full force and effect, throughout the remaining life of this Agreement, a policy or policies of property insurance acceptable to the CITY, covering the Project premises, with limits reflective of the value of the Project premises upon issuance of the Certificate of Completion or substantial completion of the project referenced in this agreement, including fire and Extended Comprehensive Exposure (ECE) coverage in an amount, form, substance, and quality as acceptable to the CITY’s Risk Manager. The CITY Local Housing Trust Fund NOFA Due April 17, 2023 - 11 - shall be added by endorsement as a loss payee thereon. BOND OBLIGATIONS The developer or its General Contractor shall obtain, pay for, and deliver good and sufficient payment and performance bonds along with a Primary Obligee, Co-Obligee or Multiple Obligee Rider in a form acceptable to the City from a corporate surety, admitted by the California Insurance Commissioner to do business in the State of California and Treasury-listed, in a form satisfactory to the City and naming the City as Obligee. (i) The “Faithful Performance Bond” shall be at least equal to one hundred (100) percent of the developer’s estimated construction costs as reflected in the developer’s pro forma budget, to the guarantee faithful performance of the Project, within the time prescribed, in a manner satisfactory to the City, consistent with this agreement, and that all material and workmanship will be free from original or developed defects. (ii) The “Payment Bond” shall be at least equal to one hundred (100) percent of construction costs approved by the City to satisfy claims of material supplies and of mechanics and laborers employed for this Project. The bond shall be maintained by the developer in full force and effect until the Project is completed and until all claims for materials and labor are paid and as required by the applicable provisions of Chapter 7, Title 15, Part 4, Division 3 of the California Civil Code. (iii) The “Material and Labor Bond” shall be at least equal to one hundred (100) percent of the developer’s estimated construction costs as reflected in the developer’s pro forma budget, to satisfy claims of material supplies and of mechanics and laborers employed for this Project. The bond shall be maintained by the developer in full force and effect until the Project is completed, and until all claims for materials and labor are paid, released, or time barred, and shall otherwise comply with any applicable provision of the California Code. (iv) In lieu of the bonds required above, the City, in its sole discretion, may accept from the developer an Irrevocable Standby Letter of Credit issued with the City named as the sole beneficiary in the amounts(s) of the bonds required above. The Standby Letter of Credit is to be issued by a bank, and in the form, acceptable to the City. This Irrevocable Standby Letter of Credit shall be maintained by the developer in full force and effect until the City is provided with a recorded Notice of Completion for the construction of the Project and shall be subject to and governed by the laws of the State of California. The City encourages minority- and women-owned firms to submit applications consistent with the City's policy to ensure that minority- and women-owned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts for services. Local Housing Trust Fund NOFA Due April 17, 2023 - 12 - No person shall on the ground of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subject to discrimination under any financial assistance program or activity funded in whole or in part with federal or State program funds made available through the City of Fresno. Local Housing Trust Fund NOFA Due April 17, 2023 - 13 - Affordable Housing Development Application Check-off List Separate sections with a tab and number accordingly x Section Section Heading Attachment/Documents 1 Project Summary • First three pages 2 Project Description • Narrative (one page) • Pictures • Attachments 3 Meeting Program Priorities • Narrative 4 Site and Project Readiness • Narrative (one page) • Zoning & Local Approval • Site Control Documentation • Phase I, Phase II, etc. 5 Project Schedule • Scope of Work (one page) 6 Tenant Relocation Plan • Narrative (if applicable) (one page) 7 Experience: Applicant/Development Team • Narrative • Resumes • Form: Completed projects/projects under development/properties owned (one page) 8 Consistency with Federal/ Local Funding Requirements • Program Consistency/ Plan Consistency 9 Underwriting templates or comparable worksheets • Template all pages (include: budget, sources and uses, cash flow statement, rents, income, etc.) Local Housing Trust Fund NOFA Due April 17, 2023 - 14 - SECTION 1 - PROJECT SUMMARY Organization Name: Address: Federal Tax I.D. Number: Organization Type (check all that apply): Local Government Housing Authority Non-Profit Community Based Organization Regional Non-Profit Housing Assistance Organization Statewide Non-Profit Housing Assistance Organization Qualified Tenant Organization Private Development Corporation/Individual Community Housing Development Organization (CHDO) Community Based Development Organization Community Development Corporation Executive Director Name: Phone: E-mail: Project Contact Name: Contact Organization: Address: Phone: E-mail: Local Housing Trust Fund NOFA Due April 17, 2023 - 15 - PROJECT SUMMARY CONTINUE Project Name: Project Address or Location: Assessor’s Parcel Number(s): City Council District: For Housing Stock Only (check one): Existing Privately Owned Existing Publicly Owned Other (please specify):___________________________________________ Project Activities (check all that apply): Acquisition Independent Seniors Rehabilitation (Single Family) Housing for the Homeless Rehabilitation (Multi-Family) Homeownership New Construction (Single Family) Housing for Farmworkers New Construction (Multi-Family) Other:____________________________ HUD/USDA Preservation Target Populations Length of Commitment to Target Population: 55 years for rental housing Number of Units/Beds per Special Needs Populations: Check if Not Applicable Units Beds Population Mentally Ill Developmentally Disabled Domestic Violence Frail Elderly Homeless At Risk of Homelessness HIV/AIDS Alcohol/Substance Abuse Youth Under Age 21 Other:______________________________________________ Local Housing Trust Fund NOFA Due April 17, 2023 - 16 - PROJECT SUMMARY CONTINUE Proposed Number of Units Per Bedroom Count and Income. Place an asterisk next to the City- funded units. Include the square foot of the units. % Median Income Studio/ sq. ft. 1-bed /sq. ft. 2-bed /sq. ft. 3-bed /sq. ft. 4-bed /sq. ft. 5-bed /sq. ft. Totals Totals Construction and Perm Funding Sources and Total Development Cost RESIDENTIAL NEW CONSTRUCTION Source (Insert Name) Proposed Funding Amount Committed/Conditional Funding Amount Total Funding Amount LHTF Total RESIDENTIAL PERMANENT Source Proposed Funding Amount Committed/Conditional Funding Amount Total Funding Total TOTAL DEVELOPMENT COST Proposed Funding Amount Committed/Conditional Funding Amount Total Funding TOTAL Original Signature of Authorized Official (attached Board/company Resolution) Electronic signature is acceptable. Signature: Title: Name: Date: Local Housing Trust Fund NOFA Due April 17, 2023 - 17 - SECTION 2 - PROJECT DESCRIPTION Limit narrative to one page Provide a complete description of the project activity and the population to be served. Include the following: • Describe the property to be acquired, constructed and/or substantially rehabilitated. Include the acreage, square footage, physical description of the proposed project that includes the bedroom/bathroom size, number of stories, type of construction, layout of the buildings on the site, and any other unique features of the proposed project. If there is a community room within the project, provide the square footage. If parking is being provided, include the square footage. • If the project is substantial rehabilitation, include the number and type of the existing buildings, provide the original construction date, and provide any engineering assessments completed for the structures. Explain why the substantial rehabilitation is preferred over new construction. If the project is substantial rehabilitation, include a capital needs assessment, if available. • If the developer already owns the project site(s), provide the date of acquisition, purchase price, appraisal, and deed. • Provide a detailed description of any on- and off-site improvements, including map, pictures, aerial photos, etc. • Describe any environmental mitigation or abatement issues for the project/site. • Provide a description of the type of household to be served, including information such as the number of tenants, the size and description of the households, and known special characteristics of tenants (i.e., age, disabilities, special needs, seniors, etc.). Also include a description of the living arrangement (i.e., individual apartments, shared housing with onsite management, etc.). • If a property management company has been selected, provide a copy of the signed agreement. • Explain how the selected design features is compatible with the housing needs of the target population. • Describe the project location and the surrounding neighborhood. Include a discussion of the transportation options, amenities, nearby health and medical services, schools, etc. Local Housing Trust Fund NOFA Due April 17, 2023 - 18 - SECTION 3 - MEETING PROGRAM PRIORITIES Limit narrative to one page • Describe how the project is consistent with the City’s priorities as outlined in the following documents: 2015-2023 Housing Element at https://www.fresno.gov/darm/wp- content/uploads/sites/10/2018/01/FresnoHEAdoptedApril2017smallfile.pdf 2020-2024 Consolidated Plan at https://www.fresno.gov/darm/wp- content/uploads/sites/10/2020/08/2020-2024-Consolidated-Plan.pdf 2022-2023 Annual Action Plan at https://www.fresno.gov/darm/housing-community- development/#tab-04 2021-2022 HOME-ARP Allocation Plan at https://www.fresno.gov/darm/housing-community- development/ 2020-2024 Permanent Local Housing Allocation (PLHA) 5-Year Plan at https://www.fresno.gov/darm/housing-community-development/#tab-04 One Fresno Housing Strategy at https://www.fresno.gov/mayor/ 2035 General Plan at https://www.fresno.gov/darm/general-plan-development-code/#tab-01 Homeless Continuum of Care Plan (if applicable) Housing plans or programs for group of individuals with special needs (if applicable) Local Housing Trust Fund NOFA Due April 17, 2023 - 19 - SECTION 4 - SITE AND PROJECT READINESS Limit narrative to one page Discuss any issues with site control, zoning, special permits, environmental hazards and how they can be resolved in a timely manner. Include the following: • Status of site control. If in discussions with a property owner, provide a written agreement or a similar written commitment. If in negotiations with the owner for the property, provide a proposed Purchase and Sale Agreement or written correspondence between the owner and developer. • Status of the architectural plans and design elements. • Description of all proposed and firm financing sources and a plan for obtaining additional financing including a timeline. Provide any letters of commitment. • Proposed project consistency with existing zoning and permit process. If not, describe the steps necessary to alleviate the inconsistency. • Describe how any required mitigation of existing conditions noted in the environmental assessment, Phase I, Phase II, and any special study prepared for the site will be addressed. • Substantial rehabilitation projects shall include a discussion for abatement of asbestos, lead- based paint, and/or mold as noted in the environmental documents and studies. • If substantial rehabilitation, describe how ADA features will be in introduced. • Include any final environmental documents completed. Local Housing Trust Fund NOFA Due April 17, 2023 - 20 - SECTION 5 - PROJECT SCHEDULE Provide a detailed timeline for completion of major milestones related to the project. Identify all key aspects as well as the dates when all funding sources will be secured. Assume that the available funding will be available, if awarded, by May 2023. The project schedule should indicate that all proposed and conditional funds will be committed within six months of the award of City funding and that the project must commence construction within one year of the City funding agreement execution and must be completed within four years of the agreement execution. List each task in chronological order, the projected completion date, and the responsible party to complete the task. At a minimum, show the projected dates for commitment of all funding sources, any land use approvals, and date of property acquisition and construction commencement. Schedule of Milestones Task Projected Completion Date Responsible Party Submit Application April 17, 2023 Applicant Describe any aspects of the project that may lead to delays and how the schedule will be adapted to respond. Local Housing Trust Fund NOFA Due April 17, 2023 - 21 - SECTION 6 - TENANT RELOCATION PLAN Limit narrative to one page If relocation is required (STOP) read carefully. If not, skip to Section 7. Relocation benefits are triggered under the Uniform Relocation Act (“URA”) when a resident is displaced permanently or temporarily. If a proposed development is partially or fully occupied, a relocation plan must be submitted concurrently with this application and the applicant is required to contact the Project Manager for instruction on tenant notification. A relocation plan should describe the process to be used for permanent or temporary relocation and how these activities will be funded. • List availability of comparable replacement units • Include a budget for relocation with estimates • Describe how the relocation plan is consistent with the relocation requirements of the funding sources anticipated for the project • Include sample letters to the tenants • Include consultant information if applicable SECTION 7 - EXPERIENCE Limit narrative to one page Demonstrate in narrative form how the skills and experience of the development team are appropriate to the size and complexity of the proposed project. • Describe the applicant’s experience and capacity to develop the housing type proposed. • Describe the applicant’s experience with the utilization of HOME/CHDO/CDBG/HOME- ARP/PLHA funds or other public funds. • List key development team members, including consultants such as legal counsel, architects, engineers, planners, General Contractor, property manager, etc. and their qualifications. Attach current resumes and agreements. • Identify the roles of key individuals in the development team (Development Director, Project Manager(s), Project Coordinator(s), etc.). Attach current resumes. • Provide a fully executed Minute Order or Resolution identifying the person(s) with the authority to represent and make legal binding commitments on behalf of the organization. The Resolution must be project specific and include the amount and type of funding requested. • If the applicant is also providing funds to the project, provide a fully executed Minute Order or Resolution outlining the funding commitment to the project. • Identify any legal action, bankruptcies, or lawsuits currently involving the organization. Local Housing Trust Fund NOFA Due April 17, 2023 - 22 - EXPERIENCE (CONTINUED) Complete one form with the organization’s information and a second form with the developer’s information (if separate entities). Must show at least five prior completed projects. COMPLETED PROJECTS Name Location # of Units Year Completed Total Project Cost Sources of Financing PROJECTS UNDER DEVELOPMENT: Include all projects currently under construction or projects for which you plan to seek funding in the next 6 months or have received at least one funding commitment. Name Location # of Units Funding Status Begin Construction Complete Construction Key Staff OTHER COMMERCIAL AND/OR RENTAL PROPERTIES OWNED Include all commercial and rental properties owned by the applicant and all primary principals, owners, board members and/or development consultants of the organization (attach additional pages if necessary). Name Location # of Units Management Agency/Name Local Housing Trust Fund NOFA Due April 17, 2023 - 23 - SECTION 8 - CONSISTENCY WITH FEDERAL/STATE/LOCAL FUNDING REQUIREMENTS Limit narrative to one page Developments funded in part with HOME/CHDO/CDBG/HOME-ARP/PLHA funds are subject, but not limited, to applicable federal and state laws. LHTF Funds may be subject, but not limited to applicable federal and state laws, including the State of California Department of Housing and Community Development Local Housing Trust Fund guidelines issued April 2020. The Guidelines implement, interpret, and make specific Health and Safety (HSC) Sections 50842.1, 50842.2, and Section 54006(f), which govern the Local Housing Trust Fund Program (LHTF or LHTF Program). Any, or all, of the following may be part of the funding agreement between the City and the developer’s organization. Equal Opportunity and Fair Housing at 24 CFR § 92.350 Affirmative Marketing at 24 CFR § 92.351 Tenant Selection and Participation at 24 CFR § 92.303 Environmental Review at 24 CFR § 92.352 Layering Review at Section 212(f) of the Cranston-Gonzalez National Affordable Housing Act, 24 CFR § 91,92.250(b), and CPD Notice 98-01 Davis Bacon and Related Acts at 24 CFR § 92.354 (12 or more HOME-funded units) Lead-Based Paint at 24 CFR § 92.355 City of Fresno Universal Design Ordinance (No. 2008-53) Debarment and Suspension at 24 CFR § 92.350 and E.O. 12549 and 12689 Section 504 of the Rehabilitation Act of 1973 at 29 USC § 794 Minority Business Enterprise/Women’s Business Enterprise at 24 CFR § 92.351(b) Equal Opportunity and Housing, E.O. 11063 Civil Rights Act of 1968, Title VIII § 19.01.203 Drug-Free Workplace Act of 1988 (42 USC § 701), in accordance with the Act and with HUD regulations at 24 CFR Part 24, subpart F Byrd Anti-Lobbying Amendment at 31 USC § 1352 National Environmental Policy Act of 1969, 42 USC § 4321, et seq. Copeland “Anti-Kickback” Act at 18 USC § 874, as supplemented by Department of Labor regulations at 29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States” Equal Employment Opportunity, as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity”, as supplemented by regulations at 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor Contract Work Hours and Safety Standards Act at 40 USC § 327-333, as supplemented by Department of Labor Regulations at 29 CFR Part 5, in regards to the construction and management of the proposed project Property Standards at 24 CFR § 92.251 Project Requirements at 24 CFR Part 92, Subpart F, as applicable and in accordance with the type of project assisted Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs and applicable regulations at 42 USC 61 Sec. 4601, 49 CFR 24, 42 USC 69 Sec. 5304, 24 CFR 570.606 (a-g), 24 CFR 92.353 Violence Against Women Act (VAWA), 24 CFR 92.359 and 24 CFR 92.504(c)(3)(v)(F), including but not limited to notice requirements, obligations under emergency transfer plan, Local Housing Trust Fund NOFA Due April 17, 2023 - 24 - bifurcation of lease requirements, imposition of requirements for the duration of the period of affordability, and inclusion of VAWA lease addendum requirements. Broadband infrastructure requirements for new housing and rehabilitation projects as set forth in 24 CRF 92.251. SECTION 9 – UNDERWRITING TEMPLATES Include underwriting templates that provide project financial information (i.e., Construction budget, permanent phase budget, 55-year cash flow statement, gap financing analysis, property management itemized costs, rents, utility allowance, income level, itemized development budget, etc.). Multi-Family Underwriting template can be found at the HUD Exchange at: https://www.hudexchange.info/resource/2468/home-multifamily-underwriting-template/ Sufficient financial information to complete thorough underwriting. If, this is a Low-Income Housing Tax Credit project, provide a copy of the application on a USB flash drive. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-679 Agenda Date:5/11/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:PHIL SKEI, Assistant Director Planning and Development Department BY:CORRINA NUNEZ, Project Manager Housing and Community Development Division SUBJECT Approve a $1.5 million Permanent Local Housing Allocation Agreement with Broadway Plaza Family Apartments, LP for its Hotel Fresno Apartments currently underway and located at 1241-1263 Broadway Plaza in downtown Fresno RECOMMENDATION Staff recommends the City Council approve a $1.5 million Permanent Local Housing Allocation Agreement with Broadway Plaza Family Apartments, LP for its Hotel Fresno Apartments currently underway and located at 1241-1263 Broadway Plaza in downtown Fresno. EXECUTIVE SUMMARY On December 15, 2022, the Council approved Resolution No. 2022-306 to support and fund the project with $1.5 million in PLHA funds. As provided for in the Resolution, the Housing and Community Development Division staff is presenting for Council approval the attached Exhibit “A” - PLHA Agreement for the $1.5 million in funding to Developer to complete the project. BACKGROUND APEC International, LLC is the developer of the Hotel Fresno project which consists of the adaptive/reuse/conversion of the former Hotel Fresno building. Construction of the project began in July 2019 and is currently about 90% complete. Developer has made its best effort to mitigate some of the unforeseen cost increases through securing additional tax credits. However, a shortfall of $1.5 million currently exists. Despite the delays and cost overruns, the developer has avoided cessation of construction and has made significant progress toward completion of the project. The Hotel Fresno project cost is approximately $32,496,122 comprised of $16,900,000 in Tax Exempt Bonds, $3,037,676 in State Affordable Housing Sustainable Community Grant funds, $1.9 City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 MA/TM 6-0 LC ABSENT File #:ID 23-679 Agenda Date:5/11/2023 Agenda #: 1.-K. Exempt Bonds,$3,037,676 in State Affordable Housing Sustainable Community Grant funds,$1.9 million in Fresno Housing Successor Agency funds,$6,287,100 in tax credit equity,$1,204,134 in developer equity, and $1,667,212 in other deferred development costs. This adaptive reuse project consists of the rehabilitation of the former Hotel Fresno into an affordable housing structure that will currently consist of 43 one-bedroom units of 511 square feet,26 two- bedroom units of 811 square feet (includes a 2 BR manger unit),and 12 three-bedroom units of 1,129 square feet.Eleven of the total units will be PLHA assisted.In addition,the Hotel Fresno affordable housing project will be rehabilitated to meet the Secretary of Interior Standards and will include on-site amenities consistent with the intended tenant population,parking at the adjacent property,laundry room,and community center.Qualifying tenants’income will range from 30%to 80% of area median income. Once completed,the Hotel Fresno housing project will assist the City of Fresno with meeting its affordable housing goals and objectives as outlined in the Housing Element of the 2035 General Plan and 2020-2024 Consolidated Plan and One Fresno Housing Strategy. ENVIRONMENTAL FINDINGS The Project was previously determined to be Categorically Exempt as set forth in CEQA Guidelines Section 15331 which exempts the maintenance,repair stabilization,rehabilitation restoration, preservation,conservation,or reconstruction of historically resources.Furthermore,none of the exceptions to the Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this Project. FISCAL IMPACT The PLHA Program funds for the proposed Hotel Fresno Housing project were appropriated to the Planning and Development Department as part of its fiscal year 2023 Budget. Attachment: Exhibit A - PLHA Agreement City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ Recorded at the Request of and When Recorded Return to: City of Fresno City Clerk’s Office 2600 Fresno Street, Room 2133 Fresno, CA 93721-3603 (SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY) This PLHA Agreement is recorded at the request and for the benefit of the City of Fresno and is exempt from the payment of a recording fee pursuant to Government Code Section 6103 CITY OF FRESNO By: Georgeanne A. White City Manager Date: CITY OF FRESNO PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AGREEMENT by and between CITY OF FRESNO, a municipal corporation and Broadway Plaza Family Apartments, LP regarding Hotel Fresno Apartments 1241-1263 Broadway Plaza, Fresno, CA 93721 APN: 466-214-31; 466-214-32 TABLE OF CONTENTS Page RECITALS ............................................................................................................................ 1 ARTICLE 1. DEFINITIONS .................................................................................................. 2 ARTICLE 2. TERMS OF THE LOAN ................................................................................... 5 ARTICLE 3. REPRESENTATION AND WARRANTIES OF DEVELOPER. ......................... 6 ARTICLE 4. WARRANTIES AND COVENANTS BY DEVELOPER. ................................... 7 ARTICLE 5. PROPERTY MAINTENANCE ........................................................................ 12 ARTICLE 6. DISBURSEMENT OF PLHA FUNDS ............................................................. 15 ARTICLE 7. REHABILITATION/CONSTRUCTION OF THE PROJECT ............................ 17 ARTICLE 8. OPERATIONS OF THE PROJECT ............................................................... 22 ARTICLE 9. INSURANCE AND INDEMNITY AND BONDS .............................................. 24 ARTICLE 10. DEFAULT AND REMEDIES. ....................................................................... 30 ARTICLE 11. GENERAL PROVISIONS. ........................................................................... 31 1 PLHA 10/31/22 PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AGREEMENT This Permanent Local Housing Allocation Program Agreement (Agreement) is entered into on April _____, 2023, by and between the City of Fresno, a municipal corporation, acting through its Planning and Development Department - Housing and Community Development Division (CITY), and Broadway Plaza Family Apartments, LP (DEVELOPER). RECITALS A. WHEREAS, the CITY has received a Permanent Local Housing Allocation (PLHA) Program grant from the State of California, under Chapter 364, Statutes of 2017 (SB 2, Atkins, as authorized by Health and Safety Code (HSC) Section 50470, established the Buildings and Homes and Jobs Trust Fund (Fund) and the Permanent Local Housing Allocation (PLHA) Program (PLHA Program) which was designed to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase the affordable housing stock. B. WHEREAS, to advance the supply of Affordable rental housing within the City of Fresno, the CITY desires, among other things, to provide PLHA investment in the affordable rental housing market. C. WHEREAS, DEVELOPER desires to act as the owner/developer/sponsor exercising effective project control, as to the Hotel Fresno Apartments Affordable Housing Project as defined by the PLHA Program and related on-site and off-site improvements as more particularly described in EXHIBIT “B” – Project Description and Schedule, incorporated herein. D. WHEREAS, the Project will be constructed upon PLHA Program eligible Property (Property) owned by DEVELOPER. E. WHEREAS, to further its goal to increase the supply of Affordable Housing within the City of Fresno, the CITY desires to assist the DEVELOPER by providing a One Million Five Hundred Thousand Dollars ($1,500,000) residual receipts PLHA Program Loan to the Project (Loan), at 3% interest, due and payable in full at 55-year maturity date, for eligible PLHA Project Property rehabilitation/construction costs, upon the terms and conditions in this Agreement, as further identified in EXHIBIT “C” – Budget, to be secured by the underlying Property and the Affordable Housing covenants attached as EXHIBIT “D” – Exemplar Declaration of Restriction, and Note, Exemplar Note attached as EXHIBIT “E” – Promissory Note loan, upon the terms and conditions in this Agreement. F. WHEREAS, the Project was previously determined to be Categorically Exempt as set for in the CEQA Guidelines Section 15331 which exempts the maintenance, repair stabilization, rehabilitation restoration, preservation, conservation or reconstruction of historical resources. G. WHEREAS, the CITY has determined that this Agreement is in the best interest of, and will materially contribute to, the Housing Element of the 2035 General Plan. Further, the CITY has found that the Project: (i) will have a positive influence in the neighborhood and surrounding environs, (ii) is in the vital and best interest of the CITY, and the health, safety, and welfare of CITY residents, (iii) complies with applicable State of California and local laws and requirements, (iv) will increase, improve, and preserve the community’s supply of Acutely Low- to Low-Income Housing available at an affordable cost, as defined hereunder, (v) planning and administrative expenses incurred in pursuit hereof are necessary for the 2 PLHA 10/31/22 production, improvement, or preservation of Acutely Low- to Low-Income Housing, and (vi) will comply with any and all owner participation rules and criteria applicable thereto. H. WHEREAS, the CITY and DEVELOPER have determined that the Project’s PLHA-Assisted Units constitute routine programmatic/grantee lender activities utilizing available and allocated program/grantee funding, outside the reach of the California Constitution Article XXXIV and enabling legislation. I. WHEREAS, the parties acknowledge and agree that the obligations and liabilities of the DEVELOPER hereunder shall be joint and several unless and except to any extent expressly provided otherwise. J. WHEREAS, on July 7, 2022, the DEVELOPER’s Board reviewed and approved the development of the Project. NOW, THEREFORE, IN CONSIDERATION of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree as follows: ARTICLE 1. DEFINITIONS The following terms have the meaning and content set forth in this Article wherever used in this Agreement, attached exhibits or attachments that are incorporated into this Agreement by reference. 1.1 Acquisition means vesting of the Property in fee title to the DEVELOPER. 1.2 Acutely Low mean households whose annual income does not exceed HSC Section 50079.5, which is a maximum of 15% of the area median income for Fresno, California as outlined on the State of California website. 1.3 ADA means the Americans with Disabilities Act of 1990, as most recently amended. 1.4 Affirmative Marketing means a good faith effort to attract eligible persons of all racial, ethnic and gender groups, in the housing market area, to rent the proposed Housing Units proposed for rehabilitation on the eligible Property, as hereinafter defined. 1.5 Affordability Period means the minimum period of 55-years commencing from the DEVELOPER records a Notice of Completion for the Project. 1.6 Affordable Housing Units means 11 of housing units funded by the PLHA Program and available at a gross rent, including utility allowance, that does not exceed 80% of the applicable income eligibility level, and complies with the definition of Acutely Low- to Low-Income as outline in the PLHA guidelines and Council-Approved Five-Year Plan, as amended on April 21, 2022, by Resolution 2022-080. If other funding sources to the Project require lower levels of income, then the lower income levels shall apply. 1.7 Budget means the Budget for the development of the Project, as may be amended upon the approval of the CITY’s Housing and Community Development Division provided any increase in PLHA Funds hereunder requires City Council Approval, attached hereto as EXHIBIT “C”. 1.8 Commencement of Rehabilitation means the time the DEVELOPER or the DEVELOPER’s construction contractor begins substantial physical work on the Property, including, without limitation, delivery of materials and any work, beyond maintenance of the 3 PLHA 10/31/22 Property in its status quo condition, which shall take place in accordance with the Project Schedule. 1.9 Completion Date means the date the DEVELOPER has recorded a Notice of Completion for the Project. 1.10 City of Fresno PLHA Five Year Plan means that PLHA Five Year Plan approved by the Council on April 20, 2020, and amended on April 21, 2022. 1.11 Debt Service means payments made in a calendar year pursuant to the financing obtained for the acquisition, rehabilitation/construction, operation and/or ownership of the Project, but excluding residual receipt payments made pursuant to the Note. 1.12 Declaration of Restrictions means the Declaration of Restrictions in the form attached hereto as EXHIBIT “D”, which contains the affordability covenants and income-level restrictions of this Agreement which shall run with the land and which the DEVELOPER shall record or cause to be recorded against the Property no later than the date of Commencement of Rehabilitation/Construction. 1.11 Deed of Trust means that standard form Deed of Trust (including the security agreement) given by the DEVELOPER as Trustor, to the CITY as beneficiary, through escrow established by the DEVELOPER at its sole cost and expense with Commonwealth Land Title Company, and recorded against the Property to ensure the Note, together with the Deed of Trust in a substantially similar form and attached as EXHIBIT “F” and approved as to form by the City Attorney, as well as any amendments to, modification of and restatements of said Deed of Trust, which Deed of Trust may be subordinated to Project Senior Lenders per the Budget attached as EXHIBIT “C”. The terms of any such Deed of Trust are hereby incorporated into this Agreement by this reference. 1.12 Eligible Costs means the PLHA eligible rehabilitation/construction costs funded by the Loan, consistent with the Project Budget attached as EXHIBIT “C”, allowable under the PLHA Final Guidelines dated October 2019 and Council-approved PLHA Five Year Plan. 1.13 Event of Default shall have the meaning assigned to such term under Section 10.1 hereunder. 1.14 Extremely Low means household whose annual income does not exceed HSC Section 50079.5, which is a maximum of 30% of the area median income for Fresno, California as outlined on the State of California website. 1.14 Funding Sources means the CITY’s PLHA Funds, conventional permanent loan, Developer’s contribution, and any other funds that may become available to the Project. 1.15 Hazardous Materials means any hazardous or toxic substances, materials, wastes, pollutants or contaminants which are defined, regulated or listed as "hazardous substances," "hazardous wastes," "hazardous materials," "pollutants," "contaminants" or "toxic substances" under federal or State environmental and health safety laws and regulations, including without limitation, petroleum and petroleum byproducts, flammable explosives, urea formaldehyde insulation, radioactive materials, asbestos and lead. Hazardous Materials do not include substances that are used or consumed in the normal course of developing, operating, or occupying a housing project, to the extent and degree that such substances are stored, used, and disposed of in the manner and in amounts that are consistent with normal practice and legal standards. 1.16 Household means persons related or unrelated, who are occupying the PLHA 4 PLHA 10/31/22 Units within the Project. 1.17 Loan means the residual receipts Loan of PLHA Funds, in the total amount not to exceed of One Million Five Hundred Thousand Dollars ($1,500,000), the aggregate 2020 PLHA multifamily housing cap (28.5%) outlined in PLHA Five Year Plan as approved by the Fresno City Council on April 20, 2020, as more specifically described in the Budget and in the Promissory Note attached as EXHIBIT “E”. The Loan shall be payable in accordance with the terms of the Note, shall be secured by a deed of trust on each parcel constituting the Property, and shall be subject to the Deed of Trust attached as EXHIBIT “F”. 1.18 Loan Documents collectively mean this Agreement, Promissory Note - EXHIBIT “F”, Deed of Trust – EXHIBIT “F”, and Declaration of Restrictions – EXHIBIT “D”, attached hereto and all related documents/instruments as they may be amended, modified, or restated from time to time along with all exhibits and attachments thereto, relative to the Loan. 1.19 Low-Income Household means households whose annual income does not exceed HSC Section 50079.5, which is a maximum of 80% of the area median income for Fresno, California as outlined on the State of California website. 1.21 Note means that certain One Million Five Hundred Thousand Dollars ($1,500,000), PLHA Loan Note in favor of the CITY as promisee, evidencing the Loan and performance of the affordability and other covenants and restrictions set forth in this Agreement, secured by the Deed of Trust as no worse than 4th position lien upon the Property, naming the CITY as beneficiary and provided to the CITY, no later than the date of the Project funding hereunder, an exemplar of which is attached hereto as EXHIBIT “E“, and incorporated herein, as well as any amendments to, modifications of and restatements of said Note consented to by the CITY. 1.22 Notice of Completion shall mean that Notice of Completion under California Civil Code Section 3093. The Notice of Completion shall be recorded at the Fresno County Recorder’s Office with a conformed copy to the City of Fresno Housing and Community Development Division as evidence of rehabilitation/construction completion. 1.23 Operating Expenses means actual, reasonable and customary costs, fees and expenses directly incurred, paid and attributable to the operation, maintenance and management of the completed affordable housing Project in a calendar year, including, without limitation; painting, cleaning, repairs, alterations, landscaping, utilities, refuse removal, certifications, permits and licenses, sewer charges, real and personal property taxes, assessments, insurance, security, advertising and promotion, janitorial services, cleaning and building supplies, purchasing, repair, servicing and installation of appliances, equipment, fixtures and furnishings which are not paid from the capital replacement reserve, fees and expenses of property management and common area expenses, fees and expenses of accountants, attorneys, and other professionals, the cost of tenant services, repayment of any completion or operating loans including any and all deferred developer fees and contractor’s fees per the Budget, made to the DEVELOPER, its successors or assignees, and other actual operating costs and capital costs which are incurred and paid by the Property, but which are not paid from reserve accounts. 1.24 PLHA means the Permanent Local Housing Allocation. 1.25 Project means the construction/rehabilitation of the Hotel Fresno Apartments Affordable Housing Project as described in EXHIBIT-B. 5 PLHA 10/31/22 1.26 PLHA Guidelines means the State of California Housing and Community Development 2019 PLHA Final Guidelines. 1.27 Project Schedule means the schedule for commencement of rehabilitation/construction and completion of the Project included in EXHIBIT “B”. 1.28 Project Unit means the rehabilitation/construction of up to 81 rental units (including one manager’s unit) of which 11 units will be preserved as PLHA-assisted Units. 1.29 Property means the property located at 1241-1263 Broadway Plaza (APN: 466- 214-31/32) as more specifically described in the Property Description attached to EXHIBIT “A”. 1.30 Rent mean the total monthly payment a tenant pays for an Affordable Housing Unit including the following: use and occupancy of the Unit and land and associated facilities, including parking, provided by the DEVELOPER (other than parking services acquired by tenants on an optional basis), any separately charged fees or service charges assessed by the DEVELOPER which are required of all tenants (other than security deposits), the cost of an adequate level of service for utilities paid by the tenants (including garbage collection, sewer, water, common area electricity, but not telephone or internet service), any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the DEVELOPER, and paid by the tenant. Rent does not include payments for any optional services provided by the Project. 1.31 Residual Receipts means Residual Receipts as defined in the Promissory Note EXHIBIT “E”. 1.32 Senior Financing means the financing for the Project set forth on the Budget and Finance Plan which shall be senior to the PLHA Loan. 1.33 Senior Lender means lenders providing the Senior Financing for the Project. 1.34 Unit or PLHA-assisted Units means the 11 PLHA-assisted Housing Units to be rehabilitated/constructed upon the Property and preserved as Affordable Housing Units for the duration of the 55-year Affordability Period. 1.35 Very Low Income means households whose annual income does not exceed HSC Section 50105 which is a maximum of 50% of the area median income for Fresno, California as outlined on the State of California website. ARTICLE 2. TERMS OF THE LOAN 2.1 Loan of PLHA Funds. The CITY agrees to provide a loan of PLHA Funds to the DEVELOPER, in an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000), all under the terms and conditions provided in this Agreement. 2.2 Loan Documents. The DEVELOPER shall execute and deliver the Loan Documents including the Promissory Note to the CITY, and notarized Deed of Trust to Commonwealth Land Title Company for recordation against the Property, as provided for in this Agreement. 2.3 Term of Agreement. This Agreement is effective upon the date of execution and shall remain in force with respect to the Project for the duration of the Affordability Period unless earlier terminated as provided herein. After the 55-year Affordability Period, this Agreement will expire. It is understood and agreed upon, however, that if for any reason this Agreement should be terminated in whole or in part as provided hereunder, without default, 6 PLHA 10/31/22 the CITY agrees to record a Notice of Cancellation regarding this Agreement upon the written request of the DEVELOPER. 2.4 Loan Repayment and Maturity. The Loan will commence interest on the date signed and dated and shall be due and payable in accordance with the Promissory Note and in full not later than the Maturity date provided in the Note. 2.5 Incorporation of Documents. The DEVELOPER’s PLHA application, the CITY Council approved Minutes of December 15, 2022, approving this Agreement, the Loan Documents, PLHA Guidelines, City of Fresno PLHA Five Year Plan, and all exhibits, attachments, documents, and instruments referenced herein, as now in effect and as may be amended from time to time, constitute part of this Agreement and are incorporated herein by reference. All such documents have been provided to the parties herewith or have been otherwise provided to/procured by the parties and reviewed by each of them prior to execution hereof. 2.6 Covenants of DEVELOPER. The DEVELOPER for itself and its agents/assigns covenants and agrees to comply with all the terms and conditions of this Agreement and the requirements of the PLHA Guidelines, as amended. 2.7 Subordination. This Agreement, Declaration of Restrictions, and Deed of Trust may be subordinated to certain approved financing (in each case, a “Senior Lender”), to no worse than 4th position, but only on condition that all of the following are satisfied: (a) All of the proceeds of the proposed Senior Loan, less any transaction costs, must be used to provide construction financing for the Project consistent with an approved financing plan; (b) the subordination agreement must provide the CITY with adequate rights to cure any defaults by the DEVELOPER including providing the CITY or its successor with copies of any notices of default; (c) upon a determination by the City Manager that the conditions in this Section have been satisfied, the City Manager or his/her designee will be authorized to execute the approved subordination agreement, inter-creditor agreements, standstill agreements, and/or other documents as may be reasonably requested by the Lender to evidence subordination to the Project financing, without the necessity of any further action or approval provided that such agreements contain written provisions that are no more onerous and which are consistent with the customary standard requirements imposed by the financing source(s), on subordinate cash flow obligations under their then existing senior financing policies, and further provided that the City Attorney approves such document(s) as to form. ARTICLE 3. REPRESENTATIONS AND WARRANTIES OF DEVELOPER 3.1 Existence and Qualification. The DEVELOPER represents and warrants to the CITY as of the date hereof, that the DEVELOPER is a duly organized California limited partnership in good standing with the State of California; the DEVELOPER has the requisite power, right, and legal authority to execute, deliver, and perform its obligations under the Agreement has taken all actions necessary to authorize the execution, delivery, performance, and observance of its obligations under this Agreement. This Agreement, when executed and delivered by the DEVELOPER enforceable against the DEVELOPER in accordance with its respective terms, except as such enforceability may be limited by: (a) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other similar laws of general applicability affecting the enforcement of creditors' rights generally, and (b) the application of general principles of equity without the joinder of any other party. 3.2 No Litigation Material to Financial Condition. The DEVELOPER represents and warrants to the CITY as of the date hereof that, except as disclosed to and approved by 7 PLHA 10/31/22 the CITY in writing, no litigation or administrative proceeding before any court or governmental body or agency is now pending, nor, to the best of the DEVELOPER’s knowledge, is any such litigation or proceeding now threatened, or anticipated against the DEVELOPER that, if adversely determined, would have a material adverse effect on the financial condition, business, or assets of the DEVELOPER or on the operation of the Project. 3.3 No Conflict of Interest. The DEVELOPER represents and warrants to the CITY as of the date hereof that no officer, agent, or employee of the CITY directly or indirectly owns or controls any interest in the DEVELOPER, and no person, directly or indirectly owning or controlling any interest in the DEVELOPER, is an official, officer, agent, or employee of the CITY. 3.4 No Legal Bar. The DEVELOPER represents and warrants to the CITY, as of the date hereof that the execution, delivery, performance, or observance by the DEVELOPER of this Agreement will not, to the best of the DEVELOPER’s knowledge, materially violate or contravene any provisions of: (a) any existing law or regulation, or any order of decree of any court, governmental authority, bureau, or agency; (b) governing documents and instruments of the DEVELOPER; or (c) any mortgage, indenture, security agreement, contract, undertaking, or other agreement or instrument to which the DEVELOPER is a party or that is binding on any of its properties or assets, the result of which would materially or substantially impair the DEVELOPER’s ability to perform and discharge its obligations or its ability to complete the Project under this Agreement. 3.5 No Violation of Law. The DEVELOPER represents and warrants to the CITY as of the date hereof that, to the best of the DEVELOPER’s knowledge, this Agreement and the operation of the Project as contemplated by the DEVELOPER, do not violate any existing federal, State, or local laws of regulations. 3.6 No Litigation Material to Project. The DEVELOPER represents and warrants to the CITY as of the date hereof, except as disclosed to, and approved by the CITY in writing, there is no action, proceeding, or investigation now pending, or any basis therefor known or believed to exist by the DEVELOPER that questions the validity of this Agreement, or of any action to be taken under this Agreement, that would, if adversely determined, materially or substantially impair the DEVELOPER’s ability to perform and observe its obligations under this Agreement, or that would either directly or indirectly have an adverse effect or impair the completion of the Project. 3.7 Assurance of Governmental Approvals and Licenses. The DEVELOPER represents and warrants to the CITY, as of the date hereof, that the DEVELOPER has obtained and, to the best of the DEVELOPER’s knowledge, is in compliance with all federal, State, and local governmental reviews, consents, authorizations, approvals, and licenses presently required by law to be obtained by the DEVELOPER for the Project as of the date hereof. ARTICLE 4. WARRANT AND COVENANTS OF THE DEVELOPER The DEVELOPER, for itself and its development team represents and warrants that: 4.1 Accessibility. Applicable accessibility requirements, including, but not limited to, the following: A. The design and construction requirements as required by the CITY’s Universal Design Ordinance pursuant to Fresno Municipal Code 11-110, including, but not limited to the following requirements: 8 PLHA 10/31/22 i. No step accessible entryway; ii. All interior doorways and passageways at least 32 inches wide; iii. One downstairs “flex room” and accessible bathroom with reinforcements for grab bars; iv. Six square feet of accessible kitchen counter space; and v. Hallways at least 42 inches wide. 4.2 Affirmative Marketing and Tenant Selection. The DEVELOPER warrants, covenants and agrees with the CITY that it shall comply with all affirmative marketing requirements in order to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market in the rental of the Project Units. The DEVELOPER shall maintain records of actions taken to affirmatively market units constructed in the future, and to assess the results of these actions. In addition, the Project shall implement a Tenant Selection process outlining selection and screening criteria of eligible tenants. 4.3 Availability of PLHA Funds. The DEVELOPER understands and agrees that the availability of PLHA Funds is subject to the control of the State of California, or other, and should said PLHA Funds be encumbered, withdrawn or otherwise made unavailable to the CITY, whether earned by or promised to the DEVELOPER, and/or should the CITY in any fiscal year hereunder fail to allocate said Funds, the CITY shall not provide said PLHA Funds unless and until they are made available for payment to the CITY by the State of California and the CITY receives and allocates said PLHA Funds. No other funds owned or controlled by the CITY shall be obligated under this Agreement. 4.4 Compliance with PLHA Agreement. The DEVELOPER warrants, covenants and agrees that, in accordance with the requirements of the PLHA Guidelines, upon any uncured default by the DEVELOPER within the meaning of Article 10.1 of this Agreement, the CITY may suspend or terminate this Agreement and all other agreements with the DEVELOPER without waiver or limitation of rights/remedies otherwise available to the CITY. 4.5 Conflict of Interest. The DEVELOPER warrants, covenants and agrees that it shall comply with the Conflict-of-Interest requirements as set forth in the PLHA Final Guidelines, without limitation, that no officer, employee, agent, or consultant of the DEVELOPER may occupy a Project Unit. The DEVELOPER understands and acknowledges that no employee, agent, consultant, officer or elected official or appointed official of the CITY, who exercises any functions or responsibilities with respect to the Project, or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from the Project, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for him or herself or for anyone with which that person has family or business ties, during his or her tenure or for one year thereafter. 4.6 Rehabilitation/Construction Standards. The DEVELOPER shall rehabilitate/construct the proposed Project Units assisted under this Agreement in compliance with all applicable local codes, ordinances, and zoning requirements in effect at the time of issuance of CITY building permits. 4.7 Covenants and Restrictions to Run with the Land. The CITY and the DEVELOPER expressly warrant, covenant and agree to ensure that the covenants and restrictions set forth in this Agreement are recorded and will run with the land, provided, 9 PLHA 10/31/22 however, that, on expiration of this Agreement such covenants and restrictions shall expire, provided that such agreements contain written provisions that are no more onerous and which are consistent with the customary standard requirements imposed by the financing source(s), on subordinate cash flow obligations under their then existing senior financing policies, and further provided that City Attorney approves such document(s) as to form. A. The CITY and the DEVELOPER hereby declare their understanding and intent that the covenants and restrictions set forth herein directly benefit the land by: (a) enhancing and increasing the enjoyment and rental of the proposed Project by a certain Acutely Low to Low Income Households, and (b) making possible the obtaining of advantageous financing for rehabilitation/construction. B. The DEVELOPER covenants and agrees with the CITY that after issuance of a recorded Certification of Completion for the Project until the expiration of the Affordability Period it shall cause 11 Affordable Units to be rented as Affordable Housing for Acutely Low- to Low Income households. C. Without waiver or limitation, the CITY shall be entitled to injunctive or other equitable relief against any violation or attempted violation of any covenants and restrictions, and shall, in addition, be entitled to damages available under law or contract for any injuries or losses resulting from any violations thereof. D. All present and future owners of the Property and other persons claiming by, through or under them shall be subject to and shall comply with the covenants and restrictions. The acceptance of a deed of conveyance to the Property shall constitute an agreement that the covenants and restrictions, as may be amended or supplemented from time to time, are accepted and ratified by such future owners, tenant or occupant, and all such covenants and restrictions shall be covenants running with the land and shall bind any person having at any time any interest or estate in the Property, all as though such covenants and restrictions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. E. The failure or delay at any time of the CITY or any other person entitled to enforce any such covenants or restrictions shall in no event be deemed a waiver of the same, or of the right to enforce the same at any time or from time to time thereafter, or an estoppel against the enforcement thereof. 4.8 Displacement of Persons. The DEVELOPER covenants and agrees with the CITY that it will take all reasonable steps to minimize the displacement of any persons (families, households, individuals, businesses, nonprofit organizations, and farms). The parties acknowledge and agree that the Property located at 1241-1263 is vacant. 4.9 Initial and Annual Income Certification and Reporting. The DEVELOPER covenants and agrees with the CITY that it shall comply with the procedures for annual income determination. The DEVELOPER, shall obtain, complete, and maintain on file, immediately prior to initial occupancy, and annually thereafter, income certifications from the Project Unit Household members. The DEVELOPER, shall make a good faith effort to verify that the income provided by an applicant or occupying Household in an income certification is accurate by taking one or more of the following steps as part of the verification process: (1) obtain a pay stub for the most recent three pay periods; (2) obtain an income verification form from the applicant’s current employer; (3) obtain an income verification form from the Social Security Administration and California Department of Social Services if the applicant receives assistance from either of such agencies; (4) obtain income tax return for the most 10 PLHA 10/31/22 recent three years; or (5) if the applicant is unemployed, obtain another form of independent verification. Copies of Household income certification and verification must be available for review and approval by the CITY prior to initial lease up. The DEVELOPER further warrants, covenants and agrees that it will cooperate with the CITY in the CITY’s income certification/affordability monitoring activities. 4.10 Lead-Based Paint. The DEVELOPER covenants and agrees with the CITY that it shall comply with all applicable requirements of the Lead-Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 C.F.R. Part 35, including the HUD 1012 Rule, and 24 C.F.R. 982.401(j), and any amendment thereto, and Environmental Protection Agency (EPA) Section 402 (c)(3) of the Toxic Substances Control Act (TSCA) to address lead-based hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities. Contractors performing renovations in lead- based paint units must be EPA-certified renovators. These requirements apply to all units and common areas of the Project. The DEVELOPER shall incorporate or cause incorporation of this provision in all contracts and subcontracts for work performed on the Project, which involve the application of paint. The DEVELOPER shall be responsible for all disclosure, inspection, testing, evaluation, and control and abatement activities. 4.11 Minority Outreach Activities. The DEVELOPER covenants and agrees with the CITY that it shall comply with all federal laws and regulations, without limitation, any requirement that the DEVELOPER comply with the CITY’s minority outreach program. 4.12 Other Laws and Regulations. The DEVELOPER covenants and agrees with the CITY that, in addition to complying with the federal laws and regulations already cited in this Agreement, the DEVELOPER has reviewed, and shall comply with and require all its contractors and subcontractors on the Project to comply with, all other federal laws and regulations that may apply to the PLHA Program, including, without limitation, requirements of 24 C.F.R. 58.6 and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4128 the following: A. The Project is not located in a tract identified by the Federal Emergency Management Agency as having special flood requirements. B. The provisions of Section 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor Regulations (29 C.F.R. Part 5), regarding the rehabilitation/construction and management of the proposed Project. C. The DEVELOPER and its contractors, subcontractors and service providers for the Project, shall comply with all applicable local, State and federal requirements concerning equal employment opportunity, including compliance with Executive Order (E.O.) 11246, “Equal Employment Opportunity”, as amended by E.O. 11375, (amending E.O. 11246 Relating to Equal Employment Opportunity), and as supplemented by regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”. D. The provisions of the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). 4.13 Reporting Requirements. The DEVELOPER warrants, covenants and agrees with the CITY that it shall submit performance reports to the CITY as detailed in Section 7.17. 11 PLHA 10/31/22 Furthermore, the DEVELOPER agrees to provide, at the sole cost of the DEVELOPER, an annual audited Financial Statement and residual receipts calculation for the Project expenses and ongoing financial transactions which occur as a result of this Agreement as detailed in Section 5.6. The DEVELOPER agrees to account for the expenditure of PLHA Funds using generally accepted accounting principles, which financial documentation shall be made available to the CITY and the State of California upon their respective written request(s). 4.14 Housing Affordability. The DEVELOPER covenants and agrees with the CITY that 11 of the Project Units will be affordable to Acutely Low- to Low-Income households and other PLHA requirements during the Affordability Period. Eleven Project Units, at a minimum, be rented to and occupied by, or, if vacant, available for rental and occupancy by (a) person(s) whose annual household income at the time of initial occupancy is not greater than 80% of the area median income for the Affordability Period except upon foreclosure or other transfer in lieu of foreclosure following default under a Deed of Trust. However, if at any time following a transfer by foreclosure or transfer in lieu of foreclosure, but still during the Affordability Period, the owner of record prior to the foreclosure or transfer in lieu of foreclosure, or any newly formed entity that includes such owner of record those whom such owner of record has or had business ties, obtains an ownership interest in the Project or the Property, the Affordability Period shall be revived according to its original terms. In the event the DEVELOPER fails to comply with this Section 4.14, or the Affordability Period is not revived following transfer by foreclosure or transfer in lieu of foreclosure, the DEVELOPER shall return to the CITY all PLHA Funds disbursed to the DEVELOPER by the CITY. 4.15 Terminated Projects. The DEVELOPER understands and agrees that, if the Project is terminated before completion, either voluntarily or otherwise, such constitutes an ineligible activity, and the CITY will not be required to provide any further PLHA Program assistance to the Project. ARTICLE 5. PROPERTY MAINTENANCE The DEVELOPER covenants and agrees to the following, for the entire term of the Agreement. 5.1 Adequate Repair and Maintenance. The DEVELOPER during its time on title shall cause the maintenance to the Project and Property to be in compliance with all applicable codes, laws, and ordinances. The CITY reserves the right to require the DEVELOPER to change the property management company for the property if it is determined through annual property monitoring that the property management company is not performing satisfactorily. 5.2 Affordable Rental Housing. The DEVELOPER covenants and agrees that the Project shall constitute up to 81 Project Units (including one manager unit) with 11 Affordable Units for rent during the entire Affordability Period. This covenant shall remain in effect and run with and restrict the land during the entirety of the Affordability Period. In the event the DEVELOPER fails to comply with the time period in which the Project Units constitute affordable housing, the CITY shall without waiver or limitation, be entitled to injunctive relief, as the DEVELOPER acknowledges that damages are not adequate remedy at law for such breach. 5.3 Compliance with Environmental Laws. The DEVELOPER shall cause the Project Units to be in compliance with, and not to cause or permit the Project to be in violation of, any Hazardous Materials law, rule, regulation, ordinance, or statute. Although the CITY 12 PLHA 10/31/22 will utilize its employees and agents for regular inspection and testing of the eligible Property, the DEVELOPER agrees that, if the CITY has reasonable grounds to suspect any such violation, the DEVELOPER shall be entitled to 30 days' notice and opportunity to cure such violation. If the suspected violation is not cured, the CITY shall have the right to retain an independent consultant to inspect and test the eligible Property for such violation. If a violation is discovered, the DEVELOPER shall pay for the reasonable cost of the independent consultant. Additionally, the DEVELOPER agrees: A. That the CITY shall not be directly or indirectly responsible, obligated, or liable with the inspection, testing, removal, or abatement of asbestos or other hazardous or toxic chemicals, materials, substances, or wastes and that all cost, expense, and liability for such work shall be and remain solely with the DEVELOPER; B. Not to transport to, or from, the proposed Property, or use, generate, manufacture, produce, store, release, discharge, or dispose of on, under, or about the Property, or surrounding real estate, or transport to or from the project site, or surrounding real estate, any hazardous or toxic chemicals, materials, substance, or wastes or allow any person or entity to do so except in such amounts and under such terms and conditions permitted by applicable laws, rules, regulations, ordinances, and statutes; C. To give prompt written notice to the CITY of the following: (i) Any proceeding or inquiry by any governmental authority with respect to the presence of any hazardous or toxic chemicals, materials, substance, or waste in or on the eligible Property or the surrounding real estate or the migration thereof from or to other property; (ii) All claims made or threatened by any third party against the DEVELOPER, or such properties relating to any loss or injury resulting from any hazardous or toxic chemicals, materials, substance, or waste; and (iii) The DEVELOPER’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of such properties that would cause such properties or underlying or surrounding real estate or part thereof to be subject to any restrictions on the ownership, occupancy, transferability, or use of the property under any environmental law, rule, regulation, ordinance, or statute; and D. To indemnify, defend, and hold the CITY harmless from any and all claims, actions, causes of action, demand, judgments, damages, injuries, administrative orders, consent agreements, orders, liabilities, penalties, costs, expenses (including attorney’s fees and expenses), and disputes of any kind whatsoever arising out of or relating to the DEVELOPER or any other party’s use of release of any hazardous or toxic chemicals, materials, substance, or waste on the Property regardless of cause or origin, including any and all liability arising out of or relating to any investigation, site monitoring, containment, cleanup, removal, restoration, or related remedial work of any kind or nature. 5.4 Compliance with Laws. The DEVELOPER shall promptly and faithfully comply with, conform to, and obey all present and future federal, State, and local statutes, regulations, rules, ordinances, and other legal requirements applicable by reason of this 13 PLHA 10/31/22 Agreement or otherwise to the Project including without limitation prevailing wage requirements. The DEVELOPER acknowledges that the use of PLHA Funds subjects the Project to State of California regulations and covenants and agrees that it shall comply with, conform to, and obey (and take steps as are required of the DEVELOPER to enable the CITY to comply with, conform to and obey) all State of California regulations and laws applicable to the Project. DEVELOPER shall also comply with all mitigation measures and conditions identified in the Environmental Assessment for the Project. 5.5 Existence, Qualification, and Authority. The DEVELOPER shall provide to the CITY any evidence required or requested by the CITY to demonstrate the continuing existence, qualification, and authority of the DEVELOPER to execute this Agreement and to perform the acts necessary to carry out the Project. 5.6 Financial Statements and Audits. Annually, within 180 days following: 1) the end of fiscal year(s) in which the PLHA Funds are disbursed hereunder, and 2) the end of fiscal year(s) in which this contract shall terminate, and otherwise upon the CITY’s, written request during the term of this Agreement, the DEVELOPER, at its sole cost and expense shall submit to the CITY: A. Audited annual financial statement with notes that are current, signed, and prepared according to generally accepted accounting principles consistently applied (except as otherwise disclosed therein). B. Audited Financial Statements with the management notes covering the income and expenses, and the financial transactions for the Project during the prior fiscal year. 5.7 Inspection and Audit of Books, Records and Documents. The DEVELOPER shall account for all PLHA Funds disbursed for the Project pursuant to this Agreement. Any duly authorized representative of the CITY or the State of California shall, at all reasonable times, have access to and the right to inspect, copy, make excerpts or transcripts, audit, and examine all books of accounts, records, files and other papers or property, and other documents of the DEVELOPER pertaining to the Project, or all matters covered in this Agreement and for up to six years after the expiration or termination of this Agreement. A. The DEVELOPER will maintain books and records for the Project using generally accepted accounting principles. The DEVELOPER agrees to maintain books and records that accurately and fully show the date, amount, purpose, and payee of all expenditures financed with PLHA Funds and to keep all invoices, receipts and other documents related to expenditures financed with PLHA Funds for not less than five years after the expiration or termination of the Agreement. Books and records must be kept accurate and current. For purposes of this section, "books, records and documents" include, without limitation; plans, drawings, specifications, ledgers, journals, statements, contracts/agreements, funding information, funding applications, purchase orders, invoices, loan documents, computer printouts, correspondence, memoranda, and electronically stored versions of the foregoing. This section shall survive the termination of this Agreement. B. The CITY may audit any conditions relating to this Agreement at the CITY’s expense, unless such audit shows a significant discrepancy in information reported by the DEVELOPER in which case the DEVELOPER shall bear the cost of such audit. The DEVELOPER shall also comply with any applicable audit requirements of the PLHA Guidelines Section 501. This section shall survive the 14 PLHA 10/31/22 termination of this Agreement. C. The DEVELOPER will cooperate fully with the CITY and the State of California in connection with any interim or final audit relating to the Project that may be performed relative to the performance of this Agreement. 5.8 Inspection of Property. Any duly authorized representative of the CITY or the State of California shall, at all reasonable times and within 72 hours’ written notice, have access and the right to inspect the Property until completion of the Project and expiration of the applicable Affordability Period, subject to the rights of the tenants. 5.9 No Other Liens. The DEVELOPER shall not create or incur, or suffer to be created or incurred, or to exist, any additional mortgage, pledge, lien, charge, or other security interest of any kind on the eligible Property, other than those related to the Project’s rehabilitation and construction loans in relation to the Project, consistent with the attached Budget, without the prior written consent of the CITY. 5.10 Nondiscrimination. The DEVELOPER shall comply with and cause any and all contractors and subcontractors to comply with any and all federal, State, and local laws with regard to illegal discrimination, and the DEVELOPER shall not illegally discriminate against any persons on account of race, religion, sex, family status, age, handicap, or place of national origin in its performance of this Agreement and the completion of the Project. 5.11 Ownership. Except as required in pursuit hereof, the DEVELOPER shall not sell, lease, transfer, assign or otherwise dispose (Transfer) all or any material part of any interest it might hold in the Property or the Project without the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed. “Transfer” shall exclude the leasing of any single Unit in the Project. A. The DEVELOPER shall request CITY’s written approval of the granting of the security interests in the Property described in Section 5.9 above. 5.12 Payment of Liabilities. The DEVELOPER shall pay and discharge in the ordinary course of its business all material obligations and liabilities, the nonpayment of which could have a material or adverse impact on its financial condition, business, or assets or on the operation of the Project, except such obligations and liabilities that have been disclosed to the CITY in writing and are being contested in good faith. 5.13 Report of Events of Default. The DEVELOPER shall promptly give written notice to the CITY upon becoming aware of any Event of Default under this Agreement. ARTICLE 6. DISBURSEMENT OF PLHA FUNDS Without waiver of limitation, the parties agree as follows, regarding PLHA Funds: 6.1 Loan Commitments and Financing Plan. The DEVELOPER shall submit its most current Finance Plan for the Project to the CITY prior to Council approval and as other funding sources become part of the Project budget. The City shall approve the Finance plan so long as the Finance Plan is consistent with the Budget contained in EXHIBIT “C”., The CITY shall accept the Finance Plan and supporting documentation such as commitment letters, letters of credit, agreements, and resolutions for proposed funding to the Project. If the CITY disapproves the Finance Plan, it will specify the reason for the disapproval and ask the DEVELOPER to provide any additional information the CITY may need to approve the Finance Plan. The parties agree and acknowledge that this Agreement does not constitute a commitment of loan funds, and that such Loan Commitment or approval of Loan may occur 15 PLHA 10/31/22 only upon satisfactory completion of the environmental review of the Project. In addition, no Loan Commitment shall be made until all requirements contained in this Agreement or another other loan, security or other related documents are met by the Developer, as determined by the CITY. 6.2 Finance Plan Content. The Finance Plan shall contain all Project pre- construction, post-construction, and permanent loans or letters of commitment from one or more qualified public/private lenders or funding sources in sufficient amounts, combined with any other DEVELOPER financing, for the DEVELOPER to complete rehabilitation/construction of the Project. The total amount of the liens to be recorded against the Property as presented in the Finance Plan shall not exceed the DEVELOPER’s estimated construction Budget. 6.3 Use of PLHA Funds. The DEVELOPER warrants, covenants and agrees that it shall request PLHA Funds only for reimbursement of eligible rehabilitation/construction costs incurred as identified in the itemized Budget, attached hereto as EXHIBIT “C”, aggregating not more than One Million Five Hundred Thousand Dollars ($1,500,000). DEVELOPER may not incur costs to be paid with Loan funds for this Project until the CITY notifies the DEVELOPER that the environmental review has been approved and DEVELOPER is authorized to use Loan funds. The CITY’s obligations shall in no event exceed the PLHA Funds amount specified in this Agreement. A. If any such Funds shall be determined to have been requested and/or used by the DEVELOPER for costs other than for eligible rehabilitation construction costs, and subject to the notice and cure provisions of Section 10.2 hereunder, an equal amount from nonpublic funds shall become immediately due and payable by the DEVELOPER to the CITY; provided, however, that the DEVELOPER shall, subject to its full cooperation with the CITY, be entitled to participate in any opportunity to remedy, contest, or appeal such determination. B. In the event PLHA Funds are requested to reimburse Eligible Costs which subsequently lose eligibility as Eligible Costs, the DEVELOPER shall immediately return such PLHA Funds to the CITY. C. The CITY will disburse PLHA Funds, to the DEVELOPER through proper invoicing for eligible construction costs of the Affordable Units as provided in this Article 6. 6.4 Conditions Precedent to Disbursement. The CITY shall not be obligated to make or authorize any disbursements of PLHA Funds unless the following conditions are satisfied: A. There exists no Event of Default as provided in Article 10, nor any act, failure, omission, or condition that with the passage of time or the giving of notice or both would constitute an Event of Default. B. The DEVELOPER has received and delivered to the CITY firm commitments of, or Agreements for, sufficient funds to finance the Project. C. The DEVELOPER, at its sole cost and expense, has obtained all permits and approvals necessary for the construction or rehabilitation of the Project as set forth in Section 7.11. D. The CITY has approved the requested reimbursement of eligible rehabilitation construction Project costs. 16 PLHA 10/31/22 E. The DEVELOPER has obtained insurance coverage and delivered to the City for approval as evidence of insurance as required in Article 9. F. The DEVELOPER is current with its compliance of reporting requirements set forth in this Agreement. G. The DEVELOPER has provided the CITY with a written request for PLHA Funds, for reimbursement of eligible rehabilitation/ construction Project costs and detailing such Eligible Costs applicable to the request on a City provided form. H. The CITY has received certification required by Section 6.6 of this Agreement. I. The CITY has received, and continues to the have the right to disburse, PLHA Funds. J. The Developer has received environmental clearance for the Project on the Property. 6.5 Requests for Reimbursement of PLHA Funds. The DEVELOPER, or an agent on behalf of the Developer, shall request that the CITY reimburse funds for eligible rehabilitation/construction cost using the CITY’s Request for Disbursement of Funds form. The DEVELOPER, or an agent on behalf of the Developer, shall only request a maximum of One Million Five Hundred Thousand Dollars ($1,500,000) in PLHA Program assistance for the Affordable Housing Units. All requests should provide in detail such Eligible Costs applicable to the request. All requests for PLHA Funds shall be accompanied with the Certification required by Section 6.6 of this Agreement. 6.6 DEVELOPER Certification. The DEVELOPER, or an agent on behalf of the Developer, shall submit to the CITY a written certification that, as of the date of the Request for Reimbursement (Certification): A. The representations and warranties contained in or incorporated by reference in this Agreement continue to be true, complete, and accurate in material respects. B. The DEVELOPER has carried out its obligations and is in compliance with all the obligations or covenants specified in this Agreement, to the extent that such obligations or covenants are required to have been carried out or are applicable at the time of the Request for Reimbursement; and C. The DEVELOPER has not committed or suffered an act, event, occurrence, or circumstance that constitutes an Event of Default or that with the passage of time or giving of notice or both would constitute an Event of Default; and D. The disbursement of funds shall be used solely for reimbursement of Eligible construction Costs identified in this Agreement and must by supported by the itemized obligations that have been properly incurred, expended and are properly chargeable in connection with construction of the Project. 6.7 Disbursement of Funds. The disbursement of PLHA Program Loan Funds shall occur within the normal course of CITY business (approximately 30 days) after the CITY receives the Certification and Request for Reimbursement with correct supporting documentation and to the extent of annually allocated and available PLHA Funds. 17 PLHA 10/31/22 ARTICLE 7. REHABILITATION/CONSTRUCTION OF THE PROJECT Without waiver of limitation, the parties agree as follows: 7.1 Pre-Construction Meeting Regarding PLHA Program Processes and Procedures. Either the City or Developer may schedule, and the other party shall attend a meeting prior to rehabilitation/ construction for the purpose of outlining the Project processes and procedures. 7.2 Commencement and Completion of Project. The DEVELOPER shall commence rehabilitation/construction of the Project and when completed record a Notice of Completion of construction of the Project in accordance with the Project Schedule as identified in EXHIBIT “B” and provide the CITY with a copy of the recordation. 7.3 Contracts and Subcontracts. Consistent with Section 5.3, all hazardous waste abatement, construction work and professional services for the Project shall be performed by persons or entities licensed or otherwise legally authorized to perform the applicable work or service in the State of California and the City of Fresno. The DEVELOPER shall provide the CITY with copies of all agreements it has entered into with any and all general contractors or subcontractors for this Project. The DEVELOPER shall require that each such general contractor agreement contain a provision whereby the party(ies) to the agreement, other than the DEVELOPER, agree to: (i) notify the CITY immediately of any event of default by the DEVELOPER thereunder, (ii) notify the CITY immediately of the filing of a mechanic’s lien, (iii) notify the CITY immediately of termination or cancellation of the construction agreement on the Project, and (iv) provide the CITY, upon the CITY’s request, an Estoppel Certificate certifying that the agreement is in full force and effect and the DEVELOPER is not in default thereunder. The DEVELOPER agrees to notify the CITY immediately of termination or cancellation of any such agreement(s), notice of filing of a mechanic’s lien, or breach or default by other party(ies) thereto. 7.4 Damage to Property. To the extent consistent with the requirements of any permitted encumbrance, or as otherwise approved by the CITY, and subject to Article 9 of this Agreement, if any building or improvement constructed on the Property is damaged or destroyed by an insurable cause, the DEVELOPER shall, at its cost and expense, diligently undertake to repair or restore said buildings and improvements consistent with the original Plans and Specifications of the Project. Such work or repair shall occur within 90 days after the insurance proceeds are made available to the DEVELOPER and shall be completed within two years thereafter. All insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration and, if such insurance proceeds shall be insufficient for such purpose, the DEVELOPER shall use its best efforts to make up the deficiency. 7.5 Fees, Taxes and Other Levies. The DEVELOPER shall be responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Project and shall pay such charges prior to delinquency. However, the DEVELOPER shall not be required to pay and discharge any such charge so long as: (a) the legality thereof is being contested diligently and in good faith and by appropriate proceedings, and (b) if requested by the CITY, the DEVELOPER deposits with the CITY any funds or other forms of assurances that the CITY, in good faith, may determine from time to time are appropriate to protect the CITY from the consequences of the contest being unsuccessful. The DEVELOPER shall have the right to apply for and obtain an abatement and/or exemption of the Project from real property taxes in accordance with 18 PLHA 10/31/22 all applicable rules and regulations, including Section 214(g) of the California Revenue and Taxation Code. 7.6 Financing. The DEVELOPER shall promptly inform the CITY of any new financing or funding not included in the budget for the Project, and the DEVELOPER shall provide the CITY with copies of all agreements with funding sources for the Project. The DEVELOPER shall require each agreement with all funding sources not included in the Budget to contain a provision whereby the party(ies) to the agreement other than the DEVELOPER, if permitted by the party(ies) applicable rules and regulations, agree to notify the CITY immediately of any event of default by the DEVELOPER thereunder. Should the DEVELOPER not comply with all the obligations of this section, the loan shall become immediately due and payable as provided for in this Agreement. This Section shall survive expiration or termination of this Agreement. 7.7 Inspections. The DEVELOPER shall permit, facilitate, and require its contractors and consultants to permit and facilitate observation and inspection at the job site by the CITY and other public authorities during reasonable business hours, for the purpose of determining compliance with this Agreement, including without limitation those annual on- site Property inspections required of the CITY. 7.8 Utilities. The DEVELOPER shall be responsible, at its sole cost and expense, to determine the location of any utilities on the Property and to negotiate with the utility companies for, and to relocate the utilities, if any, as necessary to complete the Project. 7.9 Insurance and Bonds. The DEVELOPER shall submit for CITY approval bonds, certificates and applicable endorsements for all insurance and bonds required by this Agreement in accordance with Article 9. 7.10 Mechanic’s Liens and Stop Notices. If any claim of lien is filed against the Property or a stop notice affecting any financing, PLHA Program Funds or funding sources for the Project is served on the CITY or any other third party in connection with the Project, the DEVELOPER shall, within 20 days of such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the CITY a surety bond in sufficient form and amount, or provide the CITY with other assurance satisfactory to the CITY that the claim of lien or stop notice will be paid or discharged. A. If the DEVELOPER fails to discharge, bond, or otherwise satisfy the CITY with respect to any lien, encumbrance, charge, or claim referred to in Section 7.10 above, then, in addition to any other right or remedy, the CITY may, but shall not be obligated to, discharge such lien, encumbrance, charge, or claim at the DEVELOPER’s expense. Alternatively, the CITY may require the DEVELOPER to immediately deposit with the CITY, the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The CITY may use such deposit to satisfy any claim or lien that is adversely determined against the DEVELOPER. The DEVELOPER hereby agrees to indemnify and hold the CITY harmless from liability for such liens, encumbrances, charges or claims together with all related costs and expenses. 7.11 Permits and Licenses. The DEVELOPER shall submit, for CITY approval, all the necessary permits and licenses required for commencement of the rehabilitation/construction. As the CITY may reasonably request, the DEVELOPER, at its sole cost and expense, shall provide to the CITY copies of any and all permit approvals and authorizations including plot plan, plat, zoning variances, sewer, building, grading, 19 PLHA 10/31/22 demolition, and other permits required by governmental authorities other than the CITY in pursuit of the Project, and for its stated purposes in accordance with all applicable building, environmental, ecological, landmark, subdivision, zoning codes, laws, and regulations. 7.12 Plans and Specifications. The DEVELOPER has obtained the required building permits for the Project from the CITY based on plans and specifications submitted to and approved by the City Building Department (Project Preliminary Plans). A. The Agreement shall contain by reference the design and site plan of the Project as previously approved by the City Building Department. B. Before commencement of rehabilitation/construction, the DEVELOPER shall submit to the CITY, for its review and approval, the final Plans and Specifications for the Project. The DEVELOPER will construct the Affordable Rental Housing in full conformance with the Plans and Specifications and modifications thereto approved by the CITY. The DEVELOPER shall obtain the CITY’s prior written approval for any modifications to the Plans and Specifications. 7.13 Project Responsibilities/Public Work-Prevailing Wage Requirements. The DEVELOPER shall be solely responsible for all aspects of the DEVELOPER’s conduct in connection with the Project, including but not limited to, compliance with all local, State and federal laws including without limitation, as to prevailing wage and public bidding requirements. The Council of the City of Fresno has adopted Resolution No. 82-297 ascertaining the general prevailing rate of per diem wages and per diem wages for holidays and overtime in the Fresno area for each craft, classification or type of workman needed in the execution of contracts for the CITY. A copy of the resolution is on file at the Office of the City Clerk, City Hall, second floor. Actual wage schedules are available upon request at the City’s Construction Management Office, 1721 Van Ness Avenue. Without limiting the foregoing, the DEVELOPER shall be solely responsible for the quality and suitability of the work completed and the supervision of all contracted work, qualifications and financial conditions of and performance of all contracts, subcontractors, consultants and suppliers. Any review or inspection undertaken by the CITY with reference to the Project and/or payroll monitoring/auditing is solely for the purpose of determining whether the DEVELOPER is properly discharging its obligation to the CITY and shall not be relied upon by the DEVELOPER or by any third parties as a warranty or representation by the CITY as to governmental compliance and/or the quality of work completed for the Project. 7.14 Property Condition. The DEVELOPER shall maintain the Project and all improvements on site in a reasonably good condition and repair (and, as to landscaping, in a healthy condition), all according to the basic design and related plans, as amended from time to time. The DEVELOPER and those taking direction under the DEVELOPER shall: (i) maintain all on-site improvements according to all other applicable law, rules, governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials; (ii) keep the improvements free from graffiti; (iii) keep the Project Property free from any accumulation of debris or waste material; (iv) promptly make repairs and replacements to on-site improvements; (iv) promptly replace any dead, or diseased plants and/or landscaping (if any) with comparable materials, and (v) enforce tenant lease terms. 7.15 Quality of Work. The DEVELOPER shall ensure that construction of the Project employs building materials of a quality suitable for the requirements of the Project. The DEVELOPER shall cause completion of the construction of the Project on the Property in full 20 PLHA 10/31/22 conformance with applicable local, State, and federal laws, statutes, regulations, and building and safety codes. 7.16 Relocation. If and to the extent that the proposed Project results in the permanent or temporary displacement of residential tenants, the DEVELOPER shall comply with all applicable local, State, and federal statutes and regulations with respect to relocation planning, advisory assistance, and payment of monetary benefits. The DEVELOPER shall be solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with said relocation laws. 7.17 Reporting Requirements. The DEVELOPER shall submit to the CITY the following Project reports: A. From the date of execution of this Agreement, until the DEVELOPER records a Notice of Completion, the DEVELOPER shall submit a Quarterly Report, in a form approved by the CITY, which will include, at a minimum, the following information: progress of the Project and affirmative marketing efforts. The Quarterly Reports are due 15 days after each March 31st, June 30th, September 30th, and December 31st, during said period. B. Annually, beginning on the first day of the month following the DEVELOPER’s Notice of Completion, and continuing until the termination of the Agreement, the DEVELOPER shall submit an Annual Rent Roll Report to the CITY, in a form approved by the CITY. The Annual Report shall include, at a minimum, the following information: occupancy of each Project Unit including the annual income and the household size, the date occupancy commenced, certification from an officer of the DEVELOPER that the Project is in compliance with the Affordability requirements, and such other information the CITY may be required by law to obtain. The DEVELOPER shall provide any additional information reasonably requested by the CITY upon request and at the annual monitoring of the property. C. The Project LP entity shall pay to the CITY an annual fee to cover the CITY’s actual costs of monitoring the Project during the Period of Affordability. The Annual PLHA Monitoring Fee shall be in an amount reflecting the CITY’s actual costs of monitoring, oversight, and physical inspection of the Project. Monitoring fees shall be paid in an amount not to exceed $5,000 per calendar year, beginning on the date the Project receives its certificate of occupancy, and may increase each year thereafter by up to 3%. D. Annually, beginning on the first day of the month following completion of the project, the DEVELOPER shall submit proof of property and liability insurance, as required in Article 9, listing the CITY as loss payee. 7.18 Scheduling and Extension of Time; Unavoidable Delay in Performance. It shall be the responsibility of the DEVELOPER to coordinate and schedule the work to be performed so that the commencement of the rehabilitation/construction and issuance of the Notice of Completion will take place in accordance with the provisions of the Agreement and Project Schedule. The time for performance contained in the Project Schedule shall be automatically extended upon the following: A. The time for performance of provisions of the Agreement by either party shall be extended for a period equal to the period of any delay directly affecting the Project or this Agreement which is caused by: war, insurrection, strike or other labor disputes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a 21 PLHA 10/31/22 public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, suits filed by third parties concerning or arising out of this Agreement, or unseasonable weather conditions (force majeure). An extension of time for any of the above specified causes will be granted only if written notice by the party claiming such extension is sent to the other party within ten calendar days from the date the affected party learns of the commencement of the cause and the resulting delay and such extension of time is accepted by the other party in writing. In any event, the Project must be completed no later than 180 calendar days after the scheduled completion date specified in this Agreement, notwithstanding any delay caused by that included in this section. B. Any and all extensions hereunder shall be by mutual written agreement of the CITY’s Housing and Community Development Division Manager and the DEVELOPER, which shall not cumulatively exceed 180 days. 7.19 Project Completion. Upon completion of the rehabilitation/construction of the Project, the DEVELOPER shall submit to the CITY: 1) certification in writing to that the Project has been substantially constructed in accordance with the plans and specifications, approved by the CITY; 2) a recorded Notice of Completion; 3) a cost-certifying final budget where the DEVELOPER shall identify the actual costs of construction of the Project. This final cost- certification shall identify costs in line-item format, consistent with the Project Budget. Upon a determination by the CITY that the DEVELOPER is in compliance with all of the DEVELOPER’s rehabilitation construction obligations, as specified in this Agreement. Upon the DEVELOPER taking the specified measures and meeting the specified standards, the DEVELOPER will certify to the CITY in writing. ARTICLE 8. OPERATIONS OF THE PROJECT 8.1 Operation of the Project. The DEVELOPER or its contracted management company shall lease, operate, and manage the Project in full conformity with the terms of this Agreement. 8.2 Occupancy Requirements. Eleven of the PLHA-Assisted Affordable Housing Units shall be rented and occupied by, or if vacant, available for rental occupancy by those whose annual household income at the time of initial occupancy is not greater than 80% of the most recent annual median income, calculated and published by the State for the Fresno Metropolitan Statistical Area, applicable to such household’s size, and at an affordable rent consistent with PLHA Program Guidelines. 8.3 Leasing the PLHA-Assisted Affordable Units. Before leasing any Affordable Housing Units, the DEVELOPER or authorized property management company shall submit its proposed form of lease agreement for the CITY’s review and approval. The DEVELOPER or its authorized property management company covenants and agrees to utilize only leases that have been approved in advance by the CITY. The CITY shall respond to the DEVELOPER’s submission of a sample lease agreement within 30 days. Should the CITY not respond within 30 days of the lease agreement submittal, the DEVELOPER shall be authorized to use the submitted sample lease agreement. Additionally, the DEVELOPER shall require that any property management company shall not terminate the tenancy or to refuse to renew or lease with a tenant of the Units assisted with PLHA Funds except for serious or repeated violation of the terms and conditions of the lease agreement, for violation of applicable federal, State, or local law, or for other good cause. Any such termination or refusal to renew must be preceded by not less than 30 days’ written notice served by the 22 PLHA 10/31/22 DEVELOPER or its authorized management entity upon the tenant specifying the grounds for such action. The DEVELOPER agrees it shall annually report or require its authorized property management company to report to the CITY the number of leases that were not renewed or terminated and the reason for such non-renewal or termination. 8.4 Lease of PLHA-Assisted Affordable Housing Units Provisions. In addition to the PLHA requirements, the leases are subject to the following: A. The DEVELOPER shall include in its Leases for the PLHA-assisted Affordable Housing Units, provisions which authorize the DEVELOPER or its authorized property management company to immediately terminate the tenancy of any Household of which one or more of its members misrepresented any fact material to the Household’s qualification as an Acutely Low to Low-Income Household. Each such lease agreement shall also provide that the Household is subject to annual certification, and that, if the Household’s annual income increases above the applicable limits for Low-Income, such Household’s rent may be subject to increase to 30% of the Household’s actual adjusted monthly income. 8.5 Final Management Plan. Before leasing and at least 60 calendar days prior to the construction Completion Date, the DEVELOPER shall submit to the CITY, for review and approval, a plan for marketing and managing the proposed Affordable Housing Units (Property Management Plan). The Property Management Plan shall address in detail how the DEVELOPER or its designated management company plans to market the availability of the Affordable Housing Units to prospective tenants and how the DEVELOPER or its authorized property management company plans to certify the eligibility of potential tenants. The Property Management Plan shall also address how the DEVELOPER and/or the authorized property management company plan to manage and maintain the Affordable Housing Units in accordance with PLHA Program Guidelines and shall include appropriate financial information and documentation. The Property Management Plan shall contain detailed descriptions of policies and procedures with respect to tenant selections and evictions. Topics to be covered in these procedures shall include at a minimum the following: • Interviewing procedures for prospective tenants; • Previous rental history of tenants with references; • Credit reports; • Criminal background checks; • Deposit amounts, purpose, use and refund policy; • Employment/Income verification; • Occupancy restrictions; • Income Limits; • Equal Housing Opportunity Statement; • Restrictions on use of the premises; and • Tenant/Landlord dispute resolution procedures. The Property Management Plan shall contain copies of all standardized forms associated with the above listed topics. The Property Management Plan shall include a form lease agreement that the DEVELOPER proposes to enter into with the Acutely Low to Low- Income tenants. The DEVELOPER and/or its authorized property management company shall abide by the terms of this Property Management Plan, approved by the CITY, in marketing, managing, and maintaining the PLHA-Assisted Affordable Housing Units. 23 PLHA 10/31/22 At least 90 calendar days prior to the Project Completion Date, the DEVELOPER shall also submit proposed property management contract to the CITY for prior review. The CITY shall have the right to review any proposed amendments, other than renewals to the property management contract, and any new management contracts during the term of this Agreement. Such management contract(s) shall contain a provision expressing this right. 8.6 Property Management. The DEVELOPER shall comply with the following: A. Management Responsibilities. The DEVELOPER directly and/or through its designated property management entity, is specifically responsible for all management functions with respect to the Project and Property including, without limitation, the selection of tenants, certification and re-certification of Household size and income, evictions, collection of Rents and deposits, construction management, affirmative marketing, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items and security. The CITY shall have no responsibility for such property management of the Project. 8.7 Maintenance and Security. The DEVELOPER shall (i) at its own expense maintain the Project in good condition, in good repair and in decent, safe, sanitary, habitable and tenantable living conditions for the benefit of the Affordable Unit occupants. The DEVELOPER shall not commit or permit any waste on or to the Project and shall prevent and/or rectify any physical deterioration of the Project. The DEVELOPER shall maintain the Units in conformance with all applicable federal, State, and local laws, ordinances, codes and regulations, the Property Management Plan, and this Agreement. 8.8 Nondiscrimination. Eleven (11) of the PLHA-Assisted Affordable Housing Units shall be available for occupancy on a continuous basis to households who are income eligible. The DEVELOPER shall not illegally discriminate or segregate in the constructed complex, the use, enjoyment, occupancy or conveyance of any part of the Project or Property on the basis of race, color, ancestry, national origin, religion, sex, marital status, family status, source of income/rental assistance subsidy, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC), sexual orientation, or any other arbitrary basis. The DEVELOPER shall otherwise comply with all applicable local, State, and federal laws concerning nondiscrimination in housing. Neither the DEVELOPER nor any person claiming under or through the DEVELOPER, shall establish or permit any such practice or practices of illegal discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants or vendees of any Affordable Unit or in connection with employment of persons for the construction of any Project Unit. All deeds or contracts made or entered into by the DEVELOPER as to the Affordable Units or the Project or portion thereof, shall contain covenants concerning nondiscrimination consistent with this section. The DEVELOPER shall include a statement in all advertisements, notices, and signs for availability of Affordable Housing Units for rent to the effect that the DEVELOPER is an Equal Housing Opportunity Provider. A. Nothing in this section is intended to require the DEVELOPER to change the character, design, use or operation of the Project; or to require the DEVELOPER to obtain licenses or permits other than those required for the Project. 8.9 Rent Schedule and Utility Allowances. The DEVELOPER covenants and agrees not to charge rent to tenants for PLHA-Assisted Housing Units in an amount which exceeds those rents prescribed to the Project as they associate with particular income and rent limitations levels as established annually by the State of California, consistent with the 24 PLHA 10/31/22 PLHA Program requirements applicable to the PLHA-Assisted Affordable Housing Units in the Fresno, California area, and further covenants not to impose a monthly allowance for utility services to tenants of such PLHA-Assisted Affordable Housing Units in excess of an amount approved by the local Housing Authority. The DEVELOPER agrees to furnish to the CITY with a certificate setting forth the maximum monthly rentals for the PLHA-Assisted Units and the monthly allowances for utilities and services to be charged during any annual period until the expiration of the Affordability Period. The DEVELOPER shall reexamine the income of each tenant Household living in the Affordable Housing Units at least annually. ARTICLE 9. INSURANCE AND INDEMNITY AND BONDS Without waiver of limitation, the parties agree as follows regarding the DEVELOPER’S Insurance and Indemnity Obligations: 9.1 Insurance Requirements. (a) Throughout the life of this Agreement, the DEVELOPER shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the DEVELOPER or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately until notice is received by the CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the CITY. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Agreement. No action taken by the CITY pursuant to this section shall in any way relieve the DEVELOPER of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the DEVELOPER shall not be deemed to release or diminish the liability of the DEVELOPER, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the DEVELOPER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the DEVELOPER, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and 25 PLHA 10/31/22 “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following: $2,000,000 per occurrence for bodily injury and property damage $2,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations $4,000,000 general aggregate applying separately to work performed under the Agreement (ii) COMMERCIAL AUTOMOBILE LIABILITY 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. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code. (iv) EMPLOYEE LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 diseased each employee. (v) BUILDERS RISK (Course of Construction) insurance, obtained by the DEVELOPER or subcontractor in an amount equal to the completion value of the Project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.) (vi) CONTRACTOR POLLUTION with coverage for bodily injury, property damage or pollution clean-up costs that could result from of pollution condition, both sudden and gradual. Including a discharge of pollutants brought to the work site, a release of pre-existing pollutants at the site, or other pollution conditions with limits of liability of not less than the following: $1,000,000 per occurrence $2,000,000 general aggregate per annual policy period In the event the work involves any lead-based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by the DEVELOPER pursuant to the PLHA Agreement. In the event the work involves any lead-based environmental hazard (e.g., lead- based paint), the DEVELOPER’s Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event the DEVELOPER involves any asbestos environmental hazard (e.g., asbestos remediation), the DEVELOPER’s Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event the PLHA Agreement involves any mold environmental hazard (e.g., mold remediation), the Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy. 26 PLHA 10/31/22 UMBRELLA OR EXCESS INSURANCE In the event the DEVELOPER purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The DEVELOPER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the DEVELOPER shall also be responsible for payment of any self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS 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 thirty (30) calendar day written notice has been given to the CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the DEVELOPER shall furnish the CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the CITY, the DEVELOPER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. The General Liability, Pollution and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability, Automobile Liability and Pollution Liability insurance policies shall name the CITY, its officers, officials, agents, employees, and volunteers as an additional insured for ongoing and completed operations. All such policies of insurance shall be endorsed so the DEVELOPER’s insurance shall be primary and no contribution shall be required of the CITY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents, and volunteers. If the DEVELOPER maintains higher limits of liability than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits of liability maintained by the DEVELOPER. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the CITY as loss payee. All insurance policies required including the Workers’ Compensation insurance policy shall contain a waiver of subrogation as to the City, its officers, officials, agents, employees, and volunteers. The DEVELOPER shall furnish the CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’s Risk Manager or his/her designee before work commences. Upon request of the CITY, the DEVELOPER shall immediately furnish the CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 27 PLHA 10/31/22 In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Agreement and the final acceptance by the CITY of the work or materials to be performed or supplied thereunder, the DEVELOPER shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the DEVELOPER or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of this Agreement. SUBCONTRACTORS If DEVELOPER subcontracts any or all of the services to be performed under this Agreement, DEVELOPER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the CITY to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the CITY Risk Manager or designee. If no Side Agreement is required, the DEVELOPER will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. 9.2 Indemnification. To the furthest extent allowed by law, the DEVELOPER shall indemnify, hold harmless and defend the 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 the CITY, the DEVELOPER or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. The DEVELOPER’s obligations under the preceding sentence shall apply regardless of whether the CITY or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused by the active negligence or by the willful misconduct of the CITY or any of its officers, officials, employees, agents, or volunteers. If DEVELOPER should subcontract all or any portion of the work to be performed under this Agreement, DEVELOPER shall require each subcontractor to indemnify, hold harmless and defend the CITY and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 9.3 Property Insurance. The DEVELOPER shall maintain in full force and effect, throughout the remaining life of this Agreement, a policy(ies) of property insurance acceptable to the CITY, covering the Project premises, with limits reflective of the value of the Project premises upon issuance of the Certificate of Completion or substantial completion of the project referenced in this agreement, including fire and Extended Comprehensive Exposure (ECE) coverage in an amount, form, substance, and quality as acceptable to the CITY’s Risk Manager. The CITY shall be added by endorsement as a loss payee thereon. 9.4 Bond Obligations. The DEVELOPER or its General Contractor shall obtain, pay for, and deliver good and sufficient payment and performance bonds along with a Primary Obligee, Co-Obligee or Multiple Obligee Rider in a form acceptable to the CITY from a corporate surety, admitted by the California Insurance Commissioner to do business in the 28 PLHA 10/31/22 State of California and Treasury-listed, in a form satisfactory to the CITY and naming the CITY as Obligee. A. The “Faithful Performance Bond” shall be at least equal to 100% of the DEVELOPER’s estimated construction costs as reflected in the DEVELOPER’s pro forma budget, attached hereto as EXHIBIT “C”, to the guarantee faithful performance of the Project, within the time prescribed, in a manner satisfactory to the CITY, consistent with this Agreement, and that all material and workmanship will be free from original or developed defects. B. The “Payment Bond” shall be at least equal to 100% of construction costs approved by the CITY to satisfy claims of material supplies and of mechanics and laborers employed for this Project. The bond shall be maintained by the DEVELOPER in full force and effect until the Project is completed and until all claims for materials and labor are paid and as required by the applicable provisions of Chapter 7, Title 15, Part 4, Division 3 of the California Civil Code. C. The “Material and Labor Bond” shall be at least equal to 100% of the DEVELOPER’s estimated construction costs as reflected in the DEVELOPER’s pro forma budget, attached hereto as EXHIBIT “C”, to satisfy claims of material supplies and of mechanics and laborers employed for this Project. The bond shall be maintained by the DEVELOPER in full force and effect until the Project is completed, and until all claims for materials and labor are paid, released, or time barred, and shall otherwise comply with any applicable provision of the California Code. D. In lieu of bonds, the Developer shall enter, or has entered, into a Fund Control Agreement (FCA) with M.A.T. Consulting, Inc. (MAT). Pursuant to the FCA, MAT shall review and approve the draw for the Project submitted by a contractor/subcontractor, and thereafter MAT shall submit a reimbursement request, consistent with this Agreement, to the City for approval. The City’s disbursement of funds to MAT shall be conditioned upon a fully executed and current FCA between the Developer and MAT. The City’s disbursement of funds shall further be conditioned upon receipt of an executed reliance letter between MAT and the City. Upon City’s disbursement of funds, MAT shall disburse funds in accordance with the FCA and the reliance letter. The City shall not be billed for any of MAT’s services. ARTICLE 10. DEFAULT AND REMEDIES 10.1 Events of Default. The parties agree that each of the following shall constitute an "Event of Default" by the DEVELOPER for purposes of this Agreement after the cure period in Section 10.2 has expired without a cure: A. The DEVELOPER’s use of PLHA Funds for costs other than Eligible Costs or for uses not permitted by the terms of this Agreement; B. The DEVELOPER’s failure to obtain and maintain the insurance coverage required under this Agreement; C. Except as otherwise provided in this Agreement, the failure of the DEVELOPER to punctually and properly perform any other covenant or agreement contained in this Agreement including without limitation the following: (1) the DEVELOPER’s material deviation in the Project work specified in the Project Description as identified in this Agreement, without the CITY’s prior written consent; (2) the DEVELOPER’s use of defective or unauthorized materials or defective 29 PLHA 10/31/22 workmanship in pursuit of the Project; (3) the DEVELOPER’s failure to commence or complete the Project, as specified in this Agreement, unless delay is permitted under Section 7.18 of this Agreement; (4) cessation of the Project for a period of more than 15 consecutive days (other than as provided at Section 7.18 of this Agreement) prior to submitting to the CITY certification that the Project is complete; (5) any material adverse change in the condition of the DEVELOPER or its development team, or the Project that gives the CITY reasonable cause to believe that the Project cannot be completed by the scheduled completion date according to the terms of this Agreement; (6) the DEVELOPER’s failure to remedy any deficiencies in record keeping or failure to provide records to the CITY upon the CITY’s request; (7) the DEVELOPER’s failure to comply with any federal, State or local laws or applicable CITY restrictions governing the Project, including but not limited to provisions of this Agreement pertaining to equal employment opportunity, nondiscrimination and lead- based paint; D. Any representation, warranty, or certificate given or furnished by or on behalf of the DEVELOPER shall prove to be materially false as of the date of which the representation, warranty, or certification was given, or that the DEVELOPER concealed or failed to disclose a material fact to the CITY, provided, however, that if any representation, warranty, or certification that proves to be materially false is due merely to the DEVELOPER’s inadvertence, the DEVELOPER shall have a 30 day opportunity after written notice thereof to cause such representation, warranty, or certification to be true and complete in every respect; E. The DEVELOPER shall file, or have filed against it, a petition of bankruptcy, insolvency, or similar law, State or federal, or shall file any petition or answer seeking, consenting to, or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief, and such petition shall not have been vacated within 90 days; or shall be adjudicated bankrupt or insolvent, under any present or future statute, law, regulation, under State or federal law, and such judgment or decree is not vacated or set aside within 90 days; F. The DEVELOPER’s failure, inability or admission in writing of its inability to pay its debts as they become due or the DEVELOPER assignment for the benefit of creditors; G. A receiver, trustee, or liquidator shall be appointed for the DEVELOPER or any substantial part of the DEVELOPER’s assets or properties, and not be removed within ten days; H. The DEVELOPER’s breach of any other material condition, covenant, warranty, promise, or representation contained in this Agreement not otherwise identified within this Section. I. Any substantial or continuous breach by the DEVELOPER of any material obligation owned by the DEVELOPER imposed by any other agreement with respect to the financing, of the Project, whether or not the CITY is a party to such agreement after expiration of all notice and cure periods contained within such document. 10.2 Notice of Default and Opportunity to Cure. The CITY shall give written notice to the DEVELOPER of any Event of Default by specifying: (1) the nature of the event or deficiency giving rise to the default; (2) the action required to cure the deficiency, if any action 30 PLHA 10/31/22 to cure is possible, and (3) a date, which shall not be less than the lesser of any time period provided in this Agreement, any time period provided for in the notice, or 30 calendar days from the date of the notice, by which such deficiency must be cured, provided that if the specified deficiency or default cannot reasonably be cured within the specified time, with the CITY’s written consent, the DEVELOPER shall have an additional reasonable period to cure so long as it commences cure within the specified time and thereafter diligently pursues the cure in good faith. The CITY acknowledges and agrees that the DEVELOPER shall have the right to cure any defaults hereunder and that notice, and cure rights hereunder shall extend to any and all partners of the DEVELOPER that are previously identified in writing delivered to the CITY in the manner provided in this Agreement. 10.3 Remedies Upon an Event of Default. Upon the happening of an Event of Default and a failure to cure said Event of Default within the time specified, the CITY’s obligation to disburse PLHA Funds shall terminate. The CITY may also at its option and without notice institute any action, suit, or other proceeding in law, in equity or otherwise, which it shall deem necessary or proper for the protection of its interests and may without limitation proceed with any or all of the following remedies in any order or combination that the CITY may choose in its sole discretion: A. Terminate this Agreement immediately upon written notice; B. Bring an action in equitable relief: (1) seeking specific performance of the terms and conditions of this Agreement, and/or (2) enjoining, abating or preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief; C. Pursue any other remedy allowed by law or in equity or under this Agreement; and ARTICLE 11. GENERAL PROVISIONS Without waiver of limitation, the parties agree that the following general provisions shall apply in the performance hereof: 11.1 Amendments. No modification or amendment of any provision of this Agreement shall be effective unless made in writing and signed by the parties hereto. The City recognizes that Senior Lender and equity investors may request revisions to the Loan Documents to be consistent with their funding and investing requirements. Therefore, the CITY agrees to consider and negotiate as to any reasonable amendments to this Agreement to address such requests, subject to approval as to form by the City Attorney’s Office. 11.2 Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 11.3 Binding on All Successors and Assigns. Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective heirs, successors, assigns, and legal representatives. 11.4 Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto. 31 PLHA 10/31/22 11.5 Disclaimer of Relationship. Nothing contained in this Agreement, nor any act of the CITY or of the DEVELOPER, or of any other person, shall in and by itself be deemed or construed by any person to create any relationship of third-party beneficiary, or of principal and agent, of limited or general partnership, or of joint venture. 11.6 Discretionary Governmental Actions. Certain planning, land use, zoning and other permits and public actions required in connection with the Project including, without limitation, the approval of this Agreement, the environmental review and analysis under CEQA or any other statute, and other transactions contemplated by this Agreement are discretionary government actions. Nothing in this Agreement obligates the CITY or any other governmental entity to grant final approval of any matter described herein. Such actions are legislative, quasi-judicial, or otherwise discretionary in nature. The CITY cannot and does not commit in advance that it will give final approval to any matter. The CITY shall not be liable, in contract, law or equity, to the DEVELOPER or any of its executors, administrators, transferees, successors-in-interest or assigns for any failure of any governmental entity to grant approval on any matter subject to discretionary approval. 11.7 Effective Date. This Agreement shall be effective upon the date first above written, upon the CITY and the DEVELOPER’s complete execution following City Council approval and recordation of related documents. 11.8 Entire Agreement. This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral. 11.9 Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 11.10 Expenses Incurred Upon Event of Default. The DEVELOPER shall reimburse the CITY for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by the CITY as a result of one or more Events of Default by the DEVELOPER under this Agreement. 11.11 Governing Law and Venue. Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Fresno, California. 11.12 Headings. The headings of the articles, sections, and paragraphs used in this Agreement are for convenience only and shall not be read or construed to affect the meaning or construction of any provision. 11.13 Interpretation. This Agreement in its fully executed form is the result of the combined efforts of the parties. Any ambiguity will not be construed in favor or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 11.14 No Assignment or Succession. The DEVELOPER shall not sell, transfer, assign or otherwise dispose of all or a material part of any interest it might hold in the Property without the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, upon prior written notice to the CITY, the DEVELOPER shall be permitted to assign its rights and obligation under this Agreement with respect to the Project and to the Partnership without the CITY’s consent. 32 PLHA 10/31/22 11.15 No Third-Party Beneficiary. No contractor, subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by the DEVELOPER shall be, nor shall any of them be deemed to be, third-party beneficiaries of this Agreement, but each such person shall be deemed to have agreed: (a) that they shall look to the DEVELOPER as their sole source of recovery if not paid, and (b) except as otherwise agreed to by the CITY and any such person in writing, they may not enter any claim or bring any such action against the CITY under any circumstances. Except as provided by law, or as otherwise agreed to in writing between the CITY and such person, each such person shall be deemed to have waived in writing all right to seek redress from the CITY under any circumstances whatsoever. 11.16 No Waiver. Neither failure nor delay on the part of the CITY in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the DEVELOPER therefrom shall be effective unless the same shall be in writing, signed on behalf of the CITY by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the DEVELOPER in any case shall entitle the DEVELOPER to any other or further notices or demands in similar or other circumstances or constitute a waiver of any of the CITY's right to take other or further action in any circumstances without notice or demand. 11.17 Nonreliance. The DEVELOPER hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on the CITY, its agents, employees, or attorneys in entering into this Agreement. 11.18 Notice. Any notice to be given to either party under the terms of this Agreement shall be given by certified United States mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties. If to the CITY: City of Fresno Planning and Development Department Housing and Community Development Division 2600 Fresno Street, Room 3065 Fresno, CA 93721-3605 If to DEVELOPER: Broadway Plaza Family Apartments, LP Attn.: Eugene Kim c/o Broadway Plaza-H, LLC 770 S. Irolo Street, Suite 1000 Los Angeles, CA 90005 11.19 Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control. 11.20 Recording of Documents. The DEVELOPER agrees to cooperate with the CITY and execute any documents required, promptly upon the CITY’s request, and to promptly effectuate the recordation of this Agreement, the Declaration of Restrictions, the 33 PLHA 10/31/22 Deed of Trust, and any other documents/instruments that the CITY requires to be recorded, in the Official Records of Fresno County, California, consistent with this Agreement. 11.21 Remedies Cumulative. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law. 11.22 Severability. The invalidity, illegality, or un-enforceability of any one or more of the provisions of this Agreement shall not affect the validity, legality, or enforceability of the remaining provisions hereof or thereof. [SIGNATURE PAGE TO FOLLOW] EXHIBIT “A” PROPERTY DESCRIPTION EXHIBIT “B” PROJECT DESCRIPTION AND SCHEDULE I. PROJECT DESCRIPTION The Hotel Fresno Apartments Project consists of the construction of up 81 units, interior, exterior, and on-site and off-site improvements, and amenities. Of the up to 81 total units in the project, 11 will be reserved for lower income eligible households earning up to 80% of area median income. One two--bedroom unit will be reserved for an on-site property manager. The project site is 1241-1263 Broadway Plaza, Fresno, CA 93721 (APN: 466-214-31/32). PLHA Funds will be made available by the CITY for payment of PLHA eligible rehabilitation/construction costs not to exceed One Million Five Hundred Thousand Dollars and 00/100 ($1,500,000) for the 11 PLHA-assisted Units as determined by the CITY, as needed, for PLHA eligible Project rehabilitation/construction costs. II. PROJECT SCHEDULE A. Commencement of Rehabilitation/Construction: June 2019 B. Completion of Rehabilitation/Construction: August 2023 C. Lease Up: April 2023-July 2023 EXHIBIT “C” PROJECT BUDGET EXHIBIT “D” EXEMPLAR DECLARATION OF RESTRICTIONS Recorded at the Request of and When Recorded Return to: City of Fresno Planning and Development Dept. Housing and Community Development Division 2600 Fresno Street, Room 3065 Fresno, CA 93721-3605 (SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY) The document is exempt from the payment of a recording fee in accordance with Government Code Sections 6103 and 27383. APN: 466-214-31/32 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS (Declaration) is executed as of this _____ day of _April_____, 2023, by the Broadway Plaza Family Apartments, LP (DECLARANT), in favor of the CITY OF FRESNO, a California municipal corporation (CITY). WHEREAS, the DECLARANT is the owner of the real estate in the City of Fresno, County of Fresno, California, located 1241-1263 Broadway Plaza, Fresno, CA 93721 (APN: 466-214-31/32 which is more particularly described in EXHIBIT “A” – Property Description, attached hereto and made a part hereof, including the improvements thereon (Property); and WHEREAS, pursuant to a certain City of Fresno Permanent Local Housing Allocation Agreement dated April _______, 2023, incorporated herein by reference (PLHA Agreement) and instruments referenced therein, the DECLARANT agrees to utilize, and the CITY agrees to provide, certain PLHA funds from the State of California (SB 2, Atkins), to the DECLARANT and the DECLARANT agrees to rehabilitate eleven (11) rental housing units as Affordable Housing Units available as Acutely Low- and Low-Income rental house, subject to the terms and conditions set forth in the PLHA Agreement households earning 30% to 80% of the area median income for the Fresno Metropolitan Statistical Area. WHEREAS, the PLHA regulations promulgated by the State of California and the PLHA Agreement impose certain affordability requirements upon property owned by the DECLARANT, which affordability restrictions shall be enforceable for a 55-year period; and WHEREAS, these restrictions are intended to bind the DECLARANT, and all purchasers of the Property and their successors. NOW THEREFORE, the DECLARANT declares that the Property is held and will be held, transferred, encumbered, used, sold, conveyed and occupied subject to the covenants, restrictions, and limitations set forth in this Declaration, all of which are declared and agreed to be in furtherance of the Project. All of the restrictions, covenants and limitations will run with the land and will be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof, will inure to the benefit of the CITY, and will be enforceable by it. Any purchaser under a contract of sale covering any right, title or interest in any part of the Property, by accepting a deed or a contract of sale or agreement of purchase, accepts the document subject to, and agrees to be bound by, any and all restrictions, covenant, and limitations set forth in this Declaration commencing on the date the DECLARANT has provided the CITY with a recorded Notice of Completion, constituting the commencement of the 55-year Affordability Period. 1. Declarations. The DECLARANT hereby declares that the Property is and shall be subject to the covenants and restrictions hereinafter set forth, all of which are declared to be in furtherance of the Project and the PLHA Agreement and are established and agreed upon for the purpose of enhancing and protecting the value of the Property and in consideration of the CITY entering into the PLHA Agreement with the DECLARANT. 2. Restrictions. The following covenants and restrictions on the use and enjoyment of the Property shall be in addition to any other covenants and restrictions affecting the Property, and all such covenants and restrictions are for the benefit and protection of the CITY and shall run with the Property and be binding on any future owners of the Property and inure to the benefit of and be enforceable by CITY. These covenants and restrictions are as follows: a. The DECLARANT for itself and its successor(s) on title covenants and agrees that from the date the Project is complete, until the expiration of the Affordability Period, shall cause 11 Affordable Housing Units to be used as rental affordable housing to Acutely Low- to Low-Income Households with an income of 30% to 80%, of area median income. The DECLARANT further agrees to file a recordable document setting forth the Project Completion Date when determined by the CITY. Unless otherwise provided in the Agreement, the term Affordable Housing Unit shall include, without limitation, compliance with the following requirements: i. Nondiscrimination. There shall be no discrimination against nor segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, national origin, ancestry, or handicap in the sale, transfer, use, occupancy, tenure, or enjoyment of any of the Property, nor shall the DECLARANT establish or permit any practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of owners or vendees of the Project and/or Property. ii. Principal Residence. The PLHA-Assisted Units constituting the Affordable Housing Units upon the Project Property shall be leased only to eligible natural persons, who shall occupy the Affordable Housing Units as the tenants’ principal place of residence. The forgoing requirement that the tenant of unit occupy the unit as their principal residence does not apply to (i) persons, other than natural persons, who acquire the Project Property or portion thereof by foreclosure or deed in lieu of foreclosure; or State qualified entities that acquire the Property or portion thereof with the consent of the CITY. iii. Household Income Requirements. The 11 Affordable Housing Units constructed on the Project Property may be rented only to a natural person(s) whose annual Household income at the time of rental is not greater 80% of the most recent annual median income as provided for on the State of California website for Fresno County and applicable to such household’s size. Item (a) above is hereinafter referred to as the Covenant and Restriction. 3. Enforcement of Restrictions. Without waiver or limitation, the CITY shall be entitled to injunctive or other equitable relief against any violation or attempted violation of any Covenant and Restriction. 4. Acceptance and Ratification. All present and future owners of the Property and other persons claiming by, through, or under them shall be subject to and shall comply with the Covenant and Restriction. The acceptance of a deed of conveyance to the Property shall constitute an agreement that the Covenant and Restriction, as may be amended or supplemented from time to time, are accepted and ratified by future owners, tenant or occupant, and such Covenant and Restriction shall be a covenant running with the land and shall bind any person having at any time any interest or estate in the Property, all as though such Covenant and Restriction was recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. Notwithstanding the foregoing, upon foreclosure by a lender or other transfer in lieu of foreclosure, the Affordability Period shall be terminated unless the foreclosure or other transfer in lieu of foreclosure or assignment recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid the termination of low-income affordability. However, the requirements with respect to Affordable Housing Unit shall be revived according to their original terms, if during the original Affordability Period, the owner of record before the foreclosure or other transfer, or any entity that includes the former owner of those with whom the former owner has or had formally, family or business ties, obtains an ownership interest in the Project or the Property, the Affordability Period shall be revived according to its original terms. 5. Benefit. This Declaration shall run with and bind the Property for a term commencing on the date the Notice of Completion is recorded and provided to the CITY, until the expiration of the 55-year Affordability Period. The failure or delay at any time of CITY and/or any other person entitled to enforce this Declaration shall in no event be deemed a waiver of the same, or of the right to enforce the same at any time or from time to time thereafter, or an estoppel against the enforcement thereof. 6. Costs and Attorney’s Fees. In any proceeding arising because of failure of the DECLARANT or any future owner of the Property to comply with the Covenant and Restriction required by this Declaration, as may be amended from time to time, the CITY shall be entitled to recover its respective costs and reasonable attorney’s fees incurred in connection with such default or failure. 7. Waiver. Neither the DECLARANT nor any future owner of the Property may exempt itself from liability for failure to comply with the Covenant and Restriction required in this Declaration; provided however, that upon the transfer of the Property, the transferring owner may be released from liability hereunder, upon the CITY’s written consent of such transfer, which consent shall not be unreasonably withheld, conditioned or delayed. 8. Severability. The invalidity of the Covenant and Restriction or any other covenant, restriction, condition, limitation, or other provision of this Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the rest of this Declaration and each shall be enforceable to the greatest extent permitted by law. 9. Pronouns. Any reference to the masculine, feminine, or neuter gender herein shall, unless the context clearly requires the contrary, be deemed to refer to and include all genders. Words in the singular shall include and refer to the plural, and vice versa, as appropriate. 10. Interpretation. The captions and titles of the various articles, sections, subsections, paragraphs, and subparagraphs of this Declaration are inserted herein for ease and convenience of reference only and shall not be used as an aid in interpreting or construing this Declaration or any provision hereof. 11. Amendments or Modifications. No amendments or modifications shall be permitted without the prior written consent of the CITY and the DECLARANT. 12. Recordation. The DECLARANT acknowledges that this Declaration will be filed at the County of Fresno Recorder’s Office, State of California. 13. Capitalized Terms. All capitalized terms used in this Declaration, unless otherwise defined herein, shall have the meanings assigned to such terms in the PLHA Agreement. 14. Headings. The headings of the articles, sections, and paragraphs used in this Declaration are for convenience only and shall not be read or construed to affect the meaning or construction of any provision. // IN WITNESS WHEREOF, DECLARANT has executed this Declaration of Restrictions on the date first written above. DECLARANT: Broadway Plaza Family Apartments, LP a California limited partnership By: Broadway Plaza-H, LLC a California limited liability company By: APEC International, LLC a California limited liability company Managing Member By: Name: Eugene Kim Title: Manager (Attach notary certificate of acknowledgment) Date: EXHIBIT “A” Legal Description To Declaration of Restrictions EXHIBIT “E” - PROMISSORY NOTE DO NOT DESTROY THIS NOTE: When paid, this note, must be surrendered to Borrower for Cancellation. _______________________________________________________________________________ PROMISSORY NOTE Secured by Deed of Trust Loan Amount: $1,500,000.00 Date: ________________ Fresno, California For value received, the undersigned, Broadway Plaza Family Apartments, LP (BORROWER), promises to pay to the order of the City of Fresno, a California municipal corporation, (Lender), the sum of One Million Five Hundred Thousand Dollars ($1,500,00) , to the extent that such funds are loaned to the BORROWER, with interest on the unpaid principal balance running from the date of disbursement with simple interest at the rate of three percent (3%) annually in accordance with the Permanent Local Housing Allocation Agreement dated April _____, 2023, entered into between the Lender and the BORROWER, (Agreement), with the balance of principal and interest due and payable on or before the earlier of (i) the BORROWER’s uncured default under the Agreement with respect to the Affordable Housing Project, and (ii) 55-years from the date of this Note (Maturity Date), on which date the unpaid balance of principal with unpaid interest thereon shall be due and payable, along with attorney’s fees and costs of collection, and without relief from valuation and appraisement laws. This is a Residual Receipts Note. Principal and interest payments equal to 20% of annual 100% of Residual Receipts, to the extent that Residual Receipts exist and are itemized in annual audited financial statements supplied to Lender with each payment hereunder, shall be due 180 days following the end of the year in which the Affordable Housing Project is completed, and said payment continues each successive year thereafter until the Maturity Date, upon which all principal and interest shall be due and payable (prorated amounts to be paid for the first and last year of the Note). Any failure to make a payment required hereunder within ten days after such payments are due shall constitute a default under the Permanent Local Housing Allocation Agreement with respect to the Affordable Housing Project and this Note. It shall not be a default hereunder if no payment was made because the Project Residual Receipts did not exist for any particular year. Additionally, any failure to timely submit to Lender annual audited financial statements with the management notes and residual receipts calculation within 30 days after such financial statements are due shall constitute a default under the Agreement with respect to the Project and Note. Residual Receipts means in each operating year 100% of the sum of: (i) all cash received by the Affordable Housing Project from rents, lease payments, and all sources generally considered in the apartment industry to be “other income” (which does not include payments for optional services provided by BORROWER), (ii) payments under a Housing Assistance Program Section 8 Contract (or tenant vouchers) or Section 811 Contract, if any, excluding tenant security or other deposits required by law to be segregated and restricted, and interest on reserves not available for distribution, and the net proceeds of any insurance (including rental interruption insurance), other than fire and extended coverage and title insurance, to the extent not reinvested, less the sum of: (i) all payments on account of any loans (including unpaid principal and accrued reasonable interest) made for the benefit of the Project by the BORROWER, (ii) contributions to any prudent and reasonable cash reserves for working capital, operating expenses, capital expenditures, repairs, replacements and anticipated expenditures, in such amounts as may be reasonably required by the lenders to the Project for the operation of the Project not to exceed the amount required by the Project’s permanent lender, annually adjusted in proportion to the average increase of the following indices (a) the United States Bureau of Labor Statistics for Hourly Wage Rates of all workers in manufacturing, and (b) of all Commodity Wholesale Prices, said indices shall be re-defined to the mutual satisfaction of the parties in the event of change in form and basis of indices, all increases shall use the indices for calendar year 2010 as their base; and (iii) the payment of principal and interest, and any associated fees, expenses, and costs, with respect to the senior Financing. Operating Expenses means actual, reasonable and customary (for comparable quality, rehabilitated rental housing developments in Fresno County) costs, fees and expenses directly incurred, paid, and attributable to the operation, maintenance and management of the Affordable Housing Project in a calendar year, including, without limitation: painting, cleaning, repairs, alterations, landscaping, utilities, refuse removal, certificates, permits and licenses, sewer charges, real and personal property taxes, assessments, insurance, security, advertising and promotion, janitorial services, cleaning and building supplies, purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishings which are not paid from the capital replacement reserve, fees and expenses of property management and common area expenses, fees and expenses of accountants, attorneys and other professionals, the cost of social services, repayment of any completion or operating loans including any and all deferred fees (including developer fees and contractor fees) per the Budget, made to the BORROWER, its successors or assigns, and other actual operating costs and capital costs which are incurred and paid by the BORROWER, but which are not eligible for payment from reserve accounts. All capitalized terms used in this Note, unless otherwise defined, will have the respective meanings specified in the Agreement. In addition, as used in this Note, the following terms will have the following meanings: Business Day means any day other than Saturday, Sunday, or public holiday or the equivalent for banks generally under the laws of California. Whenever any payment to be made under this Note is stated to be due on a day other than a Business Day, that payment may be made on the next succeeding Business Day. Note Maturity Date means 55 years from the Note date. This Note, and any extensions or renewals hereof, is secured by a Deed of Trust and Assignment of Rents, on real estate in Fresno County, California, that provides for acceleration upon stated events, dated as of the same date as this Note, and executed in favor of and delivered to the Lender (Deed of Trust), insured as a 4th position lien on the Property. Time is of the essence. It will be a default under this Note if the BORROWER defaults under the Agreement, any other Loan Document with the Lender, or this Note and such default continues beyond the notice and cure period as provided in such documents. In the event of a default by the BORROWER with respect to any sum payable under this Note and the failure to cure such default within 10 days, the BORROWER shall pay a late charge equal to the lesser of 2 percent of any outstanding payment or the maximum amount allowed by law. All payments collected shall be applied first to payment of any costs, fees or other charges due under this Note or any other Loan Documents then to the interest and then to principal balance. On the occurrence of an uncured default or on the occurrence of any other event that under the terms of the Loan Documents give rise to the right to accelerate the balance of the indebtedness, then, at the option of Lender, this Note or any notes or other instruments that may be taken in renewal or extension of all or any part of the indebtedness will immediately become due without any further presentment, demand, protest, or notice of any kind. Lender acknowledges and agrees that it shall send notice of any default hereunder to the limited partners of the BORROWER and shall accept any cure offered by such limited partners on the same basis as it would accept a cure from Borrower. The indebtedness evidenced by this Note may, at the option of the BORROWER, be prepaid in whole or in part without penalty. Lender will apply all the prepayments first to the payment of any costs, fees, late charges, or other charges due under this Note or under any of the other Loan Documents and then to the interest and then to the principal balance. All Loan payments are payable in lawful money of the United States of America at any place that Lender or the legal holders of this Note may, from time to time, in writing designate. The BORROWER agrees to pay all costs including, without limitation, reasonable attorney fees, incurred by the holder of this Note in the successful enforcement of payment, whether or not suit is filed, and including, without limitation, all costs, reasonable attorney fees, and expenses incurred by the holder of this Note in connection with any bankruptcy, reorganization, arrangement, or other similar proceedings involving the BORROWER that in any way affects the exercise by the holder of this Note of its rights and remedies under this Note. All costs incurred by the holder of this Note in any action undertaken to obtain relief from the stay of bankruptcy statutes are specifically included in those costs and expenses to be paid by the BORROWER. Any notice, demand, or request relating to any matter set forth herein shall be in writing and shall be given as provided in the Agreement. No delay or omission of the Lender in exercising any right or power arising in connection with any default will be construed as a waiver or as acquiescence, nor will any single or partial exercise preclude any further exercise. The Lender may waive any of the conditions in this Note and no waiver will be deemed to be a waiver of the Lender’s rights under this Note, but rather will be deemed to have been made in pursuance of this Note and not in modification. No waiver of any default will be construed to be a waiver of or acquiescence in or consent to any preceding or subsequent default. The Deed of Trust provides as follows: Except as provided herein or in the Agreement, if the Trustor/Grantor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of the Beneficiary being first had and obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable. The Lender may transfer this Note and deliver to the transferee all or any part of the Property then held by it as security under this Note, and the transferee will then become vested with all the powers and rights given to the Lender; and the Lender will then be forever relieved from any liability or responsibility in the matter, but the Lender will retain all rights and powers given by this Note with respect to Property not transferred. If any one or more of the provisions in this Note is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. This Note will be binding on and inure to the benefit of the BORROWER, Lender, and their respective successors and assigns. The BORROWER and Lender agree that this Note will be deemed to have been made under and will be governed by the laws of California in all respects, including matters of construction, validity, and performance, and that none of its terms or provisions may be waived, altered, modified, or amended except as the Lender and BORROWER may consent to in a writing duly signed by the BORROWER or Lender or its authorized agents. This Note shall be nonrecourse to the BORROWER and all its constituent members and may be prepaid at any time without penalty. Neither the BORROWER nor any of its general and limited partners shall have any personal liability for repayment of the Loan. The sole recourse of the Lender under the Loan Documents for repayment of the Loan shall be the exercise of its rights against the Property pursuant to the Deed of Trust and the Lender shall have no right to seek or recover any deficiency amount from the BORROWER or any partner of the BORROWER. // IN WITNESS WHEREOF, the BORROWER has caused this Promissory Note to be executed as of the date and year first above written. Broadway Plaza Family Apartments, LP a California limited partnership Date: By: Broadway Plaza-H, LLC a California limited liability company By: APEC International, LLC a California limited liability company Managing Member By: Name: Eugene Kim Title: Manager (Attach notary certificate of acknowledgment) EXHIBIT “F” - EXEMPLAR DEED OF TRUST Recorded at the Request of and When Recorded Return to: City of Fresno Planning and Development Department Housing and Community Development Division 2600 Fresno Street, Room 3065 Fresno, CA 93721-3605 (SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY) TITLE ORDER NO.___________________ ESCROW NO._________________________ A.P.N.: 466-214-31/32 DEED OF TRUST ASSIGNMENT OF RENTS THIS DEED OF TRUST (Deed of Trust) made this __ day of April______, 2023, by and between Broadway Plaza Family Apartments, LP (Borrower), Commonwealth Land Title Company, a California Corporation (Trustee), and the City of Fresno, a Municipal Corporation organized and existing under the laws of the State of California whose address is 2600 Fresno Street, Fresno, California 93721 (Beneficiary and Lender). The Borrower, in consideration of the indebtedness herein recited and the trust herein created, does irrevocably grant and convey to Trustee, in trust, with power of sale, all the Borrower’s right, title, and interest now owned or hereafter acquired in the real property (Land) known as 1241-1263 Broadway Plaza, Fresno, CA 93721, located in Fresno County, California and more particularly described in the Attached EXHIBIT “A”, incorporated by reference (the Borrower agrees that any greater to the Land later acquired during the term of this Deed of Trust will be subject to this Deed of Trust), together with the rents, issues, and profits, subject however, to the right, power, and authority granted and conferred on the Borrower in this Deed of Trust to collect and apply the rents, issues, and profits; and The Borrower also irrevocably grants, transfers, and assigns to the Trustee, in trust, with power of sale, all of the Borrower’s right, title and interest now owned or later for and located at the Property: (1) All buildings (Buildings) and improvements now or later on the land and all easements, rights, appurtenances, water and water rights, minerals and mineral rights; all machinery, equipment, appliances, and fixtures for the generation or distribution of air, water, heat, electricity, light, fuel, or refrigeration or for ventilating or sanitary purposes or for the exclusion of vermin or insects or for the removal of dust, refuse, or garbage; all wall safes, built-in furniture, and installations, window shades and blinds, light fixtures, fire hoses and brackets, screens, linoleum, carpets, furniture, furnishings, fixtures, plumbing, laundry tubs and trays, refrigerators, heating units, stoves, water heaters, incinerators, and communication systems and installations for which any Building is specially designed; all of these item, whether now or later installed, being declared to be for all purposes of this Deed of Trust a part of the Land, the specific enumerations in this Deed of Trust not excluding the general; and (2) The rents, issues, profits, and proceeds relating to the foregoing; and (3) The Property to the extent not included on clauses (1) and (2) above. TO SECURE, in order of priority that the Beneficiary determines: (1) Payment of the indebtedness evidenced by a note of the Borrower of even date with this Deed of Trust in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000) (Note), payable to the Beneficiary or order, and all extensions, modifications, or renewals of that note; (2) Payment of the interest on that indebtedness according to the terms of the Note; (3) Payment of all other sums (with interest as provided herein) becoming due and payable to the Beneficiary or the Trustee pursuant to the terms of this Deed of Trust; (4) Performance of every obligation contained in this Deed of Trust, the Note, the PLHA Agreement dated the ___ of ____,2023, and its related documents, the Declaration of Restrictions dated the ___ of ______, 2023, any instrument now or later evidencing or securing any indebtedness secured by this Deed of Trust, and any agreements, supplemental agreements, or other instruments of security executed by Borrower as of the same date of this Deed of Trust or at any time subsequent to the date of this Deed of Trust for the purpose of further securing any indebtedness amending this Deed of Trust or any instrument secured by this Deed of Trust (collectively the Loan Documents); and (5) Payment of all other obligations owed by Borrower to Beneficiary that by their terms recite that they are secured by this Deed of Trust, including those incurred as primary obligor or as guarantor. The Borrower covenants that the Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. The Borrower covenants that the Borrower will forever warrant and will defend the grant made in this Deed of Trust against all claims and demands, subject to encumbrances of record. The Borrower covenants that the Borrower will maintain and preserve the lien of this Deed of Trust until all the indebtedness under the Note is paid in full. The Borrower represents and warrants to the Beneficiary that as of the date of this Deed of Trust, the Borrower is a validly existing and is in good standing under the laws of the State of California and is qualified to do business in the State of California; that the Borrower has the requisite power and authority to own, develop, and operate the property; and that the Borrower is in compliance with all laws, regulations, ordinances, and orders of public authorities applicable to it. The Borrower represents and warrants to the Beneficiary that as of the date of this Deed of Trust the execution, delivery, and performance by the Borrower and the borrowings evidenced by the Note are within the power of the Borrower; have been duly authorized by all requisite corporate or partnership actions, as appropriate; has received all necessary governmental approvals; and will not violate any provision of law, any order of any court or agency of government, the charter documents of the Borrower, or any indenture, agreement, or any other instrument to which the Borrower is a party or by which the Borrower or any of it property is bound, nor will they conflict with, result in a breach of, or constitute (with due notice and lapse of time) a default under any indenture, agreement, or other instrument, or result in the creation or imposition of any lien, charge, or encumbrance of any nature on any of the property or assets of the Borrower, except as contemplated by the provisions of the Loan Documents; and each of the Loan Documents, when executed and delivered to the Beneficiary, will constitute a valid obligation, enforceable in accordance with its terms. The Borrower represents and warrants to the Beneficiary that as of the date of this Deed of Trust that the Property is not used principally for agricultural or grazing purposes; that the Borrower is engaged in the development and operation of Improvements to the Property; and that the principal purpose of the PLHA Loan is the rehabilitation/construction of affordable housing and improvements to the Property. UNIFORM COVENANTS. The Borrower and the Lender covenant and agree as follows: 1. Payment of Principal. The Borrower shall promptly pay when due the principal indebtedness evidenced by the Note. The Lender shall reuse repayments consistent with Section 301 of the PLHA guidelines. 2. Hazard Insurance. The Borrower, at its sole cost and expense, for the mutual benefit of the Borrower and Beneficiary, shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as the Lender may require and in such amounts and for such periods as the Lender may require as set forth in the PLHA Agreement referenced above. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender; provided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within 30 days from the date notice is mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 3. Preservation and Maintenance of Property. Leaseholds; Condominiums; Planned Unit Developments. The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, the Borrower shall perform all of the Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 4. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects the Lender's interest in the Property, then the Lender, at the Lender's option, upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest. If the Lender requires mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with the Borrower's and Lender's written agreement or applicable laws. Any amounts disbursed by the Lender pursuant to this Paragraph 4 shall become additional indebtedness of the Borrower secured by this Deed of Trust. Unless the Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this paragraph 4 shall require the Lender to incur any expense or take any action hereunder. 5. Inspection. The Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that the Lender shall provide the Borrower notice prior to any such inspection specifying reasonable cause therefore related to the Lender's interest in the Property. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 7. Borrower Not Released; Forbearance By Lender Not a Waiver. The extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by the Lender to any successor in interest of the Borrower shall not operate to release, in any manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust be reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be waiver of or preclude the exercise of any such right of remedy. 8. Successors and Assignees Bound; Joint and Several Liability; Co-Signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the respective successors and assignees of the Lender and the Borrower. All covenants and agreements of the Borrower shall be joint and several. Any borrower who co-signs this Deed of Trust, but does not execute the Note is: (a) co-signing this Deed of Trust only to grant and convey that the Borrower's interest in the Property of Trustee under the terms of this Deed of Trust, and (b) not personally liable on the Note or under this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 9. Transferability. One of the inducements to the Beneficiary for making the Loan is the identity of the Borrower. The existence of any interest in the Property other than the interests of the Borrower and Beneficiary and any encumbrance permitted in this Deed of Trust, even though subordinate to the security interest of the Beneficiary, and the existence of any interest in the Borrower other than those of the present owners, would impair the Property and the security interest of the Beneficiary, and, therefore, except as provided herein or in the Loan Documents, the Borrower will not sell, convey, assign, transfer, alienate, or otherwise dispose of its interest in the Property, either voluntarily or by operation of law, or agree to do so, without the prior written consent of the Beneficiary. The consent to one transaction by the Beneficiary will not be deemed a waiver of the right to require consent to further or successive transactions. If the Borrower is a corporation, any sale, transfer, or disposition of 50 percent or more of the voting interest of the Borrower or of any entity that directly or indirectly owns or controls the Borrower, including, without limitation, the parent company of the Borrower, and the parent company of the parent company of the Borrower, will constitute a sale of the Property for purposes of this article. If the Borrower is a partnership any change or addition of a general partner of the Borrower, change of a partnership interest of the Borrower with the exception of a limited partner transfer, which shall not require the Beneficiary’s consent, or sale, transfer, or disposition of 50 percent or more of the voting interest or partnership interest of any general partner of the Borrower or of any corporation, partnership or entity that directly or indirectly owns or controls any general partner of the Borrower, including, without limitation, each parent company of a general partner of the Borrower and each parent company of any parent company of a general partner of the Borrower, will constitute a sale of the Property for purposes of this section. If the Borrower is a limited liability company, any change of the manager or any sale, transfer or disposition of 50 percent or more of the partnership interests of the Borrower, or disposition of 50 percent or more of the voting interest of the Borrower or of any corporation, partnership or entity that directly or indirectly owns or controls any member of the Borrower, including without limitations, each parent company of the Borrower and each parent company of any parent company of a member of the Borrower, will constitute a sale of the Property for purposes of this section. Any transaction in violation of this section will cause all Indebtedness, irrespective of the maturity dates, at the option of the Beneficiary and without demand or notice, immediately to become due, together with any prepayment premium in accordance with the terms of the Note except as prohibited by law. 10. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to the Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein, and (b) any notice to the lender shall be given by certified mail to the Lender's address stated herein or to such other address as the Lender may designate by notice to the Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to the Borrower or Lender when given in the manner designated herein. 11. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust or if the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses", and "attorney's fees" include all sums to the extent not prohibited by applicable law or limited herein. 12. Borrower's Copy. The Borrower shall be furnished a copy of the Note and a conformed copy of the recorded Deed of Trust at the time of execution or after recordation thereof. 13. Acceleration; Remedies. Upon the Borrower's breach of any covenant or agreement of the Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, the Note or the PLHA Program restrictions, the Lender prior to acceleration shall give notice to the Borrower as provided in paragraph 10 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date notice is mailed to the Borrower, by which such breach must be cured or 30 days for a non-monetary default; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform the Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, the Lender, at the Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 13, including, but not limited to, reasonable attorney's fees. If the Lender invokes the power of sale, the Lender shall execute or cause the Trustee to execute a written notice of the occurrence of an event of default and of the Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. The Lender or the Trustee shall mail copies of such notice in the manner prescribed by applicable law. The Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, the Trustee, without demand on the Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. The Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. The Lender or the Lender's designee may purchase the Property at any sale. The Trustee shall deliver to the purchaser the Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. The Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person, persons, or entities legally entitled thereto. 14. Borrower's Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Deed of Trust due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) the Borrower pays the Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) the Borrower pays all reasonable expenses incurred by the Lender and Trustee in enforcing the covenants and agreements of Borrower in paragraph 13 hereof, including but not limited to, reasonable attorney's fees; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by the Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 15. Nonrecourse. The sole recourse of the Lender under the Loan Documents for repayment of the Note shall be the exercise of its rights against the Property. 16. Withdrawal, Removal and/or Replacement. The General partner of the Borrower pursuant to the terms of a partnership agreement due to violation by a general partner of the terms of a partnership agreement, or a voluntary withdrawal from a partnership by a general partner, and any transfer of limited partnership interest or interests in the same, shall not constitute a default under any of the Loan Documents, and any such actions shall not accelerate the maturity of the loan. 17. Lien of Deed of Trust. The Beneficiary agrees that the lien of this Deed of Trust shall be subordinated to any senior lender housing commitment (as such term is defined in Section (42(h)(6)(B) of the internal Revenue Code) (the Extended Use Agreement) recorded against the Property, provided that such Extended Use Agreement, by its terms, must terminate upon foreclosure under this Deed of Trust or upon a transfer of the Property by instrument of lieu of foreclosure, in accordance with Section 42(h)(6)(E) of the Internal Revenue Code, subject to the limitations upon evictions, terminations of tenancies and increases in gross rents of tenants of low-income units as provided in that Section. 18. Assignment of Rent; Appointment of Receiver; Lender in Possession. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under paragraph 13 or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 13 hereunder or abandonment of the Property, the Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the Lender or the receiver shall be applied first to premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. The Lender and the receiver shall be liable to account only for those rents actually received. 19. Release of Deed and Note. Upon payment of all sums secured by this Deed of Trust, the Lender shall request the Trustee to surrender this Deed of Trust, and the notes evidencing indebtedness secured by this Deed of Trust to Trustee. 20. Substitute Trustee. At the Lender's option, the Lender may from time to time, appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by the Lender and recorded in the Fresno County Recorder's Office. The instrument shall contain the name of the original the Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 21. Statement of Obligation. The Lender may collect a fee not to exceed fifty dollars ($50.00) for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. 22. Event of Default. Prior to declaring or taking any remedy permitted under Loan Documents, (where applicable) the Borrower’s limited partners shall have an additional period of not less than 30 days to cure such alleged default. Notwithstanding the foregoing, in the case of a default that cannot with reasonable diligence be remedied or cured within 30 days, the Borrower’s limited partners shall have such additional time as reasonably necessary to remedy or cure such default, but in no event more than 90 days from the expiration of the initial 30 day period above, and if the Borrower’s limited partners reasonably believe that in order to cure such default, the Borrower’s limited partners must remove one or both of the Borrower’s general partners in order to cure such default, the Borrower’s limited partners shall have an additional 30 days following the effective date of such removal to cure such default. To the extent that there is a conflict between this paragraph 22 and any remedy permitted by the PLHA Agreement, Loan Documents, or Loan, the terms of this paragraph 22 shall control. The following events are each an “Event of Default”: (a) Default in the payment of any sum of principal or interest when due under the Note or any other sum due under the Loan Documents. (b) Failure to maintain insurance as provided in Section 2 hereof. (c) The failure (without cure during the applicable period, if any, for cure) of any the Borrower to observe, perform, or discharge any obligation, term, covenant, or condition of any of the Loan Documents, any agreement relating to the Property, or any agreement or instrument between any Loan Party and the Beneficiary. (d) The assignment by the Borrower, as lessor or sublessor, as the case may be, of the rents or the income of the Property or any part of it (other than to Beneficiary) without first obtaining the written consent of the Beneficiary. (e) The following events: (i) the filing of any claim or lien against the Property or any party of it, whether or not the lien is prior to this Deed of Trust, and the continued maintenance of the claim or lien for a period of 30 days without discharge, satisfaction, or adequate bonding in accordance with the terms of this Deed of Trust; (ii) the existence of any interest in the Property other than those of the Borrower, Beneficiary, any tenants of the Borrower, and any one listed in a title exception approved by the Beneficiary in writing; or (iii) the sale, hypothecation, conveyance, or other disposition of the Property except with the express written approval of the Beneficiary, any of which will be an Event of Default because the Borrower’s obligation to own and operate the Property is one of the inducements to the Beneficiary to make the Loan; (f) Default under any agreement to which the Borrower is a party, which agreement relates to the borrowing of money by the Borrower from Beneficiary. (g) Any presentation or warranty made by any Loan Party or any other Person under this Deed of Trust or in, under, or pursuant to the Loan Documents, is false or misleading in any material respect as of the date on which the representation or warranty was made. (h) Any of the Loan Documents, at any time after their respective execution and delivery and for any reason, cease to be in full force or are declared null and void, or the validity or enforceability is contested by the Borrower or any stockholder or partner of the Borrower, or the Borrower denies that it has any or further liability or obligation under any of the Loan Documents to which it is a party. If one or more Event of Default occurs and is continuing, then the Beneficiary may declare all the Indebtedness to be due and the Indebtedness will become due without any further presentment, demand, protest, or notice of any kind, and the Beneficiary may: (i) in person, by agent, or by a receiver, and without regard to the adequacy of security, the solvency of the Borrower, or the existence of waste, enter on and take possession of the Property or any party of it in its own name or in the name of Trustee, sue for or otherwise collect the rents, issues, and profits, and apply them, less costs and expenses of operation and collection, including reasonable attorneys’ fees, upon the Indebtedness, all in any order that the Beneficiary many determine. The entering on and taking possession of the Property, the collection of rents, issues, and profits, and the application of them will not cure or waive any default or notice of default or invalidate any act done pursuant to the notice; (ii) commence an action to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages of real property; (iii) deliver to the Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause the Property to be sold, which notice the Trustee or the Beneficiary will cause to be filed for record; (iv) with respect to any Personalty, proceed as to both the real and personal property in accordance with the Beneficiary’s rights and remedies in respect of the Land, or proceed to sell the Personalty separately and without regard to the Land in accordance with the Beneficiary’s rights and remedies; or (v) exercise any of these remedies in combination or any other remedy at law or in equity. 24. Protection of Security. If an Event of Default occurs and is continuing, the Beneficiary or Trustee, without notice to or demand upon the Borrower, and without releasing the Borrower from any obligations or defaults may: (a) enter on the Property in any manner and to any extent that either deems necessary to protect the security of this Deed of Trust; (b) appear in and defend any action or proceeding purporting to affect, in any manner, the Obligations or the Indebtedness, the security of this Deed of Trust, or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, or compromise any encumbrance, charge, or lien that in the judgment of Beneficiary or Trustee is prior or senior to this deed of Trust; and (d) pay expenses relating to the Property and its sale, employ counsel, and pay reasonable attorneys’ fees. The Borrower agrees to repay on demand all sums expended by the Trustee or the Beneficiary pursuant to this section with interest at the Note Rate of Interest, and those sums, with interest, will be secured by this Deed of Trust. 25. Effect of Assignment. The assignment of rents as provided herein will not impose on the Beneficiary any duty to produce rents, issues, or profits from the Property, or cause the Beneficiary to be: (a) a “mortgage-in-possession” for any purpose; (b) responsible for performing any of the obligations of the lessor under any of the Leases; or (c) responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair, or control of the Property. The Beneficiary will not be liable to the Borrower as a consequence of the exercise of the rights granted to the Beneficiary under this assignment or the failure of the Beneficiary to perform any obligation of the Borrower arising under Leases. // IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth above. By signing below, Borrower agrees to the terms and conditions as set forth above. BORROWER Broadway Family Apartments, LP a California limited partnership By: Broadway Plaza-H, LLC a California limited liability company By: APEC International, LLC a California limited liability company Managing Member By: Name: Eugene Kim Title: Manager (Attach notary certificate of acknowledgment) EXHIBIT “A” Legal Description To Deed of Trust The following is a copy of provisions (1) to (14), inclusive, of the fictitious deed of trust, recorded in each county in California, as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein To Protect the Security of This Deed of Trust, Trustor (Borrower) Agrees: (1) To keep said property in good condition and repair, not to remove or demolish any building thereon, to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon, not to commit or permit waste thereof, not to commit, suffer or permit any act upon said property in violations of law to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide maintain and deliver to the Beneficiary fire insurance satisfactory to and with loss payable to the Beneficiary. The amount collected under any fire or other insurance policy may be applied by the Beneficiary upon indebtedness secured hereby and in such order as the Beneficiary may determine, or at option of the Beneficiary the entire amount so collected or any part thereof may be released to the Borrower. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee, and to pay all costs and expenses including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which the Beneficiary or the Trustee may appear, and in any suit brought by the Beneficiary to foreclose this Deed of Trust. (4) To pay at least 10 days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock, when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto, all costs, fees and expenses of this Trust. Should the Borrower fail to make any payment or to do any act as herein provided, then the Beneficiary or the Trustee, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof the Beneficiary or the Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee, pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto, and in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by the Beneficiary or the Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to the Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (7) That by accepting payment of any sum secured hereby after its due date, the Beneficiary does not waive his rights either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of the Beneficiary and presentation of this Deed and said Note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, the Trustee may reconvey any part of said property, consent to the making of any map or plot thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of the Beneficiary state that all sums secured hereby have been paid, and upon surrender of this Deed and said Note to the Trustee for cancellation and retention and upon payment of its fees, the Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "The person or persons legally entitled thereto." Five years after issuance of such full reconveyance, the Trustee may destroy said note and this Deed (unless directed in such request to retain them). (10) That as additional security, the Borrower hereby gives to and confers upon the Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto the Borrower the right, prior to any default by the Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect the rents, issues and profits of said property, reserving unto the Borrower the right, prior to any default by the Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, the Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees. Upon any indebtedness secured hereby, and in such order as the Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default by the Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder. The Beneficiary may declare all sums secured hereby immediately due and payable by delivery to the Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property which notice the Trustee shall cause to be filed for record. The Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, the Trustee, without demand on the Borrower, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. The Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including the Borrower, Trustee, or the Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of the Trustee and of this Trust, including cost of evidence of title in connection with sale, the Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof, all other sums then secured hereby, and the remainder, if any, to the person or persons legally entitled thereto. (12) The Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Borrower, Trustee and the Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby whether or not named as the Beneficiary herein in this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. The Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which the Borrower, Beneficiary or Trustee shall be a party unless brought by Trustee. _____________________________________________________________________ DO NOT RECORD REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid: To _______________ Title Company, Trustee: Dated _________________________________ The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same. MAIL RECONVEYANCE TO: By ___________________________________________ Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. EXHIBIT "G" FUND CONTROL AGREEMENT BETWEEN DEVELOPER AND M.A.T XXXXXXXXXx Claire Yoon EXHIBIT “H” EXEMPLAR RELIANCE LETTER FOR DRAW APPROVAL Providing Construction Management Services to Owners, Lenders and Equity Investors M.A.T. CONSULTING, INC. March __, 2023 City of Fresno Planning and Development Department 2600 Fresno Street, Room 3065 Fresno, CA 93721 Attention: Phil Skei Regarding: Hotel Fresno Apartments (“Project”) Broadway Plaza Family Apartments, LP (“Owner”) Fund Control Agreement, Dated May 23, 2019 (“FCA”) APEC International, Inc. (“Contractor”) Dear Mr. Skei: Please be advised, this reliance letter is in connection with the above-referenced Project. This reliance letter confirms that: 1.As required under the FCA, M.A.T. has reviewed and approved the attached Draw No. ___ (the “Draw”), Pay Application No. __ submitted by Contractor to Owner. 2. Upon City of Fresno approval of the Draw, City of Fresno will return a signed copy of this letter to M.A.T. Consulting, Inc. (“M.A.T.”) and Owner, and wire funds in the amount of the Draw to M.A.T. See attached M.A.T. Consulting, Inc. wire instructions. 3.The City of Fresno is granted reliance on the following: (A)M.A.T. has approved the Draw; (B)Upon receipt of City of Fresno funds, M.A.T. will disburse said funds in accordance with the FCA. 4.M.A.T. will receive $100 for review of the Draw, disbursement of City of Fresno funds, and issuance of this reliance letter. The fee shall be billed to Owner on a separate invoice. Regards, Tamara Mullison, LEEDAP, CPC President 2973 Harbor Blvd., Suite 284 Costa Mesa, California 92626 714 • 444 • 0260 / FAX 714 • 369 • 8965 EXHIBIT “H” EXEMPLAR RELIANCE LETTER FOR DRAW APPROVAL Providing Construction Management Services to Owners, Lenders and Equity Investors ACCEPTED AND DRAW APPROVED City of Fresno BY: TITLE: DATE: EXHIBIT “H” EXEMPLAR RELIANCE LETTER FOR DRAW APPROVAL Providing Construction Management Services to Owners, Lenders and Equity Investors WIRE INSTRCTIONS: M.A.T. Consulting, Inc. BANK NAME: Wells Fargo Bank ACCT NAME: M.A.T. Consulting, Inc. ACCOUNT NO. 2217809702 ROUTING NO. 121000248 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-700 Agenda Date:5/11/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:PHIL SKEI, Assistant Director Planning and Development Department BY:JENNIFER DAVIS, Senior Management Analyst Housing Finance Division SUBJECT Actions pertaining to the City of Fresno Local Housing Trust Fund: ***RESOLUTION - Authorizing and directing submission of an application for funding under the State of California Local Housing Trust Fund Grant program to provide matching funds to the City of Fresno Local Housing Trust Fund (Subject to Mayor’s veto) RECOMMENDATION Staff recommends approval of a resolution authorizing and directing the submission of an application for funding under the State of California Local Housing Trust Fund Grant program to provide matching funds to the established Local Housing Trust Fund. EXECUTIVE SUMMARY On July 29, 2021, the City Council approved resolution 2021-201, establishing the City of Fresno Local Housing Trust Fund (LHTF). This resolution allocated $1,500,000 of the real estate transfer tax as a dedicated and annual source of funding for the LHTF. In 2022, the $1,500,000 recurring real estate transfer tax allocation and a one-time ARPA deposit of $3,500,000 was made to the LHTF, bringing the total allocation to $5,000,000. This 2022 commitment will enable staff to pursue a grant application to the State of California’s Local Housing Trust Fund Grant Program seeking $5,000,000 in matching funds. BACKGROUND The California Department of Housing and Community Development (HCD) released a Notice of Funding Availability on March 7, 2023, announcing the availability of $53,000,000 in funds for the Local Housing Trust Fund Program that will provide Matching Grants to established Local Housing Trust Funds. The application period began on April 19, 2023 and closes on May 17, 2023. City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 LC/MK 7-0 R. 2023-135 APPROVED ON CONSENT File #:ID 23-700 Agenda Date:5/11/2023 Agenda #: 1.-L. On July 29,2021,the City Council approved resolution 2021-201,establishing the City of Fresno Local Housing Trust Fund (LHTF)to support access to decent,safe,and affordable housing within the City.This resolution allocated $1,500,000 of the real estate transfer tax as a dedicated and annual source of funding for the LHTF.In addition,a one-time deposit of $1,000,000 was made to the LHTF from the General Fund carryover to bring the total LHTF allocation to $2,500,000.This commitment enabled staff to pursue a grant application to the State of California’s Local Housing Trust Fund Grant Program seeking $2,500,000 in matching funds.On December 28,2022,staff received confirmation from the State Department of Housing and Community Development (HCD) that under agreement number 21-LHTFCOM-16922,the City of Fresno was awarded the full match of $2,500,000 from HCD. In 2022,the $1,500,000 recurring real estate transfer tax allocation and a one-time contribution from American Rescue Plan Act (ARPA)of $3,500,000 was made to the LHTF,bringing the total allocation to $5,000,000.This 2022 commitment will enable staff to pursue another grant application to the State of California’s Local Housing Trust Fund Grant Program seeking $5,000,000 in matching funds. If the Matching Grant application is approved and funded,the LHTF would incorporate the following Program Guidelines as summarized below.Further,any project receiving a funding recommendation from staff would be required to return to City Council for final approval. If the City is awarded a Matching Grant from HCD,it will utilize matching funds on a dollar-for-dollar basis for the same eligible project for which the program funds are used,as required by HSC Section 50843.5(c).The City commits to using 100%of the Program Funds and Matching Funds (after allowed allocation for administrative expenses)to develop multiple Affordable Rental Housing Projects within the City of Fresno. The City’s LHTF will establish a Notice of Funding Availability (NOFA)once all funds have been committed from HCD to award and disburse Housing Trust Fund monies.The City’s NOFA will provide a competitive application for eligible projects.Within that NOFA,loan terms,loan amounts, and scoring criteria will be established for each funding round made available,in compliance with the Program’s underwriting guidelines.NOFA scoring criteria will be developed through a community- supported process,with input garnered through open forums such as surveys,interactive workshops, town halls, etc. Based on public input and to be competitive on its application,staff recommends the City’s LHTF monies initially be available to support new construction of affordable rental housing developments restricted to households below 60%AMI,with at least 30%of the units restricted to 30%AMI or lower.Staff will continue to collaborate with the community to determine if Program Guidelines should be added or amended.Nonprofit housing developers,including Community Development Corporations (CDC)and for-profit developers,when working in partnership with a 501(c)(3)nonprofit organization will be generally eligible to apply for the City of Fresno Local Housing Trust Fund monies. ENVIRONMENTAL FINDINGS Pursuant to Government Code section 15378(b)(4),this grant application is not a project for the purposes of the California Environmental Quality Act (CEQA)because it does not involve a commitment to any specific project which may result in a potentially significant physical impact on the City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-700 Agenda Date:5/11/2023 Agenda #: 1.-L. commitment to any specific project which may result in a potentially significant physical impact on the environment. LOCAL PREFERENCE Local preference is not applicable because the resolution provides support for a state funding application. FISCAL IMPACT The action today does not approve a funding agreement, and as such, has no fiscal impact. Attachment: Resolution - CA LHTF Matching Funds City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-616 Agenda Date:5/11/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:PACO BALDERRAMA, Chief of Police Police Department BY:MINDY CASTO, Police Deputy Chief Support Division SUBJECT Approve the renewal of the Fresno Police Department Annual Military Equipment Use Report as originally required by Assembly Bill 481, codified under Government Codes § 7070-7075 RECOMMENDATION Staff recommends that the Council approve the renewal of the Fresno Police Department Annual Military Equipment Use Report. Approval of this Report would allow the Fresno Police Department to continue to utilize military equipment specified by Government Codes §§ 7070-7075 in accordance with the Fresno Municipal Code requirements. EXECUTIVE SUMMARY Assembly Bill 481 (“AB 481”) was signed into law on September 30, 2021, taking effect on January 1, 2022, codified under Government Codes §§ 7070-7075. The enacted legislation specifically defines the types of equipment for which approval must be obtained and once adopted, mandates annual reporting to the governing body to ensure compliance. On May 12, 2022, the City of Fresno adopted Ordinance No. 2022-10 Adopting a Policy for the Use of Military Equipment by the Fresno Police Department to meet the requirements set forth in AB 481. BACKGROUND AB 481 established certain requirements that must be met before a law enforcement agency can acquire or use military equipment. Government Codes § 7072(a) requires that a law enforcement agency submit an annual military equipment report to the governing body for each type of military equipment for as long as the military equipment is available for use. To meet the requirements of AB 481, the Fresno Police Department drafted a comprehensive military equipment inventory and adopted an Ordinance that developed policies consistent with the intent of AB 481. To guide this process, the Fresno Police Department published the Draft Policy as well as an extensive and detailed equipment inventory of all categories of equipment defined within AB 481. In accordance with the provisions of AB 481, these documents were published 30 days prior to the introduction of the Ordinance to meet this mandate, as defined in Government Codes §§ City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 MA/TM 6-0 LC ABSENT File #:ID 23-616 Agenda Date:5/11/2023 Agenda #: 1.-M. 7070-7075. To meet the requirements of Government Code §7072(a),the Fresno Police Department has completed the Annual Military Equipment Use Report from January 1,2022 to December 31,2022. The annual military equipment report for each type of military equipment must be approved by the governing body within one year from the adoption of the Ordinance.Staff recommends that the Council approve the Annual Military Equipment Use Report for January 1,2022 to December 31, 2022, in accordance with Government Code § 7072(a). ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference is not applicable because this Annual Report is not subject to a competitive bid process. FISCAL IMPACT There is no fiscal impact for this request as it is an approval of the annual report. Attachment: Military Equipment Annual Report City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ 1 | Page Fresno Police Department Assembly Bill 481: Military Equipment Inventory JANUARY 1, 2022 – DECEMBER 31, 2022 FRESNO POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT USE REPORT Fresno Police Department Assembly Bill 481: Military Equipment Inventory Table of Contents EQUIPMENT CATEGORY 1………………………………………………………………………….... Page 1 Unmanned, remotely piloted, powered arial or ground vehicles. EQUIPMENT CATEGORY 2…………………………………………………………………………… Page 4 Mine-Resistant Ambush-Protected (MRAP) vehicles or armored personnel carriers. EQUIPMENT CATEGORY 3………………………………………………………………………….... Page 5 High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two- and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. EQUIPMENT CATEGORY 4…………………………………………………………………………… Page 5 Tracked armored vehicles that provide ballistic protection to their occupants. EQUIPMENT CATEGORY 5…………………………………………………………………………… Page 5 Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. EQUIPMENT CATEGORY 6 ………………………………………………………………………….. Page 8 Weaponized aircraft, vessels, or vehicles of any kind. EQUIPMENT CATEGORY 7 ………………………………………………………………………….. Page 8 Battering rams, slugs, and breaching apparatuses that are explosive in nature. EQUIPMENT CATEGORY 8 …………………………………………………………………..…....... Page 10 Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. EQUIPMENT CATEGORY 9 ………………………………………………………………………….. Page 10 Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns. Fresno Police Department Assembly Bill 481: Military Equipment Inventory Table of Contents EQUIPMENT CATEGORY 10 ……………………………………………………………………..... Page 11 Any firearm or firearm accessory that is designed to launch explosive projectiles. EQUIPMENT CATEGORY 11 ………………………………………………………………………. Page 12 Noise-flash diversionary devices and explosive breaching tools. EQUIPMENT CATEGORY 12 ………………………………………………………………..……... Page 14 Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray. EQUIPMENT CATEGORY 13 ……………………………………………………….…………….... Page 17 TASER® Shockwave, microwave weapons, water cannons, and long- range acoustic devices. EQUIPMENT CATEGORY 14 ……………………………………………………….……..……….. Page 17 Kinetic energy weapons and munitions. EQUIPMENT CATEGORY 15 …………………………………………………………..……….….. Page 19 Any other equipment as determined by a governing body or a state agency to require additional oversight. MILITARY EQUIPMENT USAGE ………………………………………....……….……………….. Page 20 Synopsis of itemized equipment use, including geographical and social apportionment for the City of Fresno. FISCAL IMPACT…………………………………………………………….……..………………… Page 24 PROJECTED ACQUISITIONS ……………………………………………..……………………… Page 24 1 | Page Fresno Police Department Assembly Bill 481: Military Equipment Inventory Equipment Category 1. Unmanned, remotely piloted, powered aerial or ground vehicles. Robots (Category 1) Description, quantity, capabilities, and purchase cost: Robotex Avatar III Tactical Robot, cost: $170,904.48 each, Quantify: 2. Recon Robotics Scout Robot, cost: $19,000 each, Quantity: 2. Recon Robotics Throwbot 2 (newer version), cost: $34,000 each, Quantity 2. This equipment is a battery powered, remote operated device, equipped with two cameras and two- way radio capabilities (Avatar III). This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Department’s Special Weapons and Tactics (S.W.A.T.) team and other tactical teams that are normally tasked with high-risk incidents. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed or if there are other subjects inside that need assistance. The Avatar’s two-way speakers can be used to de-escalate and determine resistance levels of volatile and dangerous subjects. Recon Scout Robots only have one-way communication. a. Purpose: To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages/devices, and clear buildings. In special circumstances, this equipment has the capability to deliver non-lethal munitions and chemical agents. These devices are used to De-Escalate volatile and dangerous violent suspects helping to reduce the risk of all involved. b. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot. Where the California Commission on Peace Officer Standards and Training (POST) has certified a course for the use of this Military Equipment, certified training will be obtained. On S.W.A.T. callouts, use is established by the S.W.A.T. Commander. Use by street tactical teams is established by the supervisor. c. Expected Lifespan: 10-15 years d. Fiscal Impact: Repair or replace as necessary: Estimated at $2,500-$8,500 e. Training Mandates: Prior to the use of specialized equipment listed within this section, all officers have completed the required training by POST instructors in the maintenance and operation of such equipment. Where the California Commission on Peace Officer Standards and Training (POST) has certified a course for the use of this Military Equipment, certified training will be obtained. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 2 | Page EOD Small Unmanned Robot -Multi-function remote control ground robot (Category 1). Description, quantity, capabilities, and purchase cost: Explosive Ordinance Disposal Robot, Quantity (3) Two complete units and one spare parts unit, remotely operated four-wheel compact robot with camera. Used by Bomb Squad personnel to assess hazardous devices from a safe distance. Robot does not have disruption ability. Unit cost $0.00 (Obtained free from 1033 program). a. Purpose: To be used as visual observation and inspection platform during EOD responses to hazardous or explosive devices. Provides safe standoff distance for emergency response personnel. b. Authorized Use: Only assigned bomb squad personnel who have been properly trained in the safe handling of the robot with approval of the EOD Commander. c. Expected Lifespan: Five years of life left due to obsolete technology. d. Fiscal Impact: Minimal annual maintenance cost $300 (cleaning, inspection, etc.). e. Training Mandates: Bomb Squad Technicians are required to become certified through a six-week Hazardous Device School (HDS), provided by the Department of Justice, Federal Bureau of Investigation, prior to operating the EOD Small Unmanned Robot -Multi-function remote control ground robot. A Hazardous Device School Recertification is required every 3 years. There is no cost to attend the recertification. All cost for the recertifications is covered by the Federal Bureau of Investigation. Additionally, the National Guidelines for Bomb Technicians includes a requirement for a minimum of 16 hours of training per month. EOD Technicians are required to demonstrate continued proficiency for this equipment during the monthly training. f. Legal and Procedural Rules: It is the policy of the FPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. EOD Large Unmanned Robot -Multi-function remote control ground robot. Description, quantity, capabilities, and purchase cost: Explosive Ordinance Disposal Robot Quantity (1) Used by Bomb Squad personnel to assess and render-safe hazardous devices from a safe distance. Robot has the ability to accept multiple safety tools and diagnostic equipment. Unit cost $225,000 (Approximate cost including refurbish upgrade). a. Purpose: To be used as visual observation and inspection platform during EOD responses to hazardous or explosive devices. Provides safe standoff distance for emergency response personnel and ability to use diagnostic or render-safe tools. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 3 | Page b. Authorized Use: Only assigned bomb squad personnel who have been properly trained in the safe handling of the robot with approval of the EOD Commander. c. Expected Lifespan: Robot has been in service for approximately 20 years and has undergone refurbishment. Robot will need replacement within the next 2-3 years. d. Fiscal Impact: Annual maintenance costs are between $3,000 to $4,000 annually and increasing due to the age of robot. Replacement cost of $350,000. e. Training Mandates: Bomb Squad Technicians are required to become certified through a six-week Hazardous Device School (HDS), provided by the Department of Justice, Federal Bureau of Investigation, prior to operating the EOD Large Unmanned Robot -Multi-function remote control ground robot. A Hazardous Device School Recertification is required every 3 years. There is no cost to attend the recertification. All cost for the recertifications is covered by the Federal Bureau of Investigation. Additionally, the National Guidelines for Bomb Technicians includes a requirement for a minimum of 16 hours of training per month. EOD Technicians are required to demonstrate continued proficiency for this equipment during the monthly training. f. Legal and Procedural Rules: It is the policy of the FPD to utilize this tool only for official law enforcement purposes, and pursuant to State and Federal law use of force laws. Unmanned Aerial Vehicles (Category 1) Description, quantity, capabilities, and purchase cost: DJI MAVIC MINI, cost: $400 each, quantity: 20. Miniature UAS that weighs approximately 249 grams and is able to record video and audio with approximately 30 minutes of flight time. DJI MAVIC ENTERPRISE DUALS, cost: $5,500 each, quantity: 16. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. DJI MAVIC ENTERPIRSE ADVANCED, cost $7500 each, quantity: 1. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. DJI MAVIC PRO, cost: $1500, quantity: 1. UAS that weighs approx. 1.5 pounds, 25 min flight time and a single-color camera with recording capabilities. DJI MAVIC AIR, cost: $1200, quantity: 1. UAS that weighs approx. 1.5 pounds, 25 min flight time and a single-color camera with recording capabilities. a. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: i. Major collision investigations. ii. Search for missing persons. iii. Natural disaster management. iv. Crime scene photography. v. SWAT, tactical or other public safety and life preservation missions. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 4 | Page vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention. b. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. c. Expected Life Span: All UAS equipment, 3-5 years. d. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $15,000. e. Training Mandates: All Department UAS operators are trained in house under the FAA COA (Certificate of Authority) that covers the use of sUAS for Law Enforcement purposes. Operators attend a 10-hour training class and then attend quarterly training. f. Legal and Procedural Rules: Use is established under General Order 525.09, FAA Regulation 14 CFR Part 107, and the City of Fresno UAS Administrative Order 6-29. It is the policy of the FPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Equipment Category 2. Mine-Resistant Ambush-Protected (MRAP) vehicles or armored personnel carriers. 1. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2 & 3) Description, quantity, capabilities, and purchase cost: 2006 Lenco Bearcat Armored Rescue Vehicle, cost: $220,000, quantity: 1. The ARV is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low level explosions). Equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, and the deployment of officers while offering additional protection for the safe delivery of personnel or other items as necessary for the success of a safe operation. The ARV is a regional mutual-aid asset that is shared between Fresno Police Department, Fresno County Sheriff’s Department, and Clovis Police Department. Armored Rescue Vehicles are common within communities and used to preserve life by offering additional ballistic protection. Regardless of military surplus or commercially produced, these vehicles are designed to enhance the safety to the members of the community during crisis situations. a. Purpose: Used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. b. Authorized Use: The use of armored vehicles shall only be authorized by the SWAT Commander or their designee, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department policy and training. c. Expected Lifespan: 20 years- subject to inspection for functionality and reliability. d. Fiscal Impact: Annual maintenance cost of approximately $10,000. Shared between Fresno PD, Clovis PD, and Fresno County Sheriff Department. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 5 | Page e. Training Mandates: Prior to operating the Lenco Bearcat Armored Rescue Vehicle (ARV), officers must obtain a Non-Commercial Class C Driver’s License from the California Department of Motor Vehicles. Additionally, members of the SWAT unit designated to drive the ARV train on this vehicle at least quarterly to ensure safe operation and demonstrate proficiency with the equipment on the ARV. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. MRAP Armored Personnel Carrier (Category 2) Description, quantity, capabilities, and purchase cost: 2010 Osh Kosh Mine Resistant All-Terrain Vehicle, cost: No cost, (1033 Program acquisition) quantity: 1. Commonly referred to as a MATV/MRAP approved and adopted under city resolution 2018-65. Large, armored rescue vehicle that provides ballistic protection during tactical events. Common uses are for citizen and officer rescues, evacuations, and the deployment of officers in a critical incident. a. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. b. Authorized Use: The use of armored vehicles shall only be authorized by the SWAT Commander or their designee, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. c. Expected Lifespan: 20 years- subject to inspection for functionality and reliability. d. Fiscal Impact: Annual maintenance cost of approximately $5,000. e. Training Mandates: Prior to operating the MRAP, officers must obtain a Non-Commercial Class C Driver’s License from the California Department of Motor Vehicles. Additionally, members of the SWAT unit designated to drive the MRAP train on this vehicle at least quarterly to ensure safe operation and demonstrate proficiency with the equipment on the MRAP. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Equipment Category 3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. The Fresno Police Department does not have, nor have any immediate plans to obtain, any category 3 vehicles. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 6 | Page Equipment Category 4. Tracked armored vehicles that provide ballistic protection to their occupants. The Fresno Police Department does not have, nor have any immediate plans to obtain, any category 4 vehicles. Equipment Category 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 1. FPD Mobile Command Center/Crisis Negotiation Team vehicle (Category 5) Description, quantity, capabilities, and purchase cost: 1993 Int. Model 3800, cost: $13,291, quantity: 1. The vehicle is a two-axel bus-style vehicle with a front door and a rear door. It is painted black with police graphics affixed to the front, sides, and the rear of the vehicle. The vehicle has been partitioned into (2) separate workspace areas. The equipment housed in the vehicle includes, but is not limited to, a negotiations control console and accessories, communications throw phone and cables, miscellaneous office supplies, tabletops, chairs, storage space, coffee maker, and refrigerator. The vehicle is capable of being used as a mobile operation and dispatch center. The vehicle is also capable of transporting personnel and equipment. The Mobile Communications Vehicle was placed into service in 2006 after its acquisition from the City of Fresno Library (formerly the bookmobile). The Mobile Command Vehicle is used as an auxiliary command vehicle during major incidents. The vehicle is separated into two areas by a walled partition and door. One area is used as a negotiation / communication center by the Crisis Negotiations Team. The second area can be used as a mobile command center aiding in the command, control, and deployment of personnel at a critical incident. a. Purpose: To be utilized for critical incident callouts. b. Authorized Use: The CNT vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. c. Expected Lifespan: 25 years (Expired) d. Fiscal Impact: Annual maintenance cost of approximately $5,589 e. Training Mandates: Prior to operating the Mobile Command Center, officers must obtain a Non-Commercial, Class A endorsement and license from the California Department of Motor Vehicles. Additionally, members of the MCC/CNT Unit train on this vehicle quarterly to ensure safe operation and demonstrate proficiency with the equipment on the MCC. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 7 | Page 2. SRT Van (Category 5) Description, quantity, capabilities, and purchase cost: 2001 Freightliner MT45 – custom upfit by Mattman, cost: $162,181, quantity: 1. The SRT van is a command vehicle and an equipment storage and transportation vehicle. Computerized screen used for tracking operations on the exterior. Desk with radios for dispatch on the interior. Several storage areas for the different equipment used by SRT. Manual breaching tools / Energetic breaching materials, Water, Generator, Ammunition, Robot / UAV, 40mm launchers and projectiles. a. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place. b. Authorized Use: The SRT Van shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. c. Expected Lifespan: 20 years (expires in March 2022) d. Fiscal Impact: Annual maintenance cost of approximately $2,500 e. Training Mandates: Prior to operating the SRT Van, officers must obtain a Class C license from the California Department of Motor Vehicles. Additionally, members of the SWAT Unit train on this vehicle quarterly to ensure safe operation and demonstrate proficiency with the equipment on the SWAT Van. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. 3. SWAT Command Vehicle (Category 5) Description, quantity, capabilities, and purchase cost: 2019 Ford F650 Super Duty-Braun Northwest. Cost $220,000. Quantity 1. Large crew cab truck with cargo box, used by S.W.A.T. on high-risk incidents. The vehicle is used to support S.W.A.T. operations, transport equipment and used as a tactical command station during critical incidents. The “bus” is equipped with computer monitors, police computer network data, and communication equipment. The item is referred to as the “SWAT Bus.” a. Purpose: Utilized for critical incident callouts as a point for tactical command and control for SWAT, secure transport of specialized equipment, community engagement events, or as directed by the Chief of Police or SWAT Commander. b. Authorized Use: Vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle with the approval of the SWAT Commander. The driver of the vehicle shall have a valid California driver’s license. c. Expected Lifespan: 20 years Fresno Police Department Assembly Bill 481: Military Equipment Inventory 8 | Page d. Fiscal Impact: Annual maintenance cost of approximately $5,000. e. Training Mandates: Prior to operating the SWAT Command Vehicle, officers must have a Class C license from the California Department of Motor Vehicles. Additionally, members of the SWAT Unit train on this vehicle quarterly to ensure safe operation and demonstrate proficiency with the equipment on the SWAT Command Vehicle. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Equipment Category 6. Weaponized aircraft, vessels, or vehicles of any kind. The Fresno Police Department does not have, nor have any immediate plans to obtain, any category 6 vehicles. Equipment Category 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. 1. Breeching Slugs (Category 7) Description, quantity, capabilities, and purchase cost: Royal Arms, cost: $1,080, quantity: 216. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching and are comprised of special compressed frangible material. The Royal Arms breaching rounds are locking mechanism, allowing entry into the room or structure. The projectile is designed to dissipate after striking the locking mechanism to minimize penetration into the interior for the safety of occupants and operators. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergency need exists or when conventional breaching means are not safe, feasible, practical, or the situation dictates otherwise. a. Purpose: To safely and rapidly defeat a locking mechanism. b. Authorized Use: Breaching may only occur after authorization by the SWAT Commander or designee and during a training environment by SWAT personnel. c. Expected Lifespan: Until expended. d. Fiscal Impact: Est. between $250 and $500 annually. e. Training Mandates: All SWAT Team members designated to use breaching slugs attend 40-hours of explosive breaching instruction and must demonstrate proficiency and safe utilization of the tool prior to deployment in the fields. SWAT team members designated to use breaching slugs must additionally receive quarterly training for explosive operations. f. Legal and Procedural Rules: It is the policy of the FPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 9 | Page 2. Breaching Apparatus (Category 7) Description, quantity, capabilities, and purchase cost: Detonating Chord. Cost: $1 per foot, Quantity: 140.6 pounds The detonating cord is a thin, flexible plastic tube usually filled with explosive powder. Any common length of detonation cord is designed to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Detonating chord can be used for disposal of hazardous items as well as for breaching. Blasting Cap. Cost: $12 each, Quantity: 93 A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive, secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps. Sheet Explosive, Cost $296.00 per pound, Quantity: 40 pounds Sheet explosive is a thin flexible high explosive used to dispose of hazardous devices and can also be used as a part of an explosive breaching tool. Sheet explosive comes in various thicknesses. a. Purpose: To safely gain entry into a structure or to safely dispose/ disrupt of hazardous devices. b. Authorized Use: Explosive breaching may only occur after authorization by the SWAT or EOD Commander in the field, and during training exercises. c. Expected Lifespan: Blasting Caps - 10 years Detonating Cord - 10 years Sheet Explosive – 5 years d. Fiscal Impact: Annual replacement cost of approximately $ 3,000. e. EOD Training Requirements: Bomb Squad Technicians are required to become certified through a six-week Hazardous Device School (HDS), provided by the Department of Justice, Federal Bureau of Investigation, prior to utilizing EOD Breaching Tools. A Hazardous Device School Recertification is required every 3 years. There is no cost to attend the recertification. All cost for the recertifications is covered by the Federal Bureau of Investigation. Additionally, the National Guidelines for Bomb Technicians includes a requirement for a minimum of 16 hours of training per month. EOD Technicians are required to demonstrate continued proficiency for this equipment during the monthly training. SWAT Training: All SWAT Team members designated to use explosive breaching tools attend 40-hours of explosive breaching instruction and must demonstrate proficiency and safe utilization of the tool prior to deployment in the fields. SWAT team members designated to use explosive breaching tools must additionally receive quarterly training for explosive operations. f. Legal and Procedural Rules: It is the policy of the FPD to utilize breaching tools only for official law enforcement Fresno Police Department Assembly Bill 481: Military Equipment Inventory 10 | Page purposes, and pursuant to State and Federal law. Equipment Category 8. Firearms and ammunition of .50 caliber or greater, excluding standard- issue shotguns and standard-issue shotgun ammunition. The Fresno Police Department does not have, nor have any immediate plans to obtain, any category 8 firearms or ammunition. Equipment Category 9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns. 1. Patrol Rifle/SWAT Rifles & Ammunition Description, quantity, capabilities, and purchase cost: Rifle: Colt AR-15/M4/Commando, cost: $1,165, quantity: 526 The Patrol Rifle is a firearm that allows the officer to engage a lethal criminal threat from a safe distance. The patrol rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired, semi-automatic rifle. (S.W.A.T.) personnel have access to select fire rifles for use in specified situations that normally deal with high-risk. The projectile is capable of penetrating soft body armor worn by armed subjects. Patrol Rifle Ammunition. Speer .223 Speer LE, 55 grain, GDSP cartridge is the primary duty ammunition. Cost: $54,780, quantity: 204 cases Patrol Rifle Ammunition. Winchester .223 Remington, 55 grain cartridge is the primary training ammunition for the Department. Cost: $116,280, quantity: 360 cases SWAT Weapons. The Fresno Police Department Special Weapons and Tactics (S.W.A.T.) team was formed in 1975, in response to very dangerous or violent tactical encounters. The Sniper element is a component of the S.W.A.T. team that uses precision rifles equipped with enhanced magnified optics which are critical in gathering intel, and if needed, can safely engage a lethal threat to preserve life. The Sniper Rifle does not have an expiration but will need to be serviced or replaced when failure occurs. Sniper Rifle: Accuracy International Rifle cost: $43,069, quantity: 5 Heckler and Koch HK91 Rifle cost: $10,000, quantity: 1 Sniper Rifle Ammunition. Federal GM .308 WIN., Cost: $3,740, quantity: 4,360 This is a 168 grain, cartridge deployed during potential lethal encounters, in high-risk, low- frequency environments. The 168 grain, Federal GM projectile maintains accuracy while resulting in higher impact velocities, less drop, less wind drift, and more energy on target. Sniper Rifle Ammunition. Federal T308T .308 WIN. Cost: $6,563, quantity: 7,500. a. Purpose: Used to gather critical intel during a SWAT operation and, if needed, can be used to safely engage a lethal threat to preserve life. Precision weapons can be used to Fresno Police Department Assembly Bill 481: Military Equipment Inventory 11 | Page address a criminal and lethal threat with better precision at greater distances than a patrol rifle or handgun, if present and feasible. b. Authorized Use: Only members that received P.O.S.T. certified training in the patrol rifle are authorized to carry and use the patrol rifle. Only members of SWAT who have attended a P.O.S.T. certified basic sniper course are authorized to use a .308 cal. precision rifle. c. Expected Lifespan: Patrol Rifle – No expiration/repair or replace as necessary The Speer .223 Remington, 55 grain – No expiration Winchester .223 Remington, 55 grain – No expiration Sniper Rifles – No expiration/repair or replace as necessary Federal GM .308 WIN., 168 grain – No expiration Federal T308T .308 WIN., 168 grain – No expiration d. Fiscal Impact: Patrol Rifle – Annual cost between $4,999 - $79,999 Speer .223 Remington, 55 grain – Annual cost: between $12,450 - $24,900 Winchester .223 Remington, 55 grain, practice ammunition. Annual cost: between $35,000 – $82,675 Sniper Rifle – Annual cost between $900 – $16,222 Federal GM .308 WIN., 168 grain – Annual cost between $3,800 - $6,000- must use same ammunition for training and field use. Federal T308T .308 WIN., 168 grain – Annual cost between $3,800 - $6,000- must use same ammunition for training and field use. e. Training-Patrol Rifle Mandates: Prior to authorization to use these weapons, each officer must successfully complete a 16-hour P.O.S.T. certified course, per state law. Officers must attend trimester training covering legal mandates, policy, and constitutional issues limiting the use of deadly force. Officers must also demonstrate the proficient use of this weapon as well as effective maintenance and safe storage consistent with California Law and FPD Policy. Officers must requalify with this weapon annually. Pass/fail. (P.O.S.T. certification). Use of this weapon, not including training, is a Reportable Use of Force which is audited internally and by the Office of Independent Review. Training-SWAT Weaponry Mandates: Sniper Precision Rifle .308 - each designated operator must first attend an in-house, 24- hour training regarding basic SWAT operations taught by POST certified instructors, a POST certified Basic SWAT training consisting of 80-hours, and a 40-hour Basic Sniper course certified by P.O.S.T. Each designated operator must attend monthly SWAT trainings, qualifications, and must demonstrate proficiency. Pass/Fail (P.O.S.T. Certification). Officers must also demonstrate the effective maintenance and safe storage consistent with California Law and FPD Policy. Use of SWAT weapons, not including training, is a Reportable Use of Force which is audited internally and by the Office of Independent Review. f. Legal and Procedural Rules: It is the policy of the FPD to utilize firearms only for official law enforcement purposes, and pursuant to State and Federal law. Equipment Category 10. Any firearm or firearm accessory that is designed to launch explosive projectiles. The Fresno Police Department does not have any category 10 launchable explosive projectiles. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 12 | Page Equipment Category 11. Noise-flash diversionary devices and explosive breaching tools. 1. Flashbangs (Category 11) Description, quantity, capabilities, and purchase cost: LSDD Def Tec “Low Roll” emits a loud “bang” and a flash of light, cost: $1,767, quantity: 57 LSDD Def Tec reloadable fuses which are used to reload in reusable Low Roll LSDD body. cost: $961, quantity: 31 A Flashbang, commonly referred to as a Light Sound Diversionary Device (LSDD) is a small handheld device that can be deployed by a single person in a specified area and creates a bright flash and loud sound. The LSDD has a low flash point and is designed to stay intact and not produce fragmentation or shrapnel. The LSDD body stays intact and is designed for re-use upon inspection. LSDD will produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage in dangerous situations. a. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short- term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage in dangerous situations. LSDD are used to distract and temporarily disorient dangerous suspects by temporarily overwhelming their senses of vision and hearing. LSDD’s are used to dislodge, distract, disorient, detect, deny, or disperse a subject(s) in a high-risk environment. b. Authorized Use: Diversionary Devices shall only be used: i. When authorized by the Chief of Police or SWAT Commander. ii. Discretionary authority can be given by the SWAT commander to SWAT Team Leaders during emergency operations. iii. By SWAT officers who have been trained in their proper use. iv. During high-risk operations where the use is objectively reasonable under the totality of the circumstances. v. Use must be evaluated, and the benefits outweigh the risk associated with the use. vi. Officers using LSDD during a SWAT deployment shall have received instruction and training by a certified instructor or attended a POST certified course on the use and deployment. vii. During training exercises. c. Expected Lifespan: LSDD Def Tec “Low Roll” reloadable body – 5 years or 25 uses LSDD Def Tec fuse- one time use; 5-year shelf life d. Fiscal Impact: LSDD Def Tec “Low Roll” and fuses – Annual cost est. $2,900- $5,745.97 e. Training Mandates: Flashbang-LSDD: Each designated SWAT operator must first attend an in-house, 24-hour training from a POST certified trainer regarding basic SWAT operations to include LSDD devices, as well as a POST certified Basic SWAT training course consisting of 80 hours. SWAT members are required to attend monthly SWAT trainings. SWAT members will attend a minimum of 10 hours annually in the deployment of LSDD, case law, tactical considerations, and appropriate use. Each member must demonstrate safety and proficiency. Pass/Fail. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 13 | Page f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Equipment Category 12. Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray. 1. Munitions Containing Tear Gas/OC (Category 12) Description, quantity, capabilities, and purchase cost: Def Tec Tri-Chamber– Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $1,380, quantity: 27 Def Tec 40mm – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Cost: $735, quantity: 113 Def Tec 12 gauge– Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Cost: $2,128, quantity: 266 Def Tec 40mm-Powder OC filled projectile penetrates intermediate barriers and delivers irritant agents. Normally used, but not exclusively, when CS does not influence a suspect’s senses. Cost: $557, Quantity: 25 Def Tec 40mm- Liquid OC filled projectile penetrates intermediate barriers and delivers irritant agents. Normally used, but not exclusively, when CS does not influence a suspect’s sensory perception. Cost: $557, Quantity: 25 Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Fresno Police Department as a non-lethal dispersal agent that can be propelled from a designated launcher or hand deployed. Chemical agents are designed to have psychological and physiological effects and used to gain compliance by overloading a person’s senses. The Fresno Police Department uses chemical agents which are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes). a. Purpose: The application in tactical situations primarily is to detect, dislodge, distract, disorient, or deny access. Chemical agent can also be used to disperse unlawful rioters. The overall purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent and dangerous subjects; to limit the escalation of conflict through pain compliance. Situations for use of the less lethal option may include, but are not limited to: i. Dangerous and/or combative individuals. The application in tactical situations is primarily to detect and/or dislodge barricaded suspects. The overall purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent dangerous subjects. ii. Barricaded suspects. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 14 | Page iii. Circumstances where a tactical advantage can be obtained, and the use is objectively reasonable under the totality of the circumstances. iv. Riot/crowd control and civil unrest incidents. v. Training exercises or approved demonstrations. b. Authorized Use: Only officers who have received P.O.S.T. certification in the use of chemical agents for civil unrest/riot control are authorized to use chemical agents during crowd control/riot applications. Officers assigned to SWAT using chemical agents during a SWAT deployment shall have received instruction and training by a certified instructor or have attended a P.O.S.T. certified course on the use and deployment. c. Expected Lifespan: Def Tec Tri-Chamber – 5 years Def Tec 40mm Liquid CS – 5 years Def Tec 12 ga. Liquid CS– 5 years Def Tec 40mm Powder OC – 5 years Def Tec 40mm Liquid OC– 5 years d. Fiscal Impact: Def Tec Tri-Chamber – est. $1,200 to $2,412 annually Def Tec 40mm Liquid CS – est. $1,200 to $4,500 annually Def Tec 12-gauge Liquid CS – est. $200 to $500 annually Def Tec 40mm Powder OC- est. $900-$2,500 annually Def Tec 40mm Liquid OC- est. $900-$2,500 annually e. Training Mandates: Each department member shall have successfully completed a 4-hour training prior to field deployment. (Pending P.O.S.T. certification). Officers shall demonstrate proficiency yearly. If deployed during crowd control operation, officers shall have attended a 4-hour P.O.S.T. certified course. Training consists of use of force policies, laws, and appropriate tactical considerations. Pass/Fail. Use of this weapon system, not including training, is a Reportable Use of Force which is audited internally and by the Office of Independent Review. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized weapons and/or munitions only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Pepper Ball Launcher (Category 12) Description, quantity, capabilities, and purchase cost: Pepper Ball Launcher System: Cost: $33,068, quantity: 28 System that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 150’. Non-lethal option offers law enforcement officers the means to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De- Escalation tool used to avoid potentially violent conflicts while minimizing risk of injury to all. Pepper Ball VXR LIVE-X PROJECTILE: Cost: $8,984 quantity: 3000 The VXR Live-X shaped projectile is a non-lethal round. This projectile is best for direct impact or area saturation. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280- 425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 390+ft. The projectile Fresno Police Department Assembly Bill 481: Military Equipment Inventory 15 | Page contains 2.5% PAVA powder. a. Purpose: To limit the escalation of conflict as a less-lethal option. b. Authorized Use: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers for field use. Officers must attend a P.O.S.T. approved course prior to use in crowd control deployment. Situations for use of the less lethal weapon systems may include, but are not limited to: i. Dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained, and less-lethal options are objectively reasonable. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. c. Expected Lifespan: Pepper Ball Launcher: No expiration- repair or replace as necessary Live-X Projectile: 1 year d. Fiscal Impact: Pepper Ball Launcher: est. cost $500 and $7,500 annually Live-X Projectile: estimated between $3,500 and $9,000 annually. e. Training Mandates: Each department member shall have attended a 4-hour training prior to field deployment. (Pending P.O.S.T. certification). Officers shall demonstrate proficiency yearly. If deployed during crowd control operation, officers shall have attended a 4-hour P.O.S.T. certified course. Training consists of use of force policies, laws, and appropriate tactical considerations. Pass/Fail. Use of this weapon system, not including training, is a Reportable Use of Force which is audited internally and by the Office of Independent Review. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized weapons and/or munitions only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. LMT 40mm tactical single launcher (Category 12) Description, quantity, capabilities, and purchase cost: Quantity (4), unit cost $985.70. Single shot launcher with an adjustable integrated front grip with light rail. The ambidextrous lateral sling mount allows both a single- and two-point sling attachment. Will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The launcher has an integrated Picatinny Rail that can accept enhanced optics/sighting systems. a. Purpose To be used to fire direct impact less lethal munitions, gas irritants, and/or signaling/warning munitions. b. Authorized Use: Only assigned MFF operators who have completed a P.O.S.T. certified training course. c. Expected Lifespan: Indefinite if properly maintained. d. Fiscal Impact: Minimal annual maintenance cost (cleaning, inspection, etc.) Fresno Police Department Assembly Bill 481: Military Equipment Inventory 16 | Page e. Training Mandates: Each department member shall have attended a 4-hour training prior to field deployment. (Pending P.O.S.T. certification). Officers shall demonstrate proficiency yearly. If deployed during crowd control operation, officers shall have attended a 4-hour P.O.S.T. certified course. Training consists of use of force policies, laws, and appropriate tactical considerations. Pass/Fail. Use of this weapon system, not including training, is a Reportable Use of Force which is audited internally and by the Office of Independent Review. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized weapons and/or munitions only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Tipmann Pepperball SX Launcher (Category 12) Description, quantity, capabilities, and purchase cost: Quantity (2), unit cost $1,069.59. Semi-automatic Pepperball/paintball launcher with to mount hopper. Will fire .68 caliber Pepperball powder, glass shattering, marking or water/clear training round at 300-350 feet per second. a. Purpose: To be used to fire direct impact less lethal powder irritant munitions, glass shattering munitions, and/or marking munitions. b. Authorized Use Only assigned MFF operators who have completed a P.O.S.T. certified training course. c. Expected Lifespan: Indefinite if properly maintained. d. Fiscal Impact: Minimal annual maintenance cost (cleaning, inspection, etc.) e. Training Mandates: Each department member shall have attended a 4-hour training prior to field deployment. (Pending P.O.S.T. certification). Officers shall demonstrate proficiency yearly. If deployed during crowd control operation, officers shall have attended a 4-hour P.O.S.T. certified course. Training consists of use of force policies, laws, and appropriate tactical considerations. Pass/Fail. Utilization of this weapon system, outside of training, is a reportable use of force which is audited through the Office of Independent Review. f. Legal and Procedural Rules It is the policy of this Department to utilize specialized weapons and/or munitions only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Def Tech MK-9S OC Vapor Canister (Category 12) Description, quantity, capabilities, and purchase cost: Quantity (45), unit cost $56.80. Non-flammable hand-held OC vapor canister. a. Purpose Crowd management tool designed to deliver a short burst of OC at an effective range of 10-15 feet. This .7% MC OC aerosol product utilizes a vapor delivery method providing a high concentration of OC in a powerful mist, inflaming the mucous membranes and exposed skin. Onset is immediate and very intense, resulting in an intense burning Fresno Police Department Assembly Bill 481: Military Equipment Inventory 17 | Page sensation that evaporates quickly when exposed to fresh air. b. Authorized Use: Only assigned MFF operators who have completed a P.O.S.T. certified training course. c. Expected Lifespan: 10 years. Current inventory expires at the end of 2027 d. Fiscal Impact: None e. Training Mandates: Prior to the use of the OC Vapor Canister, all officers must be certified by POST instructors in the use, legal limitations, maintenance and operation of such systems. Utilization of this weapon system, outside of training, may be considered a reportable use of force which is audited through the Office of Independent Review. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized weapons and/or munitions only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Equipment Category 13. TASER® Shockwave, microwave weapons, water cannons, and long- range acoustic devices. The Fresno Police Department does not have, nor have any immediate plans to obtain, any category 13 equipment. Equipment Category 14. Kinetic energy weapons and munitions. 40mm Projectile Launch Platforms and munitions (Category 14) Description, quantity, capabilities, and purchase cost: Def Tec 40mm single-shot Launcher: Cost: $26,875, quantity: 25. Milkor MGL-LTL Multi-launcher: Cost: $ 9,800 Quantity: 2 Sponge Baton munition. Cost: $8,192, quantity: 381 Rubber Ball Rounds. Quantity (13), unit cost $25.60. 40mm round containing approximately 18, 60 caliber rubber balls. The Def Tec launcher is a system that delivers a 40MM projectile from a distance of 5-70 yards depending on the selection of munitions. The launcher can be used to deploy less-lethal or chemical munitions. S.W.A.T. personnel have (4) single-single launchers dedicated to chemical munition deployment while the remaining 21 are dedicated Less-Lethal munition launchers. The Less-Lethal launcher is a single-shot launcher, which allows the officer to assess after every spent munition. SWAT personnel have access to a Milkor MGL-LTL multi-launcher. The Milkor multi- launcher uses the same munitions but is capable of firing 6 rounds before reloading. The Milkor multi- launcher is a dedicated Less-Lethal launcher. Less-Lethal launchers do not have an expiration but will need to be serviced or replaced when the launcher fails or breaks. The 40MM munitions are Exact Impact, Extended Range, or Direct Impact with OC. The Sponge Baton munition is used as a Less- Lethal weapon designed to de-escalate a potentially violent encounter. a. Purpose: To limit the escalation of conflict as a less-lethal option. b. Authorized Use: Fresno Police Department Assembly Bill 481: Military Equipment Inventory 18 | Page Situations for use of the less lethal weapon systems may include, but are not limited to: i. Dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained, and less-lethal options are objectively reasonable. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. c. Expected Lifespan: 40mm Launcher: No expiration 40mm Sponge Round: 5 years d. Fiscal Impact: 40mm Launcher: est. $500- $10,750 annually 40mm Sponge Round: estimated between $3,000- $12,000 annually Rubber Ball Rounds. 5 years. e. Training Mandates: Each designated SWAT operator must first attend an in-house, 24-hour training from a POST certified trainer regarding basic SWAT operations to include launch platform devices, as well as a POST certified Basic SWAT training course consisting of 80 hours. SWAT members are required to attend monthly SWAT trainings. SWAT members will attend a minimum of 10 hours annually in the deployment of launchers, case law, tactical considerations, and appropriate use. Each member must demonstrate safety and proficiency. Pass/Fail. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized equipment only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Remington 870 12-gauge shotgun dedicated Less-Lethal bean bag munition (Category 14). Description, quantity, capabilities, and purchase cost: Cost: $170,640 Quantity: 316 CTS “Super Sock” bean bag round: Cost: $16,957, Quantity: 3,230. The beanbag shotgun is a Remington 870 12-gauge shotgun with a yellow color fore-end and yellow stock, indicating a dedicated “Less-Lethal” shotgun. The projectile is comprised of lead shot pellets encased in a cloth “sock.” When fired, the projectile is designed to flatten out upon impact, while staying intact and delivering a forceful blow to the subject. a. Purpose: To limit the escalation of conflict as a less-lethal option. b. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: i. Dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained, and less-lethal options are objectively reasonable. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. c. Expected Lifespan: Remington 870: No expiration (estimated 15 years) Repair and replace as necessary CTS Bean Bag “Super Sock.” d. Fiscal Impact: Remington 870: est. $3,500-$15,000 annually CTS “Super Sock” est. $8,000-$14,000 Fresno Police Department Assembly Bill 481: Military Equipment Inventory 19 | Page annually e. Training Mandate for 40mm Projectile Munitions: Prior to deployment of this weapons system, each department member shall have attended and successfully completed a 4-hour training from a POST certified instructor on this weapon system. (Pending POST certification on this course). Officers shall demonstrate proficiency annually. If deployed during crowd control operation, officers shall have attended a 4-hour P.O.S.T. certified course. Training consists of use of force policies, laws, and appropriate tactical considerations. Pass/Fail. Utilization of this weapon system, outside of training, is a reportable use of force which is audited through the Office of Independent Review. Training Mandate for Beanbag Supersock: Prior to deployment of this weapons system, each department member shall have attended and successfully completed a 2-hour training prior to field deployment. Officers shall demonstrate proficiency yearly. If deployed during crowd control operation, officers shall have attended a 4-hour P.O.S.T. certified course. Annual training consists of use of force policies, laws, and appropriate tactical considerations. Pass/Fail. Utilization of this weapon system, outside of training, is a reportable use of force which is audited through the Office of Independent Review. f. Legal and Procedural Rules: It is the policy of this Department to utilize specialized weapons and/or munitions only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Equipment Category 15. Any other equipment as determined by a governing body or a state agency to require additional oversight. 1. Equipment Uncategorized: Mine Detector -Hand Held Metal Detector 1033 Program (Category 15) Description, quantity, capabilities, and purchase cost: Explosive Ordinance Disposal Mine (metal) detector, Quantity (2), A unit used to locate metallic and low-metallic buried objects. Unit cost $0.00 (Obtained free from 1033 program). a. Purpose: To be used during EOD responses to hazardous devices and to locate evidence during investigations of explosions. b. Authorized Use: Only assigned bomb squad personnel or post blast investigators who have been properly trained in the safe handling of the metal detector with approval of the EOD Commander. c. Expected Lifespan: Indefinite if properly maintained. d. Fiscal Impact: Minimal annual maintenance cost (cleaning, inspection, etc.). e. Training Mandate: Bomb Squad Technicians are required to become certified through a six-week Hazardous Device School (HDS), provided by the Department of Justice, Federal Bureau of Investigation, prior to operating the EOD Hand-Held Metal Detector. A Hazardous Device School Recertification is required every 3 years. There is no cost to attend the recertification. All cost for the recertifications is covered by the Federal Bureau of Investigation. Additionally, the National Guidelines for Bomb Technicians includes a requirement for a minimum of 16 hours of training per month. EOD Technicians are Fresno Police Department Assembly Bill 481: Military Equipment Inventory 20 | Page required to demonstrate continued proficiency for this equipment during the monthly training. f. Legal and Procedural Rules: It is the policy of the FPD to utilize this tool only for official law enforcement purposes, and pursuant to State and Federal law use of force laws. Summary of Military Equipment Usage: The Fresno Police Department serves over 500,000 people in one of the most culturally diverse communities in the state of California. The Fresno Police Department handles approximately 400,000 calls for service annually and receives over 1,000 911 calls every single day. Year over year, officers have consistently used reportable force during less than one-half of 1% of calls for service. The period considered for this report was between January 1st, 2022, and December 31st, 2022. Citywide, vehicles designated as military grade were deployed to protect the Fresno community during only 20 calls for service. SWAT responded to 10 calls for service, EOD responded to 24 call outs and provided assistance on 44 incidents. Crisis Negotiations Team used their command vehicle 6 times. Military consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) were deployed to preserve the safety of the public during 15 incidents. An audit of all department complaints was conducted and no public complaints regarding the use of military grade equipment were received. Complaints regarding military equipment are addressed in policies 706 and 1020. The Fresno Police Department’s military equipment serves a variety of roles, but the deployment of such equipment must be consistent with our policy, the law and industry standards. The option to deploy military equipment when appropriate supports our mission to protect life and minimize use of force, while seeking a peaceful resolution whenever possible. Certain items of military equipment, particularly consumables, are used throughout the year on a regular basis for training proficiency. Equipment not used, or items requiring training usage only, are not captured in this section. This section only provides data for the operational use of military equipment listed within this report. Outreach and Community Engagement: The Fresno Police Department is committed to building trust with the community it serves. As a part of this mission, equipment including armored vehicles, the Mobile Incident Command vehicle, and Crisis Negotiation Team Vehicles are deployed to community events, as a means of public awareness and education. There were a total of 8 different community events where military equipment and department personnel were present to conduct outreach, education and make connections with Fresno residents. Robots: Robots were utilized a total of twenty six (26) times from January 1st, 2022, through December 31st, 2022. Robotex Avatar III Tactical Robot, was used twenty four (24) times. Recon Robotics Throwbot 2 (newer version), was used two (2) times. a. Authorized usages: Only assigned operators who have completed the required training shall be permitted to operate the robot. Where the California Commission on Peace Officer Standards and Fresno Police Department Assembly Bill 481: Military Equipment Inventory 21 | Page Training (POST) has certified a course for the use of this Military Equipment, certified training will be obtained. On S.W.A.T. callouts, use is established by the S.W.A.T. Commander. Use by street tactical teams is established by the supervisor. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Unmanned Aircraft Systems (UAS): Unmanned Aircraft Systems were utilized a total of one thousand nine hundred and twenty-three (1,923) times from January 1st, 2022, through December 31st, 2022. a. Authorized usages: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Armored Vehicles: 2006 Lenco Bearcat Armored Rescue Vehicle was utilized a total of nine (9) times from January 1st, 2022, through December 31st, 2022. a. Authorized usages: The use of armored vehicles shall only be authorized by the SWAT Commander or his designee, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department policy and training. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. 2019 Ford F650 Super Duty-Braun Northwest was utilized a total of nine (9) times from January 1st, 2022, through December 31st, 2022. a. Authorized usages: Vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle with the approval of the S.W.A.T. Commander. The driver of the vehicle shall have a valid California driver’s license. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Mobile Incident Command Vehicle and Crisis Negotiation Team Vehicle FPD Mobile Command Center/Crisis Negotiation Team vehicle was utilized six (6) times from January 1st, 2022, through December 31st, 2022. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 22 | Page a. Authorized usages: To be utilized for critical incident callouts. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Explosive Breaching Tools Explosive Breaching Tools were not used from January 1st, 2022, through December 31st, 2022. a. Authorized usages: To safely gain entry into a structure or to safely dispose/ disrupt of hazardous devices. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Noise-flash diversionary devices and explosive breaching tools LSDD Def Tec “Low Roll” were utilized on three (3) calls from January 1st, 2022, through December 31st, 2022. a. Authorized usages: Diversionary Devices shall only be used: • When authorized by the Chief of Police or SWAT Commander. • Discretionary authority can be given by the SWAT commander to SWAT Team Leaders during emergency operations. • By SWAT officers who have been trained in their proper use. • During high-risk operations where the use is objectively reasonable under the totality of the circumstances. • Use must be evaluated, and the benefits outweigh the risk associated with the use. • Officers using LSDD during a SWAT deployment shall have received instruction and training by a certified instructor or attended a POST certified course on the use and deployment. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Munitions Containing Tear Gas/OC, Smoke and Launcher The 40mm Launcher was utilized solely for liquid CS deployment during two (2) calls for service between January 1st, 2022, through December 31st, 2022. Def Tec Tri-Chamber – utilized during one (1) call for service Def Tec 40mm – Liquid CS – utilized during one (1) call for service a. Authorized usages: The application in tactical situations primarily is to detect, dislodge, distract, disorient, or deny access. Chemical agent can also be used to disperse unlawful rioters. The overall purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent and dangerous subjects; to limit the Fresno Police Department Assembly Bill 481: Military Equipment Inventory 23 | Page escalation of conflict through pain compliance. Situations for use of the less lethal option may include, but are not limited to: • Dangerous and/or combative individuals. The application in tactical situations is primarily to detect and/or dislodge barricaded suspects. The overall purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent dangerous subjects. • Barricaded wanted suspects. • Circumstances where a tactical advantage can be obtained, and the use is objectively reasonable under the totality of the circumstances. • Riot/crowd control and civil unrest incidents. • Training exercises or approved demonstrations. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Remington 870 12-gauge shotgun dedicated Less-Lethal bean bag munition Less Lethal Shotguns were utilized during seven (7) calls for service between January 1st, 2022, through December 31st, 2022. 12-Gauge Super-Sock Beanbag round – utilized during seven (7) calls for service Authorized usages: Situations for use of the less lethal weapon systems may include, but are not limited to: • Dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained, and less-lethal options are objectively reasonable. • Potentially vicious animals. • Training exercises or approved demonstrations. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Pepper Ball Launchers and Projectiles: Pepper Ball Launchers were utilized during four (4) calls for service between January 1st, 2022, through December 31st, 2022. a. Authorized usage: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers for field use. Officers must attend a P.O.S.T. approved course prior to use in crowd control deployment. Situations for use of the less lethal weapon systems may include, but are not limited to: • Dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained, and less-lethal options are objectively reasonable. Fresno Police Department Assembly Bill 481: Military Equipment Inventory 24 | Page • Potentially vicious animals. • Training exercises or approved demonstrations. b. Unauthorized usages: There have been zero (0) reported violations of the military equipment use policy from January 1st, 2022, through December 31st, 2022. Fiscal Impact: The Department’s adopted budget for FY23 was approximately $220,851,300, 81% of which was allocated for personnel expenses. The Fresno Police Department maintains a workforce of over 829 full-time sworn peace officer positions and 349 professional staff positions. During 2023, the Department is expected to grow to over 900 sworn positions. Some listed items were purchased through government grants that contain language specifying how the funds may be spent. The budgeted funds allocated for military equipment expenditures represents a small fraction of the Department’s operating costs but provides an optimal level of safety during a variety of critical incidents. Projected Acquisitions: The Department has the following projected acquisitions of non-consumable military equipment for Fiscal Year 2024. The remainder of non-consumable military equipment will consist of ongoing maintenance costs. Funding for non-consumable military equipment is anticipated to be sourced from the existing police budget or designated grant funding. The Department will request or has received governing board approval for the following projected acquisitions of non-consumable military equipment for Fiscal Year 2023: • New armored vehicle to replace the aging SWAT Bearcat, estimated cost of $435,000. • 5 sniper rifles for the SWAT team, estimated cost of $29,000. • ICOR tactical robot for the SWAT team, estimated cost of $80,000. • EOD remote spartan robot, estimated cost of $334,287. • EOD tactical explosive breaching frames, estimated cost of $11,700. • 2 Tactical EOD ordinance disrupting water cannons, estimated cost of $16,000. • Ford Crisis Negotiations Command vehicle, approximate cost $410,465. • 2 tactical robots for MAGEC teams, estimated cost $11,100. The majority of these items are intended to replace outgoing or obsolete equipment within the existing inventory. Most projected acquisitions have been requested, but have not been budgeted and their purchase is based on the governing board’s approval. Next year’s military equipment report will cover the entire calendar year 2023. Updated 05/03/23 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-457 Agenda Date:5/11/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Right of Way Section SUBJECT Approve the First Amendment to a three-year On-Call Land Surveying Services Agreement with Blair, Church & Flynn Consulting Engineers, Inc. to increase the contract amount by $250,000 for a total amended contract amount of $550,000, to provide land surveying services to facilitate Citywide infrastructure projects (Citywide) RECOMMENDATION Staff recommends the City Council approve the First Amendment to a three-year On-Call Land Surveying Services Agreement with Blair, Church & Flynn Consulting Engineers, Inc. to increase the contract amount by $250,000 for a total amended contract amount of $550,000, to provide land surveying services to facilitate Citywide infrastructure projects and authorize the Public Works Director or designee to execute the amendment on behalf of the City of Fresno. The Consultant will be reimbursed for hours worked at the hourly rates specified in the schedule of fees included in the agreement, not to exceed $550,000. There is no guarantee, either expressed or implied that the $550,000 amount will be authorized under the agreement. EXECUTIVE SUMMARY The First Amendment to the On-Call Land Surveying Services Agreement is necessary to increase the total contract amount due to unanticipated workloads for capital projects and developer map reviews in the Public Works Department. The services will be utilized on a project-by-project task order basis for the remining term upon approval of this amendment. On November 4, 2021, the Council approved a three-year On-Call Land Surveying Services Agreement. The current on-call services agreement amount with Blair, Church & Flynn Consulting Engineers, Inc., of $300,000 is insufficient for the current and future projects over the three-year period of the agreement due to increase work load and position vacancies. City staff proposes to increase the agreement amount to not to exceed $550,000 to continue the use of the on-call consultant to augment our staff capacity, City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-457 Agenda Date:5/11/2023 Agenda #: 1.-N. when needed, in order to meet critical project deadlines. BACKGROUND City Council approved an on-call agreement with Blair,Church &Flynn Consulting Engineers,Inc.on November 4,2021 for the On-Call Land Surveying Services.Capital Improvement Projects have steadily increased due to higher levels of federal,state,and local funding assistance based on the City’s growing infrastructure needs for parks,fire facilities,street improvements and utility infrastructure.In addition,due to unexpected staff vacancies this agreement was used to fill the void in the Public Works Land Division.This on-call land surveying services agreement was utilized to perform mapping reviews for proposed development projects.The realized amount of mapping review services was not anticipated when establishing the agreement’s original amount.By doing this,approximately $250,000 of the agreement budget amount was used for the map review process for the Land Division.This amendment will increase the agreement amount to $550,000 to cover the current and future workload. The Department of Public Works’Right of Way Section performs all land surveying services to facilitate Capital Projects,Development Projects,Department of Public Utility Projects,in addition to assisting several other City departments with land surveying services.The City’s need for land surveying services exceeds the capacity of the current staffing level. The City Attorney’s Office has reviewed and approved the attached Amendment as to form. ENVIRONMENTAL FINDINGS The amendment of a consultant service contract is not a project for purposes of CEQA. LOCAL PREFERENCE Local preference does not apply because this is an Amendment to an existing agreement.However, Blair, Church & Flynn is a local business with a branch office in Fresno County. FISCAL IMPACT This Agreement will service locations in all Council Districts.All funding necessary for the services of the proposed Agreement were and will be included in the current and future fiscal year adopted City budgets. Attachment: First Amendment to Agreement City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-690 Agenda Date:5/11/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department AARON A. AGUIRRE, Director Parks, After School, Recreation, and Community Services Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division ARMANDO CERVANTES, Engineer I Public Works Department, Site Development Project Management Section SUBJECT Approve an agreement for professional engineering services with Provost & Pritchard, Inc. for $110,500, with a $10,000 contingency, for design and construction support services for the Manchester Splash Pad Project (Council District 7) RECOMMENDATION Staff recommends City Council approve a consultant services agreement with Provost & Pritchard, Inc., in the amount of $110,500, with a $10,000 contingency, for the design and preparation of construction documents for the Manchester Splash Pad Project and authorize the Public Works Director or designee to execute the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes the removal of the existing wader pool and wader pool infrastructure at Manchester Park located at the northeast quadrant of Fresno Street and Shields Avenue within the City of Fresno. The project proposes, but is not limited to, installation of a new splash pad and splash pad infrastructure, including UV recirculating system, enclosure and shower, waste receptacles, shade sail structure, and landscape improvements. The improvements mentioned above shall provide a greater service to the community, enhancing the safety and accessibility to the existing site. The proposed consultant services agreement will facilitate the development of construction documents to move the project into construction. BACKGROUND City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-690 Agenda Date:5/11/2023 Agenda #: 1.-O. The City adopted the Clean and Safe Neighborhood Parks Transactions and Use Tax (Measure P) which included Funds for the planning,designing,engineering,and permitting activities for improving and maintaining safe,clean neighborhood parks and playgrounds.Staff is seeking to fulfill the goals of Measure P in part by improving Manchester Park located at the northeast quadrant of Fresno Street and Shields Avenue within the City of Fresno, consistent with the adopted FY2023 budget. Manchester Park is located on a Fresno Metropolitan Flood Control District (FMFCD)basin site (Basin BB)and has been operated as a City park under agreement with FMFCD since 1965.The agreement allows the City to operate the location as a City park from May 16 through November 14 each year.During the winter and early spring,the basin is closed to the public.The park contains a restroom,ballfields,basketball courts,and a play structure.The park also includes a wader pool which has been inoperable for many years as it does not include a recirculating filtration system which meets current standards for health, safety, and water conservation. The PARCS Department and the Council District met with members of the community at Manchester Park to discuss what types of amenities they would like to see replace the wader pool.Based on that community input,a splash park was selected.This amenity is well-suited for park given that the location operates as a park during the hottest months of the year,and it will replace a former water feature. On June 30,2022,the City Council approved the Annual Appropriation Resolution which allocated $180,000 for the design of the new amenity. In accordance with AO 6-19,staff sent out request for Statements of Qualifications (SOQs)on November 18,2022,via Planet Bids,email,and published in The Business Journal.Three (3) Statements of Qualifications were received,and staff interviewed the three (3)qualified respondents between January 23,2023,and February 3,2023.Provost &Pritchard,Inc.,was determined to be the most qualified and responsive based on the consultant interviews.Staff negotiated a fee of $110,500 with a $10,000 contingency,for the preparation of plans,specifications,cost estimates, bidding support services, and construction support services for this project. Staff recommends approval of the proposed agreement with Provost &Pritchard,Inc.,in the amount of $110,500 with a $10,000 contingency,for the design and preparation of construction documents for the Manchester Splash Pad Project within the City of Fresno and authorizes the Public Works Director or designee to execute the Agreement on behalf of the City. The City Attorney’s Office has reviewed and approved the proposed agreement as to form. ENVIRONMENTAL FINDINGS Design of plans and cost estimates are not a “project”pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378. LOCAL PREFERENCE Provost & Pritchard, Inc., is a local business, as defined by the Fresno Municipal Code. City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-690 Agenda Date:5/11/2023 Agenda #: 1.-O. FISCAL IMPACT The proposed project is in Council District 7.The project is funded through $30,000 in Measure P and $150,000 in General Fund appropriations through the FY 2023 Annual Appropriation Resolution adopted June 30, 2022. Attachment(s): Vicinity Map Location Map Consultant Agreement City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Manchester Splash Pad N 0 1.5 30.75 Miles Project ID: PC00313Council District: 1 Manchester Park Splash PadVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 7 City_Limits Manchester Park Splash Pad AlyAlyN Fresno StN Fresno StE Dayton AveE Dayton Ave N Fresno StN Fresno StCopyright nearmap 2015 Manchester ParkSplash Pad Project ID: PC00313 Council District: 7 LOCATION MAPN 0 75 15037.5 Feet DEPARTMENT OFPUBLIC WORKS Exhibit AManchester Park Manchester Park Legend Proposed Splash Pad Manchester Park City Limits Splash Pad Location Map Manchester Park Splash Pad City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-691 Agenda Date:5/11/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Design Section SUBJECT Actions pertaining to the Cedar Avenue and Teague Avenue Intersection Improvements Project - Bid File 12301630 (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - 40th Amendment to the Annual Appropriation Resolution (AAR) No. 2022- 154 appropriating $425,000 for the Cedar Avenue and Teague Avenue Intersection Improvements project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. Award a construction contract in the amount of $828,450 to Avison Construction, Inc., of Madera, California RECOMMENDATION Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the CEQA guidelines, approve the 40th Amendment to Annual Appropriation Resolution (AAR) No. 2022-154, award a construction contract with Avison Construction, Inc. of Madera, California in the amount of $828,450 as the lowest responsive and responsible bidder for the Cedar Avenue and Teague Avenue Intersection Improvements Project, and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The proposed Cedar Avenue and Teague Avenue Intersection Improvements Project will enhance safety for the motorists, cyclists, and pedestrians who travel through this intersection daily by upgrading the existing traffic signal to include protected left-turn phasing as well as correcting existing accessibility deficiencies at the intersection. The scope of work includes the construction of a new traffic signal system that will introduce protected left-turns for the east and westbound traffic on Teague Avenue, removal and replacement of all existing corner ramps at this intersection, cutting back the median noses on Cedar Avenue, installation of a Class II bike lane on the east leg of the City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 LC/MK 7-0 R. 2023-138 APPROVED ON CONSENT File #:ID 23-691 Agenda Date:5/11/2023 Agenda #:1.-P. back the median noses on Cedar Avenue,installation of a Class II bike lane on the east leg of the intersection,and the addition of green pavement marking within the bike lane to highlight conflict areas.No right of way acquisition was needed for these improvements.The project is primarily funded by local Traffic Signal Mitigation Impact Fees,with additional local funding from the Measure C Bike Lane Program funds for the bicycle lane improvements. BACKGROUND The design phase of the project was initiated in FY23,shortly after City Council approved the budget. The engineering design and project management took one year and was completed by City of Fresno staff. The scope of the Cedar Avenue and Teague Avenue Intersection Improvements Project includes the removal and replacement of two main traffic signal poles,cabinet and traffic signal controller equipment at this intersection to provide protected left-turn movements along Teague Avenue.Other technology improvements include installation of a video detection system that will better accommodate pedestrians and cyclists,and wireless communication will be extended to the traffic signal at Cedar and Nees to provide the Traffic Operations Center staff with connectivity and communication access to this signal.Other improvements will include reconstruction of all four curb returns,including the ramps,to bring them up to current ADA standards,median noses adjustments on Cedar Avenue to provide pedestrians a direct line of travel across the intersection,installation of Class II bike lanes all the way to the intersection that will also be enhanced with green paint to make conflict areas more visible.The project will also upgrade the crosswalk markings within the intersection to the City’s current high-visibility standard.These proposed improvements will create a positive impact for all roadway users by improving the safety of this intersection for pedestrians, cyclists,and drivers.No right-of-way acquisition was needed for these improvements.Public Woks staff performed all the engineering design work and prepared the construction documents for the project. A Notice Inviting Bids was published in the Fresno Business Journal on February 13,2023,posted on the City’s website,and distributed to 11 building exchanges.The specifications were distributed to 24 prospective bidders.Three (3)bid proposals were received and opened in a public bid opening on March 21,2023,with bids ranging from $828,450 to $1,200,949.Avison Construction,Inc.submitted the apparent low bid in the amount $828,450 and was determined to be the lowest responsive and responsible bidder for the project.Local Preference was applied but did not change the determination of the lowest responsible and responsive bidder.The bids will expire on May 24,2023;if the bids are rejected or expire, the project must be rebid, which will result in a delay of approximately 90 days. The Community Workforce Agreement (PLA),adopted by Council in September 2021,does not apply to this project because the engineer’s estimate for this project was not in excess of one-million dollars, pursuant to the terms of the PLA. Staff recommends Council award a construction contract with Avison Construction,Inc.,in the amount of $828,450 for the Cedar Avenue and Teague Avenue Intersection Improvements Project as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno.The City Attorney’s Office has reviewed and approved the standardized contract as to form. City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-691 Agenda Date:5/11/2023 Agenda #:1.-P. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301/Class 1 (Existing Facilities),which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use.These exemptions apply because this project involves partial reconstruction of a traffic signal,reconstruction of sidewalks and accessible ramps that does not involve the expansion of the roadway.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 bid evaluation process did take Local Preference into consideration,but it did not affect the outcome of the determination. FISCAL IMPACT The Cedar Avenue and Teague Avenue Intersection Improvements Project is located in Council District 6.The overall cost of the project is $1,136,600 and is locally funded with local Traffic Signal Mitigation Impact Fees and Measure C Bike Lane Program funds.Of the overall budget of the project,$828,450 will be used for the construction contract award.The project will have no impact to the General Fund. Attachment(s): CEQA Environmental Assessment 40th Amendment to Annual Appropriations Resolution No. 2022-154 Vicinity Map Bid Evaluation Fiscal Impact Statement Standardized Contract City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT PW00961 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Steve Delsid Department of Public Works City of Fresno 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: The Intersection of East Teague Avenue and North Cedar Avenue in Fresno, California PROJECT DESCRIPTION: The City of Fresno Department of Public Works is proposing to make improvements to the intersection of East Teague Avenue and North Cedar Avenue. The proposed project will modify the existing traffic signal and slurry seal the pavement across the intersection. The existing curb, gutter, and sidewalk at all intersection corners of the project location will be replaced. The intersection will be restriped, and all lane widths of the segment will be reduced to provide a uniform roadway segment by adding bike lanes. The intersection improvements will be completed within the City right-of-way and no other improvements outside of this right-of-way will be modified. This project is exempt under Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. Specifically included in this class of exemption are: (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); and d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. The proposed project to make improvements to the intersection of East Teague Avenue and North Cedar Avenue will rehabilitate the intersection without increasing roadway capacity. No additional traffic or associated traffic impacts will result from the proposed improvements. The project is consistent with the Fresno General Plan and complies with all conditions described in Section 15301/Class 1 of the California CEQA Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project. Date: March 02, 2023 Prepared By: Steve Delsid, PE Submitted by: Steve Delsid Professional Engineer City of Fresno Public Works Department (559) 621-8725 Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 40th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $425,000 FOR THE TRAFFIC SIGNAL AT CEDAR & TEAGUE AVENUES LEFT TURN PHASING PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC WORKS DEPARTMENT UGM Traf Signal/Mitiga Imp Fee $ 425,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: UGM Traf Signal/Mitiga Imp Fee Revenues: Account String: 3100-3146-2050-540-430101-20-5-0000-0000- $ 425,000 Total Revenues $ 425,000 Appropriations: Account String: 3100-3146-9999-000-757507-20-5-0000-0000- $ 425,000 Project String: 209900288-CONSTR_PH-CCNT Total Appropriations $ 425,000 THAT the purpose is to appropriate $425,000 for the traffic signal at Cedar & Teague avenues left turn phasing project. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Cedar Ave and Teague Ave N 0 1.5 30.75 Miles Project ID: PW00961Council District: 6 Cedar and Teague Traffic Signal ImprovementsVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 6 City_Limits FISCAL IMPACT STATEMENT PROGRAM: Cedar and Teague Left Turn Phasing PW00961 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $ 828,450 Indirect Cost $ 308,150 TOTAL COST $1,136,600 Additional Revenue or Savings Generated $0 Net City Cost $1,136,600 Amount Budgeted (If none budgeted, identify source) $ 907,200 Indirect cost consists of the following: Preliminary Engineering $ 85,000 Construction Utilities $ 6,700 Construction Materials $ 40,000 Construction Engineering $112,300 Contingency $ 82,850 Total $308,150 The Cedar and Teague Left Turn Phasing Project is locally funded by Traffic Signal Mitigation Impact Fees with additional funding from the Measure C Bike Lane program funds for the bicycle lane improvements. DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 04-21 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev. 04-21 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: TODD STERMER&0& City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-692 Agenda Date:5/11/2023 Agenda #: 1.-Q. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Design Section SUBJECT Actions pertaining to the Bus Rapid Transit (BRT) Corridor Pedestrian Improvements Project - Bid File 12301743 (Citywide) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1, Section 15302/Class 2, and Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - 41 st Amendment to the Annual Appropriation Resolution (AAR) No. 2022- 154 appropriating $200,300 for the BRT Corridor Pedestrian Improvements project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. Award a construction contract in the amount of $1,469,097 to Pelagic Engineering, of Oxnard, California RECOMMENDATION Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities), Section 15302/Class 2 (Replacement or Reconstruction), and Section 15303/Class 3 (New Construction of Conversion or Small Structures), approve the 41 st Amendment to Annual Appropriation Resolution (AAR) No. 2022-154, award a construction contract with Pelagic Engineering, of Oxnard, California in the amount of $1,469,097 as the lowest responsive and responsible bidder for the Bus Rapid Transit (BRT) Corridor Pedestrian Improvements Project and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The scope of work proposed for the BRT Corridor Pedestrian Improvements Project includes replacement of pedestrian indication heads (ped-heads) with “countdown” type heads, replacement of pedestrian pushbuttons (PPBs) with accessible pedestrian signal (APS), or audible PPBs, and refreshing crosswalk striping where needed. This work affects 51 intersections along Blackstone City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 LC/MK 7-0 R. 2023-139 APPROVED ON CONSENT File #:ID 23-692 Agenda Date:5/11/2023 Agenda #: 1.-Q. refreshing crosswalk striping where needed.This work affects 51 intersections along Blackstone Avenue,from Divisadero Street to Nees Avenue,and Ventura Avenue/Kings Canyon Road from Van Ness Avenue to Phillip Avenue -effectively the entire BRT corridor.This project is funded with a grant from the Federal Active Transportation Program (ATP Cycle 3),with supplemental funding provided through Measure C. BACKGROUND The BRT Corridor Pedestrian Improvements Project was included with the City’s application package for the State of California’s ATP Cycle 3 Call for Projects that was adopted by Council resolution on May 28,2016.The project was initiated when the grant funding for design became available and approved in the FY2020 budget.Project design commenced thereafter,and preliminary engineering design and project management took approximately 30 months. The BRT Corridor Pedestrian Improvements Project will remove and replace existing pedestrian signal heads at many of the signalized intersections along the BRT corridor:Blackstone Avenue,from Divisadero Street to Nees Avenue,and Ventura Avenue/Kings Canyon Road from Van Ness Avenue to Phillip Avenue,totaling fifty-one (51)affected intersections.The scope of the project includes pedestrian indication head upgrades to the current “countdown”style at 46 intersections.Some existing ped-heads have previously been upgraded to this technology,some needing only a height adjustment to bring them into full compliance with Americans with Disabilities Act requirements. Additionally,there are 38 intersections which need pedestrian push buttons upgraded to the ADA- compliant models which provide audible and tactile feedback for vision and hearing-impaired roadway users.The project scope also includes replacement of crosswalk stripes that have become faded,worn,or otherwise damaged at 18 intersections.In all,51 intersections along the Blackstone Avenue and Ventura Avenue/Kings Canyon Road corridors will receive pedestrian improvements. A Notice Inviting Bids was published in the Business Journal and posted on the City’s website on February 22,2023,and sent to 10 building exchanges.Specifications were distributed to 13 prospective bidders.Three (3)sealed bids were received and opened in the public bid opening held at City Hall on March 28,2023,with bid proposals ranging from $1,469,097 to $2,461,450.Pelagic Engineering,with their bid of $1,469,097,was determined to be the lowest responsive and responsible bidder.The bids expire on May 31,2023.If the bids are rejected or expire,the project must be rebid which will result in a delay of approximately 90 days. The project’s construction grant funding authorization was received prior to the City’s adoption of the Community Workforce Agreement (PLA);therefore,the project labor agreement requirements were not applied to this project. Staff is recommending award of a construction contract to Pelagic Engineering in the amount of $1,469,097 for the BRT Corridor Pedestrian Improvements Project as the lowest responsive and responsible bidder and to authorize the Public Works Director or designee to sign and execute the contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301/Class 1 City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-692 Agenda Date:5/11/2023 Agenda #: 1.-Q. it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301/Class 1 (Existing Facilities),which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use,Section 15302/Class 2 (Replacement or Reconstruction),which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced,and Section15303/Class 3 (New Construction or Conversion of Small Structures),consisting of construction and location of limited numbers of new small facilities or structures;installation of small new equipment of facilities in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.These exemptions apply because this project involves partial reconstruction of a traffic signal,reconstruction of sidewalks and accessible ramps that do not involve the expansion of the roadway.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 Not applicable due to the requirements of federal funding. FISCAL IMPACT The BRT Corridor Pedestrian Improvements Project affects intersection locations in all seven Council Districts.The overall cost of the project is $1,914,400 and is grant funded by a federal Active Transportation Program (ATP)grant.The required local match is funded by Measure C ADA Compliance funds.Of the overall budget of the project,$1,469,097 will be used for the construction contract award.Adoption of the attached AAR Amendment Resolution will appropriate the necessary funding to award the construction contract in the current fiscal year.Additional appropriations for the remaining project costs will be included in the City’s fiscal year 2024 budget.The project will have no impact to the General Fund. Attachment(s): CEQA Environmental Assessment 41st Amendment to Annual Appropriations Resolution No. 2022-154 Vicinity Map Bid Evaluation Fiscal Impact Statement Standardized Contract City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. PW00829 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: City of Fresno Department of Public Works 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: Fifty-two intersections located along 13.5 miles of the North Blackstone Avenue/North Abby Street and East Kings Canyon Road/Ventura Street Bus Rapid Transit corridors. PROJECT DESCRIPTION: The proposed project includes upgrades to the pedestrian countdown signals at all 52 intersections, and upgrades to the accessible pedestrian push buttons at 49 of the 52 intersections to provide for improved travel paths and longer ravel times for pedestrians. This project is exempt under Section(s) 15301/Class 1, 15302/Class 2, and 15303/Class 3 of the State of California CEQA Guidelines. EXPLANATION: Section 15302 Class 1 exemptions, for projects pertaining to Existing Facilities, consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); Rehabilitation of existing facilities to meet current standards of public health and safety; and, the Addition of safety or health protection devices for use in conjunction with existing facilities, including navigational devices. Section 15303 Class 2 exemptions, for projects involving Replacement or Reconstruction, consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Examples include but are not limited to: Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and, Conversion of overhead electric utility distribution systems to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Section 15303 Class 3 exemptions, consists of construction and location of limited numbers of new, small facilities or structures; installation fo small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Examples of this exemption include, but are not limited to, water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The proposed project involves minor alteration to the rights-of-way with intersection improvements to improve public safety (vehicles and pedestrians) at the intersection of Fresno Street and Browning Avenue. No vegetation will be removed. The proposed project complies with all conditions described in 15301/Class 1, 15302/Class 2, and 15303/Class 3 of the California CEQA Guidelines. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines section 15300.2, apply to this project. No adverse environmental impacts will occur as a result of the proposed project. Date: April 11, 2023 Prepared By: Steve Delsid, Supervising Professional Engineer Submitted By: ______ Steve Delsid, Supervising Professional Engineer City of Fresno Department of Public Works (559) 621-8725 Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 41st AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $200,300 FOR THE BRT-ATP INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC WORKS DEPARTMENT Meas C-PW Alloc ADA Compliance $ 200,300 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Meas C-PW Alloc ADA Compliance Retained Earnings: Account String: 2500-2507-9999-000-390010-20-5-0000-0000- $ 150,000 Total Retained Earnings $ 150,000 Revenues: Account String: 2500-2507-9999-000-430101-20-5-0000-0000- $ 50,300 Total Revenues $ 50,300 Appropriations: Account String: 2500-2507-9999-000-757507-20-5-0000-0000- $ 200,300 Project String: 209900164-CONSTR_PH-CCNT Total Appropriations $ 200,300 THAT the purpose is to appropriate $200,300 for the BRT-ATP Intersection Improvement project. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Ventura/Kings Canyon from Van Ness to Phillip N 0 1.5 30.75 Miles Project ID: PW00829Council District: All Districts BRT Pedestrian ImprovementsVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 1 District 2 District 3 District 4 District 5 District 6 District 7 City_Limits Blackstone/Abby from Divisadero to Nees Evaluation Form With DBE Goal Rev. 07-2022 FISCAL IMPACT STATEMENT PROGRAM: Rebid Bus Rapid Transit Pedestrian Countdown head and APS Push Button Upgrade Project PW00829 12301743 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $1,469,097 Indirect Cost $ 445,303 TOTAL COST $1,914,400 Additional Revenue or Savings Generated $0 Net City Cost $1,914,400 Amount Budgeted (If none budgeted, identify source) $1,572,600 Indirect cost consists of the following: Preliminary Engineering $135,900 Construction Engineering $162,500 Contingency $146,903 Total $445,303 The Bus Rapid Transit Pedestrian Countdown head and APS Push Button Upgrade Project is grant funded by an Active Transportation Program (ATP) grant. Required local match is funded by Measure C PW Allocation for ADA Compliance funds. DPW 23.0 PWI/07-30-18 A221316 DPW Fed FHWA Div I Rev08-22.pdf 1.28 rev. 08.22 SAMPLE CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 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. [Signatures follow on the next page.] DPW 23.0 PWI/07-30-18 A221316 DPW Fed FHWA Div I Rev08-22.pdf 1.29 rev. 08.22 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: Todd Stermer, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 PWI has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Attachment: Form 1273 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-694 Agenda Date:5/11/2023 Agenda #: 1.-R. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Design Section SUBJECT Reject all bids for the John Muir Elementary Safe Routes Project - Bid File 12301163 (Council District 3) RECOMMENDATION Staff recommends City Council reject all bids for the John Muir Elementary Safe Routes Project and direct staff to rebid the project. EXECUTIVE SUMMARY Staff recommends that the City Council reject all bids for the John Muir Elementary Safe Routes Project. Upon rejection of the bids, staff will revise the bid documents to incorporate the Community Workforce Agreement language and proceed with a rebid. The John Muir Elementary Safe Routes Project includes new construction and reconstruction of improvements along three local streets, Dennett Avenue, Elizabeth Street, and Dudley Avenue, adjacent to John Muir Elementary to provide sidewalks to the school. These improvements total approximately 1,900 feet of local roadway reconstruction, curb and gutter construction, and the placement of sidewalks along the three local residential roads. Other work includes drainage improvements, driveway improvements, and pedestrian ramp improvements. BACKGROUND The design phase of the project was initiated in FY20, shortly after City Council approved the budget. The engineering design, project management, and right-of-way acquisition took three years and was completed by City of Fresno staff. The project’s scope of work includes demolition and reconstruction of approximately 1,900 feet of City of Fresno Printed on 5/5/2023Page 1 of 2 powered by Legistar™ 5/11/2023 NEW FILE ID 23-814 MOVED TO MAY 25, 2023 File #:ID 23-694 Agenda Date:5/11/2023 Agenda #: 1.-R. The project’s scope of work includes demolition and reconstruction of approximately 1,900 feet of local streets,including Dennett Avenue,Elizabeth Street,and Dudley Avenue,all of which are immediately adjacent to John Muir Elementary.This will alter the roadways’configurations sufficient to accommodate the construction of ADA-compliant pedestrian facilities along these three roads.The roadway improvements include sidewalk,curb and gutter,asphalt paving,and storm drain improvements to provide a safe route for residents to access the elementary school,as well as other destinations within the neighborhood.Right-of-way was needed for the construction of the sidewalk, which was acquired by Public Works staff. A Notice Inviting Bids was published in the Fresno Business Journal on February 13,2023,posted on the City’s website,and distributed to Twelve (12)building exchanges.The specifications were distributed to Twenty-Two (22)prospective bidders.Four (4)sealed bid proposals were received and opened in a public bid opening on March 28,2023,with bids ranging from $1,695,390 to $1,720,460. Avison Construction,Inc.submitted the apparent low bid in the amount $1,695,390 and was determined to be the lowest responsive and responsible bidder for the project.The bids will expire on May 31, 2021. Upon evaluation of the bid proposals,it was determined that the bid specifications did not contain the necessary Community Workforce Agreement language.Since the project’s engineer’s estimate exceeded one-million dollars,the language should have been included and the bidders allowed to submit bids with pricing that reflected those requirements.Staff recommends that Council reject all bids on the basis that the bid is incomplete without the inclusion of the Community Workforce Agreement requirements.Public Works will immediately revise the specifications to include the Community Workforce Agreement language and rebid the project to ensure construction complies with the agreement. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines,Section 15378, the rejection of all bids does not qualify as a “project” as defined by the CEQA requirements. LOCAL PREFERENCE The local preference was not implemented because this action is to reject all bids. FISCAL IMPACT The proposed project is located within Council District 3.A rejection of all bids will result in additional staff costs to rebid the project.The adopted project budget has sufficient funding to cover the additional staff costs needed to rebid the project. There will be no impact to the General Fund. Attachment(s): Vicinity Map Bid Evaluation City of Fresno Printed on 5/5/2023Page 2 of 2 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Dennett Avefrom Wilson Ave to Echo Ave Elizabeth Stfrom Wilson Ave to Echo Ave Dudley Avefrom Ferger Ave to Echo Ave N 0 1.5 30.75 Miles Project ID: PW00893Council District: 3 John Muir SidewalksVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 3 City_Limits City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-695 Agenda Date:5/11/2023 Agenda #: 1.-S. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Design Section SUBJECT Award a construction contract in the amount of $2,168,547.75 to A-C Electric Company, of Fresno, California for the Fresno Street Corridor Project - Bid File 12301137 (Council Districts 3, 4, 6, and 7) RECOMMENDATION Staff recommends the City Council award a construction contract with A-C Electric Company of Fresno, California for the Fresno Street Corridor Project in the amount of $2,168,547.75 as the lowest responsive and responsible bidder, and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The proposed Fresno Street Corridor Project will enhance safety for the motorists, cyclists, and pedestrians who travel the Fresno Street Corridor, from B Street to Friant Road, by constructing traffic signal upgrades at R Street and Clinton Avenue to introduce protected left-turn phasing, installation of two new High-intensity Activated crossWalK (HAWK) pedestrian signals at Thomas Avenue and San Jose Avenue, and by upgrading 26 intersections along the corridor with count-down pedestrian indication heads as well as refreshing crosswalk striping where needed. Additional right-of -way was acquired at two of the intersections as part of the project. The project is funded by a grant from the federal Highway Safety Improvement Program (HSIP) and local SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. BACKGROUND The design phase of the project was initiated in FY2020, following the Council approval of the grant application, notification of a successful grant application, and adoption of the budget. The engineering design, project management, and right-of-way acquisition took three and a half years to City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 MA/NE 5-0 LC, AP ABSENT File #:ID 23-695 Agenda Date:5/11/2023 Agenda #: 1.-S. complete. All engineering design, management, and real estate work was performed by city staff. The scope of the project includes the upgrade of the existing traffic signals along the Fresno Street corridor at R Street and Clinton Avenue to introduce protected left turn phasing for all directions of travel.These improvements will also provide protected pedestrian crossing phases in addition to the exclusive left turns.These improvements will enhance the safety of the two intersections for motorists,pedestrians and cyclists.Additionally,two new HAWK’s will be constructed,one at the intersection of Fresno Street and Thomas Avenue,and the other at the intersection of Fresno Street and San Jose Avenue,which will provide pedestrians improved safety when crossing the street.This project will also replace 141 older style pedestrian indication heads at 26 intersections along the Fresno Street corridor with new count-down pedestrian heads to show pedestrians how many seconds remain in the pedestrian phase of the signal so they can better gauge whether or not they should start crossing the intersection,or,if they already started,how much time remains before the next vehicle phase.Other improvements include reconstruction of seven curb ramps,to bring them up to current ADA standards,median nose adjustments at Fresno Street and R Street to provide pedestrians a direct line of travel across the intersection,installation of Class II bike lanes at Fresno Street and Clinton Avenue,reconstruction of a drive approach,the roadway enhancement by an asphalt grind and overlay at Fresno Street and Clinton Avenue,and restriping at some of these intersections.Collectively,these proposed improvements will create a positive impact for all roadway users by improving safety along the Fresno Street corridor for pedestrians,cyclists,and drivers alike. Right-of-way acquisition was needed for these improvements and has been fully acquired by City staff.Public Woks staff also performed all survey and engineering design tasks,including preparation of the construction documents and project management duties. A Notice Inviting Bids was published in the Fresno Business Journal on March 3,2023,posted on the City’s website,and distributed to 9 building exchanges.The specifications were distributed to 21 prospective bidders.Two (2)bid proposals were received and opened in a public bid opening on April 4,2023,with bids amounts of $2,168,547.75 and $2,910,905.00.A-C Electric Company submitted the apparent low bid of $2,168,547.75 and was determined to be the lowest responsive and responsible bidder for the project.Local Preference was not applied as the project is federally funded.The bids will expire on June 7,2023;if the bids are rejected or expire,the project must be rebid, which will result in a delay of approximately 90 days. This contract is covered by the Community Workforce Agreement (PLA),as adopted by Council in September 2021.The Contractor shall become signatory to the PLA by executing the Agreement To Be Bound. Staff recommends Council award a construction contract with A-C Electric Company,in the amount of $2,168,547.75 for the Fresno Street Corridor Project as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment of this project and determined that it falls within the Categorical Exemption as set forth in CEQA Guidelines,Section 15301/Class 1 (Existing Facilities)and Section15303/Class 3 (New Construction or Conversion of Small Structures).These exemptions apply because this project involves partial reconstruction of traffic signals,construction of City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-695 Agenda Date:5/11/2023 Agenda #: 1.-S. exemptions apply because this project involves partial reconstruction of traffic signals,construction of HAWKs,and reconstruction of sidewalks and accessible ramps that does not involve the expansion of the roadway.Furthermore,staff determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,section 15300.2 apply to this project.On October 13,2022 City Council adopted a finding of Categorical Exemption per staff’s determination pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the CEQA Guidelines for this project. LOCAL PREFERENCE Local Preference is not applicable due to Federal funding requirements. FISCAL IMPACT The Fresno Street Corridor Improvements Project is located in Council Districts 3,4,6 and 7.The overall cost of the project is $3,218,970 and is funded by a grant through the federal HSIP program, with a local match from SB1 RMRA funds. The project will have no impact to the General Fund. Attachment(s): Vicinity Map CEQA Environmental Assessment Bid Evaluation Fiscal Impact Statement Standardized Contract City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Fresno St & "R" St N 0 1.5 30.75 Miles Project ID: PW00882Council District: 3,4,6,7 Fresno Street Corridor ImprovementsVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 3 District 4 District 6 District 7 City_Limits Fresno St & Clinton Ave Fresno St & San Jose Ave Fresno St & Thomas Ave Fresno St Pedestrian Countdown Headsfrom "B" St to Friant Rd CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P20-01297 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Steve Delsid City of Fresno Department of Public Works 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: All intersections along Fresno Street between B Street and North Friant Road in the City of Fresno PROJECT DESCRIPTION: Environmental Assessment Application No. P20-01297 was filed by Steve Delsid, on behalf of the City of Fresno Department of Public Works, and pertains to approximately 29 acres of property. The project proposes the replacement of pedestrian heads at every intersection along Fresno Street from B Street to North Friant Road. The pedestrian head replacement simply replaces existing pedestrian heads with a countdown pedestrian head to provide the amount of time remaining before the green lights come on for the conflicting approach. The project also consists of two traffic signal modifications. The first is at Fresno and R Streets and the second is at Fresno Street and Clinton Avenue. The project also includes the construction of two High-Intensity Activated Crosswalks (HAWK) near Fresno Street and San Jose Street, as well as at Fresno Street and Thomas Avenue. The project construction will require a small amount of right of way (ROW) from four location at six parcels, specifically parcels 459-345- 32S, 459-345-34S, 459-345-37, 466-035-07T, 418-060-17, and 418-181-15 with ROW needs ranging from 453 square feet to 30 square feet. This project is exempt under Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines as follows: Under Section 15301/Class 1, the proposed project is exempt from CEQA requirements when the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. Specifically included in this class exemption are: Existing highways and streets, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); and Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Section 15303/Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. An example of this exemption includes water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The proposed project consists of upgrading the existing pedestrian heads along Fresno Street from B Street to North Friant Road, modifying traffic signals at Fresno Street and R Street and at Fresno Street and Clinton Avenue, and constructing two High-Intensity Activated Crosswalks (HAWK). These operational upgrades do not constitute an expansion of use as they are safety enhancements rather than capacity enhancements. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. Date: May 11, 2020 Prepared By: Marisela Martínez, Planner I Submitted by: McKencie Perez McKencie Perez Supervising Planner City of Fresno Planning & Development Department (559) 621-8277 Evaluation Form With DBE Goal Rev. 07-2022 FISCAL IMPACT STATEMENT PROGRAM: Fresno Street Corridor Improvements Bid No. 12301137 PW00882 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $2,168,547.75 Indirect Cost $1,050,422.25 TOTAL COST $3,218,970.00 Additional Revenue or Savings Generated $0 Net City Cost $3,218,970.00 Amount Budgeted (If none budgeted, identify source) $2,428,600 Preliminary Engineering $350,000.00 Right of Way $128,600.00 Construction Utilities $ 9,200.00 Construction Materials $136,370.00 Construction Engineering $209,400.00 Contingency $216,852.25 Total $1,050,422.25 The Fresno Street Corridor Improvements Project is federally funded with a grant from Highway Safety Improvement Program (HSIP). DPW 23.0 PWI/07-30-18 FHWA/PLA DIV I.pdf 1.30 rev. 03-22 SAMPLE CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 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. 6. 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. [Signatures follow on the next page.] DPW 23.0 PWI/07-30-18 FHWA/PLA DIV I.pdf 1.31 rev. 03-22 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: 72''67(50(5, &0& City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 PWI has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Attachment: Form 1273 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-697 Agenda Date:5/11/2023 Agenda #:1.-T. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION - Of Intention to Annex Final Tract Map No. 6276 as Annexation No. 144 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, June 22, 2023, at 10:00 am (located on the northwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) RECOMMENDATION Adopt Resolution of Intention to Annex Final Tract Map No. 6276 to City of Fresno Community Facilities District No. 11 (CFD No. 11). EXECUTIVE SUMMARY The landowner (Lennar Homes) has petitioned the City of Fresno to have Final Tract Map No. 6276 (83 Lot Single-Family Home Subdivision) annexed to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. The cost for the Services for these improvements is $1,183.73 per lot annually for Fiscal Year 2022-2023, which includes Final Tract Map No. 6276’s share of the Services provided to Parc West Drive. Final Tract Map No. 6276 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, June 22, 2023, at 10:00 am, and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND Subdivision: 6276 Developer: Lennar Homes Number of Lots: 83 City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 LC/MK 7-0 R. 2023-140 APPROVED ON CONSENT File #:ID 23-697 Agenda Date:5/11/2023 Agenda #:1.-T. Maximum Special Tax Per Lot: $1,183.73 Features: Certain required above ground public improvements; including Landscaping and irrigation systems; concrete and hardscape improvements, paving, street lighting, park hardscaping and amenities. On November 15,2005,the Council of the City of Fresno adopted Council Resolution No.2005-490 forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local street lighting and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No.6276 annexed to CFD No.11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to certain required above ground public improvements within the dedicated City public easements and outlots;this includes the landscaping,trees and irrigation systems;concrete curbs, gutters,valley gutters,major street median capping and maintenance band,sidewalks and curb ramps,street name signage,street lighting,and local street paving associated with this subdivision. (See attached Location and Feature Maps.) Final Tract Map No.6276 is not a phased map and is located entirely within City limits.This Annexation is Phase III of the larger Parc West Development. The attached Resolution initiates the annexation process,sets the public hearing on this matter for Thursday,June 22,2023,at 10:00 am,sets the Maximum Special Tax at $1,183.73 annually per residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI),if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law.The legislative body must follow certain prescribed procedures as outlined below: ·Adoption of a Resolution of Intention to Annex to CFD No. 11 ·Required 7-day minimum Notice of Public Hearing ·Public hearing on Annexation and Levy of Special Tax ·Call a Special Mailed-Ballot Election on the proposed Special Tax ·Declare the Results of the Election ·Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this action is not a project. LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-697 Agenda Date:5/11/2023 Agenda #:1.-T. Local preference was not implemented,as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachment(s): Location Map Feature Map Resolution of Intention City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING DIVISION FINAL TRACT MAP NO. 6276 DISTRICT 1 ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 NORTH PARC WES T D R I V E 1 8 7 6 5 4 3 2 9 10 11 12 13 20 21 18 19 15 16 17 14 27 26 25 22 23 24 28 39 29 38 30 37 31 36 32 35 33 34 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 40 41 42 58 59 60 61 66 67 68 69 70 71 72 73 74 75 76 77 78 79 62 63 64 65 80 81 82 83 NORTH GRANTLAND AVENUEWEST DONNER AV E N U E WEST RAYBURN A V E N U E WEST NORWICH AV E N U ENORTH BONTA AVENUEWEST GETTYSBUR G A V E N U E NORTH MARUYAMA AVENUENORTH PHOENIX AVENUEFINAL TRACT MAP NO. 6276 BUFFERS/OUTLOTS/MEDIAN TREES & SHRUBS = 49,644 SF SMALL TREES = 107 EA LARGE TREES = 2 EA FEATURES TO BE ADDED BY ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION N STREET LIGHTS: LOCAL STREET PAVEMENT: CONCRETE IMPROVEMENTS:LANDSCAPE AND IRRIGATION: 22 EA TRAIL AMENITIES: INTERIOR RESIDENTIAL = 113,967 SF TRAIL = 17,237 SF CURB & GUTTER = 6,425 LF VALLEY GUTTER = 2,902 SF SIDEWALK & CURB RAMPS = 34,636 SF MEDIAN CURB = 2,050 SF LIGHTS = 7 EA DOG STATION = 1 EA BLOCK WALL = 868 LF 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL TRACT MAP NO. 6276 AS ANNEXATION NO. 144 TO THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES WHEREAS, the City of Fresno (City) is a charter city and municipal corporation duly created and existing under the Constitution and laws of the State of California; and WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law), this Council, as the legislative body for the community facilities district and any annexation thereto, has the authority to establish a community facilities district and annex property to the community facilities district; and WHEREAS, on November 15, 2005, the Council of the City of Fresno (Council) adopted Council Resolution No. 2005-490 establishing the City of Fresno Community Facilities District No. 11 (CFD No. 11); and WHEREAS, the original boundaries of CFD No. 11 are shown on the Boundary Map of City of Fresno Community Facilities District No. 11, recorded November 8, 2005, at Book 41, Page 61 of Assessment and Community Facilities Districts in the Office of the Recorder, County of Fresno, California, a copy of which is on file in the Office of the City Clerk of the City of Fresno (City Clerk); and WHEREAS, the territory encompassing the existing CFD No. 11 is attached hereto as Exhibit A and incorporated herein by this reference; and 2 of 6 WHEREAS, the landowner of Final Tract Map No. 6276 has formally petitioned the City to annex Final Tract Map No. 6276 to CFD No. 11, and the area proposed for annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the types of public services provided in the existing CFD No. 11 (Services) are specified in the document attached hereto as Exhibit C, Page C-3, and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 144 by CFD No. 11, are specified in the document attached hereto as Exhibit C, Page C-1, and incorporated herein by this reference; and WHEREAS, Annexation No. 144, Final Tract Map No. 6276 is located entirely within the limits of the City of Fresno; and WHEREAS, CFD No. 11 and Annexation No. 144 will share costs proportionately for Services provided by the City; and WHEREAS, Annexation No. 144 is Phase III of the larger Parc West Development, represented in Exhibit B and incorporated herein by reference; and WHEREAS, every phase of the Parc West Development will share costs proportionately for the Services provided to Parc West Drive, which was annexed into CFD No. 11 in Phase I, Annexation No. 141; and WHEREAS, other areas within the Parc West Development, concurrently with becoming final maps, have been or may be annexed to CFD No. 11, only the taxable property within Annexation No. 144, Final Tract Map No. 6276, Pha se III, will share costs of Services provided by CFD No. 11. 3 of 6 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The forgoing recitals are true and correct. 2. Proposed Annexation No. 144 Boundaries. The proposed boundaries of Annexation No. 144 are as shown on the map (copy attached as Exhibit B) on file with the City Clerk. The boundaries, shown in Annexation Map No. 144, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 144, or cause it to be recorded, in the Office of the Recorder, Fresno County, California within ten days after the adoption date of this resolution. 3. Services. The operation and reserves for maintenance (Services) proposed to be financed in and by Annexation No. 144 are listed on Pages C-1 and C-2, respectively, of Exhibit C, attached hereto and incorporated herein by this reference. 4. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services in Annexation No. 144 and Annexation No. 144’s share of the Services for Parc West Drive, a special tax sufficient to pay the costs (Special Tax) thereof, secured by recording a continuing lien against all nonexempt real property in Annexation No. 144 will be levied annually within Annexation No. 144, and collected in the same manner as ordinary ad valorem property taxes, or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of th e Special Tax among the real property parcels within Annexation No. 144 are described in sufficient detail for each landowner within Annexation No. 144 to estimate the maximum amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein by this reference. 4 of 6 5. District Annexation Report. The Director of Public Works Department, as the officer having charge and control of the Services in and for CFD No. 11, or designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the City Clerk a report of CFD NO. 11, Annexation No. 144 (District Report), in writing presenting the following: a. A description of the Services by type required to adequately meet the needs of CFD No. 11, Annexation No. 144. b. An estimate of the fair and reasonable cost of the Services including the cost of acquiring land, rights-of-way and easements, costs of any physical services required in conjunction therewith, and incidental expenses in connection therewith. c. Describe any plan for Services that will be provided in common with the existing district and/or any territory that may be annexed. d. If the Special Tax levied within the territory proposed to be annexed is higher or lower than the existing CFD No. 11, identify the extent and reasons why the costs to provide Services in that territory are higher or lower than those provided in the existing CFD No. 11. Specify any alteration in the special tax rate levied within the existing CFD No. 11 because of the proposed annexation. e. The CFD No. 11, Annexation No. 144 District Report shall be made a part of the record of the public hearing specified below. 6. Single Ballot. The propositions to set the appropriations limit and to approve the levy of the Special Tax shall be combined into a single ballot and submitted to the voters pursuant to City Law. 5 of 6 7. Public Hearing. Thursday, June 22, 2023 at 10:00 a.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that this Council, the legislative body for CFD No. 11, will conduct a public hearing on the annexation of Final Tract Map No. 6276 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 8. Public Notice. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation published in the area of CFD No. 11. The publication shall be complete at least seven days before the hearing date set herein. The notice shall be in the form specified by Sections 53339.4 and 53322 of Chapter 2.5 of the California Government Code. 9. This resolution shall be effective upon final approval. Attachments: Exhibit A: Original Boundaries of CFD No. 11 Exhibit B: Annexation Map No. 144 Exhibit C: Description of Services Exhibit D: Rate and Method of Apportionment of Special Tax 6 of 6 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 ______________ 2023. AYES : NOES : ABSENT : ABSTAIN : TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen ·|}þ41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ99 ·|}þ99 ·|}þ180 Legend State Routes Rail Road Street Centerline CFD11 City Boundary Limits µ Exhibit A Date: 3/13/2015 OUTLOT A FINAL TRAC T MAP NO. 627 6 1 8 7 6 5 4 3 2 9 10 11 12 13 20 21 18 19 15 16 17 14 27 26 25 22 23 24 28 39 29 38 30 37 31 36 32 35 33 34 43 44 45 46 47 48 49 50 51525354555657 40 41 42 585960 61 66 67 68 69 70 71 72 73747576777879 62 63 64 65 808182 83 CITY OF FRESNO - Public Works Department ANNEXATION MAP NO. 144 OF COMMUNITY FACILITIES DISTRICT NO. 11 OF THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA CFD11 144 A1 1-P-1485 REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY OF , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 144 OF THE COMMUNITY FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2023- ON , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY THIS ANNEXATION MAP NO. 144 OF THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023 AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA PAUL DICTOS, C.P.A. COUNTY RECORDER OF THE COUNTY OF FRESNO BY: NTERRITORY TO BE ANNEXED TO THE CITY CFD NO. 11 BOUNDARY LINE OF NEW TERRITORY NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D) EXHIBIT B EXHIBIT C C-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 144 (Final Tract Map No. 6276) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6276, Annexation No. 144 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, street lighting, and local street paving associated with this subdivision. Such facilities may also include, without limitation. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expens es shall be subject to the successful annexation of Annexation No. 144 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 Description of Services to be Financed by Community Facilities District No. 11 for Parc West Drive The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Parc West Drive are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, major street median hardscaping, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, and street lighting. Such facilities may also include, without limitation, all hardscaping and park amenities and structures associated with the subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 144 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-3 City of Fresno Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11) are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar lan dscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The pr ovision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT D D-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for Final Tract Map No. 6276 (83 lots) and Final Tract Map No. 6276’s share of Parc West Drive. Parc West Drive includes a total of 722 lots (counting the 83 from Tract No. 6276). All Final Maps in the Parc West area will share equally the cost of Services for Parc West Drive. The total number of lots within the Parc West area may be subject to change, per the allowable amounts, in accordance with the Subdivision Map Act/Fresno Municipal Code. The costs will be updated with future annexation s, as needed, if the total number of lots is less than or greater than 722. ITEM DESCRIPTION (T-6276) ESTIMATED COST 1 Landscape Operational Costs $28,297.00 2 Other Operational Costs $586.00 3 Reserve for Replacement $24,459.00 4 Incidental Expenses $1,245.00 Total $54,587.00 ITEM DESCRIPTION (Parc West Drive) ESTIMATED COST 1 Landscape Operational Costs $177,273.00 2 Other Operational Costs $2,241.00 3 Reserve for Replacement $189,464.00 4 Incidental Expenses $10,830.00 Total $379,808.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6276 $1,183.73 83 $500,000.00 Essential Housing Asset Management, LLC EXHIBIT D D-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property su bsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT D D-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay admin istrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT D D-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6276 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6276 $1,183.73 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT D D-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6276 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-704 Agenda Date:5/11/2023 Agenda #: 1.-U. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division MELISSA BLAU, Projects Administrator Public Works Department, Transportation Project Management SUBJECT Approve Amendment No. 2 to the Measure C Agreement with the Fresno County Transportation Authority, to allocate the Construction funding for the widening of the Herndon Avenue/Burlington Northern Sante Fe (BNSF) overpass between Polk Avenue and Milburn Avenue (Urban Project, K- 11), in the amount of $17,022,000.00 (Council District 2) RECOMMENDATION Staff recommends that the City Council approve Amendment No. 2 to allocate $17,022,000 of Measure C Regional Transportation funds into the construction phase of the widening of the Herndon Avenue/Burlington Northern Sante Fe (BNSF) overpass from Polk Avenue to Milburn Avenue (Urban Project, K-11); and authorize the Public Works Director or designee to execute the amendment on behalf of the City of Fresno. EXECUTIVE SUMMARY The widening of Herndon Avenue to six lanes between Polk Avenue and Milburn is a Regional Urban Tier 1 project in the current Measure C Expenditure Plan. Funding for this project has been previously approved by the Fresno County Transportation Authority (FCTA) through the Measure C Cooperative Agreement executed with the City in May 2013. The City’s Transportation Project Management Section is working to have design completed and begin the construction phase of the project in Fiscal Year 2024 (FY24). Approval of Amendment No. 2 will provide the funding needed for the City to bid and award the project. The project scope includes the widening from four to six lanes as well as the addition of a multi-purpose walking and bicycle path on the structure. BACKGROUND Herndon Avenue is designated as a six-lane expressway in the City of Fresno 2035 General Plan. Over the past twenty years, the City has been widening Herndon Avenue from four to six lanes in City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-704 Agenda Date:5/11/2023 Agenda #: 1.-U. Over the past twenty years,the City has been widening Herndon Avenue from four to six lanes in phases as funds become available through Federal and State grants,Measure C and development impact fees.The widening of Herndon Avenue to six lanes from State Route 99 to DeWolf Avenue is a regional project in the Measure C Tier 1 Urban Program.With the anticipated completion of the Veterans Boulevard Interchange in 2023,the existing four-lane structure on Herndon Avenue will become the bottleneck in the circulation system. Funding was made available by the FCTA in the 2012-13 fiscal year for preliminary engineering work related to the widening of the Herndon Avenue/BNSF overpass and associated roadway approaches. Funding for the final design and preparation of construction documents was allocated with the execution of Amendment No.1,and with construction funding programmed for 2023/24.To date $1,487,000 in Measure C Tier 1 funding was utilized for topographic survey work,project management, and engineering consultant costs for the design and Right of Way phases. Amendment No.2 will bring the necessary regional Measure C funds into the construction phase of the project to allow City staff to bid and award in FY24. The City Attorney’s Office has reviewed and approved the amendment as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this action is not a “project.” LOCAL PREFERENCE A local preference was not considered because this item does not include a bid or award of a construction or services contract. FISCAL IMPACT The proposed project is located in Council District 2 and will have no impact to the General Fund. The project is fully funded through the subject FCTA Measure C funding agreement,with the local match funded by local Development Impact Fees. Attachment(s): Vicinity Map Amendment No. 2 to Cooperative Project Agreement City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague HERNDON AVENUE WIDENING - POLK AVENUE TO MILBURN AVENUE N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00679 Council District: 2 Herndon Avenue Widening - Polk Avenue to Milburn Avenue City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-709 Agenda Date:5/11/2023 Agenda #: 1.-V. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager THROUGH:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANN D. KLOOSE, Sustainability Division Manager Public Works Department, Sustainability Division JOHN ELLIS, Governmental Affairs Manager Office of the Mayor & City Manager SUBJECT Approve a consultant agreement with Baker Tilly US, LLP in the amount of $256,443, plus a not-to- exceed contingency amount of $10,000, to provide consulting services on development of an assessment - along with recommendations for options - to improve the services and affordability of electricity in the City of Fresno; authorize the City Manager or designee to execute all related documents. (Citywide) RECOMMENDATIONS Staff recommends the City Council approve a consultant agreement with Baker Tilly US, LLP in the amount of $256,443, plus a not-to-exceed contingency amount of $10,000, to provide consulting services to develop an assessment, and recommendations for options, to improve services and affordability of electricity in the City of Fresno and authorize the City Manager or designee to execute all related documents. EXECUTIVE SUMMARY On September 2, 2021, the Council unanimously adopted Resolution 2021-240, a Resolution of the Mayor and Council in opposition to Pacific Gas & Electric Company’s June 2021 filing to the CA Public Utilities Commission (CPUC) requesting substantial rate increases. The resolution called on the CPUC and Pacific Gas and Electric (PG&E) to freeze rates and implement electricity rate reform. Since 2021, electricity rates have increased more than 26% through 2022, and are projected by PG&E to increase up to an additional 36% this year. Taken together, this represents a 62% increase in just two years. In addition to these unsustainable rate increases, PG&E has failed to provide new utility connections and service in a timely or reasonable manner. The ongoing costs of these connection delays is extreme and difficult to quantify, but there is abundant evidence it is hurting both City of Fresno Printed on 5/12/2023Page 1 of 3 powered by Legistar™ 5/11/2023 MOTION TO TABLE TO MAY 25, 2023 NEW FILE ID 23-815 TM/GB 6-0, LC ABSENT File #:ID 23-709 Agenda Date:5/11/2023 Agenda #: 1.-V. connection delays is extreme and difficult to quantify,but there is abundant evidence it is hurting both business owners and homebuyers.For these reasons,the Mayor and City Council discussed hiring a consultant to develop an assessment and offer recommendations and potential options to improve the services and affordability of electricity in the City of Fresno.The proposed consultant services agreement with Baker Tilly US, LLP, will accomplish the stated objectives. BACKGROUND This request for Council approval is the next step in addressing serious concerns over PG&E’s electricity prices and connection delays.The recommended action follows up on initial public concerns voiced by the Mayor and Councilmembers,which were consistent with the 2021 Council resolution to the CPUC,expressing serious concerns over the excessive electricity rate increases. Furthermore,the significant delays in providing new service connections has resulted in project impacts and added costs,as demonstrated by both the Fresno/Madera Building Industry Association (BIA)and State Center Community College District (SCCCD)in separate CPUC complaints filed last year. On November 3,2022,the Mayor and Council discussed providing direction to staff to hire a consultant to explore options for alternative services.The issue was tabled with a request for the Administration to return with additional information.Since that time,staff formed a committee to include industry experts and issued a Request for Qualifications (RFQ)to acquire additional information.The RFQ Committee included Ann Kloose,Sustainability Division Manager,City of Fresno Public Works,John Ellis,Government Affairs Manager,City of Fresno,Office of the Mayor, Courtney Blore Kalashian,Executive Director,SJV Clean Energy Organization,and Kevin Flanagan, Program Manager,Joint Power Authority (JPA)at SPURR.The RFQ’s purpose was to provide an option to hire a consultant to develop an assessment and recommendations for potential alternatives to improve the services and affordability of electricity in the City of Fresno. The above stated RFQ was released on December 21,2022,and closed on February 8,2023.The RFQ notice was published in the Fresno Business Journal,released on Planet Bids and was also directly sent to additional firms that had previously expressed interest.Four firms responded, submitting Statements of Qualifications (SOQs).Of those,three of the firms met the standard qualifications and were selected for interviews.Each firm had some level of experience among the potential options identified for consideration on the City’s RFQ.These included renegotiations of the existing Electricity Franchise Agreement initiated in 1938,creation of a Community Choice Aggregation (CCA),formation of a Joint Power Authority (JPA),establishment of a Customer-Owned Utility or Municipal Utility District,and developing new legislation to provide more favorable options for Fresno. Following the review and interviews,Baker Tilly US,LLP was ranked by each committee member as the top recommended firm,and staff determined this consultant as best suited to perform this work based upon project requirements,available capacity,prior experience in all areas as well as cost.For these reasons,staff recommends awarding a contract to Baker Tilly,US,LLP for LLP in the amount of $256,443 plus a not-to-exceed contingency amount of $10,000 to develop an assessment and recommendations for potential alternatives to improve the services and affordability of electricity in the City of Fresno. City of Fresno Printed on 5/12/2023Page 2 of 3 powered by Legistar™ File #:ID 23-709 Agenda Date:5/11/2023 Agenda #: 1.-V. The City Attorney’s Office has reviewed and approved all associated items as to form. ENVIRONMENTAL FINDINGS Approval of the consultant service agreement is not a “project”within the meaning of Public Resources Code Section 21803 (CEQA Guidelines Section 15378)because the administrative activities as identified in the consultant agreement will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE Local preference is not applicable for this item and an RFQ was issued seeking unique and specialized industry expertise and was based on a qualitative analysis not based solely on price. FISCAL IMPACT Sufficient funds are currently appropriated in the FY2023 Adopted Budget under General Fund - General City Purpose department. Attachment(s): Agreement for consultant services - Baker Tilly US, LLP City of Fresno Printed on 5/12/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-714 Agenda Date:5/11/2023 Agenda #: 1.-W. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Design Section SUBJECT Reject all bids for the Fresno Street and Browning Avenue Intersection Improvements Project - Bid File 12301325 (Council District 4) RECOMMENDATION Reject all bids for the Fresno and Browning Intersection Improvement Project. EXECUTIVE SUMMARY Staff recommends that the City Council reject all bids for the Fresno Street and Browning Avenue Intersection Improvement Project. Upon rejection of all bids, staff will immediately work to rebid the project. The proposed Fresno Street and Browning Avenue Traffic Signal Improvement Project will enhance safety for the motorists, cyclists, and pedestrians who travel through this intersection every day by signalizing the existing intersection, as well as correcting accessibility deficiencies. The scope of work includes the construction of a new traffic signal system that will provide a protected crossing for pedestrians, reconstruct existing ramps to make them ADA-compliant, and install green paint within the bicycle conflict zones. Right of way was acquired by city staff for relocation of existing utilities. The project is funded by the federal Active Transportation Program (ATP) and SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. BACKGROUND This ATP grant-funded project is meant to address safety concerns for pedestrians, including students, parents, and staff from Robinson Elementary School, as well as residents of the senior- living apartments fronting Fresno Street, who cross at Browning Avenue using the existing unsignalized painted crosswalk. The design phase of the project was initiated in the Spring of 2020, City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 TM/MK 6-0 LC ABSENT File #:ID 23-714 Agenda Date:5/11/2023 Agenda #: 1.-W. unsignalized painted crosswalk.The design phase of the project was initiated in the Spring of 2020, shortly after the California Transportation Commission (CTC)approved funding for the project.The preliminary engineering design and project management took approximately three years and was completed in-house by City of Fresno staff. The scope of the project at Fresno Street and Browning Avenue includes the installation of a traffic signal to provide a protected pedestrian movement,and protected left turn phasing for motorists.This project will also upgrade pedestrian facilities to meet current accessibility requirements,place green paint along the bikeways along Fresno Street to make conflict areas more visible,install high-visibility crosswalk markings and improved street lighting to further enhance safety at this intersection for all users.Right of way was acquired for the Project in order to construct the proposed improvements while meeting accessibility requirement.Public Works staff performed all survey and engineering tasks and prepared the construction documents for the project. A Notice Inviting Bids was published in the Fresno Business Journal on February 10,2023,posted on the City’s website,and distributed to 11 building exchanges.The specifications were distributed to 26 prospective bidders.Two (2)bid proposals were received and opened in a public bid opening on March 28,2023 with bids amounts of $885,640 and $1,086,000.American Paving Co.submitted the apparent low bid in the amount $885,640 but was determined to be non-responsive as their bid did not meet the DBE participation goal of 19%and their good-faith effort was found insufficient.The second bidder failed to submit the required DBE paperwork and was also determined to be non- responsive.Local Preference was not applied due to the stipulations of the project’s funding.The bids will expire on May 31,2023;if the bids are rejected or expire,the project must be rebid,which will result in a delay of approximately 90 days. Staff recommends Council reject all bids as they failed to meet the minimum DBE goals. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines,Section 15378, the rejection of all bids does not qualify as a “project” as defined by the CEQA requirements. LOCAL PREFERENCE Local Preference is not applicable as both bids were determined to be non-responsive. FISCAL IMPACT The proposed project falls within Council District 4.Rejection of all bids will result in additional staff costs to rebid the project;however,the adopted project budget has sufficient funding to cover these costs. There will be no impact to the General Fund. Attachment(s): Vicinity Map Bid Evaluation City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Fresno and BrowningTraffic Signal N 0 1.5 30.75 Miles Project ID: PW00908Council District: 4 Fresno and Browning Traffic SignalVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 4 City Limits City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-705 Agenda Date:5/11/2023 Agenda #: 1.-X. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Award a consultant services agreement to Blair, Church & Flynn Consulting Engineers, Inc., in the amount not to exceed $207,683, inclusive of a $18,789 contingency, for the design, bidding support, and construction support services for the Water Main Replacements in the area bound by Clinton, Teilman, University, and West Avenues (Bid File 12302048) (Council District 1). RECOMMENDATION Staff recommends that City Council award a consultant services agreement (Agreement) to Blair, Church & Flynn Consulting Engineers, Inc., (BCF),in the amount not to exceed $207,683, inclusive of a $18,789 contingency, for the Water Main Replacements in the area bound by Clinton, Teilman, University, and West Avenues (Project); and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The water mains and associated appurtenances in the Project area have reached the end of their service life. The Project will replace approximately 11,700-linear feet of 8-inch diameter and 6,200- linear feet of 12-inch diameter water mains. Following a competitive consultant selection process, the Water Division is seeking to award an Agreement to BCF in the amount not to exceed $207,683, inclusive of a $18,789 contingency. BACKGROUND The Department of Public Utilities (DPU) has identified approximately 11,700-linear feet of 8-inch water mains and 6,200-linear feet of 12-inch water mains needing replacement within a neighborhood bound by Clinton, Teilman, University, and West Avenues. The water mains do not meet current standards and have outlived their life expectancy. The Project consists of replacing existing water mains with 8-inch polyvinyl chloride and 16-inch ductile iron water mains as well as the City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-705 Agenda Date:5/11/2023 Agenda #: 1.-X. existing water mains with 8-inch polyvinyl chloride and 16-inch ductile iron water mains as well as the transfer of approximately 218 water services,to provide improved levels of service and fire protection. In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19(AO 6- 19),the DPU conducted a competitive process to select a consultant to provide design services for the Project.A Request for Qualifications (RFQ)was published in the Business Journal and posted on Planet Bids on February 17,2023.Three Statements of Qualifications (SOQs)were received from prospective consultants by the deadline of March 17,2023.Pursuant to AO 6-19,the RFQ required consultants to provide detailed information regarding the experience of the firm and proposed team, along with additional project related scope items necessary to perform the requested services.Upon review of the received SOQs,based upon established criteria and analysis of the proposed fee,BCF was ultimately selected as the firm providing the best value for the requested services.The services rendered under this Agreement will be completed for an amount not to exceed $207,683 inclusive of a $18,789 contingency, paid on a time and materials basis. A standardized agreement has been used in accordance with Administrative Order 4-4 and the consultant’s Certificate of Insurance has been approved by the City’s Risk Management Division. Upon approval by the City Council,the Agreement will be executed by the Director of Public Utilities, or his designee. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this agreement is not a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was implemented as BCF is a local business pursuant to Fresno Municipal Code Section 4-109(b). FISCAL IMPACT There is no impact to the General Fund.The Project is identified in the Water Division’s five-year Capital Improvement Plan and is budgeted in the Fiscal Year 2023 Water Enterprise Fund (40101). The Project is located in Council District 1. Attachments: Attachment 1 - Consultant Services Agreement Attachment 2 - Vicinity Map City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES This Agreement (Agreement) is made and entered into effective ________________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Blair, Church & Flynn Consulting Engineers Inc., a California corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional engineering services for the Water Main Replacements in the area bound by Clinton, Teilman, University and West Avenues (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Civil Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 619; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 458 (Four Hundred Fifty-Eight) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $187,894.00 (One Hundred Eighty-Seven Thousand, Eight Hundred Ninty-Four Dollars), paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount not to exceed $18,789.00 (Eighteen Thousand, Seven Hundred Eighty-Nine Dollars) for any additional work rendered DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -2- pursuant to Subsection (c) below and authorized in writing by the Director. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -3- fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -4- perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law including California Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -5- insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -6- Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling the City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -7- Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -8- employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -9- delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -10- 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [Signatures follow on the next page.] DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 -11- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Brock D. Buche, PE, PLS, Director Department of Public Utilities ATTEST: TODD STERMER, CMC, MMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPU-S Eng. CSA, Short Form T&M - Contingency (01-2023) has been used without modification, as certified by the undersigned. By: Robert A. Diaz Supervising Engineering Technician Department of Public Utilities REVIEWED BY: Jesus A. Gonzalez, PE Assistant Director Department of Public Utilities Addresses: CITY: City of Fresno Attention: Robert A. Diaz Supervising Engineering Technician 1626 E Street Fresno, CA 93706 Phone: (559) 621-1623 E-mail: Robert.Diaz@fresno.gov DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Blair, Church & Flynn, Consultant Engineers, Inc, a California Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Blair, Church & Flynn Consulting Engineers, Inc. Attention: Luis Gonzalez, PE Project Manager 451 Clovis Avenue Clovis, CA 93612 Phone: (559) 326-1400 Facsimile” (559) 326-1500 E-mail LGonzalez@bcf-engr.com DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 4/4/2023 4/10/2023 David Mowry 54414 David Mowry July 1995 President 4/11/2023 Adam K Holt Secretary and CFO 4/13/2023 Clerk Attesting DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) -12- Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 1 of 5 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Blair, Church & Flynn Consulting Engineers (Consultant) Water Main Replacements in the area bound by Clinton, Teilman, University and West Avenues PART 1 SCHEMATIC DESIGN PHASE A.PROJECT MANAGEMENT AND ADMINISTRATION 1. Prepare and Maintain Design and Construction Schedule 2. Prepare Project Management Plan 3. Prepare Monthly Schedule and Billing Updates 4. Prepare Meeting Agendas and Minutes 5. Schedule and Conduct Project Kick-off Meeting 6. Coordinate with Affected Agencies, Districts and Stakeholders B. UTILITY COORDINATION 1. Conduct Office and Field Investigations 2. Submit Schematic Design Plans to Affected Companies and Agencies 3. Submit 60% Plans to Affected Companies, Agencies & Districts 4. Submit 90% Plans to Affected Companies, Agencies & Districts as Necessary 5. Submit 100% Plans to Affected Companies, Agencies, & Districts as Necessary C. SURVEYS 1. Complete Control Survey 2. Complete Topographic Survey a. Survey Existing Property Lines and Easements b. Survey Existing Utility Features Accessible from Ground Surface (Water, Sewer, Storm Drain, Telephone, Fiber, Gas, Irrigation, etc.) c. Survey Existing Man-Made Features (Curbs, Gutters, Edge Of Pavement, Street Centerlines, Fences, Structures, Landscaping, etc.) d. Survey Existing Topographic Features (Berms, Swales, Drainage Ditches, Grade Breaks, etc.) D. ALIGNMENT STUDY 1. Conduct Site Investigations 2. Obtain and Incorporate Record Information 3. Incorporate Survey Data 4. Conduct Right-of-Way & Property Line Research 5. Prepare Base Mapping 6. Develop Water Main Alignment Alternatives E. SCHEMATIC DESIGN PLANS 1. Incorporate Alignment Study DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 2 of 5 2. Verify and Incorporate Applicable Regulatory Agency Requirements 3.Prepare Schematic (30%) Plans 4. Prepare Outline Specifications 5. Prepare Itemized Estimates of Quantities and Cost 6. Submit Schematic Design Plans, Outline Specifications, and Cost Estimate to City for Review a. Submit One (1) Hardcopy and One (1) PDF of the Schematic Design Plans, One (1) Hardcopy, One (1) PDF, and One (1) Microsoft Word File of the Outline Specifications, and One (1) Hardcopy, One (1) PDF, and One (1) Microsoft Excel File of the 30% Construction Cost Estimate b. Schedule and Conduct Workshop Review Meeting c. Re-Submit as Necessary to Obtain City Acceptance Within Seven (7) Calendar Days of Receipt of City’s Comments PART 2 DESIGN DEVELOPMENT PHASE A. 60% PLANS, SPECIFICATIONS AND ESTIMATE 1. Prepare 60% Cover and Index Sheets 2. Prepare 60% Plan and Profile Drawings 3. Prepare 60% Construction Detail Drawings 4. Prepare 60% Technical Specifications 5. Initiate Preparation of City Boilerplate Front-End Bid Documents 6. Incorporate Schematic Design Review Comments 7. Prepare Itemized Estimate of Quantities and Cost 8. Submit 60% Plans, Specifications and Estimate (PS&E) a. Submit Four (4) Hardcopies and One (1) PDF of the 60% Plans, Two (2) Hardcopies, One (1) PDF, and One (1) Microsoft Word File of the 60% Specifications, and Two (2) Hardcopies, One (1) PDF, and One (1) Microsoft Excel File of the 60% Construction Cost Estimate. b. Schedule and Conduct Workshop Review Meeting c. Re-Submit as Necessary to Obtain City’s Acceptance Within Seven (7) Calendar Days of Receipt of City’s Comments PART 3 CONSTRUCTION DOCUMENT PHASE A. 90% PLANS, SPECIFICATIONS AND ESTIMATE 1. Prepare 90% Cover and Index Sheets 2. Prepare 90% Plan and Profile Drawings 3. Prepare 90% Construction Detail Drawings 4. Prepare 90% Technical Specifications 5. Address 60% PS&E Review Comments 6. Prepare Itemized Estimate of Quantities and Cost 7. Submit 90% PS&E a. Submit Five (5) Hardcopies and One (1) PDF of the 90% Plans, Five (5) Hardcopies, One (1) PDF, and One (1) Microsoft Word File of the 90% Specifications, and Five DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 3 of 5 (5) Hardcopies, One (1) PDF, and One (1) Microsoft Excel File of the 90% Construction Cost Estimate. b. Schedule and Conduct Workshop Review Meeting c. Re-Submit as Necessary to Obtain City’s Acceptance Within Seven (7) Calendar Days of Receipt of City’s Comments B. 100% PLANS, SPECIFICATIONS AND ESTIMATE 1. Prepare 100% Cover and Index Sheets 2. Prepare 100% Plan and Profile Drawings 3. Prepare 100% Construction Detail Drawings 4. Prepare 100% Technical Specifications 5. Finalize Preparation of City’s Boilerplate Front-End Bidding Documents 6. Address 90% PS&E Review Comments 7. Prepare Itemized Estimate of Quantities and Cost 8. Submit 100% PS&E a. Submit Five (5) Hardcopies and One (1) PDF of the 100% Plans, Five (5) Hardcopies, One (1) PDF, and One (1) Microsoft Word File of the 100% Specifications, and Five (5) Hardcopies, One (1) PDF, and One (1) Microsoft Excel File of the 100% Construction Cost Estimate. b. Schedule and Conduct Workshop Review Meeting c. Re-Submit as Necessary to Obtain City’s Acceptance Within Seven (7) Calendar Days of Receipt of City’s Comments 9. Submit One (1) Vellum Set of Approved Final Plans for Signature, One (1) AutoCAD and PDF File of Final Plans, Specifications and Estimate. PART 4 BIDDING PHASE A. BID SERVICES 1. Attend Pre-Bid Conference and/or Job Walk 2. Prepare Response to RFIs and Addenda (Assumed 3 Addenda) 3. Assist City with Evaluation of Bid PART 5 CONSTRUCTION PHASE AND GENERAL CONSTRUCTION CONTRACT ADMINISTRATION A. CONSTRUCTION SERVICES 1. Attend Pre-Construction Conference 2. Attend Field Meetings, as Necessary to Resolve Construction Matters 3. Review Shop Drawings and other Contractor Submittals 4. Provide General Consultation and Advice a. Respond to Requests for Information (RFIs) 5. Assist City with Preparation of Requests for Proposal to the Contractor Resulting From Unforeseen of Field Change Conditions 6. Review Progress Payments as Requested 7. Conduct Startup/Commissioning Services 8. Prepare and Submit Record Drawings DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 4 of 5 SPECIFIC EXCLUSIONS A. Those items listed under City’s Responsibilities in agreement B. Determination of underground utility locations by Ground Penetrating Radar (GPR) C. Determination of underground utility locations by “pothole” excavation methods D. Geotechnical investigations E. R-value testing of soils for pavement replacement design F. Construction inspection or testing services G. Preparation of traffic control plans H. Preparation of a Stormwater Pollution Prevention Plan (SWPPP), which will be required of the Contractor by the project specifications I. Acquisition of building permits J. Attendance at public meetings, public outreach, or any other coordination beyond those described above K. Design services related to the relocation of franchise utilities L. Construction staking M. Payment of fees N. Acquisition of title information DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 5 of 5 SCHEDULE OF FEES GENERAL CONSULTING FEE SCHEDULE PREVAILING WAGE PROJECTS CLASSIFICATION RATE Principal ................................................................................................ $170.00/Hour Program Manager ................................................................................. $165.00/Hour Professional Engineer 3 ........................................................................ $160.00/Hour Professional Engineer 2 ........................................................................ $155.00/Hour Professional Engineer 1 ........................................................................ $145.00/Hour Assistant Engineer 3 ............................................................................. $125.00/Hour Assistant Engineer 2 ............................................................................. $110.00/Hour Assistant Engineer 1 ............................................................................. $105.00/Hour Professional Land Surveyor 2 ............................................................... $155.00/Hour Professional Land Surveyor 1 ............................................................... $140.00/Hour Assistant Surveyor ................................................................................ $110.00/Hour Land Services Technician ....................................................................... $95.00/Hour Professional Landscape Architect. ......................................................... $127.00/Hour Landscape Designer ............................................................................. $105.00/Hour Design Technician ................................................................................ $110.00/Hour CAD Technician 3 ................................................................................... $98.00/Hour CAD Technician 2 ................................................................................... $88.00/Hour CAD Technician 1 ................................................................................... $78.00/Hour Environmental Consultant ..................................................................... $120.00/Hour Construction Manager ........................................................................... $120.00/Hour Construction Inspector** ........................................................................ $100.00/Hour Construction Administrator ...................................................................... $85.00/Hour Analyst. ................................................................................................... $90.00/Hour Coordinator ............................................................................................. $80.00/Hour Administrative Assistant .......................................................................... $65.00/Hour Aide ........................................................................................................ $58.00/Hour Survey Party Mobilization ........................................................................ $80.00/Hour 1-Man Survey Party** ............................................................................ $190.00/Hour 2-Man Survey Party** ............................................................................ $360.00/Hour LiDAR Scanner ..................................................................................... $200.00/Hour Equipment Rental and Associated Expense .............................................. Cost x 1.10 Materials, Printing, Subconsultant Procurement ........................................ Cost x 1.10 Mileage ....................................................................................... @ Current IRS Rate **Maybe subject to change based upon revisions to the State of California Prevailing Wage Determinations DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Blair, Church & Flynn, Consultant Engineers (Consultant) Water Main Replacements in the area bound by Clinton, Teilman, University and West Avenues MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1.The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 2 of 4 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5.PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 3 of 4 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 2.The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days’ written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 4 of 4 furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City’s Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement is required, the Consultant will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or its designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish the City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Water Main Replacements in the area bound by Clinton, Teilman, University and West Avenues 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) DocuSign Envelope ID: 126B77D0-6CF3-4B27-BDA8-DC4FC59F6BF5 none X David Mowry X X X X 4/10/2023 Blair, Church and Flynn, a California Corporation X Blair, Church and Flynn 451 Clovis Avenue Suite 200 Clovis CA 93612 City of Fresno Department of Public Utilities ¯ Clinton, University, West, & Teilman Avenues Water Main Replacement -Council District 1- Vicinity Map 0 250 500125 Feet Church Ave University Ave West AveTeilman AveFruit AveMcKinley Ave City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-708 Agenda Date:5/11/2023 Agenda #:1.-Y. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:MARTIN WENDELS, Project Manager Department of Public Utilities - Water Division SUBJECT Award a Product Requirements Contract in the annual amount of $1,184,975.19, for three-years with provisions for two one-year extensions, for bulk sodium hydroxide to Univar USA, Inc, (Bid File 12301172) (Citywide) RECOMMENDATION Staff recommends that City Council award a Product Requirements Contract in the annual amount of $1,184,975.19, for three-years with provisions for two one-year extensions, to Univar USA, Inc. (Univar) for bulk sodium hydroxide; and authorize the Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities, Water Division (Water) routinely uses sodium hydroxide as an additive in finished drinking water at the Northeast Surface Water Treatment Facility (NESWTF), Southeast Surface Water Treatment Facility (SESWTF), and Tank 3 Surface Water Treatment and Water Storage Facility (T-3). The Council’s approval of the three-year contract with Univar will ensure the uninterrupted delivery of the chemical to the surface water treatment facilities and allow the continued production of safe drinking water. BACKGROUND Bulk sodium hydroxide is used in the post-treatment process at the NESWTF, SESWTF, and T-3 treatment facilities for corrosion control in the potable water distribution system. It is considered to be an effective enhancement chemical for the City of Fresno’s water supply by conditioning raw water and enhancing the chemical reaction with the primary coagulant, to facilitate effective cleansing of the water. It also adjusts the pH of the treated water entering the water distribution system and ultimately the end user’s facilities (homes, businesses, etc.), thereby controlling the corrosive quality of the treated water within water mains, pipes, and other appurtenances. A Notice Inviting Bids was published on January 6, 2023. The bid opening was February 7, 2023, and there were two bidding vendors. Both bidders were determined to be responsive and responsible with City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-708 Agenda Date:5/11/2023 Agenda #:1.-Y. there were two bidding vendors.Both bidders were determined to be responsive and responsible with Univar being the lowest bidder.Staff recommends that Council award a three-year contract with the option for two one-year extensions,to Univar in the annual amount of $1,184,975.19 and a total contract value of $5,924,875.95. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS By definition provided in the California Environmental Quality Act Guidelines Section 15378,the award of this requirements contract does not qualify as a “project”. LOCAL PREFERENCE None of the bidders qualify as a local business according to the Fresno Municipal Code Section 4- 108; therefore, Local Preference did not affect the award of this contract. FISCAL IMPACT There is no impact to the General Fund.Appropriations for the purchase of Bulk Sodium Hydroxide are included within the FY2023 and FY2024 Water Enterprise Fund budget. Attachments: Attachment 1 - Bid Evaluation Attachment 2 - Sample Contract City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ X GSD-B Informal Bid RC – Product (03-2023) - 1 - PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and [Contractors Name], [Legal Identity] (Contractor), as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: [Title] (Bid File No. [Number]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar Amount]), as set forth in the Bid Proposal, the Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of the City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents. 3. PAYMENT. The City accepts the 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. The Contractor agrees to accept electronic payment from the City. 4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), the Contractor shall indemnify, hold harmless and defend the 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 the City, the Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. The Contractor's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or by the willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor shall require each subcontractor to indemnify, hold harmless and defend the 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. GSD-B Informal Bid RC – Product (03-2023) - 2 - [Signatures follow on the next page.] GSD-B Informal Bid RC – Product (03-2023) - 3 - IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by the City shall be subsequent to that of the Contractor’s, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, a California municipal corporation By: Melissa Perales, Purchasing Manager Finance Department Dated: APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Date Supv/Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] [Contractor Name], [Legal Identity] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-653 Agenda Date:5/11/2023 Agenda #: 1.-Z. REPORT TO THE CITY COUNCIL FROM:GREGORY A. BARFIELD, Assistant City Manager & Interim Director, Department of Transportation BY:RODOLFO CASTRO, Fleet Manager Department of Transportation, Maintenance Division BLAKE RINCON, Fleet Operations Specialist Department of Transportation, Maintenance Division SUBJECT Approve the award of a purchase contract to New Flyer of America Inc. for Two (2) 40’ Hydrogen Fuel Cell Electric Buses in the amount of $2,882,919.01 RECOMMENDATION Staff recommends approval of a purchase contract to New Flyer of America Inc. for two (2) 40’ hydrogen fuel cell electric buses in the amount of $2,882,919.01. EXECUTIVE SUMMARY The Department of Transportation/Fresno Area Express (FAX) seeks to purchase two (2) 40’ hydrogen fuel cell electric buses (FCEBs) from New Flyer of America Inc (New Flyer). This purchase is part of the FAX effort to: replace vehicles that have exceeded their useful life, improve quality and reliability of service, and comply with the California Air Resource Board (CARB) Innovative Clean Transit (ICT) regulation. The new units will be purchased using a cooperative purchase agreement authorized through a competitively solicited cooperative procurement process administered by the State of California, Department of General Services. This statewide contract is a State Cooperative Purchasing Contract (SCPC) under Section 3019 of the Fixing American’s Surface Transportation (FAST) Act and is compliant with Federal Transit Administration (FTA) Guidelines. The SCPC with New Flyer provides Zero-Emission Transit Buses, Options, Spare Parts, and support to multiple participants, including transit organizations from other states. The contract incorporates FTA required clauses and certifications. BACKGROUND City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 APPROVED ON CONSENT File #:ID 23-653 Agenda Date:5/11/2023 Agenda #: 1.-Z. CARB issued the ICT regulation, effective October 1, 2019, requiring all transit agencies to gradually transition all bus and paratransit vehicles to a 100 percent zero-emission fleet by 2040. To meet this goal, FAX developed it’s own ICT Transition Plan, which was approved by Council on June 18, 2020. Per the schedule detailed in the ICT Transition Plan, FAX must procure a mix of compressed natural gas (CNG) buses, battery electric buses (BEBs), and hydrogen fuel cell electric buses (FCEBs) to meet our service requirements. The FCEBs purchased from this agreement will be the first in the FAX fleet of an expected 60 plus and over 50 Battery Electric Buses To begin this procurement, FAX sought competitively bid cooperative agreements for FCEBs at a discounted rate in September of 2022. FAX staff has evaluated New Flyer’s proposal and determined the contents of the cooperative purchase meet both City and Federal procurement requirements. Staff also conducted a price analysis, and determined the FCEB cost is found to be fair and reasonable. The cooperative purchase agreement also conforms to the requirements of FTA C 4220. 1F, Chapter IV, 2(14)(i), which dictates that rolling stock agreements must not exceed the five-year limit. The new units will be purchased using a cooperative purchase agreement authorized through a competitively solicited cooperative procurement process administered by the State of California, Department of General Services. The Purchasing Division has approved the cooperative purchase agreement and recommends Council to approve. It is the recommendation of staff that City Council approve the use of State of California’s Cooperative Purchase Agreement 1-19-23-17B to procure two (2) New Flyer 40’ FCEBs. The City Attorney has reviewed and approved as to form. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this vehicle purchase does not constitute a project for the purposes of CEQA. LOCAL PREFERENCE Local preference is not applicable as federal funds preclude the use of local preference. FISCAL IMPACT There is no fiscal impact to the General Fund from this action. Purchases from this contract shall be funded primarily through FTA Program 5339(c) funds. FAX enterprise funds will make up the required local match. Appropriations were included and are available in the FAX FY2023 budget. Attachments: State Cooperative Purchasing Contract New Flyer Quote City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ Fresno Area Express Option Proposal for Two (2) Fuel Cell-Electric 40’ Buses Blake Rincon Fleet Operations Specialist Department of Transportation Phone: 559.621.1467 Email: blake.rincon@fresno.gov 2223 G Street Fresno, CA 93706 March 8, 2023 Subject: Quotation for Heavy-Duty Low Floor Fuel-Cell Electric Transit Buses Dear Blake Rincon, New Flyer of America Inc. is pleased to submit an option price quotation for the production of two (2) 40’ fuel-cell electric buses based on New Flyer’s contract with the State of California, DGS. The proposed buses will be technically configured as per the bid specifications from the City of Fresno, Department of Transportation, Bid File No. 9518 (40” Low Floor, Long Range, Battery Electric Bus), with the necessary changes for the fuel-cell electric bus configuration. The price for one (1) 40’ fuel-cell electric transit bus – is $1,334,488.64 USD This proposal is based on providing full fixed ThermoGuard instead of top tip-in ThermoGuard style windows, since our window supplier cannot provide ThermoGuard flush laminated tip-in glass. Refer to Tabs 1-2 for additional details regarding the pricing. Please be advised that we are applying a sales tax percentage of 8.35% to the bus price (with non-taxable items including ADA Equipment and the Delivery Fee excluded). However, the City of Fresno is eligible for a reduced sales tax percentage of 4.4125% since the buses are zero-emission. We want to take this opportunity to highlight key elements of our proposal. Warranty: New Flyer exceeds industry standard warranties in many areas such as 5 years / 300,000 miles warranty for axles (Standard warranty is 2 years) and our multiplex warranty is 3 years/150,000 miles (Standard competitor warranty is 1 year/50,000 miles). Please refer to Tab 3 of our proposal for additional details regarding our Warranty package. Training: New Flyer Training is an organization within the New Flyer Customer Services group – a division of New Flyer Industries. As a part of the leading manufacturer of heavy-duty transit buses in the United States and Canada, we have access to top design, engineering, propulsion technology and electrical systems professionals. This enables us to offer the service and expertise to maximize the lifetime value of your fleet. Training is not included in the base bus price. Please refer to Tab 4 of our proposal for additional details regarding our Training package. Tooling and Diagnostics: Tooling and Diagnostics items are not included in the base bus price. Please refer to Tab 5 of our proposal for additional details regarding our Tooling and Diagnostics package. Publications: Our New Flyer Publications professionals combine extensive, hands-on technical experience with exceptional writing, illustrating, and publishing skills to create the industry’s benchmark in maintenance manuals. Supplying accurate information in a timely manner assists the customer in the performance of proper bus maintenance, which in turn, adds to the overall reliability and lifetime value of each New Flyer bus on the road. Please refer to Tab 6 of our proposal for additional details regarding our publications package. Delivery Proposal: New Flyer is proposing a complete delivery of the buses by December 2023, should a Notice to Proceed be received within the next 60 days. Payment Terms: Following the terms and conditions of New Flyer’s contract with the State of California, DGS, our proposed payment terms are as follows: • Payment terms are Net 45 days from acceptance This proposal is valid for the next 60 days. This is a very important project to us as it allows us the opportunity to continue to build on the strong relationship we have enjoyed with Fresno Area Express. It also affords us the opportunity to deliver to you, once again, some of the most advanced vehicles available in North America. We thank you for your continued interest in New Flyer products and look forward to working with you in the near future. Please indicate your acceptance by confirming via email to New Flyer, attention Adrian Graca, email: Adrian_Graca@newflyer.com. Sincerely, Luciana Marques Technical Sales Manager, New Flyer Inc. P: 431.278.8653 E: luciana_marques@newflyer.com CC: Adrian Graca – Business Segment Director Mark Fisher – Director, National Sales Katherine Trotter – Technical Sales Analyst Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses New Flyer 40’ Fuel Cell-Electric Transit Buses: Option Proposal Tab Title 1 Price Change Summary 2 Price Change Detail 3 Warranty 4 Training 5 Tooling and Diagnostics 6 Publications Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses Tab 1, Price Change Summary Solicitation Requirements: Price Change Summary. New Flyer Response: Please refer to the attached Price Change Summary for Fresno Area Express’ review. Price Change Summary Property: Fresno Area Express Option Origin: DGS Sales Release No.:TBD Quantity:2 Type:XHE40 Price Change No.:1 Revision:A Date:Feb. 22, 2023 Each Total Original Contract Price Base Coach 1,199,704.81$ 2,399,409.62$ Base Bus Price Change Total 134,783.83$ 269,567.65$ Contract Spares Base Bus Price Change Total -$ -$ Revised Price Base Bus (including ADA & delivery) 1,334,488.64$ 2,668,977.27$ ADA Equipment (Non-Taxable) 43,151.37$ 86,302.74$ Delivery Fee (Non-Taxable) 10,249.00$ 20,498.00$ Non-Taxable Items Total 53,400.37$ 106,800.74$ Base Price (Non-taxable items removed)1,281,088.27$ 2,562,176.53$ Sales Tax @ 8.35% on bus price without non-taxable items 106,970.87$ 213,941.74$ Total Base bus (without ADA/Delivery) plus tax 1,388,059.14$ 2,776,118.27$ Total Bus with Tax, ADA and Delivery 1,441,459.51$ 2,882,919.01$ 3/8/2023 Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses Tab 2, Price Change Detail Solicitation Requirements: Price Change Detail. New Flyer Response: Please refer to the attached Price Change Detail for Fresno Area Express’ review. Price Change Detail Property:Fresno Area Express Option Origin:DGS Sales Release No.:TBD Quantity:2 Bus Type:XHE40 Price per coach Price Change Type Reference No. Option No. Option Group SRCR No. Description Total Base Bus Price Change 1 205 Tires Change from NFI supplied tires in DGS to Customer Supplied Tires/Alcoa Aluminum Wheels as per Fresno specifications (3,321.00) 2 304 Paint & Decal Change from DGS to Fresno specific paint scheme 3,390.76 3 420 Body A/P Before Paint Add lower impact panels as per Fresno specifications 1,607.89 4 460 Windows Change from Arrow Global windows non-flush, fixed and laminated with 44% light transmission in DGS to Arow Global windows flush and fixed of the ThermoGuard, laminated type, with 70% light transmission as per Fresno speficications 31,188.12 5 470 Destination Signs Change from Luminator Amber Signs in DGS to Hanover full color front sign and amber signs for side and rear (also Hanover)2,769.28 6 470 Destination Signs Add Trapeze Transit Master AVA system 25,439.53 7 480 Mirrors Change from DGS to Fresno specific, dual remote mirrors 525.75 8 491 Door Exit Change exit door from medium width electric in DGS to wide style pneumatic as per Fresno specifications 223.73 9 526 Seating & Stanchions Change passenger seats from American Seating Insight-Prime in DGS to USSC Aries 38 with Quantum and Q pod as per Fresno specifications 29,267.98 10 526 Seating & Stanchions Change driver's seat from Recaro Ergo AM80 in DGS to 9110 ALX as per Fresno specifications 769.87 11 600 Customer Options Add Dialex APC System as per Fresno specifications 6,753.76 12 600 Customer Options Add Traffic Signal Control with infrared capability as per Fresno specifications 5,397.80 13 600 Customer Options Add provision for power converter as per Fresno specifications 1,524.44 14 600 Customer Options Add provisions for APEX 3 bike rack as per Fresno specifications 230.83 15 600 Customer Options Add Trapeze Onsite Integration 3,037.50 16 600 Customer Options Add Trapeze Installation Audit, Approved Labor 5,400.00 17 600 Customer Options Add Brake Wear Indicator as per Fresno specifications 1,799.54 18 600 Customer Options Add Traffic Signal Control, GPS enabled as per Fresno specifications 11,188.11 20 600 Customer Options Add Camera Option #1: 4112HVR with 9 total cameras, a 2TB SSD hard drive, 128GB SD card, POE switch, panic button and UPS 7,589.94 Base Bus Price Change Total 134,783.83 Grand Total 134,783.83 Please note that we are including option #1 for the camera system as part of the base bus price as shown above; total $7,589.94. As an alternative to option #1, we are pleased to provide option #2 for the camera system. This option will include total 9 cameras, a 2TB SSD hard drive, 128GB SD card, panic button and UPS. All cameras proposed in option #2 are IP cameras. This quote is provided since the bid specifications from the City of Fresno, Department of Transportation, Bid File No. 9518 (40” Low Floor, Long Range, Battery Electric Bus) states that “the video cameras must operate on Power-over-Ethernet (PoE)”. Due to the 4112HVR only being capable of 4 total IP cameras, the 4816NVR is proposed since it can run a a total of 16 IP cameras (to accommodate the 9 cameras listed). Pricing for this option is $11,905.83 which will change the bus price if selected. Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses Tab 3, Warranty Solicitation Requirements: Warranty. New Flyer Response: Please refer to the attached Warranty for Fresno Area Express’ review. Warranty is included in the bus price. MAJOR COMPONENT DESCRIPTIONCOMMENTSPROVIDER YEARS MILESBase Bus Warranty New Flyer of America 2 100,000 Excluding scheduled maintenance items, acts of nature, or normal consumablesBasic Bus Structure New Flyer of America 3 150,000 Body, and body structure shall consist of the components that are mechanically fastened or adhesively bonded or glued as part of the structure.Chassis Structure (Integrity) New Flyer of America 12 500,000Consists of all components that are welded together to form the main frame (skeleton) and body construction. The structural integrity guarantee covers against a significant loss of structural integrity of the assembly or its functional performanc Chassis Structure (Corrosion) New Flyer of America 12 500,000Consists of all components that are welded together to form the main frame (skeleton) and body construction, and are warranted against corrosion failure and/or fatigue failure sufficient to cause a Class 1 failure. The corrosion and structural inof structural integrity of the assembly or its functional performance, resulting from a pertinent loss of cross‐section due to corrosion caused by normal environmental elements but excludes corrosion caused by aggressive road deicers such as MFlyer approved preventative measures are taken. The warranty shall be void if the Agency fails to conduct corrosion inspections and scheduled preventive maintenance procedures as specified in the Contractor’s maintenance manuals. The Agethe Contractor, verifying service activities in conformance with the Contractor’s maintenance manuals.Propulsion System (Traction System, Controllers/Inverters and Gear Box)Siemens/New Flyer of America 3 100,000 First 2 years covered by Siemens. New Flyer covers Year 3. All warranty claims to be submitted to New Flyer.Hydrogen Fuel Cell Ballard 6 250,000 Some limitations and exclusions may apply ‐ Please see manufacturer's warranty document.Hydrogen Fuel Cell Batteries New Flyer of America 6 Unlimited“Capacity fade is the relative reduction of the total amount of energy the battery system can store in a single charge for the purpose of powering the bus as compared to capacity at beginning of life (BOL). Capacity fade is warranted to 80% of B1) capacity measurements are taken from a balanced ESS, and 2) ESS is maintained in the manner described in the New Flyer Service Manual.”“The string Battery Management System (BMS) controllers and Power Distribution Unit (PDU) are warranted for proper operation up to year 6 when the ESS is maintained in the manner described in the New Flyer Service Manual.”Axle (Front and Rear) MAN 5 300,000Excluding maintenance items & items that are not covered by the OEM's warranty. All friction materials are excluded from this limited warranty. Wear and third party items supplied with the axle (e.g. slack adjuster, seals and bearings, shocks, included in the 5 year warranty. Please see manufacturer's warranty document.A/C Thermo King 2 Unlimited Some limitations and exclusions may apply ‐ Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.Brake System New Flyer of America 2 100,000 Friction Material ExcludedDestination Signs Hanover 10 Unlimited Some limitations and exclusions may apply ‐ Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.Door Systems Vapor 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warrantyAir Compressor New Flyer of America 2 UnlimitedWheelchair Ramp New Flyer of America 2 UnlimitedElectrical System Parker 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warrantyLED Headlights J.W.Speaker 6 Unlimited Some limitations and exclusions may apply ‐ Please see manufacturer's warranty documentTires New Flyer of America 2 24,000New Flyer Industries Limited warrants the tires installed as original equipment on this vehicle only against defects in materials and workmanship which cause the vehicle to fail to comply with applicable U.S. and Canadian greenhouse gas emissivehicle emissions limited express warranty relating to original equipment tires is valid for two (2) years or 24,000 miles whichever occurs first.New Flyer Connect System New Flyer of America 3 Unlimited Warranty covers the system and subscription for 3 years.Air Dryer Haldex 2 100,000Power Steering New Flyer of America 2 100,000BASE AND EXTENDED WARRANTYFresno Option #2023-008 Warranty Contract Deliverables XHE40 (TC) - external XHE40Page 1 of 2Issued 2/27/2023 3:53 PM MAJOR COMPONENT DESCRIPTIONCOMMENTSPROVIDER YEARS MILESBASE AND EXTENDED WARRANTYTowing New Flyer of America 2 100,000Handling Charge 15% New Flyer of America 5 300,000Passenger Seating American Seating 5 Unlimited Some limitations and exclusions may apply ‐ Please see manufacturer's warranty document. Road Calls New Flyer of America 5 300,000DC to DC Converter Vanner 3 150,000 Some limitations and exclusions may apply ‐ Please see manufacturer's warranty document. Paint Axalta 5 Unlimited Some limitations and exclusions may apply ‐ Please see manufacturer's warranty document. Fresno Option #2023-008 Warranty Contract Deliverables XHE40 (TC) - external XHE40Page 2 of 2Issued 2/27/2023 3:53 PM Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses Tab 4, Training Solicitation Requirements: Training. New Flyer Response: Please refer to the attached recommended Training for Fresno Area Express’ review. As per the base contract, Training is not included in the bus price. CONTRACT DELIVERABLES LISTCUSTOMER TRAININGCUSTOMER NAMEFresnoBID/OPTION/SR NUMBER2023‐008TECHNICAL SUMMARY2022‐092 Rev DraftBUS MODELXHE40QUANTITY2PROPULSION SYSTEM/FUEL CELLSiemens ELFA 3/Ballard FCMoveENERGY STORAGE SYSTEMXALT High Energy Gen 2COOLING SYSTEMEMP/ModineAXLESMAN VOK07 Front, HY1350 RearLEVELING/KNEELINGSmartRider LiteSTEERINGBerendsen ElectricABSWabcoAIR CONDITIONINGThermo King, Intelligaire III, TE15, R407cCABIN HEATERValeo Thermo ElectricPLCVanscoDESTINATION SIGNSHanoverDOORSVaporCURRENCY:WHEELCHAIR RAMPNF SmartRider ElectricUSDFIRE SUPPRESSION/GAS DETECTIONAmerex SafetyNetAVA/AVLTrapeze TripSparkAPCDilaxVIDEO SURVEILLANCESafety VisionBRAKE MONITORINGMGM eStrokeTIRE PRESSURE MONITORING SYSTEMSSTNew Flyer Supplied TrainingDESCRIPTION COMMENTS QTY HRS.TOTAL SELLING PRICE AT BIDREQUIREMENTBILLABLE: Y/NOperator Training56$13,815.90RequiredYFCEB Technician Training304$126,711.00RequiredY Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses Tab 5, Tooling and Diagnostics Solicitation Requirements: Tooling and Diagnostics. New Flyer Response: Please refer to the attached details of the Tooling and Diagnostics proposal for Fresno Area Express’ review. As per the base contract, some Tooling and Diagnostics elements are included in the bus price whereas other Tooling and Diagnostics elements are priced outside of the bus price. The Tooling and Diagnostics priced outside of the bus price can be used as a shopping list to best select Tools and Equipment necessary for your operation. CONTRACT DELIVERABLES LIST DIAGNOSTICS & TOOLS CUSTOMER NAME Fresno BID/OPTION/SR NUMBER 2023‐008 TECHNICAL SUMMARY 2022‐092 Rev Draft BUS MODEL XHE40 QUANTITY 2 PROPULSION SYSTEM/FUEL CELL Siemens ELFA 3/Ballard FCMove NOTE: TOOL KITS MAY BE SUBJECT TO CHANGE ENERGY STORAGE SYSTEM XALT High Energy Gen 2 COOLING SYSTEM EMP/Modine AXLES MAN VOK07 Front, HY1350 Rear LEVELING/KNEELING SmartRider Lite STEERING Berendsen Electric ABS Wabco AIR CONDITIONING Thermo King, Intelligaire III, TE15, R407c CABIN HEATER Valeo Thermo Electric PLC Vansco DESTINATION SIGNS Hanover DOORS Vapor WHEELCHAIR RAMP NF SmartRider Electric FIRE SUPPRESSION/GAS DETECTION Amerex SafetyNet AVA/AVL Trapeze TripSpark APC Dilax VIDEO SURVEILLANCE Safety Vision BRAKE MONITORING MGM eStroke TIRE PRESSURE MONITORING SYSTEM SST SHIPPING ADDRESS (IF DIFFERENT THAN ABOVE)COMMENTS DESCRIPTION QUOTED PART #BID QTY EXTENDED SELLING PRICE REQUIREMENT BILLABLE: Y/N Diagnostic Equipment for use with all diagnostic software Panasonic FZ55 Toughbook Laptop 6502351 2 N/A Required N Requires annual renewal Wabco ABS Software (1‐year subscription) 6334596 2 N/A Required N Software included in kit Intelligaire III Diagnostic Software & Cables 6393934 2 N/A Required N EMP : Drivers & Downloads (emp‐corp.com)EMP Software NPN 2 N/A Required N Troubleshooting & Diagnostics ‐ Modine Modine Software NPN 2 N/A Required N Software included in kit Valeo Diagnostic Software & Cables 6396448 2 N/A Required N Valeo Adapter ‐ Diagnostic 6492163 2 N/A Required N http://proheat.com/otherFiles/200980K_MAR_18_2 Kit ‐ Link Master Data Proheat 6478593 2 N/A Required N kmeyers@hanoverdisplays.com Hanover HELEN Software 6401762 2 N/A Required N Hanover Keylo Programming Device 6401761 2 N/A Required N Hanover Keylo Programming Base Station 6401760 2 N/A Required N http://divapps.parker.com/divapps/iqan/VanscoVMM Vansco Software NPN 2 N/A Required N http://divapps.parker.com/divapps/iqan/VanscoDLA Vansco 1210 Chooser NPN 2 N/A Required N https://ph.parker.com/us/17616/en/gateway‐modul PVSG Software NPN 2 N/A Required N Cable ‐ PVSG Interface 6487019 2 N/A Required N https://promo.parker.com/promotionsite/parker‐sm Smartrider Software NPN 2 N/A Required N Siemens PCAN Interface Harness 711447 2 N/A Required N USB CAN Adapter ‐ Siemens Interface 6402046 2 N/A Required N UDS Software ‐ Vector Indigo 6487897 2 N/A Required N Requires annual renewal Annual Maintenance ‐ Vector Indigo 6487898 2 N/A Required N Vector Keyman USB Dongle 6487899 2 N/A Required N Indigo Interface ‐ Vector VN1630 Log 6491163 2 N/A Required N (qty of 2 per 1 VN1630)CANPiggy 1057GCap ‐ Vector 6491232 4 N/A Required N (qty of 2 per 1 VN1630)CANcable 2Y ‐ Vector Indigo 6412000 4 N/A Required N darryl_desjarlais@newflyer.com XALT Service Tool Software NPN 2 N/A Required N XALT Interface Cable ‐ Batteries 704950 2 N/A Required N Kit ‐ XALT SPI Tool Universal 6482554 2 N/A Required N Troubleshooting & Diagnostics ‐ Modine Modine BTMS Software NPN 2 N/A Required N Plug ‐ MSD Blank 869751 6 N/A Required N Cap ‐ 12 PK Bus Bar Protective Cvr 6483658 2 N/A Required N Key, Cam Latch #4 (ESS Triangle Key) 6476226 2 N/A Required N Product Drivers ‐ NEXIQ.com Nexiq USB Link 2 ‐ WIFI Edition 6465863 2 N/A Required N darryl_desjarlais@newflyer.com Danfoss Software ‐ Berendsen Pwr Strg NPN 2 N/A Required N Cables Kit ‐ Berendsen Pwr Strg 6490120 2 N/A Required N http://ballard.com/contact‐us Ballard Software NPN 2 N/A Required N Diag Cable ‐ Ballard RDU 6473813 2 N/A Required N Software included in kit Amerex SafetyNet Software & Interface 6355551 2 N/A Required N Software included in kit eStroke Diagnostic Kit ‐ J1939 6466350 2 N/A Required N Software included in kit SST TPMS Admin Software & USB Tool 6487862 2 N/A Required N Clamp Meter ‐ 1000A Fluke 376 6487900 2 N/A Required N Fluke 2 in 1 Multimeter ‐ 1587FC 6400746 2 N/A Required N Conductivity Meter 6489997 2 N/A Required N modular test lead kit 6473267 2 N/A Required N test probe flat blade 6473268 2 N/A Required N test probe back probe 6473269 2 N/A Required N Addt'l Recommended Special Tools & PPE Kit ‐ Lift Tow Universal 6396565 1 $286.79 Recommended Y Kit ‐ Lift Tow Receivers 6396567 1 $1,658.50 Recommended Y Xcelsior Flat Tow adapter (2 pcs. Per set) 6395097 1 $3,164.91 Recommended Y Assy ‐ Frame Flat Towing 902990 1 $5,871.29 Recommended Y Jacking Adapters 434434 1 $1,056.66 Recommended Y Tool ‐ Sway Bar Bushing Removal 566804 1 $426.18 Recommended Y Repair Kit ‐ Disc Brakes & Calipers 6408310 1 $4,100.41 Recommended Y Torque Multiplier 6314711 1 $2,208.07 Recommended Y Hub Repair Kit ‐ MAN VOK‐07 Frt Axle 6408311 1 $8,285.23 Recommended Y Optional Hub Removal Hydraulic Tool Kit ‐ MAN VOK‐07 6458834 1 $5,306.00 Recommended Y King Pin Press Kit ‐ MAN VOK‐07 Frt Axle 6408312 1 $14,440.38 Recommended Y Hub Repair Kit ‐ MAN HY1350 RR Axle 6408306 1 $5,397.31 Recommended Y ABS Sensor R&R Kit ‐ MAN HY1350 RR Axle 6408307 1 $984.96 Recommended Y Pinion Seal Repair Kit ‐ MAN HY1350 RR Axle 6444302 1 $2,639.55 Recommended Y Differential Repair Kit ‐ MAN HY1350 RR Axle 6444303 1 $8,531.35 Recommended Y Optional Tool Kit ‐ MAN HY1350 RR Axle 6444304 1 $36,038.45 Recommended Y Coolant System Pressure Tester 660817 1 $961.15 Recommended Y Kit ‐ Coolant Pressure Fill 6484741 1 $2,848.82 Recommended Y Adj Tool ‐ Strg Gear Box Press Relief 6465265 1 $309.02 Recommended Y Depth Punch ‐ Strg Gear Box Press Relief 6465266 1 $185.41 Recommended Y Flow Meter Tester ‐ Strg Gear Box 140809 1 $1,221.32 Recommended Y Puller Tool ‐ Pitman Arm 6394270 1 $449.62 Recommended Y TK A/C Tool Kit ‐ TE15 R407c 6472762 1 $22,626.84 Recommended Y Amerex Discharge Hose Blowout Adapter 052132 1 $126.48 Recommended Y Amerex Fire Alarm/Simulator Module 6484731 1 $365.23 Recommended Y Amerex Calibration Kit ‐ AMGaDS III 6459321 1 $1,458.27 Recommended Y Assy ‐ H2 Tank Pressure Interface 970139 1 $103.23 Recommended Y Valve Instl Tool 6473780 1 $1,665.74 Recommended Y Ballard Special Tools Kit, HD7 6473770 1 $1,272.85 Recommended Y Lifting Adapter Assy ‐ Siemens PEM 6481413 1 $1,015.46 Recommended Y Lifting Device ‐ XALT XMOD Battery Modules 6476635 1 $1,765.80 Recommended Y HV Tools Wiha Insulated Master Electrician's tool kit 6473445 1 $5,006.64 Recommended Y HV Tools wiha 1/4 in ratchet set insulated SAE 6473447 1 $655.25 Recommended Y HV Tools wiha 1/4 in ratchet set insulated Metric 6473448 1 $655.18 Recommended Y HV Tools 16 PC 3/8 drive socket set 6473449 1 $536.80 Recommended Y HV Tools 3/8 Extension set 6473450 1 $72.94 Recommended Y HV Tools 3/8 Extension set 6473451 1 $101.75 Recommended Y HV Tools wiha open end wrench insulated metric 6473452 1 $708.67 Recommended Y HV Tools wiha open end wrench insulated sae 6473453 1 $880.55 Recommended Y ** All claims for concealed shortages must be reported within 20 days of shipment date. Shipping damages and / or loss must be noted on the delivering carrier waybill at the time of receipt of shipment. A copy of the carrier waybill and / or carrier inspection report must be submitted with your claim within 5 days of receipt of shipment to New Flyer Customer Service. Diagnostic Equipment (included in the bus price) HV Tools Wiha insulated Serrated Tweezers Straight 6473454 1 $65.92 Recommended Y HV Tools Wiha insulated Serrated Tweezers Angled 6473455 1 $91.83 Recommended Y HV Tools Insulated Torque Wrench 1/4" 6473456 1 $906.00 Recommended Y HV Tools Insulated Torque Wrench 3/8" 6472024 1 $978.02 Recommended Y HV Tools Insulated Torque Wrench 1/2" 6473457 1 $1,038.26 Recommended Y HV Tools torque screwdriver set 6473458 1 $525.03 Recommended Y HV Tools insulated crimper 30 ‐ 6 Awg 7" 6473459 1 $60.03 Recommended Y HV Tools wire striper 6 ‐ 3/8 overall 20 to 10 6473460 1 $54.15 Recommended Y HV Tools insulated water pump pliers v‐jaw 6473461 1 $100.28 Recommended Y HV Tools insolated hex key set 10pc metric 6473462 1 $307.25 Recommended Y HV Tools Long SAE Natural insulated hex key set 12 pc 6473463 1 $395.54 Recommended Y HV Tools bit driver 6473464 1 $123.61 Recommended Y HV Tools Stubby Bit Driver 6473465 1 $43.55 Recommended Y HV Tools Wiha Insulated "bitFlip" Set 6472034 1 $76.52 Recommended Y HV Tools Mini Screw Driver set 6473466 1 $130.61 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC Small 6471958 1 $819.27 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC Medium 6473412 1 $819.27 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC Large 6473413 1 $819.27 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC XL 6473414 1 $819.27 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC 2XL 6471962 1 $915.69 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC 3XL 6471963 1 $983.12 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC 4XL 6471964 1 $1,065.04 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 2PC 5XL 6471965 1 $1,146.97 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC Small 6471966 1 $651.16 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC Medium 6473415 1 $651.16 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC Large 6473416 1 $651.16 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC XL 6473417 1 $651.16 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC 2XL 6473418 1 $874.07 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC 3XL 6471971 1 $874.07 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC 4XL 6471972 1 $874.07 Recommended Y PPE ARC Flash Protection Clothing Kit ‐ 1PC 5XL 6471973 1 $874.07 Recommended Y PPE Balaclava Head Cover one size fits all 6473440 1 $48.49 Recommended Y PPE Hard Hat and Face Shield one size fits all 6368561 1 $381.25 Recommended Y PPE Fall Saftey Harness 425LBS 6473270 1 $257.12 Recommended Y PPE Black electrical glove kit, Size 7 6471976 1 $148.99 Recommended Y PPE Black electrical glove kit, Size 8 6473420 1 $148.99 Recommended Y PPE Black electrical glove kit, Size 8.5 6471978 1 $148.99 Recommended Y PPE Black electrical glove kit, size 9 6471979 1 $148.99 Recommended Y PPE Black electrical glove kit, Size 9.5 6473421 1 $148.99 Recommended Y PPE Black electrical glove kit, size 10 6473422 1 $144.63 Recommended Y PPE Black electrical glove kit, Size 10.5 6473423 1 $208.10 Recommended Y PPE Black electrical glove kit, size 11 6473424 1 $151.86 Recommended Y PPE Black electrical glove kit, size 12` 6473425 1 $144.63 Recommended Y PPE HV Blanket 3' x 3' 6473431 1 $495.41 Recommended Y PPE Blanket Clamp 9‐1/2" L, 5" Opening 6473432 1 $35.02 Recommended Y PPE Glove Dust 0.5oz 6473433 1 $90.86 Recommended Y PPE Rescue Hook 6FT 6400745 1 $577.87 Recommended Y PPE Defibrillator Adult 6473177 1 $2,901.96 Recommended Y PPE Brady Personal Lockout Pouch Kit 6473441 1 $132.62 Recommended Y PPE Steel Lock Hasp with Tab 6473442 1 $16.40 Recommended Y PPE American lock A1106RED 6473443 1 $22.77 Recommended Y PPE Lock Out Tag (pk of 25) 6473444 1 $29.47 Recommended Y PPE Hv Warning sign 6473436 1 $19.26 Recommended Y PPE Arc Flash Warning sign 6473437 1 $14.30 Recommended Y PPE steering wheel covers 6473439 1 $72.28 Recommended Y PPE Cart ‐ Safety Barricade System (up to 75ft) 6491772 1 $1,711.68 Recommended Y Fresno Area Express – Fresno, California Option Proposal for 40’ Fuel-Cell Electric Transit Buses Tab 6, Publications Solicitation Requirements: Publications. New Flyer Response: Please refer to the attached Publications for Fresno Area Express’ review. As per the base contract, Publications are included in the bus price. CONTRACT DELIVERABLES PROPOSAL PUBLICATIONS rev a. February 15, 2023 PRIMARY CUSTOMER NAME Fresno Area Express PUBLICATIONS CUSTOMER NAME Fresno Area Express BID NUMBER 2023-008 SR # BUS MODEL XHE40 QUANTITY 2 CUSTOMER PROGRAM MANAGER PROPULSION SYSTEM Siemens - E-Drive All Electric Propulsion System includes. PEM 1DB2016, 160 kW Traction Drive Motor, Inverters, E-drive Controls and related components FUEL SYSTEM Hydrogen - 5 Hexagon Lincoln ACF tanks. Total capacity is 37.5 kg. PROPULSION SYSTEM BATTERIES Xalt - TBD kWh total capacity 24V BATTERIES Odyssey group 31 Absorbed Glass Mat (AGM) maintenance free batteries. 1150 CCA. AIR COMPRESSOR Powerex - Scroll-type, Electrically driven Air Compressor AIR DRYER Haldex - "Gemini MDx" Tandem air dryer (includes Multi-Treatment Catridge) with consep oil/water separator. COOLING-Fuel Cell Modine - 9 electric fan COOLING-Drive Unit EMP - 2 fan, cooler for Traction motor and inverters COOLING-ESS Modine - Battery Thermal Management System FRONT AXLE M.A.N. - VOK-07-F GAWR 15,873 lbs., Disc brakes, Hub mount, Knorr cylinders REAR AXLE M.A.N. - 5.67:1. Model HY-1350-F. GAWR 28,660. With disc brakes, hub mount, Knorr cylinder, Ferodo lining. BRAKE STROKE MONITORING MGM - eStroke POWER STEERING Sheppard - M110 Gear Box and Berendsen pump ABS Meritor WABCO - 24V HVAC UNIT TK - TE15 Rear Mount all electric HVAC CONTROLLER TK - Intelligaire III HVAC COMPRESSOR TK - electric, integral to the HVAC unit CABIN HEAT Valeo - Thermo DC200 Electric DEFROSTER MCC FLOOR HEATING MCC PLC MULTIPLEX Vansco - VMM 1615 WINDOWS Arow Global - non-Flush mounted ENTRANCE DOOR Vapor - slide glide, pneumatic EXIT DOOR Vapor - wide slide glide, pneumatic STRUCTURE Carbon Steel/Ferritic SST (12 year corrosion warranty) INTERIOR LIGHTING New Flyer - LED, 24 VDC VIDEO SURVEILLANCE Safety Vision System DRIVERS SEAT USSC 9100 ALX PASSEGER SEATS American Seating - Insight PASSEGER SEAT - Capacity 38 DESTINATION SIGNS Hanover - 24V LED BIKE RACK Provisions WHEELCHAIR RAMP New Flyer - SmartRider Entrance door, 32"w 1:6 slope KNEELING - Front New Flyer - SmartRider Automated Levelling and Kneeling KNEELING - Rear N/A FIRE DETECTION New Flyer - Detectors in all ESS Enclosures DIAGNOSTIC & MONITORING New Flyer - CONNECT w/o Driver Maneuver Awareness System AVM SYSTEM N/A AVA/AVL/APC SYSTEM Trapeze TripSpark System (Documents supplied direct to customer) This is for one XHE40 Build of 2 Buses Only DESCRIPTION QTY CUSTOMER DELIVERY UPDATES (years)COMMENTS Emergency Responder Guide (8.5x11 laminated paper)2 With First Bus Delivery 6 Emergency information to be on board each bus Operator's Guide (8.5x11 3-hole)2 With First Bus Delivery 6 Parts Manual 2 Within 30 Business Days After Last Bus Delivery 6 Service Manual 2 Within 30 Business Days After Last Bus Delivery 6 Bus System Drawings Manual (11x17 3-hole regular paper includes air, electr, hydraulic, cooling, PLC HVAC layouts and schematics) 2 Within 30 Business Days After Last Bus Delivery 6 TIV USB 2 Within 30 Business Days After Last Bus Delivery 6 USB Includes only NF Manuals plus OEM items below with "*" Sub Total This is for one XHE40 Build of 2 Buses Only DESCRIPTION QTY CUSTOMER DELIVERY UPDATES (years)COMMENTS With First Bus Delivery or Soon After Receiving From OEM Supplier * ELFA3 System User Guide (Safety, Installation, Operation, Maintenance, Diagnostics and Parts information documents)2 "N/A includes PEM Traction Drive Motors, Inverters, E-drive Controls, and related components With First Bus Delivery or Soon After Receiving From OEM Supplier FCMove Fuel Cell System User Guide 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier XALT Energy XMOD ESS Battery User Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier New Flyer Standard Bus Publications OEM Supplier Publications Siemens E-Drive Propulsion System OEM Vendor Manual Set (includes only the following) Ballard Fuel Cell OEM Vendor Manual Set (includes only the following) XALT Energy ESS Battery OEM Manual Set (includes only the following) Modine BTMS OEM Manual (includes only the following) BTMS Service Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Unit Operation & Maintenance Manual 2 "N/A * Intelligaire III Diagnostic Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier EMP Traction Motor and Inverter Cooler Service Manual 2 "N/A * EMP Traction Motor and Inverter Cooler Troubleshooting Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Modine eFan Oil Cooler Service and Diagnostic Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Thermo DC200 Workshop Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier ABS Maintenance Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier MGM eStroke RS232 Diagnostic Document 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Hanover Operation & Maintenance Manual 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Safety Vision OEM Manuals 2 "N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Hardware User Guides 2 "N/A * Software User Guides 2 "N/A * Sub Total $3,300.00 Thermo King HVAC OEM Manual Set (includes only the following) Traction Motor/Inverter Cooling System OEM Manual Set (includes only the following) MGM Brake Stroke Monitor OEM Manual (includes only the following) Vansco Multiplexing System OEM Manual (includes only the following) Destination Sign OEM Manual Set (includes only the following) Valeo Cabin Heater System OEM Manual (includes only the following) WABCO ABS System OEM Manual (includes only the following) Video Surveillance OEM Manual Set (includes only the following) Fuel Cell Cooling System OEM Manual (includes only the following) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-725 Agenda Date:5/11/2023 Agenda #: 1.-AA. REPORT TO THE CITY COUNCIL FROM:ANNALISA PEREA, Vice President District 1 MIGUEL ARIAS, Councilmember District 3 SUBJECT ***RESOLUTION - Adopting a pilot program to incentivize job creation within portions of the Tower District located within Districts 1 and 3 and the portion of the area west of Highway 99 between Clinton Avenue and Shaw Avenue located within District 1. (Subject to Mayor’s Veto) Attachment: Resolution City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 AP/NE 6-0 LC ABSENT R. 2023-141 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ADOPTING A PILOT PROGRAM TO INCENTIVIZE JOB CREATION WITHIN PORTIONS OF THE TOWER DISTRICT LOCATED WITHIN DISTRICTS 1 AND 3 AND THE PORTION OF THE AREA WEST OF HIGHWAY 99 BETWEEN CLINTON AVENUE AND SHAW AVENUE LOCATED WITHIN DISTRICT 1 WHEREAS, the City desires to provide incentives to facilitate job creation in the City; and WHEREAS, commercial and mixed-use development creates jobs, increases property and sales taxes, attracts more business, and creates and enhances vibrant neighborhoods; and WHEREAS, the City has adopted various development impact fees to mitigate the impacts of new development and to fund infrastructure to serve new development, including parks, trails, fire stations, police substations, street improvements, and traffic signals pursuant to the Mitigation Fee Act (Gov. Code 66000 et seq.); and WHEREAS, the City recognizes a fee cannot be increased on future developments or other developments to make up for fees eliminated for certain development projects; and WHEREAS, the City recognizes the eliminated fees need to be offset by identifying other legally available funding sources; and WHEREAS, the City desires to provide the incentive to new commercial and mixed-use development within a portion of the Tower District located within District 1 and 3 (Districts 1 and 3 Tower District Incentive Area) and the portion of the area west of 2 of 6 Highway 99 between Clinton Avenue and Shaw Avenue located within District 1 (District 1 Incentive Area) at the earliest possible opportunity to incentivize job creation; and WHEREAS, to further incentivize job creation and new commercial and mixed-use development within the District 1 Incentive Area and the Districts 1 and 3 Tower District Incentive Area, the City desires to provide sales, property, and business license tax rebates to eligible businesses which create jobs within the District 1 Incentive Area and the Districts 1 and 3 Tower District Incentive Area; and WHEREAS, the Council now wishes to establish an 18-month pilot program under the terms set forth below. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Consistent with the goals of the Economic Expansion Act, the City Manager shall be authorized and directed to reduce and/or eliminate the amount due for citywide Impact Fees of every type, except water connection charges and sewer connection charges, if the following criteria are met: a. The business is a local business. For purposes of the Resolution, a “local business” means those commercial or retail businesses which are licensed by the City of Fresno, meet all requirements to conduct business within the City of Fresno, and whose principal place of business or headquarters is located within City limits; b. The development is a commercial or mixed-use development on vacant property within the District 1 Incentive Area and the Districts 1 and 3 Tower District Incentive Area. The Districts 1 and 3 Tower District Incentive Area is 3 of 6 defined as the portion of the Tower District identified in Exhibit A. The District 1 Incentive Area is defined as the area west of Highway 99 between Clinton Avenue and Shaw Avenue within Council District 1, as depicted in Exhibit B. For the purpose of this resolution, “vacant” shall mean any parcel or storefront, developed or undeveloped, that has been without an occupant or tenant for a period of one month or more; c. The development is owner-occupied or subject to lease of three years or more; d. Necessary public infrastructure is already in place; e. The development will create and sustain at least a net five new full- time equivalent jobs that are a good match for the available workforce in the four- county Fresno commute shed; the applicant shall have a continuing annual obligation to document the jobs created, and the applicant’s records shall be subject to City audit to verify the necessary information; f. The development will create an increase in assessed valuation, and therefore property tax receipts due to the City, which combined with potential sales tax revenue and other revenue streams resulting from the job creation and economic activity of the development, help offset the reduced fees and other incentives in the long term; g. The business is not simply relocating from another location within the City of Fresno; h. The business is current on its business license tax; and i. Funding is available in the adopted City budget to transfer into the 4 of 6 impact fee accounts to offset the amount of any reduced or waived impact fees. 2. In addition to the annual report required under the Mitigation Fee Act, the Administration shall provide Council an annual report detailing the amount and type of development impact fees reduced for each development project. The annual report shall contain information about jobs created as a result of the incentives provided herein. 3. The City Manager is further authorized and directed to enter into an agreement consistent with this resolution to fully rebate the following taxes once actually paid by or on behalf of a business meeting the criteria set forth in Section 1 above, for a period of up to ten years, and upon the execution of an economic incentive agreement between the business and the City: a. 50% of the City of Fresno’s share of local sales and use taxes as of the date of this Resolution, pursuant to California Revenue and Tax Code section 7203.1 (the City shall not rebate a portion of any special tax); and b. For owner occupied properties, 50% of the incremental City property tax attributable to investment made or caused by the business. 4. Program applicants shall be eligible for tax rebates after satisfying all criteria in Section 1 for one full year, and must maintain eligibility over the life of the economic incentive agreement. 5. The total value of incentives granted to a business under this Resolution shall not exceed $15,000 per full time equivalent employee, not to exceed $375,000 total. 6. The City Manager’s authorization and direction to reduce and/or eliminate selected impact fees and enter into an agreement regarding tax rebates shall apply to jobs created after the effective date of this resolution. A proportional share of any one- 5 of 6 time incentive granted pursuant to this resolution, such as an impact fee waiver, shall be rebated to the City if the applicant does not remain in compliance with the criteria set forth in Section 1 for the full ten years. Incentives granted pursuant to this resolution shall be to the exclusion of other City incentive programs. 7. Any business or developer operating as or intending to operate as a “retail tobacco store,” as defined by Fresno Municipal Code section 10-1103, or any business regulated under Fresno Municipal Code Chapter 9, Article 33 “Cannabis Retail Business and Commercial Cannabis Business” within the District 1 Incentive Area and Districts 1 and 3 Tower District Incentive Area shall not be eligible for the incentives established by this Resolution. 8. This Resolution shall expire 18-months from its Effective Date, unless renewed by Council. 9. This resolution shall be effective upon final approval. 6 of 6 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 , 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By:____________________________ Jennifer M. Quintanilla Date Senior Deputy City Attorney Attachments: Exhibit A - Districts 1 and 3 Tower District Incentive Area Exhibit B - District 1 Incentive Area Exhibit A - Districts 1 and 3 Tower District Incentive Area Exhibit B – District 1 Incentive Area City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-727 Agenda Date:5/11/2023 Agenda #: 1.-BB. REPORT TO THE CITY COUNCIL FROM:GARRY BREDEFELD, Councilmember District 6 ANNALISA PEREA, Vice President District 1 SUBJECT ***Bill B-12 (Intro’d 4/27/2023)(For Adoption) - Amending Chapter 9, Article 26 of the Fresno Municipal Code to add Section 9-2610, “Sideshows, Street Races, and Reckless Driving Exhibitions,” prohibiting the knowing participation as a driver, passenger, or spectator in sideshows, street races, or reckless driving exhibitions. (Subject to Mayor’s Veto) Attachment: Ordinance City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 LC/MK 7-0 B-13 O. 2023-013 APPROVED ON CONSENT 1 of 10 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO AMENDING CHAPTER 9, ARTICLE 26 OF THE FRESNO MUNICIPAL CODE TO ADD SECTION 9-2610, “SIDESHOWS, STREET RACES, AND RECKLESS DRIVING EXHIBITIONS,” PROHIBITING THE KNOWING PARTICIPATION AS A DRIVER, PASSENGER, OR SPECTATOR IN SIDESHOW, STREET RACES, OR RECKLESS DRIVING EXHIBITIONS WHEREAS, Sideshows, speed exhibitions, street racing, and other reckless driving activities performed for spectators pose a significant risk to public health and safety by endangering pedestrians, other motorists, and the surrounding community; and WHEREAS, the Council desires to specifically define sideshows, speed exhibition, street racing, reckless driving activities, and the manner in which parties participate in such activities; and WHEREAS, the Council further desires to prohibit the participation in the above activities either as a driver, passenger, or spectator by amending Chapter 9, Article 26 of the Fresno Municipal Code to add section 9-2610; and WHEREAS, adding Section 9-2610 to the Fresno Municipal Code is not a project for the purposes of the California Environmental Quality Act pursuant to CEQA Guidelines 15378 because local prohibition of an activity that is currently prohibited by the California Vehicle Code will not have a direct or reasonably foreseeable indirect impact on the environment; and TKB 2 of 10 WHEREAS, the Council finds that adoption of this ordinance is in the best interests of the City of Fresno. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9, Article 26, Section 9-2610 is added to the Fresno Municipal Code to read as follows: Section 9-2610 SIDESHOWS, STREET RACES, AND RECKLESS DRIVING EXHIBITIONS. (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Off-street Parking Facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended. (2) "Participant" means any individual driving a vehicle which is found to have engaged in a Reckless Driving Exhibition, as referred to in California Vehicle Code Section 23103. (3) "Passenger" means any individual riding in a vehicle which is found to have engaged in a Reckless Driving Exhibition or Sideshow, as referred to in California Vehicle Code Section 23103. (4) "Preparations" for any Sideshow, Street Race or Reckless Driving Exhibition include, but are not limited to, any of the following acts done for the purpose of a Side Show, Street Race or Reckless Driving Exhibition. (i) One or more motor vehicles and persons have arrived at a location on a public street or highway or in an Off- street Parking Facility for the purpose of participating in or 3 of 10 observing a Sideshow, Street Race or Reckless Driving Exhibition; and (ii) One or more persons have gathered on, or adjacent to, a public street or highway for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and (iii) One or more persons have gathered in an Off- street Parking Facility for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and (iv) One or more persons have impeded the free public use of a public street, highway, or Off-street Parking Facility by acts, words or physical barriers for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and (v) One or more motor vehicles have lined up on a public street, highway, or Off-street Parking Facility with motors running for the purpose of participating in or observing a Sideshow, Street Race or Reckless Driving Exhibition; and (vi) One or more drivers are revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or (vii) A person is standing or sitting in a location to act as a race starter. 4 of 10 (5) "Present" means a Spectator is within two hundred feet of the location of the Sideshow, Street Race or Reckless Driving Exhibition, or within two hundred feet of the site of the Preparations for either of these activities. (6) "Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended. (7) "Scene" shall mean the location of the Sideshow, Street Race or Reckless Driving Expedition or the location of the Preparations for the Sideshow, Street Race or Reckless Driving Expedition. (8) "Sideshow" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended. (9) "Spectator" shall mean any person who is present at a Sideshow, Street Race or Reckless Driving Exhibition, or the site of the Preparations for any of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A "Spectator" includes any person at the location of the event without regard to the means by which the person arrived. (10) "Street Race" means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) 5 of 10 and (c) of California Vehicle Code Section 23109, as may be amended. (b) Prohibition on Participation. It shall be unlawful for any person to: (1) Intentionally participating as a driver at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway; or in an Off-street Parking Facility including parking garages. (2) Intentionally being present as a Passenger at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway or in an Off-street Parking Facility including parking garages. (3) Intentionally being present as a Spectator at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway or in an Off-street Parking Facility including parking garages. (4) Intentionally being present as a Spectator where Preparations are being made for a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street, highway, or in an Off-street Parking Facility including parking garages. (5) Nothing in this Chapter prohibits peace officers, medical professionals, firefighters or their agents who are acting in the course of their official duties from being Spectators at a 6 of 10 Sideshow, Street Race or Reckless Driving Exhibition or Spectators at the location of Preparations for any of these activities. (6) Nothing in this Chapter prohibits uninvolved innocent bystanders from reporting these activities. (7) Uninvolved innocent bystanders are not in violation of this ordinance even if they are within two hundred feet of these activities if they do not possess the requisite intent to Spectate, Street Race, participate in a Sideshow, or engage in Reckless Driving Exhibition. (c) Considerations relevant to a violation. In establishing a violation of subsection (b), the following may be considered to the extent permissible by applicable law: (1) Evidence of Prior Acts: (i) That the person charged has previously participated in or been a Spectator at a Sideshow, Street Race or Reckless Driving Exhibition; (ii) That the person charged has previously aided and abetted a Sideshow, Street Race, or Reckless Driving Exhibition; (iii) That the person charged has previously attended a Sideshow, Street Race, or Reckless Driving Exhibition; or 7 of 10 (iv) That the person charged was previously present at a location where Preparations were being made for a Sideshow, Street Race or Reckless Driving Exhibition, or where a Sideshow, Street Race or Reckless Driving Exhibition was in progress. (v) Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity or the absence of mistake or accident, or propensity of the defendant to be present at or attend a Sideshow, Street Race, or Reckless Driving Exhibition if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a Sideshow, Street Race or Reckless Driving Exhibition was taking place. (2) The time of day; (3) The nature and description of the Scene, including the number and configuration of traffic lanes; (4) The number of people at the Scene; (5) The location of the person charged in relation to any person or group of persons present at the Scene; (6) The number and descriptions of motor vehicles at the Scene; 8 of 10 (7) That the motor vehicles at the Scene have been modified or altered to increase power, handling, or visual appeal; (8) That the person charged drove or was transported to the Scene. (d) Prohibition on Promotion. (1) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway; or conducted on a public street or highway, or Off-street Parking facility including parking garages. (2) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators where Preparations are being made for a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway, or in an Off-street Parking Facility including parking garages. (e) Violations. (1) Any person who violates this Section is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.00, unless at the discretion of the City Attorney, the violation is reduced to an infraction. 9 of 10 (2) Any person who violates this Section or who aids in the violation of this Section is liable for the actual damages caused by said violation, in such amount as may be determined by a jury or a court sitting without a jury. SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. 10 of 10 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Talia Kolluri Date Assistant City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-734 Agenda Date:5/11/2023 Agenda #: 1.-CC. REPORT TO THE CITY COUNCIL FROM:NELSON ESPARZA, Councilmember District 7 SUBJECT Actions pertaining to the 2023/2024 Women’s Recovery Response Grant 1. ***Authorize the City Manager to accept $100,000 in grant funding for the 2023/2024 Women’s Recovery Response grant awarded to the City of Fresno Women’s Commission from the California Commission on the Status of Women and Girls (CCSWG) through the State of California (Subject to Mayor’s veto) 2. Authorize the City Manager or her designee to execute the agreement, extensions, and all related documentation applicable to the 2023/2024 Women’s Recovery Response grant 3. ***RESOLUTION - Adopt the 43rd Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $100,000 for the Fresno Women’s Commission Women’s Recovery Response grant (Requires 5 Affirmative Votes) (subject to Mayor’s Veto) RECOMMENDATION Staff recommends Council authorize City Manager to accept $100,000 in grant funding for the 2023/24 Women’s Recovery Response grant awarded to the City of Fresno Women’s Commission from the California Commission on the Status of Women and Girls (CCSWGs) and allow the City Manager or her designee to execute the agreement, extensions, and all other related documentation. EXECUTIVE SUMMARY The City of Fresno has been awarded grant funds of $100,000 from the CCSWGs to directly serve women’s economic security. The grant period is from July 14, 2023, through April 12, 2024. Funding is intended to be used to serve women's economic security by 1) providing them monetary scholarships to cover the costs related to pursuing a higher education, 2) relieving the financial burden un-housed women face during menstruation, 3) providing stipends to staff who facilitates the functions of the City of Fresno Women’s Commission, and (4) providing funds to cover costs of marketing materials to expand the public reach of the City of Fresno Women’s Commission. There is no match requirement. BACKGROUND The CCSWGs administers California’s Women’s Recovery Response Grant Program first created in FY22 to address women’s economic recovery from the COVID-19 pandemic. During FY22, the City City of Fresno Printed on 5/12/2023Page 1 of 2 powered by Legistar™ 5/11/2023 LC/MK 7-0 R. 2023-142 APPROVED ON CONSENT File #:ID 23-734 Agenda Date:5/11/2023 Agenda #: 1.-CC. of Fresno applied for and received a $25,000 capacity building grant that resulted in the creation of the City of Fresno Women’s Commission (Commission) during the Fresno City Council meeting held on April 27, 2022. Funds of the capacity building grant provided funds for 17, $500 scholarships awarded to women pursuing a higher education in the City of Fresno, funded $500 stipends for the 7 appointed commissioners, and provided funds for a boards and commission training program for appointed commissioners that included 6 sessions. The Commission has been awarded a second award of $100,000 from the second round of the Women’s Recovery Response Grant Program. Funds are intended to be used to (1) expand the Commission’s Scholarship Program budget from $8,500 to $40,000, (2) expand the Commission’s Feminine Hygiene Product Program for unhoused women budgeted at $30,500, (3) cover costs of marketing materials (website, canopy, t-shirts etc.) budgeted at $20,000, (3) cover administrative expenses budgeted at $5,000, and (4) provide stipends of $1,500 to the three Council staff who manage the operations of the Commission in addition to their regular work load. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT No fiscal impact City of Fresno Printed on 5/12/2023Page 2 of 2 powered by Legistar™ May 12, 2023 TO: MAYOR JERRY DYER FROM: q ODD STERMER, CMC City Clerk Council Adoption: 05/11 /2023 Mayor Approval: Mayor Veto: Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of May 11, 2023, Council adopted the attached ***Authorize the City Manager to accept $100,000 in grant funding for the 2023/2024 Women's Recovery Response grant awarded to the City of Fresno Women's Commission from the California Commission on the Status of Women and Girls (CCSWG) through the State of California (Subject to Mayor's veto) Item 1-CC-1, File ID 23- 734, by the following vote: Ayes : Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Noes :None Absent :None Abstain :None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before May 22, 2023. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed appro - -, APPROVED /NO RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) COUNCIL OVERRIDE ACTION: Ayes Noes Absent Abstain Date:. ,� , , 4 Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 43rd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $100,000 FOR THE 2023/2024 WOMEN’S RECOVERY RESPONSE GRANT WITH THE CALIFORNIA COMMISSION ON THE STATUS OF WOMEN AND GIRLS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: CITY COUNCIL General Fund $ 100,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Revenues: Account String: 2000-2070-0120-025-433401-01-1-0000-0000- $ 100,000 Total Revenues $ 100,000 Appropriations: Account String: 2000-2070-0120-025-658004-01-1-0000-0000 $ 100,000 Project String: 010700004-SPECPROJ Total Appropriations $ 100,000 THAT the purpose is to appropriate $100,000 for the 2023/2024 Women’s Recovery Response Grant with the California Commission on the Status of Women and Girls. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-759 Agenda Date:5/11/2023 Agenda #: 1.-DD. REPORT TO THE CITY COUNCIL FROM:MIKE KARBASSI, Councilmember District 2 SUBJECT ***RESOLUTION - Conduct a Traffic Safety Assessment on Running Red Lights and Accidents to Address the Top 10 Intersections with Red-Light Runners in Honor of Amaya Suni Chenot (Subject to Mayor’s Veto) RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] 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 [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] City of Fresno Printed on 5/5/2023Page 1 of 2 powered by Legistar™ 5/11/2023 CONTINUED TO MAY 25, 2023 NEW FILE ID 23-816 File #:ID 23-759 Agenda Date:5/11/2023 Agenda #: 1.-DD. Attachment:[If more than one, pluralize] City of Fresno Printed on 5/5/2023Page 2 of 2 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO CONDUCT A TRAFFIC SAFETY ASSESSMENT ON RUNNING RED LIGHTS AND ACCIDENTS TO ADDRESS THE TOP 10 INTERSECTIONS WITH RED-LIGHT RUNNERS IN HONOR OF AMAYA SUNI CHENOT WHEREAS, safe, convenient, an accessible transportation for all users is an adopted priority of the City of Fresno; and WHEREAS, one death on our streets is one too many; and WHEREAS, crashes that result in death or serious injury are not inevitable but largely preventable and stem in part from human inattention and designs that are ineffective in accommodating multimodal uses in urban environments; and WHEREAS, it is the role of government to do its part to serve and protect the populace; and WHEREAS, between 2014 and 2018, approximately 15,800 collisions were reported on Fresno’s streets, resulting in 5,795 injuries and 192 deaths; and WHEREAS, on April 12, 2023, 22-year-old Amaya Suni Chenot was killed by a red-light runner at the intersection of Friant and Shepherd Avenues in Fresno, and WHEREAS, the City of Fresno is designated as a Pedestrian Safety Focus City by the Federal Highways Administration (FHWA), and WHEREAS, the Council desires to conduct a traffic safety assessment addressing the top ten intersections for red-light problems and recommendations to combat red-light runners. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as 2 of 3 follows: 1. The City shall conduct an assessment within the City of Fresno to address the top ten intersections with red-light runners and accidents.. 2. The City Manager shall report back to the City Council with information regarding the top ten intersections, options for infrastructure improvements, potential use of traffic signal cameras; police department deployment or any other means to combat red-light runners; the Administration is hereby directed to provide a report to the Council within 30 days from the passage of this resolution. 3. This resolution shall be effective upon final approval. * * * * * * * * * * * * * * 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:ISRAEL TREJO, Planning Manager Planning and Development Department BY:THOMAS VEATCH, Planner Planning & Development Department SUBJECT Consideration of Plan Amendment and Rezone Application No. P22-01086, Development Permit Application No. P21-06232, and related Environmental Assessment No. P22-01086/P21-06232 pertaining to ±2.20 acres of property located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues (Council District 6) - Planning & Development Department. 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22- 01086/P21-06232, dated March 28, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA). 2. RESOLUTION - approving Plan Amendment Application No. P22-01086, requesting authorization to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject ±2.20 acre property from Residential - Medium Low Density to Residential - Medium High Density. 3. BILL - (For introduction and adoption) Rezone Application No. P22-01086, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the ±2.20 acre subject property from the from RS-4/UGM (Residential Single Family, Medium Low Density/Urban Growth Management Area) to RM-1/UGM (Residential Multi-family - Medium High Density/Urban Growth Management Area) zone district in accordance with the Plan Amendment Application. 4. APPROVE - Development Permit Application No. P21-06232, requesting authorization to construct a 32 unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069 square-foot leasing and managers office on a vacant parcel, subject to compliance with the Conditions of Approval dated April 5, 2023. RECOMENDATION Staff recommends that the City Council take the following actions: 1.ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22- 01086/P21-06232, dated March 28, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2.ADOPT RESOLUTION - approving Plan Amendment Application No. P22-01086, requesting City of Fresno Printed on 5/12/2023Page 1 of 15 powered by Legistar™ 5/11/2023 GB/MK 7-0 R. 2023-143 B-14/O. 2023-014 File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: 2.ADOPT RESOLUTION -approving Plan Amendment Application No.P22-01086,requesting authorization to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject ±2.20 acre property from Residential - Medium Low Density to Residential - Medium High Density; and 3.INTRODUCE AND ADOPT BILL -approving Rezone Application No.P22-01086,requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the ±2.20 acre subject property from the from RS-4/UGM (Residential Single Family,Medium Low Density/Urban Growth Management Area)to RM-1/UGM (Residential Multi-family - Medium High Density/Urban Growth Management Area)zone district in accordance with the Plan Amendment Application; and 4.APPROVE -Development Permit Application No.P21-06232,requesting authorization to construct a 32 unit apartment complex consisting of four (4)5,750 square-foot two-story buildings and a 1,069 square-foot leasing and manager office on a vacant parcel,subject to compliance with the Conditions of Approval dated April 5, 2023. EXECUTIVE SUMMARY Ubaldo Garcia of Villa Di Ubaldo,on behalf of John Ashley of Fresno Newbury LP has filed Plan Amendment/Rezone Application No.P22-01086 and related Development Permit Application No. P21-06232 pertaining to a vacant ±2.20 acre parcel located on the west side of North Chestnut Avenue, between East Shepherd Avenue and East Teague Avenue. Plan Amendment Application No.P22-01086 proposes to amend the Fresno General Plan and the Woodward Park Community Plan,to change the planned land use designation for the subject property from Residential - Medium Low Density to Residential - Medium High Density. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4/UGM (Residential Single Family,Medium Low Density/Urban Growth Management Area)to the RM-1 (Residential Multi-family -Medium High Density/Urban Growth Management Area)zone district in accordance with the Plan Amendment Application. Related Development Permit Application No.P21-06232 requests to construct a 32 unit apartment complex consisting of four (4)5,750 square-foot two-story buildings and a 1,069 square-foot leasing and manager office on a vacant parcel.Under the current planned land use and zone district of Residential -Medium Low Density,the proposed use as a multi-unit apartment complex would be prohibited. City of Fresno Planning Commission Action On April 5,2023,the Planning Commission considered the item as presented by staff,followed by a presentation by the applicant.No members of the public spoke in support or opposition of the project. One letter in opposition of the project was received in response to the mailed notice (Exhibit N). After receiving testimony,the Planning Commission voted and recommended the City Council approve the plan amendment,rezone,development permit,and related environmental assessment. The Planning Commission Resolutions (Exhibits O) are attached for more information. BACKGROUND City of Fresno Printed on 5/12/2023Page 2 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: Plan Amendment and Rezone Application No.P22-01086 and related Development Permit Application No.P21-06232 were filed by Ubaldo Garcia of Villa Di Ubaldo,on behalf of John Ashley of Fresno Newbury LP and pertains to a vacant parcel totaling approximately ±2.20 acres located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues. Surrounding Property Information The project site is in an area generally characterized by a mix of existing land uses including single family residential homes (west and east),a youth center (Campus Life Center,south),and multi- family residential apartments (Chestnut Court Apartments,north).Furthermore,surrounding properties are planned and zoned for a mix of land uses which include Medium High Density Residential (north),Medium Low Density (south),Residential -Low Density (east),and Residential - Medium Low Density (west).The existing Shepherd Ranch Shopping Center is located north of the subject property at the southwest corner of the intersection of North Chestnut and East Shepherd Avenues.The center is planned and zoned for a mix of office and commercial uses.Additional surrounding property information such as the existing and planned land use designations,as well as the existing zoning districts surrounding the subject property can be found in Exhibits A and B. Project Description The project proposes a 32 unit apartment complex consisting of four (4)±5,750 square-foot two-story buildings and a ±1,069 square-foot leasing and manager office on a vacant parcel.In addition,on and off-site improvements are proposed including but not limited to a new drive approach,79 parking stalls,pool,trash enclosures,19,165 square feet of private and common open space,landscaping, curb, gutter, and sidewalks. Existing Land Use and Zoning The subject property is located within the boundaries of the Fresno General Plan and the Woodward Park Community Plan.These plans designate the subject ±2.20 acre property for Residential - Medium Low Density planned land uses.The existing underlying RS-4/UGM (Residential Single Family,Medium Low Density/Urban Growth Management Area)zone district is consistent with Residential - Medium Low Density planned land use designation. According to the Fresno General Plan,Medium Low Density Residential is intended to provide single family detached housing with densities of 3.5 to 6 units per acre.The subject property is 2.20 acres, therefore would support a minimum density of 8 units and a maximum of 13 units if developed with single family homes.The project proposes a 32 unit apartment complex so therefore under the current planned land use and zone district of Residential -Low Density,the proposed apartments would be prohibited.Therefore,the subject Plan Amendment and Rezone Application (P22-01086)is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development. Proposed Land Use and Zoning Plan Amendment Application No.P22-01086 proposes to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from Residential -Medium Low Density to Medium High Density (Exhibit L).The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4/UGM (Residential Single Family,Medium Low Density/Urban GrowthCity of Fresno Printed on 5/12/2023Page 3 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: subject property from the RS-4/UGM (Residential Single Family,Medium Low Density/Urban Growth Management Area)zone district to the RM-1/UGM (Residential Multi-family Family,Medium High Density/Urban Growth Management Area)zone district in accordance with the Plan Amendment Application (Exhibit M).The proposed underlying RM-1 zone district is consistent with the proposed Residential - Medium High Density planned land use designation. The Medium High Density residential land use classification is intended for neighborhoods with a mix of single-family residences,townhomes,garden apartments,and multi-family units intended to support a fine-grain,pedestrian scale.This land use accommodates densities from 12 to 16 units per acre overall.Based on the subject property being 2.20 acres,under the proposed Medium High Density designation, the parcel will support 26 to 35 units. Housing Crisis Act of 2019 (SB 330) California is experiencing a housing supply crisis,with housing demand far outstripping supply.On October 9,2019,Governor Newsom signed Senate Bill (“SB”)330 enacting the “Housing Crisis Act of 2019.”This housing bill was effective starting January 1,2020,and will remain in effect through January 1,2030.One of the applicable provisions of this legislation,as it relates to Plan Amendments and Rezoning,includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation,specific plan designation,or zoning to a less intensive use,or reduce the intensity of an existing land use designation or zone district,below the density/intensity that was in effect on January 1,2018;unless,the City concurrently increases density within its plans elsewhere within the City (i.e.corresponding up-zone)to ensure the total number of available residential units remain the same,resulting in no net loss of residential development capacity. In this case,the project with a subject area of ±2.20 acres are proposing a land use change from Residential -Medium Low Density to Residential -Medium High Density.Therefore,the proposed plan amendment and rezone application would result in an increase of residential development capacity (resulting in no net loss in residential capacity). ANALYSIS Traffic Analysis Passenger vehicle trips associated with the apartments will primarily consist of residents and guests of the proposed apartments. The project is located on the west side of North Chestnut Avenue,between East Shepherd Avenue and East Teague Avenue.The Fresno General Plan Circulation Element designates North Chestnut Avenue as a four-lane arterial street,East Shepherd Avenue as an arterial street,and East Teague Avenue as a collector street.North Willow Avenue,a super arterial street is located 0.5 miles to the east of the intersections of North Chestnut and East Shepherd or North Chestnut and East Teague avenues.All 14 intersections of major streets within 0.5 mile of the subject property are signalized. The project will include frontage improvements (i.e.,curb,gutter,and sidewalk)along North Chestnut Avenue, and will be served by one proposed approach. The existing southbound lane of North Chestnut Avenue is planned for two lanes,however the areas adjacent to the subject property and the three parcels located to the south are currently developed as a single southbound lane.The frontage would be constructed to two lanes whenever newCity of Fresno Printed on 5/12/2023Page 4 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: a single southbound lane.The frontage would be constructed to two lanes whenever new development is proposed for those properties. The projected Trip Generation based on operational data for the proposed project consists of 234 total daily passenger car trips,15 peak AM peak hour trips,and 18 peak PM hour trips.As no trips are expected to exceed 200 peak hour trips, a Traffic Impact Study was not required. The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan,Traffic Impact Zone III (TIZ-III)generally represents areas near or outside the City Limits but within the SOI as of December 31,2012.TIZ-III is required to maintain a peak hour LOS standard of D or better for all intersections and roadway segments. Per General Plan Policy MT-2-I,a Traffic Impact Study (TIS)would be required for all development projected to generate 100 or more peak hour new vehicle trips in the TIZ-III;when a project includes a general plan amendment or rezone;or when the project will substantially change the off-site transportation system.However,a TIS is not required if the City Traffic Engineer determines that the project site and surrounding area already has appropriate multi-modal infrastructure improvements. As demonstrated above,the project would not exceed 100 or more peak hour trips in the TIZ-III,or will substantially change the off-site transportation system,but does include a General Plan Amendment and Rezone. The Public Works Department requested a Trip Generation Analysis (TGA)to compare the trips generated by the proposed project and proposed zoning compared to what could be developed under the existing zoning.The TGA,prepared by JLB Traffic Engineering analysis dated March 11, 2022 (included in Exhibit J)projected that if 12 single family homes under the current zoning were proposed,it would generate 113 Active Daily Trips,9 AM peak hour trips,and 12 PM peak hour trips. Therefore,the rezoning and construction of the 32-unit apartment project would be an additional 121 Active Daily Trips,an additional 6 AM peak hour trips,and an additional 6 PM peak hour trips. Therefore,in accordance with GP Policy MT-2-I,the City Traffic Engineer determined that a full TIS was not necessary for the project. The Public Works Department,Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer.These requirements generally include:(1)street dedications;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement,underground street lighting systems; and (3)Payment of applicable impact fees (including,but not limited to,the Traffic Signal Mitigation Impact (TSMI)Fee,Fresno Major Street Impact (FMSI)Fee,and the Regional Transportation Mitigation Fee (RTMF)Fee.These requirements are outlined within the memorandum from the City Traffic Engineer dated September 21,2022,which are included in the Conditions of Approval dated April 5, 2023 (Exhibit E). Vehicle Miles Traveled (VMT) Analysis Senate Bill (SB)743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT)instead of Level of Service (LOS).VMT measures how much actual auto travel (additional miles driven)a proposed project would create onCity of Fresno Printed on 5/12/2023Page 5 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: measures how much actual auto travel (additional miles driven)a proposed project would create on California roads.If the project adds excessive car travel onto our roads,the project may cause a significant transportation impact. The State CEQA Guidelines were amended to implement SB 743,by adding Section 15064.3. Among its provisions,Section 15064.3 confirms that,except with respect to transportation projects,a project’s effect on automobile delay shall not constitute a significant environmental impact.Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts. CEQA Guidelines Section 15064.3(b)(4)states that “[a]lead agency has discretion to evaluate a project’s vehicle miles traveled,including whether to express the change in absolute terms,per capita,per household or in any other measure.A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence.Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project.The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” On June 25,2020,the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds,dated June 25,2020,pursuant to Senate Bill 743 to be effective of July 1,2020.The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds.The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7.The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory)published by the Governor’s Office of Planning and Research (OPR),was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds. The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis.These criteria may be size,location,proximity to transit,of trip making potential.In general development projects that are consistent with the City's General Plan and Zoning and that that meet one or more of the following criteria can be screened out from a quantitative VMT analysis. 1.Project Located in a Transit Priority Area/High Quality Transit Corridor (within 0.5 miles of a transit stop) 2.Project is Local-serving Retail of less than 50,000 square feet 3.Project is a Low Trip Generator (Less than 500 average daily trips) 4.Project has a High Level of Affordable Housing Units 5.Project is an institutional/Government and Public Service Uses 6.Project is located in a Low VMT Zone The City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone,none of the screening criteria may apply,and that the City must evaluate such projects on a case-by-case basis.Here the Project includes both a General Plan Amendment and a Rezone and does not meet the screening criteria.As such, a quantitative VMT analysis is required. For projects which are not screened out,a quantitative analysis of VMT impacts must be preparedCity of Fresno Printed on 5/12/2023Page 6 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: For projects which are not screened out,a quantitative analysis of VMT impacts must be prepared and compared against the adopted VMT thresholds of significance.The Fresno VMT Thresholds document includes thresholds of significance for development projects,transportation projects,and land use plans.These thresholds of significance were developed using the County of Fresno as the applicable region,and the required reduction of VMT (as adopted in the Fresno VMT Thresholds) corresponds to Fresno County’s contribution to the statewide GHG emission reduction target.To reach the statewide GHG reduction target of 15%,Fresno County must reduce its GHG emissions by 13%. The method of reducing GHG by 13% is to reduce VMT by 13% as well. VMT is simply the product of a number of trips and those trips’lengths.The first step in a VMT analysis is to establish the baseline average VMT,which requires the definition of a region.The CEQA Guidelines for Vehicle Miles Traveled Thresholds for the City of Fresno (June 25,2020) provide that the Fresno County average VMT per capita (appropriate for residential land uses)and employee (appropriate for office land uses)are 16.1 VMT per capita and 25.6 VMT per employee, respectively. The City’s threshold targets a 13% reduction in VMT for residential and office land uses. The City’s adopted thresholds for development projects correspond to the regional thresholds set by the Fresno Council of Governments (COG).For residential and non-residential (except retail) development projects,the adopted threshold of significance is a 13%reduction,which means that projects which generate VMT in excess of a 13%reduction from the existing regional VMT per capita or per employee would have a significant environmental impact.Projects which reduce VMT by more than 13%are less than significant.For retail projects,the adopted threshold is any net increase in VMT per employee compared to existing VMT per employee. Per the City of Fresno VMT Guidelines,Project VMT may be calculated using the Fresno COG VMT Calculation Tool for residential projects having less than or equal to 500 dwelling units or office projects having less than or equal to 375 employees.Because this project is for multi-family residential and there are less than 500 dwelling units,the Fresno COG VMT Analysis Tool was used to determine the Project VMT. Quantitative assessments of the VMT generated by the Project have been determined using the Fresno COG VMT Analysis Tool.The number of units and location were entered to conduct a Project- specific VMT analysis using the Fresno COG VMT Analysis Tool.Based on the output,the Project is expected to have a VMT of 12.9 per capita and does not exceed the City’s VMT threshold of 16.01 VMT per capita. Based on these results,there is not a significant impact to VMT associated with this Project pursuant to the City of Fresno VMT analysis guidelines concerning consistency with CEQA Guidelines Section 15064.3(b). Additionally,had the proposed project not required a general plan amendment or rezone,the development of the 32-unit apartment project would have otherwise been eligible to screen out because it would have been considered a low trip generator due to the project proposing a total of 234 Active Daily Trips, which is below the threshold of 500 ADT. Public Services Sewer The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main located inCity of Fresno Printed on 5/12/2023Page 7 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main located in North Chestnut Avenue.The applicant will be required to install sewer house branches to the property,abandon any existing on-site private septic systems,and pay applicable sewer connection charges and fees.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated September 16, 2022. Water The nearest water mains to serve the proposed project is a 14-inch water main located in North Chestnut Avenue.Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated September 16, 2022. Solid Waste The project was reviewed by the Department of Public Utilities to ensure that the proposed trash enclosures for the project comply will any applicable policies related to capacity,access,and overall design to ensure that service can be provided to the site without impacts to the site,surrounding properties,or solid waste service to the city.The requirements listed above,and additional requirements have been listed in the Department of Public Utilities memo dated September 16, 2022. FMFCD The subject property is located is located in the Fresno Metropolitan Flood Control District’s (FMFCD) Drainage Area “R.”The FMFCD has indicated that the proposed development is not located within a flood prone area.These as well as additional requirements are listed in the memorandum from FMFCD dated January 22 and September 22, 2022. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject compliance will Fire Department comments or conditions of approval related to access and design of proposed project.Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application No.P22-01086 and Development Permit Application No.P21-06232.The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated April 5, 2023. Fresno Municipal Code Given that corrected exhibits are required that demonstrate compliance with the conditions of approval provided for the project dated April 5,2023 (Exhibit E),Plan Amendment and Rezone Application No.P22-01086 and related Development Permit Application No.P21-06232 will meet all of the provisions of the FMC,including but not limited to setbacks,transition standards,open space, parking,landscaping,and connectivity,and will comply with all applicable design guidelines and development standards for residential multi-family uses in the RM-1 (Residential Multi-family/Urban Growth Management area)zone district.Therefore,the project is consistent with the standards and City of Fresno Printed on 5/12/2023Page 8 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: requirements of the Fresno Municipal Code. LAND USE PLANS AND POLICIES Fresno General Plan The project proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Residential -Medium Low Density to Residential -Medium High Density.The Medium High Density residential land use classification is intended for neighborhoods with a mix of single-family residences,townhomes,garden apartments,and multi- family units intended to support a fine-grain,pedestrian scale.This land use accommodates densities from 12 to 16 units per acre overall.Based on the subject property being 2.20 acres,under the proposed Medium High Density designation, the parcel will support 26 to 35 units The Fresno General Plan provides goals,objectives,and policies to guide development.As proposed, the project will be consistent with the following Fresno General Plan goals: ·Increase opportunity, economic development, business, and job creation. ·Provide for a diversity of districts,neighborhoods,housing types (including affordable housing),residential densities,job opportunities,recreation,open space,and educational venues that appeal to a broad range of people throughout the city. ·Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities,building types,and affordability which are designed to be healthy,attractive,and centered by schools,parks,and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. ·Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno. ·Emphasize the City as a role model for good growth management planning,efficient processing and permit streamlining,effective urban development policies,environmental quality,and a strong economy.Work collaboratively with other jurisdictions and institutions to further these values throughout the region. ·Improve Fresno’s visual image and enhance its form and function through urban design strategies and effective maintenance. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. ·Objective UF-1 of the General Plan emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types. o UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. o Policy UF-1-d further emphasizes provisions for a diversity and variation of building City of Fresno Printed on 5/12/2023Page 9 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: types, densities, and scale of development to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. o Policy UF-1-e promotes and protects unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural, and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. ·Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents. o Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re- developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. ·Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities. o Policy LU-5-d: Medium-High Density Residential Uses. Promote medium-high density residential uses to optimize use of available or planned public facilities and services and to provide housing opportunities with convenient access to employment, shopping, services, and transportation. o Policy LU-5-g: Scale and Character of New Development. Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes. Much of Fresno has been built as distinct residential tracts bordered by strip retail centers,many of which are not accessible from the adjacent homes due to security walls or other barriers.By contrast, the Complete Neighborhoods concept will enable Fresnans to live in communities with convenient services, employment, and recreation within walking distance. The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self- sufficient,walkable,and interconnected.It provides residents with most all they need on a daily basis nearby.In other words,a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact.This convenient and healthy lifestyle is the benefit of a Complete Neighborhood.While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood,some of the defining characteristics of a Complete Neighborhood include Parks and public schools within or near the neighborhood,public plaza/civic space;access to public transit,neighborhood-serving retail,and a range of employment opportunities. Many schools,including elementary,intermediate,and high schools,as well as the Clovis Community College are within 1.5 mile vicinity of the project area.A 9.6 acre neighborhood park (Selma Layne)is located northwest of the project site at the intersection of East Shepherd and North City of Fresno Printed on 5/12/2023Page 10 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: Maple avenues. Currently,the nearest public transit options to serve the subject property are Bus Routes 3 and 58 which are located at the intersections of North Cedar and Shepherd Avenue and East Nees and North Willow Avenues.A Class I bicycle trail is accessible from the intersection of East Shepherd and North Chestnut Avenue,which provides further bicycle connectivity to Woodward Park or another Class I trail along North Willow Avenue,which provides further connectivity to the Old Town Clovis bicycle trail. Nearby neighborhood-serving retail is provided by the commercial retail shopping center located north of the subject property at East Shepherd and North Chestnut Avenue,and employment opportunities are primarily provided along the Willow Avenue corridor just east of the subject property. The proposed plan amendment meets the intent of the goals,objectives,and policies of the Fresno General Plan referenced herein above.The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses.The project also proposes buildings of high quality design and at a scale compatible with the surrounding area;therefore,the project fosters a high quality design and would contribute to the mix of amenities in the surrounding area. Woodward Park Community Plan Upon reviewing the policies in the Woodward Park Community Plan,staff has determined that no policies are applicable or more restrictive than those in the Fresno Municipal Code (FMC)or the Fresno General Plan.However,pursuant to Section 15-104-D-4 of the FMC,should there be a conflict between the FMC and the Woodward Park Community Plan, the FMC shall control. Fresno County Airport Land Use Compatibility Plan The project is not located within an airport influence area identified in the Fresno County Airport Land Use Compatibility Plan. Public Notice and Input Neighborhood Meeting On November 14,2022,the applicant held a neighborhood meeting,in accordance with FMC Sections 15-5805 and 15-5006.The applicant mailed notices to property owners within 1,000 feet of the subject property.The applicant prepared and presented an overview of the project,including exhibits of the proposed development.Approximately 30 residents or property owners from within the neighborhood attended the meeting.Questions included but were not limited to:Inquiring about what environmental assessment is required;Inquiring if a TIS was prepared;questions about the projects impact on property values;the approval process required;and various questions about the overall design of the project. A summary of the meeting provided as part of Exhibit F. On November 14,2022,a letter was received (Exhibit G)in response to the neighborhood meeting from a nearby resident expressing opposition to the proposed rezoning and construction of the apartments. ·The letter requested clarification on what environmental review occurred and if a TIS had been prepared for the project. ·The letter expressed concern that the proposed rezoning and project could have a negative City of Fresno Printed on 5/12/2023Page 11 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: impact on traffic to the surrounding neighborhood. ·The letter stated that local schools already divert neighborhood children to other schools. ·The letter stated that the proposed change is incongruent with the General Plan and could be considered spot zoning. The neighbor was informed that an Initial Study would be required to be prepared,and that a TIS was not required.In review of the concerns raised,as described in the Traffic Analysis section above,no quantitative evidence has demonstrated that there is a potential impact to traffic as a result of the proposed project.The Clovis Unified School District reviewed the application and provided comments which are included in the Conditions of Approval (Exhibit E)of the project.The comment letter indicated that the nearest elementary,intermediate,and high schools have capacity,however, because of projected growth in the District and the Districts plans for construction of new facilities,it’s possible that adjustment of school attendance areas could occur in the future and that students may be required to attend an elementary school other than Maple Creek Elementary,and students in the project area may attend more than one elementary school during their elementary school years.The letter also identified facilities fees that the project will be required to contribute.Further,as demonstrated in the Land Use Plans and Policies section above,the General Plan provides numerous policies supporting a diverse range of housing types throughout the city. Council District Project Committee Review On February 6,2023,the Council District 6 Project Review Committee reviewed this project.The applicant presented the project and was available to answer any questions from the committee or public in attendance.Three members of the project participated and expressed concerns with the project’s impact to traffic on the neighborhood.A letter dated February 1,2022 was received in opposition to the project, which was also provided to the committee (Exhibit G). The members of the public participating in the meeting requested that in order to avoid a perceived traffic impact as a result of the project,off-site improvements should be constructed along the entirety of North Chestnut Avenue between Shepherd and Teague Avenues prior to any additional projects approved along the frontage,in order to avoid a bottleneck by existing development remaining with only a single southbound lane. The proposed project is required based on Department of Public Works conditions to construct off- site improvements adjacent to the proposed project which include increasing the right of way to include construction of two southbound lanes,curb,gutter,and sidewalk.The existing property located to the south (Youth for Christ Center)currently provides a single lane along its frontage. Continuing south,the next two adjacent parcels were recently approved for a 27-lot subdivision of single family homes which will also be required to install off-site improvements which include two southbound lanes. The committee voted on a motion (2-5-2)to recommend approval of the project with the condition that the City requires the southern neighboring property owner to construct off-site improvements and construct a second southbound lane consistent with the off-site construction requirements required of the subject property,with the intent to prevent an assumed bottleneck caused by the neighboring property remaining unimproved with a single lane.The motion did not pass;therefore,the committee did not provide a recommendation to approve this project. City of Fresno Printed on 5/12/2023Page 12 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: Notice of City Council Hearing In accordance with Section 15-5007 of the FMC,the Planning and Development Department mailed notices of this public hearing to surrounding property owners within 1,000 feet of the subject property on April 28, 2023 (Exhibit H). ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration.The environmental analysis contained in the Initial Study is tiered from the PEIR State Clearinghouse No.2019050005 prepared for the Fresno General Plan pursuant to CEQA Guidelines §15152 and incorporates the PEIR by reference pursuant to CEQA Guidelines § 15150. Pursuant to the California Public Resources Code (PRC)§§21093 and 21094 and California Environmental Quality Act (CEQA)Guidelines §§15070 to 15075,15150,and 15152,this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment,which was not previously examined in the PEIR.After conducting a review of the adequacy of the PEIR pursuant to PRC §21157.6(b)(1)and CEQA Guidelines §§15151 and 15179(b),the Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/Initial Study Checklist,its associated narrative,technical studies,and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the project application and its related environmental assessment application,responses to requests for comment,checklist,Initial Study narrative,and any attachments thereto,combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activities and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. With mitigation imposed under the PEIR and project specific mitigation,there is no substantial evidence in the record that this project may have additional significant,direct,indirect,or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no newCity of Fresno Printed on 5/12/2023Page 13 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/Initial Study Checklist,it was determined that there are project specific foreseeable impacts which require project level mitigation measures. The Initial Study has concluded that the proposed project will not result in any adverse effects,which fall within the "Mandatory Findings of Significance"contained in §15065 of the State CEQA Guidelines.The finding is,therefore,that the proposed project will not have a significant adverse effect on the environment. Public notice has been provided regarding the staff’s finding in the manner prescribed by §15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions). Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). A public notice for the attached Mitigated Negative Declaration for Environmental Assessment Application No.P22-01086/P21-06232 (Exhibit I)was published in the Fresno Bee on March 28, 2023.Any interested person had until April 18,2023,to provide comments on the Initial Study,prior to adoption by City Council. No comments were received. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,the staff concludes that the required findings of Sections 15- 5206 (Development Permit Findings)and 15-5812 (Plan Amendment and Rezone Findings)of the Fresno Municipal Code can be made. These findings are attached as Exhibit K. LOCAL PREFERENCE Local preference was not considered because the project does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant has paid to the City a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Planning and Development Department. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Woodward Park Community Plan;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentiallyCity of Fresno Printed on 5/12/2023Page 14 of 15 powered by Legistar™ File #:ID 23-643 Agenda Date:5/11/2023 Agenda #: compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment and concludes that the required findings contained within Sections 15-5812 and 15-5206 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed Plan Amendment and Rezone Application No.P22-01086 and related Development Permit Application No.P21-06232 are appropriate for the subject property. ATTACHMENTS: Exhibit A - Vicinity Map & Aerial Photograph Exhibit B - Planned Land Use & Zoning Map Exhibit C - Operational Statement Exhibit D - Exhibits (Site Plan, Elevations, Floor Plans, and Landscape Plan) Exhibit E - Conditions of Approval dated April 5, 2023 Exhibit F - Neighborhood Meeting Information Exhibit G - Comment Letters Exhibit H - Public Hearing Notice & Noticing Map Exhibit I - Environmental Assessment P22-01086/P21-06232 dated March 28, 2023 Exhibit J - Additional Studies (Trip Generation, Noise, & Biological Resource Assessment) Exhibit K - Fresno Municipal Code Findings Exhibit L - Proposed Land Use Exhibit Exhibit M - Proposed Rezone Exhibit Exhibit N - Letter Received dated April 3, 2023 Exhibit O - Planning Commission Resolutions No. 13796, 13797, and 13798 Exhibit P - City Council Resolution for Plan Amendment No. P22-01086 Exhibit Q - City Council Ordinance Bill for Rezone Application No. P22-01086 Exhibit R - PowerPoint Presentation City of Fresno Printed on 5/12/2023Page 15 of 15 powered by Legistar™ Exhibit A – Vicinity Map & Aerial Photograph Exhibit B – Planned Land Use and Zoning Map Exhibit C – Operational Statement Planning & Development Department Development Services Division 2600 Fresno Street, Third Floor, Room 3043 Fresno, CA 93721-3604 Operational Statement Form Please use this form to clearly explain the proposed project. This information will assist all individuals, departments and agencies in their review and drafting of comments, conditions, suggestions or recommendations. The goal is to facilitate an accurate and complete description of your project in order to avoid unnecessary delays in gathering additional information. If you have any questions about the requested information, please call Development Services at (559) 621-8277. Note: If the Operational Statement is not submitted or if the submittal is illegible, unclear or incomplete, the review of your project will not be accepted for processing. is being submitted by of on behalf of and pertains to acres of property located at APN: and is zoned with a planned land use of The applicant is requesting authorization to: The proposed development will consist of The existing site currently consists of with existing parking spaces. The proposed hours of operation are from to on Other facts pertinent to this project are as follows: 1.Project Narrative: (communicate in detail all characteristics of your project; provide as much detail as possible; include basic information such as applicant/project name, business, product or service, anticipated traffic- customers, deliveries, etc., any special events, number of employees, required equipment, on-site storage, demolition or adaptive reuse of existing structures, noise generation, any hazardous materials, etc.) Project Description: Plan Ammendment - Rezone Application No. P22-01086 Joe Bashore Soar Environmental John Ashley 2.11 8715 N. Chestnut Avenue 403-532-28 RS-4 Medium High Density Residential See Attached See Attached Vacant 0 N/A N/A N/A See Attached. Rezone Application Operational Statement The applicant proposes to construct a 32-unit multifamily apartment complex at 8715 N. Chestnut Avenue, Clovis, CA 93619. APN 403-532-28. The 2.11-acre rectangular property is zoned as RS-4 and would require a rezone to RM-1. Land Use designation of the parcel is Medium-Low Density. The parcel is within the Community Plan Area of Woodward Park. The existing zoning limits the number of dwelling units on the property. A rezone would create additional housing opportunities for the residents of Fresno. This proposal would be advantageous to the surrounding neighborhood by creating a diversity of housing options. The design and features of the Project would complement the existing aesthetic of the neighborhood. This would help implement Fresno General Plan goal 8: “Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.” The Project would replace an existing vacant lot with a 32-unit apartment complex. This change would create uniformity with surrounding parcels. The Project would help implement the Fresno General plan by creating access to housing within the City. The 32 dwelling units on the 2.11-acre site gives the proposed project a density of 15.16 DU/NA. In total, all proposed roofed structures would cover approximately 0.71-acre of the 2.11-acre site. The dwelling units would be constructed with setbacks of 20 ft from the property line in the front and the rear, and 5 ft on each side. The dwelling units would consist of four (4) main buildings divided into eight (8) apartments, respectively. Two (2) apartment buildings would be located on the northwestern portion of the property, while two (2) apartment buildings, a swimming pool, Leasing office, and Manager’s office would be located on the southeastern portion of the property. The northeastern and southwestern portions of the property would be used for both carport and uncovered parking. Parking for the proposed project includes seventy-nine (79) total spaces. These parking spaces include forty-two (42) carport spaces and thirty-seven (37) uncovered spaces. Accessible parking spaces include two (2) carport spaces and three (3) uncovered spaces. Parking for electric vehicles includes ten (10) carport spaces and six (6) uncovered spaces. Two (2) spaces would be used for bicycle parking. The property would be landscaped with various trees, shrubs, and other vegetation. The proposed project includes thirteen (13) large trees and nineteen (19) small trees. These trees would provide approximately 18,000 square feet (sq ft) of shade. Security at the project site would include a six ft high block wall around perimeter of project as well as an automatic front gate with call box. The proposed project would also include the following: • Community patio and pool deck area • Solar carports • Multiple trash enclosures • Storage enclosure Hours of operation for the proposed project would be normal business hours for the Manager’s and Leasing Offices. Employees on-site would include a property manager and a maintenance worker. Any impacts to surrounding properties related to construction such as noise or dust would be temporary and take place during daytime hours. Long term impacts of the proposed residences would be minimal and would comply with all applicable codes and ordinances. Exhibit D – Exhibits (Site Plan, Elevations, Floor Plans, and Landscape Plan) SHEETDATEJOB NO.SCALEFRESNO/NEWBURY LP.10 / 3 / 2020Villa Di Ubaldo PO BOX 925 MADERA, CA 93639 Email: villadiubaldo@hotmail.com Architecture, Engineering & Development Tel. (559) 871-5534Ubaldo Garcia Hernandez Architect Lic. No. C-35319ARNO. C35319REN. 11/30/2021ACHICTETDESNIL C E IHEANNREZDCRAGDL O BUA LAI O F IA N RCOFT AETSOWNER/BUILDER: 1554 SHAW AVENUE CLOVIS, CA 93611 Phone: (559) 765-4603 EMAIL: johnashley1@yahoo.com FRESNO/NEWBURY LP.REVISIONS:1" = 20'-0"A1.1Proposed Site PlanPROJECT SITE8715 N. CHESTNUT AVE.KEY NOTES:E. SHEPHERD AVE.E. TEAGUE AVE. N. MAPLE AVE.E. COLE AVE.E. WARWICK AVE.E. POWERS AVE. N. CHESTNUT AVE.E. NEES AVE. 1/4" = 1'-0"A5.0Exterior Elevations SHEETDATEJOB NO.SCALEFRESNO/NEWBURY LP.10 / 3 / 2020Villa Di Ubaldo PO BOX 925 MADERA, CA 93639 Email:villadiubaldo@hotmail.com Architecture, Engineering & Development Tel.(559) 871-5534Ubaldo Garcia Hernandez Architect Lic. No. C-35319ARNO. C35319REN. 11/30/2021ACHICTETDESNIL C E IHEANNREZDCRAGDL O BUA LAI O F IA N RCOFT AETSOWNER/BUILDER: 1554 SHAW AVENUE CLOVIS, CA 93611 Phone: (559) 765-4603 EMAIL: johnashley1@yahoo.com FRESNO/NEWBURY LP.REVISIONS:Front & Rear ElevationSide Elevations 1/4" = 1'-0"A5.1Community Building & Storage Exterior Elevations SHEETDATEJOB NO.SCALEFRESNO/NEWBURY LP.10 / 3 / 2020Villa Di Ubaldo PO BOX 925 MADERA, CA 93639 Email: villadiubaldo@hotmail.com Architecture, Engineering & Development Tel. (559) 871-5534Ubaldo Garcia Hernandez Architect Lic. No. C-35319ARNO. C35319REN. 11/30/2021ACHICTETDESNIL C E IHEANNREZDCRAGDL O BUA LAI O F IA N RCOFT AETSOWNER/BUILDER: 1554 SHAW AVENUE CLOVIS, CA 93611 Phone: (559) 765-4603 EMAIL: johnashley1@yahoo.com FRESNO/NEWBURY LP.REVISIONS:NewburyApartments(559) 555-5555Left Side ElevationFront ElevationRear ElevationRight Side ElevationStorage Left ElevationStorage Front ElevationRight Side & Rear Elevation A3.11st Floor Plan1/4" = 1'-0"SHEETDATEJOB NO.SCALEFRESNO/NEWBURY LP.10 / 3 / 2020Villa Di Ubaldo PO BOX 925 MADERA, CA 93639 Email: villadiubaldo@hotmail.com Architecture, Engineering & Development Tel. (559) 871-5534Ubaldo Garcia Hernandez Architect Lic. No. C-35319ARNO. C35319REN. 11/30/2021ACHICTETDESNIL C E IHEANNREZDCRAGDL O BUA LAI O F IA N RCOFT AETSOWNER/BUILDER: 1554 SHAW AVENUE CLOVIS, CA 93611 Phone: (559) 765-4603 EMAIL: johnashley1@yahoo.com FRESNO/NEWBURY LP.REVISIONS:Bed 1PatioKitchenDiningLivingCL.PorchCL.1/2 BathBath 2Bed 2Bath 1Unit 1A2 Bed - 2.5 BathBed 1PatioKitchenDiningLivingCL.PorchCL.1/2 BathBath 2Bed 2Bath 1Unit 1D2 Bed - 2.5 BathBed 1PatioKitchenDiningLivingCL.PorchCL.1/2 BathBath 2Bed 2Bath 1Unit 1B2 Bed - 2.5 BathBed 1PatioKitchenDiningLivingCL.PorchCL.1/2 BathBath 2Bed 2Bath 1Unit 1C2 Bed - 2.5 BathFire SprinklerCabinet A3.22nd Floor Plan1/4" = 1'-0"SHEETDATEJOB NO.SCALEFRESNO/NEWBURY LP.10 / 3 / 2020Villa Di Ubaldo PO BOX 925 MADERA, CA 93639 Email: villadiubaldo@hotmail.com Architecture, Engineering & Development Tel. (559) 871-5534Ubaldo Garcia Hernandez Architect Lic. No. C-35319ARNO. C35319REN. 11/30/2021ACHICTETDESNIL C E IHEANNREZDCRAGDL O BUA LAI O F IA N RCOFT AETSOWNER/BUILDER: 1554 SHAW AVENUE CLOVIS, CA 93611 Phone: (559) 765-4603 EMAIL: johnashley1@yahoo.com FRESNO/NEWBURY LP.REVISIONS:Bed 1PatioKitchenDiningLivingCL.PorchCL.1/2 BathBath 2Bed 2Bath 1Unit 2A2 Bed - 2.5 BathPatioKitchenDiningLivingPorchUnit 2D2 Bed - 2.5 BathPatioDiningLivingPorchUnit 2B2 Bed - 2.5 BathPatioKitchenDiningLivingPorchUnit 2C2 Bed - 2.5 BathBed 1CL.CL.1/2 BathBath 2Bed 2Bath 1Bed 1CL.CL.1/2 BathBath 2Bed 2Bath 1Bed 1CL.CL.1/2 BathBath 2Bed 2Bath 1 A3.3Community Building & Storage Floor Plan 1/4" = 1'-0"SHEETDATEJOB NO.SCALEFRESNO/NEWBURY LP.10 / 3 / 2020Villa Di Ubaldo PO BOX 925 MADERA, CA 93639 Email:villadiubaldo@hotmail.com Architecture, Engineering & Development Tel.(559) 871-5534Ubaldo Garcia Hernandez Architect Lic. No. C-35319ARNO. C35319REN. 11/30/2021ACHICTETDESNIL C E IHEANNREZDCRAGDL O BUA LAI O F IA N RCOFT AETSOWNER/BUILDER: 1554 SHAW AVENUE CLOVIS, CA 93611 Phone: (559) 765-4603 EMAIL: johnashley1@yahoo.com FRESNO/NEWBURY LP.REVISIONS:Community Building Floor Plan Storage Floor Plan StorageReception OfficeUnisexUnisexUnisexStorageStorageOpen OfficePool Rm.PatioFacade 8715 N. CHESTNUT AVE 03/15/2022NO.C35319REN.11/30/20211"=20'-0"ConceptualLandscapePlan Exhibit E – Conditions of Approval dated April 5, 2023 2600 Fresno Street, Third Floor Planning and Development Department Fresno, California 93721-3604 Jennifer K. Clark, AICP, Director (559) 621-8277 FAX (559) 498-1026 April 5, 2023, Please reply to: Thomas Veatch (559) 621-8076 John Ashley Fresno/Newbury LP Johnashley1@yahoo.com (Sent via email only) SUBJECT: DEVELOPMENT PERMIT APPLICATION NO. P21-06232 FOR PROPERTY LOCATED AT 8715 NORTH CHESTNUT AVENUE (APN: 403-532-28) PROJECT DESCRIPTION Development Permit Application No. P21-06232 was filed by John Ashley of Fresno/Newbury LP and pertains to ±2.20 acres of property generally located on the west side of North Chestnut Avenue between the intersections of East Shepherd and East Teague Avenues, at 8175 North Chestnut Avenue (APN: 403-532-28). The applicant proposes a 32-unit apartment complex consisting of four (4) 5,750 square foot two-story buildings and a 1,069 sq foot leasing and managers office on a vacant parcel. In addition, on and off-site improvements are proposed including but not limited to a new drive approach, 79 new parking stalls, pool, trash enclosures, landscaping, curb, gutter, and sidewalks. The property is zoned RS-4 (Residential Single Family, Medium Low Density). Related General Plan Amendment/Rezone Application P22- 01086 is proposed to rezone the property to RM-1 (Residential Multi-family - Medium High Density) to accommodate the project. CONDITIONS OF APPROVAL PART A – ITEMS TO BE COMPLETED The following items are required before issuance of building permits or final inspection: Planner to check when completed 1. Development and operations shall take place in accordance with Exhibit A dated August 19, 2022, and Exhibits E-1, E-2, F-1, F-2, F-3 and L dated August 30, 2022. Revise and transfer all comments or corrections to plan exhibits and upload to the related compliance record before issuance of building permits (see directions below). 2. Pursuant to Section 15-2015-B-2-c, exterior lighting with an intensity of at least 0.25 foot-candles at the ground level shall be provided for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination. 3. Revise Site Plan, Elevations, and Floor Plans to comply with provisions of Section 15-1004-A (Residential Transition Standards). Provide screening Development Permit Application No. P21-06232 April 5, 2023 Page 2 of 6 measures between subject property and single family home parcels on the eastern and southern property borders. Revise operational statement to provide a narrative description of how corrected exhibits meet Section 15- 1004-A-4 (Screening). 4. The required Type 1 Landscape Buffer on the western and southern property lines shall be planted and maintained in accordance with Table 15-2305-C-2 of the FMC. 5. Revise Site Plan, Elevations, and Landscape Plans to comply with Section 15-1004-E (Pedestrian Access). Revise operational statement to provide a narrative description of how the project meets either the Flexibility or Certainty option. 6. All parking lots and garages shall be illuminated with a minimum of 0.5 foot- candle of light in accordance with Section 15-2420-B . 7. Provide lighting plan that demonstrates compliance with Section 15-2015 (Outdoor lighting and illumination). Revise Operational Statement to provide narrative description of how project meets requirements of Section 15-2015- 8 (Light Trespass) and Section 15-2508 (Lighting and Glare). 8. Proposed screen walls on southern property line and existing screen wall on northern and western property lines shall be constructed and maintained in accordance with the standards and provisions of Sections 15-200-D and 15- 2008 of the FMC. 9. Pursuant to FMC Section 15-2006-L-3, incorporate decorative pilasters with decorative caps spaced no more than 30 feet apart into wrought iron fencing along street frontages. 10. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from major streets, highways, passenger railways, or abutting Residential Districts. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Above grade equipment by Public Utility providers may be permitted within easements. 11. All parking areas shall be developed and maintained in accordance with Article 24 of the Citywide Development Code. 12. Provide elevation plans for proposed carports. Carport materials, color, and design shall be similar to features of the proposed buildings and be of a complementary. 13. The proposed use and operation shall comply with Article 25 - Performance Standards contained in the FMC. Add note to revised site plan. 14. Pay applicable Regional Transportation Mitigation Fee (RTMF), Traffic Signal Mitigation Impact (TSMI) Fee, and Fresno Major Street Impact (FMSI) Fee prior to issuance of building permits. Development Permit Application No. P21-06232 April 5, 2023 Page 3 of 6 15. Provide Irrigation plans for landscaping plan. 16. Landscaping must be in place before issuance and final inspection. A Hold on final inspection shall be placed on the proposed improvements until landscaping has been approved and verified for proper installation by the Planning Division. Include this note on the site plan and landscape plan. 17. Prior to final inspection, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division (Include this note on the site and landscape plans). PART B – OTHER AGENCY COMMENTS AND CONDITIONS REQUIREMENTS Planner to check when completed 1. Air District: Comply with the requirements outlined in the attached air district letter dated September 21, 2022. 2. Building and Safety Division: The following items require a separate process with additional fees and timelines, in addition to the Development Permit Application process. 1. Building, Grading and Utility plans are required to be submitted to Building and Safety Services Division for approval and permits for the proposed project. • Verify permanent drainage facilities are provided by Fresno Metropolitan Flood Control District (FMFCD). Contact Jason Clark at (559) 456-3292 for additional information. • Solar Support Structures over parking shall meet all requirements of City of Fresno Industry Bulletin 20-01. Document has been uploaded to application #P22-01086. • Construction documents shall be designed, stamped and signed by a licensed professional (Architect/Engineer). • Construction documents shall clearly identify if this project is privately or publicly funded on the cover sheet. • • Construction documents shall show compliance with CBC chapter 11A and/or chapter 11B as applicable (based on project funding). 3. Department of Public Utilities (Sewer, Solid Waste, Water): Please reference the attached memoranda dated September 16, 2022. 4. Fire Department: All back checks are performed electronically through the Accela Program (FAASTER portal). You must submit the following documentation to the Building Department: 1) Provide copy of the original submittals (drawings, calculations, and supporting documents) including mark-ups from the plan reviewers who worked on your documents. 2) Provide a complete set of revised drawings, calculations, and supporting documents addressing plan check comments (all changes shall be clouded). 3) Provide a detailed typed response to each item listed in the Development Permit Application No. P21-06232 April 5, 2023 Page 4 of 6 plan check correction comments document. If you have additional questions regarding back check submittals, please contact the Building Department. All revisions to plans shall be called out with a cloud or delta. If you have questions and would like more information regarding FFD Development Policies please see the following: https://www.fresno.gov/fire- training/manuals-and-forms/ This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. 1. Note on plan per DRC letter: Required fire hydrant installations and all weather access roads shall be installed and maintained in a serviceable condition prior to delivery of combustible material to the job site. 03.002) 2. Note and show on plan: Show the location of the fire department connection. Fire department connections shall not be installed within five (5) feet of any building opening, excluding a fire department riser access door. (FFD Development Policy 405.025) Per DRC letter, a location was suggested and called out on the red lines for the location of the fire department connection; however, it isn't shown on the plan. 3. Note on plan: Fire department connections shall be located within forty (40) feet of a fire apparatus access lane. (FFD Development Policy 405.025) 4. Note on plan: The minimum size of all fire department connections shall be based upon the system type. No connection shall be less than 2½ inch in size. (FFD Development Policy 405.025) 5. Note on plan: Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire chief. 2019 CFC, Section 912.2.1. 6. Note on plan: Address Identification. For new and existing buildings, the fire code official is authorized to require approved address or building area identification signage as needed to readily determine the building or area of a building protected by fire department connections. FMC Section 10- 50912.2.3 7. Note on plan: All gated residential developments require a “Click to Development Permit Application No. P21-06232 April 5, 2023 Page 5 of 6 Enter” system. When required, provide an approved visual recognition/feature sign at the “click to Enter” gate locations. 8. Note on plan: Provide approved police/fire bypass lock (“Best” padlock model 21B700 series or electric cylinder switch model 1W7B2) on drive access gate(s). All electrified gates shall be equipped with the Best electric cylinder lock 1W7B2. A Knox padlock may not be used in place of the Best padlock model 21B700. These locks can be purchased only through Sierra Lock & Glass, 1560 N. Palm Avenue, Fresno, CA 93728. 9. Note on plan: Required fire apparatus access lanes shall be provided year round and maintained with an approved all-weather surface, capable of supporting 80,000-pound vehicles. The fire apparatus access lanes shall be a minimum of 4-inch base rock over compacted or undisturbed native soil or per approved engineering plans with a minimum of 24 feet of clear width or other approved method, which would prevent shoulder degradation. (FFD Development Policy 403.002). 10. Note on plan: All types of vehicle access shall maintain a minimum of 13 feet, 6 inch vertical clearance over the entire width of the access. (FFD Development Policy 403.002) 11. Note on plan: Overhead utility, power lines, large trees, and other obstructions shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. (FFD Development Policy 403.002) 12. Note and show location on plan for the gate located on the west side of the complex: Emergency access gates across entrances that have been designed for use by fire and police personnel only shall be designated on the properties site plan prior to construction of the complex. (FFD Development Policy 403.005) The sign below is required on both sides of the gate: “FIRE LANE” (in 6 inch letters) “VEHICLES REMOVED AT OWNER’S EXPENSE” (in 2 inch letters) “FRESNO POLICE DEPARTMENT @ (559) 621-7000” (in 1 inch letters) 13. Clarify the width of the drive on the west end of the complex as it is currently shown as 17' on the site plan. 14. Note on plan: Buildings and exterior storage areas over 450 feet in depth or width, but less than 650 feet in depth or width, may be allowed to have a single point of access with approved turnarounds complying with FFD policy 403.002. (FFD Development Policy 403.002) 15. Clarify the width at the base of the T-turnaround as a measurement is not indicated on the plan. 16. Note on plan: Regardless of parking configurations, a minimum clear drive width of 20 feet shall be required. The Fire Marshal (or designee) may Development Permit Application No. P21-06232 April 5, 2023 Page 6 of 6 require increases in these widths. (FFD Development Policy 403.002) 17. Note and show on plan: Loading zones shall not be located in required fire lanes. Currently, the plan indicates the fire lane in front of trash enclosures which are also labeled as loading zones. Additional requirements or comments may be required upon resubmittal review. 5. Flood Control: Comply with the attached memoranda submitted by the Fresno Metropolitan Flood Control District dated September 20, 2022 and October 6, 2022. Pay the NOR Review fee prior to the issuance of building permits. 6. Fresno County Environmental Health: Recommended Conditions of Approval: • Construction permits for the proposed development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. • Construction permits for the proposed development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447- 3300. • Due to the location, the proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code. • Prior to the issuance of building permits, the applicant shall submit complete pool facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Recreational Health Program at (559) 600-3357 for more information. • Prior to operation, the applicant shall apply for and obtain a permit to operate a public swimming pool from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Recreational Health Program at (559) 600- 3357 for more information. • Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/). Contact the Development Permit Application No. P21-06232 April 5, 2023 Page 7 of 6 Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. • Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information. The following comments pertain to the demolition/remodel of existing structure(s): • Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure in order to prevent the spread of vectors to adjacent properties. • In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. • If the structure(s) were constructed prior to 1979 or if lead-based paint is suspected to have been used in the structure(s), then prior to demolishing work the contractor should contact the following agencies for current regulations and requirements: • California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (560) 620-5600. • United States Environmental Protection Agency, Region 9, at (415) 947-8000. • State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302. 7. Department of Public Works (Street Maintenance): Comply with the requirements listed in the attached letter dated September 19, 2022. 8. Clovis Unified School District: Comply with the requirements listed in the attached letter dated September 20, 2022. Development Permit Application No. P21-06232 April 5, 2023 Page 8 of 6 9. Department of Public Works (Traffic):Comply with Public Works Traffic Planning conditions of approval and redlined Exhibits A, Check Print 1 dated September 21, 2022. For questions, please contact Louise Gilio at Louise.Gilio@fresno.gov or at (559) 621-8806. 10. Development and Impact Fee Estimate Comply with fee estimate memo dated September 19, 2022. 11. Fresno Irrigation District. Comply with FID memo dated September 2, 2022. 12. Department of Public Works. Comply with DPW street tree and landscaping comment memo dated August 30, 2022. PART C – PLANNING DEVELOPMENT CODE STANDARDS 1. Density and Intensity Standards: Compliance with the conditions of approval included in Parts A and B above will result in modifications to the proposed site plan. Should corrections or revisions result in changes to the overall site plan configuration, development shall take place in accordance with FMC Tables 15-1003 (Intensity and Massing Development Standards-Residential Districts) 2. General Site Regulations: Compliance with the conditions of approval included in Parts A and B above will result in a modification to the proposed site plan. Should corrections or revisions result in changes to the site plan configuration, development shall follow FMC Section 15 Article 20 (General Site Regulations). 3. Site Design: Compliance with the conditions of approval included in Parts A and B above will result in a modification to the proposed site plan. Should corrections or revisions result in changes to the site plan configuration, development shall follow FMC Section 15-1004 (Site Development Standards). 4. Parking and Loading: All parking shall be provided in accordance with the City of Fresno Parking Manual and per Article 24 of the FMC. 5. Landscaping: All landscaping shall be provided and maintained in accordance with Article 23 of the FMC. 6. Façade: Development shall comply with the façade design development standard under FMC Sections 15-1005. 7. Fencing: All Fencing, Walls, and Hedges shall be provided and installed per FMC Section 15-2006. 8. Special use Requirements: Not applicable. Development Permit Application No. P21-06232 April 5, 2023 Page 9 of 6 PART D – PLANNING – OTHER REQUIREMENTS 1. The development shall follow the policies of the Fresno General plan, Woodward Park Community Plan, and the proposed residential multi-family medium high density planned land use designation. 2. The development shall follow the RM-1 (Residential Multi-family, Medium High Density) zone district and all other applicable sections of the Citywide Development Code, Chapter 15 of the Fresno Municipal Code (FMC). 3. Comply with the operational statement submitted for the proposed project dated August 30 2022. 4. The development shall comply with the City of Fresno Parking Manual, California Building Code, and American Disabilities Act requirements. 5. The development shall take place in accordance with the "General Notes and Requirements for Entitlement Applications" listed below if applicable Property development standards and operational conditions are contained in Articles 10 (Residential Multi-family Districts), 20 (General Site Requirements), 23 (Landscape), 24 (Parking and Loading), and 25 (Performance Standards). Any project revisions, development, and operation must comply with these property development standards and operational conditions. PART E - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS Not all notes and requirements listed below are applicable to all projects. 1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. 2. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: Development Permit Application No. P21-06232 April 5, 2023 Page 10 of 6 a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, c. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. 3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. 4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department. 5. Development shall take place in accordance with all city, county, state and federal laws and regulations. 6. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Business Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621-6880 for more information. Information and an application form is available at the following website: Click Here 7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards. 8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit. 9. A permit granted under the Fresno Municipal Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15-5013, Expiration of Planning Entitlements, for more information about the exercise of rights. FENCES/WALLS, LANDSCAPING, PARKING 10. Nothing in the Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code. 11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation. Development Permit Application No. P21-06232 April 5, 2023 Page 11 of 6 12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences shall be maintained and shall stand upright and shall not lean. 13. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height. 14. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended. 15. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree. 16. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied. 17. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met: a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal. b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s). Development Permit Application No. P21-06232 April 5, 2023 Page 12 of 6 18. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Current Planning Division. (Include this note on the landscape plan.) 19. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided. 20. Trees required for parking lots are in addition to trees required elsewhere on the site as prescribed in other sections of the Fresno Municipal Code. 21. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. 22. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. 23. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Fresno Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) 24. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.) 25. All general standards of Section 15-2015 of the Fresno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan. 26. Bicycle parking spaces shall be supplied according to Table 15-2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code. Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessible without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five-foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures. 27. All general provisions of Section 15-2403 of the Fresno Municipal Code shall apply to all parking areas. Development Permit Application No. P21-06232 April 5, 2023 Page 13 of 6 28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P-21, P-22, and P-23) and Specifications. Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Department’s minimum turning templates. Contact the Planning and Development Department for Parking Manual questions. SIGNAGE 29. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including materials, design, and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment. 30. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.) 31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at: Click Here 32. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area. 33. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non-Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year. 34. Every sign displayed within the City, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. MISCELLANEOUS 35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the Fresno Municipal Code at any time, measured at the nearest subject property line. 36. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Development Permit Application No. P21-06232 April 5, 2023 Page 14 of 6 37. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public streetlights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot-candle. 38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties. 39. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses'. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not 'Official Addresses'. 40. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, Fresno Municipal Code Chapter 6, Article 7 (Sections 6-701 et seq.) When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445-6281 regarding the required NOI and stormwater discharge permit. Additional information on California's construction stormwater regulation may be obtained from the Water Board via the internet: www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml Helpful information for preparing and implementing stormwater pollution prevention plans may also be obtained from the California Stormwater Quality Association via its website, www.casqa.org When a project involves specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website: www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml, Development Permit Application No. P21-06232 April 5, 2023 Page 15 of 6 The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities (www.casqa.org). 41. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations. 42. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 43. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 44. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) 45. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply. 46. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities. 47. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at the time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8797. 48. Open street cuts are not permitted; all utility connections must be bored. 49. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621-5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy. 50. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on-site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development when a submittal for building plan review is made as required Development Permit Application No. P21-06232 April 5, 2023 Page 16 of 6 by the California Building Code by the architect or engineer of record for the building. 51. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storage areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operational statement. If it is not, it is not allowed on the site. 52. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance. FEES (Not all fees will be applicable to all projects. Please reach out to Frank Saburit at (559) 621-8797 for fee questions.) 53. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. 54. CITYWIDE DEVELOPMENT IMPACT FEES a) Traffic Signal Charge (Fresno Municipal Code Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at the time of building permit. b) Fire Facilities Fee (Fresno Municipal Code Section 12-4.901 to 12-4.906) (based on building square footage, or residential units) c) Police Facilities Fee (Fresno Municipal Code Section 12-4.801 to 12-4.806) (based on building square footage, or residential units). d) Parks Facilities Fee (Fresno Municipal Code Section 12-4.701 to 12-4.706) (based on the number of residential units) 55. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (Fresno Municipal Code Section 12-4.1006). a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law. Development Permit Application No. P21-06232 April 5, 2023 Page 17 of 6 b) Street Impact Fees will be a condition on all development entitlements granted. 56. FRESNO COUNTY FACILITY IMPACT FEE Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project, or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits. 57. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF) Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy. 58. SCHOOL FEES School fees must be paid, if required, prior to the issuance of building permits. Contact the applicable school district to obtain fee amount. Provide proof of payment (or no fee required) prior to the issuance of building permits. 59. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for the review of proposed development projects, including applications for plan amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact the FMFCD at (559) 456-3292. b) FMFCD drainage fees are due, if required, prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance. Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new project must be satisfied by the developer of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits. 60. SEWER CONNECTION CHARGES (Fresno Municipal Code Section 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’) c) Wastewater Facilities Charge d) Trunk Sewer Charge Development Permit Application No. P21-06232 April 5, 2023 Page 18 of 6 Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600. 61. WATER CONNECTION CHARGES: (Fresno Municipal Code Sections 6-507 to 6-513). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. a) Frontage Charge (based on property frontage) b) Service Charges (based on service size required by applicant) c) Meter Charges (based on service need) d) Water Capacity fee (based on size of meter) 62. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19. PUBLIC WORKS DEPARTMENT GENERAL NOTES (to be added to the site plan) 63. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California. 64. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. 65. Two working days before commencing excavation operations within the street right-of-way and/or utility easements, all existing underground facilities shall have been located by underground services. 66. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy. 67. Contact the Public Works Department, Traffic Engineering at (559) 621-8800, 10 working days prior to any off-site concrete construction. 68. For Standard Drawings Click Here 69. For Traffic Planning's website with useful links, additional notes, a sample of legend, Parking Manual and Traffic Study Checklist Click Here. 70. Traffic Planning Checklist Click Here. 71. For Traffic Study questions please contact Jill Gormley at (559) 621-8792 or via email at Jill.Gormley@fresno.gov. September 21, 2022 Thomas Veatch City of Fresno Planning and Development Department 2600 Fresno Street, Room 3065 Fresno, CA, 93721 Project: P22-01086 8715 North Chestnut Residential District CEQA Reference No: 20221214 Dear Mr. Veatch: The San Joaquin Valley Air Pollution Control District (District) has reviewed the General Plan Amendment (GPA) and Rezone from the City of Fresno (City) for the 8715 N. Chestnut residential project. Per the GPA/Rezone, the project consists of a GPA/Rezone to allow for the construction of a 32 unit apartment complex (Project). The Project is located at 8715 N. Chestnut Avenue, Fresno, CA, 93619. The District offers the following comments regarding the Project: Project Related Emissions At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, PM2.5 standards. Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI): https://www.valleyair.org/transportation/GAMAQI.pdf. San Joaquin Valley Air Pollution Control District Page 2 of 7 District Reference No: 20221214 September 21, 2022 Construction Emissions The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. Health Risk Screening/Assessment The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions. To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health. Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks. Prioritization (Screening Health Risk Assessment): A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation. To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here: http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20221214 September 21, 2022 Health Risk Assessment: Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA. A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices. A project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency. The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review: HRA (AERMOD) modeling files HARP2 files Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies. For assistance, please contact the District’s Technical Services Department by: E-Mailing inquiries to: hramodeler@valleyair.org Calling (559) 230-5900 Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww3.arb.ca.gov/ch/handbook.pdf. Vegetative Barriers and Urban Greening There are residential units located in close proximity all around the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units). While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20221214 September 21, 2022 pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. Clean Lawn and Garden Equipment in the Community Since the Project consists of residential development, gas-powered residential lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm. On-Site Solar Deployment It is the policy of the State of California that renewable energy resources and zero- carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. Electric Vehicle Chargers To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations. Please visit www.valleyair.org/grants/chargeup.htm for more information. San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20221214 September 21, 2022 District Rules and Regulations The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes. The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888. District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT). This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. District Rule 9510 - Indirect Source Review (ISR) The District has reviewed the information provided and has determined the project size is below the District Rule 9510, section 2.1 applicability threshold of 50 units for a residential development. Therefore, District Rule 9510 requirements and related fees do not apply to the project. San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20221214 September 21, 2022 District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants) In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: http://www.valleyair.org/busind/comply/asbestosbultn.htm. District Rule 4601 (Architectural Coatings) The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at: http://www.valleyair.org/rules/currntrules/r4601.pdf District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities. Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950. The application for both the Construction Notification and Dust Control Plan can be found online at: https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx San Joaquin Valley Air Pollution Control District Page 7 of 7 District Reference No: 20221214 September 21, 2022 Information about District Regulation VIII can be found online at: http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters. Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater. Information about District Rule 4901 can be found online at: http://valleyair.org/rule4901/ Other District Rules and Regulations The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). District Comment Letter The District recommends that a copy of the District’s comments be provided to the Project proponent. If you have any questions or require further information, please contact Matt Crow by e- mail at Matt.Crow@valleyair.org or by phone at (559) 230-5931. Sincerely, Brian Clements Director of Permit Services For: Mark Montelongo Program Manager DEPARTMENT OF PUBLIC UTILITIES MEMORANDUM DATE: September 16, 2022 TO: MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning FROM: ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering KEVIN GRAY, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering SUBJECT: DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28 General Requirements 1. All Department of Public Utilities facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. 2. Street work permit is required for any work in the Right-of-Way. Water Service Requirements 1. On-site water facilities shall be private. 2. Installation of water service(s) & meter box(es) shall be required. 3. Destruct any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-81 and a 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. Water Supply Requirements 1. The existing property is currently served with one 1.5-inch water meter. a. If the total domestic, commercial, industrial and irrigation water demands for the applicant’s proposed project can be accommodated with the existing one 1.5-inch water meter, then the applicant shall not be required to pay a Water Capacity Fee Charge. MEMORANDUM MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning September 16, 2022 DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28 Page 2 of 4 b. If the total domestic, commercial, industrial and irrigation water demands for the applicant’s proposed project cannot be accommodated with the one 1.5- inch water meter, and an additional water meter or a larger water meter is required, then the applicant shall be required to pay a Water Capacity Fee Charge. c. If a larger water meter or fire service is required to accommodate the new, larger water demands, then the Water Capacity Fee Charge shall be calculated by subtracting the Water Capacity Fee Charge associated with the larger water meter size required for the applicant’s project. The Water Capacity Fee Charges for different meter sizes are published in the city’s Master Fee Schedule. d. The City reserves the right to require an applicant to increase or decrease the size of a water meter for a project to ensure that the meter is properly sized to accommodate fire protection requirements, and to allow for accurate volumetric flow measurements at low- and high-flow conditions. e. The Water Capacity Fee Charge for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued. 2. The project applicant shall be required to pay all other water-related fees and charges in accordance with the City’s Master Fee Schedule and Municipal Code. Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main located in North Chestnut Avenue. Sanitary sewer facilities are available to provide service to the site subject to the following requirements: 1. Installation of sewer house branch(s) shall be required. 2. House branch(sewer lateral) lager than 6-inch shall require a manhole connection. 3. Street work permit is required for any work in the Right-of-Way. 4. On-site sanitary sewer facilities shall be private. MEMORANDUM MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning September 16, 2022 DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28 Page 3 of 4 5. Abandon any existing on-site private septic systems. 6. The Project Developer shall contact Utility Billing and Collection Services at (559) 621-6765 prior to pulling building permits regarding conditions of service for special users. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge. 2. Sewer Oversize Area #1. 3. Sewer Facility Charge (Multi-Residential) 4. Herndon Trunk Enhancement Fee. 5. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Sections 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 6. Sewer Facility Charges are collected after occupancy on a monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at (559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charge. Solid Waste Requirements For the purpose of establishing city solid waste service policies, multi-family complexes are defined as complexes composed of three (3) dwelling units or more per parcel. These service requirements apply to all multi-family complexes within the City of Fresno. 1. Location will be serviced by Allied Waste. Please contact at 559-275-1551 or 1- 800-493-4285 for servicing. MEMORANDUM MINDI MARIBOHO – Development Services Coordinator Planning & Development Department – Current Planning September 16, 2022 DPU CONDITIONS OF APPROVAL FOR P22-01086 PROPOSED APARTMENT COMPLEX APN 403-532-28 Page 4 of 4 2. All trash bins provided to multi-family complexes must be serviced with a frequency of at least twice per week. This standard does not apply to frequency of service for recycling bins. Solid Waste bin service will be provided by the City of Fresno, per FMC 9-405. 3. All multi-family complexes are required to subscribe for recycling services, per FMC 9-405.1. Recycling services may be provided by the City of Fresno or any private recycling service provider. Recycling services must include at the minimum cardboard, newspaper, paper, glass, plastics, beverage containers, and metal recycling. 4. All trash and recyclable material must be placed in approved containers, per FMC 9-404. At no time may trash and recyclable material be placed on the ground or pavement. 5. Bin enclosures, if provided on site, must be used exclusively for the storage of trash and recycling bins, per public works standard specifications P-33 & P-34. 6. All Solid Waste and Recycling service collectively must equal or exceed a 2:1 ratio of 2 units per one cubic yard of service per week. This minimum service applies to all multi-family complexes. (i.e. 24 unit complex must have a minimum of 12 cubic yards of solid waste and recycling service per week.) 7. Service Route Permits and Location Permits are required for all private trash company service within the City of Fresno, per FMC 9-408. All private company trash service arrangements must be pre-approved through Solid Waste Management Division. 8. Developer will need to provide a 44’ (centerline) turning radius at all corners and a T-turnaround (or hammerhead) area where the solid waste vehicle is to turn around. 9. ADA requirement for multifamily residential 10. Developer shall install (or construct) a trash enclosure for the project that complies with the City’s ADA requirements as defined in the City’s standard drawings, details and specifications. The certificate of occupancy for the project shall be withheld until developer installs (constructs) the trash enclosure in accordance with the City’s ADA requirements. PROJECT NO: APN: ADDRESS: SENT: 2021-06232 8715 N. CHESTNUT AVE. 403-532-28 September 20, 2022 PUBLIC AGENCY THOMAS VEATCH DEVELOPMENT SERVICES/PLANNING CITY OF FRESNO 2600 FRESNO STREET, THIRD FLOOR FRESNO, CA 93721-3604 DEVELOPER JOHN ASHLEY, FRESNO/NEWBURY LP 1554 SHAW AVE. CLOVIS, CA 93611 Drainage Area(s)Preliminary Fee(s) CX $9,228.00 Development Review Service Charge(s)Fee(s) NOR Review $78.00 To be paid prior to release of District comments to Public Agency and Developer. Grading Plan Review $399.00 Amount to be submitted with first grading plan submittal. Total Drainage Fee: $9,228.00 Total Service Charge: $477.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. Pursuant to the District’s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District’s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 2/28/23 based on the site plan submitted to the District on 8/30/22 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a.)Fees related to undeveloped or phased portions of the project may be deferrable. b.) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.)Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation. e.)When the actual costs incurred in constructing Creditable facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS File No. 210.412 Page 1 of 3 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a.Drainage from the site shall BE DIRECTED TO CHESTNUT AVENUE. b.Grading and drainage patterns shall be as identified on Exhibit No. c.The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as X None required. 3.The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan Storm Drain Plan Water & Sewer Plan Final Map X Drainage Report (to be submitted with tentative map) Other None Required 4.Availability of drainage facilities: X a.Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). b.The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. c.Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d.See Exhibit No. 2. 5.The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 3 7.The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a.State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b.State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. c.The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8.A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9.The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Debbie Campbell Anthony Zaragoza Design Engineer, RCE Engineer III Digitally signed by Debbie Campbell Date: 9/19/2022 7:47:45 PM Digitally signed by Anthony Zaragoza Date: 9/12/2022 4:27:30 PM CC: WELL COMMUNITY CHURCH 2044 E. NEES FRESNO, CA 93720 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 3 Our records indicate that there may not be continuous existing curb and gutter to convey runoff to the Master Plan inlet located at Chestnut and Teague Avenues. The developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. The District’s existing Master Plan drainage system is designed to serve medium density residential uses and the existing Master Plan storm drainage facilities do not have capacity to serve the proposed medium high density residential land use. The developer shall be required to mitigate the impacts of the increased runoff from the proposed medium high density land use to a rate that would be expected if developed to medium density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Should the developer choose to construct a permanent peak-reducing facility, such a system would be required to reduce runoff from a ten-year storm produced by a medium high density residential density development, to a two-year discharge, which would be produced by the property if developed medium density residential. Implementation of the mitigation measures may be deferred until the time of development. However, the District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of mitigation design prior to preparing a grading plan. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Development No.FR DPA No. 2021-06232 OTHER REQUIREMENTS EXHIBIT NO. 2 Fresno Metropolitan Flood Control District Capturing Stormwater since 1956 k:\letters\rezone letters\fresno\2022\22-01086(cx)(az).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org File 210.412 “2021-06232” 210.414 “2022-01086” 310. “CX” October 6, 2022 Mr. Thomas Veatch, Planner City of Fresno, Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Veatch, General Plan Amendment/Rezone No. P22-01086 Drainage Area “CX” The District has reviewed the land use changes proposed through the subject rezone and plan amendment. The District’s existing Master Plan drainage system was designed to serve medium density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed medium high density residential land use. The District requests that, as a condition of the proposed rezone and plan amendment, the developer be required to mitigate the impacts of the increased runoff from the proposed medium high residential land use to a rate that would be expected if developed to medium density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Implementation of the mitigation measures may be deferred until the time of development. Should the developer choose to construct a permanent peak reducing facility, this system would be required to reduce runoff from a ten-year storm produced by the medium high density residential land use development and release a two-year discharge, which would be produced by the property if developed medium density residential. The developer will be required to submit improvement plans to the District for review and approval showing the proposed method of mitigation prior to implementation. Should you have any questions concerning this matter, please feel free to contact the District. Sincerely, Anthony Zaragoza Engineer III AZ/lrl/jt Page 1 of 5 REV: June 1, 2015 P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS DATE: September 19, 2022 TO: Thomas Veatch, Planner II Planning & Development Department FROM: Adrian Gonzalez, Senior Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT: PUBLIC WORKS CONDITIONS OF APPROVAL FOR DEVELOPMENT PERMIT P21-06232 REGARDING MAINTENANCE REQUIREMENTS ADDRESS: 8715 North Chestnut Avenue APN: 403-532-28 The Public Works Department has completed its review and the following requirements are to be placed on this development as a condition of approval by the Public Works Department. These requirements are based on City records, standards and the proposed improvements depicted for this development on the exhibits submitted. ATTENTION: The item (s) below requires a separate process with additional costs and timelines. In order to avoid delays with the approval of this development, the following item (s) shall be submitted to the Public Works Department and accepted for processing prior to Building Permit approval. X CFD Annexation Request Packages (CFD 9 and 18) Adrian Gonzalez (559) 621-8693 Luis.Gonzalez@fresno.gov X Private Maintenance Covenant Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed and shall require a revision of this letter. Any change affecting the items in these conditions requires revision of this letter. INCOMPLETE Community Facilities District (“CFD”) Annexation Request submittals may cause delays to the annexation process and project approval. The annexation process takes from three to four months to complete. Documents SHALL be submitted and accepted for processing prior to Building Permit approval. Page 2 of 5 REV: June 1, 2015 P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS All applicable construction plans for this development are to be submitted to the Public Works Department for review and approval prior to the CFD process. The Landscape and Irrigation Plans are required to be approved prior to the finalization of the CFD process. 1. The Property Owner’s Maintenance Requirements The long term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all new Commercial, Industrial and Multi-Family developments are the ultimate responsibility of the Property Owner. The property owner shall provide Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 9 (“CFD No. 9”). The following public improvements (existing and proposed) are eligible for Services by CFD No. 9 as associated with this development: All landscaped areas, trees and irrigation systems, as approved by the Public Works Department, within public street rights-of-way, required public trail easements, and landscape easements located between required sound walls and adjacent to public streets; including without limitation, median islands (1/2 if frontage is only on one side) and parkways. (Major and Local Public Streets) All amenities such as benches, drinking fountains, trash receptacles, City required fencing and low voltage lighting, as approved by the Public Works Department for officially designated and required public trails. Tree trimming only of required street trees within public street easements along Major and Local Public Street frontages. Concrete curb and gutters, valley gutters, sidewalks, curb ramps, median capping and maintenance bands (1/2 if frontage is only on one side), and traffic calming structures in the street rights-of-way. (Major Public Streets) Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, median island curbing and hardscape, street paving and street name signage. (Local Public Streets) All costs associated with the street lights (including repair and replacement) within public street rights-of-way. (Major and Local Public Streets) 2. The Property Owner’s Service Requirements The recurring expenditures related to Public Safety Services, police and fire safety/protection/suppression (“Services”), provided by the City that are associated with Page 3 of 5 REV: June 1, 2015 P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS all new Single-Family developments are the ultimate responsibility of the Developer. The Developer shall provide these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 18 (“CFD No. 18”). The following public safety services will be furnished by CFD No. 18 as associated with this development: The services to be funded, in whole or in part, by the District include all direct and incidental costs related to providing for the funding of public safety services within the area of the District. The services shall include, but not be limited to, police and fire safety/protection/suppression services. The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District. The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District. The Property Owner may choose to do the following: I. The Property Owner may petition the City of Fresno to request annexation to CFD No. 9 by completing and submitting an Annexation Request Package to the Page 4 of 5 REV: June 1, 2015 P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS Public Works Department, Land Section for review and approval. The Annexation Request Form is available, along with current costs, on-line at the City’s website at http://www.fresno.gov, under the Public Works Department, Developer Doorway. Proceedings to annex territory to CFD No. 9 SHALL NOT commence unless this development is within the City limits and all construction plans (this includes Street, Street Light, Signal and Landscape and Irrigation plans as applicable) are considered technically correct. (Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 9 are not subject to change after acceptance for processing.) The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. The annexation process takes from three to four months to complete. Documents SHALL be submitted and accepted for processing prior to building permit approvals. The review and approval of Landscape and Irrigation Plans are required to be approved by the Public Works Department prior to the completion of the annexation process. Public improvements not listed above will require special approval by the Public Works Department Director or his designee. II. The Property Owner may provide for Services privately for the above maintenance requirements. All City maintenance requirements not included for annexation to CFD No. 9 for Services SHALL be included in a Private Maintenance Covenant for the required Services associated with this development or as approved by the City Engineer. III. The Property Owner may petition the City of Fresno to request annexation to CFD No. 18 by completing and submitting an Annexation Request Package to the Public Works Department, Traffic Operations and Planning Division for review and approval. The Annexation Request Form is available, along with current costs, on-line at the City’s website at http://www.fresno.gov, under the Public Works Department, Land Development. Proceedings to annex the final map to CFD No. 18 SHALL NOT commence unless the final map is within the City limits and all construction plans (this includes Street, Street Light, Signal, Landscape and Irrigation plans, and any other plans needed to complete the process) and the final map are considered technically correct. The annexation process will be put on HOLD and the developer notified if all Page 5 of 5 REV: June 1, 2015 P21-06232 8715 N CHESTNUT AVE MAINTENANCE CONDITIONS of the requirements for processing are not in compliance. Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 18 are not subject to change and after acceptance for processing. Any change to this development that would affect these conditions shall require a revision of this letter. For any questions regarding these conditions please contact me at (559) 621-8693 / Luis.Gonzalez@fresno.gov Page 1 of 6 9-21-2022 P21-06232 CHESTNUT 8715 N.doc SUBJECT: Conditions of Approval for P21-06232 DATE: September 21, 2022 TO: Thomas Veatch, Planner II Planning and Development Department FROM: Andreina Aguilar, Engineer II Public Works Department, Traffic Planning Section ADDRESS: 8713 North Chestnut Avenue APN: 403-532-28 ATTENTION: The items below require a separate process with additional fees and timelines, in addition to the development permit process. Submit the following items early to avoid delaying approval of building permits. Final approval of the site plan is contingent on receipt of all items checked below. To be completed: Point of Contact Department and Contact Information Deeds (up to 2-month processing time) Deeds are required to provide easements to the City for required public improvements. They shall be prepared by the owner / developer’s engineer. Contact Jeff Beck for fees and processing requirements. Provide a copy of the recorded dedications to Traffic Planning prior to the issuance of building permits. https://www.fresno.gov/publicworks/engineering- services/#tab-5 Jason Camit Public Works Department (559) 621-8681 Jason.Camit@fresno.gov Page 2 of 6 9-21-2022 P21-06232 CHESTNUT 8715 N.doc ATTENTION: Provide corrections as noted on Exhibit “A”. Prior to resubmitting the corrected exhibit, provide the following information and conditions of approval on the site plan: A. GENERAL REQUIREMENTS 1. Easements: Identify and dimension proposed street easements. 2. Required Notes: Revise General Notes to include the required Public Works Department notes. a. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California. b. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy. c. Two working days before commencing excavation operations within the street right-of way and/or utility easements, all existing underground facilities shall have been located by UNDERGROUND SERVICES ALERT (USA). CALL 1-800-642-2444 d. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy. https://www.fresno.gov/publicworks/traffic-engineering/#tab-6 e. Deeds are required to provide easements to the city for required public improvements. They shall be prepared by the owner / developer’s engineer. Executed copies shall be submitted to the city with verification of ownership prior to the issuance of building permits. f. Underground all existing overhead utilities within the limits of this application as per Fresno Municipal Code Section 15-2017 and Public Works Policy No. 260.01. g. Submit street construction plans to the Public Works Department. h. Submit street lighting plans to the Public Works Department. https://www.fresno.gov/publicworks/traffic-engineering/#tab-4 i. Submit signing and striping plans to the public works department. Comply with the current Caltrans standards. https://www.fresno.gov/publicworks/traffic-engineering/#tab-4 j. Provide a 4' minimum path of travel along the public sidewalk directly in front of property, to meet current accessibility regulations. A pedestrian easement may be required if requirements are not met. k. Contact the Public Works Department, Traffic Engineering at 559-621-8800, 10 working days prior to any offsite concrete construction. l. All development shall take place in accordance with all city laws and regulations. Page 3 of 6 9-21-2022 P21-06232 CHESTNUT 8715 N.doc B. OFFSITE INFORMATION: 1. Public Street Improvements: a. Street pavement: Identify existing and proposed. b. Sidewalk drains: Identify proposed. c. Undergrounding of overhead utilities: Identify overhead utilities to be undergrounded. 2. Accessibility: Identify and dimension the required 4’ minimum path of travel along the public sidewalk adjacent to the property. Provide pinch point dimensions. A pedestrian easement may be required if Title 24 requirements cannot be met. C. ONSITE INFORMATION: 1. State standard “STOP”: Identify and install a 30" state standard "STOP" sign at the location shown. A "right turn only" sign is also required; install a 30" x 36" state standard sign immediately below the stop sign on the same post. Signs shall be mounted on a 2" galvanized post with the bottom of the lowest sign 7’ above ground, located behind curb and immediately behind a major street sidewalk. 2. Multi-Family Gates: Provide and maintain a minimum of 50’ from the proposed gate to the back of right-of-way easement, for vehicle stacking at the main gate. Redesign the main entrance to provide for an onsite turn around. Where the entry is divided, each side shall provide for a minimum opening of 16’ each. Where it is not divided, the gate shall be a minimum of 20’ wide. PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Construct additional offsite improvements, including but not limited to, concrete curb, gutter, sidewalk, approaches, ramps, pavement, utility relocations, etc. in accordance with City of Fresno’s Public Works Standards, Specifications, and the approved street plans. Street widening and transitions shall also include utility relocations and necessary dedications. Repair all damaged and/or off grade off-site concrete street improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current accessibility regulations. Page 4 of 6 9-21-2022 P21-06232 CHESTNUT 8715 N.doc Underground all existing overhead utilities within the limits of this site/map as per Fresno Municipal Code Section 15-2017 and Public Works Policy No. 260.01. The construction of any private overhead, surface or sub-surface structures, and appurtenances in the public right of way is prohibited unless an Encroachment Covenant is approved by the City of Fresno Public Works Department, Traffic and Engineering Services Division, (559) 621-8693. Encroachment Covenant must be approved prior to issuance of building permits Chestnut Avenue: 4 Lane Arterial (Provide the following as notes on the site plan.) 1. Dedication Requirements: a. Dedicate a 25’ public street easement within the limits of this application, per Public Works Standard P-52. 2. Construction Requirements: a. Construct 20’ of permanent paving per Public Works Standard P-50, within the limits of this application and transition paving as necessary. b. Construct a driveway approach to Public Works Standards P-2 and P-6, as approved on the site plan. Construct permanent paving as needed per Public Works Standard P-48. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A”. c. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10’ residential pattern. Construct a 4’ residential sidewalk (5.5’ - 4’ - 0.5’). Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). d. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-7A for Arterials. Streetlights installed on major streets shall be fed from a service pedestal with a master photo control as detailed in Section 3-3.17 of the City Specifications and Public Works Standards E-15, E- 17 and E-18 or as approved by the City Engineer. e. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. Public Improvement Plans are required and shall be approved by the City Engineer. Contact Scott Tyler at (559) 621-8654 or at Scott.Tyler@fresno.gov and submit Public Improvement Plans for all required work, in a single package, to Engineering Services Division. Dedications shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, streetlights, signals, etc. shall be relocated as determined by the City Engineer. The performance of any work within the public right of way and/or easements (including street, bike, pedestrian, landscape, and utility easements) requires a Street Work Permit prior to commencement of work. Contact Public Works Department at (559) 621-8800, 10 working days prior to construction of any improvements in the public right-of-way and/or easements. All improvements shall be Page 5 of 6 9-21-2022 P21-06232 CHESTNUT 8715 N.doc constructed in accordance with the City of Fresno, Public Works Department Standard Drawings and Specifications. Traffic Control Plans shall be required to ensure the sidewalk, or an approved accessible path remains open during construction. Contact Melessa Avakian at (559) 621-8812 or at Melessa.Avakian@fresno.gov and submit Traffic Control Plans to the Traffic Operations and Planning Division. All work shall be reviewed, approved, completed, and accepted prior to obtaining a certificate of occupancy. Two working days before commencing excavation operations within the street right of way and/or utility easements, all existing underground facilities shall have been located by Underground Services Alert (USA) Call 811. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. PRIVATE IMPROVEMENT REQUIREMENTS Off-Street Parking Facilities and Geometrics: Contact the Planning and Development Department for review and approval of onsite parking. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P-21, P-22, and P-23) and Specifications. Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Department’s minimum turning templates. Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees at the time of building permit. Contact the Public Works Department, Frank Saburit at (559)621-8797. The fees are based on the Master fee schedule. Fresno Major Street Impact (FMSI) Fees: This entitlement is in the New Growth Area; therefore pay all applicable growth area fees and citywide regional street impact fees. Contact the Public Works Department, Frank Saburit at (559) 621-8797. FMSI Requirements: THE FMSI REQUIREMENTS ARE REQUIRED TO BE CONSTRUCTED PRIOR TO OCCUPANCY. Chestnut Avenue: Arterial 1. Dedicate and construct the following within the limits of this application. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55 MPH design speed. a. South bound: Where missing, construct median curb to curb of street paving per Public Works Standard P-50 to accommodate (2) travel lanes and a 7’ bike lane. Page 6 of 6 9-21-2022 P21-06232 CHESTNUT 8715 N.doc Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy. In order to obtain street or building permit approval from the Public Works Department, an approval stamp with a signature from Traffic Planning is required on the site plan and inserted in the building sets. Questions relative to these conditions may be directed to Andreina Aguilar (559) 621- 8674 Andreina.Aguilar@fresno.gov in the Public Works Department, Traffic Planning Section. CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE Proposed Development: A.P.N. Planned Land Use: Current Zoning: Proposed Zoning: Site Area: Living Units / LUE: Entitlement: Estimate Date: WATER CONNECTION CHARGES Service Area Quantity Units Fee Rate Amount Due Notes Water Service & Meter Charge 4"1 EA.$17,200.00 $17,200.00 [1] [6] Irrigation Service & Meter Charge 2"1 EA.$2,671.00 $2,671.00 [1] [6] Time & Materials Charge 6" Fire 1 EA.$7,300.00 $7,300.00 [1] [6] Frontage Charge 152 L.F.$6.50 $988.00 [1] [6] Water Capacity Fee 4"1.00 EA.$35,518.00 $35,518.00 [1] [6] Water Capacity Fee 2"1.00 EA.$14,206.00 $14,206.00 [1] [6] Total Water Connection Charges $77,883.00 [1] SEWER CONNECTION CHARGES Service Area Quantity Units Fee Rate Amount Due Notes House Branch Sewer Charge [2]EA $0.00 [2][2] Lateral Sewer Charge 15,200 Sq.Ft.$0.10 $1,520.00 [6] Oversized Sewer Charge UGM 15,200 Sq.Ft.$0.05 $760.00 [6] Trunk Sewer Capacity Enhancement Fee Herndon 32 Units $893.00 $28,576.00 [6] Wastewater Facilities Charge STEP [3][3][4] [7] Trunk Sewer Charge Herndon STEP [3][3][5] [7] Total Sewer Connection Charges $30,856.00 [3] CITYWIDE/REGIONAL IMPACT FEES Service Area Quantity Units Fee Rate Amount Due Notes Citywide Fire Facilities Impact Fee Multi-Family 32 Units $1,743.00 $55,776.00 [7] Citywide Park Facility Impact Fee Multi-Family 32 Units $3,852.00 $123,264.00 [7] [9] Citywide Police Facilities Impact Fee Multi-Family 32 Units $723.00 $23,136.00 [7] Citywide Regional Street Charge Multi-Family 2.20 AC $17,054.00 $37,518.80 [6] New Growth Area Major Street Charge Multi-Family 2.20 AC $53,424.00 $117,532.80 [6] Citywide Traffic Signal Charge Multi-Family 32 Units $591.00 $18,912.00 [6] Total Citywide/Regional Impact Fees $376,139.60 Total Fees and Charges $484,878.60 P21-06232 September 19, 2022 403-532-28 RM-1/UGM (P22-01086) +/- 2.20 acres 32 Living Units RS-4/UGM Apartment Complex - 8715 N. Chestnut Avenue The following estimates are based on preliminary conceptual information. The exact fee obligation will be computed at the time of development by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of development shall apply. Medium-Low Density Residential See notes on page 2 Printed 9/19/2022 Page 1 CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE NOTES: [6] Due at Building Permit [7] Due with Certificate of Occupancy [9] Parks fee applicable only to residential developments Prepared and Reviewed By: Frank Saburit Date: September 19, 2022 (559) 621-8797 NOTICE OF 90-DAY PROTEST PERIOD (GOVERNMENT CODE §66020(d)(1)) A protest filed pursuant to subdivision and/or development (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. ● The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009-01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Please contact the Council of Fresno County Governments (FCOG) at (559) 233-4148 to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue the Certificate of Occupancy. ●On December 8,2016,Fresno City Council adopted Resolution No.2016-258,effective July 1,2018,administratively updating the impact fees adjusted by this resolution annually to the percentage change in the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12-month period ending of May of the year of adjustment. ●Payment of Fresno Metropolitan Flood Control District (FMFCD)impact fees may be required.Please contact FMFCD at (559)456- 3292 to determine fee obligation. ●Payment of applicable school district fees is required prior to issuance of Building Permit.Please contact the respective school district to satisfy your fee obligation.Confirmation by the respective school district is required before the City of Fresno can issue building permits [3] Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). [4] The Wastewater Facilities Charge (WWFC) is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, WWFC may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [2] Sewer House branches to be installed by Developer at the Developer's cost. Outside agencies developer impact fees: It is the developer's responsibility to contact those agencies for their fee estimates. These agencies include but are not limited to; Fresno County, Council of Fresno County Governments (FCOG), Fresno Metropolitan Flood Control District (FMFCD), various School Districts that serve the City of Fresno, etc. Within the City of Fresno's sphere of influence there are other sewer and water utility providers. If the project is within one of those districts, the developer must provide confirmation from the representitive Districts that all conditions for sewer and/or water connections and services have been satisfied, prior to issuance of a Building Permit. [1] Fees for Water Service Connections and/or Meters, and Water Capacity due at time of development. Charges based on service and/or meter sizes, (Rates as established by the Master Fee Schedule), determined by the Developer. City of Fresno Public Works Department Land Division & Engineering [5] The Trunk Sewer Charge is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For Condominium conversions, Trunk Sewer Charges may stay in the S.T.E.P. if the project continues to be master metered for water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees. [10] Fee not applicable on replacement or reconstruction of an existing structure that has been destroyed or demolished provided that the Building Permit for new construction is obtained within one year after the building is destroyed or demolished, and there is no change in the land use designation. (Res. Nos. 2005-428, 429) [11] Subject to the acceptance date of the vesting tentative map, fee may not be applicable until 2-years after the date of Final Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. [8] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for more information. See notes on page 2 Printed 9/19/2022 Page 2 DEPARTMENT OF PUBLIC WORKS TO: Mindi Mariboho, Planning Services Coordinator Planning & Development Department FROM: Hilary Kimber, Parks Supervisor II Public Works, Traffic Division DATE: August 30, 2022 SUBJECT: P21-06232; 8715 N. Chestnut Ave.; (APN:403-532-28) located on the west side of N. Chestnut Ave. between E. Teague and E. Shepherd Avenues. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-way, landscape easements, outlots and median islands: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 40' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with AB 1881. 2. Street Tree Planting by Developer: Tree planting shall be within a 10' Public Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 40' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works “Standard Specifications.” c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city-controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. f. Street trees are required on N. Chestnut Ave. There are approximately 150 linear feet of street frontage along N. Chestnut Ave. resulting in the requirement of four (4) street trees. g. The conceptual landscape plans submitted by Villa Di Ubaldo dated March 15, 2022 shows four (4) Cork Oak (Quercus suber) which meets the Public Works requirement for street trees. Please submit all landscape and irrigation plans to: dpwplansubmittal@fresno.gov for plan review to the scale of 1” =20’ prior to the installation of any landscaping within the right-of-way. Plan Review Team Land Management PGEPlanReview@pge.com Public October 7, 2022 Re: P21-06232 8715 N Chestnut Ave Dear City of Fresno, Thank you for providing PG&E the opportunity to review the proposed plans for 8715 N Chestnut Ave dated 8/30/2022. Our review indicates the proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights. Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to the design, we ask that you resubmit the plans to the email address listed below. If the project requires PG&E gas or electrical service in the future, please continue to work with PG&E’s Service Planning department: https://www.pge.com/cco/. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site. If you have any questions regarding our response, please contact the PG&E Plan Review Team at pgeplanreview@pge.com. Sincerely, PG&E Plan Review Team Land Management Exhibit F – Neighborhood Meeting Information You’re Invited to our Neighborhood Meeting REGARDING THE PROPOSED RESIDENTIAL DEVELOPMENT OF 8715 NORTH CHESTNUT AVENUE THE MEETING WILL BE HELD AT TOWNEPLACE SUITES BY MARRIOT 580 WEST SHAW AVENUE, CLOVIS, CA 93612 SEQUOIA & EXECUTIVE ROOM ON MONDAY, NOVEMBER 14TH, 2022 MEETING STARTS AT 6 PM Everyone is welcome! There will be a presentation followed by discussion and plenty of opportunity for community input. Neighbor feedback is encouraged. Proposed Project: Fresno/Newbury LP, owner of ±2.20 acres of property generally located on the west side of North Chestnut Avenue between the intersections of East Shepherd and East Teague Avenues, at 8175 North Chestnut Avenue (APN: 403-532- 28). The applicant proposes to rezone the subject property from RS-4 (Residential Single Family, Medium Low Density) to RM-1 (Residential Multi-family - Medium High Density), and change the land use designation from Medium Low Density Residential to Medium High Density Residential for a proposed apartment project. Development Permit Application No. P21-06232 proposes a 32-unit apartment complex consisting of four 5,750 square foot two-story buildings and a 1,069 sq foot leasing and managers office on a vacant parcel. In addition, on and off-site improvements are proposed including but not limited to a new drive approach, 79 new parking stalls, pool, trash enclosures, landscaping, curb, gutter, and sidewalks. QUESTIONS? PLEASE FEEL FREE TO CONTACT THE PROJECT ARCHITECT Contact: Ubaldo Garcia Hernandez, Licensed Architect Villa Di Ubaldo, Architecture, Engineering, and Consulting Tel: 559-871-5534 email: VillaDiUbaldo@hotmail.com Fresno/Newbury Neighborhood Meeting Question 1: What have you done with regards to an EIR? We have prepared an environmental report per the City of Fresno Municipal Code. The correct answer was an Environmental Assessment. Question 2: Are you preparing a traffic study? No, we are not being required to generate a full traffic study. Question 3: Are you zoned for apartments? No, we are in the process rezoning the property, that is the purpose of this meeting. Question 4: How will this project affect the surrounding area’s property values? We are not qualified to make any assessments pertaining to property values. Question 5: Why don’t you have individual garages? We designed the project without garages underneath in order to maintain the buildings as 2 story rather than 3 story building. Question 6: Is this project intended for Fresno State student housing? No, these are luxury apartments and they are not intended for student housing. Question 7: How many parking spaces are you providing per unit? We’re providing 68 parking stalls in total which exceeds our requirement by 25%. Question 8: Is the apartment going to be gated? Yes, we are proposing an automatic gate with a guest call box & turnaround. Question 9: What kind of traffic study and improvements are you proposing at the bottleneck at Chestnut where the road merges from a 2 lane to a single lane? We are not being asked to provide a traffic study for Chestnut and we are only required to improve the street frontage adjacent to our property. Question 10: Is there any thought given to not having any West facing windows in order to protect the privacy of the two properties with swimming pools? It is virtually impossible to design a 2-story project without invading into somebody’s privacy, however the City of Fresno has very strict buffering and landscaping requirements which we are required to follow. Question 11: What is the height of the fence abutting the surrounding neighbors? We believe the city standard is 6ft, but if the city allows it, we may increase it to 7ft, however, this will not have any affect from 2 story views. Question 12: What is your lighting plan to prevent light being shined into neighbor’s yards? We don’t have a lighting plan at this time, but we will follow the City of Fresno’s lighting ordinance which prohibits a project from shining light onto neighbors. Question 13: Does this project include a party room that can be rented out? No, the pool and pool house are for private use by the tenants only. Question 14: What is the maintenance plan for the ponding basin and drainage canal at the rear of the property? We plan on following the FMFCD requirements. Question 15: Is this apartment project going to be section 8 allocated? No, this is a market rate project. Question 16: Are you proposing any covered parking? Yes, most of our parking is under covered carports. Question 17: Are the dumpsters going to be placed near neighbors? Yes, we are proposing trash enclosures back-to-back with our neighbors on the North side, but we are proving 1 trash enclosure for each building in order to avoid overspilling of trash and thereby reducing trash odors. Question 18: Do you know how much you’re going to charge for rent and how many people will be allowed in each apartment? I cannot comment on a dollar amount, but I can reassure you that these apartments will be very well managed and not overcrowded. Question 19: How many bedrooms will each apartment be? All units are 2 bedroom with 2 full bathrooms. Question 20: How many residential units are you allowed under the existing zoning? The existing zoning is for Medium to Low Density and we are changing it to Medium to High Density. Question 21: Will there be a hearing where a person can voice their comments? Yes, you can voice your comments at the planning commission meeting. Question 22: Why don’t you propose single family homes instead of apartments? I am just the architect; I cannot comment on the owner’s wishes. Question 23: How many homes could you fit on this property? It would be very difficult to fit more than 8 lots. Question 24: What is the plan with the Southern neighbor’s property? We have no knowledge of the neighbor’s future development plans. Question 25: What is the address of other properties owned by this property owner? I am not sure that I can share that information. Question 26: What is the style of the apartments? These apartments are designed as Modern Mediterranean. Question 27: What is the size of each apartment? Each unit is 1232 sq.ft. which is quite large for a 2-bedroom unit. Question 28: Is there a project in Fresno similar to this one? Yes, there is a similar looking building at the North East corner of Herndon & Willow. Question 29: What kind of flooring are you proposing, would you consider polished concrete floors? We have not gotten to the point where we can decide interior finishes, but we’ll be glad to consider it. Question 30: Why are you wasting so much space at the front of the property? The city requires a minimum setback from the street that must be landscaped. Question 31: Where will people park if they want to go to the leasing office? People will use the available parking stalls located outside of the gate near the pool. Question 32: Who is going to be the contractor? We are not at that stage yet; we are at the very beginning of a very long plan approval process. Question 33: When are you planning on starting construction on this project? As soon as possible, but it may take 18 – 24 months to go from project approval to final building plans. Question 34: Is the neighbor’s input going to have any impact on the approval of this project? Neighbor’s input does have an impact on the city’s district decision to support or disapprove of the project, however, the final decision is taken by the planning commission. Question 35: Will the neighbors be notified when the project goes to planning commission? Yes, I believe that anyone who lives within 1000 ft of the project will get notified. Architect’s closing remarks; The neighborhood meeting was held in accordance with city guidelines. We presented 3ft x 4ft posters showing the site plan, vicinity map, floor plans, and exterior elevations for the project. At the start of the meeting, most neighbors were very concerned by the proposal of an apartment complex being built near their property. As the meeting progressed, a lot of their pressing concerns got put to rest by our reassurance that this project is well thought out and it will maintain a high standard of living in their community. I reassured the neighbors that we are proposing a beautiful, well designed, and high-quality apartment project, not a low quality, overcrowded project that is only intended to squeeze as much money out of the property as possible. Having said that, there were a handful of neighbors that walked out of the meeting because they did not want any apartments near them. I did my best to provide as much relevant and accurate information as I could, unfortunately I was not able to satisfy everyone who attended the meeting, mainly, the neighbor who was only interested in the environmental report and traffic study. After I had answered all the neighbor’s questions, a dozen or more neighbors came to the front to look at the drawings of the project and I heard several complements about the project and our proposed design. I feel confident that the neighborhood meeting served its intended purpose by informing the neighbors of what is being proposed near their homes and also gave them an opportunity to ask questions or give comment about the project. Those neighbors that were and will remain against the project did not find the meeting helpful because they just wanted to voice their objection. We believe that neighbor insight is very important for the success of a project and we strive to uplift the communities in which we build. Exhibit G – Comment Letters From: JANET KROEGER <janet.kroeger@comcast.net> Sent: Monday, November 14, 2022 7:28 PM To: Thomas Veatch; Jose Valenzuela Subject: 8715 N Chestnut rezone Attachments: November 14 cover letter.docx; Marquise Collection Resolution III.docx External Email: Use caution with links and attachments Good Evening Thomas and Jose Attached is a Marquise Collection resolution presented to the Architect this evening in opposition to a zoning change to 8715 N Chestnut. A couple of concerns, the Architect indicated a EIR had already been completed on the property for this zoning change and he believed it was not under a negative declaration. There was a lot of ambiguity to when trying to respond to questions from the neighbors. So, I am not sure what exactly we were all doing there. He had pictures........ Please keep us informed of any further hearings or meetings we should be in attendance. Thank you Janet kroeger November 13, 2022 City of Fresno 2600 Fresno St Room 3065 Fresno CA 93721 Attention: Planning Director, Ms. Jennifer Clark Planning Commission Council member, Gary Bredefeld To Whom it May concern: The Marquise Collection residents are in receipt of a letter from Ubaldo Garcia Hernandez, Architecture regarding a neighborhood meeting on November 14 for a proposed zoning change for 8715 N. Chestnut. The Marquise Collection consists of 49 homes and is represented by a HOA. I have enclosed a resolution adopted by the Board in opposition to the proposed change in zoning from SF residence to high density multi family housing. Included in the resolution is a list of new developments that have either been built or are in the process of being constructed in our area that will have a negative impact on our schools, parks and traffic. As it is, leaving our community to go west on Teague during school hours is not achievable, as traffic is backed up halfway to Chestnut and Teague from Maple and Teague. This forces us to go east when we need to go west for appointments, meetings and work. Additionally, Nees Ave has been negatively impacted with traffic with recent occupancy of the units construction along Nees Ave. This does not include the units being built on the North side of Nees Ave, across from the Woodward Park Post Office. Compounding the traffic will be the recently announced construction of units at the corner of Cole and E. Audubon Dr. This area has given up the quality of life we once had due to the amount of multi family housing units that have been built and will further be impacted by additional units already approved for construction. It is time for the developers to impact other area of towns. We respectfully request this application for rezoning be denied. We moved into this community based on the General Plan which indicates this address is Single Family Residents. Marquise Collection Marquise Collection Resolution In opposition of proposed zoning change Whereas, the Marquise Collection residents received a notice for a proposed zoning change for 8715 N Chestnut Ave. Whereas, the proposed zoning change calls for development of 32 units of multi-family Housing at 8715 N Chestnut; Whereas, the December 2014 General Plan addresses healthy neighborhoods, traffic flow and calls for 8715 North Chestnut designated Single Family medium to low density housing; Whereas, in 2017 and 2018 there have been approximately 600 additional multi-family units added to the Selma Layne Park area which have had a negative impact on our neighborhood schools and streets. Whereas, subsequently, there have been additional Multi family, High Density Units added at Willow and Herndon, Willow and Shephard, Chestnut and Alluvial, Nees and First, and Maple and Shephard, and Chestnut and Nees. Whereas, the Selma Layne Park area residents have surrendered enough of our quality of life in order to support the Local housing shortage and have endured the negative impacts in the community. Therefore, be it resolved, the Marquise Collection Board of Directors, representing the residents of 49 homes are opposed to the proposed zoning change for the following: 1)Proposed zoning change is incongruent with the 2014 General Plan, 2)Local schools are already busing neighborhood children out of the neighborhood to other schools, 3)A multi-family housing development will further negatively impact traffic at Maple and Teague and Chestnut and Alluvial, Chestnut and Nees and Maple and Nees; 4)The proposed zoning change appears to fit the definition of spot zoning. Signed: Terry Karr, Vice President Marquise Collection Homeowner Association Moved: Terry Karr, 2416 E Marquise Ct. Fresno CA Second: Betty Stallings, 2417 E Marquise Ct. Fresno CA Exhibit H – Public Hearing Notice & Noticing Map CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING FOR PLAN AMENDMENT/REZONE APPLICATION NOS. P22- 01086, DEVELOPMENT PERMIT APPLICATION NO. P21-06232 AND RELATED ENVIRONMENTAL ASSESSMENT NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code (FMC), will conduct a public hearing to consider the items below, which pertain to ±2.20 acres of vacant property located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues. The Planning Commission will consider the following recommendations (to City Council): 1. Environmental Assessment No. P22-01086/P21-06232 recommends adoption of the Mitigated Negative Declaration dated March 24, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. Plan Amendment Application No. P22-01086 proposes to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential – Medium Low Density to Residential - Medium High Density; and 3. Rezone Application No. P22-01086 proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single Family, Medium Low Density) to RM-1 (Residential Multi-family - Medium High Density) zone district; and 4. Development Permit No. P21-06232 proposes to construct a 32-unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069 square-foot leasing and manager's office on a vacant parcel. Any interested person may also participate electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the Planning Commission Agenda, and present written testimony at least 24 hours in advance via an eComment or by email to PublicCommentsPlanning@fresno.gov (cc Thomas.Veatch@fresno.gov). All documents submitted to the Planning Commission for its consideration prior to or at the hearing shall be submitted to the Planning Commission at least 24 hours prior to the Commission agenda item being heard, pursuant to the Planning Commission rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above applications in court, you may be limited to raising only those issues you, or someone else, raised at the public hearing described in this notice or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission at, or prior to, the public hearing. The Planning Commission's recommendation on the proposed entitlements and environmental assessment will be considered by the City Council. NOTE: This public hearing notice is being sent to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007. All documents related to this project are available for public review at the Planning and Development Department at the address listed below. Electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during regular business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner below via email or phone to request electronic copies or schedule an appointment to view documents. For additional information, contact Thomas Veatch, Planning and Development Department, by telephone at (559) 621-8076, or via e-mail at Thomas.Veatch@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070. PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, HDFP, Director Date: March 24, 2023 Assessor’s Parcel No. 403-532-28 Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY PLANNING COMMISSION Date/Time: Wednesday, April 5, 2023 at 6:00 p.m. or thereafter Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721; or, watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx Thomas Veatch PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO, CA 93721 THIS IS A LEGAL NOTICE REGARDING 8715 North Chestnut Avenue P22-01086/P21-06232 VICINITY MAP Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 LEGEND Subject Property CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING ON THE APPLICATION LISTED BELOW NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code (FMC), will conduct a public hearing to consider the items below, filed by Ubaldo Garcia of Villa Di Ubaldo, on behalf of John Ashley of Fresno Newbury LP, pertaining to approximately ±2.20 acres of property located on the west side of North Chestnut Avenue, between East Shepherd Avenue and East Teague Avenue. At the hearing, the following will be considered:: 1. Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-01086/P21- 06232, dated March 28, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. Plan Amendment Application No. P22-01086, requesting authorization to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject ±2.20 acre property from Residential – Medium Low Density to Residential - Medium High Density; and 3. Rezone Application No. P22-01086, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the ±2.20 acre subject property from the from RS-4/UGM (Residential Single Family, Medium Low Density/Urban Growth Management Area) to RM- 1/UGM (Residential Multi-family - Medium High Density/Urban Growth Management Area) zone district in accordance with the Plan Amendment Application; and 4. Development Permit Application No. P21-06232, requesting authorization to construct a 32 unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069 square-foot leasing and managers office on a vacant parcel, subject to compliance with the Conditions of Approval dated April 5, 2023. Any interested person may also participate electronically during the public hearing to speak in favor or against the project proposal, by Zoom meeting with instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance, pursuant to the City Council rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above application(s) in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission/City Council at, or prior to, the public hearing. The Fresno City Planning Commission considered this application at its meeting on April 5, 2023, and voted to recommend approval. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007. All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday-Friday, 8 a.m.-5 p.m.) by appointment only. Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents. For additional information regarding this project, contact Thomas Veatch, Planning and Development Department, Development Services Division, by telephone at (559) 621-8076, or via e-mail at thomas.veatch@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070. Jennifer K. Clark, AICP, HDFP, Director Planning and Development Department Dated: April 28, 2023 Assessor’s Parcel No(s). 403-532-28 SEE MAP ON REVERSE SIDE Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 FRESNO CITY COUNCIL Date/Time: Thursday, May 11, 2023 at 10:00 a.m. or thereafter Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721; or, watch the live broadcast via the Zoom link located on the City Council agenda found here: https://fresno.legistar.com/Calendar.aspx Thomas Veatch PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO STREET, ROOM 3043 FRESNO, CA 93721-3604 THIS IS A LEGAL NOTICE REGARDING 8715 North Chestnut Avenue P22-01086/P21-06232 VICINITY MAP Subject Property LEGEND Properties within 1000 feet Override 1 Override 1 10/24/2022, 8:44:52 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Fresno Exhibit I – Environmental Assessment No. P22-01086/P21-06232, dated March 28, 2023 CITY OF FRESNO NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL ASSESSMENT FOR Plan Amendment Rezone Application No. P22-01086 and Development Permit Application No. P21-06232 APPLICANT: Mr. John Ashley Fresno/Newbury LP 1554 Shaw Ave Clovis CA 93611 PROJECT LOCATION: 8715 North Chestnut Avenue, Fresno, California: generally located on the west side of North Chestnut Avenue between East Shepard and East Teague Avenues. (APN: 403-532-28) in the City and County of Fresno, California (See Exhibit A - Vicinity Map) Site Latitude: 36° 51' 57" N Site Longitude: -119° 43' 59" W Mount Diablo Base & Meridian, Township 12S, Range 20E, Section 25 £202~ 1 oonoos+ Filed with the FRESNO COUNTY CLERK 2220 Tulare Street, Fresno, CA 93721 [F~lL~[D) MAR 2 8 2023 TIME . 8 :Olla.m I.!!;~ CO~NJY C~ERK By O &s/.tm,~UTY Cyan Edmisten The full Initial Study and the Fresno General Plan Program Environmental Impact Report (PEIR) are on file in the Planning and Development Department, Fresno City Hall, 3rd Floor, Room 3043, 2600 Fresno Street, Fresno, CA 93721. PROJECT DESCRIPTION: John Ashley of Fresno Newbury LP has filed Plan Amendment/Rezone Application No. P22-01086 and related Development . Permit Application No. P21-06232 pertaining to a vacant ±2.20 acre parcel located on the west side of North Chestnut Avenue, between East Shepherd Avenue and East Teague Avenues.Plan Amendment Application No. P22-01086 proposes to amend the Fresno General Plan, Woodward Park Community Plan, and Fresno County Airport Land Use Compatibility Plan to change the planned land use designations for the subject property from Residential -Medium Low Density to Residential -Medium High Density. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single Family, Medium Low Density) to RM-1 (Residential Multi-family-Medium High Density) zone district in accordance with the Plan Amendment Application. Related Development Permit Application No. P21-06232 requests to construct a 32-unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069 square-foot leasing E202-=3lOOOOOB4 and manager's office on a vacant parcel. On and off-site improvements are also proposed, including 7.9 parking spaces, carports, a community pool, fencing, trash enclosures, landscaping, curb, gutters, and sidewalks. Under the current planned land use and zone district of Residential -Medium Low Density, the proposed use as an apartment complex would be prohibited without the approval of the associated Plan Amendment/Rezone application. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration. The environmental analysis contained in the Initial Study is tiered from the Fresno General Plan Program Environmental Impact Report (PEIR) State Clearinghouse No. 2019050005 prepared for the Fresno General Plan pursuant to CEQA Guidelines § 15152 and incorporates the PEIR by reference pursuant to CEQA Guidelines § 15150. Pursuant to the California Public Resources Code (PRC) §§ 21093 and 21094 and California Environmental Quality Act (CEQA) Guidelines§§ 15070 to 15075, 15150, and 15152, this project has been evaluated with respect to each item on the attached Appendix G/lnitial Study Checklist to determine whether this project may cause any additional significant effect on the environment, which was not previously examined in the PEIR. After conducting a review of the adequacy of the PEIR pursuant to PRC§ 21157.6(b)(1) and CEQA Guidelines§§ 15151 and 15179(b), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/lnitial Study Checklist, its associated narrative, and technical studies reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, Initial Study narrative, and any attachments thereto combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activities and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself. There is no substantial evidence in the record that this project may have additional significant, direct, indirect, or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/lnitial Study Checklist, it was determined that there are no project-specific foreseeable impacts which would require project-level mitigation measures. The Initial Study has concluded that the proposed project will not result in any adverse effects, which fall within the "Mandatory Findings of Significance" contained in § 15065 of the State CEQA Guidelines. E202~\00D0084 The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment. Public . notice has been provided regarding staffs finding in the manner prescribed by § 15072 of the CEQA Guidelines and by§ 21092 of the PRC Code (CEQA provisions). Additional information on the proposed project, including the PEIR, proposed environmental finding of a Negative Declaration. The Initial Study may be obtained from the Planning and Development Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor, Room 3043, Fresno, California 93721 3604. Please contact Thomas Veatch, Planner, at (559) 621-8076 or via email at Thomas.Veatch@fresno.gov for more information. Para informaci6n en espafiol, comuniquense con Enrique Aponte (al numero de telefono (559) 621-8046). ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on April 18, 2023. Please direct comments to Thomas Veatch, Planner, City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604, or by email to PublicCommentsPlanning@fresno.gov (cc Thomas.Veatch@fresno.gov). INITIAL STUDY PREPARED BY: Joe Bashore Soar Environmental Consulting DATE: March 28, 2023 Attachments: Exhibit A -Vicinity Map SUBMITTED BY: Jose Valenzuela CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT 0. ro ~ >. ..... C (.) > <( ..... .c .c >< w < _J .,,,,,, ----,,--__ -I ,. ' QJ > l <( , . .i. (lJ t----+--'-).-=---,,---1/ 3 r· -7~ l w I l• / r· 1 , I I ,. -~ J ro ·s: w N Chestnut Ave · :Ii· ... -;.. I- I ,, J..., - ,, i s::' I I ,-QJ > <( ~ ' u -~, ,< I' UJ u.. ::; V) ::::) a. 2 iS r ,) --J QJ 3: -" u 0 a:: w "aA'r:/ uoqeaJJa}J N /_ -rr I ., f ~..,., .~ k ., l _____ j E2.023I0000084- '11 n> ~ 0 ()... UJ ' 1 , r ' I . ,,; I!, '.~~~ ¾E'~~ / ; ,,_, .... ., ,,,,. . Q) • .~ !·/Jtl ~~fe; :--w. :::. -7,, ,•/·.·~ .--~~ I ~ .· , ... ~o -""' ,, ,,~~ .. -. --~ = N Whistler Dr I QJ I- > <( ~ QJ I > j ,_ Cl QJ .... QJ QJ ~ 0 w . l /., J • r --r-t ' 'I ,1 I -1: '' I I I I ' I I , . I ),~ '. /, r-- IO N_C') C\I~ ··o ..... 0 ci 0 £ Q) ~ a. <( e r--a.. ~ ..... 'St 0 I:"! Q) ..... :c ..... M ::J en C\I 0 ~□ E -"' O> 0 ci '<t' 0 ci N 0 ci 0 1 APPENDIX G/INITIAL STUDY FOR A MITIGATED NEGATIVE DECLARATION Environmental Checklist Form for: Development Permit Application No. P21-06232 / Plan Amendment Rezone Application No. P22-01086 1. Project title: Development Permit Application No. P21-06232 / Plan Amendment Rezone Application No. P22-01086 2. Lead agency name and address: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 3. Contact person and phone number: Thomas Veatch, Planner City of Fresno Planning and Development Department (559) 621-8076 4. Project location: 8715 North Chestnut Avenue, Fresno, California: Located on the western side of N Chestnut Ave between E Shepard Ave and E Teague Ave. (APN: 403-532-28) 5. Project sponsor's name and address: Mr. John Ashley Fresno/Newbury LP 1554 Shaw Ave Clovis CA 93611 6. General & Community plan land use designation: Existing: Medium Low Density Proposed: Medium High Density 7. Zoning: Existing: RS-4 (Residential Single Family, Medium Low Density) Proposed: RM-1 ( Residential Multi-Family, Medium High Desnity 2 8. Description of project: Development Permit Application No. P21-06232 / Plan Amendment Rezone Application No. P22-01086 was filed on behalf of John Ashley of Fresno/Newbury LP. The applicant proposes to construct a 32-unit multifamily apartment complex at 8715 N. Chestnut Avenue, Clovis, CA 93619. APN 403-532-28. The 2.11-acre rectangular property is zoned as Medium-Low Density RS-4 and would require a Plan Amendment/Rezone to Medium High-Density RM-1. The parcel is within the Community Plan Area of Woodward Park. To date, no contact with surrounding neighbors has occurred. The Project would replace an existing vacant lot with a 32-unit apartment complex. This change would create uniformity with surrounding parcels. The 32 dwelling units on the 2.11-acre site gives the proposed project a density of 15.16 DU/NA. In total, all proposed roofed structures would cover approximately 0.71- acre of the 2.11-acre site. The dwelling units would be constructed with setbacks of 20 ft from the property line in the front and the rear, and 5 ft on each side. The dwelling units would consist of four (4) main buildings divided into eight (8) apartments, respectively. Two (2) apartment buildings would be located on the northwestern portion of the property, while two (2) apartment buildings, a swimming pool, Leasing office, and Manager’s office would be located on the southeastern portion of the property. The northeastern and southwestern portions of the property would be used for both carport and uncovered parking. Parking for the proposed project includes seventy-nine (79) total spaces. These parking spaces include forty-two (42) carport spaces and thirty-seven (37) uncovered spaces. Accessible parking spaces include two (2) carport spaces and three (3) uncovered spaces. Parking for electric vehicles includes ten (10) carport spaces and six (6) uncovered spaces. Two (2) spaces would be used for bicycle parking. The property would be landscaped with various trees, shrubs, and other vegetation. The proposed project includes thirteen (13) large trees and nineteen (19) small trees. These trees would provide approximately 18,000 square feet (sq ft) of shade. Security at the project site would include a six ft high block wall around perimeter of project as well as an automatic front gate with call box. The proposed project would also include the following: • Community patio and pool deck area • Solar carports • Multiple trash enclosures • Storage enclosure 3 Entitlements Environmental Assessment No. P21-06232 would require approval of the Development Permit. 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use North Medium High Density Residential RM-1 (Residential Multi-Family, Medium High Density) Apartments East Low Density Residential / Medium Low Density Residential RS-3 (Residential Single Family Low Density), RS-4 (Residential Single Family, Medium Low Density) Single Family Homes South Medium Low Density Residential RS-4 (Residential Single Family, Medium Low Density) Rural Residential Home West Medium Low Density Residential RS-4 (Residential Single Family, Medium Low Density) Single Family Home 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): City of Fresno (COF) Department of Public Works; COF Department of Public Utilities; COF Building and Safety Services Division; COF Fire Department; Fresno Metropolitan Flood Control District; County of Fresno Department of Public Health; San Joaquin Valley Air Pollution Control District; and, Local Agency Formation Commission (LAFCo). 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code (PRC) Section 21080.3.1? If so, has consultation begun? The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California 4 Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits. Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality. Pursuant to Senate Bill 18 (SB 18), Native American tribes traditionally and culturally affiliated with the project area were invited to consult regarding the project based on a list of contacts provided by the Native American Heritage Commission (NAHC). This list includes tribes that requested notification pursuant to Assembly Bill 52 (AB 52). The City of Fresno mailed notices of the proposed project to each of these tribes on [April 27, 2022 which included the required 90-day time period for tribes to request consultation, which ended on July 27, 2022. The tribes contacted included the Big Sandy Rancheria of Western Mono Indians, Chicken Ranch Rancheria of Me-Wuk Indians Cold Springs Rancheria of Mono Indians, Dumna Wo-Wah Tribal Government, Dunlap Band of Mono Indians, Kings River Choinumni Farm Tribe, Nashville Enterprise Miwok-Maidu-Nishinam Tribe, North Fork Mono Tribe, North Fork Rancheria of Mono Indians, North Valley Yokuts Tribe, North Valley Yokuts Tribe, Picayune Rancheria of Chukchansi Indians, Salinan Tribe of Monterey, San Luis Obispo Counties, Santa Rosa Rancheria Tachi Yokut Tribe, Table Mountain Rancheria, Traditional Choinumni Tribe, Tule River Indian Tribe, Tuolumne Band of Me-Wuk Indians, Wuksache Indian Tribe/Eshom Valley Band, and Xolon-Salinan Tribe. No comments were received. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: 5 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Agriculture and Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Energy ☐ Geology/Soils ☐ Greenhouse Gas Emissions ☐ Hazards and Hazardous Materials ☐ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services ☐ Recreation ☐ Transportation ☐ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ___ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. _X__ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ___ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required. ___ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. ___ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are 6 imposed upon the proposed project, nothing further is required. ___________________________________________________________________ Planner Name, Title Date EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN PROGRAM ENVIRONMENTAL IMPACT REPORT SCH NO. 2019050005 PREPARED FOR THE APPROVED FRESNO GENERAL PLAN (GP PEIR): Note to preparer: For projects that are consistent with the Fresno General Plan and Zoning (or where the zoning will be changed only for the purposes of achieving consistency with the General Plan), tiering pursuant to CEQA Guidelines Section 15152 may be used. If tiering will be used, please comply with the requirements of Section 15152(g). For projects that are not completely consistent with the Fresno General Plan and Zoning (i.e. projects that include a General Plan Amendment and/or Rezone), the provisions of CEQA Guidelines Section 15152 do not apply. However, the GP PEIR and its analysis may still be incorporated by reference to provide a basis for the project’s initial study, to address regional influences, secondary effects, cumulative impacts, and broad alternatives pursuant to CEQA Guidelines 15168(d). 1. For purposes of this Initial Study, the following answers have the corresponding meanings: a. “No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. b. “Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant. c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. For purposes of this Initial Study “mitigation incorporated into the project” means mitigation originally described in the GP PEIR and applied to an individual project, as well as mitigation developed specifically for an individual project. d. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration. Planner March 28, 2023 7 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 3. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from, "Earlier Analyses," as described in (6) below, may be cross-referenced). 6. Earlier analyses may be used where, pursuant to the tiering, Program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in the PEIR or another earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7. Lead agencies are encouraged to incorporate into the checklist references to 8 information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 9. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS – Except as provided in PRC Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock out- croppings, and historic buildings within a state scenic highway? X c) In non-urbanized areas, substantially degrade the existing visual character or quality public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X 9 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X DISCUSSION a) Have a substantial adverse effect on a scenic vista? and; There are no scenic vistas in the vicinity of the proposed Project. The immediate area is substantially developed with residential and quasi-public uses; therefore, no public scenic vista will be obstructed, and no scenic resources will be damaged by the development of the proposed project. There would be no impact. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no scenic resources, historic buildings, rock outcroppings, valuable vegetation, or state scenic highways in the vicinity of the proposed project. The immediate area is substantially developed with residential and quasi-public uses; therefore, no public scenic vista will be obstructed, and no scenic resources will be damaged by the development of the proposed project. There would be no impact. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The proposed project site is currently zoned as RS-4, and would be rezoned as RM- 1, consistent with the northern adjoining parcel. The proposed project would incorporate architectural features consistent with the surrounding area. To ensure privacy, adequate shade, and visual softening of the paving and architecture, the proposed project would provide landscaping with various trees, shrubs, and other vegetation around each dwelling unit, as well as along the street frontage. Therefore, the proposed project would not degrade the visual character or quality of the site and its surroundings, or conflict with the City’s regulations governing scenic quality. There would be a less than significant impact. 10 d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The proposed project would result in a new source of light or glare within the area. However, given that the majority of the proposed project site is already surrounded by existing urban, residential, and commercial development which already affects daytime and nighttime views in the area, no significant impact would occur. Furthermore, through the entitlement process, staff will ensure that lights are located in areas that would minimize light sources to the neighboring properties in accordance with mitigation measures of the PEIR. As a result, the proposed project would have a less than significant impact. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the aesthetic related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farm- land), as shown on the maps prepared pursuant to the Farmland Mapping and Monito- ring Program of the California Resources Agency, to non- agricultural use? X 11 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use? X DISCUSSION a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The proposed project site is a vacant 2.11-acre parcel. The proposed project site is designated as “Urban and Built-Up Land” by the California Important Farmland Finder Map (DOC 2022). The areas directly adjoining the proposed project site to the north, south, east, and west are also designated as “Urban and Built-Up Land”. The closest areas of designated “Prime Farmland”, “Farmland of Statewide Importance” and “Unique Farmland” are located approximately 0.6-1.5 miles to the northeast of the proposed project site. “Urban and Built-Up Land” is defined as “land 12 occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel.” Development of the proposed project site would not be converting Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Therefore, the proposed project would have no impact. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? The proposed project site is not currently under a Williamson Act contract or surrounded by parcels under a Williamson Act contract, nor is it zoned for agricultural uses or surrounded by parcels zoned for agricultural uses. Therefore, the proposed project would have no impact. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? The proposed project site is currently zoned as RS-4, and would be rezoned as RM- 1, consistent with the northern adjoining parcel (COF 2022), thus, the proposed project does not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. Therefore, the proposed project would result in no impact. d) Result in the loss of forest land or conversion of forest land to non-forest use? and; The proposed project site is currently zoned as RS-4, and would be rezoned as RM- 1, consistent with the northern adjoining parcel (COF 2022), thus, the proposed project does not conflict with existing zoning for, or cause rezoning of, forest land. Therefore, the proposed project would result in no impact. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? The proposed project site is currently zoned as RS-4, and would be rezoned as RM- 1, consistent with the northern adjoining parcel (COF 2022), thus, the proposed project does not conflict with existing zoning for, or cause rezoning of, farmland. Therefore, the proposed project would result in no impact. Mitigation Measure 13 1. The proposed project shall implement and incorporate the agriculture and forestry resource related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X SETTING 14 The subject site is located in the City of Fresno and within the San Joaquin Valley Air Basin (SJVAB). This region has had chronic non-attainment of federal and state clean air standards for ozone/oxidants and particulate matter due to a combination of topography and climate. The San Joaquin Valley (Valley) is hemmed in on three sides by mountain ranges, with prevailing winds carrying pollutants and pollutant precursors from urbanized areas to the north (and in turn contributing pollutants and precursors to downwind air basins). The Mediterranean climate of this region, with a high number of sunny days and little or no measurable precipitation for several months of the year, fosters photochemical reactions in the atmosphere, creating ozone and particulate matter. Regional factors affect the accumulation and dispersion of air pollutants within the SJVAB: Air pollutant emissions overall are constant throughout the year, yet the concentrations of pollutants in the air vary from day to day and even hour to hour. This variability is due to complex interactions of weather, climate, and topography. These factors affect the ability of the atmosphere to disperse pollutants. Conditions that move and mix the atmosphere help disperse pollutants, while conditions that cause the atmosphere to stagnate allow pollutants to concentrate. Local climatological effects, including topography, wind speed and direction, temperature, inversion layers, precipitation, and fog can exacerbate the air quality problem in the SJVAB. The SJVAB is approximately 250 miles long and averages 35 miles wide and is the second largest air basin in the state. The SJVAB is defined by the Sierra Nevada in the east (8,000 to 14,000 feet in elevation), the Coast Ranges in the west (averaging 3,000 feet in elevation), and the Tehachapi mountains in the south (6,000 to 8,000 feet in elevation). The Valley is basically flat with a slight downward gradient to the northwest. The Valley opens to the sea at the Carquinez Straits where the San Joaquin Sacramento Delta empties into San Francisco Bay. The Valley, thus, could be considered a "bowl" open only to the north. During the summer, wind speed and direction data indicate that summer wind usually originates at the north end of the Valley and flows in a south-southeasterly direction through the Valley, through Tehachapi pass, into the Southeast Desert Air Basin. In addition, the Altamont Pass also serves as a funnel for pollutant transport from the San Francisco Bay Area Air Basin into the region. During the winter, wind speed and direction data indicate that wind occasionally originates from the south end of the Valley and flows in a north-northwesterly direction. During the winter months, the Valley generally experiences light, variable winds (less than 10 mph). Low wind speeds, combined with low inversion layers in the winter, create a climate conducive to high carbon monoxide (CO) and particulate matter (PM10 and PM2.5) concentrations. The SJVAB has an "Inland Mediterranean" climate averaging over 260 sunny days per year. The Valley floor is characterized by warm, dry summers and cooler winters. For the entire Valley, high daily temperature readings in summer average 95° F. 15 Temperatures below freezing are unusual. Average high temperatures in the winter are in the 50s, but highs in the 30’s and 40’s can occur on days with persistent fog and low cloudiness. The average daily low temperature is 45°F. The vertical dispersion of air pollutants in the Valley is limited by the presence of persistent temperature inversions. Solar energy heats up the Earth's surface, which in turn radiates heat and warms the lower atmosphere. Therefore, as altitude increases the air temperature usually decreases due to increasing distance from the source of heat. A reversal of this atmospheric state, where the air temperature increases with height, is termed an inversion. Inversions can exist at the surface or at any height above the ground and tend to act as a lid on the Valley, holding in the pollutants that are generated here. DISCUSSION a) Conflict with or obstruct implementation of the applicable air quality plan? The San Joaquin Valley Air Pollution Control District (SJVAPCD) is the local regional jurisdictional entity charged with attainment planning, rulemaking, rule enforcement, and monitoring under Federal and State Clean Air Acts and Clean Air Act Amendments. Project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 tons/year ROG, and 15 tons/year PM10, and project specific criteria pollutant emissions would have no significant adverse impact on air quality. These values can be seen in Tables 1 and 2. Table 1: Criteria Pollutant Levels – Construction Criteria Pollutant Estimated (tons/year) Threshold (tons/year) Significance NOX 0.9933 10 LTS ROG 0.3918 10 LTS PM10 0.0834 15 LTS Source: CalEEMod.2020.4.0 Table 2: Criteria Pollutant Levels – Operational Criteria Pollutant Estimated (tons/year) Threshold (tons/year) Significance NOX 0.2287 10 LTS ROG 0.2804 10 LTS PM10 0.2622 15 LTS Source: CalEEMod.2020.4.0 The SJVAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the 16 above-noted pollutants in the future. The proposed Project will be subject to applicable SJVAPCD rules, regulations, and strategies. In addition, the project may be subject to the SJVAPCD Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The proposed Project does not meet the City’s thresholds to conduct an Air Quality Impact Analysis or SJVAPCD Indirect Source Review due to the low number of dwelling units and daily automobile trips created. The proposed Project would be small in comparison to typical subdivisions proposed in the Fresno/Clovis area and would be within a planning area that the City of Fresno has developed with residential and related uses in the past. Any emissions from construction equipment would be temporary in nature. Impacts would be less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? As stated previously, the proposed Project’s emissions of criteria pollutants are not expected to exceed SJVAPCD significance thresholds of 10 tons/year NOX, 10 tons/year ROG, and 15 tons/year PM10, and project specific criteria pollutant emissions would have no significant adverse impact on air quality. Due to the low number of dwelling units and trips generated by the proposed Project, no Air Quality Impact Analysis or SJVAPCD Indirect Source Review is needed to assess potential impacts. Therefore, impacts would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Due to the close proximity of other residential uses surrounding the proposed Project site, the proposed Project, as shown in Tables 1 and 2, would not expose sensitive receptors to substantial pollutant concentrations. A Health Risk Assessment for the proposed Project was not required due to the fact that the proposed Project was unlikely to produce any criteria pollutant at a level of 18.25 tons per year. Impacts would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? As stated previously, as shown in Tables 1 and 2, the proposed Project would not expose sensitive receptors to substantial emissions or odors. Impacts would be less than significant. Mitigation Measures 17 1. The proposed project shall implement and incorporate the air quality related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES – Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X 18 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X SETTING The proposed Project is located on a site where no urban development has occurred. Because of this, a biological study was prepared for this Initial Study, as mandated by the City of Fresno. Soar Environmental prepared a Biological Resource Assessment (Appendix A) for Fresno/Newbury LP in support of CEQA requirements. The proposed Project site is a flat parcel at an elevation between approximately 366 and 368 ft above mean sea level within the Clovis 7.5. Minute U.S.G.S. quadrangle and is bounded by residential development to the north, east and west. The soil type on the parcel is Ramona sandy loam (Rb) – hard substratum according to the USDA NRCS Soil Survey of Eastern Fresno Area, California. These are soils derived from granite and are not listed as hydric soils. The proposed Project site is a vacant field with a mixture of native and non-native grasses. There is a similar grassy lot adjacent to the south, which is also bounded on all other sides by residential development. Oak and evergreen trees are scattered throughout surrounding neighborhoods. Trees and shrubs sparsely surround the perimeter of the proposed Project site. Habitat conditions are unlikely to support listed wildlife or plant species. DISCUSSION 19 a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? The proposed Project site is located in an urban built-up area in the City of Fresno surrounded by urban development with access from an arterial street. According to the BRA conducted for the proposed Project, there would be no affect to any sensitive, special status, or candidate species, nor would it modify any habitat that supports them. There would be no impact. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? As stated in the BRA, there is no riparian habitat or any other sensitive natural community identified in the vicinity of the proposed project by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. There would be no impact. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? As stated in the BRA, no federally protected wetlands are located on the proposed Project site. There would be no impact. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The proposed Project site is located in an urban setting. There are no bodies of water on the subject site or in the immediate vicinity of the subject site. The proposed Project would have no impact on the movement of migratory fish or wildlife species or on an established wildlife corridor. There would be no impact. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The proposed Project would comply with all applicable local ordinances. According to the BRA conducted for the proposed Project, there is no suitable habitat for listed or special status species on the proposed Project site. There would be no impact. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 20 Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? There are no existing Habitat Conservation Plans or Natural Community Conservation Plans that pertain to the proposed Project site. There would be no impact to any adopted plan. Mitigation Measures 1. The proposed project shall implement and incorporate the biological resource related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X DISCUSSION a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? and; The proposed project site is not within a designated or proposed historic district, and there are no structures which exist on or within the immediate vicinity that are listed on or considered to be eligible for the National or Local Register of Historic Places. No Historic Resources Evaluation is required for the proposed Project due to the lack of historical resources in the Project area. Mitigation Measure CUL-1 included in the 21 Mitigation Monitoring Checklist would provide necessary protocols to reduce impacts to previously undiscovered resources. Therefore, the proposed project would not cause a substantial adverse change in the significance of any historical resource and would result in no impact. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? The proposed project site is not located within an archaeological resource site. No CHRIS Records Search was required due to the proposed Project taking place on previously disturbed land. Therefore, the proposed project would not cause a substantial adverse change in the significance of any historical or archaeological resource and would result in no impact. c) Disturb any human remains, including those interred outside of formal cemeteries? There is no evidence that human remains exist on the proposed project site, or surrounding area. However, due to the ground disturbing activities that will occur as a result of the proposed project, the relevant mitigation measures would be employed should any human remains be discovered in the process. Therefore, the proposed project would have no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the cultural resource related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. ENERGY – Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X 22 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X DISCUSSION a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? During construction of the proposed project, energy would be consumed in the form of petroleum-based fuels used to power construction vehicles and equipment on the proposed project site, construction worker vehicles and delivery truck trips to and from the proposed project site. Construction would consist of site preparation, grading, and the construction/installation of the proposed apartment buildings, swimming pool, offices, enclosures, and parking. There are no unusual project characteristics that would need construction equipment or practices that would be less energy efficient than at comparable construction sites in the region or State. Construction activity would be temporary, and its fuel consumption would cease upon construction completion. Further, any construction equipment requiring electrical power would be supplied by the property’s current PG&E supply. Due to the temporary nature of construction activities, the fuel and energy needed during project construction would not be considered a wasteful or inefficient use of energy. Therefore, it is expected that construction energy consumption associated with the proposed project would be comparable to other similar construction projects, and would therefore not be inefficient, wasteful, or unnecessary. Energy usage can be seen in Tables 3 and 4. Table 3: Operational Energy Usage – Electricity Land Use Electricity Use (kWh/yr) Total CO2 (MT/yr) CH4 (MT/yr) N2O (MT/yr) CO2e (MT/yr) Apartments Low Rise 132193 12.2310 1.9800e- 003 1.9800e- 003 12.3519 Source: CalEEMod.2020.4.0 Table 4: Operational Energy Usage – Natural Gas 23 Land Use Electricity Use (kBTU/yr) Total CO2 (MT/yr) CH4 (MT/yr) N2O (MT/yr) CO2e (MT/yr) Apartments Low Rise 436705 23.3042 4.5000e- 004 4.3000e- 004 23.4427 Source: CalEEMod.2020.4.0 During operation of the project’s proposed apartment complex, energy would be consumed in the form of petroleum-based fuels, fuel for staff and resident vehicles, and the property’s PG&E supply would be used for HVAC systems, electronic equipment and lighting. As part of the proposed project, Solar carports would be installed to generate power for use on site. The energy use from operation of the proposed project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources. Energy use from operation of the proposed project would be similar to other apartment complexes in the County. Therefore, the proposed project would result in a less than significant impact. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Due to the limited energy use that would result from the proposed project, it is not anticipated that the proposed project would conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Applicable energy plans include the 2022 California Department of General Services CALGreen Codes and the 2014 City of Fresno General Plan. As noted above, the proposed project would be similar to other apartment complexes in the City and County and would incorporate its own solar energy for use on site. Therefore, the proposed Project would result in no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the energy related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GEOLOGY AND SOILS – Would the project: a) Directly or Indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: X 24 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X 25 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X DISCUSSION a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Fresno has no known active earthquake faults and is not in any Alquist-Priolo Special Studies Zones. The immediate Fresno area has extremely low seismic activity levels, although shaking may be felt from earthquakes whose epicenters lie to the east, west, and south. Known major faults are over 50 miles distant and include the San Andreas Fault, Coalinga area blind thrust fault(s), and the Long Valley, Owens Valley, and White Wolf/Tehachapi fault systems. The most serious threat to Fresno from a major earthquake in the Eastern Sierra would be flooding that could be caused by damage to dams on the upper reaches of the San Joaquin River. As such, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. Therefore, the proposed project would result in no impact. ii. Strong seismic ground shaking? Although there are no known active earthquake faults in Fresno, the entire northern California region is subject to the potential for moderate to strong seismic shaking due to distant seismic sources. Seismic shaking can be generated on faults many miles from the proposed project vicinity. Seismic shaking potential is considered minimal, and the hazard is not higher or lower at the proposed project site than throughout the region. Standard design and construction practices meeting current California Building Code (where applicable) would provide adequate protection for the structures and related facilities proposed by the project. In compliance with these standards, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong 26 seismic ground shaking. Therefore, the proposed project would result in no impact. iii. Seismic-related ground failure, including liquefaction? Although located in a seismically active region (northern California), the proposed project site is not likely to be subject to seismic shaking of adequate strength or duration to generate secondary seismic effects. Likely seismic sources are too far from the proposed project site to generate sufficient long- duration strong shaking. Construction standards that meet the current California Building Codes (as applicable) would provide adequate protection for buildings and related facilities proposed by the project. In compliance with these standards, the proposed project will not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction. Therefore, the proposed project would result in no impact. iv. Landslides? The proposed project site and surrounding parcels are geologically flat with an elevation of approximately 368 feet above mean sea level. There are no documented landslide hazard areas identified within the immediate vicinity of the proposed project site that would have an impact on the proposed project. The proposed Project is located on an area of Ramona sandy loam soil (USDA WSS 2023). This soil is considered to be well drained and in a low runoff class. As such, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. Therefore, the proposed project would result in no impact. b) Result in substantial soil erosion or the loss of topsoil? Construction activities associated with the proposed project would include cut and fill grading, trenching, and removing and replanting trees and other vegetation. These activities would include ground disturbance which could potentially result in short-term soil erosion. However, because the proposed project footprint is greater than one (1) acre, it would be subject to the National Pollutant Discharge Elimination System (NPDES) permit requirements for construction site stormwater discharges and would comply with those requirements. A Storm Water Pollution Prevention Plan (SWPPP) is required to be prepared and implemented under these requirements, which includes appropriate erosion-control and water-quality-control measures during site preparation, grading, construction, and post-construction. Implementation of the SWPPP for the proposed project would minimize short-term erosion impacts. Long- term impacts of the proposed project would not result in substantial erosion, as the soils would be covered by buildings, pavement, vegetation, and landscaping. With the 27 implementation of MM GEO-2, proposed project impacts related to erosion would be less than significant after mitigation is incorporated. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? As discussed previously under subsection a), the proposed project would have no impact. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? Expansive soils are those that undergo a change in volume when exposed to fluctuations in moisture, causing shrinking when dry and swelling when moist. Such a change in volume can distort structural elements and damage structures. Typically, soils with high clay contents are most susceptible to these processes. There are no documented expansive soils located on the proposed project site. The proposed project site consists of primarily Ramona sandy loam, hard substratum, a soil composed of alluvium and derived from granite that is well drained. Thus, the proposed project would not be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. Therefore, the proposed project would result in no impact. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposed project must comply with all applicable building and development codes. State and local regulations require preparation for a site-specific soils study by a qualified, licensed engineering professional. Said soils study must be approved by the City Engineer and others to assure compliance with mandatory soils, geologic and related grading requirements. Therefore, in compliance with the relevant codes and regulations, the proposed project site would be capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater; no impact would result. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Paleontological resources are classified as nonrenewable scientific resources, such as vertebrate, invertebrate, and plant fossils. No paleontological resources, sites, or unique geologic features have been identified on the proposed project site, and the potential for their occurrence is considered minimal, as the entire proposed project 28 site has been previously disturbed. Therefore, the proposed project would result in no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the geology and soils related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. GREENHOUSE GAS EMISSIONS – Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X SETTING Gases that trap heat in the atmosphere are referred to as GHGs. The effect is analogous to the way a greenhouse retains heat. Common GHGs include water vapor, CO2, CH4, NOx, chlorofluorocarbons, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, ozone, and aerosols. Natural processes and human activities emit GHGs. The presence of GHGs in the atmosphere affects the earth's temperature. It is believed that emissions from human activities, such as electricity production and vehicle use, have elevated the concentration of these gases in the atmosphere beyond the level of naturally occurring concentrations. Climate change is a change in the average weather of the earth that is measured by alterations in wind patterns, storms, precipitation, and temperature. These changes are assessed using historical records of temperature changes occurring in the past, such as during previous ice ages. More recent climate change is assessed through measurements of temperatures at the surface and throughout the atmosphere, and from the sea which absorbs and stores heat from the atmosphere. 29 An individual project cannot generate enough GHG emissions to effect a discernible change in global climate. However, the project participates in the potential for global climate change by its incremental contribution of GHGs combined with the cumulative increase of all other sources of GHGs, which when taken together constitute potential influences on global climate change. GHGs do not generally produce direct health impacts like criteria air pollutants, but GHGs and associated climate change could affect the health of populations not only in the U.S., but also around the world. Potential impacts related to climate change include sea level rise that displaces populations, causes economic and infrastructure damage, disrupts agriculture, increases heat related illnesses, exacerbates the effects of criteria pollutants, spreads infectious diseases through proliferation of mosquitoes and other vectors carrying tropical diseases into temperate climate zones, and alters/endangers natural flora and fauna in terrestrial and aquatic environments. Of specific concern for the San Joaquin Valley is the potential for loss of snowpack in the Sierra Nevada and its effect on the region's water supply. DISCUSSION a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Tables 5 and 6 show estimated GHG emissions from the proposed Project. Table 5: Project GHG Emissions – Construction GHG Estimated (MT/yr) Threshold Significance CO2 150.6724 N/A N/A CH4 0.0280 N/A N/A N2O 8.5000e-004 N/A N/A CO2e 151.6256 BMPs LTS Source: CalEEMod.2020.4.0 Table 56: Project GHG Emissions – Operational GHG Estimated (MT/yr) Threshold Significance CO2 294.7031 N/A N/A CH4 0.2605 N/A N/A N2O 0.2605 N/A N/A CO2e 305.9108 BMPs LTS Source: CalEEMod.2020.4.0 As stated previously, in Section III, the proposed Project does not meet the City’s thresholds to conduct an Air Quality Impact Analysis or SJVAPCD Indirect Source 30 Review due to the low number of dwelling units and daily automobile trips created. The proposed Project would be small in comparison to typical subdivisions proposed in the Fresno/Clovis area and would be within a planning area that the City of Fresno has developed with residential and related uses in the past. Any potential emissions from construction equipment would be temporary in nature. Impacts would be less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The SJVAPCD has adopted a Climate Change Action Plan (CCAP), which includes suggested best performance standards (BPS) for proposed development projects. However, the SJVAPCD’s CCAP was adopted in 2009 and was prepared based on the State’s 2020 GHG targets, which are now superseded by State policies (i.e., the 2019 California Green Building Code) and the 2030 GHG targets, established in SB 32. As discussed above, the proposed project is consistent with the City’s GHG Reduction Plan Update. In addition, the proposed project was analyzed for consistency with the goals of AB 32 and the AB 32 Scoping Plan. The following discussion evaluates the proposed project according to the goals of AB 32, the AB 32 Scoping Plan, Executive Order (EO) B-30-15, SB 32, and AB 197. AB 32 is aimed at reducing GHG emissions to 1990 levels by 2020. AB 32 requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for meeting the 2020 deadline and to reduce GHGs that contribute to global climate change. The AB 32 Scoping Plan has a range of GHG reduction actions, which includes direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, market- based mechanisms such as a cap-and-trade system, and an AB 32 implementation fee to fund the program. EO B-30-15 added the immediate target of reducing GHG emissions to 40 percent below 1990 levels by 2030. CARB released a second update to the Scoping Plan, the 2017 Scoping Plan, to reflect the 2030 target set by EO B-30-15 and codified by SB 32. SB 32 affirms the importance of addressing climate change by codifying into statute the GHG emissions reductions target of at least 40 percent below 1990 levels by 2030 contained in EO B-30-15. SB 32 builds on AB 32 and keeps the State on the path toward achieving the 2050 objective of reducing emissions to 80 percent below 1990 levels. The companion bill to SB 32, AB 197, provides additional direction to the CARB related to the adoption of strategies to reduce GHG emissions. Additional direction in AB 197 intended to provide easier public access to air emissions data that are collected by CARB was posted in December 2016. As identified above, the AB 32 Scoping Plan contains GHG reduction measures that work towards reducing GHG emissions, consistent with the targets set by AB 32, EO B-30-15 and codified by SB 32 and AB 197. The measures applicable to the proposed 31 project include energy efficiency measures, water conservation and efficiency measures, and transportation and motor vehicle measures. As such, the proposed project would comply with existing State regulations adopted to achieve the overall GHG emissions reduction goals identified in AB 32 and would be consistent with applicable plans and programs designed to reduce GHG emissions. Therefore, the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs and impacts would be less than significant. Mitigation Measures 1. The proposed project shall implement and incorporate the greenhouse gas emission related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. HAZARDS AND HAZARDOUS MATERIAL – Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X 32 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X DISCUSSION a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Small quantities of potentially hazardous substances (e.g., petroleum and other chemicals used to operate and maintain equipment,) would be used during construction and operation of the proposed Project. Compliance with standard transport and handling procedures of the chemical manufacturers, and the existing regulatory requirements of the City would ensure that impacts from the proposed Project would be less than significant. 33 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? The proposed project could expose workers, the public, or the environment to hazardous materials through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Small quantities of potentially hazardous substances (e.g., petroleum and other chemicals used to operate and maintain equipment) would be used during construction and operation of the proposed project. Accidental releases of these substances could potentially contaminate soils and degrade the quality of surface water and groundwater, resulting in a public safety hazard. Compliance with standard safety procedures, and hazardous materials handling regulations would minimize potential impacts from the proposed project. Impacts would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The proposed Project is not located within 0.25-mile of an existing or proposed school. There would be no impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? There are no known existing hazardous material conditions on the site and the proposed Project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No hazardous materials cleanup sites are active within 5,000 feet of the proposed Project site (DTSC 2023). The proposed Project would not conflict with the City or County Hazard Mitigation Plans or emergency response plans. There would be no impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The proposed Project is not located within 2 miles of an existing or proposed airport or airport land use plan. There would be no impact. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 34 The proposed Project would comply with all local and state emergency response and evacuation plans. There would be no impact. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? The proposed Project is not located in a documented wildfire risk area. There would be no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the hazards and hazardous material related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. HYDROLOGY AND WATER QUALITY – Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: X i) Result in a substantial erosion or siltation on- or off-site; X 35 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site: X iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or X iv) impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X SETTING Fresno is one of the largest cities in the United States still relying primarily on groundwater for its public water supply. Surface water treatment and distribution has been implemented in the northeastern part of the City, but the city is still subject to an EPA Sole Source Aquifer designation. While the aquifer underlying Fresno typically exceeds a depth of 300 feet and is capacious enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, and a historic trend of high consumptive use of water on a per capita basis (some 250 gallons per day per capita), have resulted in a general decline in aquifer levels, increased cost to provide potable water, and localized water supply limitations. Fresno has attempted to address these issues through metering and revisions to the City's Urban Water Management Plan (UWMP). The Fresno Metropolitan Water Resource Management Plan, which has been adopted and the accompanying Final EIR 36 (SCH #95022029) certified. The purpose of these management plans is to provide safe, adequate, and dependable water supplies in order to meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and provide a plan of reasonably implementable measures and facilities. City water wells, pump stations, recharge facilities, water treatment and distribution systems have been expanded incrementally to mitigate increased water demands and respond to groundwater quality challenges. The adverse groundwater conditions of limited supply and compromised quality have been well documented by planning, environmental impact report and technical studies over the past 20 years including PEIR No. SCH 2012111015 for the Fresno General Plan, and EIR No. SCH 95022029 for the Fresno Metropolitan Water Resource Management Plan, et al. These conditions include water quality degradation due to dibromochloropropane (DBCP), arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring up gradient from the Fresno Metropolitan Area. In response to the need for a comprehensive long-range water supply and distribution strategy, the Fresno General Plan recognizes the Kings Basin's Integrated Regional Water Management Plan, Fresno-Area Regional Groundwater Management Plan, and City of Fresno Metropolitan Water Resource Management Plan and cites the findings of the City of Fresno 2010 Urban Water Management Plan (UWMP). The purpose of these management plans is to provide safe, adequate, and dependable water supplies to meet the future needs of the Kings Basin regions and the Fresno-Clovis metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. The proposed project is located within the north Fresno area where Urban Growth Management (UGM) is in place. There is currently a water connection fee program to support the development of water supply, treatment, conveyance, and recharge facilities. In accordance with the provisions of the Fresno General Plan and PEIR No. SCH 2012111015 mitigation measures, project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project. DISCUSSION a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? As a condition of approval, any pre-existing on-site domestic or agricultural water wells that may be on the site would be properly abandoned, in order to prevent the spread of contaminants from the ground surface or from shallow groundwater layers into deeper levels of the aquifer. As a condition of approval, any pre-existing septic systems would be properly abandoned in accordance with all applicable State and County Health standards 37 and regulations. The developer would be required to provide improvements which would convey surface drainage to Master Plan inlets and which will provide a path for major storm conveyance. When development permits are issued, the subject site would be required to pay drainage fees pursuant to the Drainage Fee Ordinance. Occupancy of this site would generate wastewater containing human waste, which is required to be conveyed and treated by the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. There would not be any onsite wastewater treatment system. The proposed project would be required to install sewer mains and branches, and to pay connection and sewer facility fees to provide for reimbursement of preceding investments in sewer trunks to connect this site to a publicly owned treatment works. There are no aspects of this project that would result in impacts to water quality beyond those analyzed in the Master Environmental Impact Report SCH No. 2012111015 for the Fresno General Plan. Impacts would be less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? The proposed Project includes the installation of impervious surfaces to facilitate the self- storage operation. Water service would be provided to the proposed Project by the City of Fresno. Based on the assumptions in the City’s UWMP, the proposed Project would not negatively impact water supplies or otherwise deplete groundwater supplies. Moreover, the proposed Project is not anticipated to interfere with groundwater recharge efforts being implemented by the City. The City’s UWMP contains a detailed evaluation of existing sources of water supply, anticipated future water demand, extensive conservation measures, and the development of new water supplies (recycled water, increased recharge, surface water treatment, etc.). Measures contained in the UWMP as well as the City’s General Plan are intended to reduce demands on groundwater resources by augmenting supply and introducing conservation measures and other mitigation strategies. Implementation of PEIR Mitigation Measure HYD – 2.1, which states that the City shall continue to be an active participant in the North Kings Groundwater Sustainability Agency to ensure that the Kings Subbasin has balanced levels of pumping and recharge will ensure that any impacts remain less than significant with mitigation implemented. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off-site? 38 The proposed project site is currently a vacant lot. The proposed project would add approximately 1.58-acres of new impervious surfaces. Due to the amount of total acreage disturbed, the proposed project would be required to implement MM GEO-2, a Stormwater Pollution Prevention Plan (SWPPP). Measures included in the SWPPP would reduce any potential erosion of siltation on or off-site. Impacts would be less than significant with mitigation incorporated. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? As stated previously, the proposed project site is currently a vacant lot. The proposed project would add approximately 1.58-acres of new impervious surfaces. Due to the amount of total acreage disturbed, the proposed project would be required to implement a Stormwater Pollution Prevention Plan (SWPPP). Measures included in the SWPPP would reduce any potential surface runoff on-site. Impacts would be less than significant with mitigation incorporated. iii. Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? The existing drainage on site was designed with capacity to serve the project with the existing residential medium low density land use. Therefore, mitigation has been provided that requires the developer to mitigate impacts of the increased runoff from the proposed medium high density residential type land use. The developer would be required to provide improvements which would convey surface drainage to Master Plan inlets and would provide a path for major storm conveyance. When development permits are issued, the subject site would be required to pay drainage fees pursuant to the Drainage Fee Ordinance. Impacts would be less than significant with mitigation incorporated. iv. Impede or redirect flood flows? According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone area. There would be no impact. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone or hazard area. There would be no impact. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? 39 Implementation of the Fresno General Plan policies, the Kings Basin Integrated Regional Water Management Plan, City of Fresno Urban Water Management Plan, Fresno-Area Regional Groundwater Management Plan, and City of Fresno Metropolitan Water Resource Management Plan and the applicable mitigation measures of approved environmental review documents will address the issues of providing an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. There would be no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the hydrology and water quality related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. LAND USE AND PLANNING – Would the project: a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X DISCUSSION a) Physically divide an established community? The proposed project does not have the potential to, nor does it propose to physically divide an established community. The proposed project site is within the Fresno City limits and within an urbanized area of the City of Fresno that includes the infrastructure necessary to serve the proposed development. Primary access to the proposed project site is provided via N Chestnut Avenue. Therefore, the proposed project would result in no impact. 40 b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The proposed project site is currently zoned RS-4 and designated as Rural Residential land use. The proposed project would require a rezone to RM-1 and a designation of medium high density residential land use, which would be consistent with the northern adjoining parcel. Objective UF-1 of the General Plan states: “Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types”. The proposed Project would complement the adjacent parcel to the north by adding additional multi-family housing in the area, while also creating diversity from other single-family homes in the vicinity. Considering that the proposed Project site has been previously disturbed and cleared of any valuable vegetation, and the geographical and geological lay of the land is not at high risk of natural impacts such as wildfire, flooding, soil inadequacy, etc., (as discussed in the relevant sections), the construction and operation of the proposed project would not cause a significant environmental impact due to this change in land use. Therefore, impacts from the proposed project would be less than significant. Mitigation Measures 1. The proposed project shall implement and incorporate the land use and planning related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. MINERAL RESOURCES – Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X DISCUSSION 41 a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? and; A mineral resource is land on which known deposits of commercially viable mineral or aggregate deposits exist. The designation is applied to sites determined by the California Geological Survey as being a resource of regional significance and is intended to help maintain any quarrying operations and protect them from encroachment of incompatible uses. The proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State. There would be no impact. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The proposed project would not result in the loss of availability of a locally important mineral resource recovery site. The proposed project site is not located in an area designated as an important mineral resource recovery site by a local general plan, specific plan, or other land use plan or by the State of California. Therefore, the proposed project would result in no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the mineral resource related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. NOISE – Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X 42 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Generation of excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X SETTING In developed areas of the community, noise conflicts often occur when a noise sensitive land use is located adjacent to a noise generator. Noise in these situations frequently stems from on-site operations, use of outdoor equipment, uses where large numbers of persons assemble, and vehicular traffic. Some land uses, such as residential dwellings, are considered noise sensitive receptors and involve land uses associated with indoor and/or outdoor activities that may be subject to stress and/or significant interference from noise. Generally, the three primary sources of substantial noise that affect the City of Fresno and its residents are transportation-related and consist of major streets and regional highways; airport operations at the Fresno Yosemite International, the Fresno-Chandler Downtown, and the Sierra Sky Park Airports; and railroad operations along the BNSF Railway and the Union Pacific Railroad lines. The project site is not located within the vicinity of any rail lines, the Fresno Yosemite Airport, or any other airport or private air strip. Potential noise sources at the project site would occur primarily from roadway noise from North Chestnut Avenue along the east of the proposed project site and stationary noise sources from the adjacent sites to the north, west, and south. The City of Fresno Noise Element of the Fresno General Plan establishes a land use compatibility criterion of 60dB DNL for exterior noise levels in outdoor activity areas of new residential developments. Outdoor activity areas generally include open areas, private patios, etc. of multiple family residential developments. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation. 43 Furthermore, the Noise Element also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. For stationary noise sources, the noise element establishes noise compatibility criteria in terms of the exterior hourly equivalent sound level (Leq) and maximum sound level (Lmax). The standards are more restrictive during the nighttime hours, defined as 10:00 p.m. to 7:00 a.m. The standards may be adjusted upward (less restrictive) if the existing ambient noise level without the source of interest already exceeds these standards. The Noise Element standards for stationary noise sources are: (1) 50 dBA Leq for the daytime and 45 dBA Leq for the nighttime hourly equivalent sound levels; and, (2) 70 dBA Lmax for the daytime and 65 dBA Lmax for the nighttime maximum sound levels. If the existing ambient noise levels equal or exceed these levels, mitigation is required to limit noise to the ambient noise level plus 5 dB. DISCUSSION a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? This mitigated negative declaration prepared for the proposed project is tiered from PEIR SCH No. 2012111015 prepared for the Fresno General Plan, which contains measures to mitigate projects' individual and cumulative noise impacts. Therefore, the purpose of this initial study is to evaluate potential project related impacts which were not evaluated fully within the scope of the PEIR. The subject site is currently vacant land. Therefore, it is reasonable to assume that the proposed project could result in an increase in temporary and/or periodic ambient noise levels on the subject property above existing levels. However, as discussed above, this increase in noise would be mitigated to an acceptable level. Some increases in ambient noise levels would occur during the time of construction, but project construction would be limited to normal business hours (7am to 7pm) to minimize the impact on the adjacent neighborhood. The construction of a project involves short-term, construction related noise. Pursuant to the Fresno General Plan PEIR, as set forth by Chapter 10, Article 1, Section 10-109 - Exemptions, the provisions of Article 1 - Noise Regulations of the FMC shall not apply to: Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. 44 Thus, although development activities associated with build-out of the Planning Area could potentially result in temporary or periodic increase in ambient noise levels in the project vicinity (as addressed in Impact NOl-4 of the PEIR), construction activity would be exempt from City of Fresno noise regulations, as long as such activity is conducted pursuant to an applicable construction permit and occurs between 7:00 a.m. and 10:00 p.m., excluding Sunday. Therefore, short-term construction impacts associated with the exposure of persons to or the generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies would be less than significant. Construction noise levels can be seen in Table 7. Table 7 – Anticipated Construction Noise Levels at 50 feet Construction Phase Duration (days) L(max) L(eq) Site Preparation 3 85 83.8 Grading 6 85 83.6 Building Construction 220 85 86.5 Paving 10 89.5 86.9 Architectural Coating 10 77.7 73.7 Source: CalEEMod v 2020.4.0, FHWA 2006 The subject property would be rezoned to RM-1/UGM, which allows for multiple family residential developments. Adjacent properties are comprised of a Christian community center to the south and residential land uses to the north, east, and west, which have similar noise level requirements during the day. Although the project would create some additional activity in the area, the project would be required to comply with all noise policies from the Fresno General Plan. It may be noted however that a six-foot high screening wall is required by the Fresno Municipal Code to be constructed on the interior lot lines where multi-family development of four or more units abuts a single-family residential district. In accordance with the requirements of the Fresno Municipal Code, a block wall along all shared property lines with existing single-family development is incorporated as part of the project design. This screening wall will further reduce potential noise intrusion upon surrounding residential uses. Further, a dense perimeter landscape is proposed to further screen neighboring residences from any noise produced on site. The wall and landscaping vegetation would also shield the residence from vehicle traffic noise from N Chestnut Ave. Upon completion of construction and occupancy of the proposed project, on-site operational noise would be generated mainly by on-site traffic and vehicles. However, the overall noise levels generated by operations are not expected to increase current noise levels beyond existing significance thresholds. Although the proposed project would create additional activity in the area, the proposed project would not include any stationary noise generators. All new construction would meet required setbacks from property lines 45 and would be separated by landscaping and a block wall. The proposed project would be required to comply with all noise policies from the Fresno General Plan and noise ordinance of the Fresno Municipal Code. Impacts would be less than significant. b) Generation of excessive groundborne vibration or groundborne noise levels? Construction activities associated with the development of the proposed project could expose persons or structures to groundborne vibration or increased noise levels. The PEIR for the Fresno General Plan references Caltrans standards to determine impacts. Caltrans considers a peak-particle velocity (ppv) threshold of 0.04 inches per second (in/sec) for continuous vibration as the minimum perceptible level for human annoyance of ground borne vibration. Continuous/frequent vibrations in excess of 0.10 in/sec ppv is defined as distinctly perceptible, with levels of .4 in/sec ppv can be expected to result in severe annoyance to people. Ground vibration generated by common construction equipment, including large tractors and loaded trucks, ranges from 0.089 ppv (in/sec) to 0.003 ppv (in/sec) at 25 feet. Given that much of the construction will take place more than 25 feet away from neighboring properties and the threshold for severe annoyance is so much higher than what is expected of construction equipment (0.4 compared to 0.089) the project's impact of groundborne vibrations would be less than significant. c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed project is not within an airport land use plan or within 2 miles of an airport. There would be no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the noise related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. POPULATION AND HOUSING – Would the project: 46 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X DISCUSSION a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project site is currently zoned RS-4 and would require a rezone to RM- 1, consistent with the northern adjoining parcel to allow for construction of the project’s proposed 32-unit multi-family apartment complex. These figures do not represent a substantial population growth. The proposed project site is surrounded by urban uses, remaining as an infill site with all services such as sewer and water already constructed to serve the site and surrounding area. Therefore, the proposed project would not directly or indirectly induce substantial unplanned population growth in the area and would result in a less than significant impact. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? The proposed project does not have the potential to displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere, as the proposed project site is currently vacant. Therefore, the proposed project would have no impact. Mitigation Measures 47 1. The proposed project shall implement and incorporate the population and housing related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. PUBLIC SERVICES – Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: X Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X DISCUSSION a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? and; The proposed Project site is located within an existing residential neighborhood and would comply with the applicable service delivery requirements necessary 48 to provide no less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. Fresno City Fire Department Stations 17 and 13 are 2.2 and 2.5 miles from the proposed Project site, respectively. Policy PU-2-E of the General Plan states that an effective first response time is a minimum of three firefighters to the scene within 5 minutes and 20 seconds. The proposed Project would not interfere with these standards. Impacts would be less than significant. ii. Police protection? The proposed Project site is located within an existing residential neighborhood and would comply with the applicable service delivery requirements necessary to provide no less than the minimum acceptable level of police protection facilities and services appropriate for urban uses. Northeast Policing District Station is 1.3 miles from the proposed Project site. Policy PU-1-G of the General Plan establishes a goal of 1.5 unrestricted officers per 1,000 residents. The proposed Project would not substantially raise the population of the area. Therefore, impacts would be considered less than significant. iii. Schools? and; The City of Fresno is made up of four major Unified School Districts. Combined, the public school districts have the capacity to serve 144,000 school aged children between the grades of K-12, and private schools can serve another 4,200 students. With 136,000 students currently in the public school districts, there remains space for up to 8,000 additional students. Clovis, Fresno, Central and Sanger USDs are planning new schools to increase student capacities as they plan for future growth in the Fresno Planning Area. The City of Fresno has several schools in the vicinity of the proposed Project: School Address Distance Maple Creek Elementary 2025 E Teague Ave 0.5 miles Kastner Intermediate 7676 N First Street 2.03 miles Clovis West High 1070 E Teague Ave 1.26 miles Copper Hills Elementary 1881 E Plymouth Ave 1.33 miles Riverview Elementary 2491 E Behymer Ave 1.24 miles Granite Ridge Intermediate 277 E International Ave 1.96 miles Clovis North High 2770 E International Ave 2.02 miles Garfield Elementary 1315 N Peach Ave 1.33 miles Alta Sierra Vista Intermediate 380 W Teague Ave 1.18 miles Buchannan High 1560 N Minnewawa Ave 1.49 miles 49 The application was provided to the Clovis Unified School District for review and comment. Correspondence from CUSD dated September 20, 2022, indicates that Maple Creek Elementary, Kastner Intermediate, and Clovis West High have sufficient capacity to serve the project at the time of their review. The letter indicated based on overall growth in the District and the District Plans for construction of new school facilities, it’s possible that adjustment of attendance areas could require students in the project area attend a different elementary school other than the elementary school provided, and that students may attend more than one elementary school during those years. The letter also described applicable school facilities fees that the project will be required to contribute towards. While the development of the proposed Project could attract families that may have school age children who contribute to the total student enrollment in these schools, the implementation of the proposed Project would not result in a significant increase in the number of families or school-age children or cause a significant environmental impact as a result. The proposed Project would be subject to and comply with all relevant school impact fees. Therefore, the potential impacts are considered less than significant. iv. Parks? In 2008, the City Council approved the Urban Growth Management Impact Fee and Reimbursement policy. The current citywide park fee is based upon a ratio of 3.0 acres per 1,000 residents; this was established under the City’s previous Urban Growth Management Program and 1989 Master Plan for Parks and Recreation. This 3.0-acre parkland standard was maintained through the adoption of the 2025 Fresno General Plan, the subsequent Park Facilities Impact Fee & Parkland Dedication Study, and the adoption of the citywide park Facilities Fee ordinance. The proposed Project would comply with this ordinance. The City of Fresno has various parks in the vicinity of the proposed Project. While the development of the proposed Project could attract families that may wish to use these parks, the implementation of the proposed project would not result in a significant increase in the number of families or school-age children or cause a significant environmental impact as a result. The proposed Project would be subject to and comply with all relevant park impact fees. Therefore, the potential impacts are considered less than significant. v. Other public facilities? 50 The proposed project would comply with the requirements of relevant local departments and districts to ensure minimal impact to existing facilities which currently serve the proposed project site. Therefore, the potential impacts are considered less than significant. Mitigation Measures 1. The proposed project shall implement and incorporate the public service related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X DISCUSSION a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed project would not result in substantial physical deterioration of existing neighborhood and regional parks or other recreational facilities, as the project does not propose a land use that would add significant new numbers of people to the area. The proposed Project would be subject to and comply with all relevant park impact fees. Therefore, the proposed project would result in no impact. 51 b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? The proposed project includes a swimming pool which will be constructed and maintained in compliance with applicable state and local regulations and would not have an adverse physical effect on the environment. Therefore, the proposed project would result in no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the recreation related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRANSPORTATION – Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X SETTING The subject site is comprised of approximately 2.11 acres of property located on the west side of N Chestnut Ave between E Teague and E Shepherd Avenues. The subject site location is adjacent to low and medium density residential and open space (developed 52 with a Christian community center) land uses which provide for a pattern of development with the potential to increase the number of average daily vehicle trips. In the Fresno General Plan, N Chestnut Avenue is designated as a four-lane, divided, arterial street, which has a primary purpose of moving traffic between collector streets and to or from freeways and expressways. The proposed project proposes to re-zone the subject property from the RS-4/UGM (Residential Single Family, Medium low Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multiple Family, Medium High Density/Urban Growth Management) zone district. The rezone would increase the traffic volume. The trips would be directed onto N Chestnut Ave, an existing four-lane divided arterial street adjacent to the property according to the Fresno General Plan and the Woodward Park Community Plan. DISCUSSION a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? A Trip Generation Analysis dated March 11, 2022, was completed by JLB Engineering, Inc. for the proposal to construct 32 multi-family residential units. The development is expected to generate a maximum of approximately 234 daily trips. Of these vehicle trips, it is projected that fifteen (15) would occur during the morning (7 to 9 a.m.) peak hour travel period and eighteen (18) would occur during the evening (4 to 6 p.m.) peak hour travel period. The comparison of the projected trips over the existing trips is a maximum difference of 121 total trips, six (6) morning peak hour, and six (6) evening peak hour trips. The proposed project site is located in Traffic Impact Zone (TIZ) Ill which allows for 100 peak hour trips to be generated by a project before a Traffic Impact Study is required. Because the proposed project is projected to generate less than 100 peak hour trips, a Traffic Impact Study was not required and considered the change in traffic to be negligible. Impacts would be less than significant. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact. The State CEQA Guidelines were amended to implement SB 743, by adding Section 53 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities is no longer a relevant CEQA criteria for transportation impacts. CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, dated June 25, 2020, pursuant to Senate Bill 743 to be effective of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds. The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis. These criteria may be size, location, proximity to transit, of trip making potential. In general development projects that are consistent with the City's General Plan and Zoning and that that meet one or more of the following criteria can be screened out from a quantitative VMT analysis. 1. Project Located in a Transit Priority Area/High Quality Transit Corridor (within 0.5 miles of a transit stop). 2. Project is Local-serving Retail of less than 50,000 square feet. 3. Project is a Low Trip Generator (Less than 500 average daily trips. 4. Project has a High Level of Affordable Housing Units 5. Project is an institutional/Government and Public Service Uses 6. Project is located in a Low VMT Zone The City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone, none of the screening criteria may apply, and that the City must evaluate such projects on a case-by- case basis. Here the Project includes both a General Plan Amendment and a Rezone 54 and does not meet the screening criteria. As such, a quantitative VMT analysis is required. For projects that are not screened out, a quantitative analysis of VMT impacts must be prepared and compared against the adopted VMT thresholds of significance. The Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects, and land use plans. These thresholds of significance were developed using the County of Fresno as the applicable region, and the required reduction of VMT (as adopted in the Fresno VMT Thresholds) corresponds to Fresno County’s contribution to the statewide GHG emission reduction target. In order to reach the statewide GHG reduction target of 15%, Fresno County must reduce its GHG emissions by 13%. The method of reducing GHG by 13% is to reduce VMT by 13% as well. VMT is simply the product of a number of trips and those trips’ lengths. The first step in a VMT analysis is to establish the baseline average VMT, which requires the definition of a region. The CEQA Guidelines for Vehicle Miles Traveled Thresholds for the City of Fresno (June 25, 2020) provide that the Fresno County average VMT per capita (appropriate for residential land uses) and employee (appropriate for office land uses) are 16.1 VMT per capita and 25.6 VMT per employee, respectively. The City’s threshold targets a 13% reduction in VMT for residential and office land uses. The City’s adopted thresholds for development projects correspond to the regional thresholds set by the Fresno Council of Governments (COG). For residential and non- residential (except retail) development projects, the adopted threshold of significance is a 13% reduction, which means that projects that generate VMT in excess of a 13% reduction from the existing regional VMT per capita or per employee would have a significant environmental impact. Projects that reduce VMT by more than 13% are less than significant. For retail projects, the adopted threshold is any net increase in VMT per employee compared to existing VMT per employee. Per the City of Fresno VMT Guidelines, Project VMT may be calculated using the Fresno COG VMT Calculation Tool for residential projects having less than or equal to 500 dwelling units or office projects having less than or equal to 375 employees. Because this project is for multi-family residential and there are less than 500 dwelling units, the Fresno COG VMT Analysis Tool was used to determine the Project VMT. Quantitative assessments of the VMT generated by the Project have been determined using the Fresno COG VMT Analysis Tool. The number of units and location were entered to conduct a Project-specific VMT analysis using the Fresno COG VMT Analysis Tool. Based on the output, the Project is expected to have a VMT of 12.9 per capita and does not exceed the City’s VMT threshold of 16.01 VMT per capita. Based on these results, there is not a significant impact to VMT associated with this Project pursuant to the City of Fresno VMT analysis guidelines concerning consistency with CEQA Guidelines Section 15064.3(b). 55 Additionally, had the proposed project not required a general plan amendment or rezone, the development of the 32 unit apartment project would have otherwise been eligible to screen out because it would have been considered a low trip generator due to the project proposing a total of 234 Active Daily Trips, which is below the threshold of 500 ADT. In conclusion, the Project will result in a less than significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b). c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed project does not include any potentially hazardous design features related to transportation. There would be no impact. d) Result in inadequate emergency access? The proposed project would comply with all applicable accessibility requirements for emergency vehicles. There would be no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the transportation related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRIBAL CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: X 56 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC section 5020.1(k), or, X ii) A resource determined by the lead agency, in its discretion and supported by substantial evi- dence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1. In applying the criteria set forth in subdivision (c) of PRC section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X DISCUSSION a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or As mentioned in section 3.5, the proposed project site is not within a designated or proposed historic district, and there are no structures which exist on or within the immediate vicinity that are listed on or considered to be eligible for the National or Local Register of Historic Places. Due to the proposed Project taking place on previously disturband land, no CHRIS records search was required. Therefore, the proposed project would not cause a substantial adverse change in the significance of a tribal cultural resources listed in or eligible for listing in the NRHP, CRHR, CHL, or a local register, and the proposed project would result in no impact. 57 ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. There are no known Native American resources within or adjacent to the proposed project site. Given that the proposed project site has previously been disturbed, there is a low potential for encountering unrecorded TCRs. As noted in the sections above, several tribes were contacted in accordance with SB18 and AB52, The tribes contacted included the Big Sandy Rancheria of Western Mono Indians, Chicken Ranch Rancheria of Me-Wuk Indians Cold Springs Rancheria of Mono Indians, Dumna Wo-Wah Tribal Government, Dunlap Band of Mono Indians, Kings River Choinumni Farm Tribe, Nashville Enterprise Miwok-Maidu-Nishinam Tribe, North Fork Mono Tribe, North Fork Rancheria of Mono Indians, North Valley Yokuts Tribe, North Valley Yokuts Tribe, Picayune Rancheria of Chukchansi Indians, Salinan Tribe of Monterey, San Luis Obispo Counties, Santa Rosa Rancheria Tachi Yokut Tribe, Table Mountain Rancheria, Traditional Choinumni Tribe, Tule River Indian Tribe, Tuolumne Band of Me- Wuk Indians, Wuksache Indian Tribe/Eshom Valley Band, and Xolon-Salinan Tribe. No comments were received. In the event that a TCR is discovered on site, the relevant mitigation measures will take effect. Therefore, the proposed would not cause a substantial adverse change in the significance of a tribal cultural resource determined to be significant, and the proposed project would result in no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the tribal cultural resource related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project: 58 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effect? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X DISCUSSION 59 a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? The proposed project would be served by existing utility and service systems available to the site subject to the payment of any applicable connection charges and/or fees; compliance with the Department of Public Utilities standards, specifications, and policies; the rules and regulations of the California Public Utilities Commission and California Health Services; and implementation of the City-wide program for the completion of incremental expansions to facilities for planned water supply treatment, and storage. Power to the proposed project would by supplied by PG&E. The subject site is not located within a flood prone or hazard area, however, the existing drainage system was designed with capacity to serve the project with the existing residential medium low density land use. Therefore, mitigation has been provided that requires the developer to mitigate impacts of the increased runoff from the proposed medium high density residential type land use. The developer would be required to provide improvements which would convey surface drainage to Master Plan inlets and which would provide a path for major storm conveyance. When development permits are issued, the subject site would be required to pay drainage fees pursuant to the Drainage Fee Ordinance. The proposed project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. The Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) has a treatment capacity of 88 mgd and treats an average of 68 mgd (COF 2022). The proposed project’s estimated water use would be a negligible increase to existing conditions. Impacts would be less than significant. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? The Fresno Urban Water Management Plan (UWMP) is updated every five years and outline each suppliers’ long-term water resource planning to ensure there is enough water to meet both existing and future demands. The UWMP sets the roadmap for how the City will use water over the coming years. The 2020 Fresno UWMP stated a water usage goal of 247 gallons per-day per-capita (GPCD). The water service area in 2020 was estimated to be approximately 550,217 residents. The water use by the proposed Project over a year of operation is estimated to be approximately 3.4 million gallons for an estimated 92 residents. This leads to an estimated water usage of approximately 101 GPCD for the proposed Project, which would be well below any current or future water usage goals. 60 As stated previously, the proposed project would be served by existing utility and service systems available to the site subject to the payment of any applicable connection charges and/or fees; compliance with the Department of Public Utilities standards, specifications, and policies; the rules and regulations of the California Public Utilities Commission and California Health Services; and implementation of the City-wide program for the completion of incremental expansions to facilities for planned water supply treatment, and storage. The proposed Project site is located in an existing neighborhood with existing utility and service systems. Impacts would be less than significant. c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) has a treatment capacity of 88 mgd and treats an average of 68 mgd. As stated previously, the proposed Project would use approximately 3.4 million gallons of water over the course of an operational year. The proposed project’s estimated water use would be a negligible increase to existing conditions. Impacts would be less than significant. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? The American Avenue Landfill has a maximum permitted throughput of 2,200 tons per day, and a remaining capacity of over 29.3 million cubic yards (CalRecycle 2018). The proposed Project is estimated to create approximately 14.7 tons of solid waste per year. While the proposed project would result in an increase in solid waste generation over existing conditions, the amount would be considered negligible, and the American Avenue Landfill would have adequate capacity. Therefore, the proposed project would result in a less than significant impact. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? The proposed project would comply with all applicable regulations related to solid waste. Therefore, the proposed project would result in no impact. Mitigation Measures 1. The proposed project shall implement and incorporate the utilities and service systems related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated 3/18/2022. 61 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X DISCUSSION a) Substantially impair an adopted emergency response plan or emergency evacuation plan? The proposed project site is not located within a State Responsibility Area. Use of the proposed project site during construction and operation will not impair any adopted emergency response or evacuation plans and would result in no impact. 62 b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? The proposed project site and surrounding parcels are on geologically flat land and are not in an area classified as very high FHSZ. Therefore, the proposed project would not exacerbate wildfire risks or expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. The proposed project would result in no impact. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? The proposed project does not include the addition of new roads, fuel breaks, emergency water sources, power lines, or other utilities, and would therefore not exacerbate fire risk or result in temporary or ongoing impacts to the environment. The proposed project would result in no impact. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The location of the proposed project does not fall within a Federal Emergency Management Agency (FEMA) flood hazard area, nor are there any sheer or unstable cliffs in the immediate area. Neither the occupants nor the structures would be exposed to significant risks from flooding or landslides as a result of post-fire runoff. Therefore, the proposed project would result in no impact. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. MANDATORY FINDINGS OF SIGNIFICANCE 63 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X DISCUSSION a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? 64 The proposed project does not have the potential to significantly degrade the quality of the environment or reduce the habitat of wildlife species and will not threaten plant communities or endanger any floral or faunal species. Furthermore, the project has no potential to eliminate important examples of major periods in history. Impacts would be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Given the dense urban landscape surrounding the proposed project the cumulative impacts from this infill development project are not expected to be significant. This development is resulting in the loss of less than 2.5 acres of previously disturbed and cleared urban undeveloped land. The loss of the property does not involve the loss of regionally important plant communities, such as native oak woodlands or vernal pool wetlands, or represent the loss of wildlife habitat in the form of native grassland or riparian woodland. The proposed project provides regionally abundant and low quality wildlife and native plant potential habitat. Impacts would be less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Therefore, as noted in preceding sections of this Initial Study, there is no evidence in the record to indicate that incremental environmental impacts facilitated by this project would be cumulatively significant. There is also no evidence in the record that the proposed project would have any adverse impacts directly, or indirectly, on human beings. Impacts would be less than significant. Exhibit K – Additional Studies (Trip Generation Analysis, Noise Study, Biological Resource Assessment) www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 March 11, 2022 Mr. Harmanjit Dhaliwal, P.E. City of Fresno 2600 Fresno Street Fresno, CA 93721-3616 Via Email Only: Harmanjit.Dhaliwal@fresno.gov Subject: Trip Generation Analysis for the Chestnut Avenue General Plan Amendment located in the City of Fresno (JLB Project No. 004-156) Dear Mr. Dhaliwal, JLB Traffic Engineering, Inc. (JLB) has completed a Trip Generation Analysis (TGA) for the 8715 North Chestnut Avenue General Plan Amendment (Project) located on the west side of the intersection of Chestnut Avenue and Warwick Avenue in the City of Fresno. The Project proposes to develop a 2.11- acre site with 32 multi-family residential units. Based on information provided to JLB, the proposed Project will undergo a General Plan Amendment to modify the land use from Medium Low Density Residential to RM-1 Medium High Density Residential. The purpose of the TGA is to evaluate the potential difference in traffic generation of the proposed Project and that which could otherwise be developed per the Fresno General Plan. The TGA will focus primarily on comparing the anticipated driveway trip generation during a weekday, AM peak hour and PM peak hour of the Project and that which could otherwise be developed consistent with the City of Fresno General Plan land use designation. Project Description The Project proposes to develop approximately 2.11 acres with up to 32 multi-family residential units. Per information provided to JLB, the proposed Project will undergo a General Plan Amendment to modify the land use from Medium Low Density Residential to RM-1 Medium High Density Residential. Figure 1 presents the latest Project Site Plan. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Chestnut Avenue General Plan Amendment - City of Fresno Trip Generation Analysis March 11, 2022 Figure 1: Project Site Plan www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Chestnut Avenue General Plan Amendment - City of Fresno Trip Generation Analysis March 11, 2022 Project Trip Generation Trip generation rates for the proposed Project were obtained from the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table I presents the trip generation for the proposed Project with trip generation rates for 32 multi-family residential units. At buildout, the proposed Project is estimated to generate a maximum of 234 daily trips, 15 AM peak hour trips and 18 PM peak hour trips. Table I: Project Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Multifamily Housing (220) 32 d.u. 7.32 234 0.46 23 77 3 12 15 0.56 63 37 11 7 18 Total Project Trips 234 3 12 15 11 7 18 Note: d.u. = Dwelling Units General Plan Trip Generation The General Plan proposes that the Project site be developed with Single-Family Detached Housing units under the Medium Low Density Residential land use (3.5 to 6 dwelling units per acre). For purposes of this comparison, it is assumed that the Project site is developed according to the maximum single-family range allowable under the Medium Low Density Residential of 6 dwelling units per acre. Therefore, this site could be developed with a maximum of 12 Single-Family Detached Housing units (maximum of 6 dwelling units per acre * 2.11 net acres = 12.66 units). Table II presents the trip generation of that which could otherwise be developed consistent with the General Plan with trip generation rates for 12 Single- Family Detached Housing units. Consistent with the General Plan, the Project site is anticipated to generate a maximum of 113 daily trips, 9 AM peak hour trips and 12 PM peak hour trips. Table II: General Plan Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Single-Family Detached Housing (210) 12 d.u. 9.44 113 0.74 25 75 2 7 9 0.99 63 37 8 4 12 Total Project Trips 113 2 7 9 8 4 12 Note: d.u. = Dwelling Units www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Chestnut Avenue General Plan Amendment - City of Fresno Trip Generation Analysis March 11, 2022 Trip Generation Comparison Compared to that which could be developed consistent with the General Plan, the proposed Project is estimated to generate more traffic by 121 daily trips, 6 AM peak hour trips and 6 PM peak hour trips. The trip generation comparison between the proposed Project and the General Plan is available in Table III. Table III: Difference in Trip Generation Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Total In Out Total In Out Total Project 234 3 12 15 11 7 18 General Plan 113 2 7 9 8 4 12 Difference in Trip Generation 121 1 5 6 3 3 6 Transportation Impact Study Needs Per the Fresno Traffic Impact Study Report Guidelines, a Transportation Impact Study (TIS) Report for a Project may be required when the following thresholds are met: 1. When project-generated traffic is expected to be greater than 100 vehicle trips during any peak hour. 2. When a project includes a General Plan Amendment (GPA) which changes the land use. 3. When the project traffic will substantially affect an intersection or roadway segment already identified as operating at an unacceptable level of service. 4. When the project will substantially change the offsite transportation system or connection to it, as determined by the Traffic Engineering Manager. Moreover, the Fresno General Plan has established four (4) Traffic Impact Zones (TIZs) within the City of Fresno to assist with areas being incentivized for development. In the City of Fresno, all developments within TIZ-I maintain a LOS standard of F and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. In addition, all developments within TIZ-II maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Also, all developments within TIZ-III maintain a LOS standard of D and require a Traffic Impact Study (TIS) when projected to generate greater than 100 peak hour new vehicle trips. Lastly, all developments within TIZ- IV maintain a LOS standard of E and require a TIS when projected to generate greater than 200 peak hour new vehicle trips. Considering the Project is located within TIZ-III and its anticipated trip generation will not exceed 20 peak hour trips, a TIS would likely not be necessary. As a result, the preparation of a TIS beyond that which is included in this technical letter is not recommended. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Chestnut Avenue General Plan Amendment - City of Fresno Trip Generation Analysis March 11, 2022 Conclusions and Recommendations Conclusions and recommendations presented below regarding the Project located on the west side of the intersection of Chestnut Avenue and Warwick Avenue in the City of Fresno are based on the results of the TGA. • The proposed Project will undergo a General Plan Amendment to modify the land use from Medium Low Density Residential (3.5 to 6 dwelling units per acre) to RM-1 Medium High Density Residential. • At buildout, the proposed Project is estimated to generate approximately of 234 daily trips, 15 AM peak hour trips and 18 PM peak hour trips. • Consistent with the General Plan, the Project site could be developed with up to 12 single family residential units and approximately of 113 daily trips, 9 AM peak hour trips and 12 PM peak hour trips. • Compared to that which could be developed consistent with the General Plan, the proposed Project is estimated to generate more traffic by 121 daily trips, 6 AM peak hour trips and 6 PM peak hour trips. • The proposed Project is not substantially changing the offsite transportation system or connections to it. • Based on the findings and knowledge of the proposed Project’s surrounding area, JLB believes that this TGA satisfies the City’s requirements for the proposed Project to be processed. • While the proposed Project will not have a significant change in traffic to warrant the completion of a detailed TIS, City of Fresno staff must make the final determination. If you have any questions or require additional information, please contact me via phone at (559) 570- 8991, or via email at jbenavides@jlbtraffic.com. Sincerely, Jose Luis Benavides, P.E., T.E. President Z:\01 Projects\004 Fresno\004-156 Chestnut TGA\Letter\L03112022 Chestnut TGA.docx From: Harmanjit Dhaliwal Sent: Tuesday, April 05, 2022 5:38 PM To: Thomas Veatch Cc: Phillip Siegrist Subject: RE: P22-01086 P21-06232 - TIS question Categories: From/To Mangement Good Afternoon Thomas, We have a had discussions with JLB regarding when an official study would be required. In this instance we would not ask for a study, but since there is a General Plan Amendment/Rezone, we would require the Trip Comparison Letter as they are submitting. Thanks, Harmanjit Dhaliwal, PE Supervising Professional Engineer Traffic Operations & Planning Division, Public Works Department 2600 Fresno Street, Room 4064 Fresno, CA 93721-3623 Direct: (559) 621-8694 Main: (559) 621-8800 www.fresno.gov Building a Better Fresno From: Thomas Veatch <Thomas.Veatch@fresno.gov> Sent: Tuesday, April 05, 2022 4:43 PM To: Harmanjit Dhaliwal <Harmanjit.Dhaliwal@fresno.gov> Cc: Phillip Siegrist <Phillip.Siegrist@fresno.gov> Subject: P22-01086 P21-06232 - TIS question Hi Harman, I have an application for a Development Permit and General Plan Amendment/Rezone in completeness review for a proposed 32 unit apartment complex. They are stating that a trip generation report is enough because peak hour trips is low. Is a TIS required regardless because it involves the GPA/Rezone, or is there discretion on if it’s required or not? Project Description: General Plan Amendment/Rezone Application P21-06232 is proposed to rezone subject property from RS-4 (Residential Single Family, Medium Low Density) to RM-1 (Residential Multi-family - Medium High Density) for a proposed apartment project. Related Development Permit Application No. P21-06232 which was filed by John Ashley of Fresno/Newbury LP and pertains to ±2.20 acres of property generally located on the west side of North Chestnut Avenue between the intersections of East Shepherd and East Teague Avenues, at 8175 North Chestnut Avenue (APN: 403-532-28). The applicant proposes a 32 unit apartment complex consisting of 4 5,750 square foot two-story buildings and a 1,069 sq foot leasing and managers office on a vacant parcel. In addition, on and off-site improvements are proposed including but not limited to a new drive approach, 79 new parking stalls, pool, trash enclosures, landscaping, curb, gutter, and sidewalks. Thomas Veatch Thomas.Veatch@fresno.gov 559 621 8076 Planner City of Fresno, Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 March 15, 2022 John Ashley FRESNO/NEWBURY LP 1554 Shaw Ave Clovis, CA 93611 Subject: Noise Study: Proposed 32 Unit Apartment Complex, 8715 N. Chestnut Avenue, Clovis, CA 93619 Dear Mr. Ashley: Soar Environmental Consulting, Inc. is pleased to submit Fresno/Newbury LP the enclosed CalEEMod Noise Study for your proposed 32 Unit Apartment Complex in Clovis, CA. Soar Environmental is grateful for the time and effort in providing us with preliminary information. Our environmental professional team performed this assessment under my supervision in accordance with generally accepted environmental practices and procedures, as of the date of this report. I declare that, to the best of my professional knowledge and belief, I meet the definition of environmental professional as defined in 312.10 of 40 CFR 312. I have employed the degree of care and skill ordinarily exercised under similar circumstances by reputable environmental professionals practicing in this area. The conclusions contained within this assessment are based upon site conditions readily observed or were reasonably ascertainable. Soar Environmental Consulting, Inc. appreciates the opportunity to be of service to Fresno/Newbury LP. We look forward to providing you with further services in the future. Please notify us if you have questions or need additional assistance. Respectfully submitted, Soar Environmental Consulting, Inc. Matthew D. Fidel, MS Env. Engineering Enclosure: CalEEMod Noise Study NOISE STUDY PROPOSED 32 UNIT APARTMENT COMPLEX 8715 N. Chestnut Avenue, Clovis, CA 93619 FRESNO/NEWBURY LP 1554 Shaw Ave Clovis, CA 93611 Prepared by A Certified DVBE Corporation 1401 Fulton St, Suite 918 Fresno, CA 93721 March 2022 1 Table of Contents 1. Project Description ............................................................................................................................. 2 2. Assumptions ....................................................................................................................................... 2 3. Noise Impact Analysis......................................................................................................................... 2 3.1 Noise Impact Methodology ........................................................................................................ 2 3.2 Environmental Setting ................................................................................................................ 3 3.2.1 Noise Descriptors ............................................................................................................ 3 3.2.2 Vibration Descriptors ...................................................................................................... 5 3.2.3 Existing Noise Environment ............................................................................................ 5 3.2.4 Sensitive Receptors ......................................................................................................... 5 3.3 Street Traffic Noise ..................................................................................................................... 6 3.3.1 Existing Street Traffic Noise Environment ........................................................................ 6 3.4 Regulatory Setting ...................................................................................................................... 6 3.4.1 State .................................................................................................................................. 6 3.4.2 Local .................................................................................................................................. 6 3.5 Results of Construction Screening Noise Analysis ....................................................................... 9 3.6 Operational Noise ........................................................................................................................ 11 3.7 Results of Street Traffic Noise Analysis ....................................................................................... 11 4. Conclusion ............................................................................................................................... 134 4.1 Project Impact ………………………………………………………………………………………………………………………. 14 4.2 Recommended Mitigation…………………………………………………………………………………………………….. 14 5. Limitations ......................................................................................................................................... 14 6. References ......................................................................................................................................... 15 Tables Table 1: Typical Sound Level Characteristics Table 2: Fresno General Plan Table 9-2 Transportation (Non-Aircraft) Noise Sources Table 3: Fresno General Plan Table 9-3 Stationary Noise Sources Table 4: Fresno General Plan Table 9-1 Measured Existing Noise Levels Table 5: FHWA Noise Reference Levels and Usage Factors Table 6: Anticipated Construction Noise at 50 ft Table 7: Fresno General Plan MEIR Anticipated Noise Contours Table 8: Fresno General Plan MEIR Table 5.11-2 Noise Reduction Afforded by Common Building Construction Appendices A CalEEMod Outputs B FHWA Noise Model Outputs 2 1 Project Description The proposed project is located at 8715 N Chestnut Avenue, Clovis, CA, and involves the development and construction of the property for a 32-unit apartment complex. The 2.11-acre parcel is currently vacant; therefore, no demolition will be required. The nearest sensitive receptors are the residences adjacent to the project site to the north. The nearest school to the project site is Clovis West High School approximately 1 mile west of the project site. The nearest airport is Fresno Yosemite International Airport approximately 9 miles south of the project site. 2 Assumptions The following basic assumptions were used in developing the estimates for the proposed project using CalEEMod: • CalEEMod defaults were applied to all phases of the project unless otherwise specified. • Institute of Traffic Engineers (ITE) default trip distances for Fresno County, as contained in CalEEMod, were assumed for the operational traffic analysis. • Some project design features including sizes and number of buildings were defined by the Applicant and replaced some CalEEMod default settings. • CalEEMod construction timelines are generally accurate unless otherwise stated. • During the site preparation and grading phases of construction, it is anticipated that no soil will need to be exported from or imported to the project site. • The default equipment from CalEEMod for each construction phase, is representative of actual construction equipment used during construction. 3 Noise Impacts Analysis 3.1 Noise Impact Methodology The screening-level noise analysis for project construction was completed based on the methodology developed by the U.S. Department of Transportation Federal Highway Administration (DOT FHWA) at the John A. Volpe National Transportation Systems Center and other technical references consistent with CalEEMod outputs (equipment utilization). The DOT FHWA methodology uses actual noise measurement data collected during the Boston “Big Dig” project (1991-2006) as reference levels for a wide variety of construction equipment in common use, such as on the proposed project. This noise analysis did not include field measurements of ambient noise in the vicinity of the project site. The FHWA noise model provides relatively conservative predictions because it does not account for site- specific geometry, dimensions of nearby structures, and local environmental conditions that can affect the sound transmission, reflection, and attenuation. As a result, actual measured sound levels at receptors may vary somewhat from predictions, typically lower. Additionally, the impacts of noise upon receptors (persons) are subjective because of differences in individual sensitivities and perceptions. 3 Noise impacts are evaluated against community noise standards contained in the City or County General Plan or other state or federal agency as applicable to the vicinity of the project site. For this project, the City of Fresno General Plan contains the applicable evaluation criteria (City 2014). During construction activities, the proposed project would generate noise due to the operation of offroad equipment, portable generating equipment, and vehicles at or near the project site. No strong sources of vibrations are planned to be used during construction activities. Since the project is near existing streets, the incremental effect of project operation (possible slightly increased traffic) would not be quantifiable against existing traffic noise in the project vicinity (i.e., less than significant impact). The proposed project is located within 162 feet of a 4-Lane Arterial Street. Due to the nature of the project, the construction of sensitive receptors within this distance meets the criteria provided by the City of Fresno to conduct a Noise Study. Project features designed to reduce the impact of street noise would minimize noise impacts to residents. 3.2 Environmental Setting 3.2.1 Noise Descriptors Noise is typically described as any dissonant, unwanted, or objectionable sound. Sound is technically described in terms of the loudness (amplitude) and frequency (pitch) of the sound. The standard unit of measurement of the loudness of sound is the decibel (dB). Because the human ear is not equally sensitive to sound at all frequencies, a special frequency-dependent rating scale has been devised to relate noise to human sensitivity, the A-weighted decibel scale (dBA). Table 1 lists common sound characteristics and their intensities in dBA. 4 Table 1 Typical Sound Level Characteristics Sources: Broch 1971, Plog 1988 In most situations, a 3-dBA change in sound pressure is considered a “just-detectable” difference. A 5-dBA change (either louder or quieter) is readily noticeable, and a 10-dBA change is a doubling (if louder) or halving (if quieter) of the subjective loudness. Sound from a small, localized source (a “point” source) radiates uniformly outward as it travels away from the source in a spherical pattern. The sound level attenuates (drops off) at a rate of 6 dBA for each doubling of the distance. The duration of noise and the period at which it occurs are important factors in determining the impact of noise on sensitive receptors. A single number called the equivalent continuous noise level (Leq) may be used to describe the sound that is changing in level. It is also used to describe the acoustic range of the noise source being measured, which is accomplished through the maximum Leq (Lmax) and minimum Leq (Lmin) indicators. In determining the daily measure of community noise, it is important to account for the difference in human response to daytime and nighttime noise. Noise is more disturbing at night than during the day, and noise indices have been developed to account for the varying duration of noise events over time, as well as a community response to them. The Community Noise Equivalent Level (CNEL) adds a 5-dB penalty to the “nighttime” hourly noise levels (HNLs) (i.e., 7:00 p.m. to 10:00 p.m.) and the Day-Night Average Level (Ldn) adds a 10-dB penalty to the evening HNLs (Caltrans 2020, FTA 2006). Pressure (N/m2)Level dB Sound Level Characteristic 2000 160 Rocket Launch 600 150 Military Jet Plane Takeoff 200 140 Threshold of Pain 60 130 Commercial Jet Plane Takeoff 20 120 Industrial Chipper or Punch Press 6 110 Loud Autoimobile Horn 2 100 Passing Diesel Truck - Curb Line 0.6 90 Factory - Heavy Manufacturing 0.2 80 Factory - Light Manufacturing 0.06 70 Open Floor Office - Cubicles 0.02 60 Conversational Speech 0.006 50 Private Office - Walled 0.002 40 Residence in Daytime 0.0006 30 Bedroom at Night 0.0002 20 Recording or Broadcasting Studio 0.00006 10 Threshold of Good Hearing - Adult 0.00002 0 Threshold of Excellent Hearing - Child 5 3.2.2 Vibration Descriptors A vibration is a unique form of noise because its energy is carried through structures and the earth, whereas noise is carried through the air. Thus, vibration is generally felt rather than heard. Typically, ground-borne vibration generated by manmade activities attenuates rapidly as distance from the source of the vibration increases. Actual human and structural response to different vibration levels is influenced by a combination of factors, including soil type, the distance between the source and receptor, duration, and the number of perceived events. While not a direct health hazard, the energy transmitted through the ground as vibration may result in structural damage, which may be costly to repair and dangerous in the event of structural failure. To assess the potential for structural damage associated with vibration, the vibratory ground motion in the vicinity of the affected structure is measured in terms of point peak velocity/peak particle velocity (PPV) in the vertical and horizontal directions (vector sum). A freight train passing at 100 feet may cause PPVs of 0.1 inch per second, while a strong earthquake may produce PPVs in the range of 10 inches per second. Minor cosmetic damage to buildings may begin in the range of 0.5 inch per second (Caltrans 2020, FTA 2006). 3.2.3 Existing Noise Environment The project site is in the City of Fresno, in a characteristically urban area subject to noise from local traffic on public streets, buses, trucks, construction, and small power equipment. The City of Fresno General Plan contains guidelines for the maximum allowable noise exposure to sensitive receptors from both Transportation and Non-Transportation sources. These guidelines are shown in Tables 2 and 3. For this analysis, the daytime ambient background noise from known sources was set at 50 dBA at the nearest sensitive receptor to the proposed project (residences to the north of the proposed project site). This is based on light to moderate traffic on N. Chestnut Avenue, as well as general urban background noise. 3.2.4 Sensitive Receptors Some land uses are generally regarded as being more sensitive to noise than others due to the types of population groups or activities involved. Sensitive population groups normally include children and the elderly. The City of Fresno General Plan Health and Safety Element also includes residential areas as noise- sensitive land uses. Other sensitive land uses generally include hospitals, schools, childcare facilities, senior facilities, libraries, churches, and parks. The nearest school to the project site is Clovis West High School approximately 1 mile west of the site. The nearest church is NorthPark Community Church located approximately 800 feet north of the site. The nearest residential receptors are adjacent to the northern property boundary of the project site, approximately 75 feet from the center of the construction zone. All construction activities would be short-term and temporary. All construction work is planned to be conducted during daylight hours; no nighttime work is planned to be performed. Upon completion of construction, construction-generated noise would permanently cease. Because the project is in an urban area within 500 feet of an existing surface street, no additional project-related noise is expected over long- term project operations. 6 3.3 Street Traffic Noise The project includes dwelling units that are located within 162 feet of a 4-Lane Arterial Road. Due to the nature of the project, the construction of sensitive receptors within this distance to a 4-Lane Arterial Road meets the criteria provided by the City of Fresno to conduct a Noise Study. 3.3.1 Existing Street Traffic Noise Environment The project site is in the City of Fresno, in a characteristically urban area subject to noise from local traffic on public streets, buses, trucks, construction, and small power equipment. Vehicle noise includes noises produced by the engine, exhaust, tires, and wind-generated by taller vehicles. Other factors that affect the perception of traffic noise include the distance from the highway, terrain, vegetation, and natural and structural obstacles (City 2014). Measured existing noise levels from the City of Fresno General Plan can be seen in Table 4. 3.4 Regulatory Setting 3.4.1 State The State of California does not promulgate statewide standards for environmental noise but requires each city and county to include a noise element in its general plan [California Government Code Section 65302(f)]. In addition, Title 4 of the CCR has guidelines for evaluating the compatibility of various land uses as a function of community noise exposure. In general, the guidelines require that community noise standard: • Protect residents from the harmful and annoying effects of exposure to excessive noise. • Prevent incompatible land uses from encroaching upon existing or programmed land uses likely to create significant noise impacts. • Encourage the application of state-of-the-art land use planning methodologies around managing and minimizing potential noise conflicts. Construction vibration is regulated at the state level by standards established by the Transportation and Construction-Induced Vibration Guidance Manual issued by Caltrans in 2004. Continuous sources include the use of vibratory compaction equipment and other construction equipment that creates vibration other than in single events. Transient sources create a single isolated vibration event, such as blasting. Thresholds for continuous sources are 0.5 and 0.1 inch per second PPV for structural damage and annoyance, respectively. Thresholds for transient sources are 1.0 and 0.9 PPV for structural damage and annoyance, respectively (Caltrans 2020). 3.4.2 Local City of Fresno General Plan Noise and Safety Element The City of Fresno General Plan Noise and Safety Element noise level criteria for land use compatibility. The following summarizes the policies and criteria applicable to the proposed project: 7 • Policy NS-1-A: o Desirable and Generally Acceptable Exterior Noise Environment: Establish 65 dBA Ldn or CNEL as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-sensitive uses for noise but designate 60 dBA Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise-sensitive uses. Maintain 65 dBA Ldn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses and maintain 70 dBA Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties. • Policy NS-1-B: o Conditionally Acceptable Exterior Noise Exposure Range: Noise Exposure Range. Establish the conditionally acceptable noise exposure level range for residential and other noise-sensitive uses to be 65 dB Ldn or require appropriate noise-reducing mitigation measures as determined by a site-specific acoustical analysis to comply with the desirable and conditionally acceptable exterior noise level and the required interior noise level standards set in Table 9-2 (Table 2). • Policy NS-1-G: o Noise mitigation measures that help achieve the noise level targets of this plan include, but are not limited to, the following: Façades with substantial weight and insulation. Installation of sound-rated windows for primary sleeping and activity areas. Installation of sound-rated doors for all exterior entries at primary sleeping and activity areas. Greater building setbacks and exterior barriers. Acoustic baffling of vents for chimneys, attic, and gable ends. Installation of mechanical ventilation systems that provide fresh air under closed window conditions. o The measures are not exhaustive and alternative designs may be approved by the city, provided that a qualified Acoustical Consultant submits information demonstrating that the alternative design(s) will achieve and maintain the specific targets for outdoor activity areas and interior spaces. • Policy NS-1-H: o Interior Noise Level Requirement: Comply with the S Interior Noise Level Requirement. State Code requires that any new multifamily residential, hotel or dorm buildings must be designed to incorporate noise reduction measures to meet the 45 dB Ldn interior noise criterion and apply this standard as well to all new single- family residential and noise-sensitive uses. 8 Table 2 Fresno General Plan Table 9-2 Transportation (Non-Aircraft) Noise Sources Source: City 2014 Table 3 Fresno General Plan Table 9-3 Stationary Noise Sources Source: City 2014 9 Table 4 Fresno General Plan Table 9-1 Measured Existing Noise Levels Source: City 2014 3.5 Results of Construction Screening Noise Analysis The proposed project can be characterized as a new residential development on a vacant plot of land. Most noise would occur during the site preparation, grading, construction, and paving when heavy equipment would be operating. Each of the five construction phases would be a different mix of equipment operating, and cumulative noise levels would vary based on the amount of equipment in operation and the location of each activity on the project site. In general, the use of off-road equipment and portable equipment would generate noise due to engine mechanicals, engine exhaust, driveline mechanicals, shaft-driven devices and accessories, hydraulics operation, ground friction and displacement, and gravity drops (dumping, unloading). Since no intense percussive actions (e.g., Hard rock-breaking, large pile-driving) are planned to occur during the site work, no strong ground-borne vibrations are expected to be generated that could affect nearby structures or be noticeable to their occupants. Types of equipment (FHWA 2006) to be used during the project and noise-emitting characteristics (i.e., Usage factors, reference dBA, and percussive source) are shown in Table 5 consistent with CalEEMod outputs (Appendix A). The Project is expected to require up to 12 months of planned work activities (i.e., Mobilization to substantial completion) comprising five construction phases (CalEEMod 2020): • Site Preparation • Grading • Building construction • Paving • Architectural coating 10 Table 5 FHWA Noise Reference Levels and Usage Factors Source: CalEEMod v 2020.4.0, FHWA 2006 During the construction of the project including related infrastructure, noise from construction activities would add to the noise environment in the project vicinity. Activities involved in construction would generate maximum noise levels, as indicated in Table 6, ranging from approximately 74 dBA to approximately 85 dBA at 50 feet from the project site. Construction activities would be temporary and are anticipated to occur during normal daytime working hours. Full FHWA Noise Model outputs are in Appendix B. Usage Factor Ref. Level Percussive Source Phase Name Equipment Description Qty.percent dBA Yes/No Graders 1 Grader 1 40%85 No Scrapers 1 Scraper 1 40 85 No Tractors/Loaders/Backhoes 1 Backhoe (with loader)1 40%80 No Graders 1 Grader 1 40%85 No Rubber Tired Dozers 1 Tractor (rubber tire)1 40%84 No Tractors/Loaders/Backhoes 2 Backhoe (with loader)1 40%80 No Cranes 1 Crane 1 16%85 No Forklifts 2 Forklift 1 40%80 No Generator Sets 1 Generator (<25 KVA quiet design)1 50%70 No Tractors/Loaders/Backhoes 1 Backhoe (with loader)1 40%80 No Welders 3 Welding Machine (arc welding)1 50%70 No Cement and Mortar Mixers 1 Drum Mixer 1 50%80 No Pavers 1 Paver (asphalt)1 50%85 No Paving Equipment 1 Pavement Scarifier 1 20%85 No Rollers 2 Roller 1 20%85 No Tractors/Loaders/Backhoes 1 Backhoe (with loader)1 40%80 No Archetectual Coating (5) Air Compressors 1 Compressor (air)1 40%80 No Ref. Paving (4) CalEEMod Construction Detail Site Preparation (1) Grading (2) Building Construction (3) FHWA Equipment Type 11 Table 6 Anticipated Construction Noise at 50 ft Source: CalEEMod v 2020.4.0, FHWA 2006 3.6 Operational Noise Upon completion of construction and occupancy of the proposed project, on-site operational noise would be generated mainly by on-site traffic and vehicles. However, the overall noise levels generated by operations are not expected to increase current noise levels beyond existing significance thresholds. As such, the project would not represent a substantially new type or source of noise in the general vicinity. Therefore, the operational noise impacts of the proposed project would be less than significant. 3.7 Results of Street Traffic Noise Analysis The City of Fresno General Plan MEIR identified existing noise level measurements taken at various points throughout the city. E McKinley Ave (West Avenue to N Fruit Avenue), a 4-Lane Arterial Road, is shown to have a Measured Noise Level of 64.2 dBA at 25 feet from the noise source (City 2014). N Chestnut Ave, being like E McKinley Ave, can be assumed to have a similar Measured Noise Level at the same distance. The nearest building to N Chestnut Ave included in the project contains the Manager’s and Leasing Offices and is approximately 65 feet from the centerline of N Chestnut Ave. The nearest Apartment building is approximately 140 feet from the centerline of N Chestnut Ave. The City of Fresno MEIR also identifies anticipated noise levels after project buildout for each roadway type at the right-of-way. The anticipated noise contour of a 4-Lane Arterial Road is shown in Table 7: Phase Duration (days)L(max)L(eq) Site Preparation 3 85 83.8 Grading 6 85 83.6 Building Construction 220 85 86.5 Paving 10 89.5 86.9 Architectural Coating 10 77.7 73.7 Construction Phases Anticipated Construction Noise at 50 ft 12 Table 7 Fresno General Plan MEIR Anticipated Noise Contours Roadway dBA CNEL at Right-of-Way Distance to Contour (feet) 70 dBA CNEL 65 dBA CNEL 60 dBA CNEL 55 dBA CNEL 4-Lane Arterial 68 78 169 363 782 Source: City 2014 Table 8 shows the typical reduction in noise levels of building facades by occupancy type. The Manager and Leasing Offices classify as commercial, while the apartment buildings classify as residential. Table 8 Fresno General Plan MEIR Table 5.11-2 Noise Reduction Afforded by Common Building Construction Source: City 2014 The noise generated by vehicle traffic on N Chestnut Avenue could potentially exceed the noise standard of 65 dBA CNEL for noise-sensitive land uses. However, with the implementation of reduction measures detailed in General Plan Policy NS-1-G, roadway noise levels would be reduced to within the City’s proposed noise standard. 13 4 Conclusion Soar Environmental predicts a less than significant impact for project construction and operation. Soar Environmental further predicts a less than significant impact for the impact of street noise on the project. This would be achieved with Best Management Practices (BMP) incorporated by the City of Fresno General Plan. 4.1 PROJECTED IMPACT: Less Than Significant (LTS) with Best Management Practices (BMP) Incorporated. 4.2 RECOMMENDED MITIGATION: Project Construction Best Management Practices (BMP). BMP NOI-1: The project contractor shall implement the following measures during the construction of the project: • Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site. • Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction-related activities are restricted between the hours of 7:00 a.m. and 10:00 p.m. • Designate a “disturbance coordinator” at the city who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., Starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem. Implementation of BMP NOI-1 would limit construction hours and require the construction contractor to implement noise-reducing measures during construction, which would reduce short-term construction noise impacts to less than significant. BMP NOI-2: City of Fresno General Plan Policy NS-1-G. Noise reduction measures that help achieve the noise level targets of this plan include, but are not limited to, the following: • Façades with substantial weight and insulation. • Installation of sound-rated windows for primary sleeping and activity areas. • Installation of sound-rated doors for all exterior entries at primary sleeping and activity areas. • Greater building setbacks and exterior barriers. • Acoustic baffling of vents for chimneys, attic, and gable ends. • Installation of mechanical ventilation systems that provide fresh air under closed window conditions. The measures are not exhaustive and alternative designs may be approved by the city, provided that a qualified Acoustical Consultant submits information demonstrating that the alternative design(s) will achieve and maintain the specific targets for outdoor activity areas and interior spaces. 14 5 Limitations The scope of services performed to complete this assessment is limited in nature. Site conditions can vary with time; therefore, this assessment is not intended to predict future site conditions. Because of the nature of this assessment, site history has been developed based solely upon information provided by the Client or during the review of available regulatory files on this, and nearby sites. This report is not a complete risk assessment, and the scope of services does not include a complete determination of the extent of, nor the environmental or public health impact of, known or suspected hazardous materials or wastes. The information contained in this report is based upon work performed by trained professional and technical staff by general accepted engineering and scientific practices at the time the work was performed. The conclusions and recommendations presented are representative of the best judgment from Soar Environmental staff and are based upon the information obtained from field reconnaissance and data review. Due to the nature of this investigation, Soar Environmental cannot warrant undiscovered environmental liabilities. Conclusions and recommendations presented in this report should not be construed as legal advice. Should additional information become available that differs significantly from our understanding of conditions presented in this report, we request that this information be brought to our attention so that we may reassess the conclusions provided herein. 15 6 References Broch, Jens. 1971. Acoustic Noise Measurements. Bruel & Kjaer California Department of Transportation (Caltrans). 2020. Transportation and Construction Vibration Guidance Manual. Website: (https://dot.ca.gov/-/media/dot media/programs/environmentalanalysis/documents/env/tcvgm- apr2020-a11y.pdf) accessed March 2022. California Emissions Estimation Model® (CalEEMod). 2020. Version 2020.4.0. Website: (http://www.caleemod.com/) accessed August 26, 2021. Fresno City of, 2014. City of Fresno General Plan, Noise and Safety Element. Accessed March 2022. Fresno City of, 2014. General Plan and Development Code Update Master Environmental Impact Report. Section 5.11 – Noise. Accessed March 2022. Fresno City of, 2014. General Plan and Development Code Update Master Environmental Impact Report. Section H.6 – Planning Area Exhibits – Roadway Functional Classifications. Accessed March 2022. Plog, Barbara, Ed. 1988. Fundamentals of Industrial Hygiene – 3rd Edition, National Safety Council. U.S. Department of Transportation – Federal Highway Administration (FHWA). 2006. Roadway Construction Noise Model User’s Guide. Website: (https://www.fhwa.dot.gov/Environment/noise/construction_noise/rcnm/) accessed December 2021. U.S. Department of Transportation – Federal Transit Authority (FTA). 2006. Transit Noise and Vibration Impact Assessment. Website: (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Noise_and_Vibration_Manual.pdf) accessed December 2021. 16 Appendix A CalEEMod Outputs FNLPFresno County, AnnualProject Characteristics - Land Use - 2.11 acresConstruction Phase - 1.1 Land UsageLand UsesSizeMetricLot AcreageFloor Surface AreaPopulationApartments Low Rise 32.00 Dwelling Unit 2.11 32,000.00 921.2 Other Project CharacteristicsUrbanizationClimate ZoneUrban3Wind Speed (m/s) Precipitation Freq (Days)2.2 451.3 User Entered Comments & Non-Default Data1.0 Project Characteristics2.0 Emissions SummaryUtility CompanyPacific Gas and Electric Company2024Operational YearCO2 Intensity (lb/MWhr)203.98 0.033CH4 Intensity (lb/MWhr)0.004N2O Intensity (lb/MWhr)Table NameColumn NameDefault ValueNew ValuetblLandUse LotAcreage 2.00 2.11tblWoodstoves NumberCatalytic 2.11 0.00tblWoodstoves NumberNoncatalytic 2.11 0.00CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 1 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.1 Overall ConstructionROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eYeartons/yrMT/yr2022 0.1271 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6724 150.6724 0.0280 8.5000e-004151.62562023 0.3918 0.7123 0.7801 1.4200e-0030.0106 0.0321 0.0426 2.8300e-0030.0307 0.0335 0.0000 119.0693 119.0693 0.0216 6.4000e-004119.7998Maximum 0.3918 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6724 150.6724 0.0280 8.5000e-004151.6256Unmitigated ConstructionROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eYeartons/yrMT/yr2022 0.1271 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6722 150.6722 0.0280 8.5000e-004151.62542023 0.3918 0.7123 0.7801 1.4200e-0030.0106 0.0321 0.0426 2.8300e-0030.0307 0.0335 0.0000 119.0692 119.0692 0.0216 6.4000e-004119.7996Maximum 0.3918 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6722 150.6722 0.0280 8.5000e-004151.6254Mitigated ConstructionCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 2 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio-CO2Total CO2CH4N20CO2ePercent Reduction0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00QuarterStart DateEnd DateMaximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter)1 6-1-2022 8-31-20220.3899 0.38992 9-1-2022 11-30-20220.5449 0.54493 12-1-2022 2-28-20230.5143 0.51434 3-1-2023 5-31-20230.5151 0.51515 6-1-2023 8-31-20230.2640 0.2640Highest0.5449 0.54492.2 Overall OperationalROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArea 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425Energy 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 35.5352 35.5352 2.4300e-0036.7000e-00435.7946Mobile 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.0491Waste0.0000 0.0000 0.0000 0.0000 2.98800.0000 2.9880 0.1766 0.0000 7.4027Water0.0000 0.0000 0.0000 0.0000 0.6615 1.4695 2.1309 0.0682 1.6300e-0034.3219Total 0.2804 0.2287 1.3341 2.8100e-0030.2562 6.0300e-0030.2622 0.0685 5.9000e-0030.0745 3.6495 291.0536 294.7031 0.2605 0.0158 305.9108Unmitigated OperationalCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 3 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.2 Overall OperationalROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArea 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425Energy 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 35.5352 35.5352 2.4300e-0036.7000e-00435.7946Mobile 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.0491Waste0.0000 0.0000 0.0000 0.0000 2.98800.0000 2.9880 0.1766 0.0000 7.4027Water0.0000 0.0000 0.0000 0.0000 0.6615 1.4695 2.1309 0.0682 1.6300e-0034.3219Total 0.2804 0.2287 1.3341 2.8100e-0030.2562 6.0300e-0030.2622 0.0685 5.9000e-0030.0745 3.6495 291.0536 294.7031 0.2605 0.0158 305.9108Mitigated Operational3.0 Construction DetailConstruction PhasePhase NumberPhase NamePhase TypeStart DateEnd DateNum Days WeekNum DaysPhase Description1 Site Preparation Site Preparation 6/29/2022 7/1/2022 5 32 Grading Grading 7/2/2022 7/11/2022 5 63 Building Construction Building Construction 7/12/2022 5/15/2023 5 220ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio-CO2Total CO2CH4N20CO2ePercent Reduction0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 4 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4 Paving Paving 5/16/2023 5/29/2023 5 105Architectural CoatingArchitectural Coating 5/30/2023 6/12/2023 5 10OffRoad EquipmentPhase NameOffroad Equipment TypeAmountUsage HoursHorse PowerLoad FactorArchitectural CoatingAir Compressors 1 6.00 78 0.48Paving Cement and Mortar Mixers 1 8.00 9 0.56Building Construction Cranes 1 8.00 231 0.29Building Construction Forklifts 2 7.00 89 0.20Building Construction Generator Sets 1 8.00 84 0.74Grading Graders 1 8.00 187 0.41Site Preparation Graders 1 8.00 187 0.41Paving Pavers 1 8.00 130 0.42Paving Paving Equipment 1 8.00 132 0.36Paving Rollers 2 8.00 80 0.38Grading Rubber Tired Dozers 1 8.00 247 0.40Site Preparation Scrapers 1 8.00 367 0.48Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37Site Preparation Tractors/Loaders/Backhoes 1 7.00 97 0.37Building Construction Welders 3 8.00 46 0.45Residential Indoor: 64,800; Residential Outdoor: 21,600; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)Acres of Grading (Site Preparation Phase): 4.5Acres of Grading (Grading Phase): 6Acres of Paving: 0CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 5 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 2.3900e-0030.0000 2.3900e-0032.6000e-0040.0000 2.6000e-0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 2.0700e-0030.0235 0.0151 4.0000e-0058.9000e-0048.9000e-0048.2000e-0048.2000e-0040.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Total 2.0700e-0030.0235 0.0151 4.0000e-0052.3900e-0038.9000e-0043.2800e-0032.6000e-0048.2000e-0041.0800e-0030.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Unmitigated Construction On-Site3.1 Mitigation Measures ConstructionTrips and VMTPhase NameOffroad Equipment CountWorker Trip NumberVendor Trip NumberHauling Trip NumberWorker Trip LengthVendor Trip LengthHauling Trip LengthWorker Vehicle ClassVendor Vehicle ClassHauling Vehicle ClassSite Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTGrading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTBuilding Construction 8 23.00 3.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTPaving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTArchitectural Coating 1 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 6 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Total 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 2.3900e-0030.0000 2.3900e-0032.6000e-0040.0000 2.6000e-0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 2.0700e-0030.0235 0.0151 4.0000e-0058.9000e-0048.9000e-0048.2000e-0048.2000e-0040.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Total 2.0700e-0030.0235 0.0151 4.0000e-0052.3900e-0038.9000e-0043.2800e-0032.6000e-0048.2000e-0041.0800e-0030.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 7 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Total 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Mitigated Construction Off-Site3.3 Grading - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 4.6200e-0030.0510 0.0277 6.0000e-0052.2300e-0032.2300e-0032.0500e-0032.0500e-0030.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Total 4.6200e-0030.0510 0.0277 6.0000e-0050.0213 2.2300e-0030.0235 0.0103 2.0500e-0030.0123 0.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 8 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.3 Grading - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Total 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 4.6200e-0030.0510 0.0277 6.0000e-0052.2300e-0032.2300e-0032.0500e-0032.0500e-0030.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Total 4.6200e-0030.0510 0.0277 6.0000e-0050.0213 2.2300e-0030.0235 0.0103 2.0500e-0030.0123 0.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 9 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.3 Grading - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Total 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Mitigated Construction Off-Site3.4 Building Construction - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7617 128.7617 0.0248 0.0000 129.3827Total 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7617 128.7617 0.0248 0.0000 129.3827Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 10 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 3.8000e-0040.0100 2.8400e-0034.0000e-0051.2300e-0031.1000e-0041.3400e-0033.6000e-0041.0000e-0044.6000e-0040.0000 3.7142 3.7142 3.0000e-0055.6000e-0043.8817Worker 4.7900e-0033.2700e-0030.0368 1.0000e-0040.0114 6.0000e-0050.0115 3.0300e-0035.0000e-0053.0800e-0030.0000 9.2609 9.2609 3.0000e-0042.8000e-0049.3528Total 5.1700e-0030.0133 0.0397 1.4000e-0040.0126 1.7000e-0040.0128 3.3900e-0031.5000e-0043.5400e-0030.0000 12.9751 12.9751 3.3000e-0048.4000e-00413.2345Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7615 128.7615 0.0248 0.0000 129.3826Total 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7615 128.7615 0.0248 0.0000 129.3826Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 11 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 3.8000e-0040.0100 2.8400e-0034.0000e-0051.2300e-0031.1000e-0041.3400e-0033.6000e-0041.0000e-0044.6000e-0040.0000 3.7142 3.7142 3.0000e-0055.6000e-0043.8817Worker 4.7900e-0033.2700e-0030.0368 1.0000e-0040.0114 6.0000e-0050.0115 3.0300e-0035.0000e-0053.0800e-0030.0000 9.2609 9.2609 3.0000e-0042.8000e-0049.3528Total 5.1700e-0030.0133 0.0397 1.4000e-0040.0126 1.7000e-0040.0128 3.3900e-0031.5000e-0043.5400e-0030.0000 12.9751 12.9751 3.3000e-0048.4000e-00413.2345Mitigated Construction Off-Site3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6970 99.6970 0.0189 0.0000 100.1683Total 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6970 99.6970 0.0189 0.0000 100.1683Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 12 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.5000e-0046.3300e-0031.9000e-0033.0000e-0059.5000e-0044.0000e-0051.0000e-0032.8000e-0044.0000e-0053.1000e-0040.0000 2.7695 2.7695 2.0000e-0054.2000e-0042.8941Worker 3.4200e-0032.2100e-0030.0260 8.0000e-0058.8300e-0034.0000e-0058.8700e-0032.3500e-0034.0000e-0052.3900e-0030.0000 6.9411 6.9411 2.1000e-0042.0000e-0047.0063Total 3.5700e-0038.5400e-0030.0279 1.1000e-0049.7800e-0038.0000e-0059.8700e-0032.6300e-0038.0000e-0052.7000e-0030.0000 9.7105 9.7105 2.3000e-0046.2000e-0049.9004Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6969 99.6969 0.0189 0.0000 100.1682Total 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6969 99.6969 0.0189 0.0000 100.1682Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 13 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.5000e-0046.3300e-0031.9000e-0033.0000e-0059.5000e-0044.0000e-0051.0000e-0032.8000e-0044.0000e-0053.1000e-0040.0000 2.7695 2.7695 2.0000e-0054.2000e-0042.8941Worker 3.4200e-0032.2100e-0030.0260 8.0000e-0058.8300e-0034.0000e-0058.8700e-0032.3500e-0034.0000e-0052.3900e-0030.0000 6.9411 6.9411 2.1000e-0042.0000e-0047.0063Total 3.5700e-0038.5400e-0030.0279 1.1000e-0049.7800e-0038.0000e-0059.8700e-0032.6300e-0038.0000e-0052.7000e-0030.0000 9.7105 9.7105 2.3000e-0046.2000e-0049.9004Mitigated Construction Off-Site3.5 Paving - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8179Paving 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Total 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8179Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 14 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.5 Paving - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Total 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8178Paving 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Total 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8178Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 15 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.5 Paving - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Total 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Mitigated Construction Off-Site3.6 Architectural Coating - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArchit. Coating 0.3004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 9.6000e-0046.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Total 0.3013 6.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 16 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.6 Architectural Coating - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Total 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArchit. Coating 0.3004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 9.6000e-0046.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Total 0.3013 6.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 17 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.6 Architectural Coating - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Total 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Mitigated Construction Off-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 18 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4.0 Operational Detail - MobileROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrMitigated 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.0491Unmitigated 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.04914.1 Mitigation Measures Mobile4.2 Trip Summary Information4.3 Trip Type InformationAverage Daily Trip RateUnmitigatedMitigatedLand UseWeekdaySaturdaySundayAnnual VMTAnnual VMTApartments Low Rise234.24 260.48 200.96 683,299 683,299Total 234.24 260.48 200.96 683,299 683,299MilesTrip %Trip Purpose %Land UseH-W or C-WH-S or C-CH-O or C-NWH-W or C-WH-S or C-CH-O or C-NWPrimaryDivertedPass-byApartments Low Rise 10.80 7.30 7.50 48.40 15.90 35.70 86 11 34.4 Fleet MixLand Use LDALDT1LDT2MDVLHD1LHD2MHDHHDOBUSUBUSMCYSBUSMHApartments Low Rise 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 19 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 5.0 Energy DetailROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrElectricity Mitigated0.0000 0.0000 0.0000 0.00000.0000 12.2310 12.2310 1.9800e-0032.4000e-00412.3519Electricity Unmitigated0.0000 0.0000 0.0000 0.00000.0000 12.2310 12.2310 1.9800e-0032.4000e-00412.3519NaturalGas Mitigated2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427NaturalGas Unmitigated2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.44275.1 Mitigation Measures EnergyHistorical Energy Use: NCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 20 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 5.2 Energy by Land Use - NaturalGasNaturalGas UseROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eLand UsekBTU/yrtons/yrMT/yrApartments Low Rise436705 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427Total 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427UnmitigatedNaturalGas UseROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eLand UsekBTU/yrtons/yrMT/yrApartments Low Rise436705 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427Total 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 21 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 6.1 Mitigation Measures Area6.0 Area Detail5.3 Energy by Land Use - ElectricityElectricity UseTotal CO2CH4N2OCO2eLand UsekWh/yrMT/yrApartments Low Rise132193 12.2310 1.9800e-0032.4000e-00412.3519Total 12.2310 1.9800e-0032.4000e-00412.3519UnmitigatedElectricity UseTotal CO2CH4N2OCO2eLand UsekWh/yrMT/yrApartments Low Rise132193 12.2310 1.9800e-0032.4000e-00412.3519Total 12.2310 1.9800e-0032.4000e-00412.3519MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 22 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrMitigated 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425Unmitigated 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.34256.2 Area by SubCategoryROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eSubCategorytons/yrMT/yrArchitectural Coating0.0300 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Consumer Products0.1250 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hearth 1.4000e-0030.0120 5.0900e-0038.0000e-0059.7000e-0049.7000e-0049.7000e-0049.7000e-0040.0000 13.8626 13.8626 2.7000e-0042.5000e-00413.9450Landscaping 7.1400e-0032.7400e-0030.2375 1.0000e-0051.3200e-0031.3200e-0031.3200e-0031.3200e-0030.0000 0.3881 0.3881 3.7000e-0040.0000 0.3974Total 0.1636 0.0147 0.2426 9.0000e-0052.2900e-0032.2900e-0032.2900e-0032.2900e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425UnmitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 23 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 7.1 Mitigation Measures Water7.0 Water Detail6.2 Area by SubCategoryROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eSubCategorytons/yrMT/yrArchitectural Coating0.0300 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Consumer Products0.1250 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hearth 1.4000e-0030.0120 5.0900e-0038.0000e-0059.7000e-0049.7000e-0049.7000e-0049.7000e-0040.0000 13.8626 13.8626 2.7000e-0042.5000e-00413.9450Landscaping 7.1400e-0032.7400e-0030.2375 1.0000e-0051.3200e-0031.3200e-0031.3200e-0031.3200e-0030.0000 0.3881 0.3881 3.7000e-0040.0000 0.3974Total 0.1636 0.0147 0.2426 9.0000e-0052.2900e-0032.2900e-0032.2900e-0032.2900e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 24 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Total CO2CH4N2OCO2eCategoryMT/yrMitigated 2.1309 0.0682 1.6300e-0034.3219Unmitigated 2.1309 0.0682 1.6300e-0034.32197.2 Water by Land UseIndoor/Outdoor UseTotal CO2CH4N2OCO2eLand UseMgalMT/yrApartments Low Rise2.08493 / 1.314412.1309 0.0682 1.6300e-0034.3219Total 2.1309 0.0682 1.6300e-0034.3219UnmitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 25 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 7.2 Water by Land UseIndoor/Outdoor UseTotal CO2CH4N2OCO2eLand UseMgalMT/yrApartments Low Rise2.08493 / 1.314412.1309 0.0682 1.6300e-0034.3219Total 2.1309 0.0682 1.6300e-0034.3219Mitigated8.1 Mitigation Measures Waste8.0 Waste DetailTotal CO2CH4N2OCO2eMT/yr Mitigated 2.9880 0.1766 0.0000 7.4027 Unmitigated 2.9880 0.1766 0.0000 7.4027Category/YearCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 26 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 8.2 Waste by Land UseWaste DisposedTotal CO2CH4N2OCO2eLand UsetonsMT/yrApartments Low Rise14.72 2.9880 0.1766 0.0000 7.4027Total 2.9880 0.1766 0.0000 7.4027UnmitigatedWaste DisposedTotal CO2CH4N2OCO2eLand UsetonsMT/yrApartments Low Rise14.72 2.9880 0.1766 0.0000 7.4027Total 2.9880 0.1766 0.0000 7.4027Mitigated9.0 Operational OffroadEquipment TypeNumberHours/DayDays/YearHorse PowerLoad FactorFuel TypeCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 27 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 11.0 Vegetation10.0 Stationary EquipmentFire Pumps and Emergency GeneratorsEquipment TypeNumberHours/DayHours/YearHorse PowerLoad FactorFuel TypeBoilersEquipment TypeNumberHeat Input/DayHeat Input/YearBoiler RatingFuel TypeUser Defined EquipmentEquipment TypeNumberCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 28 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 17 Appendix B FHWA Noise Model Outputs Roadway Construction Noise Model (RCNM),Version 1.1 Report date:3/11/2022 Case Description:FNLP Site Prep ---- Receptor #1 ---- Baselines (dBA) Description Land Use Daytime Evening Night Northern Residences Residential 50 50 45 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%)(dBA) (dBA)(feet)(dBA) Grader No 40 85 50 0 Scraper No 40 83.6 50 0 Backhoe No 40 77.6 50 0 Results Calculated (dBA)Noise Limits (dBA)Noise Limit Exceedance (dBA) Day Evening Night Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Grader 85 81 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Scraper 83.6 79.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Backhoe 77.6 73.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 85 83.8 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. Roadway Construction Noise Model (RCNM),Version 1.1 Report date:3/11/2022 Case Description:FNLP Grading ---- Receptor #1 ---- Baselines (dBA) Description Land Use Daytime Evening Night Northern Residences Residential 50 50 45 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%)(dBA) (dBA)(feet)(dBA) Grader No 40 85 50 0 Dozer No 40 81.7 50 0 Backhoe No 40 77.6 50 0 Backhoe No 40 77.6 50 0 Results Calculated (dBA)Noise Limits (dBA)Noise Limit Exceedance (dBA) Day Evening Night Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Grader 85 81 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Dozer 81.7 77.7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Backhoe 77.6 73.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Backhoe 77.6 73.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 85 83.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. Roadway Construction Noise Model (RCNM),Version 1.1 Report date:3/11/2022 Case Description:FNLP Construction ---- Receptor #1 ---- Baselines (dBA) Description Land Use Daytime Evening Night Northern Residences Residential 50 50 45 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%)(dBA) (dBA)(feet)(dBA) Crane No 16 80.6 50 0 All Other Equipment > 5 HP No 50 85 50 0 All Other Equipment > 5 HP No 50 85 50 0 Generator No 50 80.6 50 0 Backhoe No 40 77.6 50 0 Welder / Torch No 40 74 50 0 Welder / Torch No 40 74 50 0 Welder / Torch No 40 74 50 0 Results Calculated (dBA)Noise Limits (dBA)Noise Limit Exceedance (dBA) Day Evening Night Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Crane 80.6 72.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All Other Equipment > 5 HP 85 82 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All Other Equipment > 5 HP 85 82 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Generator 80.6 77.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Backhoe 77.6 73.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Welder / Torch 74 70 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Welder / Torch 74 70 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Welder / Torch 74 70 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 85 86.5 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. Roadway Construction Noise Model (RCNM),Version 1.1 Report date:3/11/2022 Case Description:FNLP Paving ---- Receptor #1 ---- Baselines (dBA) Description Land Use Daytime Evening Night Northern Residences Residential 50 50 45 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%)(dBA) (dBA)(feet)(dBA) Crane No 16 80.6 50 0 All Other Equipment > 5 HP No 50 85 50 0 Drum Mixer No 50 80 50 0 Paver No 50 77.2 50 0 Pavement Scarafier No 20 89.5 50 0 Roller No 20 80 50 0 Roller No 20 80 50 0 Backhoe No 40 77.6 50 0 Results Calculated (dBA)Noise Limits (dBA)Noise Limit Exceedance (dBA) Day Evening Night Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Crane 80.6 72.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A All Other Equipment > 5 HP 85 82 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Drum Mixer 80 77 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Paver 77.2 74.2 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Pavement Scarafier 89.5 82.5 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Roller 80 73 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Roller 80 73 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Backhoe 77.6 73.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 89.5 86.9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. Roadway Construction Noise Model (RCNM),Version 1.1 Report date:3/11/2022 Case Description:FNLP Coating ---- Receptor #1 ---- Baselines (dBA) Description Land Use Daytime Evening Night Northern Residences Residential 50 50 45 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%)(dBA) (dBA)(feet)(dBA) Compressor (air)No 40 77.7 50 0 Results Calculated (dBA)Noise Limits (dBA)Noise Limit Exceedance (dBA) Day Evening Night Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Compressor (air)77.7 73.7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 77.7 73.7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. Biological Resource Assessment 8715 N Chestnut Avenue Housing Development Project Assessor Parcel Number 403-532-28 Fresno, CA Prepared for Fresno Newbury LP Prepared by 1401 Fulton St, Suite 918 Fresno, CA 93721 February 28, 2022 Page 2 of 26 Executive Summary As lead agency, the City of Fresno has tasked Fresno/Newbury L.P. to provide a Biological Resource Assessment (BRA), as part of the Initial Study (IS) for the development of a 32-unit apartment complex (Project) on the property located at 8715 North Chestnut Avenue within the City of Fresno (City) in accordance with the California Environmental Quality Act (CEQA) prior to implementation of the proposed Project. Fresno – Newbury L.P has tasked Soar Environmental Consulting Inc. (Soar Environmental) to provide the necessary environmental evaluation documentation of an IS/ND or IS/MND. CEQA studies include a Phase 1 Environmental Assessment and Biological Resources Assessment. The objectives of this Assessment were to: 1) provide a general characterization of biological resources for the property; 2) inventory plant and wildlife species; 3) evaluate the potential for federal or state listed plants and animals species afforded other special regulatory protection; and 4) describe the property’s sensitive biological resources and applicable federal, state, and local land use policies. This BRA provides information about the biological resources within the Project area. Prior to field activities, Soar Environmental researched the California Natural Diversity Database (CNDDB) and the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California, to compile a list of special-status species that could potentially be present in the vicinity of the Project area. Soar Environmental researched specific species and habitat requirements for the species noted in the CNDDB, IPaC and CNPS databases and included species listing status, and proximal species observations in this report. No special-status plant or wildlife species were observed in the Project area during the field survey on February 14, 2022. Special-status wildlife species that have the potential to occur in the Project area based on presence of suitable habitat and/or documented occurrences in the vicinity include: • California tiger salamander (Ambystoma californiense) • Tricolored blackbird (Agelaius tricolor) • Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) • Vernal pool fairy shrimp (Branchinecta lynchi) • Yellow-billed cuckoo (Coccyzus americanus) • San Joaquin Orcutt grass (Orcuttia inaequalis) • Succulent owl's-clover (Castilleja campestris ssp. succulenta) All other special-status species identified in the record search are unlikely to occur in the Project area, due to lack of suitable habitat. No listed species were observed during the Habitat Assessment of the Project site, and no suitable habitat features, or conditions were observed that would be conducive for any of the special status species identified in this report. Due to habitat quality and proximity of historical occurrences, all species identified in the data records search were found to be unlikely to occur within the vicinity of the project site. Based on the findings of this assessment, the proposed development of this property is unlikely to adversely affect any special-status species and is likely to have no effect for CEQA considerations. Soar Environmental Consulting, Inc. recommends that if any special status species are observed during construction activities, work be stopped immediately and CDFW is contacted. Page 3 of 26 Contents Executive Summary ....................................................................................................................................... 2 1. Introduction .......................................................................................................................................... 5 1.1 Project Location ............................................................................................................................. 5 1.2 Environmental Setting ................................................................................................................... 6 2. Methods ................................................................................................................................................ 8 2.1 Literature Review .......................................................................................................................... 8 2.2 Field Reconnaissance Methodology ............................................................................................... 9 3. Habitat Assessment Results ................................................................................................................ 10 4. Special-Status Species ......................................................................................................................... 11 4.1 Special-Status Wildlife Species Descriptions ............................................................................... 16 4.1.1 California Tiger Salamander (Ambystoma californiense) .................................................. 16 4.1.2 Tricolored Blackbird (Agelaius tricolor) .................................................................................. 16 4.1.3 Western yellow-billed cuckoo (Coccyzus americanus occidentalis) ....................................... 17 4.1.4 Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) ....................... 17 4.1. 5 Vernal Pool Fairy Shrimp (Brachinecta lynchi) ....................................................................... 17 4.1.6 San Joaquin Valley Orcutt grass (Orcuttia inaequalis) ........................................................... 18 4.1.7 Succulent owl’s clover (Castilleja camperstris) ...................................................................... 18 5. Findings ............................................................................................................................................... 18 6. Recommendations .............................................................................................................................. 19 7. Study Limitations ................................................................................................................................ 19 8. Works Cited ......................................................................................................................................... 20 List of Figures Figure 1. Project Location .................................................................................................................... 6 Figure 2 – Project Site Boundary ........................................................................................................... 7 Figure 3 – Site Plan ................................................................................................................................ 7 Figure 4 – Historical Special-Status Species Locations .......................................................................... 9 List of Tables Table 1– Species Observed on the Project Site ............................................................................. 10 Table 2 – Special-Status Wildlife Species Potentially Occurring on Site or in the Vicinity ............ 12 Table 3 – Special-Status Plant Species Potentially Occurring on Site or in the Vicinity ................. 15 Page 4 of 26 APPENDIX A: Project Site Photographs ...................................................................................................... 21 Photo 1 – Northern Boundary (View West) ........................................................................................ 21 Photo 2 – Eastern Boundary (View South) ......................................................................................... 21 Photo 3 – Southern Boundary (View West) ....................................................................................... 22 Photo 4 – Eastern Boundary (View South) ......................................................................................... 22 Photo 5 – Center of Project Site (View North) .................................................................................... 23 Photo 6 – Center of Project Area (View East) ..................................................................................... 23 Photo 7 – Center of Project Area (View South) .................................................................................. 24 Photo 8 – Center of Project Area (View West) ................................................................................... 24 Photo 9 – South Boundary of Project Site (View East) ....................................................................... 25 Photo 10 – Water Irrigation Valve (View Northwest) ......................................................................... 25 Photo 11 – Stormwater Retention Pond Along Western Boundary (View Northwest) ...................... 26 Photo 12 – Tree Patch Canopy Cover (View Southwest) .................................................................... 26 Page 5 of 26 1. Introduction The proposed Project is a 32-unit apartment complex development on 2.11 acres in the City of Fresno. The Project site is located at 8715 N Chestnut Avenue, Fresno, CA 93619, on Assessor Parcel Number (APN) 403-532-28. Fresno/Newbury LP has tasked Soar Environmental Consulting (Soar Environmental) with providing a Biological Resource Assessment (BRA) in accordance with the California Environmental Quality Act (CEQA) within the City of Fresno, California. Soar Environmental prepared this BRA for Fresno/Newbury LP in support of the CEQA requirements. Based on a review of CNDDB database research it was determined that a Habitat Assessment was necessary to search for the potential suitable habitat or presence for the 9 following sensitive wildlife species: California tiger salamander, Fresno kangaroo rat, least Bell's vireo, San Joaquin kit fox, Swainson's hawk, tricolored blackbird, valley elderberry longhorn beetle, vernal pool fairy shrimp, and the western, yellow-billed cuckoo. A review of the USFWS IPaC Database indicated a Habitat Assessment should also include analysis for the 8 additional wildlife species: blunt-nosed leopard lizard, California red-legged frog, conservancy fairy shrimp, delta smelt, fisher, giant garter snake, monarch butterfly, and vernal pool tadpole shrimp. A review of the CNPS Inventory of Rare and Endangered Plants of California identified the following 7 sensitive plant species historically occurring in the vicinity of the Project site: California jewelflower, Greene's tuctoria, hairy Orcutt grass, Hartweg's golden sunburst, San Joaquin adobe sunburst, San Joaquin Orcutt grass, and succulent owl's-clover. A Habitat Assessment was conducted in the Project area on February 14, 2022, by Soar Environmental biologist Travis Albert. The purpose of the Habitat Assessment survey was to search for the presence of special-status species that have historically been observed within, or surrounding, the Project area. No special-status species were observed during the site visit. 1.1 Project Location The proposed Project site is located on the north side of the City of Fresno, at 8715 N Chestnut Avenue, on the west side of the road. Approximately 2.9 miles east of State Route (SR) 41, and 1.3 miles north of Herndon Avenue. Located in the USGS Clovis 7.5-minute quadrangle in Township 12S, Range 20E, and north ½ of section 25. The Project involves development of a 2.11-acre lot, Assessor Parcel Number (APN) 403-532-28. The site is topographically flat and is bounded by residential development to the north, east and west. There is a similar grassy lot adjacent to the south, which is also bounded on all other sides by residential development. The Project site is a grassy field with signs of recent ground disturbance from heavy machinery. Page 6 of 26 Figure 1. Project Location 1.2 Environmental Setting The Project site is a small property of approximately 2.11 acres located in a residential and urban environment on the north side of the City. Groundcover is dominated by ruderal plant species, comprised of a mixture of native and non-native grasses. The property is bounded to the east by Chestnut Avenue, residential housing to the north and west, with a similar grassy field adjacent to the south. There are oak and evergreen trees scattered around the surrounding neighborhoods. The site is topographically flat at an elevation of approximately 350 feet above mean sea level (AMSL). Soil is highly disturbed from heavy machinery and removal of a single family residence. There is an existing underground storm sewer pipe on the property with associated concrete debris and metal valve structures (Photos 9 - 12). Page 7 of 26 Figure 1 – Project Site Boundary Figure 3 – Site Plan Page 8 of 26 2. Methods 2.1 Literature Review Prior to performing the Habitat Assessment, Soar Environmental conducted a records search for threatened or endangered species that could potentially occur in the vicinity of the Project area. The records search included a review of the California Natural Diversity Database (CNDDB), the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), and California Native Plant Society (CNPS) Online Rare Plant Inventory. The area covered by the data records search included USGS 7.5 minute quadrangles of Clovis, Academy, Fresno North, Fresno South, Friant, Lanes Bridge, Malaga, Round Mountain, and Sanger 7.5-minute USGS quadrangles. From these sources a list of special- status plant and animal species was generated. Proximal locations of special-status plant and animal species located within 5 miles of the Project site are shown in (Figure 4). The CNDDB records search indicated 9 State-listed special-status wildlife species most likely to occur within or near the Project Site would include: • California tiger salamander (Ambystoma californiense) • Fresno kangaroo rat (Dipodomys nitratoides exilis) • Least Bell's vireo (Vireo belii pusillus) • San Joaquin kit fox (Vulpes macrotis mutica) • Swainson's hawk (Buteo swainsoni) • Tricolored blackbird (Agelaius tricolor) • Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) • Vernal pool fairy shrimp (Branchinecta lynchi) • Yellow-billed cuckoo (Coccyzus americanus) The IPaC search revealed 8 additional Federally listed sensitive wildlife species likely to occur within or near the Project Site include: • Blunt-nosed leopard lizard (Gambelia silus) • California red-legged frog (Rana draytonii) • Conservancy fairy shrimp (Branchinecta conservatio) • Delta smelt (Hypomesus transpacificus) • Fisher (Pekania pennanti) • Giant garter snake (Thamnophis gigas) • Monarch butterfly (Danaus plexippus) • Vernal pool tadpole Shrimp (Lepidurus packardi) A search of the California Native Plant Society (CNPS) Online Rare Plant Inventory identified the following 7 special-status plant species likely to occur within or proximate to the Project Site: • California jewelflower (Caulanthus californicus) • Greene's tuctoria (Tuctoria greenei) • Hairy Orcutt grass (Orcuttia pilosa) • Hartweg's golden sunburst (Pseudobahia bahiifolia) • San Joaquin Adobe Sunburst (Pseudobahia peirsonii) Page 9 of 26 • San Joaquin Orcutt grass (Orcuttia inaequalis) • Succulent owl's-clover (Castilleja campestris ssp. succulenta) The Closest and most recent occurrences of special-status species from the data records search are shown in (Figure 4). Figure 4 – Historical Special-Status Species Locations This map shows the closest and most recent special-status species locations from the CNDDB, and CNPS Online Rare Plant Inventory 2.2 Field Reconnaissance Methodology On February 14, 2022, Soar Environmental biologist Travis Albert conducted a Habitat Assessment on the property for the above mentioned species. Walking the perimeter of the property, and meandering transects throughout the Project site, the surveyor searched for signs of vernal pools, bird nests, possible Page 10 of 26 small mammal dens, identified vegetation, and looked for other signs of wildlife occupancy and suitable habitat. Survey efforts emphasized the search for special-status species that had documented occurrences in the data records search of the CNDDB, IPaC, and CNPS databases. Photos were taken of the Project boundaries, and from the center of the Project site in four cardinal directions depicting the habitat (Photos 1 - 8). The surveyor drove the roads within 0.5 mile surrounding the Project footprint searching for signs of special-status species and potentially active nests, or vernal pools. No active nests, or suitable habitat for the special-status species identified in this report were observed during the Habitat Assessment. 3. Habitat Assessment Results During the field reconnaissance, there were no observations of special-status plant or wildlife species. The Project site is in a residential and urban environment on the north side of the City. The surrounding area is mostly residential neighborhoods. Groundcover is dominated by ruderal plant species, comprised of a mixture of native and non-native grasses. The property is surrounded by residential housing, with a similar grassy field adjacent to the south. There are oak and evergreen trees scattered around the surrounding neighborhoods. Soil is highly disturbed from heavy machinery for the removal of a single family residence. There is an existing underground storm sewer pipe on the property with associated concrete debris and metal valve structures (Photos 9 - 12). No bird nests, small mammal burrows, riparian habitats, vernal pools, or natural water features were observed on the property. The only wildlife species observed during the habitat assessment was a rock pigeon (Columba livia). The Habitat Assessment was conducted outside the blooming period for most special status plant species, listed in (Table 3). Regardless, no special-status plant species were observed on the Project site. Ground cover was mostly bare earth on the east side near the road, otherwise dominated by a mix of native and non-native ruderal grass and weeds. Trees and shrubs only occur sparsely around the perimeter of the Project site. Habitat conditions did not appear to be conducive for the listed plant species during the site visit. Although no special-status plant or wildlife species were observed during the site visit, all wildlife observations, and plant species identified during the site visit are identified in (Table 1) below. No other wildlife species were observed during the site visit. Table 1– Species Observed on the Project Site Plant Species Observed Listing Status Cheeseweed (Malva parviflora) None Wildlife Species Observed Listing Status Rock pigeon (Columba livia) None Page 11 of 26 Menzies fiddleneck (Amsinckia menziesii) None Oat (Avina sativa) None Poverty brome (bromus sterilis) None Southern live oak (Quercus virginiana None Tiny vetch (Vicia hirsuta) None Wall Barely (Hordeum murinum) None Wild radish (Raphanus raphanistrum) None 4. Special-Status Species Special-status plants and animals that have a reasonable possibility to occur in the Project area based on habitat suitability and requirements, elevation and geographic range, soils, topography, surrounding land uses, and proximity of known occurrences in the CNDDB, IPaC, and CNPS databases to the Project area are listed in Tables 2 and 3. The likelihood for occurrence of special-status species was assessed using information from the various listed sources, wildlife and botanical surveys. Narratives are provided for species for which there are land use planning and regulatory implications. Special-status species for which there are no habitat features are excluded from consideration due to the lack of suitable habitat and distance from the subject property. Based upon a review of the resources and databases listed in Section 2.1 (Literature Review) for the Clovis, Academy, Fresno North, Fresno South, Friant, Lanes Bridge, Malaga, Round Mountain, and Sanger USGS 7.5-minute quadrangles; it was determined that 24 special-status species have been documented in the vicinity of the Project area. Of these 24 special-status species, 7 were determined to have potential for occurrence. Species with Potential for Occurrence: • California tiger salamander (Ambystoma californiense) • Tricolored blackbird (Agelaius tricolor) • Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) • Vernal pool fairy shrimp (Branchinecta lynchi) • Yellow-billed cuckoo (Coccyzus americanus) • San Joaquin Orcutt grass (Orcuttia inaequalis) • Succulent owl's-clover (Castilleja campestris ssp. succulenta) Page 12 of 26 Special-status species and sensitive habitats include plant and wildlife taxa, or other unique biological features that are afforded special protection by local land use policies, state and federal regulations. Special-status plant and animal species are those that are listed as rare, threatened, or endangered under the state or federal Endangered Species Acts. Vegetation communities may warrant special-status if they are of limited distribution, have high wildlife value, or are particularly vulnerable to disturbance. Listed and special-status species are defined as: • Listed or proposed for listing under the state or Federal Endangered Species acts. • Protected under other regulations (e.g., Migratory Bird Treaty Act). • CDFG Species of Special Concern. • Listed as species of concern by CNPS or USFWS; or • Receive consideration during environmental review under CEQA. Special-status species considered for this analysis are based on field survey results, review of the CNDDB occurrence records of species, review of the USFWS lists for special-status species occurring in the region, and CNPS literature (Tables 2 and 3). • Present: Species known to occur on the site, based on CNDDB records, and/or was observed on the site during the field survey. • High: Species known to occur on or near the site (based on CNDDB records within 8 km or 5 mi) and there is suitable habitat on the site. • Low: Species known to occur in the vicinity of the site, and there is marginal habitat onsite. -OR- Species is not known to occur in the vicinity of the site, however there is suitable habitat on the site. • None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. -OR- Species was surveyed for during the appropriate season with negative results. Table 2 – Special-Status Wildlife Species Potentially Occurring on Site or in the Vicinity Common/ Scientific Name Listing Status* Habitat Requirements Potential for Occurrence Amphibians California red-legged frog (Rana draytonii) FT, SSC Standing waters and freshwater marshes, wetland. Forest, scrub, and woodland riparian areas. Requires a breeding pond, slow- flowing stream. Will use small mammal burrows. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. California tiger salamander (Ambystoma californiense) FT, ST Grasslands, oak savannah riparian woodlands and lower elevations of coniferous forests, ditches, vernal pools, and wetlands. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Page 13 of 26 Birds Least Bell's vireo (Vireo belii pusillus) FE, SE, BCC, MBTA Willow-cottonwood forests, oak woodlands, shrubby thickets, and dry washes. During the migration- coastal scrub, woodland, and riparian habitats. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Swainson's hawk (Buteo swainsoni) ST, MBTA Nests in isolated trees or riparian woodlands adjacent to suitable foraging habitat (agricultural fields, grasslands, etc.). None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Tricolored blackbird (Agelaius tricolor) ST, BCC, MBTA Found in areas near water, such as marshes, grasslands, and wetlands. They require some sort of substrate nearby to build nests. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Western yellow-billed cuckoo (Coccyzus americanus occidentalis) FT, SE, MBTA Woodlands near streams or lakes, abandoned farmland, old fruit orchards, successional shrubland and dense thickets. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Fishes Delta smelt (Hypomesus transpacificus) FT Shallow, fresh, or slightly brackish backwater sloughs and edge waters, with good water quality and substrate for spawning. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Invertebrates Conservancy fairy shrimp (Branchinecta conservatio) FE Inhabit large, cool-water vernal pools from early November to early April, which fill with water in the rainy season, then slowly dry up. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Monarch butterfly (Danaus plexippus) FC Closed-cone coniferous forest. Roosts located in wind-protected tree groves (eucalyptus, Monterey pine, cypress), with nectar and water sources nearby. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) FT Occurs only in the Central Valley of California, in association with blue elderberry (Sambucus mexicana), in riparian scrub None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Vernal pool fairy shrimp (Branchinecta lynchi) FT Grasslands of the Central Valley, Central Coast mountains, and South Coast mountains, in valley foothills None: Species is not known to occur on or in the vicinity of the site and there is no Page 14 of 26 grasslands, vernal pools, and wetlands. suitable habitat for the species on the site. Vernal pool tadpole Shrimp (Lepidurus packardi) FE Vernal pools, (hardpan, duripan, or claypan), grassland. Pools commonly found in grass- bottomed or mud-bottomed swales. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Mammals Fisher (Pekania pennanti) FE Occurs in intermediate to large- tree stages of coniferous forests and deciduous-riparian habitats with a high percent canopy closure. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Fresno kangaroo rat (Dipodomys nitratoides exilis) FE, SE Arid and alkaline plains under shrub and grass vegetation, coastal scrub, open stages of chaparral, and desert scrub habitats, and in conifer woodlands. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. San Joaquin kit fox (Vulpes macrotis mutica) FE, SE Arid flat grasslands, scrublands, and alkali meadows with short vegetation. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Reptiles Blunt-nosed leopard lizard (Gambelia sila) FE, SE Semi-arid grasslands, alkali flats, and washes, utilize shrubs and small mammal burrows. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. Giant garter snake (Thamnophis gigas) FT Marshes, sloughs, drainage canals, irrigation ditches, and prefers locations with vegetation close to water for basking. None: Species is not known to occur on or in the vicinity of the site and there is no suitable habitat for the species on the site. *Listing Status Notes: Federal: FE – Federally listed Endangered FT – Federally listed Threatened FC – Federal Candidate Species WL – USFWS Watch list BCC – USFWS Bird of Conservation Concern MTBA – Migratory Bird Treaty Act State: SE – State listed Endangered ST – State listed Threatened SC – State Candidate Species SR – State Rare Species SA – State Special Animal FP – CDFW Fully Protected Species SSC – CDFW Species of Special Concern WL – CDFW Watch List Page 15 of 26 Table 3 – Special-Status Plant Species Potentially Occurring on Site or in the Vicinity Common/ Scientific Name *Status Fed/CA/CNPS/ Bloom Period Habitat Description Habitat Present/ Absent California jewelflower (Caulanthus californicus) FE/CE/1B.1/ Feb-May Chenopod scrub, Pinyon- Juniper woodland, valley and foothill grassland Absent Greene's tuctoria (Tuctoria greenei) FE/SR/1B.1/ May-Jul Vernal pools, hardpan, tuffaceous alluvium, or claypan. Absent Hairy Orcutt grass (Orcuttia Pilosa) FE/CE/1B.1/ May-Sep Near streams, alluvial fans and within annual grasslands Absent Hartweg's golden sunburst (Pseudobahia bahiifolia) FE/CE.1B.1/ Mar-Apr Open grasslands and grasslands at the margins of blue oak woodland, foothills Absent San Joaquin Adobe Sunburst (Pseudobahia peirsonii) FT/CE/1B.1/ Feb-Apr Cismontane woodland, valley and foothill grassland, adobe clay Absent San Joaquin Valley Orcutt grass (Orcuttia inaequalis) FT/CE/1B.1/ Apr-Sep Vernal pools Absent Succulent owl's-clover (Castilleja campestris var. succulenta) 1B.2/ Apr- Sep Vernal pools (50 – 750 m; 165-2460 ft) Absent *Listing Status Notes: Federal: FE – Federally listed Endangered FT – Federally listed Threatened FC – Federal Candidate Species State: SE – State listed Endangered ST – State listed Threatened SC – State Candidate Species SR – State Rare Species CRPR: California Native Plant Society Rare Plant Rank CBR – Considered but Rejected 1B – Rare, threatened, or endangered in CA and elsewhere 2 – Rare, threatened, or endangered in CA but common elsewhere 4 – Limited distribution (Watch-list) CBR – Considered but Rejected CRPR Extensions 0.1 – Seriously endangered in California 0.2 – Fairly endangered in California 0.3 – Not very endangered in California Page 16 of 26 4.1 Special-Status Wildlife Species Descriptions This section describes identifiable physical characteristics and habitat requirements for special-status species identified in the data records search that were within 5 miles of the project site. 4.1.1 California Tiger Salamander (Ambystoma californiense) California tiger salamander is listed as Threatened on the federal and state level. Adults range in size from 15-22 centimeters (6 to 9 inches) and have a dark background color with distinctive yellow spots. Juveniles look much like adults but lack the yellow spots. Larval are grayish green in color and have the appearance of tadpoles with obvious, external gills. California tiger salamander eggs are clear and are typically laid singly or in groups of three or four in shallow ponds. Endemic to California, this species is found in grasslands, oak savannah woodlands, edges of mixed woodland, lower elevations of coniferous forests, and in heavily grazed fields along the Central California Coast and within the Central San Joaquin Valley. They may breed in ditches where water is present for a long enough duration for eggs and larvae to metamorphose into adults. During the non-breeding season (approximately late May through early November), California tiger salamander live in small mammal burrows, typically those of ground squirrels and pocket gophers. California tiger salamander spend most of each year on land, emerging from refugia only occasionally, usually on rainy nights, and have been observed on land up to 1.24 miles from potential breeding pools. During the Habitat Assessment there were no signs of California tiger salamander, and suitable habitat for this species was not observed within the vicinity of the Project Site. A search of CNDDB records indicate the nearest and most recent occurrences of this species are 3.30 miles away at 5° N in 1992, or 4.05 miles away at 37° NE in 2017. 4.1.2 Tricolored Blackbird (Agelaius tricolor) Tricolored blackbird is a state threatened species. Males are larger than females and possess dark red shoulder patches with white median coverts on the wings, giving the species its name. Males have brown plumage in the fall. Females are shades of gray with a lighter gray throat. They are about 22 cm long with a 35.5 cm wingspan. They weigh approximately 59.5 grams. Tricolored blackbirds are found in areas near water, such as marshes, grasslands, and wetlands. They require some sort of substrate nearby to build nests. This substrate is often in the form of aquatic vegetation. They also need foraging areas, which can consist of grassland or agricultural pastures such as rice, grain, or alfalfa. There were no observations of tricolored blackbird during the habitat assessment. Wetland habitat normally associated with this species was not present in the vicinity of the project site. According to CNDDB records the closest and most recent occurrence for this species is 0.33 miles away at 176° S, in May of 1974. Page 17 of 26 4.1.3 Western yellow-billed cuckoo (Coccyzus americanus occidentalis) Yellow-billed cuckoos are threatened on the federal level and endangered on the state level. They have uniform grayish-brown plumage on their head and back, and dull white underparts. Their tails are long with two rows of four to six large white circles on the underside. The bill of yellow-billed cuckoos is short to medium in length and curved downward with a black upper mandible and a yellow or orange lower mandible. Yellow-billed cuckoos have zygodactylous feet, meaning that of the four toes, the middle two point forward and the outer two point backward. Yellow-billed cuckoos prefer open woodlands with clearings and a dense shrub layer. They are often found in woodlands near streams, rivers or lakes. In North America, their preferred habitats include abandoned farmland, old fruit orchards, successional shrubland and dense thickets. In winter, yellow- billed cuckoos can be found in tropical habitats with similar structure, such as scrub forest and mangroves. During the Habitat Assessment there were no signs of western yellow-billed cuckoo and suitable habitat for this species was not observed within the vicinity of the Project Site. A search of CNDDB records indicate the nearest and most recent occurrences of this species are 3.65 miles away at 308° N in 1883. 4.1.4 Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) The valley elderberry longhorn beetle is listed as threatened at the federal level. This insect is found in the presence of red or blue elderberry in the San Joaquin Valley of California, often preferring larger (2-8 inch thick stem), stressed elderberry plants (CNDDB). Breeding typically occurs between March and June when adults are most active. The habitat on the Project Site is not suitable for valley elderberry longhorn beetle as there are no host plant, red or blue valley elderberry. CNDDB records indicate the closest and most recent observations of this species is 3.20 miles at 297° N, along the San Joaquin river in March of 1992. 4.1. 5 Vernal Pool Fairy Shrimp (Brachinecta lynchi) Vernal pool fairy shrimp is listed as threatened on the federal level and has no listing on the state level. Species can be up to 2.5 centimeters (one inch) long, they are translucent crustaceans with 11 pairs of appendages. Vernal pool fairy shrimp are limited to vernal pool habitats in Oregon and California and do not occur in riverine, marine, or other permanent bodies of water where fish are present. During the wet season, the females produce hardy resting eggs, called cysts, which survive the dry season and hatch when the rains come again. Habitat on the Project Site is not suitable for vernal pool fairy shrimp as there are no vernal pools present on the Project area. A search of CNDDB records indicate the nearest and most recent occurrence of this species is 3.30 miles away at 5° N in 1992. According to CMDB records vernal pool fairy shrimp are potentially extirpated in the local area. Page 18 of 26 4.1.6 San Joaquin Valley Orcutt grass (Orcuttia inaequalis) San Joaquin Valley Orcutt grass is a Federally Threatened and State Endangered mat-forming, hairy annual grass that grows up to 6 inches (15 cm) tall, with small brown flower clusters that bloom from April to September. San Joaquin Valley Orcutt grass only grows in vernal pool habitats. During the field survey, the Soar Biologist did not observe signs of San Joaquin Valley Orcutt grass within the Project Site or surrounding area. Due to urbanization and the highly disturbed nature of the area, the potential for this species is unlikely. There are no vernal pool habitats or seasonal wetlands onsite, and there is no evidence that stormwater accumulates for a long enough duration to allow this wetland species to thrive. The closest known occurrence of San Joaquin Valley Orcutt grass is 2.80 miles away at 267° W of the Project Site in in 1927. The most recent occurrence is 4.58 miles away at 9° N in May of 1996. No adverse impacts to San Joaquin Valley Orcutt grass are anticipated to occur during proposed construction activities. 4.1.7 Succulent owl’s clover (Castilleja camperstris) Succulent owl’s clover is listed as federally threatened and state endangered. It is a small herbaceous annual plant found in vernal pools of the eastern San Joaquin Valley. The stems are generally 5 to 25 cm (2-10 inches) tall and may be branched or unbranched. Branches end in short, dense, green inflorescences. The leaves are succulent and brittle. Yellow or white flowers bloom in May. SOC is found in vernal pools along the eastern San Joaquin Valley in the Southern Sierra Foothills. During the field survey, no succulent owl’s clover was observed within the Project Site or surrounding area. CNDDB records indicate the nearest occurrence of succulent owl’s clover is 2.20 miles away at 276° W. There is no evidence of vernal pools occurring on the Project Site, and the proposed project is not likely to adversely affect the species. 5. Findings During the Habitat Assessment, Soar Environmental did not observe any of the referenced special-status species within the Project site or environmental footprint. A records search of the CNDDB, IPaC, and CNPS Online Rare Plant Inventory indicated proximal locations of the following species within 5 miles of the Project site: California tiger salamander, tricolored blackbird, western yellow-billed cuckoo, valley elderberry longhorn beetle, vernal pool fairy shrimp, San Joaquin Orcutt grass, and succulent owl's-clover (Figure 4). The findings for this report are summarized below. California tiger salamander are not likely to occur in the vicinity of the Project site due to the proximity of the historical occurrences and lack of suitable habitat. California tiger salamander typically inhabit shallow vernal pools that contain standing water for at least 10 continuous weeks in the year. Their physical development is dependent on annual shrinkage of the ponded water. There are no water features on the Project site that would provide suitable breeding habitat, or burrows that would provide refugia for this species. A search of CNDDB records indicate the nearest and most recent occurrences of this species are 3.30 miles away in 1992, and 4.05 miles away in 2017. During the Habitat Assessment there were no signs Page 19 of 26 of California tiger salamander, and suitable habitat for this species was not observed within the vicinity of the Project site. There were no observations of tricolored blackbird or western yellow-billed cuckoo during the habitat assessment. Although observations of tricolored blackbird were recorded 0.33 miles from the Project site in 1974, land use in the area has been greatly developed since, and suitable habitat for both bird species is no longer present. Two invertebrate species were identified in the records search: valley elderberry longhorn beetle and vernal pool fairy shrimp. Suitable habitat for either species does not occur in the vicinity of the Project site. There are no red or blue valley elderberry in the vicinity of the Project site, necessary for valley elderberry longhorn beetle occupancy, and there is no vernal pool habitat required for vernal pool fairy shrimp. As there is no vernal pool habitat on the Project site, suitable habitat for both plant species identified in the data records search; San Joaquin Valley Orcutt grass, and succulent owl’s clover, is not present in the vicinity of the Project site. These are both wetland plant species. There are no vernal pool habitats or seasonal wetlands onsite, and there is no evidence that stormwater accumulates for a long enough duration to allow these wetland plant species to thrive. From the information gathered in the data records search and analysis of the habitat on site, these species were found to have the highest potential for occurrence in the vicinity of the project site. However, due to habitat quality and proximity of historical occurrences, all of these species were found to be unlikely to occur within the vicinity of the Project site. Based on the findings of this assessment, the proposed development of this property is unlikely to adversely affect any special-status species and is likely to have no effect for CEQA considerations. 6. Recommendations No listed species were observed during the Habitat Assessment of the Project site, and no suitable habitat features, or conditions were observed that would be conducive for any of the aforementioned species. The proposed development of this parcel is unlikely to adversely affect any special-status species. Soar Environmental Consulting, Inc. recommends that if any special status species are observed during construction activities, work be stopped immediately and CDFW is contacted. 7. Study Limitations This Report has been prepared in accordance with generally accepted environmental methodologies and contains all the limitations inherent in these methodologies. The Report documents site conditions that were observed during field reconnaissance and do not apply to future conditions. No other warranties, expressed or implied, are made as to the professional services provided under the terms of our contract and included in this Report. Page 20 of 26 8. Works Cited Calflora. (2020). Taxon Report. Retrieved from https://www.calflora.org California Diversity Database (CNDDB). California Department of Fish and Wildlife RareFind. Retrieved from https://map.dfg.ca.gov/rarefind CDFW. (17 June 2013). California’s Vernal Pools. Retrieved from https://www.wildlife.ca.gov/Conservation/Plants/Vernal-Pools CDFW. (March 20, 2018). Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities. Retrieved from https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline Audubon Guide to North American Birds. (2020). https://www.audubon.org Calscape. (2020). Retrieved from https://calscape.org Center for Biological Diversity. (2020). Retrieved from https://www.biologicaldiversity.org Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service. (1999). Standardized Recommendations for the Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance. Retrieved from https://www.wildlife.ca.gov/Conservation/Survey- Protocols#377281285-mammals US EPA. (Feb. 2010). Delta Smelt, Hypomesus transpacificus. Retrieved from https://www.epa.gov/sites/production/files/2013-08/documents/delta-smelt_0.pdf USFWS. (2005). Revised Guidance on Site Assessment and Field Surveys for the California Red-legged Frog. Retrieved from https://www.wildlife.ca.gov/Conservation/Survey-Protocols#377281282- amphibians Page 21 of 26 APPENDIX A: Project Site Photographs Photo 1 – Northern Boundary (View West) Photo 2 – Eastern Boundary (View South) Page 22 of 26 Photo 3 – Southern Boundary (View West) Photo 4 – Eastern Boundary (View South) Page 23 of 26 Photo 5 – Center of Project Site (View North) Photo 6 – Center of Project Area (View East) Page 24 of 26 Photo 7 – Center of Project Area (View South) Photo 8 – Center of Project Area (View West) Page 25 of 26 Photo 9 – South Boundary of Project Site (View East) Photo 10 – Water Irrigation Valve (View Northwest) Page 26 of 26 Photo 11 – Stormwater Retention Pond Along Western Boundary (View Northwest) Photo 12 – Tree Patch Canopy Cover (View Southwest) Tool Version:Report Date: 2/13/2023 Name: Jurisdiction APN No. Single‐family: 0 DU Multi‐family: 32 DU Total: 32 DU Percent Affordable:0% Non‐Residential Office: 0 EMP Others: TSF Included in the project TDM Quantification % VMT/Capita Reduction % VMT/Employment Reduction No N/A No N/A 12.9 County VMT / Capita: 16.1 Significant Impact:No Project VMT Results Residential Project's VMT/Capita (12.9) is less than County VMT/Capita (14.0 using 13% as threshold) Project VMT per Capita: Project VMT per Capita with TDM Measures: 12.9 Significant Impact with TDM measures:No Project TDM measures (VMT reduction strategies) Fresno COG Vehicle Miles Traveled Analysis Tool Summary Report Version 1.38 Project Information Chestnut Apartments Fresno 40353228 Project Land Use Residential TDM Strategy Implement Project Specific Vanpool Program Implement Project Specific Carpool Program 20.0 12.9 12.9 13.1 16.1 0 5 10 15 20 25 30 35 TAZ Project Project + TDMVMT per CapitaCounty Average FNLPFresno County, AnnualProject Characteristics - Land Use - 2.11 acresConstruction Phase - 1.1 Land UsageLand UsesSizeMetricLot AcreageFloor Surface AreaPopulationApartments Low Rise 32.00 Dwelling Unit 2.11 32,000.00 921.2 Other Project CharacteristicsUrbanizationClimate ZoneUrban3Wind Speed (m/s) Precipitation Freq (Days)2.2 451.3 User Entered Comments & Non-Default Data1.0 Project Characteristics2.0 Emissions SummaryUtility CompanyPacific Gas and Electric Company2024Operational YearCO2 Intensity (lb/MWhr)203.98 0.033CH4 Intensity (lb/MWhr)0.004N2O Intensity (lb/MWhr)Table NameColumn NameDefault ValueNew ValuetblLandUse LotAcreage 2.00 2.11tblWoodstoves NumberCatalytic 2.11 0.00tblWoodstoves NumberNoncatalytic 2.11 0.00CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 1 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.1 Overall ConstructionROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eYeartons/yrMT/yr2022 0.1271 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6724 150.6724 0.0280 8.5000e-004151.62562023 0.3918 0.7123 0.7801 1.4200e-0030.0106 0.0321 0.0426 2.8300e-0030.0307 0.0335 0.0000 119.0693 119.0693 0.0216 6.4000e-004119.7998Maximum 0.3918 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6724 150.6724 0.0280 8.5000e-004151.6256Unmitigated ConstructionROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eYeartons/yrMT/yr2022 0.1271 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6722 150.6722 0.0280 8.5000e-004151.62542023 0.3918 0.7123 0.7801 1.4200e-0030.0106 0.0321 0.0426 2.8300e-0030.0307 0.0335 0.0000 119.0692 119.0692 0.0216 6.4000e-004119.7996Maximum 0.3918 0.9933 0.9734 1.7900e-0030.0366 0.0468 0.0834 0.0140 0.0448 0.0588 0.0000 150.6722 150.6722 0.0280 8.5000e-004151.6254Mitigated ConstructionCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 2 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio-CO2Total CO2CH4N20CO2ePercent Reduction0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00QuarterStart DateEnd DateMaximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter)1 6-1-2022 8-31-20220.3899 0.38992 9-1-2022 11-30-20220.5449 0.54493 12-1-2022 2-28-20230.5143 0.51434 3-1-2023 5-31-20230.5151 0.51515 6-1-2023 8-31-20230.2640 0.2640Highest0.5449 0.54492.2 Overall OperationalROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArea 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425Energy 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 35.5352 35.5352 2.4300e-0036.7000e-00435.7946Mobile 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.0491Waste0.0000 0.0000 0.0000 0.0000 2.98800.0000 2.9880 0.1766 0.0000 7.4027Water0.0000 0.0000 0.0000 0.0000 0.6615 1.4695 2.1309 0.0682 1.6300e-0034.3219Total 0.2804 0.2287 1.3341 2.8100e-0030.2562 6.0300e-0030.2622 0.0685 5.9000e-0030.0745 3.6495 291.0536 294.7031 0.2605 0.0158 305.9108Unmitigated OperationalCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 3 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.2 Overall OperationalROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArea 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425Energy 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 35.5352 35.5352 2.4300e-0036.7000e-00435.7946Mobile 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.0491Waste0.0000 0.0000 0.0000 0.0000 2.98800.0000 2.9880 0.1766 0.0000 7.4027Water0.0000 0.0000 0.0000 0.0000 0.6615 1.4695 2.1309 0.0682 1.6300e-0034.3219Total 0.2804 0.2287 1.3341 2.8100e-0030.2562 6.0300e-0030.2622 0.0685 5.9000e-0030.0745 3.6495 291.0536 294.7031 0.2605 0.0158 305.9108Mitigated Operational3.0 Construction DetailConstruction PhasePhase NumberPhase NamePhase TypeStart DateEnd DateNum Days WeekNum DaysPhase Description1 Site Preparation Site Preparation 6/29/2022 7/1/2022 5 32 Grading Grading 7/2/2022 7/11/2022 5 63 Building Construction Building Construction 7/12/2022 5/15/2023 5 220ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio-CO2Total CO2CH4N20CO2ePercent Reduction0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 4 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4 Paving Paving 5/16/2023 5/29/2023 5 105Architectural CoatingArchitectural Coating 5/30/2023 6/12/2023 5 10OffRoad EquipmentPhase NameOffroad Equipment TypeAmountUsage HoursHorse PowerLoad FactorArchitectural CoatingAir Compressors 1 6.00 78 0.48Paving Cement and Mortar Mixers 1 8.00 9 0.56Building Construction Cranes 1 8.00 231 0.29Building Construction Forklifts 2 7.00 89 0.20Building Construction Generator Sets 1 8.00 84 0.74Grading Graders 1 8.00 187 0.41Site Preparation Graders 1 8.00 187 0.41Paving Pavers 1 8.00 130 0.42Paving Paving Equipment 1 8.00 132 0.36Paving Rollers 2 8.00 80 0.38Grading Rubber Tired Dozers 1 8.00 247 0.40Site Preparation Scrapers 1 8.00 367 0.48Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37Site Preparation Tractors/Loaders/Backhoes 1 7.00 97 0.37Building Construction Welders 3 8.00 46 0.45Residential Indoor: 64,800; Residential Outdoor: 21,600; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)Acres of Grading (Site Preparation Phase): 4.5Acres of Grading (Grading Phase): 6Acres of Paving: 0CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 5 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 2.3900e-0030.0000 2.3900e-0032.6000e-0040.0000 2.6000e-0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 2.0700e-0030.0235 0.0151 4.0000e-0058.9000e-0048.9000e-0048.2000e-0048.2000e-0040.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Total 2.0700e-0030.0235 0.0151 4.0000e-0052.3900e-0038.9000e-0043.2800e-0032.6000e-0048.2000e-0041.0800e-0030.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Unmitigated Construction On-Site3.1 Mitigation Measures ConstructionTrips and VMTPhase NameOffroad Equipment CountWorker Trip NumberVendor Trip NumberHauling Trip NumberWorker Trip LengthVendor Trip LengthHauling Trip LengthWorker Vehicle ClassVendor Vehicle ClassHauling Vehicle ClassSite Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTGrading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTBuilding Construction 8 23.00 3.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTPaving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTArchitectural Coating 1 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 6 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Total 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 2.3900e-0030.0000 2.3900e-0032.6000e-0040.0000 2.6000e-0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 2.0700e-0030.0235 0.0151 4.0000e-0058.9000e-0048.9000e-0048.2000e-0048.2000e-0040.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Total 2.0700e-0030.0235 0.0151 4.0000e-0052.3900e-0038.9000e-0043.2800e-0032.6000e-0048.2000e-0041.0800e-0030.0000 3.2321 3.2321 1.0500e-0030.0000 3.2582Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 7 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Total 4.0000e-0053.0000e-0053.1000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0779 0.0779 0.0000 0.0000 0.0787Mitigated Construction Off-Site3.3 Grading - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 4.6200e-0030.0510 0.0277 6.0000e-0052.2300e-0032.2300e-0032.0500e-0032.0500e-0030.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Total 4.6200e-0030.0510 0.0277 6.0000e-0050.0213 2.2300e-0030.0235 0.0103 2.0500e-0030.0123 0.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 8 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.3 Grading - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Total 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 4.6200e-0030.0510 0.0277 6.0000e-0052.2300e-0032.2300e-0032.0500e-0032.0500e-0030.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Total 4.6200e-0030.0510 0.0277 6.0000e-0050.0213 2.2300e-0030.0235 0.0103 2.0500e-0030.0123 0.0000 5.4308 5.4308 1.7600e-0030.0000 5.4747Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 9 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.3 Grading - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Total 1.0000e-0047.0000e-0057.7000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1948 0.1948 1.0000e-0051.0000e-0050.1968Mitigated Construction Off-Site3.4 Building Construction - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7617 128.7617 0.0248 0.0000 129.3827Total 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7617 128.7617 0.0248 0.0000 129.3827Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 10 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 3.8000e-0040.0100 2.8400e-0034.0000e-0051.2300e-0031.1000e-0041.3400e-0033.6000e-0041.0000e-0044.6000e-0040.0000 3.7142 3.7142 3.0000e-0055.6000e-0043.8817Worker 4.7900e-0033.2700e-0030.0368 1.0000e-0040.0114 6.0000e-0050.0115 3.0300e-0035.0000e-0053.0800e-0030.0000 9.2609 9.2609 3.0000e-0042.8000e-0049.3528Total 5.1700e-0030.0133 0.0397 1.4000e-0040.0126 1.7000e-0040.0128 3.3900e-0031.5000e-0043.5400e-0030.0000 12.9751 12.9751 3.3000e-0048.4000e-00413.2345Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7615 128.7615 0.0248 0.0000 129.3826Total 0.1150 0.9055 0.8899 1.5500e-0030.0435 0.0435 0.0417 0.0417 0.0000128.7615 128.7615 0.0248 0.0000 129.3826Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 11 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2022ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 3.8000e-0040.0100 2.8400e-0034.0000e-0051.2300e-0031.1000e-0041.3400e-0033.6000e-0041.0000e-0044.6000e-0040.0000 3.7142 3.7142 3.0000e-0055.6000e-0043.8817Worker 4.7900e-0033.2700e-0030.0368 1.0000e-0040.0114 6.0000e-0050.0115 3.0300e-0035.0000e-0053.0800e-0030.0000 9.2609 9.2609 3.0000e-0042.8000e-0049.3528Total 5.1700e-0030.0133 0.0397 1.4000e-0040.0126 1.7000e-0040.0128 3.3900e-0031.5000e-0043.5400e-0030.0000 12.9751 12.9751 3.3000e-0048.4000e-00413.2345Mitigated Construction Off-Site3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6970 99.6970 0.0189 0.0000 100.1683Total 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6970 99.6970 0.0189 0.0000 100.1683Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 12 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.5000e-0046.3300e-0031.9000e-0033.0000e-0059.5000e-0044.0000e-0051.0000e-0032.8000e-0044.0000e-0053.1000e-0040.0000 2.7695 2.7695 2.0000e-0054.2000e-0042.8941Worker 3.4200e-0032.2100e-0030.0260 8.0000e-0058.8300e-0034.0000e-0058.8700e-0032.3500e-0034.0000e-0052.3900e-0030.0000 6.9411 6.9411 2.1000e-0042.0000e-0047.0063Total 3.5700e-0038.5400e-0030.0279 1.1000e-0049.7800e-0038.0000e-0059.8700e-0032.6300e-0038.0000e-0052.7000e-0030.0000 9.7105 9.7105 2.3000e-0046.2000e-0049.9004Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6969 99.6969 0.0189 0.0000 100.1682Total 0.0823 0.6540 0.6823 1.2000e-0030.0295 0.0295 0.0282 0.0282 0.000099.6969 99.6969 0.0189 0.0000 100.1682Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 13 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.5000e-0046.3300e-0031.9000e-0033.0000e-0059.5000e-0044.0000e-0051.0000e-0032.8000e-0044.0000e-0053.1000e-0040.0000 2.7695 2.7695 2.0000e-0054.2000e-0042.8941Worker 3.4200e-0032.2100e-0030.0260 8.0000e-0058.8300e-0034.0000e-0058.8700e-0032.3500e-0034.0000e-0052.3900e-0030.0000 6.9411 6.9411 2.1000e-0042.0000e-0047.0063Total 3.5700e-0038.5400e-0030.0279 1.1000e-0049.7800e-0038.0000e-0059.8700e-0032.6300e-0038.0000e-0052.7000e-0030.0000 9.7105 9.7105 2.3000e-0046.2000e-0049.9004Mitigated Construction Off-Site3.5 Paving - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8179Paving 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Total 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8179Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 14 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.5 Paving - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Total 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8178Paving 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Total 4.4000e-0030.0431 0.0584 9.0000e-0052.1700e-0032.1700e-0032.0000e-0032.0000e-0030.0000 7.7564 7.7564 2.4600e-0030.0000 7.8178Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 15 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.5 Paving - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Total 2.3000e-0041.5000e-0041.7700e-0031.0000e-0056.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4715 0.4715 1.0000e-0051.0000e-0050.4760Mitigated Construction Off-Site3.6 Architectural Coating - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArchit. Coating 0.3004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 9.6000e-0046.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Total 0.3013 6.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 16 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.6 Architectural Coating - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Total 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArchit. Coating 0.3004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 9.6000e-0046.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Total 0.3013 6.5100e-0039.0600e-0031.0000e-0053.5000e-0043.5000e-0043.5000e-0043.5000e-0040.0000 1.2766 1.2766 8.0000e-0050.0000 1.2785Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 17 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.6 Architectural Coating - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Total 8.0000e-0055.0000e-0055.9000e-0040.0000 2.0000e-0040.0000 2.0000e-0045.0000e-0050.0000 5.0000e-0050.0000 0.1572 0.1572 0.0000 0.0000 0.1587Mitigated Construction Off-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 18 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4.0 Operational Detail - MobileROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrMitigated 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.0491Unmitigated 0.1145 0.1939 1.0829 2.5900e-0030.2562 2.1200e-0030.2583 0.0685 1.9900e-0030.0705 0.0000 239.7982 239.7982 0.0126 0.0132 244.04914.1 Mitigation Measures Mobile4.2 Trip Summary Information4.3 Trip Type InformationAverage Daily Trip RateUnmitigatedMitigatedLand UseWeekdaySaturdaySundayAnnual VMTAnnual VMTApartments Low Rise234.24 260.48 200.96 683,299 683,299Total 234.24 260.48 200.96 683,299 683,299MilesTrip %Trip Purpose %Land UseH-W or C-WH-S or C-CH-O or C-NWH-W or C-WH-S or C-CH-O or C-NWPrimaryDivertedPass-byApartments Low Rise 10.80 7.30 7.50 48.40 15.90 35.70 86 11 34.4 Fleet MixLand Use LDALDT1LDT2MDVLHD1LHD2MHDHHDOBUSUBUSMCYSBUSMHApartments Low Rise 0.515888 0.053153 0.175761 0.156529 0.025865 0.006829 0.014141 0.022504 0.000707 0.000289 0.023863 0.001496 0.002975CalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 19 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 5.0 Energy DetailROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrElectricity Mitigated0.0000 0.0000 0.0000 0.00000.0000 12.2310 12.2310 1.9800e-0032.4000e-00412.3519Electricity Unmitigated0.0000 0.0000 0.0000 0.00000.0000 12.2310 12.2310 1.9800e-0032.4000e-00412.3519NaturalGas Mitigated2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427NaturalGas Unmitigated2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.44275.1 Mitigation Measures EnergyHistorical Energy Use: NCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 20 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 5.2 Energy by Land Use - NaturalGasNaturalGas UseROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eLand UsekBTU/yrtons/yrMT/yrApartments Low Rise436705 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427Total 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427UnmitigatedNaturalGas UseROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eLand UsekBTU/yrtons/yrMT/yrApartments Low Rise436705 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427Total 2.3500e-0030.0201 8.5600e-0031.3000e-0041.6300e-0031.6300e-0031.6300e-0031.6300e-0030.0000 23.3042 23.3042 4.5000e-0044.3000e-00423.4427MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 21 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 6.1 Mitigation Measures Area6.0 Area Detail5.3 Energy by Land Use - ElectricityElectricity UseTotal CO2CH4N2OCO2eLand UsekWh/yrMT/yrApartments Low Rise132193 12.2310 1.9800e-0032.4000e-00412.3519Total 12.2310 1.9800e-0032.4000e-00412.3519UnmitigatedElectricity UseTotal CO2CH4N2OCO2eLand UsekWh/yrMT/yrApartments Low Rise132193 12.2310 1.9800e-0032.4000e-00412.3519Total 12.2310 1.9800e-0032.4000e-00412.3519MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 22 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrMitigated 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425Unmitigated 0.1636 0.0147 0.2426 9.0000e-0052.2800e-0032.2800e-0032.2800e-0032.2800e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.34256.2 Area by SubCategoryROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eSubCategorytons/yrMT/yrArchitectural Coating0.0300 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Consumer Products0.1250 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hearth 1.4000e-0030.0120 5.0900e-0038.0000e-0059.7000e-0049.7000e-0049.7000e-0049.7000e-0040.0000 13.8626 13.8626 2.7000e-0042.5000e-00413.9450Landscaping 7.1400e-0032.7400e-0030.2375 1.0000e-0051.3200e-0031.3200e-0031.3200e-0031.3200e-0030.0000 0.3881 0.3881 3.7000e-0040.0000 0.3974Total 0.1636 0.0147 0.2426 9.0000e-0052.2900e-0032.2900e-0032.2900e-0032.2900e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425UnmitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 23 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 7.1 Mitigation Measures Water7.0 Water Detail6.2 Area by SubCategoryROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eSubCategorytons/yrMT/yrArchitectural Coating0.0300 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Consumer Products0.1250 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hearth 1.4000e-0030.0120 5.0900e-0038.0000e-0059.7000e-0049.7000e-0049.7000e-0049.7000e-0040.0000 13.8626 13.8626 2.7000e-0042.5000e-00413.9450Landscaping 7.1400e-0032.7400e-0030.2375 1.0000e-0051.3200e-0031.3200e-0031.3200e-0031.3200e-0030.0000 0.3881 0.3881 3.7000e-0040.0000 0.3974Total 0.1636 0.0147 0.2426 9.0000e-0052.2900e-0032.2900e-0032.2900e-0032.2900e-0030.0000 14.2508 14.2508 6.4000e-0042.5000e-00414.3425MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 24 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Total CO2CH4N2OCO2eCategoryMT/yrMitigated 2.1309 0.0682 1.6300e-0034.3219Unmitigated 2.1309 0.0682 1.6300e-0034.32197.2 Water by Land UseIndoor/Outdoor UseTotal CO2CH4N2OCO2eLand UseMgalMT/yrApartments Low Rise2.08493 / 1.314412.1309 0.0682 1.6300e-0034.3219Total 2.1309 0.0682 1.6300e-0034.3219UnmitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 25 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 7.2 Water by Land UseIndoor/Outdoor UseTotal CO2CH4N2OCO2eLand UseMgalMT/yrApartments Low Rise2.08493 / 1.314412.1309 0.0682 1.6300e-0034.3219Total 2.1309 0.0682 1.6300e-0034.3219Mitigated8.1 Mitigation Measures Waste8.0 Waste DetailTotal CO2CH4N2OCO2eMT/yr Mitigated 2.9880 0.1766 0.0000 7.4027 Unmitigated 2.9880 0.1766 0.0000 7.4027Category/YearCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 26 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 8.2 Waste by Land UseWaste DisposedTotal CO2CH4N2OCO2eLand UsetonsMT/yrApartments Low Rise14.72 2.9880 0.1766 0.0000 7.4027Total 2.9880 0.1766 0.0000 7.4027UnmitigatedWaste DisposedTotal CO2CH4N2OCO2eLand UsetonsMT/yrApartments Low Rise14.72 2.9880 0.1766 0.0000 7.4027Total 2.9880 0.1766 0.0000 7.4027Mitigated9.0 Operational OffroadEquipment TypeNumberHours/DayDays/YearHorse PowerLoad FactorFuel TypeCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 27 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 11.0 Vegetation10.0 Stationary EquipmentFire Pumps and Emergency GeneratorsEquipment TypeNumberHours/DayHours/YearHorse PowerLoad FactorFuel TypeBoilersEquipment TypeNumberHeat Input/DayHeat Input/YearBoiler RatingFuel TypeUser Defined EquipmentEquipment TypeNumberCalEEMod Version: CalEEMod.2020.4.0Date: 3/10/2022 12:39 PMPage 28 of 28FNLP - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied FRESNO GREENHOUSE GA S (GHG) REDUCTION PLAN UPDAT E CEQA PROJECT CONSIST ENCY CHECKLIST March 2020 Page 1 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2020 Fresno Greenhouse Gas (GHG) Reduction Plan Update – CEQA Project Consistency Checklist INTRODUCTION The City of Fresno updated its 2014 Greenhouse Gas (GHG) Reduction Plan (the Plan) in the year 2020 to conform with existing applicable State climate change policies and regulations. The GHG Plan Update outlines strategies that the City will undertake to achieve its proportional share of GHG emission reductions. The purpose of this GHG Reduction Plan Update Consistency Checklist (Checklist) is to help the City provide a streamlined review process for new development projects that are subject to discretionary review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15183.5. This Checklist has been developed as part of the GHG Plan Update implementation and monitoring process and will support the achievement of individual GHG reduction strategies as well as the City’s overall GHG reduction goals. In addition, this Checklist will further the City’s sustainability goals and policies that encourage sustainable development and aim to conserve and reduce the consumption of resources, such as energy and water. Projects that meet the requirements of this Checklist will be deemed to be consistent with the Fresno GHG Reduction Plan Update and will be found to have a less than significant contribution to cumulative GHG (i.e., the project’s incremental contribution to cumulative GHG effects is not cumulatively considerable), pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). Projects that do not meet the requirements in this Checklist will be deemed to be inconsistent with the Fresno GHG Reduction Plan Update and must prepare a project- specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. This GHG Checklist can be updated to reflect adoption of new GHG reduction strategies or to comply with any changes and updates in the Plan or local, State or federal regulations. Note that not all the measures in the checklist are applicable to all projects. The projects should comply with applicable measures from the checklist. Page 2 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2020 1. Project Information Contact Information Project No./Name: Address: Applicant Name/Co: Contact Information: Project Information 1. What is the Site acreage of the Project? 2. Identify all Applicable Proposed Land uses: a. Residential (Indicate number of single-family units) b. Residential (Indicate number of multi-family units) c. Commercial (total square footage) d. Industrial (total square footage) e. Other (describe) 3. Is the project or a portion of the project located in a transit priority area? (Y/N) 4. Provide a brief description of the project proposed: Development Permit Application No. P21-062328715 N. Chestnut Avenue, Clovis, CA 93619Fresno/Newbury LP Mr. John Ashley 1554 Shaw Ave Clovis CA 93611 2.11 0 32 0 0 N/A No Residential Medium High Density Replace an existing vacant lot with 32 unit apartment complex. Page 3 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2020 2. Determining Land Use Consistency Checklist Item As the first step in determining the consistency with the GHG Reduction Plan for discretionary development projects, this section allows the City to determine the project’s consistency with the land use assumptions used in the GHG Reduction Plan. Yes No 1. Is the proposed project consistent with the approved General Plan, Specific Plan, and Community Plan planned land use and zoning designations? If the answer is Yes, then proceed to the GHG Plan Update Consistency Checklist. If the answer is No, then proceed to question 2. 2. If the proposed project is not consistent with the approved planned land use and zoning designation(s), then provide estimated GHG project emissions under both existing and proposed designation(s) for comparison. Compare the maximum buildout of the existing designation with the maximum buildout of the proposed designation. If the estimated project emissions at maximum buildout of the proposed designation(s) is equivalent to or less than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is less than significant. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. If the estimated project emission at maximum buildout of the proposed designation(s) is greater than the estimated project emissions at maximum buildout of the existing designation(s), then in accordance with the City’s Significance Determination Thresholds, the project’s GHG impact is significant. The project must either show consistency with applicable GP objectives and policies (provide applicable GP objectives and policies here) or provide analysis and measures to incorporate into the project to bring the GHG emissions to a level that is less than or equal to the estimated project emission at maximum buildout of the existing designation(s) unless the decision‐maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. If there is a proposed development project associated with this plan amendment and or rezone then complete the GHG Plan Update Consistency Checklist and incorporate applicable measures, otherwise there is no further step required. X Page 4 F RESNO G REENHOUSE G AS (GHG) R EDUCTION P LAN U PDATE M ARCH 2020 3. Greenhouse Gas (GHG) Reduction Plan Update - CEQA Project Consistency Checklist GHG Plan Update consistency review involves the evaluation of project consistency with the applicable strategies of the GHG Plan Update. This checklist was developed based on the key local GHG reduction strategies and actions identified in the GHG Plan U pdate that are applicable to new development projects. Checklist Item (Check the appropriate box and provide an explanation for your answer) Yes No Not Applicable (NA) Explanation Strategy 1: Land Use and Transportation Demand Management Does the project provide complete streets for all roadway improvements? (Complete streets are roadways that include curb, gutter, and sidewalks on both sides of the street. For local and collector streets, adequate roadway width is provided to accommodate two-way vehicle traffic and bicycles and arterial streets include striping for bike lanes.) Is the project a large employer (over 100 employees) and if so will the project comply with SJVAPCD Rule 9410 and provide an Employer Trip Reduction Implementation Plan that will include trip reduction methods such as increasing transit use, carpooling, vanpooling, bicycling, or other measures? See the SJVAPCD website link for details: https://www.valleyair.org/rules/currntrules/r9410.pdf Strategy 2: Energy Conservation and Renewable Energy Does the project meet the mandatory energy efficiency measures of the California Green Building Standards Code (CalGreen)? If the Project exceeds mandatory CalGreen measures then provide the tier number that the project will meet in the explanation. X For commercial projects, does it achieve net zero electricity? Mark NA if project will be permitted before 2030. Mark Yes if voluntary. Add source and capacity in explanation. Does the project include onsite energy generation using renewable energy? If no, mark NA. If yes, provide source and capacity in the explanation. Strategy 3: Water Conservation Does the project meet the mandatory indoor water use measures of the CalGreen Code? If the project exceeds CalGreen Code mandatory measures provide methods in excess of requirements in the explanation. Examples may include water pipe insulation, pressure reducing valves, energy efficient appliances such as Energy Star Certified dishwashers, washing machines, dual flush toilets, point of use and/or tankless water heaters. Provide the measures, devices, or systems that the project will include in the explanation. X Does the project meet the mandatory outdoor water use measures of the CalGreen Code? If the project exceeds CalGreen Code mandatory measures provide methods in excess of requirements in the explanation? Examples may include any outdoor water conservation measures such as; drought tolerant landscaping plants, compliant irrigation systems, xeriscapes etc. Provide the conservation measure that the project will include in the explanation. X Strategy 4: Solid Waste Diversion and Recycling When completed will the project implement techniques for solid waste diversion and reduction (i.e., recycling, composting, waste to energy technology, waste separation)? X During construction will the project recycle construction and demolition waste? X X X X No roadways constructed Residential project X Residential project Solar carports FNLP - single family analysis GHGFresno County, AnnualProject Characteristics - Land Use - lot acreageConstruction Phase - 1.1 Land UsageLand UsesSizeMetricLot AcreageFloor Surface AreaPopulationSingle Family Housing 12.00 Dwelling Unit 2.11 21,600.00 341.2 Other Project CharacteristicsUrbanizationClimate ZoneUrban3Wind Speed (m/s) Precipitation Freq (Days)2.2 451.3 User Entered Comments & Non-Default Data1.0 Project Characteristics2.0 Emissions SummaryUtility CompanyPacific Gas and Electric Company2025Operational YearCO2 Intensity (lb/MWhr)203.98 0.033CH4 Intensity (lb/MWhr)0.004N2O Intensity (lb/MWhr)Table NameColumn NameDefault ValueNew ValuetblLandUse LotAcreage 3.90 2.11tblWoodstoves NumberCatalytic 2.11 0.00tblWoodstoves NumberNoncatalytic 2.11 0.00CalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 1 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.1 Overall ConstructionROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eYeartons/yrMT/yr2023 0.1762 1.4120 1.4525 2.6100e-0030.0278 0.0631 0.0909 0.0117 0.0604 0.0720 0.0000 217.8850 217.8850 0.0416 3.6000e-004219.03332024 0.2266 0.1948 0.2326 4.0000e-0041.0800e-0038.4800e-0039.5600e-0032.9000e-0048.0600e-0038.3500e-0030.0000 33.9046 33.9046 7.0000e-0035.0000e-00534.0957Maximum 0.2266 1.4120 1.4525 2.6100e-0030.0278 0.0631 0.0909 0.0117 0.0604 0.0720 0.0000 217.8850 217.8850 0.0416 3.6000e-004219.0333Unmitigated ConstructionROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eYeartons/yrMT/yr2023 0.1762 1.4120 1.4525 2.6100e-0030.0278 0.0631 0.0909 0.0117 0.0604 0.0720 0.0000 217.8847 217.8847 0.0416 3.6000e-004219.03302024 0.2266 0.1948 0.2326 4.0000e-0041.0800e-0038.4800e-0039.5600e-0032.9000e-0048.0600e-0038.3500e-0030.0000 33.9045 33.9045 7.0000e-0035.0000e-00534.0957Maximum 0.2266 1.4120 1.4525 2.6100e-0030.0278 0.0631 0.0909 0.0117 0.0604 0.0720 0.0000 217.8847 217.8847 0.0416 3.6000e-004219.0330Mitigated ConstructionCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 2 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio-CO2Total CO2CH4N20CO2ePercent Reduction0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00QuarterStart DateEnd DateMaximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter)1 2-17-2023 5-16-20230.3372 0.33722 5-17-2023 8-16-20230.5061 0.50613 8-17-2023 11-16-20230.5061 0.50614 11-17-2023 2-16-20240.4830 0.48305 2-17-2024 5-16-20240.1798 0.1798Highest0.5061 0.50612.2 Overall OperationalROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArea 0.1078 5.5100e-0030.0909 3.0000e-0058.6000e-0048.6000e-0048.6000e-0048.6000e-0040.0000 5.3440 5.3440 2.4000e-0041.0000e-0045.3784Energy 1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 24.2462 24.2462 1.7300e-0034.6000e-00424.4252Mobile 0.0521 0.0884 0.4928 1.2000e-0030.1229 9.8000e-0040.1239 0.0329 9.2000e-0040.0338 0.0000 111.3438 111.3438 5.7400e-0036.1000e-003113.3059Waste0.0000 0.0000 0.0000 0.0000 2.48460.0000 2.4846 0.1468 0.0000 6.1555Water0.0000 0.0000 0.0000 0.0000 0.2480 0.5511 0.7991 0.0256 6.1000e-0041.6207Total 0.1615 0.1072 0.5894 1.3100e-0030.1229 2.9100e-0030.1258 0.0329 2.8500e-0030.0357 2.7327 141.4850 144.2177 0.1801 7.2700e-003150.8857Unmitigated OperationalCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 3 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 2.2 Overall OperationalROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArea 0.1078 5.5100e-0030.0909 3.0000e-0058.6000e-0048.6000e-0048.6000e-0048.6000e-0040.0000 5.3440 5.3440 2.4000e-0041.0000e-0045.3784Energy 1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 24.2462 24.2462 1.7300e-0034.6000e-00424.4252Mobile 0.0521 0.0884 0.4928 1.2000e-0030.1229 9.8000e-0040.1239 0.0329 9.2000e-0040.0338 0.0000 111.3438 111.3438 5.7400e-0036.1000e-003113.3059Waste0.0000 0.0000 0.0000 0.0000 2.48460.0000 2.4846 0.1468 0.0000 6.1555Water0.0000 0.0000 0.0000 0.0000 0.2480 0.5511 0.7991 0.0256 6.1000e-0041.6207Total 0.1615 0.1072 0.5894 1.3100e-0030.1229 2.9100e-0030.1258 0.0329 2.8500e-0030.0357 2.7327 141.4850 144.2177 0.1801 7.2700e-003150.8857Mitigated Operational3.0 Construction DetailConstruction PhasePhase NumberPhase NamePhase TypeStart DateEnd DateNum Days WeekNum DaysPhase Description1 Site Preparation Site Preparation 3/17/2023 3/21/2023 5 32 Grading Grading 3/22/2023 3/29/2023 5 63 Building Construction Building Construction 3/30/2023 1/31/2024 5 220ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio-CO2Total CO2CH4N20CO2ePercent Reduction0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 4 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4 Paving Paving 2/1/2024 2/14/2024 5 105Architectural CoatingArchitectural Coating 2/15/2024 2/28/2024 5 10OffRoad EquipmentPhase NameOffroad Equipment TypeAmountUsage HoursHorse PowerLoad FactorArchitectural CoatingAir Compressors 1 6.00 78 0.48Paving Cement and Mortar Mixers 1 8.00 9 0.56Building Construction Cranes 1 8.00 231 0.29Building Construction Forklifts 2 7.00 89 0.20Building Construction Generator Sets 1 8.00 84 0.74Grading Graders 1 8.00 187 0.41Site Preparation Graders 1 8.00 187 0.41Paving Pavers 1 8.00 130 0.42Paving Paving Equipment 1 8.00 132 0.36Paving Rollers 2 8.00 80 0.38Grading Rubber Tired Dozers 1 8.00 247 0.40Site Preparation Scrapers 1 8.00 367 0.48Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37Site Preparation Tractors/Loaders/Backhoes 1 7.00 97 0.37Building Construction Welders 3 8.00 46 0.45Residential Indoor: 43,740; Residential Outdoor: 14,580; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)Acres of Grading (Site Preparation Phase): 4.5Acres of Grading (Grading Phase): 6Acres of Paving: 0CalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 5 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 2.3900e-0030.0000 2.3900e-0032.6000e-0040.0000 2.6000e-0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 1.9500e-0030.0214 0.0147 4.0000e-0058.1000e-0048.1000e-0047.5000e-0047.5000e-0040.0000 3.2317 3.2317 1.0500e-0030.0000 3.2578Total 1.9500e-0030.0214 0.0147 4.0000e-0052.3900e-0038.1000e-0043.2000e-0032.6000e-0047.5000e-0041.0100e-0030.0000 3.2317 3.2317 1.0500e-0030.0000 3.2578Unmitigated Construction On-Site3.1 Mitigation Measures ConstructionTrips and VMTPhase NameOffroad Equipment CountWorker Trip NumberVendor Trip NumberHauling Trip NumberWorker Trip LengthVendor Trip LengthHauling Trip LengthWorker Vehicle ClassVendor Vehicle ClassHauling Vehicle ClassArchitectural Coating 1 1.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTBuilding Construction 8 4.00 1.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTGrading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTPaving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTSite Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDTCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 6 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 4.0000e-0052.0000e-0052.8000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0755 0.0755 0.0000 0.0000 0.0762Total 4.0000e-0052.0000e-0052.8000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0755 0.0755 0.0000 0.0000 0.0762Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 2.3900e-0030.0000 2.3900e-0032.6000e-0040.0000 2.6000e-0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 1.9500e-0030.0214 0.0147 4.0000e-0058.1000e-0048.1000e-0047.5000e-0047.5000e-0040.0000 3.2317 3.2317 1.0500e-0030.0000 3.2578Total 1.9500e-0030.0214 0.0147 4.0000e-0052.3900e-0038.1000e-0043.2000e-0032.6000e-0047.5000e-0041.0100e-0030.0000 3.2317 3.2317 1.0500e-0030.0000 3.2578Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 7 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.2 Site Preparation - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 4.0000e-0052.0000e-0052.8000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0755 0.0755 0.0000 0.0000 0.0762Total 4.0000e-0052.0000e-0052.8000e-0040.0000 1.0000e-0040.0000 1.0000e-0043.0000e-0050.0000 3.0000e-0050.0000 0.0755 0.0755 0.0000 0.0000 0.0762Mitigated Construction Off-Site3.3 Grading - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 4.0000e-0030.0434 0.0261 6.0000e-0051.8100e-0031.8100e-0031.6700e-0031.6700e-0030.0000 5.4312 5.4312 1.7600e-0030.0000 5.4751Total 4.0000e-0030.0434 0.0261 6.0000e-0050.0213 1.8100e-0030.0231 0.0103 1.6700e-0030.0119 0.0000 5.4312 5.4312 1.7600e-0030.0000 5.4751Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 8 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.3 Grading - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 9.0000e-0056.0000e-0057.1000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1886 0.1886 1.0000e-0051.0000e-0050.1904Total 9.0000e-0056.0000e-0057.1000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1886 0.1886 1.0000e-0051.0000e-0050.1904Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrFugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 4.0000e-0030.0434 0.0261 6.0000e-0051.8100e-0031.8100e-0031.6700e-0031.6700e-0030.0000 5.4312 5.4312 1.7600e-0030.0000 5.4751Total 4.0000e-0030.0434 0.0261 6.0000e-0050.0213 1.8100e-0030.0231 0.0103 1.6700e-0030.0119 0.0000 5.4312 5.4312 1.7600e-0030.0000 5.4751Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 9 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.3 Grading - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 9.0000e-0056.0000e-0057.1000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1886 0.1886 1.0000e-0051.0000e-0050.1904Total 9.0000e-0056.0000e-0057.1000e-0040.0000 2.4000e-0040.0000 2.4000e-0046.0000e-0050.0000 6.0000e-0050.0000 0.1886 0.1886 1.0000e-0051.0000e-0050.1904Mitigated Construction Off-Site3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.1688 1.3420 1.4001 2.4700e-0030.0604 0.0604 0.0579 0.0579 0.0000204.5865 204.5865 0.0387 0.0000 205.5538Total 0.1688 1.3420 1.4001 2.4700e-0030.0604 0.0604 0.0579 0.0579 0.0000204.5865 204.5865 0.0387 0.0000 205.5538Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 10 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.1000e-0044.3300e-0031.3000e-0032.0000e-0056.5000e-0043.0000e-0056.8000e-0041.9000e-0043.0000e-0052.2000e-0040.0000 1.8944 1.8944 1.0000e-0052.9000e-0041.9796Worker 1.2200e-0037.9000e-0049.2900e-0033.0000e-0053.1500e-0032.0000e-0053.1700e-0038.4000e-0041.0000e-0058.5000e-0040.0000 2.4772 2.4772 8.0000e-0057.0000e-0052.5004Total 1.3300e-0035.1200e-0030.0106 5.0000e-0053.8000e-0035.0000e-0053.8500e-0031.0300e-0034.0000e-0051.0700e-0030.0000 4.3716 4.3716 9.0000e-0053.6000e-0044.4801Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.1688 1.3420 1.4001 2.4700e-0030.0604 0.0604 0.0579 0.0579 0.0000204.5863 204.5863 0.0387 0.0000 205.5535Total 0.1688 1.3420 1.4001 2.4700e-0030.0604 0.0604 0.0579 0.0579 0.0000204.5863 204.5863 0.0387 0.0000 205.5535Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 11 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2023ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.1000e-0044.3300e-0031.3000e-0032.0000e-0056.5000e-0043.0000e-0056.8000e-0041.9000e-0043.0000e-0052.2000e-0040.0000 1.8944 1.8944 1.0000e-0052.9000e-0041.9796Worker 1.2200e-0037.9000e-0049.2900e-0033.0000e-0053.1500e-0032.0000e-0053.1700e-0038.4000e-0041.0000e-0058.5000e-0040.0000 2.4772 2.4772 8.0000e-0057.0000e-0052.5004Total 1.3300e-0035.1200e-0030.0106 5.0000e-0053.8000e-0035.0000e-0053.8500e-0031.0300e-0034.0000e-0051.0700e-0030.0000 4.3716 4.3716 9.0000e-0053.6000e-0044.4801Mitigated Construction Off-Site3.4 Building Construction - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.0184 0.1475 0.1622 2.9000e-0046.1900e-0036.1900e-0035.9300e-0035.9300e-0030.0000 23.8871 23.8871 4.4500e-0030.0000 23.9983Total 0.0184 0.1475 0.1622 2.9000e-0046.1900e-0036.1900e-0035.9300e-0035.9300e-0030.0000 23.8871 23.8871 4.4500e-0030.0000 23.9983Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 12 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.0000e-0055.1000e-0041.5000e-0040.0000 8.0000e-0050.0000 8.0000e-0052.0000e-0050.0000 3.0000e-0050.0000 0.2174 0.2174 0.0000 3.0000e-0050.2272Worker 1.3000e-0048.0000e-0051.0000e-0030.0000 3.7000e-0040.0000 3.7000e-0041.0000e-0040.0000 1.0000e-0040.0000 0.2797 0.2797 1.0000e-0051.0000e-0050.2822Total 1.4000e-0045.9000e-0041.1500e-0030.0000 4.5000e-0040.0000 4.5000e-0041.2000e-0040.0000 1.3000e-0040.0000 0.4971 0.4971 1.0000e-0054.0000e-0050.5094Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 0.0184 0.1475 0.1622 2.9000e-0046.1900e-0036.1900e-0035.9300e-0035.9300e-0030.0000 23.8871 23.8871 4.4500e-0030.0000 23.9983Total 0.0184 0.1475 0.1622 2.9000e-0046.1900e-0036.1900e-0035.9300e-0035.9300e-0030.0000 23.8871 23.8871 4.4500e-0030.0000 23.9983Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 13 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.4 Building Construction - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 1.0000e-0055.1000e-0041.5000e-0040.0000 8.0000e-0050.0000 8.0000e-0052.0000e-0050.0000 3.0000e-0050.0000 0.2174 0.2174 0.0000 3.0000e-0050.2272Worker 1.3000e-0048.0000e-0051.0000e-0030.0000 3.7000e-0040.0000 3.7000e-0041.0000e-0040.0000 1.0000e-0040.0000 0.2797 0.2797 1.0000e-0051.0000e-0050.2822Total 1.4000e-0045.9000e-0041.1500e-0030.0000 4.5000e-0040.0000 4.5000e-0041.2000e-0040.0000 1.3000e-0040.0000 0.4971 0.4971 1.0000e-0054.0000e-0050.5094Mitigated Construction Off-Site3.5 Paving - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 4.2100e-0030.0405 0.0585 9.0000e-0051.9800e-0031.9800e-0031.8300e-0031.8300e-0030.0000 7.7574 7.7574 2.4600e-0030.0000 7.8188Paving 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Total 4.2100e-0030.0405 0.0585 9.0000e-0051.9800e-0031.9800e-0031.8300e-0031.8300e-0030.0000 7.7574 7.7574 2.4600e-0030.0000 7.8188Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 14 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.5 Paving - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 2.1000e-0041.3000e-0041.6300e-0030.0000 6.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4560 0.4560 1.0000e-0051.0000e-0050.4601Total 2.1000e-0041.3000e-0041.6300e-0030.0000 6.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4560 0.4560 1.0000e-0051.0000e-0050.4601Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrOff-Road 4.2100e-0030.0405 0.0585 9.0000e-0051.9800e-0031.9800e-0031.8300e-0031.8300e-0030.0000 7.7573 7.7573 2.4600e-0030.0000 7.8188Paving 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000Total 4.2100e-0030.0405 0.0585 9.0000e-0051.9800e-0031.9800e-0031.8300e-0031.8300e-0030.0000 7.7573 7.7573 2.4600e-0030.0000 7.8188Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 15 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.5 Paving - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 2.1000e-0041.3000e-0041.6300e-0030.0000 6.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4560 0.4560 1.0000e-0051.0000e-0050.4601Total 2.1000e-0041.3000e-0041.6300e-0030.0000 6.0000e-0040.0000 6.0000e-0041.6000e-0040.0000 1.6000e-0040.0000 0.4560 0.4560 1.0000e-0051.0000e-0050.4601Mitigated Construction Off-Site3.6 Architectural Coating - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArchit. Coating 0.2027 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 9.0000e-0046.0900e-0039.0500e-0031.0000e-0053.0000e-0043.0000e-0043.0000e-0043.0000e-0040.0000 1.2766 1.2766 7.0000e-0050.0000 1.2784Total 0.2036 6.0900e-0039.0500e-0031.0000e-0053.0000e-0043.0000e-0043.0000e-0043.0000e-0040.0000 1.2766 1.2766 7.0000e-0050.0000 1.2784Unmitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 16 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.6 Architectural Coating - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 1.0000e-0051.0000e-0051.1000e-0040.0000 4.0000e-0050.0000 4.0000e-0051.0000e-0050.0000 1.0000e-0050.0000 0.0304 0.0304 0.0000 0.0000 0.0307Total 1.0000e-0051.0000e-0051.1000e-0040.0000 4.0000e-0050.0000 4.0000e-0051.0000e-0050.0000 1.0000e-0050.0000 0.0304 0.0304 0.0000 0.0000 0.0307Unmitigated Construction Off-SiteROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrArchit. Coating 0.2027 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Off-Road 9.0000e-0046.0900e-0039.0500e-0031.0000e-0053.0000e-0043.0000e-0043.0000e-0043.0000e-0040.0000 1.2766 1.2766 7.0000e-0050.0000 1.2784Total 0.2036 6.0900e-0039.0500e-0031.0000e-0053.0000e-0043.0000e-0043.0000e-0043.0000e-0040.0000 1.2766 1.2766 7.0000e-0050.0000 1.2784Mitigated Construction On-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 17 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 3.6 Architectural Coating - 2024ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrHauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.0000 0.0000 0.0000 0.0000Worker 1.0000e-0051.0000e-0051.1000e-0040.0000 4.0000e-0050.0000 4.0000e-0051.0000e-0050.0000 1.0000e-0050.0000 0.0304 0.0304 0.0000 0.0000 0.0307Total 1.0000e-0051.0000e-0051.1000e-0040.0000 4.0000e-0050.0000 4.0000e-0051.0000e-0050.0000 1.0000e-0050.0000 0.0304 0.0304 0.0000 0.0000 0.0307Mitigated Construction Off-SiteCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 18 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4.0 Operational Detail - MobileROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrMitigated 0.0521 0.0884 0.4928 1.2000e-0030.1229 9.8000e-0040.1239 0.0329 9.2000e-0040.0338 0.0000 111.3438 111.3438 5.7400e-0036.1000e-003113.3059Unmitigated 0.0521 0.0884 0.4928 1.2000e-0030.1229 9.8000e-0040.1239 0.0329 9.2000e-0040.0338 0.0000 111.3438 111.3438 5.7400e-0036.1000e-003113.30594.1 Mitigation Measures Mobile4.2 Trip Summary Information4.3 Trip Type InformationAverage Daily Trip RateUnmitigatedMitigatedLand UseWeekdaySaturdaySundayAnnual VMTAnnual VMTSingle Family Housing 113.28 114.48 102.60 327,905 327,905Total 113.28 114.48 102.60 327,905 327,905MilesTrip %Trip Purpose %Land UseH-W or C-WH-S or C-CH-O or C-NWH-W or C-WH-S or C-CH-O or C-NWPrimaryDivertedPass-bySingle Family Housing 10.80 7.30 7.50 48.40 15.90 35.70 86 11 34.4 Fleet MixLand Use LDALDT1LDT2MDVLHD1LHD2MHDHHDOBUSUBUSMCYSBUSMHSingle Family Housing 0.521458 0.053308 0.175656 0.151963 0.025001 0.006656 0.014407 0.022718 0.000702 0.000287 0.023515 0.001463 0.002865CalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 19 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 5.0 Energy DetailROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrElectricity Mitigated0.0000 0.0000 0.0000 0.00000.0000 8.8534 8.8534 1.4300e-0031.7000e-0048.9409Electricity Unmitigated0.0000 0.0000 0.0000 0.00000.0000 8.8534 8.8534 1.4300e-0031.7000e-0048.9409NaturalGas Mitigated1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 15.3928 15.3928 3.0000e-0042.8000e-00415.4843NaturalGas Unmitigated1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 15.3928 15.3928 3.0000e-0042.8000e-00415.48435.1 Mitigation Measures EnergyHistorical Energy Use: NCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 20 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 5.2 Energy by Land Use - NaturalGasNaturalGas UseROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eLand UsekBTU/yrtons/yrMT/yrSingle Family Housing288451 1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 15.3928 15.3928 3.0000e-0042.8000e-00415.4843Total 1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 15.3928 15.3928 3.0000e-0042.8000e-00415.4843UnmitigatedNaturalGas UseROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eLand UsekBTU/yrtons/yrMT/yrSingle Family Housing288451 1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 15.3928 15.3928 3.0000e-0042.8000e-00415.4843Total 1.5600e-0030.0133 5.6600e-0038.0000e-0051.0700e-0031.0700e-0031.0700e-0031.0700e-0030.0000 15.3928 15.3928 3.0000e-0042.8000e-00415.4843MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 21 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 6.1 Mitigation Measures Area6.0 Area Detail5.3 Energy by Land Use - ElectricityElectricity UseTotal CO2CH4N2OCO2eLand UsekWh/yrMT/yrSingle Family Housing95687.5 8.8534 1.4300e-0031.7000e-0048.9409Total 8.8534 1.4300e-0031.7000e-0048.9409UnmitigatedElectricity UseTotal CO2CH4N2OCO2eLand UsekWh/yrMT/yrSingle Family Housing95687.5 8.8534 1.4300e-0031.7000e-0048.9409Total 8.8534 1.4300e-0031.7000e-0048.9409MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 22 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eCategorytons/yrMT/yrMitigated 0.1078 5.5100e-0030.0909 3.0000e-0058.6000e-0048.6000e-0048.6000e-0048.6000e-0040.0000 5.3440 5.3440 2.4000e-0041.0000e-0045.3784Unmitigated 0.1078 5.5100e-0030.0909 3.0000e-0058.6000e-0048.6000e-0048.6000e-0048.6000e-0040.0000 5.3440 5.3440 2.4000e-0041.0000e-0045.37846.2 Area by SubCategoryROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eSubCategorytons/yrMT/yrArchitectural Coating0.0203 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Consumer Products0.0844 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hearth 5.3000e-0044.4900e-0031.9100e-0033.0000e-0053.6000e-0043.6000e-0043.6000e-0043.6000e-0040.0000 5.1985 5.1985 1.0000e-0041.0000e-0045.2294Landscaping 2.6700e-0031.0300e-0030.0890 0.0000 4.9000e-0044.9000e-0044.9000e-0044.9000e-0040.0000 0.1456 0.1456 1.4000e-0040.0000 0.1490Total 0.1078 5.5200e-0030.0909 3.0000e-0058.5000e-0048.5000e-0048.5000e-0048.5000e-0040.0000 5.3440 5.3440 2.4000e-0041.0000e-0045.3784UnmitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 23 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 7.1 Mitigation Measures Water7.0 Water Detail6.2 Area by SubCategoryROGNOxCOSO2Fugitive PM10Exhaust PM10PM10 TotalFugitive PM2.5Exhaust PM2.5PM2.5 TotalBio- CO2NBio- CO2Total CO2CH4N2OCO2eSubCategorytons/yrMT/yrArchitectural Coating0.0203 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Consumer Products0.0844 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000Hearth 5.3000e-0044.4900e-0031.9100e-0033.0000e-0053.6000e-0043.6000e-0043.6000e-0043.6000e-0040.0000 5.1985 5.1985 1.0000e-0041.0000e-0045.2294Landscaping 2.6700e-0031.0300e-0030.0890 0.0000 4.9000e-0044.9000e-0044.9000e-0044.9000e-0040.0000 0.1456 0.1456 1.4000e-0040.0000 0.1490Total 0.1078 5.5200e-0030.0909 3.0000e-0058.5000e-0048.5000e-0048.5000e-0048.5000e-0040.0000 5.3440 5.3440 2.4000e-0041.0000e-0045.3784MitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 24 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Total CO2CH4N2OCO2eCategoryMT/yrMitigated 0.7991 0.0256 6.1000e-0041.6207Unmitigated 0.7991 0.0256 6.1000e-0041.62077.2 Water by Land UseIndoor/Outdoor UseTotal CO2CH4N2OCO2eLand UseMgalMT/yrSingle Family Housing0.781848 / 0.4929040.7991 0.0256 6.1000e-0041.6207Total 0.7991 0.0256 6.1000e-0041.6207UnmitigatedCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 25 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 7.2 Water by Land UseIndoor/Outdoor UseTotal CO2CH4N2OCO2eLand UseMgalMT/yrSingle Family Housing0.781848 / 0.4929040.7991 0.0256 6.1000e-0041.6207Total 0.7991 0.0256 6.1000e-0041.6207Mitigated8.1 Mitigation Measures Waste8.0 Waste DetailTotal CO2CH4N2OCO2eMT/yr Mitigated 2.4846 0.1468 0.0000 6.1555 Unmitigated 2.4846 0.1468 0.0000 6.1555Category/YearCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 26 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 8.2 Waste by Land UseWaste DisposedTotal CO2CH4N2OCO2eLand UsetonsMT/yrSingle Family Housing12.24 2.4846 0.1468 0.0000 6.1555Total 2.4846 0.1468 0.0000 6.1555UnmitigatedWaste DisposedTotal CO2CH4N2OCO2eLand UsetonsMT/yrSingle Family Housing12.24 2.4846 0.1468 0.0000 6.1555Total 2.4846 0.1468 0.0000 6.1555Mitigated9.0 Operational OffroadEquipment TypeNumberHours/DayDays/YearHorse PowerLoad FactorFuel TypeCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 27 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 11.0 Vegetation10.0 Stationary EquipmentFire Pumps and Emergency GeneratorsEquipment TypeNumberHours/DayHours/YearHorse PowerLoad FactorFuel TypeBoilersEquipment TypeNumberHeat Input/DayHeat Input/YearBoiler RatingFuel TypeUser Defined EquipmentEquipment TypeNumberCalEEMod Version: CalEEMod.2020.4.0Date: 2/17/2023 1:32 PMPage 28 of 28FNLP - single family analysis GHG - Fresno County, AnnualEMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 1 EXHIBIT B MEIR Mitigation Measure Monitoring Checklist for Environmental Assessment Plan Amendment/Rezone Application No. P22-01086 and Development Permit Application No. P21-06232 April 5, 2023 PURSUANT TO CERTIFIED MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) SCH No. 2012111015 This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). It was certified as part of the Fresno City Council's approval of the MEIR for the Fresno General Plan (Fresno City Council Resolution 2014-225, adopted December 18, 2014). Letter designations to the right of each MEIR mitigation measure listed in this Exhibit note how the mitigation measure relates to the environmental assessment of the above-listed project, according to the key found at right and at the bottoms of the following pages: A - Incorporated into Project B - Mitigated C - Mitigation in Progress D - Responsible Agency Contacted E - Part of City-wide Program F - Not Applicable The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Fresno is responsible for verifying that mitigation is performed/completed. 2 MITIGATION MEASURE - AESTHETICS WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM AES-1. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. Prior to issuance of building permits Public Works Department and Planning and Development Department X MM AES-2: Lighting for Public Facilities. Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Prior to issuance of building permits Public Works Department and Planning and Development Department X MM AES-3: Lighting for Non-Residential Uses. Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Prior to issuance of building permits Public Works Department and Planning and Development Department X MM AES-4: Signage Lighting. Lighting systems for freestanding signs shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets which have an average light intensity of 2.0 horizontal footcandles or greater. Prior to issuance of building permits Public Works Department and Planning and Development Department X MM AES-5: Use of Non-Reflective Materials. Materials used on building facades shall be non-reflective. Prior to issuance of building permits Public Works Department and Planning and Development Department X MITIGATION MEASURE – AGRICULTURAL RESOURCES WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 3 MM AG-1: Consistent with Policy RC-9-c of the approved General Plan, the City, in coordination with regional partners or independently, shall establish a Farmland Preservation Program by 2025. The intent of the Farmland Preservation Program would be that, when Prime Farmland, Unique Farmland, or Farmland of Statewide Importance are proposed for development and converted to urban uses within the Sphere of Influence outside City limits, this program would require that the developer of such a project mitigate the loss of farmland consistent with the requirements of CEQA. The Farmland Preservation Program shall establish thresholds of significance and provide several mitigation options that may include, but are not limited to, the following: • Restrictive Covenants or Deeds • In Lieu Fees • Mitigation Banks • Fee Title Acquisition • Conservation Easements • Land Use Regulations The Farmland Preservation Program may be modeled after some or all of the programs described by the California Council of Land Trusts. Prior to the adoption of the Farmland Preservation Program, projects shall be required to comply with CEQA to address potential environmental impacts on an individual basis. X MITIGATION MEASURE – AIR QUALITY WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM AIR-1: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project construction phase-related air quality impacts. The evaluation shall be prepared in conformance with SJVAPCD methodology for assessing construction impacts. If construction related air Prior to issuance of grading or construction permits Planning and Development Department X 4 pollutants are determined to have the potential to exceed the SJVAPCD adopted threshold of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures into construction plans to reduce air pollutant emissions during construction activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce construction emissions include but are not limited to: • Install temporary construction power supply meters on site and use these to provide power to electric power tools whenever feasible. If temporary electric power is available on site, forbid the use of portable gasoline- or diesel-fueled electric generators. • Use of diesel oxidation catalysts and/or catalyzed diesel particulate traps on diesel equipment, as feasible. • Maintain equipment according to manufacturers’ specifications. • Restrict idling of equipment and trucks to a maximum of 5 minutes (per California Air Resources Board [CARB] regulation). • Phase grading operations to reduce disturbed areas and times of exposure. • Avoid excavation and grading during wet weather. • Limit on-site construction routes and stabilize construction entrance(s). • Remove existing vegetation only when absolutely necessary. • Sweep up spilled dry materials (e.g., cement, mortar, or dirt track-out) immediately. Never attempt to wash them away with water. Use only minimal water for dust control. • Store stockpiled materials and wastes under a temporary roof or secured plastic sheeting or tarp. 5 MM AIR-2: Prior to future discretionary project approval, development project applicants shall prepare and submit to the Director of the City Planning and Development Department, or designee, a technical assessment evaluating potential project operation-related air quality impacts. The evaluation shall be prepared in conformance with SJVAPCD methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the SJVAPCD- adopted thresholds of significance, the Planning and Development Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the Project Conditions of Approval. Possible mitigation measures to reduce long-term emissions include but are not limited to: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plugging in the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage (i.e., battery) and combined heat and power (CHP, also known as cogeneration) in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with CARB Rule 2845 (13 California Code of Regulations [CCR] Chapter 10, Section 2485). • Require that 240-volt electrical outlets or Level 3 chargers be installed in parking lots that would enable charging of Prior to issuance of grading or construction permits Planning and Development Department X 6 neighborhood electric vehicles (NEVs) and/or battery powered vehicles. • Maximize use of solar energy including solar panels; installing the maximum possible number of solar energy arrays on building roofs throughout the city to generate solar energy. • Maximize the planting of trees in landscaping and parking lots. • Use light-colored paving and roofing materials. • Require use of electric or alternatively fueled street- sweepers with HEPA filters. • Require use of electric lawn mowers and leaf blowers. • Utilize only Energy Star heating, cooling, and lighting devices, and appliances. • Use of water-based or low volatile organic compound (VOC) cleaning products. MM AIR-3: Prior to future discretionary approval for projects that require environmental evaluation under CEQA, the City of Fresno shall evaluate new development proposals for new industrial or warehousing land uses that: (1) have the potential to generate 100 or more truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units, and (2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. Such projects shall submit a Health Risk Assessment (HRA) to the City Planning and Development Department. The HRA shall be prepared in accordance with policies and procedures of the most current State Office of Environmental Health Hazard Assessment (OEHHA) and the SJVAPCD. If the HRA shows that the incremental health risks exceed their respective thresholds, as established by the SJVAPCD at the time a project is considered, the Applicant will be required to identify and demonstrate that Prior to issuance of grading or construction permits Planning and Development Department X 7 best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms to reduce risks to an acceptable level. T-BACTs may include, but are not limited to: • Restricting idling on site or electrifying warehousing docks to reduce diesel particulate matter; • Requiring use of newer equipment and/or vehicles; • Provide charging infrastructure for: electric forklifts, electric yard trucks, local drayage trucks, last mile delivery trucks, electric and fuel-cell heavy duty trucks; and/or • Install solar panels, zero-emission backup electricity generators, and energy storage to minimize emissions associated with electricity generation at the project site. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. The City will, in addition to noticing procedures in the Development Code, notice all residents within 1,000 feet of a proposed warehouse project before any discretionary project approval, and consider “Warehouse Projects: Best Practices and Mitigation Measure to comply with the California Environmental Quality Act” published in March 2021 by Xavier Becerra, Attorney General State of California before any discretionary approval of a specific warehouse project where applicable." MM AIR-4: Locate sensitive land uses (e.g., residences, schools, and daycare centers) to avoid incompatibilities with recommended buffer distances identified in the most current version of the CARB Air Quality and Land Use Handbook: A Community Health Perspective (CARB Handbook). Sensitive land uses that are within the recommended buffer distances listed in the CARB Handbook shall provide enhanced filtration units or submit a Health Risk Assessment (HRA) to the City. If the HRA shows that the project would exceed the applicable SJVAPCD Prior to issuance of grading or construction permits Planning and Development Department X 8 thresholds, mitigation measures capable of reducing potential impacts to an acceptable level must be identified and approved by the City. MM AIR-5: Require developers of projects with the potential to generate significant odor impacts as determined through review of SJVAPCD odor complaint history for similar facilities and consultation with the SJVAPCD, to prepare an odor impact assessment and to implement odor control measures recommended by the SJVAPCD or the City as needed to reduce the impact to a level deemed acceptable by the SJVAPCD. The City’s Planning and Development Department shall verify that all odor control measures have been incorporated into the project design specifications prior to issuing a permit to operate. Prior to issuance of occupancy permits or permits to operate Planning and Development Department X MITIGATION MEASURE – BIOLOGICAL RESOURCES WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM BIO-1: Construction of a proposed project shall avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special-status species. If a special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Specific mitigation measures for direct or incidental impacts to special-status species shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. Prior to issuance of grading or construction permits Planning and Development Department X MM BIO-2: Direct or incidental take of any state or federally listed species shall be avoided to the greatest extent feasible. If Prior to issuance Planning and Development X 9 construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes shall take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to special-status species shall be determined on a case- by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. of grading or construction permits Department, California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS) MM BIO-3: Development within the Planning Area shall avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special- status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special- status species, compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation shall consist of preserving on- site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation shall be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio shall be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios shall depend on the quality of the habitat and presence/absence of a special- status species. Specific mitigation measures for direct or incidental impacts to special-status natural communities and vegetation communities shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. Prior to project approval Planning and Development Department, CDFW X 10 MM BIO-4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey shall be conducted by a qualified biologist to determine if any nesting birds or nesting activity is observed on or within 500-feet of a project site. If an active nest is observed during the survey, a biological monitor shall be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer shall be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Prior to commencement of grading activities and issuance of any building permits, the Director of the City of Fresno Planning and Development Department, or designee, shall verify that all proposed project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field. Specific mitigation measures for direct or incidental impacts to avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA) shall be determined on a case-by-case basis through agency consultation during the review process for discretionary projects, and shall be consistent with survey protocols and mitigations measures recommended by the agency at the time of consultation. Prior to project approval Planning and Development Department, CDFW X MM BIO-5: A pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified Prior to project approval Planning and Development X 11 biologist to determine if a proposed project will result in the removal or impact to any riparian habitat and/or a special-status natural community with potential to occur in the Planning Area, compensatory habitat-based mitigation shall be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special- status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat-based mitigation shall be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. The project applicant/developer for a proposed project shall develop and implement appropriate mitigation regarding impacts on their respective jurisdictions. Department, CDFW, USFWS MM BIO-6: A pre-construction clearance survey, following current USACE protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. The project applicant/developer for a proposed project shall consult with partner agencies such as CDFW and/or USACE to develop and implement appropriate mitigation regarding impacts on their respective jurisdictions, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway. The project applicant/developer shall implement mitigation as directed by the agency with jurisdiction over the particular impact identified. Prior to project approval Planning and Development Department, CDFW X MM BIO-7: Prior to project approval, a pre-construction clearance survey, following current CDFW protocols, shall be conducted by a qualified biologist to determine if a proposed project will result in project-related impacts to riparian habitat or a special-status natural community or if it may result in direct or incidental impacts to special-status species associated with Prior to project approval Planning and Development Department, CDFW X 12 riparian or wetland habitats. The project applicant/developer for a proposed project shall be obligated to address project-specific impacts to special-status species associated with riparian habitat through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the CDFW and/or USFWS. MM BIO-8: If a proposed project will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland. Prior to project approval Planning and Development Department, CDFW X MM BIO-9: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. Prior to issuance of grading or construction permits Planning and Development Department, CDFW X MITIGATION MEASURE – CULTURAL RESOURCES WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist Planning and Development Department to review contract specifications to Planning and Development Department X 13 shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. ensure inclusion of provisions included in project-specific mitigation measure. MM CUL-2: Prior to approval of any discretionary project that could result in an adverse change to a potential historic and/or cultural resource, the City shall require a site-specific evaluation of historic and/or cultural resources by a professional who meets the Secretary of Interior’s Qualifications. The evaluation shall provide recommendations to mitigate potential impacts to historic and/or cultural resources and shall be approved by the Director of Planning and Development. Prior to project approval Planning and Development Department X MM CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. Prior to project approval Planning and Development Department X 14 • If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. • If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures 15 shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MM CUL-3: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into Planning and Development Department to review construction specifications to ensure inclusion of provisions included in mitigation measure. Planning and Development Department X 16 account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. MITIGATION MEASURE – GEOLOGY AND SOILS WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM GEO-1: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: • If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any Prior to issuance of grading permits Planning and Development Department X 17 paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study. • If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MM GEO-2: If the total area of ground disturbance from installation of the cultivation operation is one (1) acre or more, the cultivator must enroll for coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009-DWQ). Prior to issuance of grading permits Planning and Development Department X MITIGATION MEASURE – GREENHOUSE GAS EMISSIONS WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM GHG-1: Prior to the City’s approval of subsequent discretionary projects, the Director of the City Planning and Development Department, or designee, shall confirm that development are consistent with the Recirculated GHG Reduction Planning and Development Department shall review Planning and Development Department X 18 Plan Update (2021) and shall implement all measures deemed applicable to the project through the GHG Reduction Plan Update-Project Consistency Checklist (Appendix B to the GHG Reduction Plan Update). project plans during environmental review of proposed project, and shall review construction specifications to ensure inclusion of applicable measures. MITIGATION MEASURE – HAZARDS AND HAZARDOUS MATERIALS WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM HAZ-1: The City shall establish an alternative Emergency Operations Center in the event the current Emergency Operations Center is under redevelopment or inaccessible. Planning and Development Department to establish alternative Emergency Operations Center prior to commencement of redevelopment or inaccessibility of existing Emergency Operations Center. Fresno Fire Department and Mayor/ City Manager’s Office X MITIGATION MEASURE – HYDROLOGY AND WATER QUALITY WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 19 MM HYD-1: The City shall continue to be an active participant in the North Kings Groundwater Sustainability Agency and the implementation of the North Kings Groundwater Sustainability Plan in order to ensure that the Kings Subbasin has balanced levels of pumping and recharge. Ongoing Planning and Development Department X MM HYD-2: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP collection systems: • Coordinate with FMFCD to implement the existing Storm Drainage and Flood Control Master Plan (SDFCMP) for collection systems in drainage areas where the amount of imperviousness is unaffected by the change in land uses. • Coordinate with FMFCD to update the SDFCMP in those drainage areas where the amount of imperviousness increased due to the change in land uses to determine the changes in the collection systems that would need to occur to provide adequate capacity for the stormwater runoff from the increased imperviousness. • As development is proposed, implement current SDFCMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness. • Require developments that increase site imperviousness to install, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems. Ongoing Fresno Metropolitan Flood Control District (FMFCD), Planning and Development Department, and PW X MM HYD-3: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP retention basins: Prior to approval of development projects, coordinate with FMFCD to analyze the impacts to existing and planned retention basins to determine remedial Ongoing FMFCD, Planning and Development Department, and PW X 20 measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include: 1. Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins. 2. Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins. MM HYD-4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP urban detention (stormwater quality) basins: Prior to approval of development projects, coordinate with FMFCD to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include: 1. Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors. 2. Increase the size of the urban detention basin to increase residence time by purchasing more land. The existing detention basins are already at the adopted design depth. 3. Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins. Ongoing FMFCD, Planning and Development Department, and PW X 21 MM HYD-5: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned SDFCMP pump disposal systems: 1. Prior to approval of development projects, coordinate with FMFCD to determine the extent and degree to which the capacity of the existing pump system will be exceeded. 2. Require new developments to install, operate, and maintain on-site detention facilities, consistent with FMFCD design standards, to reduce peak stormwater runoff rates to existing planned peak runoff rates. 3. Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDFCMP. Ongoing FMFCD, Planning and Development Department, and PW MM HYD-6: The City shall coordinate with FMFCD to develop and adopt a storm drainage update to the SDFCMP for the Southeast Development Area that is designed to collect, convey and dispose of runoff rates and volumes based on the planned land uses of the approved General Plan. Ongoing Planning and Development Department X MITIGATION MEASURE – NOISE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM NOI-2: Construction Vibration. The use of heavy construction equipment within 25 feet of existing structures shall be prohibited. Prior to issuance of any grading or construction permits Planning and Development Department X MITIGATION MEASURE – PUBLIC SERVICES WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM PSR-1: As future fire facilities are planned, environmental review of proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from fire facilities include air quality/greenhouse gas emissions, noise, traffic, and lighting. Prior to project approval Planning and Development Department X 22 MM PSR-2: As future police facilities are planned, environmental review of proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from police facilities include air quality/greenhouse gas emissions, noise, traffic, and lighting. Prior to project approval Planning and Development Department X MM PSR-3: As future parks and recreational facilities are planned, environmental review of proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from park facilities include air quality/greenhouse gas emissions, noise, traffic, and lighting. Prior to project approval Planning and Development Department X MM PSR-4: As future public facilities are planned by the City of Fresno (e.g., court, library, and hospital facilities), environmental review of the proposed facilities shall be completed to meet the requirements of CEQA. Typical impacts from public facilities include air quality/greenhouse gas emissions, noise, traffic, and lighting. Prior to project approval Planning and Development Department X MITIGATION MEASURE – UTILITIES WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F MM UTL-1: The City shall evaluate the water conveyance system and, at the time that discretionary projects are submitted for approval by the City, the City shall not approve development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City by approximately 2025. • Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Prior to project approval Planning and Development Department X 23 Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 50.3 miles of regional water transmission mains ranging in size from 24- inch to 48-inch, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct 95.9 miles of 16-inch transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Prior to initiating construction of any of the capacity improvement projects identified above, the City shall conduct appropriate environmental analyses for each project to determine whether environmental impacts would occur. MM UTL-2: The City shall evaluate the water conveyance system at the time discretionary projects are submitted and shall not approve development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City after approximately the year 2035 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the approved General Plan. • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Prior to project approval Planning and Development Department X 24 MM UTL-3: The City shall evaluate the water supply system at the time discretionary projects are submitted and shall not approve development that would demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be evaluated for potential environmental impacts and constructed by the City. • Construct an approximately 30 mgd expansion of the existing northeast surface water treatment facility for a total capacity of 60 mgd, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct an approximately 20 mgd surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 25,000 AF/year recycled water facility as an expansion to the RWRF in accordance with the January 2014 City of Fresno Metropolitan Water Resources Management Plan. This improvement is required after the year 2025. Prior to project approval Planning and Development Department X MM UTL-4: The City shall evaluate the wastewater system at the time discretionary projects are submitted and shall not approve development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall evaluate the potential environmental impacts and construct the following improvements. • Construct an approximately 70 mgd expansion of the Regional Wastewater Treatment Facility prior to flows reaching 80 percent of rated capacity, and obtain revised waste discharge permits as the generation of wastewater is increased. Prior to project approval Planning and Development Department X 25 • Construct an approximately 0.49 mgd expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. MM UTL-5: The City shall evaluate the wastewater system at the time discretionary projects are submitted and shall not approve development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall evaluate the potential environmental impacts of, and construct the following improvements. • Construct an approximately 24 mgd Wastewater Treatment Facility within the Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased. Construct an approximately 9.6 mgd expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Prior to project approval Planning and Development Department X MM UTL-6: Consistent with the Sewer System Management Plan, the City shall evaluate the wastewater collection system at the time discretionary projects are submitted, and shall not approve development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. Prior to project approval Planning and Development Department X MM UTL-7: At the time discretionary projects are submitted, the City shall require project-specific environmental evaluations for the expansion or relocation of electric, natural gas, or telecommunication facilities be completed prior to project approval. Prior to project approval DPU and Planning and Development Department X MM UTL-8: The City shall evaluate additional landfill locations at the time discretionary projects are submitted, and shall not approve development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Prior to project approval DPU and Planning and Development Department X 26 Exhibit K – Fresno Municipal Code Findings FRESNO MUNICIPAL CODE FINDINGS FOR PLAN AMENDMENT/REZONE APPLICATION NO. P22-01086 AND DEVELOPMENT PERMIT APPLICATION NO. P21-06232 PLAN AMENDMENT/REZONE FINDINGS Findings per Fresno Municipal Code Section 15-5812 The Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed Rezone or Plan Amendment meets the following criteria: Finding a: The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding (a) can be made for the following reason. The change in the planned land use for the subject property from Medium Density Low Residential to Medium High Density Residential through a General Plan amendment and Rezone provides consistency with many goals, policies, and objectives of the General Plan. Increasing density and promoting a diverse mix of housing types is emphasized in several GP goals. Such examples are Goal 1: to increase opportunity, economic development, business, and job creation; Goal 7: Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city; Goal 8: Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance; Goal 9: Promote a city of healthy communities and improve quality of life in established neighborhoods; Goal 10: Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno. Goal 11: Emphasize and plan for all modes of travel on local and Major Streets in Fresno. As identified in detail in the Land Use Plans and Policies section of the attached Planning Commission Report, many objectives and policies of the GP emphasize the infill of vacant lots within city limits, increased density, promoting a mix of housing types, and the creation of complete neighborhoods. The project will implement these policies by developing a multi-family housing development on a vacant lot in an existing neighborhood. Construction of the off-site improvements adjacent to the property will provide curb, gutter, and sidewalks, which will provide a pedestrian connection from the site to an existing neighborhood commercial/retail center located north of the subject property at the intersection of East Shepherd and North Chestnut Avenues. From that intersection, further connectivity is provided to a prominent Class I bicycle trail (Fresno Clovis Rail Trail) which leads to Woodward Park to the the west and Old Town Clovis to the southeast. A neighborhood park is located to the northeast. Many schools are also located within the vicinity of the project. Besides the nearby shopping center, North Willow Avenue is located east of the subject property and provides access to the Clovis Community College to the north, and commercial/retail, and employment opportunities to the south. While the overall area is predominantly single family homes, increased density through multi-family housing development will strengthen the neighborhood by promoting qualities of a more complete neighborhood by increasing the diversity in available housing types. Finding b: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and Finding (b) can be made for the following reason. The subject property is a vacant infill site located within the incorporated area of the County of Fresno which lies within the City of Fresno’s General Plan Boundary and Sphere of Influence. Furthermore, the project site meets the General Plan goals and strategies for sequencing of development and growth. Therefore, for the reasons contained within the attached initial study for the associated environmental assessment as well as within the Background/Project Analysis section contained within the Staff Report to the Planning Commission dated April 5, 2022, the project site is a logical infill development for purposes of orderly development within the General Plan boundary; and, will promote orderly land use development in pace with public facilities and services needed to serve development. Finding c: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand. Finding (c) can be made for the following reason. The proposed change in land use is necessary to comply with goals and policies of the General Plan, including Policy LU-1- a, which promotes infill development within vacant sites in city limits. The project proposes to amend the Fresno General Plan and Woodward Park Community Plan to achieve a land uses desired by the City of Fresno. This includes but is not limited to emphasizing land conservation and maximizing the efficient use of available underutilized property within a planned residential growth area which will increase the inventory of land available for development of multi-family residential houses while providing for a variety of market- based on land situated within proximity to public facilities, schools and employment opportunities. DEVELOPMENT PERMIT FINDINGS Findings per Fresno Municipal Code Section 15-5206 The Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following: Finding a: The applicable standards and requirements of this Code. Finding (a) can be made for the following reason: Pursuant to Table 15-1002 of the Fresno Municipal Code (FMC), Multi-Unit Residential uses are permitted in the Residential multi- family (RM) zone districts “by right”, with an approved Development Permit. The project is conditioned to comply with the requirements for intensity and massing development standards in regard to minimum lot size, width, and depth; maximum floor area ratio; maximum height; residential transition standards, and minimum setbacks from major streets as identified in FMC Article 9. The project has been reviewed and through the Conditions of Approval dated April 5, 2023, conditioned to comply will all applicable provisions of the site design development standards or façade design development standards of the development code that apply to the project. The project is subject to the landscape requirements of FMC Article 23. Property borders are required to provide a 10 foot Type 1 landscape buffer between the subject property and adjacent single-family homes. The project is required to comply with the parking standards of FMC Article 24. The project is required to meet the required location, development standards, access, surface standards, lighting, landscaping and shading, and circulation requirements of Article 24. The project is required to meet any relevant Performance standards of FMC Article 25. The project will be required to meet the sign code requirements of FMC Article 26. Finding b: The General Plan and any operative plan or policies the City has adopted. Finding (b) can be made for the reasons identified in finding (a) for Plan Amendment/Rezones provided in the section above. Finding c: Any applicable design guidelines adopted by the City Council. Finding (c) can be made for the following reason: The proposed project complies with all applicable objectives and policies for buildings and design contained in the Development Code and the Fresno General Plan. Given the conditions of approval, the project will meet all applicable standards and requirements of the development code, including FMC Articles 23, 24, 25, and 27. Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required. Finding (d) can be made for the following reason: The proposal does not require approval of a tentative map, conditional use permit, or variance for approval. All special conditions required for the proposed project have been incorporated into the Conditions of Approval which shall be met prior to issuance of building permits/occupancy. Furthermore, the applicant is required to submit corrected exhibits, inclusive of all conditions of approval which will ensure that all requirements are met. Development Permit Application No. P21-06232 is consistent with the approval of Plan Amendment Application P22-01086 in that the proposed density is consistent with the change in zoning and land use designations and standards as required within the conditions of approval dated April 5, 2022. Finding e: Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670—21679.5. Finding (e) can be made for the following reason: The project is not located within an airport influence area identified in the Fresno County Airport Land Use Compatibility Plan. Therefore, the project is consistent with the Fresno County Airport Land Use Compatibility Plan. Exhibit L – Proposed Land Use Exhibit E Shepherd Ave E Marquise Ct E Caraway Ct E Everglade Ave E Trenton Ave NWineryAveE Altamont Ct E Teague Ave N Siega AveE Vermont Ave E Kelso Ave E Cole Ave N Heartland WayN Talladega WayN Woodrow AveN Sierra Vista AveN Whitney AveN MatusAveN Recreation AveN Chestnut AveN Garden AveN Laureen AveE O'Keefe Dr E Rockwell Dr E Rockingham Ct E Bristol Ct E Fontana Ct E Darlington Ct E Utah Ave E Serena Ave E Po w e r s A ve E Warwick Ave E Lester Ave P21-06232APN: 40353228Bounded by N Chestnut (East), between E Shepherd (North) & E Teague (South). 0 420 840210Feet´ Proposed Planned Land Use Map Proposes to rezone approximately 2.20 acres from rml (Residential - Medium Low Density) land use designation to rmh (Residential - Medium High Density) land use designation. rm 2.14 acres rml to rmh Exhibit M – Proposed Rezone Exhibit E Shepherd Ave E Marquise Ct E Caraway Ct E Everglade Ave E Trenton Ave NWineryAveE Altamont Ct E Teague Ave N Siega AveE Vermont Ave E Kelso Ave E Cole Ave N Heartland WayN Talladega WayN Woodrow AveN Sierra Vista AveN Whitney AveNMatusAveN Recreation AveN Chestnut AveN Garden AveN Laureen AveE O'Keefe Dr E Rockwell Dr E Rockingham Ct E Bristol Ct E Fontana Ct E Darlington Ct E Utah Ave E Serena Ave E Po w e r s A ve E Warwick Ave E Lester Ave P22-01086APN:40353228Bounded by N Chestnut (East), between E Shepherd (North) & E Teague (South). 0 410 820205Feet´ Rezone Map Proposes to rezone approximately 2.20 acres from RS-4/UGM (Residential Single-Family, Medium Low Density) zoning designation to RM-1/UGM (Residential Multi-Family, Medium High Density) zoning designation. 2.14 acres RS-4 to RM-1 Exhibit N – Letter Received dated April 3, 2023 From:Carol Spillane To:PublicCommentsPlanning; Thomas Veatch Subject:Plan Amendment Application No. P22-01086, Rezone application P22-01086,Developement Permit P21-06232 Date:Monday, April 03, 2023 11:01:55 AM External Email: Use caution with links and attachments To whom it may concern, The above named applications are apparently on the agenda for April 5. I have plans to watch the meeting on zoom but am unable to speak due to a vocal chord issue. There are multiple large high housing developments within a very easy walking distance from my home. I moved into northeast Fresno 23 years ago as it was a nice area and close to my then workplace. Now, with all these apartments there are traffic issues night and day.The nearest schools are maxed out and some children are being bused to other areas. We now have all the problems associated with too many people living on top of each other. I would ask you to consider Not changing the subject properly from RS-4 to RM-1. There is already a quite nice and well managed multi unit property next to it. We don’t need another multi unit property right next to it, and it’s not nearly as nice. Our property values will certainly decrease. I think dotting north east Fresno with apartments will not solve Fresno's housing issues. It’s time to put some of these in the larger open areas of Southeast Fresno, and perhaps North west Fresno. Thankyou for your time and consideration, Carol Spillane 2435 E.Marquise Ct. Sent from AT&T Yahoo Mail for iPad Exhibit O – Planning Commission Resolutions No. 13796, 13797, and 13798 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13796 The Fresno City Planning Commission, at its regular meeting on April 5, 2023, adopted the following resolution relating to Plan Amendment Application No. P22-01086. WHEREAS, Plan Amendment Application No. P22-01086 was filed with the City of Fresno by Ubaldo Garcia of Villa Di Ubaldo of Fresno Newbury LP, on behalf of John Ashley, for ±2.20 acres of property located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues; and, WHEREAS, Plan Amendment Application No. P22-01086 proposes to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from Residential – Medium Low Density to Residential – Medium High Density; and, WHEREAS, on April 5, 2023, the Fresno City Planning Commission (Commission) reviewed the subject plan amendment application in accordance with the policies of the Fresno General Plan and Woodward Park Community Plan; and, WHEREAS, during the April 5, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Commission conducted a public hearing to review the proposed plan amendment and considered the Planning and Development Department’s report recommending approval of the proposed plan amendment application; and, WHEREAS, the Commission considered the proposed plan amendment relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Council District 6 Project Review Committee on February 6, 2023, failed to make a recommendation on the project; and, WHEREAS, the Commission invited testimony with respect to the proposed plan amendment; and, WHEREAS, no member of the public spoke in support or opposition of the proposed plan amendment; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Plan Amendment Application No. P22-01086 will have a significant effect on the environment. It has been further determined that all applicable mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has Planning Commission Resolution No. 13796 Plan Amendment Application No. P22-01086 April 5, 2023 Page 2 been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P22-01086/P21-06232 dated March 28, 2023, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Plan Amendment Application No. P22-01086 to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential – Medium Low Density to Residential – Medium High Density as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Hardie (Vice Chair), seconded by Commissioner Diaz. VOTING: Ayes - Hardie (Vice Chair), Diaz, Bray, Lyday, Wagner, Vang (Chair) Noes - None Not Voting - None Absent - Criner DATED: April 5, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13796 Plan Amendment Application No. P22- 01086 Filed by Ubaldo Garcia of Villa Di Ubaldo, on behalf of John Ashley of Fresno Newbury LP. Action: Recommend Approval to the City Council Attachment: Exhibit A E Shepherd Ave E Marquise Ct E Caraway Ct E Everglade Ave E Trenton Ave NWineryAveE Altamont Ct E Teague Ave N Siega AveE Vermont Ave E Kelso Ave E Cole Ave N Heartland WayN Talladega WayN Woodrow AveN Sierra Vista AveN Whitney AveN MatusAveN Recreation AveN Chestnut AveN Garden AveN Laureen AveE O'Keefe Dr E Rockwell Dr E Rockingham Ct E Bristol Ct E Fontana Ct E Darlington Ct E Utah Ave E Serena Ave E Po w e r s A ve E Warwick Ave E Lester Ave P22-01086APN: 40353228Bounded by N Chestnut (East), between E Shepherd (North) & E Teague (South). 0 420 840210Feet´ Exhibit A - Proposed Planned Land Use Map Proposes to rezone approximately 2.20 acres from rml (Residential - Medium Low Density) land use designation to rmh (Residential - Medium High Density) land use designation. rm 2.14 acres rml to rmh2.20 acres rml to rmh FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13797 The Fresno City Planning Commission, at its regular meeting on April 5, 2023, adopted the following resolution relating to Rezone Application No. P22-01086. WHEREAS, Rezone Application No. P22-01086 was filed with the City of Fresno by Ubaldo Garcia of Villa Di Ubaldo, on behalf of John Ashley of Fresno Newbury LP, for ±2.20 acres of property located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues; and, WHEREAS, Rezone Application No. P22-01086 proposes to rezone the subject property from the RS-4/UGM (Residential Single Family, Medium Low Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi-Family, Medium High Density/Urban Growth Management) zone district; and, WHEREAS, on April 5, 2023, the Fresno City Planning Commission (Commission) reviewed the subject rezone application in accordance with the policies of the Fresno General Plan and Woodward Park Community Plan and, WHEREAS, during the April 5, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested rezoning change; and, WHEREAS, the Commission conducted a public hearing to review the proposed rezone and considered the Planning and Development Department’s report recommending approval of the proposed rezone application; and, WHEREAS, the Commission considered the proposed rezone relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Council District 6 Project Review Committee on February 6, 2023, failed to make a recommendation on the project; and, WHEREAS, the Commission invited testimony with respect to the proposed rezone; and, WHEREAS, no members of the public spoke in support or opposition of the proposed rezone; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. P22-01086 will have a significant effect on the environment. It has been further determined that all applicable mitigation measures have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined Planning Commission Resolution No. 13797 Rezone Application No. P22-01086 April 5, 2023 Page 2 based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P22- 01086/P21-06232 dated March 28, 2023, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Rezone Application No. P22-01086 to rezone the subject property from the RS-4/UGM (Residential Single Family, Medium Low Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi-Family, Medium High Density/Urban Growth Management) zone district as described and depicted on the attached Exhibit “A.” The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Hardie (Vice Chair), seconded by Commissioner Diaz. VOTING: Ayes - Hardie (Vice Chair), Diaz, Bray, Lyday, Wagner, Vang (Chair) Noes - None Not Voting - None Absent - Criner DATED: April 5, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13797 Rezone Application No. P22-01086 Filed by Ubaldo Garcia of Villa Di Ubaldo, on behalf of John Ashley of Fresno Newbury LP. Action: Recommend Approval to the City Council Attachment: Exhibit A E Shepherd Ave E Marquise Ct E Caraway Ct E Everglade Ave E Trenton Ave NWineryAveE Altamont Ct E Teague Ave N Siega AveE Vermont Ave E Kelso Ave E Cole Ave N Heartland WayN Talladega WayN Woodrow AveN Sierra Vista AveN Whitney AveN MatusAveN Recreation AveN Chestnut AveN Garden AveN Laureen AveE O'Keefe Dr E Rockwell Dr E Rockingham Ct E Bristol Ct E Fontana Ct E Darlington Ct E Utah Ave E Serena Ave E Po w e r s A ve E Warwick Ave E Lester Ave P22-01086APN:40353228Bounded by N Chestnut (East), between E Shepherd (North) & E Teague (South). 0 410 820205Feet´ Exhibit A - Rezone Map Proposes to rezone approximately 2.20 acres from RS-4/UGM (Residential Single-Family, Medium Low Density) zoning designation to RM-1/UGM (Residential Multi-Family, Medium High Density) zoning designation. 2.14 acres RS-4 to RM-1 2.20 acres RS-4 to RM-1 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13798 The Fresno City Planning Commission, at its regular meeting on April 5, 2023, adopted the following resolution relating to Development Permit Application No. P21-06232. WHEREAS, Development Permit Application No. P21-06232 was filed with the City of Fresno by Ubaldo Garcia of Villa Di Ubaldo, on behalf of John Ashley of Fresno Newbury LP, for ±2.20 acres of property located on the west side of North Chestnut Avenue, between East Shepherd and East Teague Avenues; and, WHEREAS, Development Permit Application No. P21-06232 proposes to construct a 32-unit residential multi-family housing development on the ±2.20 acre property; and, WHEREAS, on April 5, 2023, the Fresno City Planning Commission (Commission) reviewed the subject development permit application in accordance with the policies of the Fresno General Plan and Woodward Park Community Plan, and, WHEREAS, during the April 5, 2023 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested planned land use change; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project, subject to the conditions of approval contained in the staff report dated April 5, 2023. WHEREAS, the Commission conducted a public hearing to review the proposed development permit and considered the Planning and Development Department’s report recommending approval of the proposed Development Permit application; and, WHEREAS, the Commission considered the proposed Development Permit relative to the staff report and environmental assessment prepared for the project; and, WHEREAS, the Council District 6 Project Review Committee on February 6, 2023, failed to make a recommendation on the project; and, WHEREAS, the Commission invited testimony with respect to the proposed development permit; and, WHEREAS, no members of the public spoke in support or opposition of the proposed development permit; and, NOW, THEREFORE, BE IT RESOLVED that the Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Development Permit Application No. P21-06232 will have a significant effect on the environment. It has been further determined that all applicable mitigation measures Planning Commission Resolution No. 13798 Development Permit Application No. P21-06232 April 5, 2023 Page 2 have been incorporated to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Accordingly, the Commission recommends the Council adopt the Mitigated Negative Declaration for Environmental Assessment No. P22-01086/P21-06232 dated March 28, 2023, and, BE IT FURTHER RESOLVED that the Commission hereby recommends approval to the City Council of Development Permit Application No. P21-06232, subject to the Planning and Development Department Conditions of Approval dated April 5, 2023. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Hardie (Vice Chair), seconded by Commissioner Diaz. VOTING: Ayes - Hardie (Vice Chair), Diaz, Bray, Lyday, Wagner, Vang (Chair) Noes - None Not Voting - None Absent - Criner DATED: April 5, 2023 _______________________________ JENNIFER K. CLARK, Secretary Fresno City Planning Commission Resolution No. 13798 Development Permit Application No. P21-06232 Filed by Ubaldo Garcia of Villa Di Ubaldo, on behalf of John Ashley of Fresno Newbury LP. Action: Recommend Approval to the City Council Exhibit P – City Council Resolution for Plan Amendment No. P22- 01086 E Shepherd Ave E Marquise Ct E Caraway Ct E Everglade Ave E Trenton Ave NWineryAveE Altamont Ct E Teague Ave N Siega AveE Vermont Ave E Kelso Ave E Cole Ave N Heartland WayN Talladega WayN Woodrow AveN Sierra Vista AveN Whitney AveN MatusAveN Recreation AveN Chestnut AveN Garden AveN Laureen AveE O'Keefe Dr E Rockwell Dr E Rockingham Ct E Bristol Ct E Fontana Ct E Darlington Ct E Utah Ave E Serena Ave E Po w e r s A ve E Warwick Ave E Lester Ave P22-01086APN: 40353228Bounded by N Chestnut (East), between E Shepherd (North) & E Teague (South). 0 420 840210Feet´ Exhibit A - Proposed Planned Land Use Map Proposes to rezone approximately 2.20 acres from rml (Residential - Medium Low Density) land use designation to rmh (Residential - Medium High Density) land use designation. rm 2.14 acres rml to rmh2.20 acres rml to rmh Exhibit Q – City Council Ordinance Bill for Rezone No. P22-01086 E Shepherd Ave E Marquise Ct E Caraway Ct E Everglade Ave E Trenton Ave NWineryAveE Altamont Ct E Teague Ave N Siega AveE Vermont Ave E Kelso Ave E Cole Ave N Heartland WayN Talladega WayN Woodrow AveN Sierra Vista AveN Whitney AveN MatusAveN Recreation AveN Chestnut AveN Garden AveN Laureen AveE O'Keefe Dr E Rockwell Dr E Rockingham Ct E Bristol Ct E Fontana Ct E Darlington Ct E Utah Ave E Serena Ave E Po w e r s A ve E Warwick Ave E Lester Ave P22-01086APN:40353228Bounded by N Chestnut (East), between E Shepherd (North) & E Teague (South). 0 410 820205Feet´ Exhibit A - Rezone Map Proposes to rezone approximately 2.20 acres from RS-4/UGM (Residential Single-Family, Medium Low Density) zoning designation to RM-1/UGM (Residential Multi-Family, Medium High Density) zoning designation. 2.14 acres RS-4 to RM-1 2.20 acres RS-4 to RM-1 Exhibit R – PowerPoint Presentation City Council Hearing May 11, 2023CONSIDERATION OF Plan Amendment and Rezone Application No. P22-01086, Development Permit Application No. P21-06232, and related Environmental Assessment No. P22-01086/P21-06232 City Council Hearing May 11, 2023VICINITY MAP City Council Hearing May 11, 2023Site PlanProject Design and Details• Four (4) ±5,750 square-foot two-story buildings • A ±1,069 square-foot leasing and managers office • New drive approach• Second southbound lane adjacent to property• 79 parking stalls• Pool• Trash enclosures• ±19,165 square feet of private and common open space• Landscaping, • Curb, gutter, and sidewalks City Council Hearing May 11, 2023PUBLIC NOTICE AND INPUT•On November 14, 2022, the applicant conducted a neighborhood meeting, with±30neighborhood property owners in attendance.•On November 14, 2022, a letter was received in opposition to the proposed project(Exhibit G in staff report).The letter requested clarification on what environmental review occurred and if aTIS had been prepared for the project.The letter expressed concern that the proposed rezoning and project could havea negative impact on traffic to the surrounding neighborhood.The letter stated that local schools already divert neighborhood children to otherschools.The letter stated that the proposed change is incongruent with the General Planand could be considered spot zoning.. City Council Hearing May 11, 2023PUBLIC NOTICE AND INPUT•On February 6, 2023, the District 6 Project Review Committee reviewed the projectbut did not make a recommendation to approve.– Committee voted (2-5-2) to recommend approvalof the project with the condition that the Cityrequires the adjacent property to the south construct off-site improvements consistent with therequirements required of the subject property. The motion did not pass, and no furthermotions were made. As such, no recommendation was provided by the District 6 projectreview committee.•On March 24, 2023, a notice for a Planning Commission Public Hearing was mailed toproperty owners within 1,000 feet of the subject property and posted online.•On April 3, 2023,an additional letter was received in opposition to the proposedproject. The letter cited concerns with traffic, schools, and locating additional multi-family residential housing in the area.•On April 28, 2023, a notice for a City Council Public Hearing was mailed to propertyowners within 1,000 feet of the subject property and posted online. City Council Hearing May 11, 2023STAFF RECOMMENDATIONBased upon the evaluation contained in this report, staff recommends that the City Council take thefollowing actions:1. ADOPT- Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-01086/P21-06232, dated March 28, 2023, for the proposed project pursuant to the State ofCalifornia Environmental Quality Act (CEQA); and,2. ADOPT RESOLUTION- approving Plan Amendment Application No. P22-01086, requestingauthorization to amend the Fresno General Plan and Woodward Park Community Plan to changethe planned land use designation for the subject±2.20 acre property from Residential – MediumLow Density to Residential - Medium High Density; and3. INTRODUCE AND ADOPT BILL- approving Rezone Application No. P22-01086, requestingauthorization to amend the Official Zoning Map of the City of Fresno to rezone the ±2.20 acresubject property from the from RS-4/UGM (Residential Single Family, Medium Low Density/UrbanGrowth Management Area)toRM-1/UGM(Residential Multi-family - Medium High Density/UrbanGrowth Management Area) zone district in accordance with the Plan Amendment Application; and4. APPROVE- Development Permit Application No. P21-06232, requesting authorization to constructa 32 unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069square-foot leasing and managers office on a vacant parcel, subject to compliance with theConditions of Approval dated April 5, 2023. City Council Hearing May 11, 2023 CONSIDERATION OF Plan Amendment and Rezone Application No. P22-01086, Development Permit Application No. P21-06232, and related Environmental Assessment No. P22-01086/P21-06232 City Council Hearing May 11, 2023VICINITY MAP City Council Hearing May 11, 2023Site Plan Project Design and Details • Four (4) ±5,750 square-foot two-story buildings • A ±1,069 square-foot leasing and managers office • New drive approach • Second southbound lane adjacent to property • 79 parking stalls • Pool • Trash enclosures • ±19,165 square feet of private and common open space • Landscaping, • Curb, gutter, and sidewalks City Council Hearing May 11, 2023 STAFF RECOMMENDATION Based upon the evaluation contained in this report, staff recommends that the City Council take the following actions: 1.ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22- 01086/P21-06232, dated March 28, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2.ADOPT RESOLUTION - approving Plan Amendment Application No. P22-01086, requesting authorization to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject ±2.20 acre property from Residential – Medium Low Density to Residential - Medium High Density; and 3.INTRODUCE AND ADOPT BILL - approving Rezone Application No. P22-01086, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the ±2.20 acre subject property from the from RS-4/UGM (Residential Single Family, Medium Low Density/Urban Growth Management Area) to RM-1/UGM (Residential Multi-family - Medium High Density/Urban Growth Management Area) zone district in accordance with the Plan Amendment Application; and 4.APPROVE - Development Permit Application No. P21-06232, requesting authorization to construct a 32 unit apartment complex consisting of four (4) 5,750 square-foot two-story buildings and a 1,069 square-foot leasing and managers office on a vacant parcel, subject to compliance with the Conditions of Approval dated April 5, 2023. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-717 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Derek Cahill to discuss potholes and the surrounding streets negatively affecting business and local communities at large. (District 1 Resident) City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 APPEARED From:Derek Cahill To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Date:Thursday, April 27, 2023 1:30:53 PM External Email: Use caution with links and attachments Name:Derek Cahill Address District District 1 Phone Email Date You Wish to Speak Before the City Council May 11, 2023 Topic/Subject Would like to discuss how potholes are being addressed on E Malaga, S Maple and the surrounding streets. I will present the way potholes are negatively effecting my business and the local community at large. IP Address 45.17.64.245 User-Agent (Browser/OS) Google Chrome 109.0.0.0 / OS X Referrer https://www.fresno.gov/cityclerk/boards-commissions/request-to-speak-council/ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-718 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Mary Padilla to discuss who are we representing. (District 2 Resident) City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 DID NOT APPEAR From:Mary Padilla To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Date:Wednesday, April 26, 2023 10:12:26 AM External Email: Use caution with links and attachments Name:Mary Padilla Address District District 2 Phone Email Date You Wish to Speak Before the City Council May 11, 2023 Topic/Subject Who are we representing. IP Address 198.200.238.254 User-Agent (Browser/OS)Google Chrome 111.0.0.0 / Windows Referrer https://www.fresno.gov/cityclerk/boards- commissions/request-to-speak-council/ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-719 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Shirley Jackson to discuss homelessness. (District 2 Resident) City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 DID NOT APPEAR From:Shirley Jackson To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Date:Friday, April 21, 2023 3:06:26 PM External Email: Use caution with links and attachments Name:Shirley Jackson Address District District 2 Phone Email Date You Wish to Speak Before the City Council May 11, 2023 Topic/Subject Homelessness IP Address 198.200.238.254 User-Agent (Browser/OS)Google Chrome 111.0.0.0 / Windows Referrer https://www.fresno.gov/cityclerk/boards- commissions/request-to-speak-council/ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-720 Agenda Date:5/11/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Appearance by Jorge Zavala to discuss interference and damages with DBE Contract. (District 4 Resident) City of Fresno Printed on 5/5/2023Page 1 of 1 powered by Legistar™ 5/11/2023 APPEARED From:Jorge Zavala To:Clerk Agendas Subject:Request to Speak Before the Fresno City Council Date:Thursday, April 27, 2023 11:10:24 AM External Email: Use caution with links and attachments Name:Jorge Zavala Address District District 4 Phone Email Date You Wish to Speak Before the City Council May 11, 2023 Topic/Subject Interference & Damages with DBE Contract IP Address 198.200.238.254 User-Agent (Browser/OS)Google Chrome 112.0.0.0 / Windows Referrer https://www.fresno.gov/cityclerk/boards- commissions/request-to-speak-council/ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-726 Agenda Date:5/11/2023 Agenda #: 3.-A. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:WILLIAM C. HERR, Assistant Director Public Works Department, Construction Management Division SUBJECT WORKSHOP - Annual Review of the Community Workforce Agreement (Project Labor Agreement) Attachments: Presentation Community Workforce Agreement City of Fresno Printed on 5/12/2023Page 1 of 1 powered by Legistar™ 5/11/2023 HELD Public Works Department BUILDING A BETTER FRESNO Community Workforce Agreement Annual Review Public Works Department Annual Workshop –Community Workforce Agreement Term of Agreement •Fully executed on September 29, 2021 •Became effective 120 days later (January 27, 2022) •Initial 5-year term •Review of Local Hiring Program effectiveness at 2-year mark •Requires annual reports to the Council Public Works Department Annual Workshop –Community Workforce Agreement Goals of Agreement •Employment and training opportunities •Pathways into high-quality, sustainable construction careers •Create a pool of skilled construction labor •Combat unemployment and underemployment •Promote efficiency through skilled labor •Diversity, workforce equity, open opportunity •Recruitment, training and employment of local area residents •Local pre-apprenticeship and apprenticeship programs •Timely and successful completion of City projects Public Works Department Annual Workshop –Community Workforce Agreement Key Provisions •Applies to awarded construction contracts with Engineer’s Estimates of $1,000,000 and greater (with some exclusions) •Applies to work performed by craft workers, not products •Requires approval by the funding agency •Pre-job conferences and Joint Administrative Committee •Recognizes the Unions as sole bargaining representative •Union referrals of employees to Contractors, with some ability for non-signatory Contractors to utilize Core Workers •Payments by employers to Union vacation, pension, health benefit funds •Apprentices •Local Hiring Program Public Works Department Annual Workshop –Community Workforce Agreement Local Hiring Program •Unions agreed to exert their utmost efforts to achieve the goals •Contractors to demonstrate satisfaction of percentage goals, or demonstrate a good faith effort •Minimum 50% of journey-level project work hours by City of Fresno residents •Minimum 55% of apprentice-level project work hours by City of Fresno residents •Minimum 30% of apprentice-level project work hours performed by New Local Apprentices Public Works Department Annual Workshop –Community Workforce Agreement Active PLA Construction Contracts •FAX Facility Improvement Project (AMG) •Water Main Replacements in Calwa Townsite, Phase 1 (West Valley Construction) •Sewer Rehabilitation (Blackstone, Maroa, McKinley, Clinton) (Emmett’s Excavation) •Regional Wastwater Reclamation Facility Substation Expansion (A-C Electric) Public Works Department Annual Workshop –Community Workforce Agreement Upcoming PLA Construction Contracts •Van Ness & Weldon Park (Bush Construction) •Jensen Ave Water Main Replacement (Emmett’s Excavation) •Barstow Ave Class IV Bike Lanes (American Paving) •Midtown Trail Segments 3 and 4 •Jensen Ave Repaving, SR-41 to MLK •Tulare Complete Streets, 6th to Cedar •Winchell Neighborhood Traffic Signals at Butler/8th, Orange & Lowe Public Works Department Annual Workshop –Community Workforce Agreement Local Hire Program Statistics (as of February 28, 2023) FAX Facility Improvement Project PLA Contractor AMG & Associates Award Amount $11,631,119 Notice to Proceed Issued March 31, 2022 Current Contract Completion Date October 18, 2023 Total Project Hours 2,314.71 Total Journey-Level Hours 2,189.96 City of Fresno Journey-Level Hours 317.47 Percentage City of Fresno Journey-Level Hours 14.5% Total Apprentice Hours 124.75 City of Fresno Apprentice Hours 65.50 Percentage City of Fresno Apprentice Hours 52.5% City of Fresno New Apprentice Hours 65.50 Percentage City of Fresno New Apprentice Hours 52.5% Public Works Department Annual Workshop –Community Workforce Agreement Sewer Rehab –Blackstone/Maroa/McKinley/Clinton Area PLA Contractor Emmett’s Excavation Award Amount $1,578,078 Notice to Proceed Issued August 4, 2022 Current Contract Completion Date June 14, 2023 Total Project Hours 2,839.00 Total Journey-Level Hours 2,681.50 City of Fresno Journey-Level Hours 668.50 Percentage City of Fresno Journey-Level Hours 24% Total Apprentice Hours 157.50 City of Fresno Apprentice Hours 0 Percentage City of Fresno Apprentice Hours 0% City of Fresno New Apprentice Hours 0 Percentage City of Fresno New Apprentice Hours 0% Public Works Department Annual Workshop –Community Workforce Agreement WC00005 Water Main Replacement: Calwa Townsite, Phase 1 PLA Contractor West Valley Construction Award Amount $6,231,747 Notice to Proceed Issued September 21, 2022 Current Contract Completion Date July 28, 2023 Total Project Hours 6,812.75 Total Journey-Level Hours 5,671.25 City of Fresno Journey-Level Hours 920.00 Percentage City of Fresno Journey-Level Hours 14% Total Apprentice Hours 1,141.50 City of Fresno Apprentice Hours 841.00 Percentage City of Fresno Apprentice Hours 74% City of Fresno New Apprentice Hours 825.00 Percentage City of Fresno New Apprentice Hours 72% Public Works Department Annual Workshop –Community Workforce Agreement TC00169 Substation Expansion at RWRF PLA Contractor A-C Electric Company Award Amount $2,179,000 Notice to Proceed Issued November 28, 2022 Current Contract Completion Date November 27, 2023 Total Project Hours 97.50 Total Journey-Level Hours 76.50 City of Fresno Journey-Level Hours 58.50 Percentage City of Fresno Journey-Level Hours 76% Total Apprentice Hours 21.00 City of Fresno Apprentice Hours 21.00 Percentage City of Fresno Apprentice Hours 100% City of Fresno New Apprentice Hours 5.00 Percentage City of Fresno New Apprentice Hours 24% Public Works Department Annual Workshop –Community Workforce Agreement Local Hire Program Statistics (as of February 28, 2023) Sum Total for PLA Projects as of February 28, 2023 (4 projects)$21.6 million Total Project Hours 12,063.96 Total Journey-Level Hours 10,619.21 City of Fresno Journey-Level Hours 1964.47 Percentage City of Fresno Journey-Level Hours 18% Total Apprentice Hours 1,444.75 City of Fresno Apprentice Hours 927.5 Percentage City of Fresno Apprentice Hours 64% Annual Workshop –Community Workforce Agreement Comparison with Non-PLA Construction Projects Public Works compiled local hire data for a random sampling of 24 projects, totaling $94.6 million in construction FAX EV Infrastructure Project City Hall/MSC Sustainability PARCS/Public Safety Energy Efficiency Olive Ave Resurfacing and Streetscape Veterans Blvd/UPRR/HSR Grade Separation Shields Ave Midtown Trail Segment 2 Slurry Seal Citywide Requirements Contract Requirements Contract CCTV Inspection Clovis Avenue Midtown Trail Segment 5 Blackstone and Abby ITS Corridor Improvements Tupman Playground Equipment Installation Traffic Signals at L Street (Fresno & Tulare) Hinton Park Lighting Gettysburg & Polk Sidewalk & Traffic Signal ATP Improvements Woodward Park Ampitheatre Shade Canopy Water Tower Painting Fresno Animal Shelter Fire Station 18 Charter Officials Fence Butler & Cedar Traffic Signal Protected Left Turns RWRF Waste Gas Flare Improvements HVAC Replacement at FAX Admin Building Pump Station 117/284 Wellhead Treatment New Production Well Pump Station 36A Public Works Department Annual Workshop –Community Workforce Agreement Local Hire Program Statistics (as of February 28, 2023) Random Sampling of 24 Non-PLA Construction Projects $94.6 million Total Project Hours 80,457 Total Journey-Level Hours 70,767 City of Fresno Journey-Level Hours 25,517 Percentage City of Fresno Journey-Level Hours 36% Total Apprentice Hours 9,691 City of Fresno Apprentice Hours 4,711 Percentage City of Fresno Apprentice Hours 49% Annual Workshop –Community Workforce Agreement Questions & Discussion REC1:.:P/ED Regular Council Meeting 2023 M".Y -8 ,t.. fl: 51 May 11, 2023 (''TV . ,.... .. --�,-'1 ,:;yc jLE�.rf·ti�ESNO CITY COUNCIL Supplement Packet ITEM(S) 3-A (ID 23-726) WORKSHOP -Annual Review of the Community Workforce Agreement (Project Labor Agreement) Contents of Supplement: Community Workforce Agreement ltem(s) 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 insp�ction in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). In 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. If you need assistance with seating because of a disability, please see Security. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-745 Agenda Date:5/11/2023 Agenda #: 3.-B. REPORT TO THE CITY COUNCIL FROM:MIGUEL ARIAS, Councilmember District 3 SUBJECT WORKSHOP - On Status of Negotiations Concerning Cleaner and Greener Neighborhood Industry Overlay District and Elm Avenue Attachment: City of Fresno Printed on 5/5/2023Page 1 of 1 powered by Legistar™ 5/11/2023 HELD Regular Council Meeting May 11, 2023 FRESNO CITY COUNCIL Supplement Packet ITEM(S) 3-B (ID 23-745) WORKSHOP -On Status of Negotiations Concerning Cleaner and Greene� Neighborhood Industry Overlay District and Elm Avenue Contents of Supplement: PowerPoint Presentation ltem(s) Supplemental Information: ;J r,1 0 1 il 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. 54957.5(2). In 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. If you need assistance with seating because of a disability, please see Security. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-721 Agenda Date:5/11/2023 Agenda #: 5.-A. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 HELD-NO REPORTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-743 Agenda Date:5/11/2023 Agenda #: 5.-B. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 HELD-NO REPORTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-722 Agenda Date:5/11/2023 Agenda #: 5.-C. CLOSED SESSION ITEM SUBJECT PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Clerk City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 HELD-NO REPORTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-724 Agenda Date:5/11/2023 Agenda #: 5.-D. CLOSED SESSION ITEM SUBJECT PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney City of Fresno Printed on 5/4/2023Page 1 of 1 powered by Legistar™ 5/11/2023 HELD-NO REPORTS