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HomeMy WebLinkAbout2014-07-17 Council Agenda PacketThursday, July 17, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Session July 17, 2014City Council Meeting Agenda - Final-revised The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. Page 2 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised 8:43 A.M. ROLL CALL Invocation by Henry Pauls of the Central Community Church Pledge of Allegiance to the Flag Ceremonial Presentations: Presentation of the SPCA Pet of the Month - Councilmember Brand ID#14-149 Sponsors:Mayor Brand Cooling Centers: PG&E check presentationID#14-141 Sponsors:Mayor Brand Presentation of a Certificate of Recognition to Xavier Richards - Councilmember Baines Presentation of a Certificate of Recognition to Ruby Herr - Councilmember Xiong Presentation of a Certificate of Recognition to Justin Grenier - Councilmember Caprioglio ID#14-164 Sponsors:Baines III and Vice President Caprioglio Proclamation of “ THE TERRACES AT SAN JOAQUIN GARDENS DAY” ID#14-144 Sponsors:Vice President Caprioglio Approve Council minutes of June 19 and 26, 2014 Approve Successor Agency minutes of June 26, 2014 Councilmember Reports and Comments Approve Agenda 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one Page 3 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. RESOLUTION - Of Intention to annex Final Tract Map No. 6073, Annexation No. 54, to the City of Fresno Community Facilities District No. 11 (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) ID#14-066 *BILL NO. B-29 (Intro. June 26, 2014) (For Adoption) Amending Section 1204.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating City fire station. (Citywide Application) - Development and Resource Management Department and Fresno Fire Department ID#14-082 Sponsors:Planning and Development Department Actions pertaining to a lease agreement for the office space located at 5051-5059 E. McKinley (Council District 4) - Police Department 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301/Class 1 (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines for the continued lease of office spaces located at 5051-5059 E. McKinley 2.Authorize the Chief of Police to execute a five-year lease agreement with HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley ID#14-100 Approve the First Amendment to the Services Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to increase video production service hours in the amount of $27,000 annually ID#14-113 Sponsors:Information Services Department Page 4 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised RESOLUTION - Approving the Final Map of Tract No. 6004 and accepting dedicated public uses offered therein - southeast corner of North Maple Avenue and East Copper Avenue (Council District 6) ID#14-117 Sponsors:Public Works Department Actions pertaining to a lease agreement for hangar facility and ramp space at Fresno Chandler Executive Airport (FCH) (Council District 3) - Airports Department 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301(a) and (d)/Class (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines to authorize Lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH 2.Approve a lease between the City and William Newburn dba Pacific Coast Aero Marine Repair ID#14-124 Sponsors:Airports Actions pertaining to grant funding from the State of California Alcoholic Beverage Control (“ABC”) - Police Department 1.RESOLUTION - Authorizing acceptance of $70,000 in grant funding from the State of California Alcoholic Beverage Control (“ABC”), authorize the Chief of Police to enter into and execute the agreement and all program required documents 2.*RESOLUTION - 1st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $70,000 for the Police Department’s ABC Enforcement Program (Requires 5 affirmative votes) ID#14-136 *BILL NO. B-27 (Intro. June 26, 2014) (For Adoption) - Adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycled water for plumbing and landscape irrigation and referred to as the “Recycled Water Ordinance” and applicable to all council districts as recycled water availability and future related projects develop ID#14-140 Sponsors:Department of Public Utilities Page 5 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised Award a contract in the amount of $411,751 to Kimley-Horn and Associates, Inc. for design and engineering services for Bus Rapid Transit (BRT) station area enhancements associated with the Bus and Bus Livability Grant - Bid File No. 100413JD ID#14-086 CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Enter into a contract for budget software and services in the amount of $488,143 for an initial one (1) year set up of software and an ongoing maintenance agreement with Sherpa Government Solutions LLC of Denver, Colorado - Finance Department ID#14-121 Page 6 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised 3. CITY COUNCIL Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: A.Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments - Swearengin-Ex-Officio (Olivier-Alternate) 2. Financial Audit Committee - Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority - Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness - Swearengin, Baines 10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 - Baines 12. Upper Kings Basin Integrated Regional Water Management JPA - Xiong 13. Pension Reform Task Force - Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes ID#14-150 Page 7 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised 16. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 17. San Joaquin Valley Air Pollution Control District - Baines 18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 19. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 20.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations Sponsors:Office of the City Clerk Designation of one (1) voting delegates and up to two (2) alternates for the League of California Cities Annual Conference to be held September 3 - 5, 2014 ID#14-145 Sponsors:Council President Brandau 4. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1.City of Fresno et al. v. Doug Vagim, et al.; Fresno Superior Court No. 13CECG03080, 5th District Court of Appeal No. F069296 Related Matter: Doug Vagim, et al. v. City of Fresno, et al.; Fresno Superior Court No. 13CECG03206 ID#14-163 Sponsors:City Attorney's Office 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:30 AM - Actions Pertaining to the Sufficiency of Initiative Petition Regarding Resolution Nos. 2013-143 and 2013-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a.RESOLUTION - Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition ID#14-154 Page 8 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised b.Take one of the following actions: 1.RESOLUTION - Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2.BILL - (For Introduction) - Repealing Resolution No. 2013- 143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3.RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election. SCHEDULED COMMUNICATION 9:55 A.M. Appearance by Rick Morse to discuss the City of Fresno Medical Marijuana Ordinance ID#14-148 10:00 A.M. HEARING to consider formation of Underground Utility District No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue (Council District 6) 1.RESOLUTION - Establishing Underground District No. FRE-93 along the north side of Nees Avenue from Maple Avenue to Hayston Avenue ID#14-128 Sponsors:Public Works Department 10:15 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 55 (Final Tract Map No. 5531) (east side of S. Armstrong Avenue south of the San Joaquin Valley Railroad) (Council District 5) 1.RESOLUTION - Annexing Territory to Community Facilities District No. 11 and authorizing the levy of a special tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION - Declaring Election Results ID#14-065 Page 9 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised 4.*BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 55, Final Tract Map No. 5531 10:30 AM - WORKSHOP relating to Bicycle, Pedestrian and Trails Master Plan ID#14-126 Sponsors:Public Works Department 10:45 AM - Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Vesting Tentative Tract Map No. 6033, Conditional Use Permit No. C-13-092 and related environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc., for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4) (Continued - Time and date to be determined) ID#14-108 Sponsors:Vice President Caprioglio PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS June 26 10:00 A.M HEARING to consider the proposed annual assessments for Landscaping and Lighting Maintenance District No.1 (Citywide) Page 10 City of Fresno ***Subject to Mayoral Veto July 17, 2014City Council Meeting Agenda - Final-revised Aug. 21 2:00 P.M. HEARING re: Final Tract Map No. 6073 annexed to CFD No. 11: North side of E. Church Avenue between S. Chestnut and Peach Avenues (Council District 5) UPCOMING EMPLOYEE CEREMONIES July 31 8:30 a.m. Employee of the Summer Quarter (Reception immediately following - 2nd floor foyer) Oct. 2 8:30 a.m. Employee of the Fall Quarter (Reception immediately following - 2nd floor foyer) Oct. 22 (Weds) 2:00 p.m. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) Page 11 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-149 Agenda Date:7/17/2014 Agenda #: CEREMONIAL PRESENTATION Presentation of the SPCA Pet of the Month - Councilmember Brand [If you need to include additional information, beyond the title for the agenda, enter it here. Delete this text and brackets as they only serve as instructions.] City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-141 Agenda Date:7/17/2014 Agenda #: CEREMONIAL PRESENTATION Cooling Centers: PG&E check presentation City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-164 Agenda Date:7/17/2014 Agenda #: CEREMONIAL PRESENTATION Presentation of a Certificate of Recognition to Xavier Richards - Councilmember Baines Presentation of a Certificate of Recognition to Ruby Herr - Councilmember Xiong Presentation of a Certificate of Recognition to Justin Grenier - Councilmember Caprioglio City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-144 Agenda Date:7/17/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of “ THE TERRACES AT SAN JOAQUIN GARDENS DAY” [If you need to include additional information, beyond the title for the agenda, enter it here. Delete this text and brackets as they only serve as instructions.] City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-066 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division SCOTT TYLER, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION -Of Intention to annex Final Tract Map No.6073,Annexation No.54,to the City of Fresno Community Facilities District No.11 (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) RECOMMENDATION Adopt Resolution of Intention to annex Final Tract Map No.6073 to City of Fresno Community Facilities District No. 11 (“CFD No. 11”). EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno to have Final Tract Map No.6073 annexed to CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping and irrigation systems within the street rights-of-way,landscape easements and Outlots A,B and C;concrete curbs and gutters,valley gutters,curb ramps,sidewalks,traffic calming curbs and hardscaping,and Outlot A block wall;interior street paving,street name signage and street lighting associated with this subdivision.The cost for the services for these improvements is $601.41/lot annually.Final Tract Map No.6073 is located entirely in Fresno City Limits.The Resolution of Intention begins the process,sets the required public hearing for August 21,2014,at 2:00 p.m.,and defines the steps required to complete the annexation.(See attached location and feature maps.) City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-066 Agenda Date:7/17/2014 Agenda #: BACKGROUND On November 15,2005,the Council of the City of Fresno adopted Resolution No.2005-490 forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (“City Law”). The landowner has made a request to the City of Fresno to have Final Tract Map No.6073 annexed to CFD No.11 to provide funding for the Services pertaining to the landscaping and irrigation systems within the street rights-of-way,landscape easements and Outlots A,B and C;concrete curbs and gutters,valley gutters,curb ramps,sidewalks,traffic calming curbs and hardscaping,and Outlot A block wall;interior street paving,street name signage and street lighting associated with this subdivision. (See attached location and feature maps.) Final Tract Map No. 6073 is not a phased map and is located entirely in Fresno City Limits. The attached Resolution initiates the annexation process,sets the public hearing on this matter for August 21,2014,sets the Maximum Special Tax at $601.41 annually per residential lot for FY14-15 and sets the annual adjustment of the Special Tax at +3%plus the increase,if any,in the construction cost index for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law.The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 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 N/A LOCAL PREFERENCE N/A FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-066 Agenda Date:7/17/2014 Agenda #: Attachments:Location Map Feature Map Resolution City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ CITY OF FRESIIT' PUBLIC $TORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION l¡Jzot- atYoIÉ oo ó ¿ É. ô UJ C) 5z1- an UJ Io t-an É.tr COPPER INTERNATIONAL BEFIYMER PERRIN SHEPHERD TEAGUE NEES ALLUVIAL g É * H , Ër H Ë .ls= =Ë HERNDON -SIERRA -BUL!{RD -BARSTOW -sllAw -GETrySBURG -ASHHN -DAKOTA -sHtEtÐs -CLINTON -MCKtNttY -oltvE -BELMONT -NIELSON -$/H[ES BRTDGE -KÊARNEY - FINAL TRACT MAP NO.6073 ||tAZU'Y-< 3ËäÉËF5()c) I I - DAKOTA - SHIELDS - CLINTON - MCKINLEY - OLIVE - BELMONT - TULARE - KINGS CAI.IYON - EUTLER - CAUFORNIA - CHURCH - JENSEN - ANNADALE - NoRfll EËã4É.< anql-Fl-Y+Ø515iË*=9¡ l¡J à¡- Ëfi _i_ I a'5oìAL d AMERICAN tIt -UÉ,0l¿J2!llllz(J<ØJÕ29 =ÈËÉ=á ao_ t¡JF t! É.9<ÍBöc) l--l... z. da<U>- C) LOCATION MAP ANNEXATION NO. 54 COMMUNITY FACILITIES DISTRICT NO. 11 CITY OF PUBLIC WORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION FEATURES TO BE ADDED BY ANNÐüTION NO. 54 COMMUNITY FACILMES DISTRICT NO. 11 TRACT 6073 ''NO PHASES'' I-ANDSCAPE AND IRRIGATION: TREES AND SHRUBS: BUFFERS/PARKWAYS/OI.JTLOT B = 15,E60 SF WINERY ENTRANCE MEDIAN = 650 SF TURF AND BEDS: OUTLOTA&B=35,252SF I-ARGE TREES : 51 FÁ SMALLTREES:3FA CONCRETE IMPROVEMENTS: CURB & GUTTER = 9,295 LF VALLEY GUTÌER = 5,E41 SF SIDEWALK & CURB RAMPS = /+E,429 SF ENTRANCE MEDIAN CURB = 194 LF INTERIOR PAVEMENT: TOTAL AREA = 146,265 SF TRAFFIC CIRCLE: NON-PAVEMENI : 64 SF lN ROAD-PAVEMENT = 125 SF CURBING = 88 LF *NOTE: 1 EA TRAFRC CIRCLES INCLUDED STREEI- LIGHTS: E-1 (70W):3EACH E-1 (tsow) =2Ú!|CH E-2 (70w) : 28 EACH NOT TO SCALE Aerfl æ, æ11 Effi-cnuncn nveuue 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, OF INTENTION TO ANNEX FINAL TRACT MAP NO. 6073 AS ANNEXATION NO. 54 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 a resolution 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. 6073 (“T6073”) has formally petitioned the City to annex T6073 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-2, and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 54 (T6073) are specified in the document attached hereto as Exhibit C, Page C-1, and incorporated herein by this reference; and WHEREAS, Annexation 54, T6073 is located entirely within the limits of the City of Fresno; and WHEREAS, CFD No. 11 and Annexation No. 54 will share costs proportionately for Services provided by the City; and 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. 54 Boundaries. The proposed boundaries of Annexation No. 54 are as shown on the map (copy attached as Exhibit B) on file with the City Clerk. The boundaries, shown in Annexation Map No. 54, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 54, 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 of 6 3.Services. The operation and reserves for maintenance (“Services”) proposed to be financed in Annexation No. 54 are listed on Page C-1 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. 54, 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. 54, will be levied annually within Annexation No. 54, 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 effected property owners. The proposed rate and method of apportionment of the Special Tax among the real property parcels within Annexation No. 54, are described in sufficient detail for each landowner within Annexation No. 54 to estimate the maximum amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein by this reference. 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 his 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. 54 (“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. 54. 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 4 of 6 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. 54 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. 7.Public Hearing. Thursday, August 21, 2014 at 2:00 p.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, this Council, that this legislative body for CFD No. 11, will conduct a public hearing on the annexation of T6073 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 5 of 6 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. Attachments: Exhibit A:Original Boundaries of CFD No. 11 Exhibit B:Annexation Map No. 54 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, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy BlackstoneNees He rnd on Bulla rd Sh aw Ashlan Sh ields McKinley Be lm on t Whites Bridge Alluvial Sierra Ba rstow Gettysburg Da kota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler Califo rnia Church Jen sen Annadale North Kings Cany onMaroaInternational Copper Behymer Shepherd Nee s Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Ba rstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga Am erica n CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKe arn ey Muscat No rth Annada le Musca t Ce ntral California Jensen Chu rch Ce ntral Nie ls en 41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION 41 180 168 99 99 180 Legend State Rou tes Rail Road Stre et Centerline CF D11 City Bound ary Limits Exhibit A DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY oF ,20L4. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 54 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 RESOLUTTON NO. 20L4-_ Ott_,2014. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO DEPUTY THIS ANNEXATION MAP NO. 54 OF THE CITY OF FRESNO COMMUNITY FAclLlTlESDlsTRlcTNo'11,WAsFlLEDTHlSDAYoF-,201 AT THE HOUR OF-O'CLOCK-M AT BOOK 44, 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: REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 1]., RECORDED NOVEMBER 8, 2OO5 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 NoTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP SOOK PAGES TERRITORY BY Þ52,!¿ tsÞz Eg Þ F Eoh CITY Of FRESNO - Public Works Department ANNEXATON MAP NO. 54 OF COMMUNITY FACILITES DISTRICT NO. 11 OF THE CITY OF FRESNO, FRESNO COUNTY, CAUFORNIA il fiì_¡¡¡- 4L cFDl1 54 A1 EXHIBIT C C-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 54 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 54 (Final Tract Map No. 6073) The operations and reserves for maintenance (“Services”) that are to be financed by Community Facilities District No. 11 (“CFD No. 11”) for Final Tract Map No. 6073, Annexation No. 54 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 public street rights-of-way and landscaping easements. Such facilities include, without limitation, concrete curbs and gutters, valley gutters, curb ramps, sidewalks, entrance median curbing, and traffic calming curbs and stamped concrete; block wall in Outlot A, street lighting, and interior street name signage and local street paving associated with this 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 54 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 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 Special 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 landscaped 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 provision 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. 54 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2014-2015 ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $39,319.00 2 Other Operational Costs $1,755.00 3 Reserve for Replacement $24,603.00 4 Incidental Expenses $1,680.00 Total $67,357.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6073 $601.41 112 $500,000.00 Silkscape Inc. EXHIBIT D D-2 City of Fresno Community Facilities District No. 11 Annexation No. 54 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 subsequently 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 administrative 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 1351 of the Civil Code, a community apartment project, as defined in Section 1351 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 2014-2015 for a residential unit within Final Tract Map No. 6073 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2014-2015)* Final Tract Map Number**Maximum Special Tax 6073 $601.41 per Residential Unit *Beginning in January of each year, the MST shall be adjusted upward annually by 3% plus the rise, if any, in the Construction Cost Index (CCI) for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the 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 2014-2015, 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. 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 54 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6073 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-082 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL June 26, 2014 FROM:MIKE SANCHEZ, Planning Manager Development Services Division THROUGH:TIMOTHY HENRY, Deputy Chief Fresno Fire Department BY:Sophia Pagoulatos, Supervising Planner Development Services Division *BILL NO.B-29 (Intro.June 26,2014)(For Adoption)Amending Section 1204.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating City fire station. (Citywide Application)-Development and Resource Management Department and Fresno Fire Department RECOMMENDATION The appropriateness of the proposed text amendment has been examined pursuant to Section 12- 402 of the Fresno Municipal Code (FMC),and the Director of the Development and Resource Management Department has determined that the proposed text amendment is consistent with the goals and policies in the 2025 Fresno General Plan.Upon consideration of staff evaluation,it can be concluded that proposed Text Amendment Application No.TA-14-002 is appropriate for citywide use. Therefore, staff recommends the City Council take the following actions: 1.APPROVE the environmental finding for Environmental Assessment No.TA-14-002,dated May 1,2014,pursuant to CEQA Guidelines section 15061(b)(3),that there is no possibility that this project may have a significant effect on the environment. 2.ADOPT Ordinance Bill approving Text Amendment Application No.TA-14-002,amending Section 12-4.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating fire station. City of Fresno Printed on 12/15/2022Page 1 of 4 powered by Legistar™ File #:ID#14-082 Agenda Date:7/17/2014 Agenda #: EXECUTIVE SUMMARY Text Amendment No.TA-14-002 (see Exhibit A for Ordinance Bill)was initiated by the Director of the Development and Resource Management Department and proposes to amend Section 12-4.508-E of the FMC relating to Urban Growth Management (UGM)Fire Stations and Development Restrictions.The text amendment would allow the Fire Chief to determine that the Fire Department’s physical response time is equivalent to running distance.This is now necessary because more tools are available to estimate response time and doing so would maximize the use of existing fire stations. Staff supports the proposed text amendment. PROJECT INFORMATION PROJECT Text Amendment No. TA-14-002 proposes to amend Section 12-4.508-E of the FMC relating to Urban Growth Management (UGM) Fire Stations and Development Restrictions in order to maximize the use of existing fire stations. APPLICANT City of Fresno - Development and Resource Management Department LOCATION Citywide ENVIRONMENTAL FINDING A finding that there is no possibility that this project may have a significant effect on the environment was made for Environmental Assessment No. TA-14-002, dated May 1, 2014, pursuant to CEQA Guidelines section 15061(b)(3). See Exhibit B for environmental finding. PLAN COMMITTEE RECOMMENDATION Council District Plan Implementation Committees 1, 4, 5 and 6 recommended approval of the text amendment. Council District Plan Implementation Committees 2 and 3 made no comment. PLANNING COMMISSION On May 21, 2014, the Planning Commission recommended that the City Council: (1) adopt environmental finding, dated May 1, 2014; (2) approve Text Amendment No. TA-14-002 as presented STAFF RECOMMENDATION Approve the proposed text amendment and adopt the related environmental finding BACKGROUND Currently,the FMC requires that in all UGM areas,no commercial or industrial development is permitted beyond the three mile running distance of an existing and operating fire station unless the developer first constructs a fire station to serve such development.Running distance is defined as “the actual distance which must be traveled over public streets or rights -or-way from a fire station to reach the scene of a fire incident (FMC Section 12.4.501.5-G).” The Development and Resource Management Director is currently allowed to grant a temporary waiver from this requirement when the Fire Chief finds that certain conditions apply.The text amendment would add another basis for the granting of the waiver if the physical response time is equivalent to the industry standard response time of the three mile running distance. The FMC currently requires all new commercial and industrial construction to be within a three mile running distance from a fire station to allow for appropriate response times. Industry recognizes a three mile running distance as a four minute average response time. There are geographical areas near the city limits that are within three driving miles of a fire City of Fresno Printed on 12/15/2022Page 2 of 4 powered by Legistar™ File #:ID#14-082 Agenda Date:7/17/2014 Agenda #: There are geographical areas near the city limits that are within three driving miles of a fire station,but exceed the four minute response time because of road conditions and traffic patterns.There are also areas that are within four minutes driving time,but outside the three mile running distance from the closest fire station. Physical response time is the actual time it takes a fire apparatus,while responding with emergency lights and sirens,from the fire station to the ending point,which is four minutes of driving time in all directions from the fire station.This standard would be equivalent to the three mile running distance from the fire station as defined in the FMC. The intent of the proposed text amendment is to allow the Fire Chief to take into consideration the use of freeways and other expressways that may allow a fire apparatus to extend the running distance,thus maximizing the use of existing fire stations and ensuring that new development is not conditioned with construction of new fire stations if the property is within the four minute response time. The attached map shows the areas within and around the city that would be served by the three mile running distance and the four mile response time (Exhibit C). PUBLIC NOTICE AND INPUT In accordance with Fresno Municipal Code Section 12-402-B,a notice of public hearing was published in the Fresno Bee on April 27,2014,ten days prior to the Planning Commission hearing date,and again on June 13,2014,ten days prior to the June 26,2014 City Council hearing date. No comments have been received to date. The Airport Land Use Commission reviewed the text amendment on April 7,2014 and found it consistent with the airport land use plans within the City of Fresno. Council District Committees 1,4,5 and 6 recommended approval of the text amendment. Council Districts 2 supported the amendment and 3 made no comment. Planning Commission The Planning Commission considered the text amendment at its regularly scheduled meeting of May 21,2014.No members of the public spoke in support or in opposition to the proposed text amendment.The Planning Commission recommended approval of the proposed text amendment and related environmental finding by a 5-0-1 vote,with Commissioner Vasquez absent (See Exhibit D for Planning Commission Resolution). 2025 Fresno General Plan Objectives and Policies Objective E-25 of the Public Facilities Element states: Ensure that fire protection,emergency medical and all emergency services are provided in an adequate, efficient and cost effective manner. Policy E-25-a further states: City of Fresno Printed on 12/15/2022Page 3 of 4 powered by Legistar™ File #:ID#14-082 Agenda Date:7/17/2014 Agenda #: Utilize the procedures and criteria contained within the Urban Growth Management Policy and Ordinance to provide an equitable means through which the provision of fire service can be addressed throughout the UGM area including the planned North and Southeast Growth Areas. Staff believes that the proposed amendment is consistent with the above objective and policy, as it would increase the areas of the urban area that can be adequately and safely served by existing fire stations, thereby increasing the efficient provision of city services. Conclusion Staff believes that the proposed text amendment is in the best interest of the City of Fresno and supports Text Amendment No.TA-14-002 as proposed in the attached Ordinance Bill. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant effect on the environment. The text amendment is providing an additional criterion by which a temporary waiver may be granted for the provision of a fire station if a project is located within response time equivalent to the three mile running distance. The proposed four-minute response time is consistent with the city standards for response times and considered to be equivalent to the three-mile running distance. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the city a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Development and Resource Management Department. Exhibits:A:Ordinance Bill for Text Amendment No. TA-14-002 B.Environmental Assessment No. EA-14-015 dated May 1, 2014 C:UGM Fire Station Response Map D.Planning Commission Resolution No. 13283 City of Fresno Printed on 12/15/2022Page 4 of 4 powered by Legistar™ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 12-4.508.8 OF THE FRESNO MUNICIPAL CODE RELATING TO UGM DEVELOPMENT RESTRICTIONS ON THE RUNNING DISTANCE BETWEEN COMMERCIAL AND INDUSTRIAL DEVELOPMENTS AND AN OPERATING CITY FIRE STATION WHEREAS, on November 19, 2002, by Resolution No. 2OO2-37g, the City Council adopted fhe 2025 Fresno General Plan and on that date, by Resolution No. 2002-378, certified Master Environmental lmpact Report ("MElR") No. 10130 (State Clearinghouse No. 2001071097) which evaluated the potentially significant adverse environmental impacts of the General Plan's goals, objectives, and policies; and, WHEREAS, Text Amendment Application No. TA-14-OO2 was initiated by the Director of the Development and Resource Management Department pursuant to Fresno Municipal Code Section 12-401-A-3; and WHEREAS, the Fresno County Airport Land Use Commission, at its hearing of April 7, 2014, found the text amendmentto be consistentwith airport land use plans and recommended approval of the text amendment; and WHEREAS, pursuant to the provisions of Section 402, Arlicle 4, Chapler 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a hearing on the 21st day of May, 2014, to consider Text Amendment Application No. TA- 14-002 and related Environmental Assessment No. fA-14-002, during which the Commission solicited testimony, considered the environmental assessment, and Page 1 Ordinance No. recommended to the Council of the City of Fresno approval of the text amendment application as evidenced in Planning Commission Resolution No. 13283; and, WHEREAS, the Council of the City of Fresno, on the 26th day of June 2014, held a public hearing and received the recommendation of the Planning Commission, considered the information in the staff report, and solicited testimony from the public on this matter. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. The Council finds in accordance with its own independent judgment that there is no possibility that Text Amendment Application No. f A-14-002 would have significant effects on the environment pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines. Accordingly, the Council adopts Environmental Assessment No. TA-14- 002, dated May 1 ,2014. 2. The Council finds that the adoption of the proposed text amendment, as recommended by the Planning Commission, is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby approves the Text Amendment Application to amend the Fresno Municipal Code as set forth below: SECTION 1 . Section 12-4.508-E of the Fresno Municipal Code is amended to read: SECTION 12-4.508-E UGM DEVELOPMENT RESTRICTIONS. ln addition to payment of UGM Fire Station Capital Fees, all development in the UGM area shall be subject to the following restrictions. Page 2 Ordinance No. 1.Residential. a. b No more than five thousand residential units, or their equivalent, shall be permitted beyond the primary service area and within a five mile running distance of an existing city fire station. Between the three and four mile running distance of an existing and operating fire station there shall be a one hundred-foot separation between buildings, or a fifty-foot separation between buildings, consistent with planned densities, and: (1) All roofing materials shall be noncombustible, and (2) All facing surfaces between buildings shall be noncombustible. Between the four and five mile running distance there shall be a one hundred-foot separation between buildings. Between the three and five mile running distance, the one hundred-foot and fifty-foot separation requirements may be waived with the installation of automatic fire extinguishing systems, as approved by the Fire Chief, in all buildings within the project area. ln no event will residential development be permitted beyond the five mile running distance of an existing and operating city fire station unless the developer first constructs a city fire c d e Page 3 Ordinance No. 2 station to serve such development, in which event the developer will be reimbursed in accordance with subsection G-2 of this section. Commercial. ln addition to the payment of UGM Fire Station Capital Fees, commercial and industrial development will be permitted beyond the two-mile running distance of an existing and operating city fire station only upon compliance by the developer with all conditions imposed by the Fire Chief and approved by the Council for fire safety purposes, such as additional spacing between buildings, installation of fire sprinklers, or the use of noncombustible materials. ln no event will commercial or industrial development be permitted beyond the three-mile running distance of an existing and operating fire station unless the developer first constructs a city fire station to serve such development, in which event the developer will be reimbursed in accordance with subsection G-2 of this section. The Director may grant a temporary waiver from the restrictions of subdivision b. when the Fire Chief finds [either the physical response time is equivalent to the runninq distance orl all of the following [circumstances applv]: (1) the development will improve the health and safety of a b c Page 4 Ordinance No. 3 the community. (2) the proposed deveropment meets minimum fire safety standards acceptable to the Fire chief for service times and risk of fire for the period of the waiver. (3) the deveroper has provided adequate security, in a form approved by the Director and the city Attorney, to ensure deveropment wiil be compreted upon the expiration of the waiver. The time limit on the waiver will be provided by the Fire chief to ensure the protection of the public health and safety, but in no event shall the waiver be more than two years from the date of issuance of the first cerlificate of occupancy for the development. The Fire chief shall adopt written standards to administer this waiver, including but not rimited to, a list of building occupancies, water supply requirements, and building construction types appropriate for this waiver pursuant to the Fire chief's authority and responsibilities under the Fresno Fire Code. Exception. Notwithstanding the above, development will be permitted beyond the distances and densities specified herein provided the developer pays the appropriate uGM Fire station capital Fee and such deveropment will be protected by another fire protection agency pursuant to a contract approved by the city. Page 5 Ordinance No. SECTION 2. This ordinance shall become effective and in full force and effect at 12.01 a.m. on the thirly-first day after its passage. ************** STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO meeting held on the AYES . NOES : ABSENT : ABSTAIN: SS. l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular day of 2014. Mayor Approval:,2014 Mayor Approval/No Return:2014 2014 2014 Mayor Veto. Council Override Vote: APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Talia Kolluri-Barbick Senior Deputy City Attorney Dated: TKB:cg[63703c9/ORD]6/1 3/1 4 WONNE SPENCE, CMC City Clerk BY: Deputy Page 6 Ordinance No. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-100 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:MIKE W. BROGDON, Lieutenant Police Department - Special Investigations Bureau SUBJECT Actions pertaining to a lease agreement for the office space located at 5051-5059 E.McKinley (Council District 4) - Police Department 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301/Class 1 (existing facilities)of the California Environmental Quality Act (“CEQA”)Guidelines for the continued lease of office spaces located at 5051-5059 E. McKinley 2.Authorize the Chief of Police to execute a five-year lease agreement with HR,LLC,a California limited liability company,to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Article 19,Section 15301/Class 1 of the CEQA Guidelines and authorize the Chief of Police to enter into a five-year lease agreement with HR,LLC to lease office space located at 5051-5059 E. McKinley Avenue for $5,796.80 per month. EXECUTIVE SUMMARY The department’s Special Investigations Bureau now leases 6,506 square feet of space at 5051-5059 E.McKinley Avenue at $0.75 per square foot ($4,879.50 per month).Electricity,natural gas,water,garbage,and sewer services are paid by the City.The current lease expires June 30,2014.The term of the proposed lease will be four (4)years and nine (9)months,beginning October 1,2014,to allow for improvements,and ending June 30,2019.The lease may be terminated by the City,without cause at any time,with a one hundred-eighty (180)day prior written notice.It contains a non-funding termination clause for the City by providing a ninety (90) day prior written notice. The proposed lease will be at a rate of $0.80 per square foot for 7,246 square feet, totaling a monthly rental payment of $5,796.80 per month. BACKGROUND The space was increased by 740 square feet to accommodate the addition of seven (7)special investigators inside the City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-100 Agenda Date:7/17/2014 Agenda #: The space was increased by 740 square feet to accommodate the addition of seven (7)special investigators inside the main building.There will be no additional cost to the City to modify the building for this accommodation.The rent will be fixed at $0.80 per square foot and electricity, natural gas, water, garbage, and sewer services shall be paid by the City. ENVIRONMENTAL FINDINGS The Fresno Police Department has leased the property located at 5051-5059 E.McKinley since approximately 1977 and will adopt a finding of Categorical Exemption pursuant to Article 19,Section 15301/Class 1 (existing facilities)of the California Environmental Quality Act (“CEQA”) Guidelines for the continued lease of the office space. LOCAL PREFERENCE N/A FISCAL IMPACT Lease payments will be made out of the Police Department’s FY 2015 Budget. JPD:MWB:lc 07/17/14 Attachments:Lease Agreement Exhibits A & B City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-113 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:CAROLYN T. HOGG, Director Information Services Department BY:BRYON HORN, Information Services Manager Information Services Department SUBJECT Approve the First Amendment to the Services Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to increase video production service hours in the amount of $27,000 annually RECOMMENDATION Staff recommends City Council approval of an Amendment to provide additional video production service hours by CMAC in order to completely cover Council Meetings, press releases, Mayoral and other special events. The $27,000 annual increase will provide approximately 540 hours per year and will relieve the Information Services Department (ISD) from video responsibility. EXECUTIVE SUMMARY For the past three years, ISD has been providing video services for City of Fresno events and this has become a burden to ISD’s support resources. The City of Fresno’s current video requirements are estimated to be 45-50 hours per month, while the multi-faceted CMAC original Agreement allows for only 25 hours. CMAC has agreed to provide this increased video service at a rate of $50 per hour, an industry standard. BACKGROUND ISD acquired video services when the City Manager’s Office video team dissolved in 2011. As Information Technology (IT) support needs, upgrades and implementations have continually increased over the years, using specialty trained IT staff to perform video services reduces the support levels available for City IT Operations. CMAC has provided excellent services to the City of Fresno since July 20, 2010; they have also grown in their business capabilities to the extent that they are ready and able to take on the full number of video hours we require. ISD will remain the back-up City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-113 Agenda Date:7/17/2014 Agenda #: video provider if ever CMAC is unable to provide services. This Amendment shall be for a one year term, renewable each year, per Council approval. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Estimated fiscal impact is $27,000. Appropriations have already been accounted for in ISD’s budget. Attachments:First Amendment to Service Agreement Service Agreement Dated July 20, 2010 City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-117 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division SCOTT TYLER, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION - Approving the Final Map of Tract No. 6004 and accepting dedicated public uses offered therein - southeast corner of North Maple Avenue and East Copper Avenue (Council District 6) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6004 and accepting the dedicated public uses offered therein. EXECUTIVE SUMMARY The Subdivider,Copper/Maple No.4,Inc.,a Delaware Corporation,(Robert A.McCaffrey,Chief Executive Officer,Brent M.McCaffrey,President),has filed for approval,the Final Map of Tract No.6004,Phase 2 of Vesting Tentative Map No. 6003 for a 51-lot single-family residential,gated,private street planned development subdivision with one outlot for private street and public utility easement purposes and three outlots for private landscaping,private walkway and recreation purposes, located on the southeast corner of North Maple Avenue and East Copper Avenue on 7.44 acres. BACKGROUND The Fresno City Planning Commission on July 25,2012 adopted Resolution No.13168 approving Vesting Tentative Map No.6003 (Tentative Map)for a 118-lot single-family residential,gated,private street planned development subdivision with five outlots for private street and common open space purposes on 16.79 acres at an overall density of 8.53 units per acre.The Development and Resource Management Department on April 3,2013 approved a revision to Vesting Tentative Map No.6003 reducing the number of lots from 118 to 105.The Tentative Map was approved consistent with the 2025 General Plan and the Woodward Park Community Plan to comply with the provisions of the Subdivision Map Act.The approval of Vesting Tentative Map No.6003 will expire on July 25,2016.The Final Map is technically correct City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-117 Agenda Date:7/17/2014 Agenda #: Act.The approval of Vesting Tentative Map No.6003 will expire on July 25,2016.The Final Map is technically correct and conforms to the approved Tentative Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $155,928.91.Covenants have been executed to defer eligible development impact fees totaling $497,748.26 to the time of issuance of building permit and final occupancy of each unit and for annual CFD-11 assessment notification.The City Attorney’s Office has approved all documents as to form. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the landscaping,trees,irrigation systems and median edging within the median island in North Maple Avenue and the concrete curbs,gutters and valley gutters along East Copper Avenue and North Maple Avenue frontages within and adjacent to the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s Community Facility District No. 11 (CFD-11) on March 21, 2013. The Subdivider has executed the covenant for Maintenance of Certain Improvements and is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5 of the California Government Code.The maximum annual assessment is $34.22 per lot with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco Region. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not applicable to this item. FISCAL IMPACT The Final Map is located in Council District 6.There will be no impact to the City’s General Fund.Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the city a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachments: -Resolution -Final Map of Tract No. 6004 City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-124 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Actions pertaining to a lease agreement for hangar facility and ramp space at Fresno Chandler Executive Airport (FCH)(Council District 3) - Airports Department 1.Adopt a finding of Categorical Exemption pursuant to Article 19,Section 15301(a)and (d)/Class (Existing Facilities)of the California Environmental Quality Act (CEQA) Guidelines to authorize Lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH 2.Approve a lease between the City and William Newburn dba Pacific Coast Aero Marine Repair RECOMMENDATIONS Staff recommends Council adopt a finding of Categorical Exemption and approve a lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH. EXECUTIVE SUMMARY Mr.Newburn has been operating Pacific Aero Marine Repair,an aircraft and avionics repair business, at FCH,since 2002.The current five-year lease expired May 31,2014 and has been in holdover since then.The new five year lease incorporates an updated annual fair market rent of $31,200.This represents an increase of $13,200 which gives it parity with other similar hangar leases at FCH. The lease area consists of 38,251 square feet of land,including existing paved aircraft ramp (ramp) and a 12,600 square foot hangar facility. BACKGROUND William Newburn’s business includes the sale,installation,calibration and repair of aircraft radios and electronic navigation and landing aids (avionics).The business has been conducted from this hangar and another adjacent hangar which is under a separate lease from the City. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-124 Agenda Date:7/17/2014 Agenda #: Mr.Newburn’s business is a valuable asset to the regional general aviation community and serves as a primary maintenance facility for numerous aircraft charter operations.His knowledge of rare and antique aircraft engines also allows him to serve a specialized market ranging across Central California. This lease has been reviewed and approved as to form by the City Attorney. ENVIRONMENTAL FINDINGS This lease falls within the Class 1 Categorical Exemptions set forth in California Environmental Quality Act (CEQA)Guidelines,Sections 15301(a)and (d)(Existing Facilities),as it involves minor or no alteration of existing leasehold structures with no expansion of use,and will not result in any significant negative effects relating to traffic,noise,air quality or water quality.None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)does not apply because this action is not related to the procurement of materials, supplies or equipment. FISCAL IMPACT The revenue from this lease will be $31,200 per year,and is subject to annual adjustments based on the Consumer Price Index (CPI).The total estimated revenue from this lease,assuming all five years,is $156,000 plus CPI adjustments.All revenue will be deposited into the Airports Enterprise Fund and will contribute to the operation and maintenance of FCH.In addition,this business will continue to provide an economic benefit to the City and the airport through increased aviation activity, fuel purchases,and aircraft services provided by other tenants.There is no impact to the General Fund from this item. Attachments: - Site Plan - Pacific Coast Aero Marine Agreement City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ KEARNEY BOULEVARDTEILMAN AVENUEC H A N D L E R A V E N U EWEST AVENUEWHITES BRIDGE ROAD THORNE AVENUEROEDING DR IVE NORTH LOCATION MAP LEASE LOT: 668 WEST KEARNEY BOULEVARD EXECUTIVE AIRPORT FRESNO CHANDLER LEASE LOCATION FRESNO CHANDLER EXECUTIVE AIRPORT HANGAR FACILITY LEAS E AGREEM E NT By and Between CITY OF FRESNO A MUNICIPAL CORPORATION And WILLIAM NEWBURN INDIVIDUAL D.B.A. PACIFIC COAST AERO MARINE Pacific Coast Aero Marine Lease Agreement TABLE OF CONTENTS Page# WITNESSETH ..................................................................................................................... 1 SECTION 1. DEFINITIONS ................................................................................................ 1 SECTION 2. LEASED PREMISES & NEW IMPROVEMENTS .......................................... 1 A. Leased Premises .................................................................................................. 1 B. New Improvements ............................................................................................... 1 SECTION 3. TERM ............................................................................................................. 2 SECTION 4. RENT ............................................................................................................. 2 A. Rent ....................................................................................................................... 2 B. Rental Adjustment. ............................................................................................... 2 SECTION 5. USE ............................................................................................................... 4 A. Use Terms and Conditions ................................................................................. .4 SECTION 6. CAPITAL IMPROVEMENTS ......................................................................... 5 SECTION 7. MAINTENANCE, REPAIRS ........................................................................... 5 A. Lessor's Maintenance and Repair Obligations .................................................. 5 B. Lessee's Maintenance and Repair Obligations ................................................. 5 C. Exclusive Use Premises ...................................................................................... 6 D. Safety of Operations and Repairs ....................................................................... 7 E. Failure to Repair by Lessee ................................................................................. 7 F. Access ................................................................................................................... 8 SECTION 8. INSPECTION AND AUDIT BY LESSOR ....................................................... 8 A. Entry by Lessor for Inspection ............................................................................ 8 B. Records ................................................................................................................. 8 SECTION 9. INSURANCE AND INDEMNIFICATION ........................................................ 9 A. lndemnification ..................................................................................................... 9 B. Exemption Of Lessor ........................................................................................... 9 C. Insurance ............................................................................................................ 10 D. Additional Insured and Notice of Cancellation or Material Change Endorsements .................................................................................................... 12 E. Primary Coverage ............................................................................................... 12 F. Evidence of Insurance ....................................................................................... 12 G. Additionallnsurance .......................................................................................... 13 SECTION 10. TAXES ....................................................................................................... 13 A. Taxes and Assessments .................................................................................... 13 SECTION 11. SUBLETTING AND ASSIGNMENT .......................................................... 13 A. Right to Sublease ............................................................................................... 13 B. Written Consent. ................................................................................................. 14 C. Sublease Subject to Terms of this Lease ......................................................... 14 D. Right to Assignment .......................................................................................... 14 E. Payment Regarding Sublease or Assignment.. ............................................... 14 SECTION 12. UTILITIES .................................................................................................. 15 A. Costs and Expenses .......................................................................................... 15 SECTION 13. LIENS ........................................................................................................ 15 SECTION 14. TERMINATION BY LESSOR/EVENTS OF DEFAULT ............................... 16 A. Failure to Pay ...................................................................................................... 16 ii Pacific Coast Aero Marin e Lease Ag reem e nt B. Material Terms .................................................................................................... 16 C. Insolvency ........................................................................................................... 16 D. Bankruptcy .......................................................................................................... 16 E. Abandon, Desert, or Vacate Leased Premises ................................................ 16 F. Non-Wavier ......................................................................................................... 17 SECTION 15. REMEDIES FOR EVENTS OF DEFAULT ................................................. 17 SECTION 16. SURVIVAL OF THE OBLIGATION OF LESSEE ...................................... 20 SECTION 17. ADDITIONAL RENT AND CHARGES ....................................................... 21 SECTION 18. QUIET ENJOYMENT ................................................................................. 21 SECTION 19. TERMINATION BY LESSEE ..................................................................... 22 A . Use of Airport for National Defense .................................................................. 22 B. Material Default. .................................................................................................. 22 C. Public Health and Safety .................................................................................... 22 SECTION 20. NO WAIVER OF RIGHT TO DECLARE FORFEITURE ............................ 23 SECTION 21. LESSEE'S RIGHT TO REMOVE PROP ERTY .......................................... 23 A. Right to Remove Property ................................................................................. 23 B. Failure to Remove Property ............................................................................... 23 C . Public Storage Facility ....................................................................................... 23 SECTION 22. SURRENDER OF PREMISES ................................................................... 24 SECTION 23. CONDEMNATION ..................................................................................... 24 A. Condemnation or Eminent Domain ................................................................... 24 SECTION 24. NON-DISCRIMINATION ............................................................................ 25 SECTION 25. SIGNS ........................................................................................................ 26 A. Approval of Signs ............................................................................................... 26 B. Removal of Signs ............................................................................................... 26 SECTION 26. GOVERNMENTAL REQUIREMENTS-RULES AND REGULATIONS .... 27 SECTION 27. NO REPRESENTATIONS OR WARRANTIES .......................................... 27 SECTION 28. ENVIRONMENTAL CONCERNS AND MONITORING REQUIREMENTS28 SECTION 29. FORCE MAJEURE .................................................................................... 30 SECTION 30 . BROKERAGE ............................................................................................ 30 SECTION 31. RELATIONSHIP OF PARTIES .................................................................. 31 SECTION 32. NO PARTNERSHIP, JOINT VENTURE OR JOINT ENTERPRISE. .......... 31 SECTION 33. CONFLICT OF INTEREST ........................................................................ 31 SECTION 34. GIFT TO PUBLIC SERVANT .................................................................... 31 SECTION 35. CONSTRUCTION AND APPLICATION OF TERMS ................................. 32 SECTION 36. VENUE AND GOVERNING LAW .............................................................. 32 SECTION 37. SUCCESSORS AND ASSIGNS ................................................................ 32 SECTION 38. NOTICES ................................................................................................... 33 SECTION 39. LEASEHOLD MORTGAG ES PERMITTED ............................................... 33 SECTION 40. SECTION H EADINGS ............................................................................... 34 SECTION 41 . COUNTERPARTS ..................................................................................... 34 SECTION 42. ENTIRE LEASE; NO ORAL MODIFICATIONS ......................................... 35 SECTION 43. SIGNATURES ........................................................................................... 36 LIST OF EXHIBITS ............................................................................................................ 37 iii Paci fi c Coast Aero Mar in e Lease Agree ment HANGAR FACILITY LEASE AT FRESNO CHANDLER EXECUTIVE AIRPORT This Lease for Hangar Facility at Fresno Chandler Executive Airport (herein referred to as the "Lease"), by and between the CITY OF FRESNO, a California municipal corporation (herein referred to as "Lessor" or "City") and William Newburn an individual DBA Pacific Coast Aero Marine (herein referred to as "Lessee") (Lessor and Lessee herein together referred to as the "Parties"), is made and entered into on this 1st day of June, 2014 (the "Effective Date"), and evidences the following: WITNESSETH WHEREAS, Lessor owns and operates an airport in the City of Fresno, Fresno County, California, known as Fresno Chandler Executive Airport (the "Airport"); and WHEREAS, Lessor hereby desires to lease to Lessee, and Lessee hereby desires to accept from Lessor, the Leased Premises (as defined in Section 2.A of this Lease), for the purposes set forth in this Lease; and WHEREAS, Lessee agrees to use the Improvements on the Leased Premises in the manner provided for in this Lease. NOW, THEREFORE, in consideration of the rent herein provided to be paid by Lessee , and such other mutual covenants and consideration as herein provided, Lessor does hereby grant, lease and let to Lessee the Leased Premises, together with the right to use any common aprons, taxiways, ramps and access of and to the Airport upon the following terms and conditions: SECTION 1. DEFINITIONS A. The terms "air carrier", "aircraft" and "air transportation" shall have the same meaning as defined in the Federal Aviation Act of 1958, as amended. All other terms shall be defined, if necessary, in their proper context throughout this Lease. B. The term "Director" or "Director of Aviation " shall mean the City of Fresno Director of Aviation or his/her designee . SECTION 2. LEASED PREMISES & N EW IMPROVEM ENTS A. Leased Premises Lessor hereby lets and demises to Lessee and Lessee hereby leases and takes from Lessor 38,251 square f ee t of land , including existing paved aircraft ramp (Ramp) and a 12,600+/-square foot hangar facility, located at the Airport, as described by Lease Lots 4 (FB0-8) on Exhibit A attached hereto and incorporated herein (the "Leased Premises"). B. New Improvements P acific Coast Aero Mari ne Lease Agreem ent Lessee does not propose to construct any new permanent improvements to the Leased Premises. SECTION 3. TERM The term of this Lease shall be for the five (5) year period commencing June 1. 2014 and ending May 31, 2019, unless terminated earlier in the manner and under the conditions herein provided. In the event Lessee shall remain in possession of the leased premises or any part thereof following the end of the life of this Lease, and thus hold over the term hereof with or without the express written consent of Lessor, such ho lding-over occupancy shall be a tenancy from month to month only, terminable by either party hereto upon service of a minimum of thirty (30) days advance written notice upon the other party. Such holding over shall be subject to all of the terms, rates, covenants, conditions, and provisions of this Lease applicable to a month-to-month tenancy . SECTION 4. RENT A. Rent As of the Effective Date , Le ss ee shall pay Lessor rent for the use and occupancy of the Leased Premises, payable monthly in advance in the amount of two thousand six hundred dollars ($2,600.00) per month. B. Rental Adjustment Commencing on each anniversary of th e Effectiv e Date , be ginning [June 1, 2015], then on each year throughout the Term of this lease (the "Scheduled Adjustment Date"), including any available option exercised by th e Lessee, the amount of monthly rent to be paid to Lessor by Lessee shall be increase d by th e same percentage as the percentag e increase in the U.S. Department of Labor, Bureau of Labor Statistics (USDLBLS) Consumer Price Index (CPI) for Urban Wage Earn ers and Clerical Workers (all ite ms, U.S . city average) from January 1 to Dece mber 3 1 during the last full calendar year prior to the Scheduled Adjustment Date. Th e amount of all such annual adjustm e nts shall be determined in th e mann e r illustrated within Exhibit B "Illustration Of Annual Rental Adjustm ent Computation", attached hereto and made a part hereof. Lessor shall complete th e "Annual Rental Adjustment Computation" worksheet as illustrated in Exhibit C hereto, and provid e a copy of such worksheet to Lessee, prior to the Scheduled Adjustment Date each ye ar during the life of this lease. In the event of a decrease in the CPI, in any 2 Pacifi c Coast A ero Marin e Lease Agree ment given year, there shall be no rent adjustment. In the event the CPI decreases, monthly rent shall not be adjusted. 1. Effective Period of Provisions: The foregoing rental adjustment provisions shall be effective in the manner described so long as the afore-mentioned CPI data is published by the USDLBLS in substantially the same form and is based generally on the same type data being used on [January 1, 2014], and, in the event of any change in form and/or basis of said index, said provisions shall be redefined in writing by Lessor and Lessee to a reasonably comparable standard. 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 rent amount (i.e., the amount being paid immediately prior to the Scheduled Adjustment Date of the new Lease Year) when due until the new rental rate is finally determined by Lessor. i. Any rent adjustment due as a result of any such late computation shall apply and be paid by Lessee retroactively as of the first day of the Lease Year for which any such late computation shall be applicable. 11. 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 of the Lease Year during which the new rent amount shall have been in effect, together 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. C. Surety/Deposit City of Fresno Airports Department Attn: Airports Accounting 4995 E. Clinton Way Fresno, CA 93727 1. Due Date. Type and Amount of Surety: Prior to the commencement of rental payments hereunder, Lessee shall provide Lessor, and shall thereafter maintain during the term of this Lease, a valid Surety instrument or surety amount, in an amount equal to the next three (3) months' rent, guaranteeing Lessee's fully and faithfully undertaking, observing, keeping and performing any and all of the terms, covenants, conditions, warranties, agreements, 3 Pacific Coas t Aero Ma rine Lease Agreem ent undertakings, and/or prov1s1ons hereof to be observed, kept, performed, and/or undertaken by Lessee. 2. Form of Surety: The surety instrument shall be in one of the following forms: i. A Surety Bond issued by an insurance company lawfully admitted and doing business in good standing in the State of California and authorized to write such bonds in said State; or ii. An Irrevocable Letter of Credit established in favor of Lessor for the account of Lessee by a federally chartered bank located in the State of California and lawfully doing business in said State; or iii. An Automatically Renewable Certificate of Deposit in the name of Lessor issued by a federally chartered Bank or Savings and Loan Association located in the State of California and lawfully doing business in said State (Interest may accrue to Lessee [Depositor]; or iv. A Cash Deposit (Lessor shall not be obligated or required to pay and shall not pay any interest whatsoever). 3. Return/Surrender/Release of Surety by Lessor: Except as provided within this Article, at the end of the term he reof, such surety as shall have been provided by Lessee and which is then currently being held by Lessor shall be returned/ surrendered/released by Lessor, provided that there are no outstanding claims against Lessee . 4. Liquidated Damages: If this Lease is terminated early by Lessor pursuant to the default provisions, hereof, as a result of Lessee's failure to keep, observe, or perform any of the terms, covenants, conditions, warranties, agreements, or provisions hereof to be kept, observed , or performed by Lessee, the entire amount of such surety instrument may be claimed, retained and used by Lessor as liquidated damages. SECTION 5. USE A. Use Terms and Conditions Subject to the other te rms and conditions set forth in this Lease, the Leased Premis es shall be used by Les see for operating an aircraft mechanical service center and aircraft brokerage sales company as the primary use, as well as other related aeron autical uses, except fuel storage, handling and dispensing. Lessee shall use the Leased Premises only for those uses specifically set forth in the immediately preceding sentence . Lessee agrees to comply with applicable grant assurances given by the Lessor to the Federal Aviation Administration ("FAA"). Any 4 Pacific Co ast Aero Mari ne Lease Agreem ent Non-Aviation use except for that which is expressly permitted by the Director is unauthorized . Lessor covenants and agrees during the Term hereof to operate and maintain Airport and its public airport facilities as a public airport consistent with the Sponsor's Assurances given by Lessor to the United States Government under the Federal Aviation Act, the terms of which are contained in Exhibit B. Lessee shall use the Leased Premises in support of and in connection with the business of operating a Specialized Aviation Service Operator (SASO) and shall comply with the Minimum Standards for Fresno Chandler Executive Airport as set forth in Exhibit E and approved by the City of Fresno City Council including any future changes/alterations approved by the City Council. SECTION 6. CAPITAL IMPROVEMENTS Lessee does not propose to construct any new permanent improvements to the Leased Premises . SECTION 7. MAINTENANCE, REPAIRS A . Lessor's Maintenance and Repair Obligations 1. Lessor hereby agrees to maintain in good repair and in a clean and orderly condition the building's roof, hangar doors, any common areas including taxiways, public aprons, runways, and public access areas , and other public areas of the Airport essential to Lessee's operations that conform with Lessor's and applicable FAA construction specifications. Lessee shall notify the Lessor immediately in writing of any disrepair or necessary maintenance required to be completed by th e Le ssor. Lessor shall be given a reasonable time period in which to compl ete such re pairs. B. Lessee's Maintenance and Repair Obligations 1. Lesse e shall, at all times during th e life of this Lease , at Lessee's own cost and expense, keep and maintain the Lea sed Premises and all buildings, structures, and paved surfaces , including but not limited to : the building, hangar, plumbing , electrical , lighting, heating/cooling systems , pedestrian doors, th e leased ramp area, security fence s, any sec urity gates installed by Lessee during the life of this Lease , and any and all other improvements constructed, installed, and/or located in and/or on said premises in good order and repair, free of weeds and rubbish , and in a clean , sanitary, 5 Pacific Coa st A ero Marine Lease Agreement sightly and neat condition (Lessor shall have no obligation to provide any services whatsoever in this regard). 2. In the event Lessor deems any repairs required to be made by Lessee necessary and serves Lessee with written notice thereof, if, for any reason whatsoever, Lessee fails to commence such repairs and complete same with reasonable dispatch , Lessor may then make such repairs or cause such repairs to be made and SHALL NOT be responsible to Lessee for any loss or damage that may occur to Lessee's stock or business by reason thereof. If Lessor makes such repairs or causes such repairs to be made , Lessee agrees that the cost thereof shall be payable , AS ADDITIONAL RENT, along with the next monthly rental installment due hereunder after the completion of such repairs and the submission by Lessor to Lessee of a statement of such cost, or if no further rental installments are then payable, within thirty (30) days following submission by Lessor of any such statement. 3. Lessee acknowledges : (1) it has not relied on the representations of Lessor or any of Lessor's employees, agents or representatives ; (2) it has inspected the Leased Premises; and (3) it agrees to accept the Leased Premises "AS-IS ", "WHERE-IS " AND "WITH ALL FAULTS" and in the condition in which such premises exist, including all known and unknown faults and/or deficiencies , recorded and/or unrecorded easements , on the Effective Date of this Lease. Lessee further agrees that the Leased Premises are suitable for Lessee 's intended uses of th e Leased Premises , subject to Lessor's obligations under this Lease. C. Exclusive Use Premises With respect to the Leased Premises, Lessee shall , at its own cost and expense: 1. have the right , and to the extent hereinafter provided , the obligation (in accordance with applicable laws and ordinances and other applicable provisions of this Lease) to make repairs to or replacements of the New Improvements or other facilities constructed or installed on the Leased Premises; and 2. have the right to erect or install on the Leased Premises equipm e nt or personal property necessary for the performance of any of Lessee 's operations , rights, and privileges provided for by this Lease; and 3. have the right to construct and install on the Leased Premises any buildings, structures or improvements ne cessary for continuing operations and any additions to or ex tensions , modifications or improvements of the New Improvements and all other facilities (in accordance with applicable laws , regulations and ordinances and 6 Pacific Coast Aero Marin e Lease Agreement other applicable provisions of this Lease), subject to the approval of the Director of Aviation; and 4. keep all fixtures, equipment and personal property, which are open to or visible to the general public, in a clean and orderly condition and appearance at all times (Lessee shall remove any of these items from public view if the Director of Aviation determines them to be unsightly); and 5. provide and maintain (except for mobile firefighting equipment) all fire protection and safety equipment of every kind and nature required by any code, law, rule, order, ordinance, resolution or regulation ; and 6. provide, all personnel or contractors (approved by the Director of Aviation) and its own equipment to meet current or future required airport security plans for the Leased Premises ; and 7. control the conduct and demeanor of its employees and shall require its employees to wear uniforms where appropriate and display Airport security badges ; and 8. control all vehicular traffic in and among the areas where aircraft may be located, including the aircraft parking ramp, aircraft circulating and ramp vehicle services areas (exclusive of public roadways); take all precautions reasonably necessary to promote the safety of its passengers, employees , customers, business visitors and other persons ; and employ such means as may be necessary to direct the movement of vehicular traffic in such areas, including , but not limited to, any associated pavement markings that may be necessary . D. Safety of Operations and Repairs If the performance of any of the foregoing maintenance , repair, replacement or painting obligations of Lessee requires work to be performed where safety of aircraft operations are involved or other hazards to persons and/or property are exposed, Lessee agrees that it will, at its own expense , post guards or erect barriers or other safeguards in conformance with FAA safety specifications and approved by the Director of Aviation at such locations so as to provide for the safety of work performed. Lessee shall not perform any of the foregoing maintenance, repair, replacement , or painting obligations off of the Leased Premises. E. Failure to Repair by Lessee Should any property on the Leased Premises require repairs , replacements, rebuilding or painting, and Lessee fails to commence same after a period of ten (1 0) days following written notice from the Director of Aviation, or Lessee fails diligently to continue to completion of the repair, 7 Pacific Coast Aero Marine Lease Agre ement replacement, rebuilding or painting of all the property required to be repaired, replaced , rebuilt or painted by Lessee under the terms of this Lease, Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, rebuild or paint all or any of the property included in the said notice, the actual cost thereof to be paid by Lessee on demand . Lessee shall not be responsible for damage to or repair of any property on the Leased Premises caused by Lessor's failure to properly perform any of the maintenance, which it is required to perform under this Lease. F. Access In the interest of public safety or where the location or nature of the work performed warrant it, Lessor shall have the continuing right to temporarily deny Lessee's access to or egress from the Leased Premises or common areas, taxiways, runways, ramps, public aprons, public access areas and other public areas of the Airport in performing the work described herein . Lessor shall, however, provide alternate means of access or egress necessary for Lessee's operations reasonably satisfactory to the Parties. SECTION 8. INSPECTION AND AUDIT BY LESSOR A. Entry by Lessor for Inspection Lessor may enter upon the Leased Premises at any reasonable time during normal business hours for any purpose connected with the performance of Lessor's or Lessee's obligations hereunder, including observing the performance by Lessee of obligations under this Lease; provided however, Lessor may enter upon the Leased Prem ises at any reasonable time to determine the condition of th e Leased Premises from a standpoint of safety . B. Records Upon reasonable writt en notice given by Lessor, Lessee shall furnish to Lessor true and accurate records relating to this Lease, including but not limited to, financial statements prepared in a ccordance with generally accepted accounting practices, reports, resolutions , certifications and other information as may be requested by the Lessor from time to time during the term of this Lease. Additionally , Lessor shall have the right , upon reasonable written notice given to Lessee , to cause an audit to be made, at Lessor's expense, of the books and records of Lessee that relate to Lessee's operations described in this Lease. Lessee agrees to keep all books and records relating to this Lease for a period of five (5) years after the end of the calendar year that such books and records pertain . The 8 Pacific Coast Aero Ma rin e Lease Agreeme nt terms of this paragraph shall survive the termination or expiration of this Lease. SECTION 9. INSURANCE AND INDEMNIFICATION A. Indemnification 1. Lessee shall hold Lessor completely harmless and indemnify, protect and defend Lessor and Lessor's officials, officers, members, employees , agents and volunteers against any and all claims, judgments, fines, damages, demands, liabilities, suits, notices, costs and expenses (including all reasonable costs and expenses for investigation and defense thereof [including, but not limited to attorney fees , court costs and consultants' fees]), or any one, more or all of these, of any nature whatsoever, arising or allegedly arising, directly or indirectly, out of, as a result of, or incident to, or in any way connected with: (1) Lessee's occupancy(ies) and/or use(s) of any part or all of the Leased Premises; (2) Lessee's exercise of any one, more or all of the rights and privileges herein granted ; (3) any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease ; and/or (4) any act(s) or omission(s) on the part of Lessee and/or any officer(s), agent(s), employee(s), contractor(s), sub- contractor(s), servant(s), representative(s), tenant(s), or sub- lessees of Lessee during the life hereof, EXCEPT for those claims, judgments, fines, damages, demands, liabiliti es , suits , notices, costs and expenses, or any of these, caused SOLELY by the active negligence or willful misconduct of Lessor. 2. Lessor shall give to Lessee reasonable notice of any such claims or actions. 3. THE PROVISIONS OF THIS SECTION OF THIS ARTICLE SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS LEASE. B. Exemption of Lessor Lessee hereby specifically warrants , cove nants 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 oth er prop e rty of Lessee, Lessee's employees, patrons, invitees, or any other pe rs on whom soeve r, in or about the lea se d pre mise s, NOR sh a ll Le ss or be liable for injury to th e pe rson of Lessee, Lessee's servants, agents, employees, c ontractors , s ub-c ontra ctors , te nants, s ub-l essees, customers, or invitees, whether or not said damage or injury is cau se d by or results from fire , steam, electricity, gas, water or rain, or from the leakag e , bre akage, obstruction or other defects of pipes , sprinklers, wires, appliance s, plumbing, air conditioning or lighting fixtures , or from any other 9 Pacifi c Coast A ero Ma rine Lease A g reem ent cause, whether or not the said damage or injury results f rom conditions arising in or on any part or all of the leased premises or in or on any of the improvement(s) and facilities appurtenant thereto located therein or thereon , or from other sources or places , and rega rdless 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 active 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. C. Insurance 1. Insurance Requirements: Throughout the life of this Lease , Lessee shall, at Lessee's expense , obtain and at all times maintain in full force and effect such MINIMUM insurance as is set forth within paragraphs "a" and "b" of this sub -section 1, below, acceptable to Lessor's Risk Manager or his/her des ignee . The insurance limits available to the City of Fresno , 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 . a. AIRCRAFT LIABILITY: (1) Lessee shall carry Aircraft Liability Insurance (including passengers) if Lessee is to be operating , maintaining or storing any owned aircraft at Airport . (2) Lessee shall carry non-owned Aircraft Liability Insurance if Lessee engages in the use and/or operation of any non-owned aircraft. (3) The following limits shall apply to ALL ai rcraft liability insurance : Bodily Injury Liability, EXCLUDING Passengers : $1,000,000.00 per occurrence; AND Passenger Bodily Injury Liability : A MINIMUM for each occurrence of at least an amount equal to $100 ,000 .00 per passenger seat for the largest aircraft operated by Lessee ; AND Property Damage liability: $1,000,000.00 per occurrence; OR Combined Bodily Injury and Property Damage Liability: A MINIMUM for each occurrence of at least an amount equal to the SUM of the minimum limits set forth above. 10 Pacifi c Coast A ero Marin e Le ase Agree ment b. GENERAL LIABILITY: AIRPORT OR "PREMISES" LIABILITY: $1,000,000.00 per occurrence. PRODUCTS OR "COMPLETED PRODUCTS/OPERATIONS" LIABILITY: $1,000,000.00 per occurrence. GROUND HANGARKEEPER'S LIABILITY: $1,000,000.00 per occurrence either INSIDE or OUTSIDE of hangar(s). c. ENDORSEMENTS: The insurance policy(ies) obtained and maintained in force by Lessee pursuant to the provisions of paragraphs 1 a and 1 b of this Article, above, shall contain the following endorsements: (1) Additional Insured: An additional insured endorsement in favor of City of Fresno, its officers, employees, officials, agents and volunteers. (2) Cancellation Notice: A 30-day written notice of cancellation and/or material change endorsement in favor of City of Fresno. (3) Primary and Non-contributory: Insurance afforded the Lessee shall be primary, and no contribution shall be sought from Lessor. d. FIRE AND EXTENDED COVERAGE INSURANCE: In addition to the insurance specified within paragraphs 1 a and 1 b of this Article, above, Lessee shall also obtain and maintain in full force and effect a policy of FIRE AND EXTENDED COVERAGE INSURANCE protecting the Leased Premises in a sum sufficient to cover the TOTAL REPLACEMENT VALUE of ALL of the improvements located in or on same on the date the term hereof commences and any and all other improvements which may, at any time and from time to time during the life hereof, be constructed and/or installed therein or thereon by Lessee, and the "Replacement Value" of such coverage shall be maintained current throughout the life of this Lease. e. WORKER'S COMPENSATION INSURANCE COVERAGES AS REQUIRED BY THE CALIFORNIA LABOR CODE, WITH COMPLETE WAIVER OF SUBROGATION IN FAVOR OF LESSOR. 11 Pa cific Coa st A ero Ma ri ne Lease Agreem ent D. Additional Insured and Notice of Cancellation or Material Change Endorsements Any and all insurance policies required to be maintained by Lessee pursuant to the provisions of this Section "C" of this Article of this Lease, shall name the City of Fresno, California and its officers, officials, employees agents and volunteers as ADDITIONAL INSURED and shall contain an unqualified thirty (30) day NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT in favor of the City of Fresno. Should any material change in liability limits occur, City must be notified immediately. E. Primary Coverage SUCH INSURANCE AS SHALL BE MAINTAINED BY LESSEE PURSUANT TO THE INSURANCE PROVISIONS OF THIS LEASE SHALL BE ENDORSED AS BEING PRIMARY COVERAGE WHETHER OR NOT LESSOR, ITS OFFICERS. OFFICIALS, EMPLOYEES . AGENTS, OR VOLUNTEERS SHALL HAVE OTHER INSURANCE AGAINST ANY LOSS COVERED BY SUCH POLICIES and. PRIOR TO THE EXPIRATION OF ANY AND ALL SUCH POLICIES, LESSEE SHALL ENSURE THAT LESSEE'S INSURER(S) PROVIDE LESSOR WITH EVIDENCE OF RENEWALS/CONTINUATIONS THEREOF . F. Evidence of Insurance It is the responsibility of Lessee to ensure that Lessee's insurer(s) provide and maintain current with Lessor valid "Certificates of Insurance" and additional insured endorsements which shall list the following as additional insured: the City of Fresno , its airports, agents, officers , officials, emp loyees and volunteers (or such other documentation as Lessor, at its option, at any time and from time to time during the life of this Lease , may reasonably require, including copies of policies), which shall clearly evidence the fact that insurance coverage(s) and limi t(s) equal to or, at Lessee's option, more extensive/greater than those hereinabove set forth are, without lapse(s) in coverage(s), maintained in full force and effect by Lessee throughout the life of this Lease. Such evidence of insurance shal l be provided Lessor at the following address: City of Fresno Airports Department 4995 E. Clinton Way Fresno, CA 93727 or to such other address as Lessor may, from time to time, provide Lessee in writing during the life hereof. 12 Pacific Coast Aero Marine Lease Ag reement G. Additional Insurance With reference to the above-stated minimum insurance requirements, it is mutually understood, acknowledged and expressly agreed that Lessor shall have the right, at any time and from time to time during the life of this Lease , to reasonably require Lessee to purchase and maintain other and/or additional reasonable types/amounts of insurance should Le sso r reasonably determine that, with the passing of time and/or changing facts and/or circumstances, the minimum types and amounts of coverages initially required of Lessee under this Section of this Article of this Lease sha ll be inadequate to cover the potential liability resulting from EITHER Lessee's uses and/or occupancies of the airport and/or the leased premises OR Les see's activities/operations in, on, to or from same. SECTION 10. TAXES A. Taxes and Assessments In addition to the rentals, fees, and cha rges herein set forth, Lessee shall pay, as and when due (but not later than fifteen [15] days prior to the delinquency date thereof) any and all taxes and general and spec ial assessments of any and all types or descriptions whatsoever which, at any time and from time to time during the term of this Leas e, may be levied upon or assessed against Lessee, the leased Premises and/or any one or more of the improvem ents 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 hereunder. NOTE: Any interest in real property which exists as a result of possession, exclus iv e 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, stipu lates, 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 emp loyee, agent, or representative of Lessor, determ in ed, to Lessee's full and complete satisfaction , how much Lessee will be taxed, if at all . SECTION 11. SUBLETTING AND ASSIGNMENT A. Right to Sublease 13 Pacific Coast Aero Marine Lease Agreement Provided that such sublease does not violate any of the material terms or provisions of this Lease, including authorized use, Lessee shall have the right to sublet any part of the Leased Premises, during the term of this Lease. Any such subletting shall not be considered a release of Le ssee from any of its obligations under this Lease. B. Written Consent If Lessee should desire to sublet the Leased Premises as a whole, Lessee may do so only after securing the written consent of Lessor. A subletting of the whole Leased Premises, if permitted, shall not release Lessee from its obligations hereunder. C. Sublease Subject to Terms of this Lease Should Lessee sublease a portion of the Leased Premises or specific permanent improvements constructed on the Leased Premises , the terms of any sublease agreement of the Leased Premises shall be expressly subject to the terms of this Lease and Lessee shall provide Lessor with a copy of any sublease agreement entered into with any sublessee with in fifteen (15) days after the sublease agreement has been entered into, along with any sublessee's name, address and telephone number. D. Right to Assignment Lessee shall not assign this Lease , in whole or in part , without the prior written consent of Lessor. An assignment shall not be considered a release of Lessee of any of Lessee's obligations under the terms of the Lease. Lessor reserves the right to require a new agreement with the Assignee which may consist of new terms, rates, and conditions for the leasehol d as a required condition of the assignment. E. Payment Regarding Sublease or Assignment In the event of a sublease or assignment , sublessor or assignor shall pay Lessor the greater of: (i) fifty percent (50%) of the excess sublease or assignment revenue attributable to ground rent over and above what the Lessee pays the Lessor for the sublease or assigned pre mises or (ii) fifty percent (50%) of the difference between the ground Lease rent (as distinguished from any rent that may be paid for the New Improvements) being paid at the time of the sublease or assignment and the appraised market ground lease rent for comparable properties at the Airport. Notwithstanding the foregoing, Lessee shall not be required to share excess sublease rentals with Lessor as long as Lessee continues to occupy space within the New Improvements. Lessor acknowledges that the amounts , if any, payable to Lessor pursuant to this Section 11 shall be 14 Pacific Coast Aero Marine Lease Agreement net of any and all costs and expenses incurred by Lessee in connection with any assignment or sublease. SECTION 12. UTILITIES A. Costs and Expenses 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 Leased Premises. All such charges shall be paid before delinquency, and Lessor and the Leased Premises shall be protected and held harmless by Lessee therefrom. Should Lessee make arrangements for any Utilities through the City's Finance Department's Utilities Billing and Collection Section (e.g . water, sewage, and/or solid waste [trash] disposal), Lessee agrees to pay to Lessor, monthly, upon receipt of the billing(s) therefor at the then current rates as established from time to time by ordinances of Lessor for such services , such sum(s) as shall be due for any and all such services provided to the Leased Premises during the term hereof. 2. Upon Lessee's obtaining of any and all required permits and the payment of any required charges or fees , Lessee is 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 Leased Premises . 3. The construction/installation of any and all connections to any and all utility systems, includin g, without limitation, water service lines and associated fixtures, piping , plumbing and hardware, sewer connector lin es, 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 int erruption or curtailment constitute a construct ive evict ion or grounds for rental abatement in whole or in part here und er. SECTION 13. LIENS Lessee shall cause to be removed any and all liens of any nature arising out of or becau se of any co nstruction , renovation, or remodeling performed by it or any of its contractors or subcontractors on the Leased Premises, or arising out of or because of the performance of any work or labor by it or them, or th e furnishing of any material to it or th e m for use in making improvements on the Leased Premises. Lessee may, however, contest the validity or amount of such liens . The foregoing provision is not intended to prevent any reasonable method of construction financing by Lessee . 15 Pacific Coast Aero Marine Lease Agreement SECTION 14. TERMINATION BY LESSOR/EVENTS OF DEFAULT Lessor reserves the right to terminate this Lease before the end of the Term or during any option period if any of the following circumstances should occur: A. Failure to Pay Lessee shall fail to make any payment due Lessor under this Lease on the date that same is due, as described in Section 4.8., and shall not cure such failure within thirty (30) days after written notice thereof to Lessee. After such a period of default, the Director of Aviation may deliver or cause to be delivered to Lessee a written notice of termination of this Lease. Lessee's receipt of such written notice shall be sufficient to terminate this Lease. Receipt shall be defined as the third (3rd) business day following deposit in regular U.S . Mail of a certified, postage pre-paid envelope containing notice of termination to be delivered to Lessee's address as indicated in Section 43 herein. B. Material Terms Other than as set forth in Section 14.A above, if Lessee shall fail to meet and observe any material term, condition or covenant of this Lease and shall fail to cure the same within thirty (30) days after receipt of written notice thereof by the Director of Aviation to Lessee, or, if such failure cannot reasonably be cured within the said thirty (30) days , Lessee shall not have commenced to cure such failure within said thirty (30) period or shall not have commenced to cure such failure within such thirty (30) day period with reasonable diligence and good faith . C. Insolvency Lessee shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors, or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee. D. Bankruptcy Lessee shall file a voluntary petition under any section or chapter of the National Bankruptcy Act, as ame nd ed, or any similar law or statute of the United States or any State thereof, or an involuntary petition in bankruptcy is filed against Lessee and is not dismissed within sixty (60) days after such filing . E. Abandon, Desert, or Vacate Leased Premises 16 Paci fi c Coas t Aero Marin e Lease Agree me nt Lessee shall abandon, desert, or vacate the Leased Premises, except as a result of a Force Majeure event as set forth in Section 33 of this Lease, provided, however, that Lessee's failure to occupy the Leased Premises due to a condition described in Section 19.A or Section 19 .C under this Lease shall not constitute an ·event of default hereunder and shall not permit Lessor to terminate th is Lease. F. Non -Wavier Lessor's failure to exercise its right to terminate this Lease upon determination of a default shall not waive Lessor's right to terminate this Lease at any subsequent time during the remaining term of this Lease unless such default has been cured in all material respects . SECTION 15. REMEDIES FOR EVENTS OF DEFAULT 1. Abandonment: If Lessee abandons the Leased Premises , this lease shall continue in effect. Lessor shall not be deemed to terminate this Lease as a result of such material default and breach other than by written notice of termination served upon Lessee by Lessor, and Lessor shall have all of the remedies available to Lessor under Section 1951.4 of the Civil Code of th e State of California so long as Lessor does not terminate Lessee's right to possession of the Leased Premises, and Lessor may enforce all of Lessor's rights and remedies under th is Lease , incl uding the right to recover the rent as it becomes due under this Lease. After abandonment of the Leased Premises by Less ee, Lesso r may, at any time thereafter, give notice of termination . 2. Termination: Following the occurrence of any material default and breach of this Lease by Less ee as set forth within this Section, above , Lessor may then imm ed iately, or at any time thereafter, te rminate this Lease by service of a minimum of ten (1 0) days advance written notice to such effect upon Lessee and this lease shall terminate at 11:59:59 p.m., on the termin at ion date specified within such notice . 3. Such notice sha ll set forth th e following: a. Th e default and breach which resulted in suc h termination by Lesso r; and i. Demand For Possession, which, in the event only ten Pacific Coast Aero Marin e Lease A g reem e nt (1 0) days advance noti ce shall be given by Lesso r, shall be effective at 12:00 :01 A.M ., on the eleventh (11th) calendar day following th e date on which the notice in which such demand is contained shall be sufficiently served upon Lessee by Lessor in conformity 1 7 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 Lesso r may have by reason of Lessee's default and breach and/or by reason of such termination , Lessor may: a. Peaceably re -enter the Leased Premises upon voluntary surrender thereof by Lessee or remove Lessee and/or any other persons and/or entities occupying the Leased Premises therefrom, using such legal proceedings as may be available to Lessor under the laws or jud icial decisions of the State of California; b. Repossess the Leased Prem ises or re-let the Leased Premises or any part thereof for such term (which may be for a term extending beyond the term of this Lease) at such rental and upon such other terms and conditions as Lessor in Lessor's sole discretion shall determine , with the right to make reasonable alterations and repairs to the Leased Premises; and c. Remove all personal property therefrom and store all personal property not belonging to Lessor in a public warehouse or elsewhere at the cost of and for the account of Lessee . 5. Recovery: Following termination of thi s Lease by Lessor pursuant to the provisions above, Lessor shall have all the rights and remedies available to Lessor under Section 1951 .2 of the Civil Code of the State of California. The amount of damages Lessor may recover following such termination of this lease shall include: a. The worth at the time of award of the unpaid rent which had been earned at the time of termination of this Lease; b. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of th is Lease until the time of award exceeds the amount of such rental lo ss 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 fo r th e same period Lessee proves could be reasonably avoided; and 18 Pacific Coast Aero Marine Lease Agreement d. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom . 6. Additional Remedies: Following the occurrence of any material default and breach of this Lease by Lessee as set forth within this Article, above, in addition to the foregoing remedies, Lessor may maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Leased Premises and , so long as this Lease is not terminated by Lessor or by a decree of a court of competent jurisdiction, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including t he right to recover the rent as it becomes due thereunder and , d uring any such period , Lessor shall have the right to remedy any default of Lessee, to maintain or improve the Leased Premises without terminating this Lease, to incur expenses on behalf of Lessee in seeking a new Lessee, to cause a receiver to be appointed to administer the Leased Premises, and to add to the rent payable hereunder all of Lessor's reasonable costs in so doing, with interest at the maximum reasonable rate then permitted by law from the date of such expenditure until the same is repaid. 7. Other: In the event Lessee causes or threatens to cause a breach of any of the covenants, terms or conditions contained in this Lease, Lessor shall be entitled to obtain all sums held by Lessee , by any trustee or in any account provided for herein , to enjoin such breach or threatened breach and to invoke any remedy allowed at law, in equity , by statute or otherwise as though re-entry , summary proceedings and other remedies were not provided for in this Lease. 8 . Cumulative Remedies : Each right and remedy of Lessor provided for in this Article or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and shall not preclude Lessor from exercising any other rights or from pursuing any other remedies provided for in this Lease now or hereafter available to Lessor unde r the laws or judicial decision s of the State of California. 9. Indemnification : Nothing contained within this Article affects the right of Lessor to indemnification by Lessee, as elsewhere within this Lease provided , for liability arising from personal injuries or property damage prior to the termination of this Lease. Pacific Coast Aero Marine Lease Agreement 19 SECTION 16 . SURVIVAL OF THE OBLIGATION OF LESSEE A. In the event that this Lease is terminated in accordance with the provisions of this Lease, and in the event that Les so r has re-entered , regained or resumed possession of the Leased Premises, all rent obligations of Lessee under this Lease shall survive such termination or cancellation, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full term of this Lease , and the amount or amounts of rent or charges shall become due and payable to Lessor to the same extent, at the same time or times and in the same manner as if no termination, cancellation, re-entry, regaining or resumption of possession had taken place. B. In the event that this Lease is terminated in accordance with the provisions of this Lease, and in the event that Lessor has re-entere d , regained or resumed possession of the Leased Premises, all of Lessee's environmental obligations under this Lease shall survive such termination or cancellation, re-entry, regaining or resumption of possession and shall remain in full force and effect for the full term of this Lease. C. Lessor, upon termination or cancellation, or upon re-entry, regammg or resumption of possession pursuant to this Lease, may occupy the Leased Premises or may relet the Leased Premises , and shall have the right to permit any person, firm or corporat ion to enter upon the Leased Premises and use the same. Such reletting may be of the entire Leased Premises or a part thereof, or of the Leased Premises or a part thereof together with other space, and for a period of time the same as or different from the balance of the term remaining under this Lease , and on terms and conditions the same or different from those set forth in this Lease. Lessor shall, upon termination or cancellation, or upon re-entry , regaining or resumption of possession pursuant to this Lease, have the right to repair or to make structural or other changes to the Leased Premises, including changes which alter . the character of the Leased Premises and the suitability thereof for the purposes of Lessee under this Lease, without unreasonably affecting or altering or diminishing the value of the Leased Premises or the obligations of Lessee hereunder. Any reletting shall not be construed to be an acceptance of surrender. Lessor shall attempt to relet the Leased Premises as soon as reasonably possible. D. In the event of any reletting or any actual use and occupancy by Lessor (t he mere right to use and occupy not being sufficient , however) there shall be credited to the account of Lessee against its survived payment obligations under this Lease any amount actually received by or accruing to Lessor from any lessee , licensee , perm ittee or other occupier in connection with the use of the Leased Premises or portion thereof during 20 Pacific Coast Aero Marine Leas e Agreement the balance of the Lease as the same is originally stated i n th is Lease , or from the market value of the occupancy of such portion of the Leased Premises as Lessor may receive or accrue for its benefit during such period of actual use and occupancy; provided however, notwithstanding the value of any amounts received by Lessor, Lessor shall never owe Lessee for any actions in this Section 16.0. SECTION 17. ADDITIONAL RENT AND CHARGES If Lessor has paid any sum or sums , or has incurred any obligations or expense , which Lessee has agreed to pay or reimburse Lessor for, or Lessor is required to pay any sum or sums or incurs any obligations or expense by reason of the failure , neglect or refusal of Lessee to perform or fulfill any one or more of the conditions or due to regulatory fines assessed to Lessor which are the result of actions or inactions of Lessee or of Lessee's failure to comply with Federal , State or Local regulations , covenants or agreements contained in this Lease or as a result of any act or om ission of Lessee contrary to the conditions , covenants and agreements of this Lease , Lessee agrees to pay the sum or sums so paid or the expense so incurred , including all interest , costs , damages and penalties, and the same may be added to any installment of rent thereafter due under this Lease . Each and every part of the add itional sums incurred under this provision shall constitute additional rent, recoverable by Lessor in the same manner and with the same remedies as if it were originally a part of the basic rental. SECTION 18. QUIET ENJOYMENT A. Lessor covenants that as of the Effective Date of this Lease , it has good , right and lawful authority to execute this Lease, that Lessor has good and indefeasible title to all lands , improvements and related facil ities , including all premises leased hereunder free and clea r of all liens , claims and encumbrances , and that throughout the term hereof, Lessee shall have , hold and enjoy peaceful and uninterrupted possession of the premises leased hereunder, subject always to the payment of the rent and other charges and the performance of the covenants , as herein provided to be paid and performed by Lessee. These covenants extend to and shall be enforceable by Lessee and, in the event of Lessee's default, its sublessees and permitted assigns. B. Notwithstanding any provision of this Lease, Les so r expressly re serves its proprietary rights, whatever they may be and upon reasonable advance notice to Lessee , to impose reasonable regulations whi c h might have the effect of limiting Le s see's operations during the t erm of th is Le ase , provided such regulations are imposed for the purpose of promoti ng the safety and welfare of the citizens of the City of Fresno . It is understood that Lessor 's position is that Lessor is not liable to Lessee for any damages resulting from compliance with th e regulations by Lessee. However, it is understood that Lessee reserves the right, whatever it may be, to contest any such regulations and protect its interests . 21 Pacific Coast Aero Mari ne Lease Agreement C. Lessee understands and acknowledges that Lessor is attempting to control or reduce the level of noise in neighborhoods near the Airport. Therefore, Lessee agrees that it shall: (i) undertake good faith efforts to control and reduce as much as is practicable the noise emanating from operations of the Leased Premis es or in conjunction with the activities conducted thereon ; (ii) conduct all of its operations and activities in a manner having due regard for noise leve ls in neighborhoods in close proximity to the Airport; and (iii) shall at all times act in good faith to cooperate with and support Lessor in its efforts to reduce noise from the Airport's operations. SECTION 19. TERMINATION BY LESSEE Before the e nd of the Term , Lessee may terminate this Lea se and any or all of its obligations hereunder at any time that Lessee is not in default in the payment of any amounts due to Lessor by giving Lessor sixty (60) days' written notice upon or after the happening of any one of the fo llowing events or Lessee may elect to abate rental and extend the Term as provided in this Section 19: A. Use of Airport for National Defense The assumption by the United States Governm ent, or any agency or instrumentality thereof, of the operations, control or use of the Airport for National Defense in such a manner as to preclude Lessee, for a period of ninety (90) days or more, from using such Airport in the conduct of its business. Lessor shall not be liable to Lessee if the latter is so dispossessed , but for any time that such takes place , the rental required of Lessee shall be abated, and that period of time shall be added as an extension of the Term. The foregoing provision is not intended to waive any rights or privileges which either Lessor or Lessee may possess as to compensation of any kind from the United States Government, or any agency or instrumenta lity thereof for such an assumption of use or control of the Airport as is described in this Section 19. B. Material Default A material default on the part of Less or to meet and observe any of th e covenants herein conta in ed, if such default has continued for a period of one hundred and twenty (120) days or more after written notice to Lessor by Lessee, unless Lessor has begun , and is continuing , in good faith , to remedy the default in such interval. C. Public Health and Safety Where a public health or safety demand causes Lessor to restrict Lessee's full and unrestricted access and egress to and from the Leased Premises or other public airport facilities in such a manner that the Leased Premises are not fit for their intended purpose for a period of ninety (90) days or more, the rent required of Lessee shall be abated during any such 22 P acific Coast Aero Marine Lease Agreement restricted period and that period of time shall be added as an extension of the term of this Lease. SECTION 20. NO WAIVER OF RIGHT TO DECLARE FORFEITURE Any failure or neglect of Lessor or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder shall not be taken or considered as a waiver of the rights thereafter to declare a forfeiture for like or other or succeeding breach or default. SECTION 21. LESSEE'S RIGHT TO REMOVE PROPERTY A. Right to Remove Property Lessee shall be entitled, during the term of this Lease and upon termination hereof, to remove from the Leased Premises, or any part thereof, all personal property, trade fixtures , tools , machinery, equipment, portable buildings, materials and supplies placed thereon by it; provided that: (i) Lessee shall repair all damage resulting from such removal and (ii) Lessee shall not owe Lessor any rental, fees or additional rental, pursuant to the Lease . Les sor will allow Lessee not more than thirty (30) days after the termination date hereof for such removal unless additional time is mutually agreed upon. B. Failure to Remove Property If Le ssee fails to remove its property within thirty (30) days after the termination of or exp iration of this Lease, Lessor may remove such property to a public warehouse for deposit or retain the same in its own possession at the cost of, and for the account of Lessee , without becoming liable for any loss or damage which may be occasioned thereby. If Lessee fails to take possession and remove suc h property , after paying any appropriate rental or storage fees, within sixty (60) days after termination of the Lease , th e property shall be deemed to be abandoned and Lessor may dispose of same as required by law. In the event Lessor shall remove or cause to be removed any personal property from the Leased Prem ises, pursuant to this Section 21 .8, Lessor shall not be held liab le or responsible for any damage in curred to Lessee's personal property as a result of such removal. C. Public Storage Facility In the event Lessor assum es possession of the Leased Premises prior to lease termination, Lessor may remove all of Lessee's property from the Leased Premises and store the same in a public storage facility or elsewhere at the cost 23 Pacific Coast Aero Ma rine Lease A g reement of, and for the account of, Lessee, without becoming liable for any loss or damage which may be occasioned thereby. SECTION 22. SURRENDER OF PREMISES Lessee covenants and agrees to yield and deliver peaceably to Lessor possession of the Leased Premises, on the date of cessation of the letting , whether such be by termination, expiration or otherwise, promptly and in as good condition as at the commencement of the letting, except for reasonable wear and tear arising from the use of the Leased Premises, to the extent permitted elsewhere in this Lease and except for damage or destruction by fire or casualty not caused by Lessee's negligence . SECTION 23. CONDEMNATION A. Condemnation or Eminent Domain If, during the term of this Lease , as the same may be extended under the terms hereof, or otherwise by agreement of the parties hereto , the entire Leased Premises shall be taken by condemnation or eminent domain proceedings, and such taking relates to the entire fee simple of the Leased Premises, as well as the right, title and interest of Lessee, then this Lease shall terminate effective as of the effective date of such taking, and all rights , titles, inte rests, covenants, agreements and obligations of the parties hereto thereafter accruing shall cease and terminate except as hereinafter set forth . In the event of such taking, the entire compensation and damages (if not apportioned by the condemnation decree) shall be fairly and equitably apportioned between the Parties in accordance with respective damage and loss sustained by the fee simp le estate and the leasehold estate granted hereunder. If, during the term of this Lease , a portion of the Leased Premises , shall be taken and Lessor and Lessee mutually agree that the remaining portion of the Leased Premises can be used for the uses permitted under this Lease, then the Lease will continue and the rental thereafter payab le by Lessee shall be reduced in the same proportion as the area of the part taken by condemnation shall bear to the total area of the Leased Premises, including value of the improvem ents imm ed iately prior to the condemnation; provided, however, that if Lessee, in its discretion , determines that so much of the Leased Premises has been taken as to materially impair the operation of Lessee's business, Lessee shall have the option to terminate this Lease as of the date of such taking by giving writt en notice to Lessor of termination within fifteen (15) days after possession of such part has been taken, whereupon this Lease shall be of no further force or effect, and Lessor and Lessee shall be re lieved of any obligations or li abi liti es under this Lease as of the date of such taking. Any compensation and damages that may be the result of such taking 24 Pacific Coast Aero Marine Lease Agreement shall (if not apportioned by a condemnation decree) be fairly and equitably apportioned between the Parties. SECTION 24. NON-DISCRIMINATION A. Lessee, for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for a purpose for which a Department of Transportation ("DOT") program or activity is extended or for another purpose involving the provisions of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. B. Lessee, for itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby cove nant and agree, as a covenant running with the land that: (i) no person on the grounds of race, color, national origin, or disability shall be excluded from participation in , denied the benefits of or be otherwise subjected to discrimination in the use of said facilities ; (ii) in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national orig in , or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (iii) Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 2 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as sa id Regulations may be amended. C. Lessee ensures that it will comply with pertinent statutes , executive orders and suc h rule s as are promulgated to e nsure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from federal assistance. This provision obligates Lessee or its transferee for the period during which federal assistance is extended to the airport program, except where federa l assistance is to provide , or is in the form of persona l property or real property or interest therein or structures or im provements th ereon. In these cases, the provision ob lig ates Lessee or any transferee for the longer of the following periods: (i) the period during which the property is used by the sponsor or any transferee for a purpose for which federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (ii) the period during which the airport sponsor or any transferee retains ownership or possession of the property. 25 Pacific Coast Aero Marine Lease Agreement D. Lessee agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Parts 23 and 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this Lease. In this regard, Lessee shall take all necessary and reasonable steps in accordance with 49 CFR Parts 23 and 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform such contracts . Lessee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. E. As a condition of this Lease, Lessee covenants that it will take all necessary actions to insure that, in connection with any work under this Lease, Lessee, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or disability unrelated to job performance, either directly, indirectly or through contractual or other arrangements. Lessee shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S .C.A. §§12101-12213 , as amended. In this regard, Lessee shall keep, retain and safeguard all records relating to this Lease or work performed hereunder for a minimum period of three (3) years from final lease completion, with full access allowed to authorized representatives of Lessor, upon request, for purposes of evaluating compliance with this and other provisions of this Lease. F . In the event of Lessee's breach of any of the above nondiscrimination covenants, Lessor, according to the provisions of this Lease, shall have the right to terminate this Leas e and to re-enter and repossess the Leased Premises and the facilities thereon, and hold the same as if the Lease had never been made or issued. SECTION 25. SIGNS A. Approval of Signs All exterior signs on the Lea sed Premises sh a ll comply with th e pertinent ordinances of the City of Fresno, and also shall be approved by the Director of Aviation. Unless otherwise specifically authorized, all exterior s igns on th e Lease d Premi se s shall conform in general appearance to the existing signs displayed at th e Airport. B. Removal of Signs Upon the expiration or termination of this Leas e , Lessee shall remove, obliterate or paint out, as required by the Director of Aviation , any and all signs and advertising on the Leased Premises if pertaining to Lessee, and 26 Pacific Coast Ae ro Ma ri ne Lease A greem ent in this regard, Lessee shall restore the Leased Premises to the same condition as prior to the placement thereon of any signs or advertising, ordinary wear and tear excepted . In the event that Lessee fails to remove, obliterate or paint out each and every sign or advertisement of Lessee the Director of Aviation may, at his or her option , have the necessary work performed at the expense of Lessee , and the charge therefore shall be paid by Lessee to Lessor upon demand. SECTION 26. GOVERNMENTAL REQUIREMENTS -RULES AND REGULATIONS A. Except as otherwise set forth herein , Lessee agrees to obtain, from all governmental authorities having jurisdiction, all licenses, certificates and permits necessary for the conduct of its operations on the Leased Premises and to keep them current. B. In conducting those operations permitted on the Leased Premises as set forth in Section 5, throughout this Lease , and in construction and installation of facilities and improvements, Lessee agrees to comply with all present and future federal, state, and local laws, statutes, orders, rulings, and rules and regulations , and amendments thereto , including , but not limited to, any laws, statutes, orders, and rules and regulations cited in any grant assurances agreed to by the Lessor in accepting any grants pursuant to the Airport Improvement Program created by the Airport and Airway Improvemen t Act of 1982 (Public Law 97-248), as amended or replaced by successor programs . C. Lessor has established, and may, from time to time , establish or modify, rules and regulations pertaining to th e Airport and Lessee covenants to observe all such rules and regulations. Nothing in this Section 26 shall be construed to imply that Lessee is waiving its right to contest or challenge such rules and regulations. SECTION 27. NO REPRESENTATIONS OR WARRANTIES Subject to Lessor's obligations und e r thi s Lease, Lessee acknowledges and agrees by its acceptance hereof that th e Leased Premises is conveyed "as is , where is", in its present condition with all faults and subject to all easements, claims of easements and deed restri ct ion s whether re co rd ed or unrecorded in the public records, and that Lessor has not mad e and does not hereby make and spec ifically disclaims any representations, guarantees, promises, covenants, agreements, or warranties of any kind or character whatso e ver , unl ess otherwise provided for herein , whether express or implied, oral or written , past, present, or future of, as to , concern ing or with respect to th e nature , quality or condition of the Leased Premises, the in come to be derived, the suitability of the Leased Premises for uses allowed under this Lease , or merchantability or fitness for a particular purpose. 27 Pacific Coast Aero Marine Lease Agreement SECTION 28. ENVIRONMENTAL CONCERNS AND MONITORING REQUIREMENTS A. Lessee hereby releases, discharges and holds Lessor harmless from , and agrees to indemnify Lessor against claims, liabilities , suits, damages, expenses and fines arising out of or resulting from any release, discharge , spill, contamination or pollution by or from hazardous wastes or substances on the Leased Premises caused by or arising from the failure of Lessee, its sublessees, contractors, subcontractors, agents, officers invitees or representatives to comply with any applicable Governmental Regulations (as defined herein). Lessee shall have the sole responsibility for the remediation of, and shall bear all costs and liabilities for any release, discharge, spill, contamination or pollution by or from hazardous wastes or substances: (i) caused by Lessee, its sublessees, contractors, subcontractors, agents, officers invitees and representatives, or (ii) occurring on or under the Leased Premises during the term of this Lease. Lessee's obligations and liabilities under this paragraph shall continue only if and so long as Lessee is and remains responsible for any such release , spill, discharge, or contamination of hazardous substances or wastes as described in the immediately preceding sentence . Notwithstanding any provision in this Section 28 or any other provision of this Lease, Lessee shall not be liable for any release, spill discharge, contamination or pollution by or from hazardous wastes or substances (a) occurring or existing prior to the Effective Date of this Lease , unless caused by Lessee; (b) caused by Lessor, its contractors, subcontractors, agents , office rs, invitees, or representatives; or (c) occurring after expiration or earlier termination of the term of this Lease, and not caused by Lessee or a sublessee or a customer of either. In addition, notwithstanding any provision in this Section 28 or any other provision of this Lease, Lessee shall not be liable for any release, spill, discharge, contamination or pollution by or from hazardous wastes or substances resulting from any underground storage tanks, pits or hydrant systems under the Leased Premises that are not otherwise owned or operated by Lessee. B . Lessee acknowledges that its uses of the Leased Premises and th e operations, maintenance and activities conducted thereon may be subject to federal , state and local environm e ntal laws , rules and regulati ons , coll ectively refe rre d to as "Gove rnmental Regulations ", including with limitation, the Comprehensive Environmental Response , Compensation and Liability Act ("CERCLA"), as am e nd ed, th e Res ource Cons ervation and Recovery Act ("RCRA "), as amended, the Clean Wate r Act, as am ended, th e Clean Air Act, as amended, and other regulations promulgated thereunder by any federal, state or local governmental ag e ncies . As a material covenant of this Leas e, Lessee , at its sole expe nse, shall comply with all such present and future Governm ental Regulations applicable to Lessee's construction , operations , maintenance, 28 Pacific Coast A ero Marine Lease Agreem ent use and activities on the Leased Premises. C. Lessee shall, at its sole expense , make all submissions and provide all information to the appropriate governmental authorities of the state, the U .S. Environmental Protection Agency ("USEPA") and any other local, state or federal authority or agency which requires submission of information regarding any spill, discharge or other reportable release of hazardous wastes or substances for which Lessee or its sublessee is responsible on the Leased Premises during the term of this Lease . Lessee shall provide copies of all such submissions and information to the Director of Aviation or his/her designated agent. Lessor shall , at its sole expense, make all such submissions and provide all such information to the appropriate governmental authorities regarding any spill , discharge or other reportable release of hazardous wastes or substances for which lessor is responsible . D. Should a governmental authority having jurisdiction over environmental matters, including the Lessor, determine that a response or plan of action be undertaken due to any spill, discharge , contamination , release or pollution of hazardous substances or wastes for which Lessee is responsible on the Lease Premises during the term of this Lease, whether sudden or gradual, accidental or intentional , Lessee shall, at its sole expense, prepare and submit the requ ired plans and undertake, implement and diligently perform the required action , response or plan to completion in accordance with the applicable rules and direction of such governmental authority or authorities and to their reasonable satisfaction. Lessor shall, at its sole expense, prepare and submit any such required plans and undertake , implement and diligently perform any such required action , response or plan to complet ion in accordance with the applicable rules and direction of governmental authority or authorities due to any spill, discharge , contamination, release or pollution of hazardous substances or wastes for which Lessor is responsible. E. Lessee shall, at its own expense, demonstrate and maintain any required records, reports and financial responsibility in accordance wi t h pertinent laws, rules and regulations regarding hazardous material handling or Underground Storage Tanks (USTs) at any new aircraft fueling facilities . Upon request by Lessor, Lessee shall annually provide Lessor with documentation demonstrating financial responsibility concern in g environmental obligations imposed upon Lessee by this Lease . In the event Lessee's financial responsibility should lapse at any time during the leasehold estate or mode of financial respon sib ility change, Lessee shall immediately notify the Director of Aviation or his/her designated agent. F. Lessee's obligations under this Section shall survive any assignment or subletting of the Leased Premises, provided, Lessor does not specifically 29 P acific Coast Aero Marine Lease Agreement release Lessee from its obligations herein through Lessor's consent to assignment or sublease. Furthermore, Lessee's obligations under this Section shall survive the expiration or earlier termination of this Lease as to any activity or omissions which occurred during the term of the Lease. G. Prior to Lessee's start of construction on the New Improvements, Lessee shall have the right to conduct a Site Assessment or such other testing of the Leased Premises as Lessee deems necessary to determine the existing environmental condition of the Leased Premises (collectively, the "Environmental Reports"). Lessor and Lessee agree that the results of the Environmental Reports shall establish a baseline representing the environmental condition of the Leased Premises existing prior to the Term, which can be compared to future Environmental Reports to determine the changes, if any, in the environmental condition of the Leased Premises during the Term. H . The term "hazardous wastes" is used herein as it is defined in 42 U.S.C. Section 6901 et seq . The term "hazardous substances" is used herein as it is defined in CERCLA. These terms shall also include , for the purposes of the Lease, any substance requiring special treatment , handling, manifesting and records according to a governmental authority. SECTION 29. FORCE MAJEURE Neither Lessor nor Lessee shall be deemed in violation of this Lease if it is prevented from performing any of its obligations hereunder by reasons of Force Majeure . For purposes of this Lease, "Force Majeure" means contingencies , causes or events beyond the reasonable control of Lessor or Lessee, including acts of nature or a public enemy, war, riot, civil commotion, insurrection, state, federal or municipal government or de facto governmental action (unless caused by acts or omissions of Lessee), fires, explosions, floods , strikes, boycotts, embargoes , or shortages of materials , acts of terrorism , acts of God, casualty losses, unavoidable accidents, floods , fire, explosion , inclement weather, impossibility of performance, any event or action that is legally recognized as a defense to a contract action in the State of California , or other circumstances that are beyond the reasonable control of Lessor or Lessee; provided, however, that this Section 29 shall not apply to failure of Lessee to pay the rentals, fees and charges specified under this Lease. In the event of Force Majeure wh e re Lessee is prevented from performing any of its obligations due to the above stated circumstances, Lessee shall notify Lessor in writing within ten (1 0) days following such circumstances. Lessor, through its Director of Aviation, shall notify Lessee within twenty (20) days whether Lessor, in its sole discretion, concurs with the reasons for Lessee's delays. SECTION30. BROKERAGE Lessor and Lessee each represent and warrant that no broker has been engaged on its behalf in the negotiation of this Lease and that there is no such broker who is or may be 30 Pacific Coast Aero Mar in e Le ase Agreement entitled to be paid a commission in connection therewith. Lessor and Lessee each shall indemnify and save harmless the other of and from any claim for commission or brokerage made by any such broker when such claim is based in whole or in part upon any act or omission by Lessor or Lessee. SECTION 31. RELATIONSHIP OF PARTIES This Lease does not constitute or make Lessee the agent or representative of Lessor for any purpose whatsoever. SECTION 32. NO PARTNERSHIP, JOINT VENTURE OR JOINT ENTERPRISE It is agreed that no partnership, joint venture or joint enterprise exists between the Parties or between Lessor and any other person, and Lessor shall not be responsible in any way for any debts of or cash flow deficits incurred by Lessee in construction of or operation of the Leased Premises or for the debts or obligations of Lessee or any other person or for any cleanup costs or damages incurred by Lessee. SECTION 33. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. No officer or employee shall be in litigation with the City or any of its agents at the time this Lease is executed. Lessee shall complete Exhibit F. "Disclosure of Conflict of Interest," and update same if/when any responses thereto change , so that City may determine whether a conflict exists. Any violation of th is section, with knowledge , express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the City Council. SECTION 34. GIFT TO PUBLIC SERVANT A. Lessor may terminate this Lease immediately if Lessee has offered, or agreed to confer any benefit upon an employee or official of the City of Fresno that such employee or official is prohibited by law from accepting. B. For purposes of this section, "benefit" means anything reasonably regarded as economic gain or economic advantage, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law. C. Notwithstanding any other legal remedies, the City of Fresno may require Lessee to remove any employee of Lessee from the Leased Premises who has violated the restrictions of this section or any expenditures made 31 Pacific Coast Aero Mari ne Lease Agreement as a result of the improper offer, agreement to confer, or conferring of a benefit to an employee or official of the City of Fresno. SECTION 35. CONSTRUCTION AND APPLICATION OF TERMS A. Wherever in this Lease a third person singular, neuter pronoun or adjective is used, referring to Lessee, the same shall be taken and understood to refer to Lessee, regardless of the actual gender or number thereof. B. Whenever in this Lease Lessee is placed under an obligation or covenant to do or refrain from or is prohibited from doing or is entit led or privileged to do, any act or thing, its obligations shall be performed or its rights or privileges shall be exercised only by its officers and employees and other duly authorized representatives, or by permitted assigns or subleases of this Lease of all or any part of the Leased Premises. C. Lessee's representative, herein specified (or such substitute as Lessee may hereafter designate in writing) shall have full authority to act for Lessee in connection with this Lease and any things done or to be done under the Lease. D . In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid , illegal, or unenforceable in any respect , such invalidity , illegality , or unenforceability shall not affect any other provision thereof and this Lease shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Lease. SECTION 36. VENUE AND GOVERNING LAW The obligations of the parties to this Lease shall be performable in Fresno County, California, and if legal action is necessary in connection with or to enforce rights under this Lease, exclusive venue shall lie in Fresno County , California. This Lease shall be governed by, and construed in accordance with, the laws and court decisions of the State of California, without regard to conflict of law or cho ice of law prin cip les of California or of any other state. SECTION 37. SUCCESSORS AND ASSIGNS Subject to the limitations upon as s ignm e nt he rein contained, this Lease shall be binding upon and inure to the benefit of the parties hereto , their respective successors and assigns. 32 Pacific Coast Aero Marine Lease Agreement SECTION 38. NOTICES Notices hereunder shall be sufficient if sent and received by certified or registered mail, postage fully prepaid, to: LESSOR: City of Fresno -Airports Department Attn. Director of Aviation 4995 East Clinton Way Fresno, CA 93727 LESSEE: William Newburn Pacific Coast Aero Marine 668 West Kearney Blvd Fresno, CA 93706 or to such other respective addresses as the parties may from time to time designate to each other in writing. Notice will be deemed delivered to the party to whom addressed on the third (3rd) business day following the date on which the same is deposited , postage fully prepaid, in the U.S. mail, by certified or registered mail. SECTION 39. LEASEHOLD MORTGAGES PERMITTED A. Lessee shall, subject to the written approval of Lessor, have the right to encumber by mortgage, deed of trust or other instrument in the nature thereof (each such mortgage, deed of trust or other instrument being herein called a "leasehold mortgage") this Lease , Lessee's leasehold estate and all of Lessee's rights , title and interest hereunder, including its right to use and occupy the Leased Premises and all of its right and interest in and to any and all buildings, other improvements and fixtures now or hereafter placed on the Leased Premises and any sublease covering the Leased Premises or any portion thereof; and, in such event, upon Lessee 's written request to Lessor, Lessor will execute and deliver a reasonable estoppel certificate addressed to the leasehold mortgagee confirming, among other things, the terms of this Section 39 and agreeing to recognize the leasehold mortgage or any purchaser of the mortgaged leasehold at foreclosure in the same manner as an assignee of this Lease. Notwithstanding the foregoing , no mortgagee or trustee or anyone that claims by, through or und e r a le asehold mortgage (herein called a "leasehold mortgagee") shall, by virtue thereof, acquire any greater right in the Leased Premises and in any building or improvement thereon than Lessee then had under this Lease, and provided further that any leasehold or subleasehold mortgage and the indebtedness secured thereby shall at all times be a nd remain infe rior a nd subordinate to all of th e conditions, covenants and obligations of this Lease and to all of the rights of the Lessor here und er. In no event shall Lessee have the right to encumber, subordinate or render inferior in any manner Lessor's fee simple title in and to the Leased Premises. 33 Pacific Coast Aero Marine Lease Agreement B. Subject to Lessee's and/or any sublessee's authorization, any such leasehold mortgagee, at its option, at any time before the rights of Lessee shall have been terminated, may pay any of the rents due hereunder or may effect any insurance, or may pay any taxes , or may do any other act or thing or make any other payment required of Lessee by the terms of this Lease , or may do any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Lease, or to prevent the termination of this Lease and may use insurance proceeds to pay any sum required to be paid be Lessee hereunder; and all payments so made and all things so done and performed by any such leaseh o ld or subleasehold mortgagee shall be as effective to prevent a forfeiture of the rights of the Lessee hereunder as the same would have been if done and performed by the Lessee instead of by such leasehold mortgagee. C. Leasehold mortgagee, an assignee of this Lease or otherwise , or any other party who shall acquire any rights and interest of Lessee under the terms of the Lease through a conveyance, assignment ("c onveyance " and "assignment " does not mean Lessee 's granting of the leasehold mortgage), foreclosure , deed in lieu of foreclosure or any ot her appropriate proceedings thereof, shall becom e liable to Lessor for the payment or performance of any obligation of Lessee under the Leas e, including without limitation, any of Lessee 's indemnification obligations to Lessor and any of Lessee's obligations relating to asbestos containing materials removal or disposal , or any other environmental liabili tie s. D. During such time as Lessee's leasehold estate is subject to a leasehold mortgage, this Lease may not be modified or voluntarily surrendered without the prior written consent of the leasehold mortgagee; provided however, that this Lease may be terminated without the consent of the leasehold mortgagee if a default or oth er cause for terminat ion und e r this lease occurs and is not corrected or satisfied in accordance with the terms and cond iti ons of the Lea se, provided the leaseho ld mortgagee has received all notices from Lessor that Lessor is required to give Lessee under the Lease . SE CTION 40. SECTION HEADINGS The section hea dings he re in a re for convenience of refe rence and are not intended to define or limit th e sc op e of any provisions of thi s Lease. SECT ION 41. COUNTERPARTS This Lease may be execu ted in any number of counterparts , each of which shall be an original. If this Lease is executed in counterparts, then it shall b eco me fully execu ted 34 Pacific Coast Ae ro Marin e Lease Agreeme nt only as of the execution of the last such counterpart called for by the terms of this Lease to be executed. SECTION 42. ENTIRE LEASE; NO ORAL MODIFICATIONS This Lease (with all referenced exhibits, attachments, and provisions incorporated by reference) embod ies the entire agreement of both parties, superseding all ora l or written previous and contemporary agreements between the parties relating to matters set forth in this Lease. Except as otherwise provided elsewhere in this Lease, this Lease cannot be modified without written supplemental agreement executed by both parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 35 Pacific Coast Aero Marine Lease Agreement SECTION 43. SIGNATURES EXECUTED and effective this __ day of , 2014 ("Effective Date") by the CITY OF Fresno, Lessor, and by, Willam Newburn, Lessee, acting by and through its duly authorized officer. City of Fresno A Municipal Corporation By: --------------------------Kevin R. Meikle , Director of Aviation Address for Notice: City of Fresno Airports Department 4995 E. Clinton Way Fresno, CA 93727 ATTEST: Yvonne Spence, CMC City Clerk By: ________________________ _ Deputy APPROVED AS TO FORM: Douglas T . Sloan City Attorney By: ________________________ _ Date Deputy City Attorney Pacific Coast Aero Ma rine Lease Agreement LESSEE: William Newburn, An Individual D.B.A. Pacific Coast Aero Marine By: -~..L.-..L~~r.vb~-=-...,...~~=-,--- Title : 0 t<I()(L'I( (Board Cha ir, Pres . Or Vice Pres .) By: ________________________ _ Name: ______________________ _ Title : ---------------------- (Board Treasu rer, Secretary or Assistant Sec reta ry) Address for Notice: Pacific Coast Aero Marine William Newburn 668 West Kearney Blvd. Fresno , CA 93706 36 LIST OF EXHIBITS EXHIBIT A EXH IBIT B EXHIBITC EXHIB IT D EXH IBIT F Depiction of Leased Premises Assurances Required By The Federal Aviation Administration Annual Rental Adjustment Computation Worksheet Chandler Airport Minimum Standards Disclosure of Conflict of Interest Pac ific Coast Aero Marine Lease Agreement 37 5' IX) t0 ..t '¢ t0 w (!) 0 t0 ..-- I c.D 0 N E b 0 (f) 75' 5.10' 0 oo REVISIONS/REFERENCE REV NO. CllY Of FRESNO DEPARTMENT Of AJRPOR15 4995 EAST CUtiTON WAY FRESNO, CAI.JfORNL'I 93727 PHONE: 55 9-621-4500 163.66' :s: LEASE LOT 5 HAS ro AN AREA OF (!) 45,232.35 SQ. FT± t0 t0 (!) (!) N r--. N 0 z FB0 -9 163.66' AIRPORT ROAD 1312.01' 0 0 c) l[) l[) IX) ..... 0 ;; 0 c) (!) l[) .t0 (!) l[) N F-3 F-2 (!) b 0 z BLVD. 0 D FRESNO CHANDLER EXECUTIVE AIRPORT ro t0 (!) r--. N ;; (!) t0 (!) N b 0 z N89"33'24"E N89" 135.78' 13 :s: • (!) t0 IX) (o r<? N (!) b r--. N LEASE LO 0 LEASE LOT 3 HAS z AN ARE AN AREA OF 37,527 SQ. FT± 36,015 s FB0-7 FBO- ,ffi ·~ if N89"33'24"E S89"33' 135.78 130.J FB0 -4 LEASE LOT 8 HAS AN AREA OF 63,494 SQ. FT± S89"33'2 II 411.66' 0 KRA NO.:----FUND NO . __ _ AIRPORTS DEPARTMENT ORG NO. t--------~ 1-------------------------l ACTIVITY:-:-:,----DIRECTOR OF AVIATION f-=-P..:.:RO::..:J:.::.EC:..:T...:.I:..:.D:==-=-=-=.,.t,=KEVI~N _R_. _ME_IK_LE...:.., _AR_C_HI.:..::TE:..:...CT:.....j LEASE LOT 4 CONST. EN G. PACIFIC COAST AERO-MARINE CITY DESIGN ENG . DR. BY: DJY CH. BY: MD 1-------------------------l DATE: 4/25/2014 fil e path and name SCALE: NTS APPROVED omCE ENG. ____ 1 CITY DRAWING NO. SHEET NO . 1 OF 26-A-90 SHEETS ASSURANCES REQUIRED BY THE FEDERAL AVIATION ADMINISTATION (August 1998 Edition) SECTION A PURPOSE , C LASSES OF ACTIVITIES, APPLICABILITY OF ASSURANCES AND DEFINITION OF TERMS 1. PURPOSE: Th e City of Fres no, California, a n airport owner subject to both Federal Grant Agreement obli gations and terms, covenants and conditions of Surplus Property Inst rume nts of Di sposal at th e Fres no Yosemite Intern ati onal Airpo rt (FYI) a nd Federal Grant Agreement obli gati ons at Fresno-Chand ler Downtown Airport (FCH), is required by the Federal Aviation Adm ini strati o n (FAA) to in c lu de specific provision s, addressin g, among other thi ng s, the requiremen ts of Title VI of the Civi l Rights Act of 1964, Excl usi ve Ri g hts proh ibitions, and Affirmative Action it ems contained in Title 14 Code of Federal Regul ations Part 152, within all agreements (including, wi th out lim it at ion, leases, li censes, perm its, and contracts) between said City and any and all entities who use or perform work or conduct activiti es on City-owned a i rport premises for aeronautical or non-aeronautical purposes; th erefore, the purpose of thi s Exh ibit is to appropriat ely in co rporate within th e "Agreement," to which it is attached an d m ade a part of by reference th e rein, the sixteen (16) numbered provis ion s cont ain ed w ith in Section "B", "ASSURANCES," below. 2. CLASSES OF ACTIV ITI ES: The applicability of each of th e s ixt ee n (16) numbered prov1s1o ns contained within Sectio n "B," "ASSURANCES," below, to that cert ain "Ag reement" to which t his E xhibit is attached and m ade a part of by re fe r e nce th e rei n, is, among ot her thi ngs, d ependent upon the type of work t o be performed a nd/or the type of acti vities to b e conducted at t he a irport(s) by th e Lessee, Permittee, Li censee, Operator, etc ., named th erei n , pursuant to and in accordance with those certain rights, privi leges, uses, and operations, expressly granted an d/or authorized th ere under; th erefore, th e following activi t y classification s, as established by the FAA, are provided for th e inform ation and guid ance of all concerned: a. Direct and Supportive Aeronautical: The fo ll owing activiti es, common ly conducted on a irport s, a re AERONAUTICAL AC TIVITI ES: (1) Air Carrier (2) Chart er Operations (3) Pi lot Training (4) Aircraft rental a nd sightseein g (5) Aeri a l Photography (6) Crop dusting (7) Aerial Advertis in g a nd Su rv eying (8) Aircraft Sales and Services {9) Sale of Aviation Petro leum products (wheth er or not conducted in conjunction with other included acti vit ies) (1 0) Repair and Mainte nance of Aircraft (11 ) Sale o f Aircraft Par ts FAA Assu rances Exhi bit "8 " Page 1 of 5 (12) Any other activities which, because of their direct relationship to th e operation of an aircraft, can appropriately be regarded as an "aeronautical activity." b. Complimentary Aeronautical: The foll owing activities, when conducted on airports, are COMPLIMENTARY AERONAUTICAL ACTIVITIES: (1) Ground Transport ation (taxis, car renta ls, limousines) (2) Restaurants (3) Barber Shops (4) Auto Parking Lots (5) Recreational Fa ci lities (6) Any other commodities, services or accom modations made ava ilable to the general public. c. Non-Aeronautical: The foll owing activities, when conducted on ai rports, being neither "Direct and Supportive Aeronautic a l" nor "Complimentary Aero na uti ca l," as defined above, are NON -A ER O NAUTICAL ACTIVITIES. (1) Manufacturing (2) Agriculture (3) Any other ac tivity not appropriately falling within th e abovesaid "Di rect and Supportive Aeron a utical" and/or "Complimentary Aeronautical" classifications. 3. APPLICABILITY OF NUMBERED PROVISIONS WITHIN SECTION "B," "ASSURANCES," BELOW TO CLASS(ES) OF ACTIVITIES SPECIFIED WITHIN PARAGRAPH 2, ABOVE: Th e app li cabi li ty of th e numbered provisions wi thin Section "B," "Assurances," below, to the respective classes of ac tivi ti es specifi ed within subparagraphs 2a, b , a nd c, of t his Section "A," above, is as follows: ACTIVITY CLASS Direct and Supportive Ae ron autica l Complimentary Aeronautical Non-Aeronautical NUMBERED PROVI S IONS APPLICABLE TO CLASS FYI AGREEMENTS FCH AGREEMENTS 1 thr u 16 1 thru 14 & 16 1 thru 14 & 16 1 th ru 15 1 th ru 14 1 thru 14 4. DE FINITION OF TERMS USED WITHIN SECTION "B," "ASSURANCES," BELOW In order to facilitate ease of fulfillment of th e requirement specified within paragraph 1 of thi s Secti on "A," this Exhibit is designed to be attached t o and made a part of all City of Fresno Airport's "Agreements," in cludi ng, without lim itat ion, leases, licenses, perm its, contracts, etc.; ther efore, in the even t th e "Agreement" t o whi ch thi s Ex hib it is attached and made a part of by reference therein s hall be oth er than a lease or be a le ase within wh ich the part ies t hereto are there in called or referred to other th an "Lessor" and "Lessee," th en, where th e t erms "LESSOR," "LESSEE," and "LEASE" appea r, as s hown, within th e s ixt een (16) num bered "ASSURANCES" li sted within Section "B," below, said term s sha ll be deemed to mean "C IT Y OF FRESNO, CALIFORNIA," "THE OTHER PARTY T O THE PARTICU LAR AGREEMENT" (e.g., Licensee, Permittee , Co ncessio na ir e, Operator, etc.), a nd the "AGREEMENT" itself (re gard less of title, type and/or description, including , without limitation , Leases, A greemen ts, Licenses, Perm its, and Contracts) respectively ; and where th e terms "L AND LEASE" and "L EASED PR E MISES" FAA Ass urances Exh ib it "B" Page 2 of 5 (and all the terms "LAND LEASED" and "LEASED PREMISES " (and all reasonably readily identifiable derivations thereof) appear, said term s shall be deem ed to mean the land (s) and/or premises specifically identified within the "Agreement" as being that/those to which leasehold interests are expressly granted and/or those in, upon, to and/or from which tenancies, occupancies, use(s), operation(s), and /or access(es) by th e Le ssee, Permittee, Li censee, Operator, Concessionaire, etc ., are expressly au thorized . In all cases , where th e t erm "A IRPORT" appears, as shown, it shall be deemed to mean the particular airport(s) (i.e., either the Fre s no Yosem ite Int ernational Airport or the Fresno-Chandler Downtown A irport , o r bo th) as identifi ed within the "Agreement" between th e parties as being th e Airport(s) to w hi ch th e "Agreement" pertains. SECTION B ASSURANCES 1. The "LESSEE," for itse lf, its heirs, perso nal representati ves, successors in interest , and assign s, as a part of the considerat ion hereof, does hereby co ve nant and ag ree (as a covenant running with the land if th e "Agreemen t" to which th is Ex hibit is attached is a lease) th at in the event f aci liti es are constructed, maintained , or oth erwise operated on the said property desc ri bed in this "LEASE" for a purpose for which a U.S . Departm ent of Transportatio n (DOT) program or activity is extended or fo r another purpose in volv ing th e provis ion of similar services or benefits, th e "LESSEE" shall maintain and op erat e suc h facil ities and services in compliance with all other requirements impo sed pursuant to Titl e 49 , Code of Federa l Regu lation s, DOT, Sub -title A, Office of the Secret ar y, Part 21, Nondi sc rimination in Federally-Ass isted Prog rams of th e Depar tm ent of Transpo rt at ion Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regu latio ns may be amended. 2. Th e "LESSEE ," for itse lf, it s persona l represe ntatives, successors in interest, an d assigns, as a p art of the co nside ratio n hereo f, does hereby covenant and agree (as a covena nt running with th e land if the agreemen t to which thi s Ex hibit is att ached is a lease) that: (1) no perso n on th e grounds of rac e, co lor, or national origin s hall be excluded f rom partic ipation in, denied th e benefits of, or be otherwise subj ected to discrimination in th e use of sa id f aci liti es, (2) that in the co nstr uction of any improveme nts on , over, or und er such land an d the furnishing of services there on, no person on the g round s of race , co lor, or national origin shall be exclu ded from participatio n in , denied th e benefits of, or ot herw ise be subject to d iscrim inat ion, (3) that th e "LESSEE" shall use th e "prem ises" in comp li ance with all other requ irements imposed by or pursuant to T itle 49, Code of Federal Reg ul ati ons, Department of Transpor tation, Subtitl e A, Office of th e Secretary, Part 2 1, Non-di sc rimin ation in Fed erall y-Assisted Programs of th e Departm ent of Tra nspo rt at ion Effectuation of Title VI of the Civi l Rig hts Act of 1964 , and as said Regulations may be amended. 3. That in the eve nt of breach of any of th e above no ndi scrimination covenants, "LESSOR" s hall have th e right to terminate the "L EA SE" and to reenter and repossess said land and the f ac ili ties thereo n, a nd hold the sa me as if sa id "LEA SE" had never been made or issued. Th is provision does not beco me effective until th e proced ures of 49 CFR Part 2 1 are followed and completed i nclud ing expiration of app eal rights. 4 . "LESSEE " s hall furni sh it s accommodat ions and/or serv ices on a fair, equal and not unjustly discrim in atory basi s to all users thereof and it s hall charge fair, reasonable and not unjustly discriminatory p ric es for eac h unit or service; PROVIDED, THAT the "LESSEE" may be allowed to make reas on able and nondiscriminatory di sco unts, rebates or oth er sim ilar type of price reductions to vo lu me purchase rs. FAA Assurances Exh ibit "B" Page 3 of 5 5. Non-compliance with Provis ion 4 above shall constitute a material b reach thereof and in the event of such non-compliance the C ITY OF FRESNO , CALIFORNIA ("LESSOR") s hall have the right to terminate th is "LEASE" and th e es tate hereby created w it hout li abilit y th eref or or at the election of the "LESSOR" or the United States either or both sa id Governments shall have the right to judicially enforce Provisions 1, 2, 3 and 4 above. 6. "LESSEE" agrees th at it shall insert the above fi ve (5) provisions in any lease, agreement, contract, etc., by which "LESSEE" grants a right or priv il ege to any person, firm or corporation to render accommodations and/or services to the public on the "premises" herein "LEASED." 7. The "LESSEE" assures that it wi ll undertake an affirmative action program as required by 14 CFR Part 152, Subpart E , to ensu re t hat no person shall on the grounds of race, creed, color, national origin, or sex b e excluded from participating in any employment activiti es covered in 14 CFR Part 152, Sub-part E. Th e "LESSEE" assures that no person shall be excl ude d on these grounds f rom participat ing in or receivi ng the services or benefits of any program or activity covered by this subpart. Th e "LESSEE" assures that it will require that it s covere d suborganizations prov ide assurances to the "LESSEE" that they s imi larly w ill undertake affirmative action programs and that they w ill require assurances f rom thei r suborganizations, as required b y 14 CFR 152, Subpart E , to the same effect. 8. Th e "LESSOR" reserves the right to further develop or i mprove the landing a rea of the "Airport" as it sees fit , regardl ess of the desires or view of the "LE SSEE" and withou t interference or hindrance. 9. The "LESSOR" reserves the right, but shall not be obligated to the "LES S EE " to maintain and keep in repair the la nding area of the "Airport" and all publicly-owned faci li ties of the "Airpo rt ," together with the right to direct and control all activities of the "LESS EE " in thi s regard. 1 0. This "LEASE" shall be subordinate to the provisions and r equirements of any existing or future agreement between th e "LESSOR" and th e United States, re lative t o t he development, operation or maintenance of the "Airport." 11 . There is hereby reserved to the "LESSOR," it s successors and assigns, for the use and benefit of the publ ic, a right of flight for the passage of aircraft i n the airspace above t he surface of the "premises" herein "LEASED ." This public right of flight s hall include the ri g ht to cause in said airspace any noise inherent in th e operation of any a ircraft used for navigati on or flight through the said airspace or land ing at, t akin g off from or operation on the "Airport." 12. "LESSEE" agrees to comply with the notification and review requirements covered in Part 77 of the Federa l Aviation Regulations in th e event future construct ion of a building is plann ed fo r the "LEASED PREMISES," or in the eve nt of any planned modification or alteration of a ny present or future build in g or structure situat ed on th e "LEASED PREMISES." 13. The "LESSEE," b y accepting this "LEASE ," expressly agrees for itself, its successors a nd assigns t hat it wi ll not erect nor permit the erectio n of any structure or object, nor permit the growth of any tree on th e "land leased" hereunder w hic h wou ld exceed th e height li mi ts of P art 77 of th e Federal Aviation Regul ations . In the eve nt the af oresaid covenan ts are breach ed, "LESSOR" (the owner) reserves th e right to enter upon the "land leased" h ereu nder and to FAA Assurances Exhibit "B " Page 4 o f 5 remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the "LESSEE." 14. The "LESSEE," by accepting this "LEASE," agrees for itself, its successors and assigns, that it will not make use of the "LEASED PREMISES" in any manner which might interfere with the landing and/or taking off of aircraft at and/or from the "AIRPORT" (either the Fresno Yosemite International Airport or the Fresno-Chandler Downtown Airport, or both , as applicable) or otherwise constitute a hazard . In the event the aforesaid covenant is breached, the "LESSOR" (owner) reserves the right to enter upon the "premises hereby leased" and cause the abatement of such interference at the expense of the "LESSEE." 15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C . 1349a). 16. This "LEASE" and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said "AIRPORT" or the exclusive or non-exclusive use of the "AIRPORT" by the United States during the time of war or national emergency. FAA Assurances Exhibit "8" Page 5 of 5 NOTICE OF ANNUAL RENTAL ADJUSTMENT (B as ed on USDLBLS Consumer Price Index for Urban Wage Earners and Clerical Workers· ALL ITEMS, U.S. CITY AVERAGE) EXAMPLE RE: PIE IN THE SKY AVIATION LE ASE AND AGRE EMENT The rental ad justment calculation shown to the right was completed in keeping with t he intent of the agreement for the Hangar at 1234 Aviation Way Fresno,CA Lease Agreement THE CITY OF FRESNO · AI RP ORTS DEPARTMENT AND PIE IN THE SKY AV IATION EFFECTIVE ANNUA L RENTAL WILL BE: FRESNO YOSEM ITE INTERNATIONAL AIRPORT LEASE AGR EEMENT DATE: EXAMPLE ANN UAL RENTAL ADJ USTMENT COM PUTATION FOR LEASE YEAR COMMEN CING: July 1, 2011 USDLBLS CPI • JAN ·DEC., _ 2010 .......... . USDLBLS CPI ·JAN-D EC., 2011 .......... . AMOUNT OF CPI CHANG E PERCENTAGE CPI CHANGE CURRENT ANNUA L RENTAL AMOUNT OF ADJUSTMENT NEW MONTH LY RE NTAL EFFECTI VE July 1, 2011 213.967 • 22 1.575 • 7.608 3.5S57% $10,000.00 $355.57 $1 0,355.57 If you have any quest 1ons concern i t PROPERTIES SECTION please con tact th e un dersigned at 45 4995 E. CLI NTON WAY FRESNO, CA 93727-1504 TELE PHONE : (559) 621-4500 NOTES: • PER USDL/BLS EXHIBIT "C" SAMPLE ONLY 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 in 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 authorized . 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 th e 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 that entity's use or occupy of space at the Airport. Exhibit "0 " 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 future, 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 th e process of being mad e Airworthy; or (2) is not in the process of rehabilitation for public display; or (3) has not been specially prepared, treated and preserved fo r future rehabilitati o n. An Aircraft will be presumed a Dere li ct Aircraft if it has not been Airwo rthy for s ix months or more and is obviously deteriorating (tires flat and/or drying out or cracking; or rubber drying out and losin g resiliency ; or paint Exh i bit "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 airpo rt 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 -Ge nerating 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 -pla ne of Aircraft fuels. FYI -Fresno Yosemite International Airport 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 accesso rie s 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 th e airframes, powerplants, components, equipment, systems 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; "s ky diving"; aerial ambu lan ce; aerial firefighting ; aerial photography or surveying; aerial adverti sing; aerial traffic or news reporting ; powerline, pipeline or other aerial patrolling ; aerial application ; weather modification; air taxi or charter; Aircraft sales, including fractional ownership; commercia l flying clubs; management of Aircraft owned by others; Aircraft scheduling: passeng e r handling; ground handling; passenger security screening; baggage, mail or freight Exhibit "D" loading/u nloading and/or tran sportation on th e 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 its 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 Airline operations ; nor do Revenue Generating Aviation Activities in clude Aircraft Operations by transient or itinerant Aircraft , or non-commercial Aircraft operations by personal or business aircraft based at th e 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 Ai rpo rt: business privileges can be authorized only by the City, in a complementa ry Agreement betwe e n 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 so me entrance upon Airport property by the business operator for th e business activity to be accomplished. A Through -the-Fen ce Business Operation relies upon Airport use rs as a continuous and significant so urce of its business. An example would be an Aircraft insp ection and repair business where the Aircraft or a major Aircraft component is ground transported off the Airport for th e inspection and repair and returned to the Airport upon co mpletion of the inspection and repai r. SECTION 3. STATEMENT OF POLICY -PRINCIPLES APPLYING It is the poli cy of th e City to opera te and develop FC H as a reliever airport for th e City's airline airport, FYI , with FCH primarily serving general aviation A irc raft. Both Airports will be operated and devel oped by th e Department as a financially self-supporting , complementary system of airports serving th e entire range of airport users safely , secure ly and effi c iently , offering reliable, high quality aviation products and services to meet th e air transportation needs and desires of the region's citizens , visitors , commerce and eco nomy in a n environmentally friendly manner and as a good neighbor. 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 inv es tment 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 keeping 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 commenc ing Business operations, authorized Entities shall post and maintain security equivalen t to not less than three months' of the anticipated rents fees and /o r charges payable to the Department. 5. The term of any Agreeme nt, 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 Im provements must be approved by the Department as to architectural su itability , location and height with respect to other Airport faciliti es. No Improvement will be permitted that in any way interferes with or derogates Airport operations , or other Airport facilities, or encroaches into or confli cts with any building restrict ion lin e or safety area depicted on the current ALP. 7. The th e n effect ive A irport Master Plan and FC H 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 sha ll be us ed or leased on term s that might impede or delay the tim ely development of the Airport in conformity with the then current Airport Master Plan and FCH Specific Pl an, nor shall any Improvements to such facility be a ll owed if that might impede or delay timely subsequent development of the Airport in conformity with the said Master Plan and FCH Specific Plan. 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 transportation 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 cond uct 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, ma in tenance 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 sha ll 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 Reve nue 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 confli ct with any express provision of th e Agreement. In th e case of any conflict , the Agreement shall contro l. 1. Employee Conduct and Customer Service Emphasis A Management Control and Supervision -Each authorized Operator is required to emp loy the necessary quantity of trained management and supervisors to provid e for the safe, secure, and timely comp lian ce with its Lease obligations. B. Personnel Training and Certification -A ll authorized Operator personnel shall be fully qualified and trained to provide a high quality standard of courteo us, efficient, and safe serv ice to the public and customers. Personnel sha ll meet all Federal, State, and local certification and li ce nsing requirements applicab le to their individual duties. 2. Faci liti es for the storage and disposal of toxic material s and contaminants mu st comp ly with all applicable governmental rules, regulations, standards and requirements. Operator will obtain all necessary permits for storage and disposal Exhibit "D" and will provide Lessor with copies of such permits and evidence of compliance with the terms and conditions thereof. Improper storage or d isposal of toxic materials or contami nants shall be grounds for termination of the lease . Operator shall be liable for the costs of correcting any contamination 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 fac ilities of the a irport , together with the right to direct and cont rol all use of said landing area and faci lities, 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 C ity shall have t he right to Lease the landing area or any part thereof to the United States 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 , shal l be suspended . 7. The City reserves the right to take any action it conside rs 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 th e 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 ex isting 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 in te rest in Operator's Lease, nor shall Operator Sub lease or assign any interest in its Lease d Premi ses or any portion thereof without the express, written consent of the City. Exhibi t "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 furnish ings 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 A irport 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 submitting 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 /loca l/ state/ federa l 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 polic ies of insurance required hereunder with an insurance company(ies) either (i) admitted by the Californ ia Insuran ce Commissioner to do bu si ness in the State of California and rated not les s than "A-VII" in Best's Insura nce 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 s ha ll include coverage for "bodi ly injury", "property damage" and "persona l and advertising injury", including premises and operation , products and compl eted operations , contractual liability and hangar keepe rs liability (if applicab le) with lim its 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 pe rsonal and advertising injury and $2,000,000 aggregate for products and comp leted operations. 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, cove r loss or damage by explosion , windstorm , riot , airc raft , 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 Op erator has employees]. 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 d ay written notice by certified mail, return receipt request ed, 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 limits , Operator shall furni sh City with a new certificate and applicable endorsements for such policy(ies). In the event any policy(ies) are due to expire during Operator's activity at Fresno Chandler Executive Airport, Ope rator shall provide a new 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 acti vity 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 insuran ce coverage at any tim e by letter and the Operator sha ll comply within thirty (30) days from date of notice . 14 . Operator shall ind emn ify , hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liabi li ty , fines, penalties, forfeitures , costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any tim e 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 liti gat ion expe nses), a ri sing or alleged to have arisen directly or indire ct ly out of the activity of the Operator, its principals , officers, agents, employees, persons under the super vi sion of Operator, vendors, suppliers, invitees, consultants, sub- consu lt ants, subcon tracto rs, a nyone employed directly or indirectly by any of them or for whose acts they may be liabl e or any or all of them at the Fresno Chand ler Executive Airport. 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 th e 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 nondi sc riminatory 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 tim e 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 sha ll 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 ta ke reasonable means to determine if a particular activity constitutes an unauthorized Revenue-Generating Aviation Activity shall make Lessee liabl e to the City for the fees and charges pertinent to the unauthori zed Revenue- Generating Aviation Activity as if it had been authorized. Further, Lessee shall Exhibit "D" forthwith take steps to terminate the unauthorized Revenue-Generating Aviation Activities. 19. Operator shall abide by all prov1s1ons 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 li censes, 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. A ll 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 their 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, EQU IPM ENT, HOURS OF OPERATION, STAFFING, ET. AL. 1. Application of this Section 5 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 public 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 Businesses 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 obtaining rental cars or the u se 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. 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 sch edule 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 ope rator of th e 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 Ex hibit "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 Airports. 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 Dire ctor 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 s hall furnish good, prompt, courteous and efficient services , adequate to m eet all rea sonabl e demands, on a fair, reaso nab le and non-discriminatory basi s. Each FBO shall operate its business in a first-class manner and shall , at all times, keep its premises at the Airport in a sa fe, cl ea n and orderly condition consistent with the Business activities authori ze d , and satisfactory to the Director. Each FBO shall accept not less than three major credit cards and at least one oil company credit card. Eac h 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 th e name of the FBO in respect to th e 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 regula r business hours. Each FBO shall provide the Director, and keep current, a typed list of the names, addresses, and contacts for all personnel responsible 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 employees 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 sha ll 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 provid e paved auto parking appropriate for the needs of the business . Respons ible Personnel Each SASO sha ll provide the Direc tor, and keep current, a typ ed list of nam es, addresses, and contacts of a ll personnel responsi ble for the operation and managem e nt of the SASO. B. Additional Requirements for Specific SASOs 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 operates 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 . Provid e at le a st on e (1) person who is appropriately lic ensed and rated to permit th e flight activity offered by t he SASO. b . Provide one properly maintained and equipped aircraft to accomplish the services offered . Ex hibit "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 technic ian . 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 thi rd-party aircraft owners or operators solely for those third - parties' storag e of their owned or operate d Aircraft. An Aircraft hangar rental SASO shall: a . Lease or construct hangars sufficient to store , in complete security , not less than twenty (20) single-engin e 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 an outs ide 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 Ex hibit "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 re habilitation 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 brea c h 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 their rented hangars . Any other aircraft maintenan ce must be performed 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 Unifo rm Fire Code . The piling and storage of crates , boxes , barrels , and containers, refuse , and surplus property shal l not be permitted outside th e hanga r . All activity in or about the hangars shall be in accorda nce with th e require ments of th e Uniform Fire Code. 7. Aircraft Sales SASOs SASOs providing new and/or aircraft sales and aircraft brokerage servi ces shall : Ex hibit "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 servi ces 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. 1 0. Commercial Skydiving Inasmuch as the Airport is located und e r FYI's Class C Airspace , no skydiving whatsoever is authorized at, on or from the Airport. Exhibit "D" 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 curren t, a written statement of names, addresses, and contacts of all personnel responsible for the operation and management of the MSP . 7/11/05 version Last Updated 07111/20 05 22 J :I FC H\Maste r Documents\7 -26·05, Minimum Standards FC H (Fin al).doc Exhibit F DISCLOSURE OF CONFLICT OF INTEREST Chandler Executive Airport Lease Agreement 540 E Kearney Ave PROJECT TITLE Y ES* 1 Are you currently in litigation with the City of Fresno or any of its D agents? 2 Do you represent any firm , organization or person who is in D litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do D business with the City of Fresno? 4 Are you or any of your principals , managers or professionals, owners or investors in a business which does business with the D City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who D ha s any significant role in the subject matter of this service ? 6 Do you or any of your subcontractors have, or e x pect to have, any interest, direct or indire ct, in any other contract in c onnection with this Project? D * If the answer to any question is yes, please explain in full b elow. Ex planation : __________ _ Signature D ate (nam e) (compa ny) (address) D Additional pag e (s) attached. (city state zip) Pacific Coast Aero Ma ri ne Lease A greem ent NO D D D D D D City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-136 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:SHARON SHAFFER, Deputy Chief Police Department/Support Bureau SUBJECT Actions pertaining to grant funding from the State of California Alcoholic Beverage Control (“ABC”) - Police Department 1.RESOLUTION - Authorizing acceptance of $70,000 in grant funding from the State of California Alcoholic Beverage Control (“ABC”), authorize the Chief of Police to enter into and execute the agreement and all program required documents 2.*RESOLUTION - 1st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $70,000 for the Police Department’s ABC Enforcement Program (Requires 5 affirmative votes) RECOMMENDATION It is recommended that the City Council adopt a Resolution authorizing acceptance of $70,000 in grant funding,authorize the Chief of Police to enter into and execute the agreement and all program required documents,and adopt the 1st Amendment to the AAR No.2014-95 to appropriate these funds into the FY 2015 budget.Funds have been awarded by the ABC for the 2014-2015 Grant Assistance to Local Law Enforcement Agencies Project. EXECUTIVE SUMMARY ABC has awarded $70,000 in grant funding to the Fresno Police Department (“FPD”)to provide prevention,education,and enforcement of alcohol related enforcement issues.The grant period is in effect from July 1,2014 to June 30,2015.The funding will assist with the cost of a detective assigned to this enforcement program and program related training. BACKGROUND With 1,054 premises licensed to serve or sell alcohol within the City of Fresno (537 off-sale and 517 on-sale),FPD realizes the importance of issues related to alcoholic beverage education, City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-136 Agenda Date:7/17/2014 Agenda #: on-sale),FPD realizes the importance of issues related to alcoholic beverage education, enforcement,and abuse prevention.Our goal is to increase alcohol awareness,educate officers, licensees and the community,and to hold licensees accountable.This can be accomplished by: attending Roll Call Training Sessions;meeting with Problem Oriented Policing and School Resource Officers;providing education to the community,licensees and their employees;conducting IMPACT Inspections,DUI Educational Checkpoints,and other undercover operations (Decoy,Shoulder Tap, Drunk Decoy, Trap Door, and more). Sales of alcoholic beverages to minors and furnishing alcoholic beverages to minors remain among the top alcohol-related concerns of the community and law enforcement.FPD and FPD/ABC operations have shown that licensees will sell alcohol to minors and adults will frequently purchase alcoholic beverages for minors in violation of the law. Driving under the influence of alcohol also continues to be a major challenge for FPD.In 2013,there were 314 DUI collisions,83 DUI injury collisions,and 6 fatalities resulting from DUI collisions.FPD conducted 63 DUI Educational Checkpoints,and 16 Saturation Area Checks,this past year.A total of 2,693 individuals were arrested for driving under the influence of alcohol within the City of Fresno.In addition,we conducted 51 “Decisions for Life”Classes with 1773 attendees.The “Decisions for Life” Classes are hosted by FPD’s Traffic Safety Section. City Attorney has reviewed and approved both the resolution and the Grant Agreement. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A due to State and Federal money FISCAL IMPACT The impact to the general fund will be a savings of $68,350 that will offset the cost of the reassigned detective’s time and enforcement activities.An AAR is attached.This funding will enable FPD to continue its efforts to prevent underage drinking and the sale of alcohol to minors through education and enforcement within the City of Fresno. JPD/ajh 07/03/14 Attachments: AAR No 2014-95 Resolution Grant Agreement City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ - 1 - Date Adopted: Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 1st AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION No. 201 4-95 APPROPRIATING $70,000 FOR THE POLICE DEPARTMENT’S ABC ENFORCEMENT PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: POLICE DEPARTMENT Misc State Grants - Police $ 70,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Misc State Grants - Police Revenues: Account: 33401 State-Grant $ 70,000 Fund: 22028 Org Unit: 156201 Total Revenues $ 70,000 Appropriations: Account: 51101 Permanent Salaries $ 68,400 55801 Training 800 58015 Petty Cash--Initial/Increase 800 Fund: 22028 Org Unit: 156201 Total Appropriations $ 70,000 THAT the purpose is to appropriate $70,000 for the Police Department’s ABC Enforcement Program. - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______Resolution No. ____________ RESOLUTION NO.: 2014-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING ACCEPTANCE OF $70,000 IN GRANT FUNDING FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR THE FRESNO POLICE DEPARTMENT’S 2014-2015 GRANT ASSISTANCE PROGRAM. WHEREAS, the City of Fresno through the Fresno Police Department (grant applicant) desires to undertake a project for the education and enforcement of alcohol related laws and regulations to be funded in part from state grant funds made available through the 2014-2015 Grant Assistance Program administered by the State of California Department of Alcoholic Beverage Control (hereafter referred to as ABC); and WHEREAS, the procedures established by the ABC require that, if selected for funding, the grant applicant is to submit a resolution from its governing board authorizing the grant applicant enter into a contract with the State of California (“Grant Agreement”) and execution of related documents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno: Section 1. The Chief of Police for the City of Fresno is authorized on its behalf to sign the Grant Agreement, including any extensions or amendments thereof, subject to prior approval as to form by the City Attorney’s Office. This authorization extends to amendments that add additional funds to the original contract, subject to approval by this governing body of an amendment to the City’s appropriations resolution. Section 2.The City of Fresno agrees to abide by the statutes and regulations governing the ABC Grant Assistance Program as well as the terms and conditions of the Grant Agreement as set forth by the ABC. Any liability arising out of the performance of the Grant Agreement, including civil court actions for damages, will be the responsibility of the City of Fresno. The State of California and ABC disclaim responsibility for any such liability. The City of Fresno also agrees that the award is not subject to local hiring freezes. 2 of 2 Section 3.The grant funds received hereunder shall not be used to supplant expenditures controlled by this governing body. * * * * * * * * * * * * * * CLERK’S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YOVNNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES: NOES: ABSENT: ASBTAIN: Mayor Approval: ________, 2014 Mayor Approval /No Return: _________, 2014 Mayor Veto: _______, 2014 Council Override Vote: ________, 2014 YVONNE SPENCE City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE BY: Mary Anne B. Tooke Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-140 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:STEPHEN A. HOGG, Assistant Director Department of Public Utilities - Wastewater Management Division BY:ROSA LAU-STAGGS, Chief of Wastewater Environmental Services Department of Public Utilities - Wastewater Management Division SUBJECT *BILL NO. B-27 (Intro. June 26, 2014) (For Adoption) -Adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycled water for plumbing and landscape irrigation and referred to as the “Recycled Water Ordinance” and applicable to all council districts as recycled water availability and future related projects develop RECOMMENDATION Staff introduces and recommends adoption of the attached Ordinance adding Article 9 of Chapter 6, of the Fresno Municipal Code (FMC)related to the use of recycled water for plumbing and landscape irrigation. This addition to the FMC will be referred to as the Recycled Water Ordinance. EXECUTIVE SUMMARY The Department of Public Utilities Wastewater Management Division (WMD)is seeking adoption of the proposed Article 9 of Chapter 6 also referred as the Recycled Water Ordinance (RWO).The RWO establishes water recycling policy and criteria for its use within the Sphere of Influence.The Ordinance will: ·Establish Administrative Authority ·Establish approved uses of recycled water ·Define areas of potential eligibility for recycled water service ·Specify mandatory and voluntary uses of recycled water ·Require installation of transmission and distribution infrastructure ·Encourage the use of voluntary retrofits for existing users ·Require the City to prepare Rules and Regulations for the use and distribution of recycled water ·Provide enforcement and severability clauses City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-140 Agenda Date:7/31/2014 Agenda #: BACKGROUND In 2009,the State of California adopted Recycled Water Policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and by additional 300,000 acre-feet per year by 2030. To achieve that goal,the City has a Recycled Water Master Plan (Master Plan)that serves as the basis to support decision making processes in the selection of recycled water projects.The Master Plan examines urban reuse,agricultural reuse,groundwater recharge and institutional exchanges of recycled water for potable water. The Master Plan is needed to facilitate the goals set forth in the City’s Urban Water Management Plan (UWMP),which requires the recycling of 25,000 acre-feet of water each year by 2025 to offset potable water use and meet future water demands.The Master Plan includes plan for installation and operation of treatment,storage and distribution infrastructure to serve the proposed project areas with recycled water. The Recycled Water Ordinance will assist the City in implementing the Recycled Water Program set forth in the Master Plan.The Ordinance will establish water recycling policy and criteria for its use within the current City limits as well as its Sphere of Influence and future land annexations.It will contain provisions addressing various topics related to the implementation of the goals,policies and objectives of the Master Plan. The Ordinance will delegate the Department of Public Utilities Wastewater Management Division the authority to prepare,adopt and administer rules and regulations related to the implementation of the various provisions of the Recycled Water Program. The City Attorney’s Office has reviewed and approved the proposed ordinance to form.Feedback from future recycled water users,including the Building Industry Association (BIA)was taken into consideration when drafting the applicability and implementation of this ordinance. ENVIRONMENTAL FINDING On April 11,2013,The City Council adopted Resolution 2013-45 which among other actions,certified final environmental impact report (EIR No.44471)dated June 2011 (State Clearinghouse No. 2010051015)and adopted the Recycled Water Master Plan which included the development and adoption of a Recycled Water Ordinance.This ordinance is part of the Recycled Water Master Plan project. LOCAL PREFERENCE Local preference was not considered because this amendment to the Fresno Municipal Code does not include a bid or award of a construction or services contract. FISCAL IMPACT City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-140 Agenda Date:7/31/2014 Agenda #: There will be no direct fiscal impact to the General Fund or Enterprise Fund on the implementation of the Recycled Water Ordinance.The Ordinance will apply to all Council Districts as recycled water projects develop. Attachment: 1.Proposed Recycled Water Ordinance City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ RECORDING REQUESTED BY: Department of Public Utilities City of Fresno No Fee [Gov't Code ' ' 6103 8.273831 WHEN RECORDED MAIL TO: Stephen A. Hogg Department of Public Utilities Wastewater Management Division Cþ of Fresno 2600 Fresno Street, Fresno, California 937 2l -3 602 TITLE OF DOCUMENT Adopt an Ordinance of the City of Fresno, California, adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycledwater for plumbing and landscape irrigation and referred to as the "Recycled Water Ordinance" and applicable to all Council districts as recycled water availability andfuture related proj ects develop (Citywide) ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORN¡A, ADDING ARTICLE 9 OF CHAPTER 6 OF THE FRESNO MUNICIPAL CODE RELATING TO THE USE OF RECYCLED WATER FOR PLUMBING AND LANDSCAPE IRRIGATION WHEREAS, the people of the State of California have a primary interest in the development of facilities to reuse water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the State (California Water Code, Section 13510); WHEREAS, conservation of all available water resources requires the maximum reuse of wastewater for beneficial uses of water (Water Code Section a61); WHEREAS, continued use of potable water for irrigation of greenbelt areas and other non-potable uses may be an unreasonable use of such water where recycled water is available; WHEREAS, the State Water Resources Control Board adopted Resolution No. 2009-0011, which intends to establish requirements to increase the use of recycled water in California; WHEREAS, the State Water Resources Control Board adopted an Order, which creates General Waste Discharge Requirements for Landscape lrrigation Uses of Municipal Recycled Water (General Permit); and WHEREAS, the City of Fresno Urban Water Management Plan (Resolution No. 2008-207, August 19, 2008) identifies the City's need to develop 25,000 acre-feet per Date Adopted: Date Approved Effective Date: City Attorney Approval: Page 1 of 14 Ordinance No. year of recycled water by 2025 to offset potable water use in order to help meet future water supply needs for the Fresno Metropolitan area; THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Article 9 is added to Chapter 6 of the Fresno Municipal Code to read: ARTICLE 9 RECYCLED WATER ORDINANCE Section 6-901. Title.6-902. Purpose and lntent.6-903. Definitions.6-904. Administration.6-905. User Agreement.6-906. Application Process for User Agreement.6-907. Recycled Water Service Eligibility.6-908. Requirements to Use Recycled Water.6-909. Voluntary Use lnside and Outside of the Recycled Water Project Area.6-911. Construction and Dust Control Activities.6-913. Sanctions.6-915. Conflicting Provisions. SECTION 6-901. TITLE. This section shall be known as the "Recycled Water Ordinance" of the City of Fresno and may be so cited. SECTION 6-902. PURPOSE AND INTENT. The purpose and intent is to provide recycled water to all service areas in the City identified in the Recycled Water Master Plan (Plan) (currently under development) and subsequent additions, revisions or updates of the Plan. lt is the intent of the City that existing owners of property and future development, identified in the Master Plan as being potential users within areas designated for recycled water use, qualify for a recycled water use agreement from the City in accordance with this Recycled Water Ordinance. Page 2 of 14 It is also the intent of the City that such recycled water be used in a manner and for types of uses that are in compliance with any and all applicable Federal, State and local statues, ordinances, regulations and other requirements. SECTION 6-903 DEFINIT¡ONS. (a) "Approved use" means the uses defined by State law as being approved for use of tertiary treated recycled water. (b) "Cross-connection" means any unapproved and/or unprotected connection between a potable water system and a nonpotable system. No cross connections are allowed between recycled water and potable water systems. (c) "Customer", "Consumer", or "User" means a person or entity having a connection to the recycled water system or potable water system owned and operated by the City. (d) "Dual plumbed system" means a system that utilizes separate piping systems for recycled water and potable water within a facility and where the recycled water is used for either of the following: a. To serve plumbing outlets (excluding fire suppression systems) within a building, or b. Outdoor landscaping irrigation residences. at individual (e) "On-site recycled water system" means facilities under the control of the owner, normally downstream of the recycled water meter. Page 3 of 14 (f) "Potable water" means water which conforms to the Federal, State and local standards for human consumption. (g) "Recycled water" means non-potable tertiary treated water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not othenruise occur and is therefore considered a valuable resource. (h) "Recycled water distribution system" means recycled water pipelines, transmission mains, pump stations, storage reservoirs, and appurtenances acquired or constructed and owned by the City, and used for the conveyance of recycled water between the wastewater treatment plant and the recycled water service connections, (i) "Recycled water project area" means those geographical areas identified in the Fresno Recycled Water Master Plan and designated by the City to which the City will provide recycled water service where it is expected to be available. Customers within the Recycled Water Project Area are eligible for recycled water service for approved uses when it becomes available. ü) "Recycled water service connection" means the point of connection (POC) of the user/customer's recycled water line with the recycled water service line of the City, which shall normally be the downstream end of the recycled water meter tailpiece. (k) "Rules and regulations" means the Rules and Regulations for Recycled Water Use and Distribution within the City of Fresno. Page 4 of 14 (l) "Use area" means an area of recycled water use with defined boundaries. A use area may contain one or more facilities. SECTION 6-904. ADMINISTRATION. The Director of the Department of Public Utilities (Director) shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties imposed upon the Director may be delegated by the Director to persons in the employ of the City. The Director will develop and enforce rules and regulations necessary to the administration of this section. The Director may amend such rules and regulations from time to time as conditions require. These rules and regulations shall be consistent with the general policy established herein by the City. SECTION 6-905. USER AGREEMENT. Recycled water shall not be delivered, used, or discharged upon any property or use area not owned or controlled by the City unless a user agreement has been established. The City will issue to each recycled water customer a user agreement for each site or combination of sites, which grants permission to use recycled water and requires the customer to use recycled water in accordance with the rules, regulations and standards of the City's Recycled Water Rules and Regulations and all applicable State and local rules and regulations, including Titles 17 and 22 of the California Code of Regulations (CCR), as may be amended from time to time. SECTION 6-906. APPLICATION PROCESS FOR USER AGREEMENT. Applicants shall file applications for recycled water use with the Department of Public Utilities. The application shall contain such information as required by the Page 5 of 14 Department of Public Utilities. The application shall be reviewed for conformance with the requirements in this section, the Recycled Water Master Plan and all other applicable statutes. Upon determination that a property shall be served with recycled water, or adoption of a condition for development approval requiring use of recycled water, and approval of the application, the owner of the property may become a user by entering into a user agreement that complies with the regulations and such other requirements deemed necessary by the Department of Public Utilities. SECTION 6-907. RECYCLED WATER SERVICE ELlclBlLlTY. All areas served by potable water service within the Recycled Water Project Area are eligible for recycled water service connections for approved uses when recycled water becomes available. However, the Director, or his or her designee, may determine that currently, connection to the recycled water system is not economically or operationally feasible because of distance from an available recycled water source or other such condition as the Director, or his or her designee, deems appropriate. This determination can change as the system is expanded or revised in the future and will be considered at that time. SECTION 6-908. REQUIREMENT TO USE RECYCLED WATER. The City reserves the right to require all customers who connect (or desire to connect) to the City potable water system on or after January 1,2015 to use recycled water in-lieu of potable water for all approved uses, including, but not Page 6 of 14 limited to, dual plumbing requirements for commercial buildings and single family residential irrigation. Upon application by a developer, owner or water customer for a tentative map, subdivision Íìap, land use permit, or other development project, the Director shall review the Master Plan and make a preliminary determination whether the current or proposed use of the subject property require it to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future, due to its location within an existing or proposed Recycled Water Project Area. Based upon such determination, an agreement for such use may be required as a condition of approval of any such application, in addition to any other conditions of approval or service. a. Requirement for Commercial Properties in Recycled Water Project Area. Existinq Commercial: Existing commercial properties in the Recycled Water Project Area are required to use recycled water for landscape irrigation. Owners of existing commercial properties shall connect to the recycled water system or must provide a feasibility study to apply for an exception to this Recycled Water Ordinance. New Commercial: Projects involving new commercial subdivision of land for which a tentative map or parcel map is required and are located within the Recycled Water Project Area, shall be conditioned to be dual plumbed to provide for the internal use of recycled water and to provide for the use of recycled water for landscape irrigation. The point of connection to the recycled water distribution Page7 of 14 system shall be coordinated between the customer and the City. The Director will determine requirements for recycled water plumbing. These requirements and the use of recycled water will become conditions of approval. b. Requirement for lndustrial Projects in the Recycled Water Project Area. Existinq lndustrial: Existing industrial properties in the Recycled Water Project Area are required to use recycled water for landscaping. Owners of existing industrial properties shall connect to the recycled water system or must provide a feasibility study to apply for an exception to this Recycled Water Ordinance. New lndustrial: New industrial projects which require a City permit and which are located within the Recycled Water Project Area are required to provide dual plumbing for internal uses of recycled water and to provide for the use of recycled water for landscape irrigation. Such projects must also provide a feasibility study analyzing the possibility of using recycled water for industrial processes and cooling. The Director will determine requirements for recycled water plumbing. The feasibility study and, if applicable, any City requirements for the use of recycled water will become conditions of approval. c. Requirement for Institutional and Governmental Use in the Recycled Water Project Area. New lnstitutional and Governmental Projects: New institutional and governmental projects which are located within the Recycled Water Project Area are required to be dual plumbed to provide for the internal use of recycled water Page I of 14 and to provide for the use of recycled water for landscape irrigation. The Director will determine requirements for recycled water plumbing. These requirements and the use of recycled water will become conditions of approval. d. Requirement for Residential Uses in the Recycled Water Project Area. New Apartments and Condominiums: Apartment and Condominium projects involving new commercial subdivisions of land for which a tentative map or parcel map is required and are located within the Recycled Water Project Area, shall be conditioned to be dual plumbed to provide for the internal use of recycled water and to provide for the use of recycled water for landscape irrigation in common areas. The point of connection to the recycled water distribution system shall be coordinated between the customer and the City. The Director will determine requirements for recycled water plumbing. These requirements and the use of recycled water will become conditions of approval. New Single Family Residential Homes: Single family residential home projects involving new residential subdivisions of land for which a tentative map or parcel map is required and are located within the Recycled Water Project Area, shall be conditioned to provide for landscape irrigation with recycled water. The point of connection to the recycled water distribution system shall be coordinated between the customer and the City. These requirements and the use of recycled water will become conditions of approval. Existinq Apartments and Condominiums: Existing apartment and condominiums are required to use recycled water for landscape irrigation in Page 9 of 14 common areas. Owners of existing apartment and condominium properties shall connect to the recycled water system or must provide a feasibility study to apply for an exception to this Recycled Water Ordinance. Home Owner Associations: Home Owner Associations are required to use recycled water for landscape irrigation in common areas. Home Owner Associations shall connect to the recycled water system or must provide a feasibility study to apply for an exception to this Recycled Water Ordinance. SECTION 6-909. VOLUNTARY USE INSIDE AND OUTSIDE OF THE RECYCLED WATER PROJECT AREA. a. Existing Commercial Properties in the Recycled Water Project Area. Existing Commercial Properties: Existing commercial properties that are in the Recycled Water Project Area shall consider using recycled water for internal dual plumbing, internal cooling towers and evaporative coolers. b. Commercial Properties Outside of the Recycled Water Project Area. New and Remodeled Commercial Properties: New and remodeled commercial properties that are located outside of the Recycled Water Project Area shall consider the feasibility of providing for internal dual plumbing and providing for the use of recycled water for landscape irrigation, as recycled water may be extended beyond the Recycled Water Project Area. c. Existing lndustrial Properties in the Recycled Water Project Area. Page 10 of 14 Existing lndustrial Properties: Existing industrial properties in the Recycled Water Project Area shall consider the feasibility of using recycled water for internal dual plumbing. d. Existing and New lnstitutional and Governmental Use. Existins lnstitutional and Governmental Properties: Existing institutional and governmental properties in the Recycled Water Project Area shall consider the feasibility of using recycled water for internal dual plumbing and landscape irrigation. New lnstitutional and Governmental Properties Outside of Recycled Water Project Area: New institutional and governmental properties that are located outside of the Recycled Water Project Area shall consider the feasibility of using recycled water for internal dual plumbing and landscape irrigation, as recycled water is expected to be extended beyond the Recycled Water Project Area. e. Residential Uses Outside of Recycled Water Project Area Remodeled Apartments and Condominiums: Remodeled apartment and condominium properties shall consider the feasibility of dual plumbing to provide for the internal use of recycled water and using recycled water for landscape irrigation in common areas. Existinq Apartments and Condominiums: Existing apartment and condominiums shall consider the feasibility of using recycled water for landscape irrigation in common areas. PagelloÍ14 Home Owner Associations: Home Owner Associations are encouraged to consider the feasibility of using recycled water for landscape irrigation in common areas. These statements apply to residential uses outside of the Recycled Water Project Area as recycled water may be extended beyond the current Recycled Water Project Area. f. lndustrial Projects; Inside and Outside of Recycled Water Project Area. All existing and new industrial projects shall consider the feasibility of providing for the use of recycled water for industrial processes and cooling and dual plumbing. SECTION 6-910. EXISTING POTABLE WATER SERVICE: VOLUNTARY RETROFITS. Existing potable water customers in the Recycled Water Project Area may be provided with the opportunity by the City to retrofit their system to accept recycled water, such as existing commercial properties and existing institutional and governmental properties. SECTION 6-911. CONSTRUCTION AND DUST CONTROL ACTIVITIES. Any person applying for a construction permit for a project that includes dust control activities is required to use recycled water for those activities within the Recycled Water Project Area. SECTION 6-912. RECYCLED WATER RULES AND REGULATIONS. The City will at all times have Recycled Water Rules and Regulations which will be prepared, maintained and updated by the Director, or his or her designee. Page 12of 14 The purpose of the Recycled Water Rules and Regulations is to detail the requirements of the City's recycled water system, namely: this section; the California Code of Regulations Titles 17 and 22;and other State and local rules and regulations related to the use of recycled water as they may be adopted or changed from time to time. SECTION 6-913. SANCTIONS. Any owner and or operator who violates this Recycled Water Ordinance may, for each day of violation, or portion thereof, be subject to penalties in accordance with Chapter 1, Article 3 of the City Municipal Code. SECTION 6-914. ENFORCEMENT. Any person, firm, corporation, association, or agency found to be violating any provisions of this section or the terms and conditions of the user agreement, permit or any applicable Federal, State, County, or City statute, regulation, resolution, ordinance or other requirement may be subject to termination of the recycled water service without notice. SECTION 9-915. CONFLICTING PROVISIONS. ln the event of any conflict, between the provisions of the most current version of the Uniform Pfumbing Code, and the provisions of this Section, the provisions of this Section shall apply. SECTION 9-916. SEVERABILITY. lf any section, subsection, provision or part of this Recycled Water Ordinance, or its application to any person or circumstance, is held to be unconstitutional or othenruise invalid, the remainder of this Recycled Water Ordinance, and the application of such provision to other Page 13of 14 person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Recycled Water Ordinance are severable. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return : 2014 2014 2014 2014 Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Brandon M. Collet, Deputy Date BMC:prn 16461 lprn/ordl 05-19-1 4 WONNE SPENCE, CMC City Clerk BY: Deputy Page 14 of 14 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-086 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL Date:July 17, 2014 FROM:BRIAN R. MARSHALL, Director Department of Transportation/FAX BY:JOHN DOWNS,Planning Manager Department of Transportation/FAX SUBJECT Award a contract in the amount of $411,751 to Kimley-Horn and Associates, Inc. for design and engineering services for Bus Rapid Transit (BRT) station area enhancements associated with the Bus and Bus Livability Grant - Bid File No. 100413JD RECOMMENDATION Staff recommends Council award a contract in the amount of $411,751 to Kimley-Horn Associates for design and engineering services associated with Van Ness/Mariposa BRT station area enhancements. EXECUTIVE SUMMARY The purpose of this project is to significantly improve pedestrian safety and enhance passenger experience associated with the signature BRT station located at Van Ness and Mariposa.This project will also provide critical connectivity between Courthouse Park and the Fulton Corridor. On October 4,2013,the City of Fresno,Department of Transportation/Fresno Area Express (FAX) issued a Request for Qualifications (RFQ)for design and engineering services associated with Van Ness/Mariposa BRT station area enhancements.Kimley-Horn and Associates,Inc.(KHA)was the only firm to submit a Statement of Qualifications (SOQ)before the due date.Because these enhancements are an integral part of the BRT project and because the Bus and Bus Livability Grant was not awarded until after the BRT designs services contract was issued,the Federal Transit Authority (FTA)required this scope of services be issued as a competitive procurement.Although several firms made inquiries regarding this project,when they realized the project was at 60 percent design,and the current design firm was eligible to submit an SOQ,they all indicated they were not likely to submit SOQs. Staff evaluated the KHA SOQ and found the firm to be well qualified. City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-086 Agenda Date:7/17/2014 Agenda #: The specific enhancements associated with this project include a mid-block pedestrian crosswalk across Van Ness at Mariposa,pedestrian controlled traffic signals at the crosswalk,a pedestrian bridge on the park side of the street to accommodate a direct link from the Mariposa Mall to Courthouse Park,and new public restroom(s)on or near the Mariposa Mall.These enhancements are being funded by a $2,445,300 Bus and Bus Livability Grant from the FTA. BACKGROUND The City of Fresno,through FAX,has received a $2,445,300 Bus and Bus Livability Grant from the FTA.The purpose of the grant is to provide pedestrian access improvements,transportation corridor improvements, and replace or modernize intermodal facilities. This grant was specifically awarded to provide BRT station area enhancements associated with the Mariposa and Van Ness BRT station;to improve the connectivity between the Courthouse Park transfer stations,the Mariposa Mall,and the future High Speed Rail Station;and to build a strong connection with the Fulton corridor. On October 4,2013,FAX issued an RFQ for design and engineering services associated with Van Ness/Mariposa BRT station area enhancements.KHA was the only firm to submit an SOQ on October 15,2013,when SOQs were due.Because these enhancements are an integral part of the BRT project and because the Bus and Bus Livability Grant was not awarded until after the BRT designs services contract was issued,FTA required this scope of services be issued as a competitive procurement.Several firms made inquiries regarding this project,but when they realized the project was at 60 percent design and the current design firm was eligible to submit an SOQ,they all indicated they were not likely to submit proposals.Staff evaluated the KHA SOQ and found the firm to be well qualified. The specific enhancements associated with this project include a mid-block pedestrian crosswalk across Van Ness at Mariposa,pedestrian controlled traffic signals at the crosswalk,a pedestrian bridge on the park side of the street to accommodate a direct link from the Mariposa Mall to Courthouse Park, and new public restroom(s) on or near the Mariposa Mall. FAX will be using a City standard Architectural and Engineering Consultant Agreement for FTA funded contracts greater than $100,000.The contract has been reviewed and approved by the City Attorney’s Office. ENVIRONMENTAL FINDING Council approved the Initial Study Supplemental Mitigated Negative Declaration (ISSMND)on March 20, 2014. LOCAL PREFERENCE Not applicable due to the use of state and federal funding. FISCAL IMPACT City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-086 Agenda Date:7/17/2014 Agenda #: This contract is funded with grants from the FTA and California Proposition 1b. The General Fund is not impacted. Attachments Agreement City of Fresno, California Consultant Services Scope of Services City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ Bus Livability; +100K A&E CONSULT FED 05-13-14 1 AG REEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the _____ day of ___________, 2014, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and Kimley-Horn and Associates, Inc. a North Carolina corporation (hereinafter referred to as "CONSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional engineering and architectural services for the design of plans and general construction contract documents for livability improvements associated with the Van Ness/Mariposa Bus Rapid Transit (“BRT”) station, including roadway improvements, sidewalks and bulb-outs, mid-block traffic signal, pedestrian bridge, renovation of the existing bathrooms in the underground parking structure, and new lighting into the existing pedestrian underpass, hereinafter referred to as the “Project;” and WHEREAS, CONSULTANT is engaged in the business of furnishing technical services as a civil engineering consultant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid with Fresno Area Express/ Transportation Department funds and reimbursed with pledged Federal Transportation Administration Funds as they are made available; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by the Fresno Area Express/ Transportation Department Director (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform the services described herein in Exhibit A to complete the Project. The services of CONSULTANT shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon CITY’S issuance of a written "Notice to Proceed," CITY contracts for the services in Part One. CONSULTANT shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by CITY’S issuance of a written “Notice to Proceed.” It shall, however, remain CONSULTANT’S offer to perform all remaining Parts described herein. In the event CONSULTANT performs services without CITY’S prior written authorization, CONSULTANT will not be entitled to compensation for such services. (a) Part One. Schematic Design Phase. (1) CONSULTANT shall review the description of the Project set forth in Exhibit A and consult with designated representatives of CITY to ascertain the requirements of the Project. Bus Livability; +100K A&E CONSULT FED 05-13-14 2 (2) CONSULTANT shall conduct studies and investigations as necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining readil y avai la bl e information and data from the respective responsible CITY department/division that is available in CITY’S records and is required by CONSULTANT in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions and easements. CONSULTANT shall notify CITY if a topographic survey is required. (3) CONSULTANT shall provide a preliminary evaluation of the Project taking into consideration CITY’S estimate of the cost of construction (“Construction Budget”) of Two Million, Four Hundred Forty-Five Thousand, Three Hundred Dollars and zero cents ($2,445,300.00), including alternative approaches to design and construction of the Project. (4) Based upon the mutually agreed upon Project requirements and any adjustments authorized by CITY in the Construction Budget, CONSULTANT shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by CITY staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (5) CONSULTANT shall submit a preliminary estimate of construction cost for review and acceptance by CITY. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include CONSULTANT’S compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (6) CONSULTANT shall assist CITY in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY. (7) CONSULTANT may not rely upon any as-builts provided by CITY, but shall investigate the existing conditions and ascertain the adequacy of such as-builts for CONSULTANT'S design. CONSULTANT shall bring to CITY'S attention any discrepancies in the as-builts that are discovered by CONSULTANT. CITY makes no representations regarding any as-builts. (8) Services shall be undertaken and completed in a sequence to allow for expeditious completion. All services shall be rendered and deliverables submitted within eighty (80) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within ten (10) calendar days from receipt of CITY’S comments unless an extension of time is approved in writing by the Director. (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: Bus Livability; +100K A&E CONSULT FED 05-13-14 3 (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, CONSULTANT shall prepare for review and acceptance by CITY the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, CONSULTANT shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by CITY. (2) CONSULTANT shall submit a revised estimate of construction cost for review and acceptance by CITY. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the revised estimate and CONSULTANT shall, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by CITY. CITY shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in CONSULTANT’S compensation. If revisions are required for circumstances outside of the Consultants control, then these revisions will be considered additional services. (4) CONSULTANT shall assist CITY in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY. (5) Services shall be undertaken and completed in a sequence to allow for expeditious completion. All services shall be rendered and deliverables submitted within eighty (80 ) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within ten (10) calendar days from receipt of CITY’S comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed with this Part Three: (1) CONSULTANT shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. CONSULTANT shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical Bus Livability; +100K A&E CONSULT FED 05-13-14 4 specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by CITY. CONSULTANT shall cooperate with, assist and be responsive to CITY’S Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. CITY’S Standard Specifications must be used by CONSULTANT where possible. Final drawings shall be drawn, printed or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by CITY shall be used by CONSULTANT unless the Director determines they would be impractical for this Project. CONSULTANT shall be responsible for checking that the special conditions, technical specifications and any other documents prepared by CONSULTANT are consistent with any documents regularly used by CITY that are used for this Project. (2) Upon request of CITY, CONSULTANT shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) CONSULTANT shall assist CITY in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY. (4) CONSULTANT shall provide CITY with seven (7) sets of completed plans and seven (7) sets of completed specifications for review and final acceptance by CITY. Should the plans and specifications as submitted by CONSULTANT not be accepted by CITY, CONSULTANT shall revise the plans and specifications as needed to obtain final acceptance. However, if revisions are required for circumstances outside of Consultants control, then these revisions will be considered additional services. (5) After acceptance of final corrections, if any, CONSULTANT shall provide CITY with one set of accepted reproducible tracings and bid documents for the Project. In addition, CONSULTANT shall provide CITY with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: AutoCAD 2012. (6) CONSULTANT shall submit a final estimate of construction cost for review and acceptance by CITY. Such estimate shall be calculated as of the date all general construction contract documents are delivered to CITY in final form ready for reproduction and advertising. Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the final estimate. If CITY elects to reject the final estimate, CONSULTANT shall, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction Bus Livability; +100K A&E CONSULT FED 05-13-14 5 cost previously accepted by CITY. If revisions are required for circumstances outside of Consultants control, then these revisions will be considered additional services. (8) Services shall be undertaken and completed in a sequence to allow for expeditious completion. All services shall be rendered and deliverables submitted within twenty (20 ) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within twenty (20) calendar days from receipt of CITY’S comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if CITY elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four: (1) CONSULTANT shall assist CITY in obtaining bids. CONSULTANT shall not communicate with potential bidders regarding this Project without the express prior written authorization of CITY’S Purchasing Manager. (2) CONSULTANT shall, within seven (7) calendar days of any request by CITY, expeditiously draft and promptly provide addendum as determined by CITY to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by CITY, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, CONSULTANT shall, within fourteen (14) calendar days of any request by CITY, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, provided such bid is received within one hundred eighty (180) calendar days after completion of services in Section 1(c) of this Agreement. CONSULTANT shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to CITY for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to CONSULTANT from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more than 10%. If revisions are required for circumstances outside of Consultants control, then these revisions will be considered additional services. (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five, and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through CITY’S designated Construction Manager for the Project: (1) CONSULTANT shall attend the pre-construction conference and, if called upon by CITY, act on CITY’S behalf in discussing the various aspects of the construction phase. (2) CONSULTANT shall review and recommend in writing to CITY acceptance or non-acceptance of shop drawings, equipment and material submittals of Bus Livability; +100K A&E CONSULT FED 05-13-14 6 the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for CONSULTANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by CITY, CONSULTANT and the general construction contractor. (3) CONSULTANT shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep CITY informed of the progress of the work. In the event that CONSULTANT’S visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, CONSULTANT shall immediately advise CITY and document, in writing, the work CONSULTANT deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on CONSULTANT’S best knowledge, information and belief, CONSULTANT shall provide CITY a general written statement that the work covered by a payment application which meets the standards in the general construction contract. As to technical aspects, CONSULTANT shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to CITY’S right to overrule CONSULTANT. (4) Upon written request by CITY, CONSULTANT shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by CITY, CONSULTANT shall render written recommendations on change orders, claims, disputes or other questions arising out of the general construction contract, in a timely manner. Recommendations by CONSULTANT in favor of a change order that is consequently accepted by CITY shall constitute approval by CONSULTANT who shall then approve the change order in writing. CONSULTANT shall not unreasonably withhold written approval in the event CITY accepts a change order that CONSULTANT recommended to be rejected, in which case Consultant shall not be held liable for City’s approval of such change order. In the event of any technical disputes, CONSULTANT shall provide CITY with CONSULTANT’S written interpretation of the contract documents. The period for CONSULTANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by CITY, CONSULTANT and the general construction contractor. If CITY, CONSULTANT and the respective general construction contractor are unable to mutually agree on such period for CONSULTANT review, then CITY will make the determination and that determination will be final. (6) Upon written request by CITY, CONSULTANT shall provide such design and specification services as may be requested by CITY to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by CONSULTANT. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in CONSULTANT’S compensation. Bus Livability; +100K A&E CONSULT FED 05-13-14 7 (8) Upon written request of CITY, CONSULTANT shall assist CITY in the preparation of Progress Payment Estimates and other related construction reports. (9) CONSULTANT shall provide CITY with two sets of original as- grade plans wet-stamped and signed by the CONSULTANT’S Engineer of Record for the Project submitted for final approval by the CITY’s Building and Safety Services Division of the Development and Resource Management Department (10) CONSULTANT shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the CITY, (iii) CONSULTANT provided Request for Information responses, and (iv) any CONSULTANT bulletins, amendments or clarifications. CONSULTANT shall provide CITY with one set of vellum Record Drawings for the Project within thirty (30) calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within ten (10) calendar days from receipt of CITY comments unless an extension of time is approved in writing by the Director. In addition, CONSULTANT shall provide CITY with one complete set of CAD/System disk files of Record Drawings in the following format: AutoCAD 2012. 2. CITY’S responsibilities. CITY will: (a) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (b) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITY. (c) Prepare all change orders during construction in cooperation with CONSULTANT. (d) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT’S best knowledge, information and belief. (e) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (f) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (g) Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in Bus Livability; +100K A&E CONSULT FED 05-13-14 8 CONSULTANT’S program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director. 3. Compensation. (a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Four Hundred Eleven Thousand, Seven Hundred Fifty -One Dollars and Twenty-two Cents ($411,751.22). Such fee includes all expenses incurred by CONSULTANT in performance of the services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. Such statements shall be for an amount no greater than that attributable to the Part upon which CONSULTANT is then engaged as provided in Section 3(c) below. (c) For purposes of determining the division of the total compensation to CONSULTANT as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by CITY as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts of CONSULTANT’S performance as follows: Part 1 - 40%, Part 2 - 40%, Part 3 - 10%, Part 4 - 5% and Part 5 - 5%. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to CONSULTANT. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) seven (7) calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be Bus Livability; +100K A&E CONSULT FED 05-13-14 9 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) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence. (g) CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY’S option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Ag reement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or Bus Livability; +100K A&E CONSULT FED 05-13-14 10 object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by 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 CONSULTANT will be at CITY’S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (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 loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of 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. Bus Livability; +100K A&E CONSULT FED 05-13-14 11 8. Insurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and Bus Livability; +100K A&E CONSULT FED 05-13-14 12 duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY’S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. Bus Livability; +100K A&E CONSULT FED 05-13-14 13 (ii) Immediately contact CITY’S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms and Federal Requirements. (a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 10(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) CONSULTANT’S services pursuant to this Agreement shall be provided under the supervision of Brian Sowers, P.E., Senior Associate, and he/she shall not assign another to supervise CONSULTANT’S performance of this Agreement without the prior written approval of the Director. (e) CITY will carry out applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, CONSULTANT agrees to comply with all applicable federal requirements identified in Exhibit D and require that each subcontract include the same requirements by each of its subcontractors. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of 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: Bus Livability; +100K A&E CONSULT FED 05-13-14 14 (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, 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) 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 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. Bus Livability; +100K A&E CONSULT FED 05-13-14 15 (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance w ith 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 Bus Livability; +100K A&E CONSULT FED 05-13-14 16 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. 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 CITY and CONSULTANT. Bus Livability; +100K A&E CONSULT FED 05-13-14 17 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Brian R. Marshall Date Director Fresno Area Express/ Transportation Department ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy APPROVED AS TO FORM: City Attorney’s Office By: Mary Anne B. Tooke Date Deputy REVIEW ED BY: KIMLEY-HORN AND ASSOCIATES, INC. a North Carolina corporation By: Name: Title: (Board Chair, Pres. or Vice Pres.) By: Name: Title: (CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: C 68897 Name: John Pulliam Date of Issuance: June 24, 2005 John Downs, Planning Manager Fresno Area Express/ Transportation Department Addresses: CITY: City of Fresno Attention: Brian R. Marshall Director of Transportation 2223 G Street Fresno, CA 93706 Phone: (559) 621-1454 FAX: (559) 488-1065 CONSULTANT: Kimley-Horn and Associates, Inc. Attention: John Pulliam, Associate 6150 Stoneridge Mall Road, Suite 200, Pleasanton, CA 94588 Phone: (925) 398-4856 FAX: None Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Disclosure of Conflict of Interest 4. Exhibit D - Federal Requirements Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 1 of 7 Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”) DESIGN AND ENGINEERING SERVICES FOR ASSOCIATED BUS AND BUS LIVABILITY GRANT WORK FOR THE MARIPOSA/VAN NESS BUS RAPID TRANSIT STATION AREA PROJECT TITLE Van Ness Avenue between Fresno Street and Tulare Street is being revised to accommodate the proposed Fresno Bus Rapid Transit (BRT) project. This proposed additional work includes a new mid-block pedestrian traffic signal, new sidewalks and bulb outs, median islands, new aesthetic railing, and a pedestrian bridge. The proposed mid-block pedestrian signal for Van Ness Avenue would require new signal pole foundations, possibly supported/anchored to the top of the existing underground parking structure. In addition, it is assumed that the existing railing at Van Ness will be removed and replaced with a more aesthetic railing. The proposed pedestrian bridge will carry pedestrians from Van Ness Avenue over the existing parking structure access stairs and ramps. For ADA compliance, a 10-foot wide concrete slab bridge with a gentle profile and vertical curves are anticipated. Unlike steel, a concrete slab bridge could be formed to produce slow transition from the roadway surface down to the stair landing. The pedestrian bridge would be connected to the roof of the park ing structure with new concrete columns extending through the multi-level to the lowest level. The concrete columns would require new foundations at the lowest level of the parking structure. The existing parking structure access stairs will likely need to be modified to accommodate the proposed pedestrian bridge. The existing bathrooms in the parking garage will also be renovated. TASK 1 – PROJECT MANAGEMENT Kimley-Horn and Associates, Inc. (Kimley-Horn) will provide project management services f or this additional working, following the original Fresno BRT project scope. Kimley-Horn will coordinate with subconsultants PIVOT, LCNA, Biggs Cardosa, AECOM, Quad Knopf, and Blackburn Consulting for design of the revised improvements around the Van Ness BRT station. Kimley-Horn will also work closely with the City to prepare and refine design concepts. The Kimley-Horn project manager and ITS/Systems/Traffic Lead will meet with the City Public Works Department and others at the City to review the proposed improvements and work to address and incorporate their comments into the final concept. Kimley-Horn will also perform QC/QA services for this additional work. Our QC/QA will follow the Fresno BRT QC plan. Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 2 of 7 TASK 2 – DATA GATHERING Sub-Task 2.1 Site Survey and Record Research Our subconsultants Quad Knopf and AECOM will gather additional data in an expanded area around the two Van Ness BRT stations. Our team will provide data gathering services as outlined in the original scope. Kimley-Horn will coordinate its effort for efficiently performing field reconnaissance and gathering the required data/information. We will compile copies of these drawings, digitally (when available) and hard copies for the older mapping, and create a list of the archive improvement plans found. Kimley-Horn will research governing agencies to locate and review readily availab le record drawings for the additional features around the new BRT station location. The drawings will include street plans, survey plats, Right of way maps, etc. We will provide additional topographic data collection (mobile LIDAR supplemented by expanded field surveys). We assume we can utilize the existing aerial captured for the BRT project, along with the right-of-way lines resolved for the BRT under the BRT contract. Our subconsultant Blackburn Consulting will provide geotechnical services for this effort, including completing a Draft and Final Foundation Report for design of the signal-span pedestrian bridge. Sub-Task 2.2 Coordinate, Obtain Permits, and Mark for USA Blackburn will coordinate with the client to discuss the project issues and schedule. They will review the site for drill rig access, mark the exploratory boring location and notify Underground Service Alert (USA). Blackburn will obtain an encroachment permit from the City of Fresno for drilling and access through City property. Blackburn assumes that the City will waive any encroachment permit fees and bond requirements. Should these be required, they will be considered additional services. Sub-Task 2.3 Subsurface Exploration Blackburn will drill, log and sample one exploratory boring to a depth of about 50 feet below existing grade at the top of the existing stairway near the proposed east abutment. Blackburn will core the existing concrete flatwork, and then advance the boring with 4-inch to 6-inch diameter solid or hollow stem augers, collecting samples at approximate 5-foot intervals with Standard Penetration Test (SPT) or California Modified samplers. A Blackburn Engineer or Geologist will log the boring and direct the sampling operations. Blackburn will backfill the boring with native cuttings, and patch the upper 10 inches with concrete. Sub-Task 2.4 Laboratory Testing Blackburn will perform the following laboratory tests on relatively undisturbed samples or bulk samples obtained from the exploratory borings: • Moisture Content and Unit Weight for bearing capacity, lateral capacity, and settlement analyses. • Sieve Analysis and Plasticity Index for classification and soil expansion potential. • Resistivity, pH, Sulfate Content and Chloride Content for soil corrosivity analysis. Sub-Task 2.5 Evaluation and Analysis Blackburn will perform evaluation and engineering analysis (using computer software where applicable) for the following: foundation bearing capacity; lateral earth pressures; site seismicity (distance to nearby faults, peak ground acceleration (ARS curve) and liquefaction Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 3 of 7 potential); and soil corrosivity in accordance with current Caltrans guidelines and recommendations. Blackburn will also evaluate suitable L-Pile soil parameters for lateral pile analysis to be performed by Biggs Cardosa Associates, Inc. Sub-Task 2.6 Draft and Final Foundation Report Blackburn will prepare and submit a Draft Foundation Report. The report will include preliminary recommendations for bridge design in general accordance with current Caltrans guidelines including: Scope of Work; Site Description; Project Description; Field Exploration; Laboratory Testing; Site Geology and Subsurface Conditions; Seismic Data and Evaluation; Liquefaction Evaluation; Foundation Recommendations, L-Pile Soil Parameters, Lateral Earth Pressures; Construction Considerations; Location Map; Log of Test Borings; and Laboratory Test Results. Blackburn will submit the Draft Foundation Report for distribution to the project review team. Once we receive all draft report comments, we will complete the Final Foundation Report. Blackburn will complete the Draft Foundation Report within 4-6 weeks of receiving a fully signed agreement assuming that encroachment permit restrictions that prevent or delay Blackburn from completing the boring. Blackburn will complete the Final Foundation Report within 1-2 weeks after receiving all draft report comments. Sub-Task 2.7 Traffic Analysis Kimley-Horn will evaluate the proposed Van Ness BRT station operation in relation to the adjacent Van Ness Avenue/Fresno Street and Van Ness Avenue/Tulare Street intersections. The operational evaluation will consider near-term and cumulative traffic conditions (without and with the station). The evaluation will also consider the effects of closing the free right turn from the underground parking garage onto Fresno Street (i.e. without and with the driveway closure). Traffic volumes will be obtained from the 2012 traffic impact study prepared by Fehr and Peers for the BRT EIR. The evaluation will be completed using Highway Capacity Manual methodology within Synchro software and a memorandum will be prepared which includes text and tables describing the results. Level of service results will be compared to the significance criteria from the Fehr and Peers report and impacts will be identified if present. TASK 3 – UTILITY COORDINATION Utility coordination at this location will be performed in accordance with the original project scope but in an expanded area around the two BRT stations. Subconsultants AECOM and Quad Knopf will request, research, and gather readily available additional utility information to identify those utilities which could be affected by construction of the additional improvements at this location. They will also review utility information and determine additional utility conflicts that arise because of the revised design at this location. Once conflicts have been identified, the wet and dry utility coordinators will work with the respective utility companies and coordinate protect-in-place or relocation designs (assumed to be performed by the impacted utilities). This scope does not include utility relocation design by our team; this would be considered additional services. Our fee provides for up to 36 hours of wet utility coordination by AECOM and up to 36 hours of dry utility coordination by Quad Knopf. In addition, Quad Knopf will coordinate with PG&E to facilitate up to two (2) new electrical service points, one for the traffic signal and a second one for street/pedestrian lighting. Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 4 of 7 TASK 4 – CIVIL DESIGN AND PS&E PACKAGE This task includes preparation of construction documents (plans, special provisions and estimates) for the additional civil improvements at the Van Ness Ave location. It specifically excludes the design of the two new stations at Van Ness, as those are covered by the existing BRT contract. Our team will design and create PS&E for the new mid-block bulb-outs and sidewalk, roadway and median design along Van Ness (from Tulare to Fresno, including minor work across each intersection), signing and striping, and cost estimating. We will coordinate with the Structural subconsultant and Traffic Lead to assist in designing the signal pole foundations. The following 2 submittals will be provided: 60% PS&E – stand-alone submittal 100 % PS&E – combined with the BRT 100% deliverable Should additional revisions and submittals be required not due to Consultant’s negligence, errors, or omissions, these revisions will be considered additional services. TASK 5 – TRAFFIC DESIGN Kimley-Horn will perform traffic signal design for the new pedestrian mid-block traffic signal. This signal will require specialized foundations given their location on top of the existing parking garage. Biggs Cardosa will design those foundations as outlined in Task 6. Kimley-Horn will also design traffic signal modifications to the signals at Van Ness/Tulare and Van Ness/Fresno to accommodate the revised Van Ness geometry. This may include new detection, new signal poles with signal head realignment, new signal heads on existing poles, and/or new conduit and pull boxes to accommodate new poles. It is anticipated that the 60% PS&E for the Van Ness traffic signal will be a separate submittal from the BRT 60% due to the Fresno BRT schedule. It is anticipated that at the 100% submittal stage, the Van Ness improvements discussed in this scope would be combined with the BRT project 100% deliverable. TASK 6 – STRUCTURAL DESIGN AND ARCHITECTURE SERVICES Sub-Task 6.1 Structural Design Services The following structural design services will be performed by subconsultant Biggs Cardosa: General Scope of Work: Collaborate with the Traffic Engineer, Architect and Geotechnical to evaluate the new pedestrian signal poles, aesthetic railing, pedestrian bridge, public restrooms, light fixtures/poles and access stair design concepts. Prepare Construction Documents in digital format per requirements of local jurisdictions for the structural work related to the construction of new signal pole foundations, aesthetic railing, pedestrian bridge, public restrooms, light fixtures/poles and access stair modifications. Prepare Structural Calculations documenting the structural design. Participate and respond to the plans approval process as required to obtain necessary permits and approvals. Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 5 of 7 Structural Design Services: Collect and review existing data and as-built drawings. Review the existing underground parking structure drawings including post tension shop drawing (if available). Conduct a field review of the site, including the underground parking structure. Collaborate closely with Architect at all phases of the work to integrate the structural design and structural details with the bridge and railing architectural design. Prepare conceptual structural bridge plans, railing plans and misc detail sketches for the bridge prototype. Collaborate closely with the Traffic Engineer and Civil Lead, and design signal pole foundations. The foundations require the analysis of the existing underground parking structure to accommodate the additional loads. Collaborate closely with Architect at all phases of the work to integrate the structural design and details of the public restrooms with the architectural design. Prepare conceptual structural plans and misc. detail sketches as required. Collaborate closely with Electrical Engineer at all phases of the work to integrate the structural design and details of the light poles and fixtures Provide plans at the 60%, 90% and 100% milestones. Prepare structural calculations 60%, 90% and 100% milestones (as needed). Provide a specification list at the 60% milestone, draft specifications at the 90% milestone, and final specifications at the 100% submittal. Perform independent quality control check of structural plans, calculations, and specifications. The check will include the review the structural construction documents for conformance to the design criteria, completeness, and constructability. The check will also include a review of the interfaces with other design disciplines. Review of plans and specifications with required agencies to assist FAX in getting plans approval and determining required permits and application procedures related to the stations (3 meetings in Fresno). Provide regular informal communication with Architect regarding structural engineering and structural issues related to bridge and railing architecture. Attend meetings with the design team (4 meetings). Attend and participate in two workshops: Focus on pedestrian bridge and aesthetic railing design. The Kimley-Horn team to present early design concepts and refined concept workshop. Up to two unique pedestrian bridge designs and unique railing designs are to be investigated. The Underground Parking Structure as-built drawings are in bad shape with portions not legible. Since the proposed pedestrian bridge will likely be connected to the roof of the existing parking structure, understanding and having all available information is critical to the project. Since better as-built drawings and post tension stand layout record drawings are likely not available, an extended site visit including non-destructive test (NDT) will be performed. During the site visit, information on structure member sizes and locations would be recorded. NDT would be utilized to locate and map post tension stands and reinforcing in the structure roof, floors and walls. Sub-Task 6.2 Pedestrian Enrichments Subconsultant PIVOT will work with the City to refine various concepts, meet with FAX and others at the City, in order to solicit their input on the various concepts. Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 6 of 7 Pedestrian modifications include revisions to the street-side railing and the installation and design of a new pedestrian bridge across the opening to the pedestrian tunnel on the north side of Van Ness. PIVOT will lead a workshop to identify the aesthetic and functional goals for the new bridge and railings. Following the workshop, PIVOT will produce a summary report, refine the concepts (maximum of two concepts), and participate in a review meeting with City staff to determine the preferred design direction. The workshop will also address potential improvements to the streetscape including landscape and lighting opportunities that will be designed by others. PIVOT will work with Biggs Cardosa Associates to review impacts of new columns within the parking garage and assist KHA with revisions to parking striping. Construction Documents for the bridge and railing will be provided by others. Minor modifications to the typical BRT station will be included in the station Construction Documents to integrate the pedestrian crossing with the station platforms. One additional trip for two PIVOT staff members is assumed in this proposal for the workshop. The travel time and expenses for the review meeting is assumed to be combined with a previously scoped trip. TASK 7 – REST ROOM ENGINEERING Sub-Task 7.1 REST ROOM DESIGN Subconsultant PIVOT will lead the design efforts associated with the restroom design. We will work closely with City Maintenance staff to understand the liabilities of the existing restrooms, their intended maintenance procedures for the upgraded restrooms, and material and equipment preferences. This proposal assumes a new stand-alone building will not be provided. PIVOT will lead a meeting with City staff to identify the design goals and priorities for the renovated or replacement restrooms Visit and document the existing restrooms to determine the viability of renovation and understand current concerns. The original construction documents for the parking garage to be provided by the City. Provide Concept Level design for up to four restroom designs including relocation and renovation concepts. The concepts will address accessibility compliance, ease of maintenance, and CPTED principles. These concepts will be reviewed with the City to determine a preferred direction. Based on design direction from the City, PIVOT will develop 60% level drawings and outline specifications for the restrooms. Documents will include refined dimensions, preliminary material selections, and preliminary fixture selection. The work will be coordinated with the Mechanical, Electrical, Structural, and Civil Engineers. PIVOT will also coordinate with the Mariposa design team to integrate the aesthetics of the restrooms with the Mall design work. Provide code compliance review and coordinate with City permitting staff to determine the required permits and the appropriate process. Assist cost estimating efforts. Cost estimate to be provided by others. Complete architectural 100% construction documents and specifications. One trip to Fresno for two people is included in this task. Sub-Task 7.2 HVAC, PLUMBING, AND FIRE PROTECTION Subconsultant Lawrence Nye Carlson Associates (LNCA) will provide HVAC, plumbing, and fire protection engineering services for the project. Their work will include renovating or re- locating one set of Men’s/Women’s rest rooms within the existing parking garage. HVAC and plumbing engineering will include design, CAD produced design plans, specifications prepared for plan check and bidding, and responses to plan check comments. Bus Livability; +100K A&E CONSULT FED 04-10-14 Page 7 of 7 Normal fire protection engineering required for the bathroom improvements will be provided. This includes design, CAD produced design plans, specifications prepared for plan check and bidding, and responses to plan check comments. TASK 8 – DESIGN SUPPORT DURING CONSTRUCTION (DSDC) Kimley-Horn will provide DSDC, including supporting during advertising, bidding, and construction. It is assumed that this work will be performed in conjunction with the BRT project. This fee provides for up to 30 hours for Kimley-Horn to provide DSDC for this project. The following DSDC services by subconsultant Biggs Cardosa are proposed: Provide support services during bidding of project (review proposed substitutions, issue addenda with corrections/clarifications as required). Provide Construction Administration support services related to Bridge Design and Signal Foundations; including review of shop drawings and product submittals, responding to Contractor questions and issuing clarifications and corrections as required, and reviewing test reports. Assume up to 20 hours of construction site visits. The following DSDC services by subconsultant PIVOT are proposed: PIVOT will work with the Kimley-Horn led design team to provide Bidding Support and DSDC. This works is assumed to be concurrent with DSDC services provided as part of the BRT project. Services include: Bidding and Addenda assistance, Shop Drawing and Submittal review, Clarifications and other Contractor communication, One trip to Fresno for one person is included in this task, Up to 115 hours are included in this effort. Bus Livability; +100K A&E CONSULT FED 04-10-14 Exhibit B Page 1 Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”) DESIGN AND ENGINEERING SERVICES FOR ASSOCIATED BUS AND BUS LIVABILITY GRANT WORK FOR THE MARIPOSA/VAN NESS BUS RAPID TRANSIT STATION AREA PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage which shall 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 not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. 5. Contractor’s Pollution Liability Insurance required for any service to be performed under this Agreement related to the identification, abatement or remediation of asbestos unless waived, in writing, by the City’s Risk Manager or his/her designee. MINIMUM LIMITS OF INSURANCE Consultant, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit B Page 2 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKER’S 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. CONTRACTORS POLLUTION LEGAL LIABILITY (Unless waived in writing by the City’s Risk Manager or his/her designee) shall be written on either an occurrence form, or a claims-made form and is required for all environmental and water remediation work, for all work transporting fuel, demolition renovation, HVAC, plumbing and electrical work (including, without limitation, lighting) on any structure built prior to the year 1990) with limits of liability of not less than the following: (i) $1,000,000 per occurrence or claim, and, (ii) $2,000,000 general aggregate per annual policy period. (a) In the event this Contract involves any lead based, mold or asbestos environmental hazard, either the CAL policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract. Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit B Page 3 (b) In the event this Contract involves any lead-based environmental hazard (e.g. lead based paint), and/or asbestos environmental hazard (e.g. asbestos remediation), and/or mold environmental hazard (e.g. mold remediation) the CPL insurance policy or other appropriate policy shall be endorsed to include coverage for lead based environmental hazards and/or asbestos environmental hazards and/or mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy. 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 AN D SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance , and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability, Automobile Liability and Contractors Pollution Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit B Page 4 3. For any claims related to this Agreement, CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it . CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) or Contractors Pollution Liability 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 f i ve (5) years after c o m p l e t i o n o f t h e Ag r e e m e n t w o r k , or termination of the Agreement or, in the alternative for Professional Liability insurance, 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 commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” period coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. The Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards, in the event this Agreement involves any asbestos environmental hazard (e.g., asbestos identification, abatement or remediation). Either the Contractors Pollution Liability, or the Automobile Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by CONSULTANT pursuant to the Agreement, in the event this Agreement involves any asbestos environmental hazard. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit B Page 5 non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requiremen t shall survive expiration or termination of this Agreement. Exhibit C Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit C DISCLOSURE OF CONFLICT OF INTEREST DESIGN AND ENGINEERING SERVICES FOR ASSOCIATED BUS AND BUS LIVABILITY GRANT WORK FOR THE MARIPOSA/VAN NESS BUS RAPID TRANSIT STATION AREA PROJECT TITLE YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) Additional page(s) attached. (City State Zip) Bus Livability; +100K A&E CONSULT FED 04-10-14 Exhibit D Page 1 EXHIBIT D FEDERAL REQUIREMENTS Consultant Service Agreement betw een City of Fresno (“City” or “Purchaser”) and Kimley-Horn and Associates, Inc. (“Contractor”) DESIGN AND ENGINEERING SERVICES FOR ASSOCIATED BUS AND BUS LIVABILITY GRANT WORK FOR THE MARIPOSA/VAN NESS BUS RAPID TRANSIT STATION AREA PROJECT TITLE During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest agrees as follows: This contract is subject to a financial assistance contract between the City of Fresno and the Federal Transit Administration (FTA), which requires that this contract contain the following clauses: No Government Obligation to Third Parties The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seg . And U.S. Department of Transportation (DOT) regulations, “Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the contractor, to the extent the Federal Government deems appropriate. Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit D Page 2 (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records and Reports (1) Where the Purchaser is a local government and is the FTA Recipient in accordance with 49 CFR 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C.5307, 5309 or 5311. (2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. (3) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, an hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. (4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representative, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). (7) FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit D Page 3 Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between PURCHASER and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Termination Termination for Convenience: The City of Fresno may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to be paid by contractor. If the Contractor has any property in its possession belonging to the City of Fresno, the Contractor will account for the same, and dispose of it in the manner the City of Fresno directs. Termination for Default: If the contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract or if the Contractor fails to comply with any other provisions of the contract, the City of Fresno may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fresno that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the control of the Contractor, the City of Fresno, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Civil Rights (1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract. (a) Race, Color, Creed, National Origin, Sex In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulation, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq ., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit D Page 4 Opportunity,” 42 U.S.C. 2000e), and with any applicable Federal statutes, executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, “29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Disadvantaged Business Enterprise (DBE) (1) Policy: It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. (2) DBE Obligation: The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. (3) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 4%. A separate contract goal has not been established for this procurement. Incorporation of FTA 4220.1F Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit D Page 5 provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA- mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any City of Fresno request, which would cause the City of Fresno to be in violation of the FTA terms and conditions. Flow Down – The incorporation of FTA terms has unlimited flow down. “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction” (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (31 U.S.C. Chapter 61). (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. Resolution of Disputes, Breaches, or Other Litigation (1) The validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of California. In the event of litigation between the two parties, proper venue shall be laid in a court of competent jurisdiction in the County of Fresno, State of California. (2) Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City’s Maintenance Manager. This decision shall be final and conclusive unless with ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Maintenance Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Maintenance Manager shall be binding upon the contractor and the Contractor shall abide by the decision. (3) Pending final resolution of a dispute her under, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the City’s decision. Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit D Page 6 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Flow Down – The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. FTA Protest Notification Bus Livability; +100K A&E CONSULT FED 05-13-14 Exhibit D Page 7 Contractor is hereby notified that, if this contract is funded in whole or in part by the Federal Department of Transportation, the FTA may entertain a protest that alleges that the City failed to have or follow written protest procedures. Contractor must file a protest with the FTA not later than five (5) days after the City renders a final decision or five (5) days after the Consultant knows or has reason to know that the City has failed to render a final decision. Protests to the FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated). If a protest has been filed with the FTA, the City will not make an award of contract unless the City determines that: (1) the items to be procured are urgently required; (2) delivery of performance will be unduly delayed by failure to make the award promptly; or (3) failure to make prompt award will otherwise cause undue harm to the City or the Federal Government. SCOPE OF SERVICES FOR DESIGN AND ENGINEERING SERVICES FOR THE BLACKSTONE/KINGS CANYON BUS RAPID TRANSIT STATION AT MARIPOSA AND VAN NESS AND ASSOCIATED BUS AND BUS LIVABILITY GRANT WORK TASK 1 – PROJECT MANAGEMENT Kimley-Horn will provide project management services for this additional working, following the original Fresno BRT project scope. Kimley-Horn will coordinate with subconsultants PIVOT, LCNA, Biggs Cardosa, AECOM, Quad Knopf, and Blackburn for design of the revised improvements around the Van Ness BRT station. Kimley-Horn will also work closely with the City to prepare and refine design concepts. The Kimley-Horn project manager and ITS/Systems/Traffic Lead will meet with the City Public Works Department and others at the City as needed to review the proposed improvements and work to address and incorporate their comments into the final concept. Kimley-Horn will also perform QC/QA services for this additional work. Our QC/QA will follow the Fresno BRT QC plan. TASK 2 – DATA GATHERING Sub-Task 2.1 Site Survey and Record Research Our subconsultants Quad Knopf and AECOM will gather additional data in an expanded area around the two Van Ness BRT stations. Our team will provide data gathering services as outlined in the original scope. Kimley-Horn will coordinate its effort for efficiently performing field reconnaissance and gathering the required data/information. We will compile copies of these drawings, digitally (when available) and hard copies for the older mapping, and create a list of the archive improvement plans found. Kimley-Horn will research governing agencies to locate and review readily available record drawings for the additional features around the new BRT station location. The drawings will include street plans, survey plats, Right of way maps, etc. We will provide additional topographic data collection (mobile LIDAR supplemented by expanded field surveys). We assume we can utilize the existing aerial captured for the BRT project, along with the right-of-way lines resolved for the BRT under the original contract. Our subconsultant Blackburn Consulting will provide geotechnical services for this effort, including completing a Draft and Final Foundation Report for design of the signal - span pedestrian bridge. Sub-Task 2.2 Coordinate, Obtain Permits, and Mark for USA Blackburn will coordinate with the client to discuss the project issues and schedule. They will review the site for drill rig access, mark the exploratory boring location and notify Underground Service Alert (USA). Blackburn will obtain an encroachment permit from the City of Fresno for drilling and access through City property. BCI assumes that the City will waive any encroachment permit fees and bond requirements. Sub-Task 2.3 Subsurface Exploration Blackburn will drill, log and sample one exploratory boring to a depth of about 50 feet below existing grade at the top of the existing stairway near the proposed east abutment. Blackburn will core the existing concrete flatwork, and then advance the boring with 4- inch to 6-inch diameter solid or hollow stem augers, collecting samples at approximate 5-foot intervals with Standard Penetration Test (SPT) or California Modified samplers. A Blackburn Engineer or Geologist will log the boring and direct the sampling operations. Blackburn will backfill the boring with native cuttings, and patch the upper 10 inches with concrete. Sub-Task 2.4 Laboratory Testing Blackburn will perform the following laboratory tests on relatively un disturbed samples or bulk samples obtained from the exploratory borings: • Moisture Content and Unit Weight for bearing capacity, lateral capacity, and settlement analyses. • Sieve Analysis and Plasticity Index for classification and soil expansion potenti al. • Resistivity, pH, Sulfate Content and Chloride Content for soil corrosivity analysis. Sub-Task 2.5 Evaluation and Analysis Blackburn will perform evaluation and engineering analysis (using computer software where applicable) for the following: foundation bearing capacity; lateral earth pressures; site seismicity (distance to nearby faults, peak ground acceleration (ARS curve) and liquefaction potential); and soil corrosivity in accordance with current Caltrans guidelines and recommendations. Blackburn will also evaluate suitable L -Pile soil parameters for lateral pile analysis to be performed by Biggs Cardosa Associates, Inc. Sub-Task 2.6 Draft and Final Foundation Report Blackburn will prepare and submit a Draft Foundation Report. The report will include preliminary recommendations for bridge design in general accordance with current Caltrans guidelines including: Scope of Work; Site Description; Project Description; Field Exploration; Laboratory Testing; Site Geology and Subsurface Conditions; Seismic Data and Evaluation; Liquefaction Evaluation; Foundation Recommendations, L -Pile Soil Parameters, Lateral Earth Pressures; Construction Considerations; Location Map; Log of Test Borings; and Laboratory Test Results. Blackburn will submit the Draft Foundation Report for distribution to the project review team. Once we receive all draft report comments, we will complete the F inal Foundation Report. Blackburn will complete the Draft Foundation Report within 4-6 weeks of receiving a fully signed agreement assuming that encroachment permit restrictions that prevent or delay Blackburn from completing the boring. Blackburn will c omplete the Final Foundation Report within 1-2 weeks after receiving all draft report comments. Sub-Task 2.7 Traffic Analysis Kimley-Horn will evaluate the proposed Van Ness BRT station operation in relation to the adjacent Van Ness Avenue/Fresno Street and Van Ness Avenue/Tulare Street intersections. The operational evaluation will consider near-term and cumulative traffic conditions (without and with the station). The evaluation will also consider the effects of closing the free right turn from the underground parking garage onto Fresno Street (i.e. without and with the driveway closure). Traffic volumes will be obtained from the 2012 traffic impact study prepared by Fehr and Peers for the BRT EIR. The evaluation will be completed using Highway Capacity Manual methodology within Synchro software and a memorandum will be prepared which includes text and tables describing the results. Level of service results will be compared to the significance criteria from the Fehr and Peers report and impacts will be identified if present. TASK 3 – UTILITY COORDINATION Utility coordination at this location will be performed in accordance with the original project scope but in an expanded area around the two BRT stations. Subconsultants AECOM and Quad Kopf will request, research, and gather all readily available additional utility information to identify those utilities which could be affected by construction of the additional improvements at this location. They will also review utility information and determine additional utility conflicts that arise because of the revised design at this location. Once conflicts have been identified, the wet an d dry utility coordinators will work with the respective utility companies and coordinate protect -in- place or relocation designs (assumed to be performed by the impacted utilities). This scope does not include utility relocation design by our team. TASK 4 – CIVIL DESIGN AND PS&E PACKAGE This task includes preparation of construction documents (plans, special provisions and estimates) for the additional civil improvements at the Van Ness Ave location. It specifically excludes the design of the two new st ations at Van Ness, as those are covered by the existing BRT contract. Our team will design and create PS&E for the new mid -block bulb-outs and sidewalk, roadway and median design along Van Ness (from Tulare to Fresno, including minor work across each intersection), signing and striping, and cost estimating. We will coordinate with the Structural subconsultant and Traffic Lead to assist in designing the signal pole foundations. The following 2 submittals will be provided: 60% PS&E – stand-alone submittal 90% PS&E – combined with the BRT 90% deliverable 100% PS&E – combined with the BRT 100% deliverable Should the 90% and 100% BRT submittals be combined, it is assumed that a third deliverable would be a final, or revised 100%, deliverable, as necessary. Should additional revisions and submittals be required not due to Consultant’s negligence, errors, or omissions, then these revisions will be considered additional services. TASK 5 – TRAFFIC DESIGN Kimley-Horn will perform traffic signal design for the new pedestrian mid-block traffic signal. This signal will require specialized foundations given their location on top of the existing parking garage. Biggs Cardosa will design those foundations as outlined in Task 6. Kimley-Horn will also design traffic signal modifications to the signals at Van Ness/Tulare and Van Ness/Fresno to accommodate the revised Van Ness geometry. This may include new detection, new signal poles with signal head realignment, new signal heads on existing poles, and/or new conduit and pull boxes to accommodate new poles. It is anticipated that the 60% PS&E for the Van Ness traffic signal will be a separate submittal from the BRT 60% due to the Fresno BRT schedule. It is anticipated that at the 90% and 100% submittal stage, the Van Ness improvements discussed in this scope would be combined with the BRT project 90% and 100% deliverables. TASK 6 – STRUCTURAL DESIGN AND ARCHITECTURE SERVICES Sub-Task 6.1 Structural Design Services The following structural design services will be performed by subconsultant Biggs Cardosa: General Scope of Work Collaborate with the Traffic Engineer, Architect and Geotechnical to evaluate the new pedestrian signal poles, aesthetic railing, pedestrian bridge, public restrooms, light fixtures/poles and access stair design concepts. Prepare Construction Documents in digital format per requirements of local jurisdictions for the structural work related to the construction of new signal pole foundations, aesthetic railing, pedestrian bridge, public restrooms, light fixtures/poles and access stair modifications. Prepare Structural Calculations documenting the structural design. Participate and respond to the plans approval process as required to obtain necessary permits and approvals. Structural Design Services Collect and review existing data and as-built drawings. Review the existing underground parking structure drawings including post tension shop drawing (if available). Conduct a field review of the site, including the underground parking structure. Collaborate closely with Architect at all phases of the work to integrate the structural design and structural details with the bridge and railing architectural design. Prepare conceptual structural bridge plans, railing plans and misc detail sketches for the bridge prototype. Collaborate closely with the Traffic Engineer and Civil Lead, and design signal pole foundations. The foundations require the analysis of the existing underground parking structure to accommodate the additional loads. Collaborate closely with Architect at all phases of the work to integrate the structural design and details of the public restrooms with the architectural design. Prepare conceptual structural plans and misc. detail sketches as required. Collaborate closely with Electrical Engineer at all phases of the work to integrate the structural design and details of the light poles and fixtures Provide plans at the 60%, 90% and 100% milestones. Prepare structural calculations 60%, 90% and 100% milestones (as needed). Provide a specification list at the 60% milestone, draft specifications at the 90% milestone, and final specifications at the 100% submittal. Perform independent quality control check of structural plans, calculations, and specifications. The check will include the review the structural construction documents for conformance to the design criteria, completeness, and constructability. The check will also include a review of the interfaces with other design disciplines. Review of plans and specifications with required agencies to assist FAX in getting plans approval and determining required permits and application procedures related to the stations (3 meetings in Fresno). Provide regular informal communication with Architect regarding structural engineering and structural issues related to bridge and railing architecture. Attend meetings with the design team (4 meetings). Attend and participate in two workshops: Focus on pedestrian bridge and aesthetic railing design. The Kimley-Horn team to present early design concepts and refined concept workshop. Up to two unique pedestrian bridge designs and unique railing designs are to be investigated. The Underground Parking Structure as-built drawings are in bad shape with portions not legible. Since the proposed pedestrian bridge will likely be connected to the roof of the existing parking structure, understanding and having all available information is critical to the project. Since better as-built drawings and post tension stand layout record drawings are likely not available, an extended site visit including non -destructive test (NDT) will be performed. During the site visit, information on structure member sizes and locations would be recorded. NDT would be utilized to locate and map post tension stands and reinforcing in the structure roof, floors and walls. Sub-Task 6.2 Pedestrian Enrichments Subconsultant PIVOT will work with the City to refine various concepts, meet with FAX and others at the City, in order to solicit their input on the various concepts. Pedestrian modifications include revisions to the street -side railing and the installation and design of a new pedestrian bridge across the opening to the pedestrian tunnel on the north side of Van Ness. PIVOT will lead a workshop to identify the aesthetic and functional goals for the new bridge and railings. Following the workshop, PIVOT will produce a summary report, refine the concepts (maximum of two concepts), and participate in a review meeting with City staff to determine the preferred design direction. The workshop will also address potential improvements to the streetscape including landscape and lighting opportunities that will be designed by others. PIVOT will work with Biggs Cardosa Associates to review impacts of new columns within the parking garage and assist KHA with revisions to parking striping. Construction Documents for the bridge and railing will be provided by others. Minor modifications to the typical BRT station will be included in the station Construction Documents to integrate the pedestrian crossing with the station platforms. One additional trip for two PIVOT staff members is assumed in this proposal for the workshop. The travel time and expenses for the review meeting is assumed to be combined with a previously scoped trip. TASK 7 – REST ROOM ENGINEERING Sub-Task 7.1 REST ROOM DESIGN Subconsultant PIVOT will lead the design efforts associated with the restroom design. We will work closely with City Maintenance staff to understand the liabilities of the existing restrooms, their intended maintenance procedures for the upgraded restrooms, and material and equipment preferences. This proposal assumes a new stand-alone building will not be provided. PIVOT will lead a meeting with City staff to identify the design goals and priorities for the renovated or replacement restrooms Visit and document the existing restrooms to determine the viability of renovation and understand current concerns. The original construction documents for the parking garage to be provided by the City. Provide Concept Level design for up to four restroom designs including relocation and renovation concepts. The concepts will address accessibility compliance, ease of maintenance, and CPTED principles. These concepts will be reviewed with the City to determine a preferred direction. Based on design direction from the City, PIVOT will develop 60% level drawings and outline specifications for the restrooms. Documents will include refined dimensions, preliminary material selections, and preliminary fixture selection. The work will be coordinated with the Mechanical, Electrical, Structural, and Civil Engineers. PIVOT will also coordinate with the Mariposa design team to integrate the aesthetics of the restrooms with the Mall design work. Provide code compliance review and coordinate with City permitting staff to determine the required permits and the appropriate process. Assist cost estimating efforts. Cost estimate to be provided by others. Complete architectural 100% construction documents and specifications. One trip to Fresno for two people is included in this task. Sub-Task 7.2 HVAC, PLUMBING, AND FIRE PROTECTION Subconsultant Lawrence Nye Carlson Associates (LNCA) will provide HVAC, plumbing, and fire protection engineering services for the project. Their work will include renovating or re-locating one set of Mens/Womens rest rooms within the existing parking garage. HVAC and plumbing engineering will include design, CAD produced design plans, specifications prepared for plan check and bidding, and responses to plan check comments. Normal fire protection engineering required for the bathroom improvements will be provided. This includes design, CAD produced design plans, specifications prepared for plan check and bidding, and responses to plan check comments. TASK 8 – DESIGN SUPPORT DURING CONSTRUCTION (DSDC) Kimley-Horn will provide DSDC, including supporting during advertising, bidding, and construction. It is assumed that this work will be performed in conjunction with the BRT project. This fee provides for up to 30 hours for Kim ley-Horn to provide DSDC for this project. The following DSDC services by subconsultant Biggs Cardosa are proposed: Provide support services during bidding of project (review proposed substitutions, issue addenda with corrections/clarifications as required). Provide Construction Administration support services related to Bridge Design and Signal Foundations; including review of shop drawings and product submittals, responding to Contractor questions and issuing clarifications and corrections as required, and reviewing test reports. Assume up to 20 hours of construction site visits. The following DSDC services by subconsultant PIVOT are proposed: PIVOT will work with the Kimley-Horn led design team to provide Bidding Support and DSDC. This works is assumed to be concurrent with DSDC services provided as part of the BRT project. Services include: Bidding and Addenda assistance, Shop Drawing and Submittal review, Clarifications and other Contractor communication, One trip to Fresno for one person is included in this task, Up to 115 hours are included in this effort. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-121 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:R. RENENA SMITH, Assistant City Manager City Manager’s Office THROUGH:JANE SUMPTER, Budget Manager Finance Department BY:HENRY J. FIERRO, Principal Budget Analyst Finance Department SUBJECT Enter into a contract for budget software and services in the amount of $488,143 for an initial one (1) year set up of software and an ongoing maintenance agreement with Sherpa Government Solutions LLC of Denver, Colorado - Finance Department RECOMMENDATION Staff recommends that the City Council award a requirements contract for the acquisition of budget software in the amount of $488,143 for a one (1)year initial set-up with an ongoing maintenance service agreement and authorizes the City Manager or his designee to sign the contract on behalf of the City. EXECUTIVE SUMMARY The Budget and Management Studies Division of the Finance Department initiated a request for proposal (RFP) for the acquisition of new budget development and preparation software in order to replace the City’s current system (BRASS). The need for replacing BRASS is due to its inability to function properly with the processing architecture of Microsoft’s Windows 7 and above. This issue has established BRASS as an obsolete and unreliable tool to complete the City’s complex budget process with critical deadlines. Four proposals were received and evaluated and Sherpa Government Solutions LLC was chosen as the most responsive and responsible bidder. BACKGROUND The need to replace the City’s BRASS system is due to its inability to function with the processing architecture of Microsoft’s Windows 7 and above.The proprietor of BRASS offers web-based City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-121 Agenda Date:7/17/2014 Agenda #: architecture of Microsoft’s Windows 7 and above.The proprietor of BRASS offers web-based software as a means to address the BRASS issue with Windows 7 and submitted a proposal for this RFP.Therefore,BRASS enhancements are not made available to continue connectivity with supporting applications that incorporate technology advancements. The RFP was advertised in the Business Journal on Wednesday,March 19,2014.The number of building exchanges received regarding fax notice inviting proposals was five,while the number of specifications distributed to prospective proposers was 17.The public opening occurred on Thursday,May 1,2014.A total of four proposals were received and opened.Proposals will expire within 120 days of proposal opening which corresponds to Friday, August 29, 2014. The four companies that submitted proposals were Application Software Technology Corporation, CGI Technologies and Solutions Inc.,GNC Consulting Inc.,and Sherpa Government Solutions LLC. The RFP No.9267 required each proposer to provide:1)cover letter;2)Proposal Deposit;3)fixed- cost proposal;4)proposer questionnaire;5)statement of qualifications and experience;6) references;7)acceptance signature of City forms;8)signature for all Addenda issuances;9) organizational chart;10)signature pages authorizing individual who signs proposal;and 11) completion of scope of work requirements. An Evaluation Committee of five City staff members and one external member were established to review the four proposals as well as participate in four software demonstrations provided by each respective vendor.In addition,the Evaluation Committee developed a list of questions per review of submitted proposals as well as per demonstrations.These questions were submitted to respective vendors which provided responses by requested date.The responses were incorporated into the committee’s determination to formalize a recommendation. Of the four proposals received and reviewed,the Evaluation Committee determined that the proposal submitted by Sherpa Government Solutions LLC (Sherpa)as most responsive and provided the best value for the City.The recommendation to acquire Sherpa’s Budget Formulation and Management (BFM)software and services is due to:1)their proposal meets all the criteria as specified in RFP No. 9267;2)their BFM software meets,in totality,the RFP’s scope of work as well as exceeds current functionality of BRASS;3)project team has extensive experience towards BRASS data and reporting conversions along with budgeting processes;4)proposal includes their establishment of all BRASS reports in the new system;5)proposal includes the conversion of all 15 BRASS databases;6)project team members will provide the ongoing support;and 7)BFM includes budget book-building functionality within base price.A report from the evaluation committee is attached along with a proposal matrix summary. The RFP requested a fixed price for new software,conversion and implementation to new system, staff training,ongoing support and first five years of annual maintenance.Sherpa’s proposal included a fixed price of $488,143.The fixed cost proposal under year 1 is $341,213 for software acquisition, conversion and implementation,training,and first year of annual maintenance.The remainder of $146,930 corresponds to annual maintenance services for year 2 through year 5.The funding source to cover the acquisition and service costs was established and approved as part of the FY 2015 Adopted Budget.Once the project commences,an evaluation will be conducted by vendor and staff to determine if the City’s current hardware inventory can accommodate the new software’s requirements.Preliminary assessment of additional hardware (servers)needed to run the BFM software is estimated between $7,200 and $29,500.The project’s budget is at a level to cover such City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-121 Agenda Date:7/17/2014 Agenda #: additional hardware costs. The staff determination was posted on the City’s website on Friday, June 27, 2014. The Council may adopt staff’s recommendation which would award a requirements contract for one (1) year with an ongoing maintenance service agreement in the amount of $488,143 or reject all proposals. If all proposals are rejected, the project will be rebid resulting in a delay of approximately 90 days. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A. Proposals submitted by the four vendors are headquartered outside Fresno, California. FISCAL IMPACT Appropriations were established per the FY 2015 Adopted Budget in the Information Services Department and the Finance Department and are sufficient enough to cover recommended software acquisition and associated services. Attachments: Evaluation Committee Report Matrix Summary City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ REPORT FROM EVALUATION COMMITTEE FOR REQUIREMENTS CONTRACT FOR BUDGET SOFTWARE RFP #9267 Page 1 of 3 Committee Members: Henry Fierro, Principal Budget Analyst, Budget Office Scott Motsenbocker, Senior Budget Analyst, Budget Office Dennis Jones, Data Base Administrator, Information Service Department Michael Lima, Management Analyst III, Airports Department Haley Lynch, CPA Accountant, City of Clovis - Finance Department Jean Thomas-Runnels, Senior Buyer (Facilitator), Purchasing - Finance Department BACKGROUND: The goal of this Request for Proposal (RFP) was to solicit proposals to replace the City of Fresno’s current budget software. The need to replace the City’s current software (BRASS) is due to its inability to function with the processing architecture of Microsoft’s Windows 7 and above. The new software will: 1) function with operating systems supported by Microsoft; 2) provide required functionality to complete and enhance the budget process; and 3) provide web based accessibility to the new system. Seventeen proposals were sent out. Four responses were received and opened on May 1, 2014. In addition to acquiring a new budget system, services requested under the RFP consist of conversion of the City’s existing data held in BRASS, configuration and installation of new software system, training for City staff, as well as providing ongoing support. The RFP will be fixed, with an initial purchase price and ongoing maintenance support costs over the next five (5) years. Per RFP instructions, submitted proposals included cost for proposed software, associated services, and maintenance support in year one. It was also requested that proposers’ submit annual maintenance costs for years two through five. This proposal would be for one (1) year with ongoing maintenance. Evaluation by Committee: Application Software Technology Corporation (AST) SUBMITTED PROPOSAL:$1,717,502.51 AST Corporation of Naperville, IL submitted the highest bid proposal in the amount of $1,717,502.51 based on a bundle of products: 1) Hyperion Planning Plus; 2) Oracle Hyperion Public Sector Planning and Budgeting; 3) Hyperion Financial Data Quality Management Enterprise Edition; and 4) Hyperion Financial Data Quality Management Adapter Suite. AST met requirements of the RFP. Their proposal would provide much of the functionally that was defined in the RFP. However, it would require the need for a certain level of customization at additional cost, such as replicating City’s current budget canned and ad hoc reports. Additional cost is also anticipated for the conversion of budget data not included in proposal. The proposal included data conversion for six years while the City has 15 years of data in the current budget system. Additionally, AST staff indicated that modifications would be needed in order to allow Hyperion to interface with the versions of the PeopleSoft Financial and Human Resources system (PeopleSoft) that the City currently uses. There is no guarantee that future versions of Hyperion would work with the City’s PeopleSoft system. AST has experience with relational databases as utilized by the City’s current budget software; however, AST did not have hands-on experience with converting data from a BRASS database. Proposal includes licenses for 60 users; future additional licenses would need to be purchased at an additional cost. Once Hyperion was installed, Oracle would provide primary ongoing software support, while AST would provide secondary support due to its partnering status with REPORT FROM EVALUATION COMMITTEE FOR REQUIREMENTS CONTRACT FOR BUDGET SOFTWARE RFP #9267 Page 2 of 3 Oracle.AST submitted references were contacted but no responses were received. The submitted financial information was reviewed. CGI Technologies and Solutions Inc. SUBMITTED PROPOSAL:$1,626,130.00 CGI Technologies (CGI) with a branch office in Los Angeles, Ca. submitted the second highest proposal in the amount of $1,626,130.00. Exceptions were identified in submitted proposal during initial review; however, the committee continued the evaluation of proposed software and services to understand the potential value for the City. A process was in place to address exceptions if the committee concluded that the proposal was found to provide the greatest value of submitted proposals.CGI is the proprietor of the BRASS software and has extensive experience with BRASS architecture. CGI proposed the Advantage Performance Budgeting (APB) system. The committee determined that APB would meet many of the functionality requirements defined in the RFP. However, functionality to create a budget book from APB would be an additional cost to the base price quoted. APB provides a significant number of reports; however, a certain level of customization is needed to replicate current BRASS reports. Conversion of all primary data was included in the submitted proposal. It was communicated that budget request data was not included in the proposal. CGI would issue a site license if the City chose to purchase ABP, which means there would be no cost to the City to add additional users to the system above the initial 60 that were defined in the RFP. As an existing client with an active maintenance agreement, the price of proposed software was excluded from the submitted fixed cost price. CGI submitted references were contacted and responses were received. The submitted financial information was reviewed. GNC Consulting, Inc. SUBMITTED PROPOSAL:$878,700.00 GNC Consulting of Frankfort, IL had the second lowest cost proposal at $878,700.00. GNC’s proposal is based on partnerships with Mythics (an Oracle product reseller) and Mo ’Mix Solutions (subcontractor & Oracle Gold Partner). Exceptions were identified in submitted proposal during initial review; however, the committee continued the evaluation of proposed software and services to understand the potential value for the City. A process was in place to address exceptions if the committee concluded that the proposal was found to provide the greatest value of submitted proposals. GNC proposed the Hyperion suite of budget products offered by Oracle. GNC has experience with relational databases as utilized by the City’s current budget software; however, GNC did not have hands-on experience with converting data from a BRASS database. The proposal included data conversion for six years while the City has 15 years of data in the current budget system. Proposal includes licenses for 60 users; future additional licenses would need to be purchased at a cost. Once implementation was complete, Oracle would provide primary ongoing software support, while GNC would provide secondary support due to its partnering status with Oracle. GNC submitted references where contacted and all responded. The submitted financial information was reviewed. REPORT FROM EVALUATION COMMITTEE FOR REQUIREMENTS CONTRACT FOR BUDGET SOFTWARE RFP #9267 Page 3 of 3 Sherpa Government Solutions, LLC SUBMITTED PROPOSAL:$488,143.00 Sherpa of Denver, CO had the lowest cost proposal at $488,143.00. Sherpa proposed installing Budget Formulation and Management (BFM), a proprietary software developed by Sherpa. The Committee was impressed with the experience and qualifications of Sherpa. Sherpa met all requirements of the RFP, meaning no exceptions were found regarding the submission of documents and/or requested signatures per RFP checklist. BFM was found to address all functional needs of the City in order to complete and enhance the City’s budget process and deliverables. The project team was found to have an extensive background with converting BRASS databases as well as interfacing between budget, financial, and human resource systems. Sherpa’s proposal also included the conversion of the City’s 15 years of budget data. Sherpa’s proposal included budget book-building functionality within the base price. Sherpa would grant a site license to the City, which would allow the City to add users at no additional cost in the future. Sherpa was found to be the most responsive due to: 1) proposal meets all the criteria as specified in the RFP; 2) the proposed software meets, in totality, the RFP’s scope of work as well as exceeds current functionality of BRASS; 3) project team has extensive experience towards BRASS data and reporting conversions along with budgeting processes; 4) proposal includes the establishment of current BRASS reports in the new system; 5) proposal includes the conversion of all 15 years of current budget data; and 6) project team members will provide the ongoing support. The submitted references were contacted and all responded. The submitted financial information was reviewed. RECOMMENDATION Conclusion: The Committee recommends award to Sherpa of Denver, Co. in the amount of $488,143.00. Their proposal meets all the RFP requirements including critical components as stated above. See attached Matrix summary j:\rfp's\9267rfpbudget\9267cmemo.doc RFP FOR BUDGET SOFTWARE SYSTEMS BF 9267 Jean Runnels Bid Opening 5/01/14 PROPOSERS CGI Tecnologies GNC Consulting Sherpa AST Corpoation Cost Yes Yes Yes Yes Ability to meet stated service requirements Yes No Yes To verify Past Performance and Experience shown on Qualifcations Verified Verified Verified Verified Conformance No No Yes Yes References 2 out of 3 confirmed confirmed confirmed non confirmed Other 20-Yrs in business/ Brass system 19-Yrs in business/Oracle- PeopleSoft system 10-Yrs in business/Brass system 18-Yrs in business/ Branch Office located in Los Angles, Ca Frankfort, Il Denver, Co.Naperville, Il Exceptions Yes Yes No No Scope of Work Met overall functionality requirements Met overall functionality requirements with some customization Met overall functionality requirements Met overall functionality requirements with some customization Total Proposal Amount $1,626,130.00 $878,700.00 $488,143.00 $1,717,502.51 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E42056A4\@BCL@E42056A4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-150 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17 2014 FROM:YVONNE SPENCE City Clerk SUBJECT Council Boards and Commissions Communications,Reports,Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: A.Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments -Swearengin-Ex-Officio (Olivier-Alternate) 2. Financial Audit Committee -Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation -Baines 4. Fresno County Transportation Authority (FCTA) -Swearengin, Brandau 5. Fresno Regional Workforce Investment Board -Baines, Renena Smith 6. Fresno County Zoo Authority -Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board -Olivier 8. Joint Powers Financing Authority -Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness -Swearengin, Baines 10. San Joaquin River Conservancy Board -Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 -Baines 12. Upper Kings Basin Integrated Regional Water Management JPA -Xiong 13. Pension Reform Task Force -Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County -Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) -Amy Fuentes 16. League of California Cities (Annual Meeting) -Swearengin (Olivier-Alternate) 17. San Joaquin Valley Air Pollution Control District -Baines 18. Infill Development Ad Hoc Subcommittee -Brand, Baines, Olivier 19.Litigation Exposure Reduction Ad Hoc Committee -Brandau, Caprioglio 20.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-145 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL DATE:July 17, 2014 FROM:COUNCIL PRESIDENT BRANDAU City Council SUBJECT Designation of one (1) voting delegates and up to two (2) alternates for the League of California Cities Annual Conference to be held September 3 - 5, 2014 RECOMMENDATION It is recommended that the City Council designate Council President Steve Brandau as a voting delegate, Councilmember Clint Olivier as a voting alternate for the upcoming League of California Cities annual business Conference and that the City Council authorize these delegates to vote in the affirmative on all proposed resolutions. EXECUTIVE SUMMARY The League of California Cities hosts an annual Conference in which there is a business meeting to vote on various resolutions. The City of Fresno needs to delegate one voting delegate and one voting alternate to vote on the resolutions. The City Council must vote on the delegates and respond back to the League of California Cities. BACKGROUND The League of California cities is holding its Annual Conference in Los Angeles on September 3-5, 2014. As part of this event, the League will hold its Annual Business Meeting beginning at 12:00 p.m. on Friday, September 5, 2014. The League has requested that all member cities send a voting delegate. According to the League bylaws governing the session, the City can appoint a Voting Delegate and two Voting Alternates, all of whom must be approved by the City Council, and who must be registered to attend the Conference. It is recommended that Council President Steve Brandau be appointed as the Voting Delegate and Councilmember Clint Olivier be appointed as a Voting Alternate. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-145 Agenda Date:7/17/2014 Agenda #: ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT There is no fiscal impact. Attachments: Letter to Council, Mayor, and City Manager League of California Cities Requesting Council Action City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City Hall • 2600 Fresno Street • Fresno, California 93721 • (559) 621-7660 • FAX (559) 488-1005 OFFICE OF THE COUNCIL PRESIDENT MEMORANDUM DATE:July 10, 2014 TO:COUNCIL MEMBERS MAYOR ASHLEY SWEARENGIN CITY MANAGER BRUCE RUDD FROM:STEVE BRANDAU, Council President Council District 2 SUBJECT:Approve designation of Council President Steve Brandau as a voting Delegate, Councilmember Clint Olivier as a voting alternate for the League of California Cities annual business meeting on September 5, 2014 and direction to vote in support of the proposed resolutions Recommendation It is recommended that the City Council designate Council President Steve Brandau as a voting delegate, Councilmember Clint Olivier as a voting alternate for the upcoming League of California Cities annual business Conference and that City Council authorizes these delegates to vote in the affirmative on all proposed resolutions. Background The League of California cities is holding its Annual Conference in Los Angeles on September 3-5, 2014. As part of this event, the League will hold its Annual Business Meeting beginning at 12:00 p.m. on Friday, September 5, 2014. The League has requested that all member cities send a voting delegate. According to the League bylaws governing the session, the City can appoint a Voting Delegate and two Voting Alternates, all of whom must be approved by the City Council, and who must be registered to attend the Conference. It is recommended that Council President Steve Brandau be appointed as the Voting Delegate and Councilmember Clint Olivier be appointed as a Voting Alternate. City Hall • 2600 Fresno Street • Fresno, California 93721 • (559) 621-7660 • FAX (559) 488-1005 MEMO TO THE CITY COUNCIL League of California Cities Voting Delegates and Voting Authorization July 10, 2014 Page 2 Upon review of the resolutions proposed by the League of California Cities, it is recommended that the voting delegate for the City of Fresno be authorized to vote in support of the resolutions. The Resolutions to be voted upon are attached. Fiscal Impact There is no fiscal impact. c: City Attorney, Douglas Sloan May 1, 2014 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference – September 3 - 5, Los Angeles The League’s 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League’s office no later than Friday, August 15, 2014. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Council Action Advised by July 31, 2014 -over- Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Los Angeles Convention Center, will be open at the following times: Wednesday, September 3, 9:00 a.m. – 5:30 p.m.; Thursday, September 4, 7:00 a.m. – 4:00 p.m.; and Friday, September 5, 7:30–10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 15. If you have questions, please call Karen Durham at (916) 658-8262. Attachments: • 2014 Annual Conference Voting Procedures • Voting Delegate/Alternate Form Annual Conference Voting Procedures 2014 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org 2014 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 15, 2014. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, August 15, 2014 League of California Cities FAX: (916) 658-8220 ATTN: Karen Durham E-mail: kdurham@cacities.org 1400 K Street, 4th Floor (916) 658-8262 Sacramento, CA 95814 CITY:________________________________________ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-163 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION -Government Code Section 54956.9, Subdivision (d)(1) 1.City of Fresno et al.v.Doug Vagim,et al.;Fresno Superior Court No.13CECG03080,5th District Court of Appeal No. F069296 Related Matter: Doug Vagim, et al. v. City of Fresno, et al.; Fresno Superior Court No. 13CECG03206 City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-154 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:YVONNE SPENCE, CMC Office of the City Clerk SUBJECT 9:30 AM - Actions Pertaining to the Sufficiency of Initiative Petition Regarding Resolution Nos. 2013- 143 and 2013-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a.RESOLUTION - Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition b.Take one of the following actions: 1.RESOLUTION -Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2.BILL - (For Introduction) - Repealing Resolution No. 2013-143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3.RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 2013- 143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election. RECOMMENDATIONS 1.Adopt Resolution Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition Relating to Resolution 2013-143 (Adopting a Four Year Water Rate Plan);and 2.Take one of the following actions: a)Report - from any City department on effect of proposed initiative measure; or b)BILL - (For Introduction) - Repealing Resolution Nos. 2013-143 titled “Ratifying the Proposition 218 Process, According to California Constitution article XIIID and Adopting a Four Year Water Rate Plan” and 2013-144 that amended the Master Fee Schedule titled “To Adjust Water Fees in the Public Utilities Water Fee Section According to Proposition 218”; or City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-154 Agenda Date:7/17/2014 Agenda #: c)RESOLUTION - Calling a general municipal election on Tuesday, November 4, 2014, and submitting to City voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted a four year water rate plan. EXECUTIVE SUMMARY The initiative petition regarding Resolution 2013-143 (Adopting a Four Year Water Rate Plan) has been determined to be sufficient. A resolution accepting the City Clerk’s Certificate of Sufficiency of the Initiative Measure to Repeal the City of Fresno’s Four Year Water Rate Plan is presented to Council as required by law. After adopting the resolution accepting the Certificate of Sufficiency, the Council must take action on one of the alternatives listed in item number two above. BACKGROUND On August 15, 2013, the Council adopted Resolution 2013-143, a resolution adopting a four year water rate plan. An Initiative Petition was received by the City Clerk on June 25, 2014, regarding resolution 2013-143. After performing a prima facie examination of the petitions as required by law, the City Clerk deemed the Initiative Petition to be filed as of June 27, 2014 and submitted the Initiative Petition to the Fresno County Clerk/Registrar of Voters for a full signature count in accordance with the Election Code. The Fresno County Clerk/Registrar of Voters examined the signatures on the Initiative Petition and found that it contained 5,544 sufficient signatures (Attachment A). The City Clerk has issued a Certificate of Sufficiency of the Initiative Petition (Attachment B). After adoption of the proposed resolution accepting the Certificate of Sufficiency, Elections Code Section 9215 provides that the City Council must take action on one of the following alternatives: a)Report - from any City department on effect of proposed initiative measure; or b)BILL - (For Introduction) - Repealing Resolution Nos. 2013-143 titled “Ratifying the Proposition 218 Process, According to California Constitution article XIIID and Adopting a Four Year Water Rate Plan” and 2013-144 that amended the Master Fee Schedule titled “To Adjust Water Fees in the Public Utilities Water Fee Section According to Proposition 218”; or c)RESOLUTION - Calling a general municipal election on Tuesday, November 4, 2014, and submitting to City voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted a four year water rate plan and amending the Master Fee Schedule adjusting the wataer rates according to Proposition 218. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-154 Agenda Date:7/17/2014 Agenda #: FISCAL IMPACT Election Dates and Cost November 4, 2014 $55,000 to $75,000 Attachments: Attachment A - Resolution regarding Certificate of Sufficiency (with exhibits A and B) Attachment B - Resolution referring the proposed initiative measure to staff for a report Attachment C - Bill for introduction repealing Resolution No. 2013-143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218 Attachment D - Resolutions - Submitting to voters a ballot measure relating to Resolution Nos. 2013- 143 and 2013-144 that adopted the Four Year Water Rate and amending the Master Fee Schedule adjusting the water rates according to Proposition 218, for the November 4, 2014 general election City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No.______ Exhibit A RESOLUTION NO. _____ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA SUBMITTING TO CITY VOTERS A BALLOT MEASURE RELATING TO RESOLUTION NOS. 2013-143 AND 2013-144 THAT ADOPTED THE FOUR YEAR WATER RATE PLAN, FOR THE NOVEMBER 4, 2014 GENERAL ELECTION WHEREAS, on August 15, 2013, the City Council of the City of Fresno adopted Resolution Nos. 2013-143 and 2013-144 adopting the Four Year Water Rate Plan; and WHEREAS, on June 25, 2014, the City Clerk (Elections Official) received an Initiative Petition to repeal Resolution Nos. 2013-143 and 2013-144; and WHEREAS, after a prima facie review by the City Clerk, the Initiative Petition was deemed filed on June 27, 2014; and WHEREAS, the Fresno County Clerk/Registrar of Voters examined the petition signatures against the records of registration and submitted the findings of the verification process to the City Clerk; and WHEREAS, the City Clerk issued a Certificate of Sufficiency for the Initiative Petition as required under the Elections Code; and WHEREAS, the Council has determined to submit the ordinance to the City voters. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: SECTION 1. The Council submits to the electors of the City of Fresno, at its general municipal election to be consolidated with the statewide general election to be held on November 4, 2014, a ballot measure to repeal Resolution Nos. 2013-143 and 2013-144, that adopted the Four Year Water Rate Plan. SECTION 2. The question to be submitted to the voters with respect to the ballot measure shall be printed on the election ballot with the title and in the form set forth as follows: CITY OF FRESNO’S FOUR YEAR WATER RATE PLAN. Shall the ordinance to repeal Resolution Nos. 2013-143 and 2013-144 that established the Four Year Water Rate Plan, be adopted? Yes No 2 of 3 Resolution No._____ Exhibit A SECTION 3. The following constitutes the synopsis of the measure to be voted on for purposes of meeting the publication requirements of Election Code Section 12111: MEASURE TO BE VOTED ON CITY OF FRESNO’S FOUR YEAR WATER RATE PLAN This measure repeals the Four Year Water Rate Plan adopted by City Council on August 15, 2013, after a Proposition 218 hearing, based on the water rate study of the City’s water system plans, future planned capital improvement projects, and projected systems operations and maintenance. The repeal of Resolution Nos. 2013-143 and 2013-144 that established the Four Year Water Rate Plan will return the water rates to those in effect before its adoption, reducing the revenues collected from fees into the water enterprise system. SECTION 4. The full text of the ordinance to be submitted to the voters is attached as Exhibit A. The full text of the measure is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text of the measure shall be made available at the Office of the Fresno County Clerk/Registrar of Voters and the Office of the Fresno City Clerk. SECTION 5. The City Clerk shall file a certified copy of this resolution with the Fresno County Elections Office on or before August 8, 2014. SECTION 6. The Fresno County Clerk/Registrar of Voters shall give the appropriate notices for the election and shall conduct the election pursuant to appropriate provisions of state law. SECTION 7. The City shall reimburse the County of Fresno for the above-mentioned services performed by the Fresno County Clerk/Registrar of Voters, upon presentation of the bill to the City. SECTION 8. The City Attorney shall prepare an impartial analysis of the measure in accordance with Elections Code Section 9280. SECTION 9. Passage of this measure requires 50% plus 1 vote. / / / / / / / / / 3 of 3 Resolution No._____ Exhibit A * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tei Yukimoto [Date] Assistant City Attorney TY:pn/elb[65219pn/elb/RESO] Rev. 07-11-14 REPORT TO THE CITY COUNCIL July 17,2014 FROM: WONNE SPENCE, CMC Office of the City Clerk SUBJECT 9:30 AM - Actions Pertaining to the Sufficiency of lnitiative Petition Regarding Resolution Nos. 201 3-143 and 201 3-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a. RESOLUTION - Accepting the City Clerk's Certificate of Sufficiency for the lnitiative Petition b. Take one of the following actions: 1. RESOLUTION - Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2. BILL - (For lntroduction) - Repealing Resolution No. 201 3-143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3. RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 201 3-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4,2014 general election. RECOMMENDATIONS 1. Adopt Resolution Accepting the City Clerk's Certificate of Sufficiency for the lnitiative Petition Relating to Resolution 2013-143 (Adopting a Four Year Water Rate Plan); and 2. Take one of the following actions: a) Report - from any City department on effect of proposed initiative measure; or b) BILL - (For lntroduction) - Repealing Resolution Nos. 2013-143 titled "Ratifying the Proposition 218 Process, According to California Constitution article XlllD and Adopting a Four Year Water Rate Plan" and 2013-144 that amended the Master Fee Schedule titled "To Adjust Water Fees in the Public Utilities Water Fee Section According to Proposition 219"; or c) RESOLUTION - Calling a general municipal election on Tuesday, November 4,2014, and submitting to City voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted a four year water rate plan. EXECUTIVE SUMMARY The initiative petition regarding Resolution 2013-143 and 2013-144 (Adopting a Four Year Water Rate Plan) has been determined to be sufficient. A resolution accepting the City Clerk's Certificate of Sufficiency of the lnitiative Measure to Repeal the City of Fresno's Four Year Water Rate Plan is presented to Council as required by law. After adopting the resolution accepting the Certificate of Sufficiency, the Council must take action on one of the alternatives listed in item number two above. BACKGROUND On August 15, 2013, the Council adopted Resolution 2013-143, a resolution adopting a four year water rate plan and Resolution 201 3-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218. An lnitiative Petition was received by the City Clerk on June 25,2014, regarding Resolution 2013-143 and Resolution 201 3-144. After performing a prima facie examination of the petitions as required by law, the City Clerk deemed the lnitiative Petition to be filed as of June 27 , 2014 and submitted the lnitiative Petition to the Fresno County Clerk/Registrar of Voters for a full signature count in accordance with the Election Code. The Fresno County Clerk/Registrar of Voters examined the signatures on the Initiative Petition and found that it contained 5,544 sufficient signatures (Attachment A). The City Clerk has issued a Certificate of Sufficiency of the Initiative Petition (Attachment B). After adoption of the proposed resolution accepting the Certificate of Sufficiency, Elections Code Section 9215 provides that the City Council must take action on one of the following alternatives: a) Report - from any City department on effect of proposed initiative measure; or b) BILL - (For lntroduction) - Repealing Resolution Nos. 2013-143 titled "Ratifying the Proposition 218 Process, According to California Constitution article XlllD and Adopting a Four Year Water Rate Plan" and 2013-144 that amended the Master Fee Schedule titled "To Adjust Water Fees in the Public Utilities Water Fee Section According to Proposition 218"; or c) RESOLUTION - Calling a general municipal election on Tuesday, November 4,2014, and submitting to City voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted a four year water rate plan and amending the Master Fee Schedule adjusting the water rates according to Proposition 218. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Election Dates and Cost November 4,2014 $55,000 to $75,000 Attachments: Attachment A - Resolution regarding Certificate of Sufficiency (with exhibits A and B) Attachment B - Resolution referring the proposed initiative measure to staff for a report Attachment C - Bill for introduction repealing Resolution No. 2013-143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218 Attachment D - Resolutions - Submitting to voters a ballot measure relating to Resolution Nos. 201 3-143 and 2013-144 that adopted the Four Year Water Rate and amending the Master Fee Schedule adjusting the water rates according to Proposition 218,1or the November 4, 2014 general election ATTACHMENT A RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ACCEPTING THE CITY CLERK'S CERTIFICATE OF SUFFICIENCY FOR INITIATIVE PETITION RELATING TO RESOLUTION NOS. 2013-143 AND 2013-144 ADOPTING THE FOUR YEAR WATER RATE PLAN WHEREAS, on August 15,2013, the City Council adopted Resolution Nos. 2013- 143 and 2013-144, adopting the Four Year Water Rate Plan; and WHEREAS, on June 25, 2014, the City Clerk (Elections Official) received the lnitiative Petition to repeal Resolution Nos. 2013-143 and2013-144; and WHEREAS, after a prima facie review by the City Clerk, the lnitiative was deemed filed on June 27,2014; and WHEREAS, for a Proposition 218 measure, an initiative petition must be signed by at least five (5) percent of the votes cast in the City for all candidates for Governor in the last gubernatorial election; and WHEREAS, 96,563 votes were cast in the City in the 2010 gubernatorial election, and 4,828 signatures were needed to qualify the lnitiative Petition for a regular election; and WHEREAS, on July 8, 2014, the Fresno County Clerk/Registrar of Voters determined that the lnitiative Petition contained 5,544 sufficient signatures and notified the City Clerk as set forth in Exhibit "A"; and WHEREAS, the City Clerk has prepared the Certificate of Sufficiency of lnitiative Petition; and WHEREAS, the Elections Code requires that if the lnitiative Petition is found sufficient, the City Clerk shall certify the results of the examination to the City Council at its next regular meeting. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno that the City hereby accepts the Ceftificate of Sufficiency for the lnitiative Petition prepared by the City Clerk attached as Exhibit "B". Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1+ I of2 Resolution No. *********tr*tr** STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES . NOES : ABSENT : ABSTAIN : Mayor Approval:,2014 Mayor Approval/No Return:2014 Mayor Veto:,2014 Council Override Vote:2014 WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tei Yukimoto Date Assistant City Attorney Attachments: Exhibit "Au - Fresno County Clerk/Registration Verification of Signatures dated July 8, 2014 Exhibit "8" - City Clerk Certificate of Sufficiency for the lnitiative Petition TY:elb [6521 Selb/ty] Reso 07 I 1 51 1 4 2 of2 Resolution No. EXHIBIT A RECEIVEÐ ?ÍJ1\ JìJL I Pfll"fflT .LERK',*"" I tlnoÏ J:"^Ttr CITY CLERK' T'RESNO CA July 8,2014 Yvonne Spence, City Clerk City of Fresno 2600 Fresno Street Room 2133 Fresno, California 93721 Dear Ms. Spence: The lnitiative Measure to Repeal City of Fresno's Four-Year Water was received from the Fresno City Clerk by this office on June 27, 2014. As directed by your office, we have completed a 100% signature verification process, and from thatexamination I have determined the following facts regarding this petition: Number of sections submitted: Number of signatures submitted: Number of signatures verified: Number of signatures found NOT sufficient: (lncludes 298 duplicates) Number of signatures found sufficient: 1 ,111 6,379 6,379 834 lf you have any questions, please contact our office at (5b9) 600-3023. 5,544 2221 Kern Street . Fresno, Califomiag3l2I clerk Services (559) 600-2575. Elections (559) 600-8683 . Fax (559) 4BB-3279 Central Warehouse (559) 600-3032 Equal Employment Ipportunity . Affirmative Action . Disabled Employer Brandi L. Orth County Clerk/Registrar of Voters EXHIBIT B CERTIFICATION OF SUFFICIENCY OF INITIATIVE PETITION AGAINST RESOLUTTON NO(S). 2013 -1 43 AND 2013 -r 44 A RESOLUTION OF THE CITY OF FRESNO, CALIFORNIA, WHICH ADOPTS A FOUR YEAR WATER RATE PLAN I, Yvonne Spence, City Clerk of the City of Fresno, California, do hereby certify: That on June 25, 2074, proponents submitted to my office a petition for an initiative against Resolution 2013-143 artd 144, "4 RESOLUTION OF THE CITY OF FRESNO, CALIFORNIA, WHICH ADOPTS A FOUR YEAR WATER RATE PLAN." That pursuant to Proposition 2I8, it has been determined that the Fresno County Registrar's last offrcial report of votes cast in the 2010 gubernatorial election to the Secretary of State for the City of Fresno was 96,563 votes cast and that 5%;o of said votes cast would require 5,544 valid signatures to qualifu the initiative petition. That in accordance with Proposition 218, it has been determined that said petition contained 6,26I signatures (prima facie count.) Pursuant to Proposition 218, petition signatures were examined by the Fresno County Registrar as per Election Code Section 9114, and that Offrce has determined that 5,544 signatures are valid. Therefore, the initiative petition against Resolution No. 2013-143 and 2013-144 submitted by the proponents is deemed to be sufficient. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fresno this 11th day of July,2014. Spence Clerk y ofFresno ATTACHMENT B RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, REFERRING THE PROPOSED INITIATIVE MEASURE TO C¡TY MANAGER OR DESIGNEE FOR A REPORT PURSUANT TO ELECTIONS CODE SECTION 9212 WHEREAS, on August 15, 2013, Council adopted Resolution Nos. 2013-143 and 2013-144 adopting a Four Year Water Rate Plan; WHEREAS, on June 25, 2014, City Clerk received an lnitiative Petition to repeal Resolution Nos. 2013-143 and 2013-144; and WHEREAS, City Clerk issued a Certificate of Sufficiency for the lnitiative Petition; and WHEREAS, pursuant to Elections Code Section 9212, Council may refer a proposed initiative measure to any City agency for a repoft on any of the following: its fiscal impact; its effect on internal consistency of general and specific plans; its effect on the use of land and its impact on housing; its impact on funding for infrastructure of all types; its impact on the community's ability to attract and retain business and employment; its impact on the use of vacant parcels of land; its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and on any matters Council requests to be in the repoft. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. The proposed initiative measure is referred to the City Manager or designee for a report on matters enumerated in Elections Code Section 9212. 2. The Report shall be presented to Council no later than 30 days after the City Clerk certifies the sufficiency of the petition, in accordance with Elections Code Section 9212. Hl Hl Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1of 2 Resolution No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss, crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of AYES : NOES : ABSENT : ABSTAIN : ,2014. Mayor Approval:2014 Mayor Approva l/No Return:,2014 Mayor Veto:2014 Council Override Vote:,2014 WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tei Yukimoto Date Assistant City Attorney TY:elb [65236e1b/tyl Reso 07 -1 5-1 4 2of2 ATTACHMENT C BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, REPEALING RESOLUTION NOS. 2013-143 AND 2013-144 THAT ADOPTED A FOUR YEAR WATER RATE PLAN. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL WATER RATE INCREASES. Resolution Nos, 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, are hereby repealed. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. The current rates will remain in effect, until this ordinance takes effect and applied prospectively. ilt ut ilt Date Adopted: Date Approved Effective Date: City Attorney Approval: Page 1 of 2 Ordinance No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES :NOES : ABSENT : ABSTAIN : Mayor Approval:,2014 Mayor Approval/No Return:2014 2014 ,2014Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tei Yukimoto [Date] Assistant City Attorney TY:elb [6521 Telbllyl Ord 07 1 51 4 WONNE SPENCE, CMC City Clerk BY: Deputy Page 2 of 2 ATTACHMENT D RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA SUBMITTING TO CITY VOTERS A BALLOT MEASURE RELATING TO RESOLUTION NOS. 2013-143 AND 2013-144 THAT ADOPTED THE FOUR YEAR WATER RATE PLAN, FOR THE NOVEMBER 4, 2014 GENERAL ELECTION WHEREAS, on August 15,2013, the City Council of the City of Fresno adopted Resolution Nos. 2013-143 and 2013-144 adopting the Four Year Water Rate Plan; and WHEREAS, on June 25, 2014, the City Clerk (Elections Official) received an lnitiative Petition to repeal Resolution Nos. 2013-143 and 2013-144; and WHEREAS, after a prima facie review by the City Clerk, the lnitiative Petition was deemed filed on June 27 , 2014; and WHEREAS, the Fresno County Clerk/Registrar of Voters examined the petition signatures against the records of registration and submitted the findings of the verification process to the City Clerk; and WHEREAS, the City Clerk issued a Certificate of Sufficiency for the lnitiative Petition as required under the Elections Code; and WHEREAS, the Council has determined to submit the ordinance to the City voters. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: SECTION 1. The Council submits to the electors of the City of Fresno, at its general municipal election to be consolidated with the statewide general election to be held on November 4, 2014, a ballot measure to repeal Resolution Nos. 201 3-143 and 2013-144, that adopted the Four Year Water Rate Plan. The Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418. SECTION 2. The question to be submitted to the voters with respect to the ballot measure shall be printed on the election ballot with the title and in the form set forth as follows: Date Adopted: Date Approved: Effective Date: City Attorney Approval : 1of 3 Resolution No. CITY OF FRESNO'S FOUR YEAR WATER RATE PLAN. Shall I Yes the ordinance repealing Resolution Nos. 2013-143 and 2013- 144 on the Four Year Water Rate Plan be adopted, and return I No the water rates to those previously in effect, and reduce the funding available to the City to operate, maintain, and improve the City's water supply, treatment, and distribution facilities in accordance with regulatory requirements for public health and SECTION 3. The following constitutes the synopsis of the measure to be voted on for purposes of meeting the publication requirements of Election Code Section 12111. MEASURE TO BE VOTED ON CITY OF FRESNO'S FOUR YEAR WATER RATE PLAN This measure repeals the Four Year Water Rate Plan adopted by City Council on August 15,2013, after a majority protest hearing, following 45 days mailed notice, to which less than 0.4 % of the City's water customers protested the rates. The Rate Plan is based on a study of the City's water system plans, future planned capital improvement projects, and projected systems operations and maintenance by an independent rate-making consultant. The repeal of Resolution Nos. 2013-143 and 2013-144 that established the Four Year Water Rate Plan will return the water rates to those in effect prior to its adoption, thereby reducing funding to maintain and improve the City's water utility to address drought, groundwater quality and supply problems, and other costs. The measure does not limit the City Council's power to set new rates in the future. SECTION 4. The full text of the ordinance to be submitted to the voters is attached as Exhibit A. The full text of the measure is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text of the measure shall be made available at the Office of the Fresno County Clerk/Registrar of Voters and the Office of the Fresno City Clerk. SECTION 5. The City Clerk shall file a certified copy of this resolution with the Fresno County Elections Office on or before August 8,2014. SECTION 6. The Fresno County Clerk/Registrar of Voters shall give the appropriate notices for the election and shall conduct the election pursuant to appropriate provisions of state law. 2of3 Resolution No. SECTION 7. The City shall reimburse the County of Fresno for the above-mentioned services performed by the Fresno County Clerk/Registrar of Voters, upon presentation of the bill to the City. SECTION 8. The City Attorney shall prepare an impartial analysis of the measure in accordance with Elections Code Section 9280. SECTION 9. Arguments in favor or against the proposed measure are permissible and shall be filed with the Fresno County Clerk/Registrar in accordance with Elections Code Section 9280 and file it with the Fresno County Clerk/Registrar of Voters. SECTION 9. Passage of this measure requires 50% plus 1 vote. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return: 2014 2014 2014 2014 Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tei Yukimoto [Date] Assistant City Attorney TY:elb [65247e1b/ty] RESO Rev. 071 514 WONNE SPENCE, CMC City Clerk BY: Deputy 3of3 Resolution No. EXHIBIT A INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO TIIE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: Title: INITIATIVE MEASURE TO REPEAL CITY OF FRESNO'S FOUR-YEAR WATER RATE PLAN AND RELATED \ryATER FEES Summary: A "yes" vote on this measure would repeal rvater rates to be charged over four years that the Fresno City Council adopted on August 15, 2013, and cause the rates.to return to what the Council adopted in 2008. The City Council adopted the 2013 water rates to pay for increased costs to provide adequate water that is safe to drink. The increased costs are caused by changes in state and federal drinking water standards, depletion of ground water, costs of maintenance and repairs to old water pipes and other parts of the water system, and the necessity to build a surface water treatment plant. If the current rates are repealed, the City Council could impose higher rates again. However, it would delay the City's work to repair and improve the water system. TO TIIE HONORABLE CLERK OF THE CITY OF FRESNO: We, the undersigned, registered, qualified voters of California, residents of the City of Fresno, hereby propose an ordinance relating to water rates, and petition you to immediately submit this initiative to the City Council for adoption without alteration, or in the alternative, for submission to the voters of the City of Fresno at a special election pursuant to Elections Code section 9214, or the jurisdiction's next regular election for which it qualifies. The proposed ordinance reads as follows: The people of the City of Fresno do ordain as follows: SECTION 1. STATEMENT OF FII\DINGS A. The City of Fresno conducted a Proposition 218 process for increasing water rates charged to City and County residents who receive City water services. The process was flawed in that the materials provided by the City did not adequately inform all ratepayers of the actual impact of the increased rates and involved a burdensome procedure that had the effect of denying all ratepayers a reasonable opportunity to protest. B. The new increased water rates schedule includes perplexing and irrational calculations based on a combination of how water is used, standby charge, pipe size and water meter volume. C. The revenue from the new increased water rates is set to pay for over $410 million in new projects and will cause the City to borrow of over $320 million - more than doubling the debt the City owes for the current water system. D. A big part of this rate increase is for the payment of the nerv debt, causing the ratepayer's water bill to nearly triple by the middle of 2016. E. Over two-thirds of the cost of the new projects is on the City's southeast side where the City's Draft 2035 General Plan calls for urbanization of prime agricultural land within 20 years. Apparently this water rate increase scheme is designed to allow the City to signifTcantly expand its boundaries and promote urban sprawl. F. Virtually all residents are concerned about assuring that we have a healthy and reliable water supply and have supported efforts to provide it. However, any increases in water rates must be reasonably based on actual costs to achieve such a goal, and requiring current ratepayers to foot the bill to benefit future urban development that exceeds the actual cost of providing current service is unreasonable and burdensome to the current ratepayers. Also, they expect that the City will not punish them for a reasonable use of water to maintain the needs of their businesses, families and their landscapes. SECTION 2. STATEMENT OF PURPOSE The voters of the City of Fresno desire to repeal the recent water rate increase in accordance with Section 3 of Article XIII C of the Constitution of the State of California. Further, the people of the City of Fresno, and on behalf of ratepayers outside of the City who receive their water services from the City, desire that the City repeal these unsound and unfair rates, and call on the City to undertake a new, sincere and comprehensive look at adopting water rates that reflect the City's legitimate costs of providing water service without creating huge new debt obligations and subsidizing future development and other non- water related City endeavors. Any future rate setting process should respect the participation of all ratepayers by (a) providing INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS impartial, accurate information regarding the impact ofthe proposed new rates; (b) providing all ratepayers a reasonable opportunity to participate and does not have the affect of suppressing ratepayer/voter involvement; (c) respecting the rights of all non-City residents of Fresno County who have no representation in the rate-setting process; (d) be cognizant of the impact of any rate increase on businesses and families, particularly to the large number of fixed and low income households in this community; and (e) adopting rates that are rational and justified by the City's operational costs related to delivery of water services, and infrastructure maintenance and improvement needs. SECTION 3. REPEAL \ryATER RATE INCREASES In accordance with Section 3 of Article XIII C of the Constitution of the State of California, the People of the City of Fresno hereby repeal the water rates adopted by the City Council on August 15,2013: A. Resolution number 2013-143 is hereby repealed. The full text of Resolution 2013-143 is attached. B. Resolution number 2013-L44 is hereby repealed. The full text of Resolution 2013-144 is attached. Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the Cify of Fresno for the purpose of repealing recent water rate increases. A statement of the reasons of the proposed action as contemplated in the petition is as follows: On August 15,2013, the Fresno City Council passed, with the Mayor agreeing, a series of water rate increases that will take effect each year for the next 3 years that are outrageously high and punitive to most households and businesses that are connected to Fresnots water system. For example, one rate will rise over 4500Á. On June 27r20l3,the Council authorized Proposition 218 protest notices be mailed, declaring the new proposed rate increases, only to property owners and not tenant ratepayers. In the City of Fresno this clearly eliminated a significant number of ratepayer customers from the Proposition 218 notice and protest process. Besides faiting to provide a meaningful opportunity for expression of protest by the elimination of the tenant notice the process was additionally flawed because it also relied on inaccurate data, minimized the scope ofrate increases, and adopted rates that are confusing and irrational and obviously structured to justiff further indebting the City, in part, to bankroll urban sprawl. The newwater rates do not reflect the needs and resources ofratepayers and far exceed the rates necessary to cover the City's costs of providing water service and maintaining infrastructure. Increasing the per capita debt for the City's water system by more than double is risþ and foolhardy during these uncertain times. ft creates too big of a burden on any individual utility customer, particularly in a City that has a large number of households with fixed, low and poverty level incomes. The people of the City of Fresno, and on behalf of ratepayers outside of the City who receive their water services from the City, desire that the City repeal these unsound and unfair rates, and call on the City to undertake a nevy, sincere and comprehensive look at adopting water rates that reflect the City's legitimate costs of providing water service without creating huge new debt obligations and subsidizing future development and other non-water related City endeavors. Signed: /s/ Diane Smith /s/ Doue Vaeim /s/ Steve'Wavte Diane Smith Doug Vagim Steve Wayte RESOLUTTON NO. 2013_143 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, RAT]FYING THE PROPOSITION 218 PROCESS ACCORDING TO CALIFORNIA CONSTITUTION ARTICLE XIIID AND ADOPTING A FOUR YEAR WATER RATE PLAN WHEREAS, on June 27, 2013, the Department of public Utili Report to the city council, and the city council directed staff to ini 218 process on the proposed water rates, as ouflined in the WHEREAS, on June 28,2013, staff mailed the Notice of property owners served by the Department of Public Utilities, as 218 (Cal. Const. Art. XlllD, g 6); WHEREAS, the Notice of Public Hearing instruè{ file a protest on the proposed water rates, in accordancl rope¡þwners on how to [L]ã liforn ia Gonstitution Article XlllD; and 1. WHEREAS, the proposed water rates obligations, reserves, and costs for within the service areas; and WHEREAS, thE Financial Plan and Rates Clerk's Office. NOW, THE based upon the 15,2013, DateAdopted: 0811512013 Date Approved: 0812612013 Effective Date: 08/26/201 3 fund capital projects, debt ntaining current service levels re supported by the "Water Utility which is on file at City Hall in the City testimony presented at the Public Hearing of August ftritten protests were presented to prevent the proposed imposed; and water rates set forth in the Notice of public Hearing, to take 17, 2013, July 1, 2014, July 1 , 2015 and July 1, 2016, are by the Fee Study which ís incorporated herein; and Ratifies the Proposition 218 process and adopts the water rates recommended 8V Lt'". Dep.artment of Public Utilities, as set forth in the Notice of public Hearing to all property owners; and 1 o12 Resolution No. 201 3-143 4. Directs staff to update the Master Fee Schedule during the annual budget process, in accordance with the effective rates adopted as part of this Resolution. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. clTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, resolution was adopted by the Council of the Gity of Fresno, at a on the 15th day of Auqust ,2013. AYES NOES ABSENT ABSTAIN Baines, Brand, Brandau, Caprioglio, Olivier, Quintero None None Mayor Approval: Mayor Approval/No Return: Mayor Veto: Council Override Vote: 2013 ,2013 ,2013 ,2013 WONNE SPENCE, CMC City Clerk TY:elb [6241 1 elb:ty] lProp 2l I Hearing/Reso] Rev- 8-5-13 2 o12 August 16, 2013 RECEI\/¡1 eouncílAdoption:LL; Mayor Appmval:TO: MAYOR ASHLEY SWEAREMJIUE ZO AI{ II; .,rI ÜÍä,;OU¡Tå,**FRoM: woNNE spENcE, cMc r¡{¡4Gñ*fi. FRrsHr cÁCity Clerk - -Í\-- \JSUBJECT: TRANSMITTAL OF cOUNclL ACTION FOR APPROVAL OR At the Council meeting of 811512013, Council adopted the attached entitled Ratifying the Proposition 218 process according to Article XlllD and adopting proposed water rates under a four No. 5:00 p.m. b. by the following vote: 143 , ltem Ayes Noes Absent Abstain Ayes Noes Absent Abstain Baines, Brand, Brandau, Caprioglio, Olivier, Quintero None None Please indicate either your formal approval or veto b plefilthe following sections and mo with the Clerk's office on or before August 26,2013. ln computing has been excluded and the tenth day has Sunday, or holiday, in which case it has a lxèlúded. Failure to file this memo with constitute approval of the ordinance,the Clerk's office within the requ resolution or action, and it the Mayor's signed approval. Thank you, VETOED (Written objections are required by Charter; attach add Swearengin' iequired b.y Charter, the first day >ss the 10'n day is a Saturday, OVERRIDE ACTION: : : APPROVED,INO fò g reasons: RESOLUTTON NO. 2013-144 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 514th AMENDMENT TO THE MASTER FEE SCHEDULE RESOLUTION NO. 80420 TO ADJUST WATER FEES IN THE PUBLIC UTILITIES WATER FEE SECTION ACCORDING TO PROPOSITION 218 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT the Master Fee Schedule Resolution No. 80-420 be and is adjust water fees in the Public Utilities Water Fee Section in accordance and Resolution No.2013-143. The revised peges of the Master Fee Exhibit'A" and are hereby incorporated by reference and made a part shall update the Master Fee Schedule annually during the budget effect, as adopted in Resolution No. 2013-143. THAT fees shall become effective September 17 ,2013. STATE OF CALTFORNIA ) COUNTY OF FRESNO )ss. ctTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the Resolution was adopted by the Council thereof, held on the 1Sth day of Aug Baines, Brand, certify , California, that the foregoing at a regular meeting AYES : NOES : ABSENT: ABSTAIN: Olivier, Quintero None None Mayor Mayor Mayor Date Adopted: 0811512013 Date Approv ed: 0812612013 Effective Date: 0911712013 2013 2013 2013 2013 Resolution No. 201 3-144 k:\¡ebdocuments\resolutions\2Oî3 resolutions\reso 2013-144 mfs 514th water rate increase.dOCx WONNE SPENCE CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY DEPARTMENT OF PUBLIC UTILITIES WATER DIVISION WATER FEES Service Gharges, Flat Rate (single-family only) Premises conaining only a sinlge,family residence, the total shall be the basic rate plus applicable additional charges. First 6,000 square feet or less of lot size Each additional 100 square feet Senior Citizen (62 years or older) meeting all the conditions listed 1. Single-family residents only; 2. Service must be in name of senior citizen; 3. Occupants or residents must be senior citizen or dependants of senior citizen (not to exceed per residence); 4. Benefitting senior citizen must notiff the longer qualify. First 6,000 square feet or less of Each additional 100 square feet ---12ß1 __2OS€ ---æ4 11,79 -------ll-€g ____5S9 _____€s8 --+e¡+ne+etlewin+. Alf fees effective 0710'|113 unless otherwise noted MFS Amendment #5,l4 (August 2013) t8/s/201s3:48 pMl Page I CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY otal charge shall be €tandby monthly meter service charge lus quantity charge based on usage Meter Service€tanCþy Charge (meter size per month) Feet (HCF) 83. 161. 253. 361. 670. New New New New New New New New New New New New New New New All fees effective 07101113 unless otherwise noted MFS Amendment #514 (August 2013) [8/5/20133:48 PM]Page 2 CITY OF FRESNO MASTER FEE SGHEDULE AMENDMENT SUMMARY Private Hydrant f -inch 1-112-inch 2-inch 2-112ad3-inch 4-inch 6-inch 8-inch 10-inch 12-inch New New New New New New New Alf fees effective 07l01l'13 unless otherwise noted MFS Amendment #514 (August 2013) fs/5/20133:48 pMl Page 3 CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT DETAIL DEPARTMENT OF PUBLIC UTILITIES WATER DIVISION lntroduction The Water Division contnacted with MunicipalFinancialServices in June 2010 to conduct a rate study. The broad objective of the study was initially to review the short-term revenue Fresno's Water Enterprise for FY 2012 to FY 2016 through the implementation of cost of servi methodologies. Subsequently, the rate study was revisedto fund water system funding through FY 2017 and the Water Utility Financial Plan And Rates Study Final Report (Rate March 2013. The study was based upon a comprehensive review of the City of F reports; water system plans; billing information, such as customer classes and capital improvements projects; bond covenants; projected system operations and information deemed applicable. Following is a summary of how the recommended changes to water se the proposed rates is also attached. Rate Setting Process The study was conducted using the following steps of 1. Revenue Requirements - The amount of revenue req sufficient revenue to meet the following three Cover all operational and maintenance Maintain a prudent levelof fund Satisfaction of debt service 2. Cost-of-Service - Allocates the revenue equitable manner 3. Rate-Design - Considers requírements from each cless Revenue Requirements The water system o&M repair, etc. These and and All fees effective 07101113 unless othenrise noted MFS Amendment #514 (August 2013) [8/s/20133:48 pM] rates were deg[oped. A table showing is dependent upon producing a a a service expend (net of non-rate revenue) various customer classes of service in a fair and the rate design to collect the distributed revenue are comprised of five basic categories: ln FY 2014, the City's O&M expenditures are budgeted at $48.3 miilion. as labor, chemicals, power, water purchases, parts, equipment, contract due to negotiated labor contract increases; inflationary increases for goods with more stringent state and federalwater treatment regulations; operation and water system components; and repair and maintenance of old, failing the projection of O&M expenditure increases beyond FY 2014, as a factor in future rate increases. These increases increased to $55.6 million per year inFY 2017, which include a inflation factor. Page 4 CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT DETAIL caoital lmprovements Funded From Rates 'The city has developed a comprehensive water Capital lmprovementProgram (ClP) to address curent and future water system needs. These projected costs include a threeannual inflation factor due to anticipated increases in construction costs over time. This inflation rate is aconservative estimate and ensures that the City has adequate resources reserved to complete theprojects. These projects are required to reverse the declining water table, replace aging regulatory requirements and meet operational demands. clP project expenditures planned for Fy 14 through Fy 17 as recommended in the $410 million and are summarized in the following categories along with the total ex SE Su rface Water Treatment Facitity (SWTF)-$226.6M Water Main Renewal-$5S.3M SE SWTF Transmission Pipelines-949.6M Water Well Construction-$32. 8 M T4 Downtown Tank & Booster pump Station-$9,7M City Recharge Basins-$7.1 M Water Main Extensions-96.4M Downtown Water System Upgrades-g4. 1 19 other water capital projects-917.9M The CIP is to be funded through a combination of system million) of the $410 million is projected to be 2016. The remaining expenditures are funded from water rates. The Division willcontinue to pursue grant and low-interest assumed ftom these sources. but urposes of this study, no revenues were Debt Service - The City's existing ann and ínterest payments are approximately 915,5million for three bonds, three state loan and one loan through the Fresnolrrigation District. New debt payments are projected to approximate $3.3 million in Fy2014for a totalof $19.0 beginning ínFY 2017, is projected to be approximately 942.0million per year íf the two made in 20'14 and2016. EÞ - As a condition of bond issuances, the city must make rate covenants and charges for the water.system each físcal year, which will at least yield of the estlmated Debt service. The proposed rate increases are designed to s during the study period vary Írom 1 .4T in Fy 2014 to 1 .s3 in Fy 20í7 . - A target fund balance (reserves) was developed for the enterprise fund to provide ital that will enable the City to adjust to unexpected changes in accounis receivable fromunexpected increases in O&M expenses and emergency capital costs. The working capitalof the targetfund balance is based on 45 days of annual o&M expenses, A second componen-t is basedannual o&M expenses for pumping power and source of supply. The third "orpon"ni is a fixed capital expenditures not budgeted as part of the capital improvement program. The totalenterprise fund target balance in FY 2013 is $1S.0 miilion and increases to $17.3 million in fV ZOIZ. All fees effective 07/,01/,13 unless otherwise noted MFS Amendment #514 (August 20191 1gt5t2o1s3:48 pMl fbond financing. Approximatety 79% ($g2S Bond issuances are scheduled for 2014 and five Page 5 CITY OF FRESNO MASTER FEE SCHEDULE AIVIENDMENT DETAIL Gost of Service Methodology The key steps in the process of determining cost-of-service water rates include:1. Determining, as part of the 5-year financial planning process, total system revenue requirement2. Forecasting water demand for the total system, and for each customer rate class;3. Assigníng the revenue requirement ftom water rates to functional cost categories such as4. Classifying the revenue requirement from water rates based on the engineering design and/or5. Determining the revenue requirement from water rates for specific customer rate classes6. The final step in the ratemaking process is rate design. This is the process of Recommended Rate Structure The total amount of revenue required from charges is allocated between amounts to service charges and from the quantity charge. This is accomplished by first allocating categories - those that are independent of the amount of water use (for example, billing, fire protection) and those that are dependent on the amount of water use of supply, Monthly Meter Service Charoe - The development of recommended principles involves allocating revenue requirements that are independent of costs and dividing those dollar amounts by the projected for the monthly meter service charge is recommended at components:. Accounts: 13.4% - costs that include, but are not customer service and collecting expenses.. Domestic use: 14.0% - costs that i meters. The total percent arnong the following three cost billing, customer accounting, to, the maintenance and capital costs related to ler and irrigation water). public fire hydrants and related branch mains charges based on cost of service prínciples is based the soilEé of supply and production of water and dividing that dollar . The percent of revenue required from rates to be recovered from are completely dependent on assumptions of projecled water projection section), A major change in the proposed revised rate structure charges (SFR and Customers Other than SFR) with a single quantity - lt is recommended that the city adopt the following additional changes in charges for irrigation meters (delete fire protection comoonent). Citizens. The cost of service based meter charges and i¡uantití charges for Fy cost reading, storage, based on cost ofservice three categories of meters and services that provide water for. Fire service: 6.6% - costs that incl and valves. Quantitv Charoe - The deve on allocating revenue amount by the projected quantity charges is 66%. use for each customer is to replace the charge applicable the rate structure: 1. 2. I capacíty. 5. Reassign travel meter charges to the same 3 inch meter rated capacity, All fees effective 07l01ll3 unless othenvise noted MFS Amendment #514 (August 20131 l$tstzolï3:48 pMl have an allowance for senior citizen customers. The allowance for senior citizen customers projected residential flat charges will phase out when all residential customers are billing. fire service meter service charges to include the account and fire service components and exclude meter service charges for private hydrants and for meter sizes 4 inch and smaller to the same rated the Page 6 CITY OF FRESNO MASTER FEE SGHEDULE AMENDMENT DETAIL 6. Delete Other Miscellaneous Residential Flat Rate Charges - Currently there are other miscellaneous that are applicable to residential customers with flat charges. The other charges are for Charges for Units, Air Conditioning / Refrigeration Units and Discharge Water into a Dry Well, These charges will as they become obsolete due to the implementation of utilily bills based on metered water use. 7. Eliminate Water Treatment Charge, Fluoridation Charges - This Program affected customers and was projected to recover approximately $271,000. As of July 1*t, 2013, the prq@m was' therefore, this rate will be eliminated and the associated revenue not included in the rate Prior Backflow Prevention Proqram Fee Amendments - lt should be noted that the already been amended. During FY 2013, the City Council approved the change to have certify backflow devices and to instead require cuslomers with backflow devìces to certify annual basis using private (non-City) testing service providers. City estimates of the annual revised Backflow Prevention Program are $262,000 and the new already been adopted by the City Council and is in the MFS. Revenue Projections of $3.00 per device has lnFY 2014, the proposed 25% increase in revenue from $72 million in annual customer user charges. This is based upon a projection of number and type of service connections and any proposed and the projected growth in the use projections in this study are intended to be slightly lower than what would be scenarios to help insure that sufficient revenues conditions and realistic development is divided between the following two categories of water service accounts: Single-Family Residential -The ts from unmetered to metered connections was for a fully metered system and the impacts ofmostly completed in FY 2013. Wthout p rqiected water conservation,e, For purposes of this rate study, it is projected that SFR accounts with metered 18 ffi/month (on an average annual basis). This is based on estimating prior SFR flat rate using the recent short-term S metered usage and estimated losses from total water production, and factoring in a conservation percentage. The number of residential accounts is 0,000 and projected to grow by an average of about 730 per year during the study period. The from both monthly service and usage charges is $41.8 million. -.! hese accounts are calegorzed as efiher commercral, rrngatton, pnvate ïre service and for commercial, schools, industrial, municipal and multiple family. The current number of i irrigation, private fire service and travel meter accounts is approximalely 22,200. accounts with the remainder irrigation (14o/o) and private fire service (147o). Travel total number of domestic, irrigation, and private lire service is projected to increase for the sturdy period. The estimated water usage for these accounts is based on prior year have been metered for many years. For the rate study, water use is projected to incrèÞsed use from new connections offset by conservation. The total estimated revenue from both and usage charges is $30.2 million. All fees effective 07/,01113 unless otherwise noted MFS Amendment #514 (August 20131 1815120133:48 PMI have test and the Page 7 CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT DETAIL Rate Recommendation To accomplish the objectives established by the evaluation criteria it is recommended that the following increases for revenue from rates be adopted in the MFS: All fees effective 07101113 unless otherw¡se noted MFS Amendment #514 (August 20131 1815t20133:48 PMI -rÆff!nF,rl reconsidered each fiscal year. A copy of the Water Utility Financial Plan And Rates Study Final Report is available Page 8 CITY OF FRESNO MASTER FEE SCHEDULE 50.00 Water Service Charges, Flat Rate'** (single-family onìy) For premises containing only a single-family residence,.the total charge shall be the basic rate plus applicable additional charges. Basic rate (per month): First 6,000 square feet or less of lot size Each additional 100 square feet Senior Citizen (62 years or older) meeting all the conditions listed below: 1. 2. 3. 4. dependants of senior citizen (not to Basic Rate (per month): First 6,000 square foot or Each additional 100 Am€f,d Ëf{edive sÆlzosB 39.56w 28.32 0.286 25.49 0.257 514 514 Single-fam ily residents only; Service must be in name of seníor citizen; Occupants of residence must be per residence); Benefitting senior citizen longer qualify. 514 514 51411.78 Deletel-l-SS Delete Delete Delete in MFS Amendment #514 shall take effect on September 17,2013 and shall be adjusted annually by þudget process to reflect the rates in effect as per Reso No. Re€r+J€i+€gr+g. ate wãffi service charges for single family residential customers shall sunset as ofJemeryl¡*gl3 30,2014 or until all single family residences are metered, whichever comes first, #9 3S8 All fees effective 07101113 unless otherwise noted MFS Amendment #514 (August 20131 L't5t2o133:48 pMl Page g CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT plus quantity charge based on usage. Water Meter Service€tandby Charge (meter size per month) Resldential 3/4-inch or smaller f-inch 1-1|2-inch 2-inch 3-inch 4inch 6-inch 8-inch 10-inch 12'inch Nonresldential 3/4-inêh or smaller adopted in MFS Amendment #514 shall take effect on September 17,2013 and shall be adjusted annually by the budget process to reflect the rates in effect as per Reso No, R€€rN€r+€€++€r 10 74.60 143.00 225.00 320.00 593.00 514 1-inch 1-112-inch 2-inch 3-inch 4-inch New New New New New New New New New New New New New New New New New New New New 11.00 14.10 21.80 31.10 55.80 83.50 161,00 253,00 361.00 670.00 9.70 11.90 17.40 24.00 41.50 61.30 116.00 182.00 259.00 478.00 Èinch f-inch 10-inch 12-inch lrrigation 3/4-inch 1-inch 1- All fees effective 07101113 unless otherwise noted MFS Amendmenl #514 (August 2013) [8i5l20133:48 PM] 514 Page 10 CITY OF FRESNO MASTER FEE SGHEDULE Water Quantity Charge: ¡ç-@id€etid All Customer Classes Each 100 Cubic Feet (HCF) +eeegarcne@@ ¡pgggailon€ Water drawn from a fire hydrant / Minimum per month Wells, private (used for irrigation or commercial purposes when required to be metered) Each HCF 1,000 gallons Backflow Prevention, Program Fee Per assembly/per month Fir+å*ydmntronpriv@ Private FIre Seruice Private Hydrant 6-inch f-inch All fees effective 07/,01113 unless otherw¡se noted MFS Amendment #514 (August 2013) IB/s/20193:48 pMl 33S4 #514 shall take effect on septernber 17,2013 and shall be adjusted annually by to reflect the rates in effect as per Reso No._. R€€-Þþ!4€OZ-7€I. 1-inch 1-1|2-inch 2-inch 2-1|2-inch 4-inch 512 Effective 1t1t2013 Delete E$e€tive 9llÆ008 5'14 37.60 37.60 37.60 37.60 37.60 37.60 68.70 106.00 150.00 274.00 New New New New New New New New New New 497. Page 11 CITY OF FRESNO MASTER FEE SCHEDULE Fire Preteetien Autematic SprinlCer Se¡viee lrrigation of Gity-Owned Property, Not Metered 100 square feet Water Treatmen{ €harge¡ Flueridatien Per nenth Penalties Fire hydrant, unauthorized use / first violation Each violation after first violation Fire hydrant darnage repair fee Excavation not required Excavation required Delinquent notice Sewer connection, deferred delinquent Refurning travel meter a Conditions of service Water Wastage Services, FMC 6-520(d) First i fourth incident)* conservation class attended)* from second incident if a ss was attended)* deferred for first incident)* four 514 4æ 500 fee 2.00 + accumulated interest & principal installment 10.00 45.00 45.00 45.00 45.00 45.00 in MFS Amendment #514 shall take effect on September 17,2013 and shall be adjusted annually by processto reflectthe rates in effect as per Reso No. - ... . . ,.Res, Ne, ?007 79' are effective 9/1/08 All fees effective 0710'|113 unless othen¡vise noled MFS Amendment #514 (August 2o'l3l 1815120133:48 PMI Page 12 CITY OF FRESNO MASTER FEE SGHEDULE PUBLIG UTILITIES DEPARTMENT Penalties (continued) lllegal conneclion / per violation (See Service Work for disconnection, damage, and reinstallation of service after first incident.) Delinquent Payment Utility billings / per billing for water, sewer, sanitation, and/or solid waste service if unpaid balance > $10.00 Notification to discontinue services for non-payment of utility charges: Customers / per notification Customers with tenants / per tenant notified at a single billing address Minimum Research project fees'/ per hour Discontinuance of service for non-payment and service after payment Per Discontinuance / Restoration NOTE: The above fees are Collection Section of the Service Work (related to Blind washer / per service Service Padlock on curb stop Box (Cost & Overhead) lntentional Angle Stop/Curb Stop requ & Overhead) After-hours of service (except 15.00 219.00 368.00 10.00 406.00 100% 169.00 464 510 MFS Amendment #514 shall take etfect on September 17,2013 and shall be adjusted annually by budget process to reflect the rates in effect as per Reso No. _. Re-J.le, 2097 79, All fees effective 0710'l.113 unless otherwise noted MFS Amendment #514 (August 2013) 18t5t20133:48 pMl Page 13 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT : Water, Temporary Service* Residential (non-metered) Each 24 hours Each additionalday Single Family Residential (metered) Fire hydrant permit Fire hydrant wrench deposit 3-inch meter, turbine Deposit Deposits required shall be refunded service charges due and the cost replacement costs will be billed to the +Dâily Rate ( based on bimonth See Water Service upon the return of repair or s shall be made equipment. Any 487 Effective 3t1t2010 500 for water additional Well Drilling Permit and Examination Water Supply Well/ each Monitoring Well I to 3 / per application Morelhan3/per Well lnspection, per Well Abandonment Well Destruction Monitoring Well le (when not ready on 175.00 295.00 +50.00 62.00 236.00 174.00 46.00 78.00 285.00 133.00 500 After After 500 500 500 s00Destruction Fee (per call back) sunset as of January 1, 2013 for customers on a metered rate MFS Amendment#514 shall take effect on September 17, 2013 and shall be adjusted annually by during the budget process to reflect the rates in effect as per Reso No,_. Res"+l€+€€+-7€t 500 All fees effective 07l01l'13 unless otherw¡se noted MFS Amendment #514 (August 20131 fst5t20133:48 PMI Page 14 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC.UTILITIES DEPARTMENT Sale of Surplus Dirt City load / per yard of dirt Customer pick-up / per yard of dirt Deferment of Payment applicable to existing single-fam ily residences Same basis and fees as sewer connection charges. Frontage Charge Front foot or fraction lnstallation Charges Meter & Service lnstallation (when installed together) 1-inch 1-1|2-inch 2-inch Minimum residential service connections: Lots less than 20,000 square feet (1-inch) Lots 20,000 square feet or greater (1 Meter lnstallation (when installed on 1-inch 1-1|2-inch 2-inch Larger than 2-inch (FMC Cost plus Service lnstallation Service to See FMC 464 489 415 330.00 455.00 530.00 100% 464 reduced the curb 1 line and house) can be fixtures, etc., as provided in UBC.tap, service line, corp stop, 6-s07(a)(3) Fee 101 2,179.00 2,363.00 2,486.00 100% 160.00 438 -0- -0- -0- -0- -0- 56.00 t t *No. 101 No. 20'1 No. 301 No.401 ***No. 501 All fees effective 07101113 unless otherwise noted MFS Amendment #514 (August 2013, 18t5t20133:48 PMI Page 15 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT Transmission Grid Main (TGM) Charge For parcels in the UGM area, TGM charges are deposited in separate UGM' TGM charge service area accounts. Aggregate gross area: Less than 5 acres Net acre or fraction Minimum charge 5 acres or more Gross acre or fraction Transmission Grid Main Bond Debt Service Charge per FMC Section 6-507(a)(8) Less than 5 acres Net acre or fraction Minimum charge 5 acres or more Gross acre or fraction UGM Water Supply Fee Single-Well Supply Areas (per gross No. 114 No. 86 No, 90 No. 91 No. 102 No. 107 No.113 No. 132 No. I y Areas (per unit.*) T (northeast) No. 101-S I t (northeast) No. 101-S (northwest) No. 201-S (west)No. 301-5 (southwest) No. 401-S ***(southeast) No. 501-S 243.00 172.00 417 438 310 678.00 322.00 609.00 511.00 609.00 609.00 385.00 356.00 356.00 408.00 379.00 557.00 56s,00 505.00 567.00 456.00 407.00 508.00 371.00 1,738.00 All fees effective 07101/,13 unless otherwise noted MFS Amendment #514 (August 2013) [8/5/20133:48 PM]Page 16 CITY OF FRESNO MASTER FEE SCHEDULE Well Head Treatment Fee - Area (per unit**) t.No. 101 f t*No. 101 No.201 No. 301 No. 401 ***No, 501 1994 Bond Debt Service Fee - Area (per unit**) t No.101 t t No.101 No.201 No. 301 No.401 ***No. 501 * Seryice Area No. 101 was established by the 1995 in ae¡ordance with the provisions of remain in effect for development in the*t Un¡t as defined in FMC 6-501(kk) "* 501 Emergency Measure, Resolution For subdivision maps deemedttt For subdivision maps Water main Tra constructed to transmission gr¡d 438 ities Director on March 19, provisions of Resolution No. 90-18 Plan Area. 10,1997 June 10, 1997 for private size (per I All fees effective 07l01l13 unless otheruvise noted MFS Amendment #514 (August 2013) [8/5/20133:48 pM] diameter ãrea maximum (except as provided in FMC 6-508(d) surfacing credit for TGM installations (per linear foot): ing asphalt concrete streets ln existing non-asphalt concrete streets 10,00 14.50 31.00 41.00 10,000.00 10,000 or construction costs, whichever is less 6.00 or construction cost, whichever is less -0- 0.00 Page 17 August 16,2013 TO: Ayes Noes Absent Abstain Baines, Brand, Brandau, Caprioglio, Olivier, Quintero None None uded 144 ter vote: Failure to file this memo with approval of the ordinance, fiuired by Charter, the first day ss the 10'n day is a Saturday, FROM: $/CNNE SPENCE, CMC Cit¡r Cled( SUBJECT: TRANSMITTAL OF COU ACTION FOR APPROVAL OR At the Council meeting of 811512013, Council adopted the attached R entitled 514th amendment to the Master Fee Schedule Resolution fees in the Public Utilities Water Fee Section, ltem No. 5:00 p.m Please indicate either your formal approval or veto e following sections and executing and dating your action. Please file the co ed rúo with the Clerk's office on has been excluded and the tenth day has Sunday, or holiday, in which case it has the Clerk's office within the required time resolution or action, and it shall Thank you. VETOED for additional , Mayor CIL OVERRIDE ACTION: Noes Absent Abstain the Mayor's signed approval. (Written objections are required by Charter; attach City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-148 Agenda Date:7/17/2014 Agenda #: July 17, 2014 SUBJECT 9:55 A.M. Appearance by Rick Morse to discuss the City of Fresno Medical Marijuana Ordinance City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ lrl -/'l ç RECEIVED ¡ûitl JUN 19 Pfiì ? 56 REQUESTTO APPEAR BEFORE THE FRESNO CITY COUNCIL CITY CLERK' FRESHO CA On April 1, 1980, the Fresno City Council adopted a policy relating to procedures to be used for those persons wishing to appear before the Fresno City Council, as follows: SCHEDULED ORAL COMMUNICATIONS _ APPEARANCES ON PRINTED AGENDA ln order to be placed on the agenda for a scheduled time, complete and submit the form below. State the topic to be discussed and provide any supporting material, if any. Also state the action you want the City Council to take. Your request will be referred to the City Manager and placed on the agenda no sooner than ten (10) days after receipt of your written letter in order to provide an opportunity for City staff to prepare comments for Council consideration. The policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. The City Clerk shall provide copies of your request to the Fresno City Council. U NSCH EDU LED ORAL COMMU N ICATIONS You may address the City Council at the conclusion of the Council meeting and the policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. Please be present at the conclusion of the Council meeting if you wish to be heard. REqUESTTO APPEAR BEFORE THE FRESNO CITY COUNCIL Name'KicK F\."c..,2 Address .""1 ¿: - r31,","¿ 4..¿- l¡csrn<¡, Cy\ g<7.1.1. relephone No. Çqsl) ¿/ y Z -XV lo Date: 6 tl"tV Action (if any): Topic: ?*--*. o\ ¿-.*-JX,.X.f5.ãr.rr.. cr.o ,/...r,,,, K:\Request to Appear.docx City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-128 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division STEVEN C. SON, PE, Capital Projects Manager Public Works Department, Capital Management Division JIM POLSGROVE, Supervising Engineering Technician Public Works Department, Capital Management Division SUBJECT 10:00 A.M.HEARING to consider formation of Underground Utility District No.FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue (Council District 6) 1.RESOLUTION -Establishing Underground District No.FRE-93 along the north side of Nees Avenue from Maple Avenue to Hayston Avenue RECOMMENDATION Staff recommends Council establish an Underground Utility District No.FRE-93 (UUD FRE-93)located on the north side of Nees Avenue from Maple Avenue to Hayston Avenue. EXECUTIVE SUMMARY The proposed UUD FRE-93 is generally located on north side of Nees Avenue from Maple Avenue to Hayston Avenue alignment as shown on Exhibit “A”of the attached Resolution.Overhead utilities are already undergrounded along the south side of Nees Avenue and the east side of Maple Avenue.Staff is requesting the adoption of UUD FRE-93 along Nees Avenue so that the existing overhead utilities will be placed underground along Nees Avenue in conjunction with the planned road improvement project funded by Measure “C”Tier 1 and Federal Regional Surface Transportation Program (RSTP)dollars.Underground installation of Pacific Gas and Electric (PG&E)overhead electrical facilities is funded by the utility company funds set aside pursuant to the Public Utility Commission Rule 20A. BACKGROUND On June 12,2014,the Council adopted Resolution No.2014-89,which set today’s public hearing to consider the formation of UUD FRE-93. The City proposes to construct an additional westbound travel lane and bike lane along East Nees Avenue between City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-128 Agenda Date:7/17/2014 Agenda #: The City proposes to construct an additional westbound travel lane and bike lane along East Nees Avenue between North Maple Avenue and North Hayston Avenue alignment.The construction is planned for 2015 and includes constructing curb,gutter,sidewalk,drive approaches,an ADA ramp and the installation of new streetlights, underground utility facilities,modification of northwest traffic signal at North Maple Avenue and East Nees Avenue intersection.The existing overhead utilities are in conflict with the proposed widening project along Nees Avenue west of Maple Avenue.By undergrounding the existing utilities,the number of trees and the impact to residents will be reduced.Utility companies may be able to begin construction as early as the first quarter of 2015.The street construction project is tentatively scheduled to start in the fall of 2015. Chapter 13,Article 6,of the Fresno Municipal Code,establishes a procedure for the creation of the Underground Utility District.The initial step requires a public hearing to determine whether public necessity,health,safety or welfare require the full underground installation of existing overhead wires and associated structures within the proposed district.All property owners and utility companies in the proposed district were notified by mail of the public hearing in accordance with provisions of the Code. Also,the code requires the City to identify all residences that will be required to modify their existing overhead services to accept underground utility service. At this time, no overhead utility services have been identified. Underground installation of PG&E overhead electrical facilities is funded by funds set aside pursuant to the California Public Utility Commission Rule 20A.The Rule 20A specifically identifies funding for undergrounding existing overhead utilities only. The other utility companies provide the funding to convert their existing overhead facilities to underground. The formation of the Underground Utility District requires utility companies to convert their existing overhead facilities to underground service.The formation of the Underground Utility District also requires affected property owners to modify their existing overhead services to accept utility service from the underground facilities.However,at the discretion of the City,the City may request Rule 20A funds be utilized to convert each property to underground service.Currently,it is the policy of the City to utilize Rule 20A funds for the cost of the conversion. The PG&E cost to place the existing overhead facilities underground within UUD FRE-93 is estimated to be $380,000. Should the Council not approve the formation of the District,overhead services will continue in the area and the overhead facilities would remain in place along the north side of Nees Avenue.The pole line on the north side of Nees Avenue west of Maple Avenue would have to be relocated or moved to the proposed right-of-way.This will impact not only the limits of the demolition for the proposed road widening,but it will have significant impact to the residents within the limits of the district. ENVIRONMENTAL FINDINGS Environmental Assessment Application No.EA-12-018 was filed by City of Fresno Public Works Department Capital Management Section.The City proposes to construct an additional westbound travel lane and bike lane along Nees Avenue between Maple and Hayston Avenues.On October 24,2013,the City of Fresno,as the lead agency,approved the Mitigated Negative Declaration prepared for Environmental Assessment No.EA-12-018.This Mitigated Negative Declaration considered and evaluated the potential effects associated with the proposed street improvements. Subsequently Staff determined that an addendum to Environmental Assessment No.EA-12-018 would be appropriate to specifically list the utility undergrounding in the project description.An addendum,rather than a new EA,is appropriate given that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent negative declaration have occurred and new information added is only for the purposes of providing minor changes or additions, in accordance with Section 15164 of the CEQA. Since the Staff proposed project will not result in additional impacts because the project area has not changed and because fewer trees will be impacted,it may be determined that;(1)the project falls within the scope of Environmental Assessment No.EA-12-018;(2)No substantial changes are proposed in the project which require major revisions to the previous environmental finding due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;(3)No substantial changes will occur with respect to the circumstances under which the project is undertaken;and (4)No new information,which was not known and could not have been known,at the time the environmental finding for Environmental Assessment No.EA-12-018 was adopted, has become available. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-128 Agenda Date:7/17/2014 Agenda #: LOCAL PREFERENCE Local preference was net considered because the actions pertaining to the formation of an Underground Utility District does not include a bid or award for construction or services contract. FISCAL IMPACT This $380,000 Rule 20A undergrounding project in Council District 6 will have no impact to the City’s General Fund. Underground installation of PG&E overhead electrical facilities are funded by the utility company funds set aside pursuant to the California Public Utility Commission Rule 20A.The other utility companies provide the funding to convert their existing overhead facilities to underground. Attachment: Resolution City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-065 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division SCOTT TYLER, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT 10:15 AM -HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 55 (Final Tract Map No. 5531) (east side of S. Armstrong Avenue south of the San Joaquin Valley Railroad)(Council District 5) 1.RESOLUTION -Annexing Territory to Community Facilities District No.11 and authorizing the levy of a special tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION - Declaring Election Results 4.*BILL -(For introduction and adoption)-Levying a Special Tax for the Property Tax Year 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 55, Final Tract Map No. 5531 RECOMMENDATIONS 1.Adopt Resolution Annexing Territory to Community Facilities District No.11 and Authorizing the Levy of a Special Tax 2.Adopt Resolution Calling Special Mailed-Ballot Election 3.Adopt Resolution Declaring Election Results 4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No.11,Annexation No.55, City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-065 Agenda Date:7/17/2014 Agenda #: Final Tract Map No. 5531 EXECUTIVE SUMMARY On June 5,2014,the Council of the City of Fresno (“Council”)adopted Council Resolution No. 2014-85 with the intent to annex territory to Community Facilities District No.11 (“CFD No.11”)at the request of the landowner of Final Tract Map No.5531 (“T5531”).This is the noticed public hearing to consider annexing T5531 as Annexation No.55 to CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping,trees and irrigation systems within the street rights-of-way and landscape easements in and along South Armstrong and East California Avenues,and Outlot A and B,concrete curbs and gutters,valley gutters,curb ramps,sidewalks,Outlot A and B hardscaping,block walls and amenities,street signage,street lighting and interior street paving associated with this subdivision.The cost for Services is $1,018.38/lot annually.If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in T5531 for identified Services.(See attached location and features map.) BACKGROUND On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No. 11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (“City Law”). The landowner of T5531 has petitioned the City of Fresno to be annexed into CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping,trees and irrigation systems within the street rights-of-way and landscape easements in and along South Armstrong and East California Avenues,and Outlot A and B,concrete curbs and gutters,valley gutters,curb ramps,sidewalks,Outlot A and B hardscaping,block walls and amenities,street signage,street lighting and interior street paving associated with this subdivision. Pursuant to this petition,the Council adopted Council Resolution No.2014-85,declared its intention to annex the T5531 to CFD No.11,and set the public hearing for formal consideration. (See attached location and features map.) Resolution No.2014-85 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax of $1,018.38 per residential lot to provide Services for FY13-14.The Maximum Special Tax will be adjusted upward annually by 3%plus the rise,if any,in the Construction Cost Index for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election.Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-065 Agenda Date:7/17/2014 Agenda #: been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachments:Location Map Feature Map Resolutions (3) Ordinance City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ CTIY OF PUBLIC TTORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION Io = e @ J É. ô l¡Jo 5z, a^ UJIo t- an É.tr COPPER INTERNATIONAL BEFÍYMER PERRIN SHEPHERD TEAGUE NEES ALLUVIAL EÉ*s =ut*Ëuäs==Ë oz d HERNDON -SIERRA -BUI IARD - st{Aw -GET|YSBURG -ASH|áN -DAKOTA -sHtEtÐs -CLINTON -MCKTNLEY -oLtvE -BELMoNT -NTELSON -wHffEs BRTDGE -KEARNEY - NO. 5531 DAKOTA SHIELDS CTINTON MCKINLEY OLIVE rItozu, 1<3ãäÊËÞ-r=35c)() E ! ó - BEUUONÍ - TULARE - KTNGS CAI¡YON - BUTLER - CALIFORNIA - CHURCH - JENSEN - ANNADALE t2Jtsã4É.<fn> 9+b55ggs=i ||tØ¡! 0l o l¡Jslll¡lz() 32-rÉã **o EË - AITIIAU¡ I| - NORÍH z I * =lgn Ëã =aöo LOCATION MAP ANNEXATION NO. 55 COMMUNITY FACILITIES DISTRICT NO. 11 CNY OF PUBLIC TTTORKS DEPARTMENT TMFFIC AND ENGINEERING SERVICES DIVISION FEATURES TO BE ADDED BY ANNEXATION NO. 55 COMMUNITY FACILITIES DISTRICT NO. 11, FINALTRACT MAP NO.5531, PHASE I srAMpED coNcRFrE ,-+ srREEr LTGHTS: MEDTAN tStAND = 4,995 SF u\' $ - E-2 (7ow) 16 - E-1 (7OW) oultoT A TRAIL = 20,76e SF INTERIOR pAVEMENT: IUBL.¿_BEDS TOTAL AREA = 251,92E SF BUFFERS & PARKWAYS = 5E,4E1 SF LANDSCAPE AND IRRIGATION: ÏBEES-.II-IHBUES. MEDIAN lSl-AND = 4,911 SF OUTLOTA=E,470SF OUTLOTB=10,587SF LARGE TREES : 260 FA SMALL TREES : 1O2 t CONCRTTE IMPROVEMENTS: CURB & GUTTER = 15,421 LF VALLEY GUTTER = 2,400 SF NOT TO SCALE Apdl 6, 2011 5 - E-1 (1sow) 2 - SAFETY LTGHTS (1s0W) OUTLOT A: SOUNDWALL = 1,267 LF OUTLOT B: SIDEWALK & CURB RAMPS = 92,559 SF BLOCK WALL = E0 LF OUTLOT A CONCRETF = 15,212 LF l¡Jlz ]¡J ('zoÉ, .n É. Il-foatl I 2 5 1 50 I 10 5ô 2¡s z = 5¡+ 3T 5rr s2 J1 J7 5€ J9 & 11 EAST CALIFORNIA AVENUE E0 = F 3 EASÍ H-ORENCE AVENUE 65 86 67 66 09 91 92 95 9/+ 95 96 97 98 99 76 TI 2 ättì ¿75 Ê 471 75 5 lro2 È,,,,oI â lle-5I rrs = i5o E $ rsrì É 1s2À È fi rss 15/+ 155 t/l€ 1 ¡+9o0 79 ?ae Eo fi." ôl E Ê", ò2o 86 E¡' E5'lr'. 1 of 5 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 ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 55 WHEREAS, on June 5, 2014, the Council of the City of Fresno (“Council”) adopted Resolution No. 2014-85 to Annex Final Tract Map No. 5531 to the City of Fresno, Community Facilities District No. 11 (“CFD No. 11”) and to Authorize the Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (“City Law”); and WHEREAS, Resolution No. 2014-85, incorporating a map of the area proposed for annexation to CFD No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 55 of CFD No. 11 to pay for the Services with respect to Annexation No. 55 of CFD No. 11, is on file with the City Clerk of the City of Fresno (“City Clerk”), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Resolution No. 2014-85, concerning the annexation of territory to the CFD No. 11; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to the CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and 2 of 5 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (“District Report”) as to the services to be provided through the CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from at least 50 percent (50%) of the registered voters residing within the territory proposed to be annexed, or from property owners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.Recitals. The foregoing recitals are true and correct. 2.No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3.Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds 3 of 5 and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4.Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder’s Office in Book 44 at page 10 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the CFD No. 11. 5.Services. The types of public services proposed to be financed by Annexation No. 55 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (the “Services”). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6.Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all nonexempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, 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 apportioning of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7.Tax Collection Authority. The Public Works Director of the City of Fresno or his designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 4 of 5 621-1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and which will be responsible for estimating future special tax levies pursuant to City Law. 8.Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City ceases. 9.Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000.00 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10.Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11.Effective Date. This Resolution shall take effect upon its adoption. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportioning of Special Tax 5 of 5 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy EXHIBIT A A-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 55 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 55 (Final Tract Map No. 5531) The operations and reserves for maintenance (“Services”) that are to be financed by Community Facilities District No. 11 (“CFD No. 11”) for Final Tract Map No. 5531, Annexation No. 55 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 in public street rights-of-way, public landscape easements, public open spaces (one half of Outlots A and B) 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 public easements and open spaces. Such facilities include, without limitation, concrete curbs and gutters, median cap & edge, valley gutters, curb ramps and sidewalks, street name signage and street lighting, and local street paving associated with this subdivision. Such facilities also include, without limitation, all Outlot A and B hardscaping, block walls and amenities 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 55 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-2 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 Special 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 landscaped 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 provision 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 B B-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 55 Rate and Method of Apportionment of Special Tax Cost Estimate The following estimate breaks down the costs of providing 1 year’s Service for FY 2013- 2014 for Final Tract Map No. 5531 (Phase I) and Phase II of Vesting Tentative Tract Map No. 5531, totaling 321 lots. These final maps are to share equally for the cost of Services provided by Community Facilities District No. 11. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $197,890.00 2 Other Operational Costs $6,558.00 3 Reserve for Replacement $117,636.00 4 Incidental Expenses $4,815.00 Total $326,899.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 5531 $1,018.38 163 $500,000.00 Centex Homes EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 55 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 subsequently 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 B B-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 administrative 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 1351 of the Civil Code, a community apartment project, as defined in Section 1351 of the Civil Code. EXHIBIT B B-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 2013-2014 for a residential unit within Final Tract Map No. 5531 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2013-2014)* Final Tract Map Number**Maximum Special Tax 5531 $1,018.38 per Residential Unit *Beginning in January of each year, the MST shall be adjusted upward annually by 3% plus the rise, if any, in the Construction Cost Index (CCI) for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the 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 B B-5 D.METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2013-2014, 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. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT “1” City of Fresno Community Facilities District No. 11 Annexation 55 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 5531 1 of 7 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED-BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 55 WHEREAS, on June 5, 2014, the Council of the City of Fresno (“Council”) adopted Resolution No. 2014-85 to annex Final Tract Map No. 5531 to City of Fresno Community Facilities District No. 11 (“CFD No. 11”) and to authorize the levy of special taxes; and WHEREAS, Resolution No. 2014-85 identified the services to be provided by Annexation No. 55 of CFD No. 11 and provided an estimate of the cost of providing those services; and WHEREAS, Resolution No. 2014-85 contemplated the imposing of a special tax upon those properties within Annexation No. 55 of CFD No. 11 receiving said services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno (“City Clerk”) that describes the proposed rate and method or apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 in sufficient detail to allow all interested parties to estimate the maximum amount each property owner must pay; and 2 of 7 WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special election; and WHEREAS, the Public Works Director has filed a Certificate (the “Certificate”) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 11. NOW, THEREFORE, BE IT RESOLVED by the Council as follows: 1.The levy of a special tax proposed in Resolution No. 2014-85 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (“City Law”). 2.The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3.The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4.This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5.The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 11 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much 3 of 7 property owned by each landowner and the number of votes to which each is entitled. 6.This Council approves the form, attached behind Exhibit A, attached as Exhibit B, entitled Waiver and Consent From Sole Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 55, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7.Accordingly, this Council calls the special election described herein and sets July 17, 2014 as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8.The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9.The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on July 17, 2014. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner 4 of 7 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy 5 of 7 EXHIBIT A SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No. 55 This ballot is for the use of the Centex Homes, the sole landowner owning land (Final Tract Map No. 5531) within Community Facilities District No. 11, Annexation No. 55, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast twenty four (24) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on July 17, 2014 at 10:15 a.m., to Yvonne Spence, CMC, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 55, all as specified in its Council Resolutions No. and No. ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No. 55 be established in accordance therewith? Number of Votes YES Number of Votes NO 6 of 7 EXHIBIT A CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2014. Company Name: By: _______________________________ Print Name: _______________________________ Print Title: _______________________________ (Attach Notary Acknowledgment) 7 of 7 EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 11, Annexation No. 55 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Final Tract Map No. 5531) in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 55, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (“City Law”). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2014. Company Name ______________________________ By: _______________________________ Print Name _______________________________ Print Title _______________________________ 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 55 WHEREAS, on July 17, 2014, the Council of the City of Fresno (“Council”) adopted Council Resolution No. 2014 -______ calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 55 to Community Facilities District No. 11 (“CFD No. 11”); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk’s (“City Clerk”) Canvass and Statement of Election Results, dated ________________, 2014, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 55, has been submitted to the qualified electors within the area of Annexation No. 55, pursuant to Council Resolution No. 2014 -______, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code (“City Law”). 2 of 4 2.The Council declares Annexation No. 55 to be fully formed and the property within Annexation No. 55, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2014 -______, annexing Final Tract Map No. 5531 as Annexation No. 55, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of June 6, 2014, on file with the City Clerk. 3.The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvas and Statement of Election Results * * * * * * * * * * * * * * 3 of 4 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy EXHIBIT A 4 of 4 CANVAS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 55 I, YVONNE SPENCE, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. 2014-______on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 55, and held on July 17, 2014. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk’s Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of “yes” votes cast are true and correct. Total Votes that could be cast 24 Total Votes Cast “Yes 24 Total Votes Cast “No”0 Total Votes Cast 24 The Votes cast “Yes” equal 100%of the total votes cast. I make this certification on _________________, 2014. ATTEST: Yvonne Spence, CMC City Clerk By Deputy Page 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2013-2014 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 11, ANNEXATION NO. 55 WHEREAS, on July 17, 2014, the Council of the City of Fresno (“Council”) adopted Council Resolution No. 2014 -______, a resolution of the Council annexing territory to Community Facilities District No. 11 as Annexation No. 55, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 55, and preliminarily establishing an appropriations limit therefore (“Annexation Resolution”), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (“City Law”); and WHEREAS, by Council Resolution No. 2014 -______, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 55; and WHEREAS, on July 17, 2014, an election was held within Annexation No. 55 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1.Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, a special tax is hereby authorized and levied on all taxable parcels within Annexation No. 55 for the 2013-2014 fiscal year and for each future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. By a resolution of this Council, the tax rate may be adjusted annually, subject to such maximum rate of tax. The special taxes levied in any fiscal year on any parcel within Annexation No. 55 shall not exceed the maximum special tax specified in Exhibit B to 2 of 3 the Annexation Resolution. 2.The Public Works Director or his designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno (“City of Fresno”), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (“County”) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or his designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3.The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4.If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remaining parcels, shall not be affected and shall remain in full force and effect. 5.This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-126 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division SCOTT TYLER, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division SUBJECT 10:30 AM -WORKSHOP relating to Bicycle, Pedestrian and Trails Master Plan No Materials - Please see PowerPoint Presentation City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: REPORT TO THE CITY COUNCIL July 17, 2014 FROM:JENNIFER K. CLARK, Director Development and Resource Management Department BY:MIKE SANCHEZ, Assistant Director Development Services Division SOPHIA PAGOULATOS, Supervising Planner WILL TACKETT, Supervising Planner Development Services Division SUBJECT 10:45 AM -Consider an appeal filed by Councilmember Caprioglio,appealing the Planning Commission’s action to approve Vesting Tentative Tract Map No.6033,Conditional Use Permit No.C-13-092 and related environmental findings,by Jeffrey T.Roberts of Granville Homes,Inc.,for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4)(Continued -Time and date to be determined) RECOMMENDATION Staff recommends the City Council take the following action: 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R- 11-003, C-13-092, T6033 dated March 21, 2014. 2.ADOPT RESOLUTION denying appeal and approving Conditional Use Permit Application No.C- 13-092; and 3.ADOPT RESOLUTION denying appeal and approving Vesting Tentative Tract Map No. 6033/UGM. EXECUTIVE SUMMARY City of Fresno Printed on 12/15/2022Page 1 of 7 powered by Legistar™ File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: Jeffrey T. Roberts, on behalf of Granville Homes, Inc., has filed Vesting Tentative Tract Map No. 6033/UGM and Conditional Use Permit Application No. C-13-092 pertaining to approximately 31.87acres of property located on the northeast corner of North Fowler and East Clinton Avenues. Vesting Tentative Tract Map No. 6033/UGM proposes to subdivide the property into a 169-unit single family residential subdivision. Conditional Use Permit No. C-13-092 proposes a development with public streets and modified property development standards for all of the proposed lots. This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards including lot size,lot coverage and yard (setback)requirements.Thirty five lots were proposed with 7-foot garage setbacks,however the conditions of approval required a minimum of 18- foot garage setbacks for all lots,consistent with the Fresno Municipal Code (FMC).Specifically,the FMC requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.The Planning Commission approved staff’s recommendation,which required an 18-foot garage setback on all public streets for this project.The option was also provided to make the streets private,thus allowing garage setbacks of less than 18 feet,however this option was not chosen by the applicant. On June 19,2014,an appeal of the Commission’s decision regarding the subject applications was filed by Councilmember Caprioglio.In response to the appeal,the Planning Commission’s action is set aside and a City Council public hearing is scheduled and noticed in accordance with the Sections 12-401-B and 12-401-C-2 of the FMC.Staff recommends denial of the appeal and approval of the project consistent with the Planning Commission action on April 16,2014.Staff also supports approval of garage setbacks less than 18 feet on private streets governed by a homeowner’s association. BACKGROUND Project Information PROJECT: A 169-lot,single family residential subdivision to be developed at a density of 5.3 dwelling units per acre.The project proposes modified property development standards on all lots and public streets on an approximately 31.87 net acre portion of the subject property APPLICANT: Jeffrey T. Roberts on behalf of Granville Homes, Inc. LOCATION: Located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4, Councilmember Caprioglio) SITE SIZE: Approximately 31.87acres City of Fresno Printed on 12/15/2022Page 2 of 7 powered by Legistar™ File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: ZONING: Existing-R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) for portion of APN 310-041-38 and C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/conditions of zoning) for APN 310-041-39 Proposed- No change PLAN DESIGNATION AND CONSISTENCY: The proposed 169-lot single family residential subdivision is consistent with the 2025 Fresno General Plan and McLane Community Plan designation of the site for medium density residential planned land uses pursuant to Section 12-304 <http://library.municode.com/HTML/14478/level3/MUCOFR_CH12LAUSPLZO_ART3GECOAPZO. -B-23 of the FMC ENVIRONMENTAL FINDING: Mitigated Negative Declaration dated March 21, 2014 PLAN COMMITTEE RECOMMENDATION: The District 4 Plan Implementation Committee recommended approval of the applications on April 14, 2014. STAFF RECOMMENDATION: Deny appeal and approve the vesting tentative tract map and conditional use permit applications subject to compliance with the Conditions of Approval for T-6033/UGM and for C-13-092 dated April 16, 2014 Fresno City Planning Commission Action This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards including 15-foot rear yards (standard rear yard is 20 feet),3-foot interior side yards (standard is 5 feet),and 8-foot street side yards (standard is 10 feet).Thirty five lots were proposed with 7-foot garage and building front setbacks,however the conditions of approval required a minimum of 18-foot garage setbacks. The Fresno Municipal Code requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.Staff recommends an 18-foot setback on all public streets for this project but is supportive of garage setbacks of less than 18 feet on private streets governed by a homeowners association.The homeowners association would be responsible for liability and enforcement on private streets. After a complete hearing on April 16,2014,the Commission recommended approval of the subject applications and the conditions of approval proposed by staff,requiring a minimum 18 foot setback from garage to back of sidewalk on public streets. The applicant did not object to the 18-foot garage setback at the Planning Commission hearing. Analysis of Appeal The applicant is proposing to develop single-family residences with reduced yards and,specifically,on thirty-five lots,a minimum of 7 foot front yards,3 foot side yards and 10 foot rear yards.The typical yards within the R-1 (Single Family Residential District)zone district are a 15 foot front yard,5 foot side yard and 20 foot rear yard.The Fresno Municipal Code requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.Staff recommends an 18-foot garage setback on all public streets for this project but is supportive of garage setbacks of less than 18 feet on private streets governed by a homeowners association.The homeowners association City of Fresno Printed on 12/15/2022Page 3 of 7 powered by Legistar™ File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: setbacks of less than 18 feet on private streets governed by a homeowners association.The homeowners association would be responsible for liability and enforcement on private streets. The applicant has provided a conditional use permit exhibit (Exhibit A-2)which depicts six typical lots showing lot dimensions,minimum yard setbacks and potential house placement.Of the six typical lots,only one shows garages with an 18 foot setback to sidewalk,while the remaining five show garages with a 7’-8’setback to sidewalk.Below,the five typical lots with a proposed 7’-8’setback from garage to sidewalk are shown.The rear yard setbacks for the housing product proposed are currently at 25’,24’,20’and 14’.Should the applicant be required to provide an 18 foot setback from garage to sidewalk,it will necessitate moving the houses 10 feet to the rear,which will result in rear yard setbacks of 15’,14’,10’and 4’,respectively,if the applicant elects to use the same floor plans (these are the same floor plans and lot sizes approved for T-6045,Copper River and it would seem appropriate to use different products for different subdivisions).Redesigning the floor plans would allow accommodation of an 18-foot garage setback and conservation of more rear yard space if that were the goal. Pursuant to the conditions of approval for this project,which reference section 12-207.5.E.1 of the FMC regarding setbacks for a garage,staff has required a minimum 18 foot setback from garage to back of sidewalk,for the following reasons: ·To provide enough room for a vehicle to park in the driveway without blocking the sidewalk in violation of the California Building Code and Americans with Disabilities Act (ADA);vehicles parked on the sidewalk would force pedestrians to walk in the street. ·To provide adequate visibility to the driver in order to avoid a conflict with a pedestrian using the sidewalk. ·In order to make the findings required for a Conditional Use Permit and a Tentative Map o Conditional Use Permit Finding #3:The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. o Tentative Map Finding #4:The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. Below are the arguments of the applicant as to why this appeal should be considered, along with staff responses: 1.There is a long history of approvals for shorter driveway lengths (less than 18 feet)as these are regularly used on private residential streets in the City of Fresno. It has been a common practice for over 20 years. Response:Staff is supportive of garage setbacks of less than 18 feet on private streets,as a homeowners association would enforce any necessary parking provisions and assume liability for any accidents or injury that occurred on subdivision property.However on public streets,the city does not have the staff to enforce parking provisions on residential streets, nor does it wish to assume liability for potential accident or injury. 2.There are numerous examples in the City of Fresno of driveways shorter than 18’with access to public streets. These are typically found in established neighborhoods, yet some are located in newer, growing areas. Response: no evidence (examples) have been submitted for staff evaluation 3.There is no documentation of health and safety concerns/accidents/etc.as a result of having shorter driveways in the City of Fresno.Additionally,shorter driveways,as allowed on private streets,are approved without any concern for any supposed health and safety risk. Response:again,no evidence (examples)have been submitted for staff evaluation.However,it can be clearly demonstrated that garage setbacks of 7-8 feet do not allow the driver backing out of the garage any visibility to the sidewalk when backing out;thus the vehicle is already in the sidewalk before the driver can see the sidewalk area.Public Works standards include a visibility triangle for driveways,and garage setbacks of 7-8 feet violate this standard. City of Fresno Printed on 12/15/2022Page 4 of 7 powered by Legistar™ File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: Typical Lots Showing 7’- 8’ setback from Garage to Sidewalk See attached exhibit Typical Lot Showing 18’ setback from Garage to Sidewalk See attached exhibit Streets and Access Points The Public Works Department,Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications 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 requirements stipulated within the memoranda from the Traffic Engineering Division dated April 10,2014.These requirements generally include:(1)The provision of a minimum two points of vehicular access to major streets for any phase of the development;(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, and the Fresno Major Street Impact (FMSI) Fee. Notice of City Council Meeting The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 500 feet of the subject property. Land Use Plan and Policies The subject site is designated for medium density residential planned land uses by the 2025 Fresno General Plan and the McLane Community Plan. The objectives and policies of the 2025 Fresno General Plan encourage the development of master planned communities in an attempt to maximize the efficient use of the land. Policy C-8-g states: Support the planning and development of master planned/mixed use communities such as the Dominion Project. Additionally, Objective C-10 states: Promote the development of more compact pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-13-092 proposes the development of a 169-lot single family residential planned development. The planned development will provide modified property development standards. Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated April 16, 2014, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1.All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use,and accommodate all yards,spaces,walls and fences,parking,loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No.C-13-092 will comply with all applicable codes,including,landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2.The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, The Public Works,Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets City of Fresno Printed on 12/15/2022Page 5 of 7 powered by Legistar™ File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3.The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located.The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The site is vacant and with the adoption of the 2025 Fresno General Plan,the city analyzed the impacts of converting vacant land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing,growth,employment opportunities,etc.The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§66400,et seq.)requires that a proposed subdivision not be approved unless the map,together with its design and improvements,is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos.2 -5 below is made in the negative.In addition,State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1.The proposed subdivision map,together with its design and improvements,is consistent with the City's 2025 General Plan and the McLane Community Plan,because the plans designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 2.This site is physically suitable for the proposed type and density of development,because conditions of approval will ensure adequate access and drainage on and off the site;and,that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 3.The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment,including fish,wildlife or their habitat,because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4.The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5.The proposed subdivision design will not conflict with public easements within or through the site,because conditions of approval will assure noninterference with any existing or proposed public easements. 6.The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision,because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map,based on the required findings for approval and subject to the recommended conditions of approval,and the standards and policies of the 2025 Fresno General Plan and McLane Community Plan,complies with applicable zoning and subdivision requirements.Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. 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 City of Fresno Printed on 12/15/2022Page 6 of 7 powered by Legistar™ File #:ID#14-108 Agenda Date:7/17/2014 Agenda #: from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the McLane Community Plan area,including the Master Environmental Impact Report (MEIR)No.10130 for the 2025 Fresno General Plan (SCH#2001071097)and Mitigated Negative Declaration (MND)No.A-09-02 (SCH#2009051016).These environmental and technical studies have examined projected sewage generation rates of planned urban uses,the capacity of existing sanitary sewer collection and treatment facilities,and optimum alternatives for increasing capacities; groundwater aquifer resource conditions;water supply production and distribution system capacities;traffic carrying capacity of the planned major street system;and student generation projections and school facility site location identification. The proposed amendment of the adopted 2025 Fresno General Plan has been determined to not be fully within the scope of MEIR No.10130 as provided by the CEQA,as codified in the Public Resources Code (PRC)Section 21157.1(d)and the CEQA Guidelines Section 15177(c).It has been further determined that all applicable mitigation measures of MEIR No.10130 and MND No.A-09-02 have been applied to the project,together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts,growth inducing impacts and irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02 as provided by CEQA Section 15178(a).In addition,pursuant to Public Resources Code,Section 21157.6(b)(1),staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete,has become available.Therefore,it has been determined based upon the evidence in the record that the project will not have 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). Based upon the attached environmental assessment and the list of identified mitigation measures,staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft mitigated negative declaration for this project.A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No.A-11-003/R-11-003/C-13-092/T-6033/UGM was published on March 21, 2014. LOCAL PREFERENCE N/A FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Development and Resource Management Department. Attachments: Exhibit A:Vicinity Map Exhibit B:Aerial Photograph Exhibit C:Vesting Tentative Tract Map No. T-6033/UGM Exhibit D:Exhibits for Conditional Use Permit Application No. C-13-092 Exhibit E:Conditions of Approval for C-13-092 Exhibit F:Conditions of Approval for T-6033 Exhibit G Environmental Assessment Exhibit H:Planning Commission Resolutions Exhibit I:City Council Resolutions City of Fresno Printed on 12/15/2022Page 7 of 7 powered by Legistar™ tD t+ - /oB /o:y5Ðrr| z/ tz / r'l July 11,2014 Councilman Paul Caprioglio City of Fresno 2600 Fresno Street Fresno, CA9372l SubJecfi Concurrence with Extenslon on Þeviously Requested Appeal @anning Commi¡¡ion Vote on C-13-092 at tùc Northeast Comer of Fowler and Clinton Avenues) Dear Councilman Caprioglio: Please let this letter confirm that Granville Homes concun¡ with a time extension for Council review of the appeal on the Planning Commission vote for orrproject located on Fowler and Clinton Avenues (C-13-092r. We undentand that the result of the requested appeal may be affected by the workshop to be presented to Council in regards to zubdivision Desþ Standards. Therefore, or.rr appeal will be posþoned r¡ntil after workshop is held in August. If the workshop is suspended indefinitely, we will request Council action on our apea/- If you have any questions, please feel free to contact me at (559) 43G0900. CC: Bruce Rudd" City Manager, City of Fresno Jennifer Clark, DARM Director, City of Fresno tsuib u:ith Love and Passion Home Buildiug . Ldnd Detelopmeut & Urban InJill . þ-drrilittg