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Home My WebLink About2014-07-31 Council Agenda PacketThursday, July 31, 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 31, 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 31, 2014City Council Meeting Agenda - Final-revised 8:39 A.M. ROLL CALL Invocation by Pastor Chue Koua Xiong Pledge of Allegiance to the Flag Ceremonial Presentations: Proclamation of ‘NATIONAL NIGHT OUT” - Acting President Baines ID#14-213 Sponsors:Baines III Presentation of P.R.I.D.E. Team Certificates to City Employees for the Summer Quarter (Reception immediately following - 2nd floor foyer) ID#14-215 Sponsors:Office of the City Clerk APPROVE COUNCIL MINUTES Approve June 26, 2014 FRC minutes Approve July 17, 2014 Council minutes Councilmember Reports and Comments Approve Agenda 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. 1.RESOLUTION - Authorizing the Chief of Police or designee to specify TASER International, Inc., without substitution, for the purchase of 100 TASER Axon Flex Body-worn video cameras under the sole source competitive ID#14-152 Page 3 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised bidding exception 2.Award a purchase contract in the amount of $159,732.13 to TASER International, Inc., for the purchase and service of body video cameras to be worn by police officers Sponsors:Police Department * RESOLUTION - 4th amendment to Annual Appropriations Resolution No. 2014-95 appropriating $330,400 of Neighborhood Stabilization Program funds for development agreements previously approved by Council (Requires 5 affirmative votes) ID#14-159 Sponsors:Planning and Development Department Approve agreements with Unison to complete the purchase of a defined easement for the cell site at Fire Station 13 ID#14-192 Sponsors:Fire Department *Adopt a Side Letter of Agreement between the City of Fresno and Unit 10, represented by the International Association of Fire Fighters (IAFF), Local 753, Management Unit amending the Memorandum of Understanding (MOU) provision on payment of health care premiums ID#14-194 Sponsors:Personnel Services Department *Adopt a Side Letter of Agreement between the City of Fresno and Unit 15, Airport Public Safety Supervisors (FAPSS), represented by Operating Engineers, Local No. 3 (OE3), regarding benefits for permanent part time employees ID#14-195 Sponsors:Personnel Services Department Approve appointments of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton; the reappointment of Barbara Goodwin and Mike Rastegar to the Fresno Metropolitan Flood Control District; the appointment of Scott Miller to the Fresno Regional Workforce Investment Board; and the appointment of Lawrence Garcia to the Housing and Community Development Commission (HCDC) ID#14-229 Sponsors:Mayor's Office Page 4 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised CONTESTED CONSENT CALENDAR Page 5 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised 2. GENERAL ADMINISTRATION Actions pertaining to the N. Willow Avenue widening project, 0.25 miles south of Nees Avenue to Shepherd Avenue - Bid File 3332 (Council District 6) 1.* RESOLUTION - 5th amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $3,334,100 for construction costs on the Willow Avenue widening between Nees and Shepherd capital project in FY 2015 (Requires 5 affirmative votes) 2.Award a Construction Contract to Avison Construction Inc., of Madera, California in the amount of $2,199,899 for the N. Willow Avenue widening project, 0.25 miles south of Nees Avenue to Shepherd Avenue and to authorize the Public Works Director, or his designee, to execute the standard contract on behalf of the City ID#14-172 Sponsors:Public Works Department Actions pertaining to the McKinley Avenue Traffic Synchronization Project from Highway 99 to Clovis Avenue rebid - Bid File 3338 (Council Districts 1, 3, 4 and 7) 1.Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines, for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue 2.Award a Construction Contract to Crosstown Electrical & Data, Inc. of Irwindale, California in the amount of $833,370 for the base bid all add alternates for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue rebid ID#14-173 Sponsors:Public Works Department Actions pertaining to the Bullard Avenue Traffic Synchronization Project from Marks Avenue to Willow Avenue rebid - Bid File 3320 (Council Districts 2, 4, 6 and Fresno County) 1.Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines, for the Bullard Avenue Wireless ITS Project from ID#14-178 Page 6 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised Marks Avenue to Willow Avenue 2.Award a Construction Contract to Crosstown Electrical & Data, Inc. of Irwindale, California in the amount of $755,808 for the base bid and add alternate 1 for the Bullard Avenue Wireless ITS Project from Marks Avenue to Willow Avenue rebid Sponsors:Public Works Department Acquisition of a 2.46-acre parcel located at 6135 N. Golden State Boulevard to use as right-of-way for the construction of Veterans Boulevard Overcrossing (Council District 2) ID#14-199 Sponsors:Public Works Department 3. CITY COUNCIL RESOLUTION of the Council of the City of Fresno, California, supporting California Assembly Bill 69 ID#14-210 Sponsors:Mayor Brand and Council President Brandau Page 7 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised 4. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (a) 1.City of Fresno, et al v. AIG Financial Products Corp., et al. U.S. District Court Case No.: 08 MDL No. 1950 ID#14-201 Sponsors:City Attorney's Office 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#14-218 Sponsors:City Attorney's Office Page 8 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 AM SCHEDULED COMMUNICATION Appearance by Ike Grewal of the Sikh Community Activist to request approval of a discount on the fees for the Convention Center ID#14-207 10:30 A.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION Successor Agency Board, City Council and Fresno Revitalization Corporation Board consider approving: 1.Adopt a finding of Categorical Exemptions pursuant to Article 19, Sections 15301/Class 1 (existing facilities) and 15303/class 3 (new construction or conversion of small structures) of the California Environmental Quality Act (CEQA) Guidelines for ornamental fence installation, 450 M Street @ Santa Clara. (bid file No. 3299); and 2.Award a contract to Marko Construction Group as the lowest responsive and responsible bidder for ornamental fence installation, 450 M Street @ Santa Clara (bid file No. 3299) ID#14-208 Page 9 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised 10:45 AM - 1 BILL - (For introduction) - Amending the Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing citizens to file Administrative Complaints for Municipal Code violations involving public nuisances. ID#14-183 Sponsors:City Attorney's Office 10:45 AM - 2 *BILL NO. B-33 - (Intro. 7/31/2014) (For adoption) - Amending Sections 1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure ID#14-188 Sponsors:City Attorney's Office 1:30 P.M. Actions pertaining to a consultant contract for the High Speed Rail Station Area Master Plan 1.* RESOLUTION- 3rd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes) 2.Authorize the Director of the Development and Resource Management (DARM) Department to enter into a professional services agreement with the firm of AECOM Technical Services, (AECOM) in the amount not to exceed $966,068 utilizing funding from the California High Speed Rail Authority (CHSRA) and Fresno Council of Governments (Fresno COG) ID#14-181 Sponsors:Planning and Development Department Page 10 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised 2:00 P.M. Workshop on the City of Fresno’s Draft General PlanID#14-197 Sponsors:Planning and Development Department 3:00 P.M. Actions Pertaining to Initiative Measure to Repeal the Four Year Water Rate Plan and Required Council Action. ID#14-203 Page 11 City of Fresno ***Subject to Mayoral Veto July 31, 2014City Council Meeting Agenda - Final-revised 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 Aug. 21 2:00 P.M. HEARING re: Final Tract Map No. 6073 annexed to CFD No. 11; northside of E. Church Avenue betw. S. Chestnut and Peach Avenues (Council District 5) UPCOMING EMPLOYEE CEREMONIES 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 immeidately following - 2nd floor foyer) Page 12 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-213 Agenda Date:7/31/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of ‘NATIONAL NIGHT OUT” - Acting President Baines 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#14-215 Agenda Date:7/31/2014 Agenda #: CEREMONIAL PRESENTATION Presentation of P.R.I.D.E.Team Certificates to City Employees for the Summer Quarter (Reception immediately following - 2nd floor foyer) City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ Ë5=or.rSru¿rfrE=iEz¿¡N= REpORT TO THE C¡TyCOUNC¡L AGENDA ITEM NO. COUNCIL MEETING Julv 31. 2014 APPROVED BY DEPARTMENT DIRECTOR DATE: July 31 ,2014 SUBJECT: EMPLOYEE RECOGNITION PROGRAM SUMMER QUARTER 2014 BACKGROUND In Jan the recognition and the empióyee who the acronym PRIDE provide outstanding public se¡vice standard of excellence inperform lt is my pleasure to present to the C NAME DEPARTMENT Emily Madrigal Airports Department Erica Gamarena Gity Attorney's Office Cindy Bruer Gity Clerks/City Manager/Mayor/Gouncil Neil Hoppus Department of Public utilities Magi Padron Department of Public Utilities Margaret Silsby Department of Public Utilities Carla Watkins Department of Public Utilities Judith S Yelton Development & Resource Management Department EMPLOYEE RECOGNITION PROGRAM SUMMER QUARTER 2014 Page 2 Sheryl Ringgenberg Kevin Driver Justin Hill Judi Huss Felipe Santana Pam Hoffman Tammy Williams Henry Garcia Jeremy Kuckenbaker Michael Martin Ann Tipton Terese Edwards Ron Hunt Fabiola Lopez Bruce Mitchell Cesar Alvarez Adam Peter Ken Phillips Steve Sanchez Finance DepartmenUGentral Printi ng Fire Department Fire Department Fire Department lnformation Services Department Parks, After School, Recreation & Community Service Personnel Services Department Police Department Police Department Police Department Police Department Public Works Department Public Works Department Public Works Department Public Works Department Transportation Department Transportation Department Transportation Department Transportation Department City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-152 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:KEITH L. FOSTER, Deputy Chief of Police Police Department SUBJECT 1.RESOLUTION -Authorizing the Chief of Police or designee to specify TASER International, Inc.,without substitution,for the purchase of 100 TASER Axon Flex Body-worn video cameras under the sole source competitive bidding exception 2.Award a purchase contract in the amount of $159,732.13 to TASER International,Inc.,for the purchase and service of body video cameras to be worn by police officers RECOMMENDATION It is recommended that Council authorize the Chief of Police or designee to specify TASER International,Inc.,(TASER)without substitution,for the purchase of 100 TASER Axon Flex body- worn video cameras under the sole source competitive bidding exception without an “or equal” provision in the specifications.It is also recommended that a purchase and service contract of $159,732.13 be awarded to TASER for the purchase and maintenance of the 100 TASER Axon Flex body-worn cameras and related data storage. EXECUTIVE SUMMARY Across the country many police encounters are often recorded by citizens with smart phones or other recording devices.On some occasions,those images are distorted or altered.The use and availability of body-worn cameras will provide the “point of view”of an officer and could reduce or minimize organizational litigation. The Fresno Police Department’s Homeless Taskforce,which is comprised of one sergeant,four police officers,two code enforcement specialists and two sanitation staff members currently wear TASER Axon Flex body-worn cameras.The body-worn cameras have proven to be valuable tools to the Homeless Taskforce Team and members of the community. City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-152 Agenda Date:7/31/2014 Agenda #: BACKGROUND Video technology is being utilized by law enforcement agencies at an increasing pace.The first large scale introduction of video technology for police officers was limited to “in-car”video camera systems. However,the “in car”video systems were limited to the video footage that was captured in the front of the vehicle. Personal body-worn cameras were eventually introduced as a more realistic tool to capture the true “point of view”of a police officer.In an era of increased public scrutiny and litigation,body-worn camera systems provide video evidence to capture critical incidents and also prove to be invaluable during investigations of complaints against police officers,when independent witnesses are not present. TASER has patented a body-worn video camera technology system -AXON flex and a secure patented cloud based video storage component called evidence.com.TASER International’s trademarked mounting capabilities provide unparalleled options for users to place a video camera on sunglasses,helmets,baseball caps,lapels and uniform epaulettes to provide unobstructed point of views.The variety of mounting options is not available from other manufacturers.TASER has emerged as the leader in body-worn video technology. The extended battery life provides over 12 hours of video camera operation to accommodate an officer’s entire work shift.The battery pack has LED lights to show the battery level and operating mode.The video camera system has a “Bluetooth”pairing component to allow video playback on a mobile device,yet the camera system has an internal security system which prevents users from altering or deleting video footage.The video system contains a buffering protocol to capture 30 seconds of video footage prior to the activation of the recording feature. The video camera system includes the evidence transfer system which downloads all of the video footage at the completion of a work shift into a secured cloud-based server while also fully charging the battery.The evidence server is a hosted management system which enables police departments and military units to seamlessly manage and share digital evidence.The management system allows an agency to establish password encrypted access levels for line,supervisors and managers.The system has a feature for the Chief of Police to designate one department member to have “executive access”which is the highest authorization level.The chief’s designee with the executive access is the only user that can delete video footage that may have captured sensitive or restricted images. The access feature also allows assisting agencies such as courts,district attorneys or federal prosecutors to have “read only” password encrypted access to digital evidence for prosecution. The purchase contract will cover the entire cost of the cameras,the mounting options,the evidence.com docking and charging terminals,wireless hub,future equipment as needed,the three- year licensing fee,a one-year factory warranty and an additional two-year extended warranty.The warranties will fully cover the cameras and all associated equipment for a total of three years. ENVIRONMENTAL FINDINGS N/A City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-152 Agenda Date:7/31/2014 Agenda #: LOCAL PREFERENCE This contract would be awarded as a sole source,meaning local preference would not apply since there is a single provider of the specified equipment. FISCAL IMPACT The FY/2015 budget for the Fresno Police Department has designated $89,732.13 to be used for the purchase of body-worn video cameras.The remaining $70,000.00 cost of the TASER Axon Flex cameras and associated equipment will be covered by a State Law Enforcement Supplemental Fund Grant. Attachments:Resolution Agreement Sole Source Memorandum KF:rd 07/08/2014 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#14-159 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department BY:CRYSTAL SMITH, Management Analyst III Development and Resource Management / CDBG Section SUBJECT *RESOLUTION -4th amendment to Annual Appropriations Resolution No.2014-95 appropriating $330,400 of Neighborhood Stabilization Program funds for development agreements previously approved by Council (Requires 5 affirmative votes) RECOMMENDATION Adopt the 4th Amendment to AAR No.2014-95 approving the appropriation of $330,400 of Neighborhood Stabilization Program 1 (NSP1)funds for projects previously approved by the City Council. EXECUTIVE SUMMARY On November 29,2012,Council adopted a substantial amendment to the Annual Action Plan approving development agreements with Fresno Housing Authority and TFS Investments to carry out acquisition,rehabilitation,and leasing activities.The agenda item also approved the use of NSP1 revenue to complete the projects. This agenda item seeks spending authority for $330,400 of revenue drawn at the end of the prior fiscal year for reimbursement of eligible program costs but not included in the carryover.These activities and associated reimbursement need to be appropriated at this time to complete the activities.These are not new funds for purposes of new development projects.Both programs are near construction completion and staff seeks to close out the program and make the final payment to the NSP3 development partners, as previously approved by Council. BACKGROUND The Neighborhood Stabilization Program (NSP)provides funding from the U.S.Department ofCity of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-159 Agenda Date:7/31/2014 Agenda #: The Neighborhood Stabilization Program (NSP)provides funding from the U.S.Department of Housing and Urban Development (HUD)to assist jurisdictions with addressing the impact the national foreclosure crisis had on local neighborhoods.The City of Fresno is the recipient of $10.969 million of NSP1 funds and $3.547 million of NSP3 funds,as authorized under the Housing and Economic Recovery Act of 2008 and the Dodd-Frank Wall Street Reform and Protection Act of 2010, respectively. The City of Fresno is an entitlement jurisdiction that receives grant funding through the U.S. Department of Housing and Urban Development.As a requirement to receive the funding,the City is required to prepare an Annual Action Plan that details the jurisdiction’s approved activities and funding.On November 29,2012,Council adopted a substantial amendment to the Annual Action Plan approving development agreements with Fresno Housing Authority and TFS Investments to carry out acquisition,rehabilitation,and leasing activities.The agenda item also approved the use of NSP1 revenue to complete the projects. As recipients of NSP funding,the City was charged with acquiring,rehabilitating,selling,and leasing foreclosed homes to persons at or below 120%of the area median income.To this end,the City, through its NSP partners, successfully: ·Acquired and rehabilitated 81 homes,a 118-unit complex near downtown,and a 32-unit apartment complex near Fresno State; ·Sold 71 homes under NSP1 to low to middle income households; ·Leased open units in the 32-unit apartment complex and the single family properties acquired under NSP3; and ·Created $4 million in program income under NSP1. This agenda item seeks spending authority for funds drawn down at the close of the prior fiscal year that were not included in the carryover.Funds will be used to reimburse the NSP3 partners for eligible construction costs previously approved by Council.This revenue is not new funding available for new projects. Approval of the items allows the City to meet its contractual obligations. ENVIRONMENTAL FINDINGS This is not a project for purposes of CEQA. No environmental finding is required. LOCAL PREFERENCE Local preference is not applicable because of the use of federal funding. FISCAL IMPACT There is no fiscal impact to the General Fund.This action seeks appropriation authority for funds drawn down at the end of the prior program year and not captured as part of the carryover.NSP funds are received from HUD and are used for eligible construction activities. Attachment:Exhibit A - 4th Amendment to AAR Resolution No. 2014-95 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 4th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION No. 2014-95 APPROPRIATING $330,400 OF NEIGHBORHOOD STABILIZATION PROGRAM FUNDS FOR DEVELOPMENT AGREEMENTS PREVIOUSLY APPROVED BY COUNCIL 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: DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT Nghbrhd Stabiliztn Prgm $ 330,400 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Nghbrhd Stabiliztn Prgm Revenues: Account: 30101 Transfer from Fund Balance $ 330,400 Fund: 20515 Org Unit: 109901 Total Revenues $ 330,400 Appropriations: Account: 57507 Contract Construction $ 330,400 Fund: 20515 Org Unit: 109901 Total Appropriations $ 330,400 THAT the purpose is to appropriate $330,400 of NSP funds reimbursed from the U.S. Department of Housing and Urban Development and increase appropriations for contract construction to cover Neighborhood Stabilization 3 Program constructions costs. - 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 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-192 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:CHERYL CARLSON, Management Analyst III Fire Department SUBJECT Approve agreements with Unison to complete the purchase of a defined easement for the cell site at Fire Station 13 RECOMMENDATION Staff recommends Council approve agreements with Unison to complete the purchase of a defined easement for the cell site at Fire Station 13 through March 31, 2023. EXECUTIVE SUMMARY Approval of the recommended action will allow the Fire Department (Department)to complete the defined easement process for the cell tower site located at Fire Station 13 that was approved by Council on May 22,2014.This defined easement will provide a lump sum,one-time payment of $203,073 to the City in exchange for the current scheduled rent stream of $1,651 per month (plus one CPI escalator in 2018)for the term of the assigned easement (expiring March 31,2023).In addition,any future rent received by Unison over and above the current base monthly fee shall be split 50/50 between the City of Fresno and Unison.Ownership of the overall property remains with the City subject to the easement. BACKGROUND On April 1,1993,City Council approved an agreement with Contel Cellular of California,Inc.,a California public utility corporation,to license certain real property together with access and utility easements located at Fire Station 13 for the purpose of constructing,maintaining,and operating a communications facility, including tower structures and related equipment. Crown Castle GT Company LLC is currently the licensee under the license as successor in interest to the original licensee (Contel Cellular of California,Inc).The term of the original agreement was 25 City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-192 Agenda Date:8/21/2014 Agenda #: the original licensee (Contel Cellular of California,Inc).The term of the original agreement was 25 years,expiring March 31,2018,and the agreement provides for a monthly license fee payable to the City of Fresno that is adjusted every five years by the CPI. In 2013,Crown Castle GT Company LLC requested an extension of the existing agreement and on February 6,2014,City Council approved a five-year term extension to March 31,2023,for a one- time,lump sum payment of $10,000.The current monthly fee is $1,651.28 and provides $19,815.36 in General Fund revenues annually.This amount will be subject to one final CPI adjustment in April 2018. In late 2013 the Department was also contacted by Unison about the possibility of assignment of the Crown Castle GT Company LLC agreement.Under the approved agreement,Unison will receive the currently scheduled monthly rent stream (including the April 2018 escalator)for the remaining term of the original agreement in exchange for a one-time,lump sum payment of $203,073.In addition,if Unison engages any future tenants on the cell site,any rental revenues would be split 50/50 between the City of Fresno and Unison.Ownership of the overall property remains with the City of Fresno subject to the easement. Unison’s offer is greater than the total lease rent due under the remaining term of the existing lease (assuming an April 2018 CPI escalator of twelve percent,which is the average of the prior four CPI adjustments).Staff calculated the existing contract estimated revenues receivable through March 2023 to be $185,100.This provides positive net proceeds of $17,973 by taking the lump sum payment now,and any future revenue increases from the site will be split 50/50 between Unison and the City.Staff also performed present and future value comparisons which indicate that the Unison lump sum payment is financially beneficial and it eliminates the risk of decreased revenues that might occur in the future should the current contractor decommission this site due to changes in the communications industry. City Council approved the Terms of Agreement and Document Checklist for this transaction on May 22,2014.Since that time,staff has been working with Unison to finalize the agreements necessary to complete the transaction.The Net Profits Agreement outlines Unison’s obligation to pay the City of Fresno fifty percent of any rental revenues from future cell site tenants.The Wireless Communication Easement and Assignment Agreement grants Unison an exclusive easement for the transmission and reception of any and all wireless communication signals and a non-exclusive easement over portions of the property at Fire Station 13 to allow ingress and egress to the cell tower site for installation, repair, maintenance, etc. The City Attorney’s Office has reviewed and approved as to form the proposed Agreements. ENVIRONMENTAL FINDINGS By the definition in the California Environmental Quality Act (CEQA)Guidelines Section 15378,an agreement to purchase an easement does not qualify as a “project” as defined CEQA. LOCAL PREFERENCE Local preference was not considered because the purchase of an easement does not include a bid or award of a construction or services contract. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-192 Agenda Date:8/21/2014 Agenda #: FISCAL IMPACT This transaction will provide a one-time lump sum payment of $203,073 and the Department will no longer appropriate General Fund revenues of approximately $19,800 annually through FY 2023. Staff will return to Council for appropriation of the revenues and proposed expenditures at a future date. Attachments: -Unison Net Profits Agreement -Unison Easement Agreement City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ Unison Site #255798 NPA_0407 1 NET PROFITS AGREEMENT THIS NET PROFITS AGREEMENT (“Agreement”) is made as of the ____ day of July, 2014 (“Effective Date”) by and between City of Fresno, a California municipal corporation, whose address is 2600 Fresno Street, 2nd Floor, Fresno, California 93721 (“Site Owner”) and T14 Unison Site Management LLC, a Delaware limited liability company, whose address is P.O. Box 1951 Frederick, Maryland 21702-0951 (“Unison”). All references hereafter to “Unison” and “Site Owner” shall include their respective heirs, successors, personal representatives, lessees, licensees and assigns (Unison and Site Owner, collectively, “Parties”). RECITALS WHEREAS, Site Owner is the owner of that certain real property (“Property”) located in the City of Fresno, and County of Fresno, in the State of California, having a street address of 815 E. Nees Avenue, Fresno, California 93720; WHEREAS, the Property is subject to certain existing leases and license agreements (collectively, “Existing Agreements”) and may be subject to New Agreements (as hereafter defined) that require the lessees or licensees thereunder to pay rents, license payments, escalations and any other amounts (such amounts, collectively the “Rent”); WHEREAS, as of July _______, 2014, the Parties entered into a Wireless Communication Easement and Assignment Agreement (the “Easement Agreement”), pursuant to which Site Owner granted to Unison certain easements in the Property (the “Easement”), and assigned to Unison the Existing Agreements; WHEREAS, the Easement Agreement grants Unison the right to lease, license, transfer or assign, in whole or in part, or permit the use of the Easement to third parties and/or customers of Unison (collectively, “Customers”) and grants Unison the right to any and all Rent through the stated term of the Easement Agreement; WHEREAS, the Parties agree that “Scheduled Rent” means the Rent due, at any point in time, in accordance with the provisions of the Existing Agreements as of the Effective Date. Scheduled Rent shall begin on the Effective Date and continue through the stated term of the Easement Agreement. For purposes of determining Scheduled Rent, the Existing Agreements are deemed to remain in full force and effect throughout the stated term of the Easement Agreement; WHEREAS, the Parties agree that “Unison Rent” means the cumulative amount of Scheduled Rent due to Unison from the Effective Date through the date on which the amount is calculated (“Date of Determination”); WHEREAS, the Parties recognize that in the future, Unison may enter into agreements with Customers ("New Agreements") pursuant to which Unison may lease or license, or consent to a sublease, sublicense or co- location with respect to portions of the Easement which lie within and/or outside the boundarie s of the premises demised in the Existing Agreements which may result in Unison actually receiving Rent that is greater than Unison Rent (“Excess Revenue”); WHEREAS, Unison has agreed to pay to Site Owner fifty percent (50%) of Excess Revenue, if any, as set forth below; NOW, THEREFORE, for and in consideration of the sum of Two Hundred and Three Thousand and Seventy-Three and No/100 ($203,073.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which Site Owner does hereby acknowledge and grant Unison full discharge and acquittance therefor, Site Owner and Unison agree to the following: 1. Stipulation and Acknowledgement. The Parties stipulate, acknowledge, and agree that this Agreement (i) does not constitute an “executory contract” under Section 365 of the United States Bankruptcy Code, Unison Site #255798 NPA_0407 2 11 U.S.C. § 365; and (ii) is non -executory in nature, and therefore is not subject to rejection under Section 365 of the United States Bankruptcy Code, 11 U.S.C. § 365. The Parties stipulate, acknowledge, and agree that this Agreement does not impose any continuing obligations on the Site Owner whatsoever. 2. Acknowledgement Concerning Effect of Easements. The Parties acknowledge and agree that, pursuant to the Easement Agreement and the easements created and real property rights granted to Unison under the Easement Agreement, only Unison is entitled to collect and receive Rent from the Existing Agreements and New Agreements. 3. Excess Revenue. Notwithstanding the acknowledgement contained in Section 2 above, Unison shall pay to Site Owner, on a monthly basis, fifty percent (50%) of all Excess Revenue, if any, from the Rent actually received by Unison from Customers (the "Net Profits Payment"). Unison shall remit the Net Profits Payment to Site Owner on the fifteenth (15th) day or first business day thereafter of each month throughout the term hereof, based on the amount of Excess Revenue, if any, actually received by Unison during the preceding month, less (i) any costs and expenses actually incurred by Unison due to the failure of Site Owner to comply with its obligations under the Easement Agreement and any amounts due to Unison (including, without limitation, any reimbursement or offset) under the Easement Agreement, and (ii) fifty percent (50%) of collection costs, attorneys’ fees and court costs actually incurred by Unison in enforcing or otherwise litigating the terms of any Customer agreement. 4. Unison Rent. Throughout the term of this Agreement, Unison is entitled to receive the amount of Unison Rent as determined in accordance with the provisions of this Agreement. The Parties intend that if at any time during the term hereof the Rent actually received by Unison is less than Scheduled Rent, then Unison shall retain all Rent, until such time as Unison has received the full amount of Unison Rent which would then be due to Unison as of the Date of Determination. The obligation of Unison to pay any amounts to Site Owner pursuant to this Agreement is expressly subject to the condition that at any point in time throughout the term of this Agreement, Unison shall have received the full amount of Unison Rent due to Unison as of the Date of Determination. 5. Termination. This Agreement shall terminate, and the payment and other obligations of Unison hereunder shall immediately cease and be of no effect upon termination of Unison's interest in the Property for any reason. 6. Default. (a) In the event of a monetary default ("Default") hereunder by Unison, Site Owner shall provide Unison with written notice of the Default, and Unison shall have fifteen (15) days from its actual receipt of such notice to cure same. If Unison fails to cure the Default within the foregoing grace period, then Site Owner 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; and/or (ii) proceed by appropriate court action to enforce the terms of the Agreement. Further, Site Owner is not entitled to terminate the Easement Agreement or terminate the easements created under such agreement for any reason whatsoever (including any breach of this Agreement or the Easement Agreement). (b) In the event of any dispute (including any dispute over an alleged Default) or non-monetary default arising out of this Agreement, the following dispute resolution process shall be followed: (1) upon a party's written notice of dispute to the other party, an authorized representative of the Site Owner and Unison shall, through a good faith negotiation, attempt to settle a written resolution with thirty (30) days and (2) if such negotiation attempts fail, the parties must participate in non -binding mediation before either party may initiate litigation. The parties shall mutually select, in writing, a mediator with at least 5 years’ experience. The parties shall share the mediator’s fees equally. In the event the parties are unable to reach a mutually acceptable resolution of the Claim within 20 working days of the state of the mediation, unless extended or otherwise terminated by written mutual agreement of the parties, mediation shall terminate. Any settlement reached must be in writing and is subject to approval by the City Manager or City Council consistent with City la ws and policies. If the dispute continues after exhausting all aforementioned measures, litigation may be initiated. The prevailing party, in any proceedings under this Section 6, shall be entitled to recover all costs incurred in connection therewith, in cluding legal fees. Unison Site #255798 NPA_0407 3 7. Severability. The Parties agree that if any term of this Agreement is found to be void or invalid, such provision shall be fully severable herefrom and such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect, and this Agreement shall be reformed and construed as if such invalid provision had never been contained herein, and if possible, such provisions shall be reformed to the maximum extent permitted under applicable law to render same valid, operative and enforceable to reflect the intent of the Parties as expressed herein. 8. Absence of Certain Representations or Warranties. Site Owner acknowledges that Unison has not made any representations or warranties to Site Owner concerning the amount of Excess Revenue, if any, to which Site Owner may be entitled to receive pursuant to the Agreement, and Unison hereby disclaims all such representations and warranties. 9. Receipt of Certain Funds by Site Owner. In the event Site Owner receives any revenues or checks due Unison pursuant to the Existing Agreements or otherwise with respect to the Easement, Site Owner shall promptly deliver such funds and/or endorse such checks to Unison for distribution pursuant to the terms hereof. 10. Assignment; Secured Parties. Unison has the unrestricted right to assign, mortgage or grant a security interest in all of Unison’s interest in and to this Agreement, and may assign this Agreement to any such assignees, mortgagees or holders of security interests, including their successors and assigns (“Secured Party” or, collectively, “Secured Parties”). Site Owner agrees to notify Unison and Secured Parties (provided Unison has given Site Owner notice and contact information of Secured Parties) simultaneously of any default by Unison and give Secured Parties the same right to cure any default. If any Secured Party shall succeed to Unison’s interest under this Agreement, such Secured Party shall have no liability for any defaults of Unison accruing prior to the d ate that such Secured Party succeeds to such interest. Site Owner will enter into modifications of this Agreement reasonably requested by any Secured Party. Site Owner shall have the right to assign or grant a security interest in this Agreement, provided that Unison shall not be bound by any such assignment or security interest unless Unison receives notice of such assignment or security interest, together with the correct notice address of such assignee or grantee. All payments made by Unison to Site Owner prior to receipt of the foregoing notice shall be deemed to satisfy the payment obligations of Unison hereunder . 11. Estoppel Certificate. At any time during the term hereof, each party shall have the right to deliver to the other a statement of such party certifying: (i) that this Agreement is unmodified and in full force and effect (or, if there have been modifications, stating the modifications and that the modified Agreement is in full force and effect); (ii) whether or not, to the best knowledge of th e responding party, the requesting party is in default in performance of any of its obligations under this Agreement, and, if so, specifying each such default; (iii) that there are no amounts due to the responding party from the requesting party; and (iv) any other information reasonably requested concerning this Agreement (the “Estoppel Certificate”). In the event the responding party fails to dispute the Estoppel Certificate by delivery to the requesting party of a notice specifying the nature and circumstances of any matter in the Estoppel Certificate that is disputed by the responding party within ten (10) days of receipt of the Estoppel Certificate, then all matters specified in the Estoppel Certificate shall be deemed true and correct, and the Estoppel Certificate shall thereafter be binding on the Parties, Secured Party or any party designated by the requesting party, and all of such parties may thereafter rely on the Estoppel Certificate as a conclusive statement of fact by the responding party as to the matters set forth therein. 12. Audit. Site Owner shall have the right to conduct an audit of Unison's books and records pertaining to the rental income from the Easement and any amounts to be paid to Site Owner hereunder , upon at least thirty (30) days prior written notice to Unison delivered on or before December 31 of the calendar year following the calendar year for which the audit is to be conducted. Site Owner shall bear all reasonable costs of the audit, including, without limitation, reasonable copying costs. 13. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given one (1) business day after posting with a nationally recognized overnight courier service, or the earlier of receipt or ten (10) days after posting by registered or certified mail, return receipt requested, to the addresses of Site Owner and Unison set forth on the signature page. Either party may change its notice address by providing a new recipient name and address by notice as set forth in this paragraph. Unison Site #255798 NPA_0407 4 14. No Joint Venture or Partnership. Neither party shall be, or hold itself out to be, the agent of the other party and neither party shall have the authority to bind or commit the other party. Neither party shall be empowered to accept legal process on behalf of the other party. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture between the Parties. 15. Miscellaneous. (a) The Parties agree that the recitals and prefatory phrases and paragraphs set forth above are hereby incorporated in full, and made a part of, this Agreement; (b) this Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes all offers, negotiations and any other written or verbal agreements; (c) any amendments to this Agreement must be in writing and executed by both Parties; (d) this Agreement is governed by the laws of the State in which the Property is located; (e) 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; (f) the section headings of this Agreement have been inserted for convenience of reference only, and shall in no way modify or restrict the terms of this Agreement; (g) Site Owner acknowledges that Unison has not provided any legal or tax advice to Site Owner in connection with the execution of this instrument; and (h) this Agreement may be executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of which shall be deemed to be one and the same instrument. [SIGNATURE PAGE FOLLOWS] Unison Site #255798 NPA_0407 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. “UNISON”: T14 UNISON SITE MANAGEMENT LLC, a Delaware limited liability company By: James R. Holmes Title: Authorized Signatory Address: T14 Unison Site Management LLC P.O. Box 1951 Frederick, Maryland 21702-0951 Tel: (646) 452-5455 Fax: (301) 360-0635 "SITE OWNER": CITY OF FRESNO, a California municipal corporation By: Bruce Rudd, City Manager By: Kerri Donis, Fire Chief ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy APPROVED AS TO FORM: City Attorney’s Office By: Brandon M. Collet Date Deputy City Attorney Address: City of Fresno Attention: ____________________ 2600 Fresno Street, 2nd Floor Fresno, California 93721 Tel: (559) _________________ 1 Prepared by: Robert W. Mouton Locke Lord LLP 601 Poydras Street, Suite 2660 New Orleans, LA 70130 LL File: #0590924.06142 Record and Return to: Dione Carter Fidelity National Title Insurance Company 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 Phone: 1.804.267.2049 Fax: 1.804.267.2330 File: # 18833244 Unison Site: # 255798 WIRELESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT THIS WIRELESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT (“Agreement”) is made as of the ____ day of July, 2014 (“Effective Date”), by and between City of Fresno, a California municipal corporation, whose address is 2600 Fresno Street, 2nd Floor, Fresno, California 93721 (“Site Owner”) and T14 Unison Site Management LLC, a Delaware limited liability company, whose address is P.O. Box 1951, Frederick, Maryland 21702 (“Unison”). All references hereafter to “Unison” and “Site Owner” shall include their respective heirs, successors, personal representatives, lessees, licensees and assigns (Unison and Site Owner, collectively, “Parties”). RECITALS WHEREAS, Site Owner is the owner of that certain property (the “Property”) located in the City of Fresno, and County of Fresno, in the State of California, having a street address of 815 E. Nees Avenue, Fresno, California 93720, and which Property is more particularly described on Exhibit A attached hereto. WHEREAS, the effective date of this Agreement is the earlier of the date this Agreement is recorded of public record or the funding date (“Effective Date”). NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which Site Owner does hereby acknowledge and grant Unison full discharge and acquittance therefor, Site Owner and Unison agree to the following: 1. Grant of Easement. (a) Site Owner grants, bargains, sells, transfers and conveys to Unison: 2 (i) an exclusive easement in, to, under and over the portion of the Property substantially as shown and/or described on Exhibit B-1 (“Communication Easement”) for the transmission and reception of any and all wireless communication signals and the construction, maintenance, repair, replacement, improvement operation and removal of towers, antennas, buildings, fences, gates, g enerators and related facilities (collectively, “Facilities”) and any related activities and uses including those necessary for Unison to comply with its obligations under the agreements listed on Exhibit C (“Existing Agreements”) together with the right to enter the Property and access the Easements described below, without notice to Site Owner, twenty-four (24) hours a day, seven (7) days a week, as may be required in connection with the activities and uses described in this Agreement, and (ii) a non-exclusive easement in, to, under and over portions of the Property substantially as shown and/or described on Exhibit B-2 (“Access and Utility Easements;” Communication Easement and Access and Utility Easements, collectively “Easements”) for ingress and egress to and from the Communication Easement and a publicly dedicated roadway, and for the installation, repair, replacement, improvement , maintenance and removal of utilities providing service to the Communication Easement and the Facilities, and any related activities and uses. (b) The Parties agree that the Communication Easement includes, without limitation, (i) the portion of the Property leased by Site Owner under the Existing Agreements, and (ii) the portion of the Property upon which any Facilities are located on the Effective Date. 2. Assignment of Existing Agreements. Site Owner transfers and assigns to Unison, as of the Effective Date, all of its right, title and interest in, to and under the Existing Agreements, including without limitation, all rents, secur ity deposits and other monies due the Site Owner specified therein. The Parties intend that this Agreement serve as an absolute assignment and transfer to Unison of all rents and other monies due the Site Owner pursuant to the Existing Agreements. Unison assumes the obligations and liabilities of Site Owner under the Existing Agreements only to the extent that such obligations and liabilities (a) are not the responsibility of the Site Owner pursuant to the terms of this Agreement; and (b) accrue on or after the Effective Date. 3. Use of Easements. Consistent with the uses set forth in Section 1 above, Unison shall have the right to lease, license, transfer or assign, in whole or in part, or permit the use of the Easements and/or its rights under this Agreement by any third parties including communication service providers or tower owners or operators, and any lessee or licensee under the Existing Agreements and the affiliates, agents, contractors, invitees and employees of Unison and/or Unison’s present or future lessees or licensees (collectively, “Customers”). 4. Term. This Agreement and the Easements shall be perpetual commencing on the Effective Date. Notwithstanding the foregoing, in the event Unison and Customers voluntarily cease to use the Easements (as defined in Section 1) for a period of more than five years (for reasons other than casualty, condemnation or Act of God), the Easements shall be deemed surrendered. Unison may surrender the Easements for any reason or at any time by giving thirty (30) days’ notice to Site Owner. Upon surrender, this Agreement shall be terminated, and Unison and Site Owner shall execute and record such documents reasonably required to terminate the Easements. This Agreement may not be terminated by Site Owner. 5. Improvements; Utilities. Unison and its Customers, may, at their discretion and expense, construct such improvements in, to, under and over the Easements, consistent with the uses specified in Section 1, all of which shall be deemed part of the Facilities. Th e Facilities shall remain the property of Unison and its Customers, as applicable, and Site Owner shall possess no right, title or interest therein. In the event that utilities necessary to serve the Facilities cannot be installed within the Easements, Site Owner agrees to cooperate (at no cost to Site Owner) with Unison and to act reasonably and in good faith in granting Unison the right to locate such utilities on the Property without requiring the payment of additional fees. If necessary, Site Owner sh all, upon Unison’s request, execute and record a separate written easement with Unison or with the utility company providing the utility service to reflect such right. Site Owner hereby irrevocably constitutes and appoints Unison as its true and lawful at torney-in-fact, with full power of substitution and resubstitution, to apply for and obtain any and all licenses, permits, consents or approvals which may be required in connection with the use of the Easements by Unison and as necessary to comply with applicable laws, statutes or regulations. 3 6. Taxes. Site Owner acknowledges that a portion of the purchase price delivered by Unison to Site Owner is for and in consideration of the continuing obligation of Site Owner to pay, on or before the due date, all present and future real property taxes, transfer taxes, penalties, interest, roll -back or additional taxes, sales and use taxes and all other fees and assessments, regardless of the taxing method (the “Taxes”) attributable to the Property, this Agreement and the Easements. Without limiting the foregoing, except to the extent Taxes are the obligation of tenants under the Existing Agreements, Site Owner shall be solely responsible for the payment of such Taxes. Within ten (10) days of receiving a request from Unison, Site Owner shall furnish to Unison a copy of each bill for any such Taxes and evidence of Site Owner’s payment of such bill. In the event that Site Owner fails to pay any Taxes when due, Unison shall have the right, but not the obligation, to pay such Taxes on behalf of Site Owner. Site Owner shall reimburse Unison for the full amount of such Taxes paid by Unison on Site Owner’s behalf within five (5) business days of Site Owner’s receipt of an invoice from Unison. 7. Property Maintenance and Access. Site Owner agrees to maintain the Property. Without limiting the foregoing, except to the extent maintenance is the obligation of tenants under the Existing Agreements, Site Owner shall be solely responsible for the maintenance of the Property. Site Owner agrees to provide Unison and its Customers access to and from the Easements and all other space in the Property consistent with the grant of the Easements set forth in Section 1 above, twenty-four (24) hours a day, seven (7) days a week. 8. Representations; Other Covenants of Site Owner. Site Owner represents, warrants and agrees that: (a) it is the legal owner of indefeasible and marketable title to the Property with the right, power and authority to enter into this Agreement and to grant the Easements to Unison, and any consents and authorizations required in connection with the execution and delivery of this Agreement have been obtained; (b) except for the Existing Agreements and as disclosed on Exhibit D, no leases, mortgages, deeds of trust or other encumbrances affect the Property as of the Effective Date, (c) Site Owner will comply with all governmental laws, rules and regulations applicable to the Property; (d) Site Owner has delivered to Unison true, correct and complete copies of the Existing Agreements, and, to Site Owner’s best knowledge, no party is in default of any of their respective obligations under the Existing Agreements; (e) no party under the Existing Agreements has advised of any intention to exercise, nor have they exercised, any ri ght of early termination set forth in its Existing Agreements, and further, no party has requested a reduction in the rental amount or escalator due under the Existing Agreements; (f) Site Owner has no past or current claims for utilities, taxes or other charges against tenants under the Existing Agreements; (g) Site Owner hereby waives all claims against said tenants and Unison for reimbursement of any future charges or expenses paid by Site Owner on behalf of Unison or said tenants unless Site Owner forwards evidence of the charge or expense and payment thereof for reimbursement within twelve (12) months of the date incurred; (h) as of the Effective Date, Site Owner shall not, without the prior written consent of Unison, amend or modify the Existing Agreem ents in any respect or exercise any rights granted by Site Owner to Unison under this Agreement, including, without limitation, any and all rights and remedies of Site Owner under the Existing Agreements; (i) notwithstanding anything to the contrary in this Agreement, Site Owner shall comply with all obligations of the lessor under the Existing Agreements which relate to the use, ownership and operation of the Property; and (j) Site Owner shall not use nor permit its affiliates, licensees, invitees or agents to use any portion of the Property or any other property owned or controlled by Site Owner, either directly, indirectly or by action or inaction, in a manner which in any way could result in default of the Existing Agreements or otherwise interfere with the operations of Unison and/or any Customers. 9. Environmental Covenants and Indemnity. Site Owner represents that it has not permitted or engaged in the use of, and has no knowledge of, any substance, chemical or waste (collectively “Substance”) located on, under or about the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Neither Site Owner nor Unison will introduce or use any such Substance on, under or about the Property in violation of any applicable law or regulation. No underground storage tanks for petroleum or any other Substance, or underground piping or conduits, are or have previously been located on the Property, and no asbestos –containing insulation or products containing PCB or other Substances have been placed anywhere on the Property by Site Owner or, to Site Owner’s knowledge, by any prior owner or user of the Property. Site Owner and Unison shall each defend, indemnify, protect and hold the other party harmless from and against all claims, costs, fines, judgments and liabilities, including attorney’s fees and costs, arising out of or in connection with the presence, storage, use or disposal of any Substance on, under or about the Property caused by the acts, omissions or negligence of the indemnifying party and their respective agents, contractors and employees; provided nothing herein shall constitute a 4 waiver by Site Owner of governmental immunities including California Government Code section 810 et seq. The foregoing indemnity shall survive any termination of this Agreement. 10. General Indemnity. In addition to the Environmental Indemnity set forth above, Site Owner and Unison shall each indemnify, defend and hold the other harmless against any and all costs (incl uding reasonable attorney’s fees) and claims of liability or loss arising (a) due to the breach of any representation, warranty or covenant of such indemnifying party set forth herein; and (b) out of the use and/or occupancy of the Property and Easements by the indemnifying party; provided nothing herein shall constitute a waiver by Site Owner of governmental immunities including California Government Code section 810 et seq. This indemnity shall not apply to any claims to the extent arising from the gross negligence or intentional misconduct of the indemnified party. Unison agrees that this Agreement shall in no way abrogate or waive governmental immunities available to Site Owner including but not limited to the Tort Claims Act of the state of California 11. Assignment; Secured Parties. Unison has the unrestricted right to assign, mortgage or grant a security interest in all of Unison’s interest in and to this Agreement and the Easements, and may assign this Agreement and the Easements to any such assignees, mortgagees or holders of security interests, including their successors and assigns (“Secured Party” or, collectively, “Secured Parties”). Site Owner agrees to notify Unison and Secured Parties (provided Unison has given Site Owner notice and contact information of Secured Parties) simultaneously of any default by Unison and give Secured Parties the same right to cure any default. If a termination, disaffirmation or rejection of this Agreement shall occur, pursuant to any laws (including any bankruptcy or insolvency laws), Site Owner will notify Secured Parties (provided Unison has given Site Owner notice and contact information of Secured Parties) promptly and Site Owner shall enter into a new easement agreement with any such Secured Party upon the same terms of this Agreement, without requiring the payment of any additional fees. If any Secured Party shall succeed to Unison’s interest under this Agreement, such Secured Party shall have no obligation to cure and no liability for any defaults of Unison accruing prior to the date that such Secured Party succeeds to such interest, but Unison shall remain liable for any such defaults. Site Owner will enter into modifications of this Agreement reasonably requested by any Secured Party. Site Owner hereby waives any and all lien rights it may have, statutory or otherwise, in and to the Easements and/or the Facilities or any portion thereof. 12. Estoppel Certificate. At any time during the term hereof, each party shall have the right to deliver to the other a statement of such party certifying: (i) that this Agreement is unmodified and in full force and effect (or, if there have been modifications, stating the modifications and that the modified Agreement is in full force and effect); (ii) whether or not, to the best knowledge of the responding party, the requesting party is in default in performance of any of its obligations under this Agreement, and, if so, specifying each such default; (iii) that there are no amounts due to the responding party from the requestin g party; and (iv) any other information reasonably requested concerning this Agreement (the “Estoppel Certificate”). In the event the responding party fails to dispute the Estoppel Certificate by delivery to the requesting party of a notice specifying the nature and circumstances of any matter in the Estoppel Certificate that is disputed by the responding party within ten (10) days of receipt of the Estoppel Certificate, then all matters specified in the Estoppel Certificate shall be deemed true and correct, and the Estoppel Certificate shall thereafter be binding on the Parties, Secured Party or any party designated by the requesting party, and all of such parties may thereafter rely on the Estoppel Certificate as a conclusive statement of fact by the resp onding party as to the matters set forth therein. 13. Additional Customers. It is the intent of the Parties to encourage the addition of Customers to the Property throughout and after the term hereof. Site Owner hereby irrevocably constitutes and appoints Unison as its true and lawful attorney-in-fact, with full power of substitution and resubstitution to negotiate and consummate leases, licenses and/or other agreements of use with Customers having a duration beyond the term of this Agreement. Site Owner ratifies and acknowledges the right of Unison to enter into such agreements, and the Property and Site Owner will be bound by such agreements throughout and after the termination of this Agreement for any reason. Site Owner acknowledges that all such agreements entered into by Unison shall survive the termination of this Agreement for any reason. Site Owner agrees that it shall not, directly or indirectly, divert or solicit the business of any of Unison’s Customers on behalf of itself or on behalf of any third party. Unison shall have a right of first refusal to acquire, on the same terms and conditions offered by or to a third party, any interest in the Property or any portion thereof being transferred by Site Owner for wireless communication purposes such as described in Section 1 above. Site Owner shall, prior to granting or transferring such interest, notify Unison with a copy of the offer including the price and terms thereof. The foregoing is a continuing right in favor of Unison and shall not be extinguished by Unison’s 5 exercise or non -exercise of such right on one or more occasions. Upon the grant or transfer of the Property, or any portion thereof, to a third party, Site Owner shall immediately notify Unison in writing of such grant or transfer, with the name and address of the purchaser. 14. Condemnation. In the event of any condemnation of the Easements in whole or in part, Unison shall be entitled to file claims against the condemning authority for, and to receive, the value of the portion of th e Property so taken on which the Easements are located, business dislocation expenses and any other award or compensation to which Unison may be legally entitled. Site Owner hereby assigns to Unison any such claims and agrees that any claims made by Site Owner will not reduce the claims made by Unison. 15. Covenant Running with the Land. The provisions of and covenants contained in this Agreement shall run with the land and shall bind and inure to the benefit of the Parties and their respective successors, h eirs and/or assigns as their interests may appear. 16. Dispute Resolution. (a) If Unison fails to perform any of its obligations under this Agreement, Site Owner agrees to notify Unison and any Secured Parties, provided Unison has given Site Owner notice and contact information of Secured Parties, in writing of any default by Unison, and to give Unison and/or any Secured Parties the right to cure any default within a period of not less than sixty (60) days from Unison’s receipt of the written default notice. If Unison or any Secured Parties shall fail to cure any default in accordance with this Section, Site Owner agrees that its only remedies for such default shall be specific performance or damages. Any and all damages for which Site Owner may be compensated is limited to the actual damages of Site Owner and Unison’s liability shall be limited to its interest in the Property. In the event that any dispute or claim arises that could impair the use or possession of the Facilities by Unison or its Customers, Unison shall have the right to seek injunctive relief, without the necessity of posting a bond. (b) Except as set forth in Section 16(a), in the event of any dispute arising out of this Agreement, the following dispute resolution process shall be followed: (i) upon a party’s written notice of dispute to the other party, an authorized representative of the Site Owner and Unison shall, through a good faith negotiation, attempt to settle a written resolution within thirty (30) days and (ii) if such negotia tion attempts fail, the parties must participate in non-binding mediation before either party may initiate litigation. The parties shall mutually select, in writing, a mediator with at least 5 years experience. The parties shall share the mediator’s fees equally. In the event the parties are unable to reach a mutually acceptable resolution of the Claim within 20 working days of the state of the mediation, unless extended or otherwise terminated by written mutual agreement of the parties, mediation shall terminate. Any settlement reached must be in writing and is subject to approval by the City Manager or City Council consistent with City laws and policies. If the dispute continues after exhausting all aforementioned measures, litigation may be initiated. The prevailing party, in any proceedings under this Section 16, shall be entitled to recover all costs incurred in connection therewith, including legal fees. 17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given one (1) business day after posting with a nationally recognized overnight courier service, or the earlier of receipt or ten (10) days after posting by registered or certified mail, return receipt requested, to the addresses of Site Owner and Unison set forth on the signature page. Either party may change its notice address by providing a new recipient name and address by notice as set forth in this paragraph. 18. Miscellaneous. (a) This Agreement and all Exhibits attached hereto constitute the entire agreement and understanding of Site Owner and Unison with respect to the subject matter of this Agreement, and supersedes all offers, negotiations and any other written or verbal agreements; (b) any amendments to this Agreement must be in writing and executed by both parties; (c) this Agreement is governed by the laws of the State in which the Property is located; (d) 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 in Fresno County, California; (e) if any term of this Agreement is found to be void or invalid, such provision shall be fully severable herefrom and such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect, and this Agreement shall be reformed and construed as if such invalid provision had never been contained herein, and if possible, such provisions shall be reformed to the maximum extent permitted under applicable la w to render same valid, operative and enforceable to reflect the intent of the Parties as expressed herein; (f) upon the request of Unison, Site Owner shall 6 execute a Memorandum of this Agreement and such plats or surveys as deemed reasonably necessary by Unison for recordation in the public records of the County in which the Property is located; (g) the paragraph headings of this Agreement have been inserted for convenience of reference only, and shall in no way modify or restrict the terms of this Agreement; (h) Site Owner acknowledges that Unison has not provided any legal or tax advice to Site Owner in connection with the execution of this instrument; and (i) this Agreement may be executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of which shall be deemed to be one and the same instrument. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. “UNISON”: T14 UNISON SITE MANAGEMENT LLC, a Delaware limited liability company By: James R. Holmes Title: Authorized Signatory Address: T14 Unison Site Management LLC P.O. Box 1951 Frederick, Maryland 21702-0951 Tel: (646) 452-5455 Fax: (301) 360-0635 “SITE OWNER”: CITY OF FRESNO, a California municipal corporation By: Bruce Rudd, City Manager By: Kerri Donis, Fire Chief ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy APPROVED AS TO FORM: City Attorney’s Office By: Brandon M. Collet Date Deputy City Attorney Address: City of Fresno Attention: ____________________ 2600 Fresno Street, 2nd Floor Fresno, California 93721 Tel: (559) _________________ Attachments: Exhibit A, Legal Description of Property Exhibit B-1, Communication Easement Exhibit B-2, Access and Utility Easements Exhibit C, Existing Agreements Exhibit D, Title Encumbrances 8 STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) On the ____ day of July in the year of 2014, before me, the undersigned, a Notary Public in and for said state, personally appeared James R. Holmes, Authorized Signatory of T14 Unison Site Management LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whos e name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the individual or the entity upon behalf of which the individual acted, execu ted the instrument. WITNESS my hand and official seal. Signature: My Commission Expires: Commission Number:__________________ State of California County of Fresno On July ____, 2014, before me _____________________, personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin g paragraph is true and correct. WITNESS my hand and official seal. Signature _________________________________ (Seal) 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY An interest in land, said interest being over a portion of the following described parent parcel: The land referred to herein below is situated in the City of Fresno, County of Fresno, State of California and is described as follows: The North 250 feet of the West 175 feet of Lot 87, of Perrin Colony No. 2, in the City of Fresno, County of Fresno, State of California, as per Map recorded in Book 4, Page 68 of Maps, in the Office of the County Recorder of said County. Tax Parcel No. 303-660-68T 10 EXHIBIT B-1 COMMUNICATION EASEMENT That portion of the Property on which any Facilities exist on the date of this Agreement, together with the portion of the Property leased by Site Owner under the Existing Agreements, and the portion of the Property described as follows: Commencing from the southeast corner of the Property and Point of Begi nning; thence North, along the eastern boundary of the Property, a distance of 55.00 feet; thence West, a distance of 20.00 feet; thence South, a distance of 20.00 feet; thence West, a distance of 40.00 feet; thence South, a distance of 35.00 feet to a point on the southern boundary of the Property; thence East, along the southern boundary of the Property, a distance of 60.00 feet to the Point of Beginning. Containing 2,500.00 square feet or 0.0574 acres, more or less. Site Owner herein agrees that this legal description may be substituted at a later date upon presentation of a survey of the property more clearly defining the location thereof. Agreed and Approved: Site Owner: City of Fresno By: _____________________________ Name: Bruce Rudd Title: City Manager Date: July ______, 2014 Unison: T14 Unison Site Management LLC By: ______________________________ Name: James R. Holmes Title: Authorized Signatory Date: July ______, 2014 11 EXHIBIT B-2 ACCESS AND UTILITY EASEMENTS That portion of the Property on which any Facilities exist on the date of this Agreement or provided by Site Owner under the Existing Agreements for access and utility providers, including the following: All rights of ingress and egress across the Property, m ore fully described on Exhibit A hereof, to and from the Communication Easement described in Exhibit B-1 hereof, providing access to a publicly dedicated roadway, including but not limited to N. Bond Street (hereinafter the “Access and Utility Easement”), along with the right to use said Access and Utility Easement for the development, repair, maintenance and removal of utilities providing service to the Communication Easement and the Facilities, as defined herein, and any related activities and uses. Site Owner herein agrees that this legal description may be substituted at a later date upon presentation of a survey of the property more clearly defining the location thereof. Agreed and Approved: Site Owner: City of Fresno By: _____________________________ Name: Bruce Rudd Title: City Manager Date: July ______, 2014 Unison: T14 Unison Site Management LLC By: ______________________________ Name: James R. Holmes Title: Authorized Signatory Date: July ______, 2014 12 EXHIBIT C EXISTING AGREEMENTS Site Owner assigns and transfers to Unison, as of the effective date herein, all of its right, title and interest in, to and under any existing lease agreements, and any amendments, transfers, modifications and/or assignments thereof, affecting an y portion of the Property leased by Site Owner under any Existing Agreements, including, without limitation, the following: That certain License Agreement dated April 21, 1993, by and between the City of Fresno, as lessor, and Contel Cellular of Californ ia, Inc., as lessee, as assigned by that certain Assignment and Assumption Agreement dated June 1, 2001, by and between Cellco Partnership (successor as sole member upon dissolution of GTE Wireless Holdings LLC, successor by merger to GTE Mobilnet of Central California Incorporated; successor by name change to Contel Cellular of California, Inc.), as assignor, and Fresno MSA Limited Partnership d/b/a Verizon Wireless, as assignee, as thereafter assigned by that certain Assignment and Assumption Agreement dated June 13, 2001, by and between Fresno MSA Limited Partnership d/b/a Verizon Wireless, as assignor, and Crown Castle GT Company LLC, as assignee, recorded on February 27, 2003 under Instrument No. 2003-0045715, as disclosed by that certain Agreement and Memorandum of License dated July 15, 2002, by and between The City of Fresno, as licensor, and Crown Castle GT Company LLC, as licensee, recorded on December 30, 2002 under Instrument No. 2002-0237094, all in Official Records of Fresno County, California, and as amended by that certain First Amendment to License Agreement dated April 15, 2010, by and between the City of Fresno, as lessor, and Crown Castle GT Company LLC, as lessee. Site Owner hereby authorizes Unison to replace this Exhibit C if information becomes available to more accurately describe the agreement(s) listed above, and upon delivery to Site Owner, such revised Exhibit C shall be deemed to be the final agreement between the Parties with respect to this Exhibit. Agreed and Approved: Site Owner: City of Fresno By: _____________________________ Name: Bruce Rudd Title: City Manager Date: July ______, 2014 Unison: T14 Unison Site Management LLC By: ______________________________ Name: James R. Holmes Title: Authorized Signator y Date: July ______, 2014 13 EXHIBIT D TITLE ENCUMBRANCES None City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-194 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JEFF CARDELL, Director Personnel Services Department] BY:KEN PHILLIPS, Labor Relations Manager Personnel Services Department] SUBJECT *Adopt a Side Letter of Agreement between the City of Fresno and Unit 10, represented by the International Association of Fire Fighters (IAFF), Local 753, Management Unit amending the Memorandum of Understanding (MOU) provision on payment of health care premiums RECOMMENDATION It is recommended that Council approve the attached Side Letter of Agreement between the City and Unit 10,Fire Management implementing an MOU provision which provides for a change in the City payment of health and welfare premiums. EXECUTIVE SUMMARY The MOU between the City and Fire Management contains a provision that allows renegotiation of the health and welfare benefit if a more favorable benefit is provided to another bargaining unit.On July 14,2014,Terms and Conditions were implemented for Unit 5,represented by IAFF Local 753, Fire Basic which contained a more favorable benefit. Approval of this Side Letter Agreement will change the monthly City contribution for health insurance from $800 to $813.The monthly contribution for employees will change from $284 to $271.Any future increases will be shared equally by the City and the employees with a cap of 30%of the monthly premium for the employees. BACKGROUND In 2013,the City paid 80%of the monthly health and welfare premium set by the City of Fresno Health and Welfare Trust for the majority of employees.The City contribution rate for new employees with a few bargaining units is 70% of the monthly premium. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-194 Agenda Date:7/31/2014 Agenda #: Through negotiations of successor MOUs,the City has been pursuing other cost sharing approaches for health and welfare premiums.In the current MOU,Fire Management agreed to a flat City contribution of $800 per month;however,the MOU included a provision indicating that if another bargaining unit negotiated a greater City contribution towards health benefits,the City and the Association will meet and confer with the goal of providing an equivalent benefit. Effective July 14,2014,Council implemented Terms and Conditions for Unit 5,Fire Basic,which included a City contribution of 75%of the health and welfare premiums with future increases to be shared equally with 50%paid by the City and 50%paid by the employee,up to a maximum payment of 30%of the health and welfare premium by the employee.If the employee payment reaches 30%, the City contribution would be 70%.Fire Management submitted a written request on July 9,2014 to implement the terms of the MOU.The parties have met and conferred and reached agreement.The attached Side Letter of Agreement makes the change in payment of health and welfare premiums for employees in Unit 10 effective August 1, 2014. The City Attorney’s Office has reviewed and approved as to form the attached proposed Side Letter of Agreement. ENVIRONMENTAL FINDINGS Not applicable. LOCAL PREFERENCE Not applicable. FISCAL IMPACT Approval of this Side Letter of Agreement results in an additional cost of $13 per member for eleven months in FY 2015, or approximately $1,859. Attachment:Side Letter of Agreement between the City and Fire Management 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#14-195 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JEFF CARDELL, Director Personnel Services Department BY:KEN PHILLIPS, Labor Relations Manager Personnel Services Department] SUBJECT *Adopt a Side Letter of Agreement between the City of Fresno and Unit 15, Airport Public Safety Supervisors (FAPSS), represented by Operating Engineers, Local No. 3 (OE3), regarding benefits for permanent part time employees RECOMMENDATION It is recommended that Council approve the Side Letter of Agreement between the City and FAPSS/OE3 that outlines the benefits for permanent part time employees in the Unit. EXECUTIVE SUMMARY The City and FAPSS/OE3 have been negotiating the terms of a successor Memorandum of Understanding (MOU)for an extended period of time.Until October 2013,permanent part time employees were not included in the Unit and benefits for such employees were not defined in the MOU.Presently there is one permanent part time employee in the Unit resulting in a need to define the benefits that are provided to such employees in the Unit. While the City and the Union continue to meet regarding a successor MOU,the parties reached a separate agreement regarding certain terms for permanent part time employees in the Unit.There is a need to have a separate agreement because,without such agreement,the permanent part time Unit employee is unable to obtain health and welfare benefits since the Health and Welfare Trust requires a written agreement to cover part time employees.Council is asked to approve the Side Letter Agreement to allow the employee to enroll in health benefits and to further define other benefits provided to permanent part time employees in the Unit effective August 11, 2014. BACKGROUND The City and FAPSS/OE3 have been in MOU negotiations for an extended period of time.As part of City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-195 Agenda Date:7/31/2014 Agenda #: The City and FAPSS/OE3 have been in MOU negotiations for an extended period of time.As part of the negotiations,proposals have been exchanged regarding permanent part time employees.The attached Side Letter Agreement sets forth the benefits that are to be provided to permanent part time employees in the Unit including the accumulation of leave time,health and welfare benefits,and participation in Social Security.In addition,it clarifies when a permanent part time Unit member will be eligible to participate in the City of Fresno Fire and Police Retirement System. The City Attorney’s Office has reviewed and approved as to form the proposed Side Letter Agreement.In addition,the language regarding the eligibility of a permanent part time Unit member to participate in the City of Fresno Fire and Police Retirement System has been approved by the Fire and Police Retirement System,which is consistent with the authority already adopted by Council in the Fresno Municipal Code. ENVIRONMENTAL FINDINGS Not applicable. LOCAL PREFERENCE Not applicable. FISCAL IMPACT There is no General Fund impact.The Airports contribution to the Health and Welfare Trust on behalf of the existing employee will be approximately $6,900 in FY 2015. Attachment:Side Letter of Agreement with FAPSS/OE3 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#14-229 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:MAYOR’S OFFICE SUBJECT Approve appointments of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton; the reappointment of Barbara Goodwin and Mike Rastegar to the Fresno Metropolitan Flood Control District; the appointment of Scott Miller to the Fresno Regional Workforce Investment Board; and the appointment of Lawrence Garcia to the Housing and Community Development Commission (HCDC) RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-229 Agenda Date:7/31/2014 Agenda #: [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment:[If more than one, pluralize] City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ TO: THROUGH: BY: x Name: Address: Home Phone: Business Phone: Appointed to: Term: Mnvon AsHreY SwnnnnNGIN NOTIFICATION OF' APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced:Timothy Lowe (re-categorized qs " regular " member) Karl Johnson Fresno Housing Authority @esident Member) Through 0110512016 City Council Agenda 07/3 1/2014 Crrv oF FRESNo This page intentionally left blank. APPLICÄTION FOR APPOINTMENT TO BOARD OR COMMISSION Resume or letters of recommendation may be attached. Appli Name: Home Address: Work Address: E-Mail: Educatio may be required to live within the Fresno City limits. I reside in Council -t- &yt t- Ç/, nn \ë) tttwm:#,,. District No. 7 hone: zip: zip ,447A/ urr Zrøontn"3Ð &,'lVt/f/ L,Cat- OccupationÆmployer: Background, Schools Attended, Degrees and Certi 3, Tr'{) L""++*'4-_/ fications: LLL=- ã/ For what Boa¡d or Commission are you applying? Briefly e><plain whv you are interested iLserving on this BoaLd(s) --=--:- (--\r / ¿úft*tte> L-"€t or Commission(s): 9È. S PersonaUProfessi onal- lt'ryn'l UX nur"¿,7'1' 14' Refetences. Provide name, address, and phone number where they may be reached during the day. ,/4 ' rtt ?i: {(- Do you or an immediate farnily member have any professþt'4{ or financial relationships that may present a potential conflict of interest for this board, commìssion or similar body? _ / lL() I declare under penalty ofperjury the above inform Return completed, signed application to the City Clerk's Office, 2600 Fresno Street, Room 2133, Fresno, CA9372l-3603 or FAX to (559) 488-1005. Your application will be kept on file fortwo years, please re-file after that time if you are still interested in serving. FOR OFFICE USE ONLY: Date referued to Mayot Date refeued 1o Councilmember This page intentionally left blank. TO: THROUGH: BY: x Name: Äddress: Home Phone: Business Phone: AppoÍnted to: Term: Mavon AsHrnv SwnnnsNcrN }IOTIFICATION OF APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reap p ointment (Re-cate go rizing existing'lesident" member ro ¿ "regular" board member position) New Appointment Name of person replaced: Cary Catalano Timothy D. Lowe Fresno Housing Authority Through 0413012016 City Council Agenda 07/3 1/2 0 I 4 Crrv oF FRESNo This page intentionally left blank. CITY OF FRESNO A p p, i c an,s m ay b e *i:::if ì;ïf"iåT ü','"" #ffi å"*fl,'.:",åÎfi ry:: :,i1, û c, N. I Nu,o", Timothy D. Lowe Hm. Phonel Wk. Phone: Home Address:j Work Address: .la,93705zip: zip:936s0)a, Occupation/Employer:Customer Service Rep/Richard Heath and Associates vo-lYl- Months, Educational Background, Schools Attended, Degrees and Certificariony Cenhal High School East, Edison High School, MCED Medical Caregr levelopment Institure, Fresno Ciry College. Professional and Communiry Affiliations: I serve at my church West Side Church of God under the pastorial leadership of Paul Binion. I also serve in my community assisting parents with praysr concems and tutoring the children. For rvhat Board or Commission are you applying?Fresno Housing Authoriry (City) Briefly explain rvhy you are interested in serving on this Board(s) or Commission(s): I am interested in serving on the board because as a tenant I feel that I will be a great asset to the team, I am also concerned about our low income families and will like to see the best for them. I love and have a heart to serve our city. Provide 3 Personal and Professional References. Provide name, address, and phone number rvhere they rnay be reached during the day. Pastor Paul Binion, Paulette Parker, Phil Skei,' I declare under penalty ofperjury the above Daßd. 03120/2012 Applicant: Renrrn completed, signed application to Clêrk's Offrce, 488-1005. Your application rvill be kept for trvo years. or Commission. FOR OFFICE USE ONLY: Date refer¡ed to Mayor Fresno Street, Room 2133, Fresno, CA 93721-3603 or FAX to 559- re-file after that time ifyou are still interested in serving on a Board Date referred to Councilmember This page intentionally left blank. 'IO: THROUGH: BY: x Name: Address: Home Phone: Business Phone: Appointed to: Term: Mnvon Asnrnv SwnnnnNGIN \'.OTIFICATION OF' APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: N/A Craig Scharton Housing Authority Through 0413012018 Cìty Council Agenda 07/3 1/20 I 4 Crrv oF FRESNo This page intentionally left blank. Kelli Furtado Subject:FW: APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION From : webmaster@ Fresno.gov fmailto :webmaster@Fresno.gov] Sent: Monday, August 09, 2010 3:12 pM To: Clerk Subject: APPLICAION FOR APPOINTMENT TO BOARD OR COMMISSTON Name: Craig Scharton Home Phone: : { Work Phone: Home Address: ,3701 V/ork Address: 2600 tr'resno Street Zip:93721 E-Mail Address : Crai g. Scharlon@fresno. gov Council District: 3 Occupation/Employer: City of Fresno Years: 1 Months: 7 Educational Background, schools Attended, Degrees and certifications : Southern New Hampshire University Master of Science Community Economic Development May 2010 California state University, Fresno - Politicial Science -no degree, January 2008 X'resno Cify College, A.S. Political Science, January 2008 Profes sional and Community Affiliations : Past President, California Main Street Alliance Mayor's Creative Economy Council Adjunct Professor, Urban Entrepreneurship, CSU Fresno Past President, Fresno Downtown Association For what Board or Commission are you applying? Housing Authority Briefly explain why you are interested in serving on this Board(s) or Commission(s): I am interested in alleviating the problems associated with the chronic proverty of our region. Do you or an immediate family member have any professional or fînancial relationship that may present a potential conflict of interest for this board, commission or similar body? No Provide 3 Personal and Professional References. Provide name, address, and phone number where they may be reached during the day. Tim Stearns, California state University Fresno Lyles Center, I X'resno, CA; Kurt $adden, X'resno Unified School District, Al Smith, Chamber of Commerce, .f This page intentionally left blank. TO: THROUGH: BY: X Name: Address: Home Phone: Cellular Phone: Appointed to: Term: Mnvon As Hrey SwnnnnNcrN NOTIFICATION OF APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: Barbara Goodwin Fresno Metropolitan Flood Control District Through 08/03/2018 Cìty Councíl Agenda 07/31/14 Crry oF FRESNo e This page intentionally teft blank. Application for Boards and Commissions Home Phone: Home Address: Work Address: E-Mail Address: Occupation/Employer: Page I of2 RECEIVEDCITY OF FRESNO ,","ï:,i:,:ti:l;;- ^ttorNr'ENr ro B.ARD oR co'Mrssroio oot t , ¡¡ 61 3 I rhone: Work Phone: 55Ç cell c o,¡ _ FRESH0 C A tdress: . CTTYS!5¡1|\' r ¡ru"" - Zip:99'120 Residence Council District Dishict 6 ffi Locate Years: ?Months: 6 Educational Background, Schools Attended, Degrees and Certifications: Please see attached biography Professional and Community AÍfiliations: Please see attached biography For what Board or Commission are you applying? Fresno Metropolitan Flood Control District Briefly explain why you are interested in serving on this Board(s) or Commission(s): My career was in the public arena, specifically as Executive Director for Fresno COG and providing for transportation infrastructure. ln retirement I would like to continue to contribute to the Fresno community, and the safeg of Fresno resident through proper maintenance and development of our Flood Control lnfrastructure, via partiipation as a Board member, is of interest to me. I believe my background working with Boprds, staff, legislators and federal and state goverment agencies would be of service to the District. Do you or an immediate family member have any professional or fìnancial relationship that may present a potential conflict of interest for this board, commission or similar body? I do not believe so. My husband is an architect, generally providing services to schools and other institutions. lt is the institution's responsibility to apply for permits through the district, not the architect. :':.:, __--'' -'':: Provide 3 Personal and Professional References. Prov¡de name, address, and phone numberwhere they may be reached during the day. Octavia Diener, Nathan Magsig, Al Smith, http://webapp.fr esno. gov/CityClerk/B oardslDefault. aspx 111r7t2010 This page intentionally left blank. Eanbara Goodwin Resident, City of Fresno Education: BachelorofArts-Journalism/publ¡cRelations Cum Laude Graduate of California State University, Fresno, California Professional Background Highlights: ¡ Retired from fulltime employment May, 2008 ¡ 2008-2009 - Part-Time Consultant to San Joaquin Valley Regional Policy Council/eight Valley Councils of Governments (to aid formal development of newly established coalition) ¡ t994-2O08 - Executive Director of Council of Fresno County Governments. Employed by agency in 1973, holding increasingly responsible positions throughout the years. o 2OO7-2008 - Appointed by Governor Schwarzenegger to California Partnership for the San Joaquin Valley r 2006-2007 - National Association of Regional Councill Strategic Planning Committee (one of four Executive Directors serving with four elected official Board members) o 2003-2006 - National Association of Regional Councils' Executive D¡rector Committee as one of two California representatives - included participation at national level on transportation and envíronmental subcommittees o 2000-2001 - Chair of the San Joaquin Valley COG Directors Association¡ L998-1999 - Chair of the COG Directors Association of California o L994 - Chair for California's Regional Transportation Planning Agencies, representing group monthly before the California Transportation Commission o Served on numerous statewide committees over career, such as o Senator Kopp's Task Force on State Transportation lmprovement program Reform o Federal Transportation Bíll Reauthorization/California Consensus Principles o Advisory panel to set transportation planning curriculum for University of California campuses r Often asked by state agencíes or legislators to represent the Valley on transportat¡on issues. Career Milestones (partial list): c 2007 Excellence in Public Seruîce Aword from the Fresno Business Councilo 2006 Meosure C Renewøl- 20 year Half-Cent Sales Tax Transportation Ballot lssue requiring 2/3 majority ==--e--:79StMeasareÈEnactment:70-yearHalÊeentsales-Tax-Transportation-Ballot-*----- lssue c Fresno COG "One Voìce" - advocacy effort at federal and state level, began in 2003 after I introduced it to the Fresno COG for consideration. o Vdlley and Fresno COG Blueprìnt Planning - community vision for 2050 future nl rf linino trîhcn^r+ât¡nn lrnd I lco hn¡ rcino rnd nihar noadc . Formdtíon of San Joaquin Valley Regiona! Polícy Councíl - develop and maintain unífied Valley approach to issues within their joint jurisdictionalauthority. o Freewdys 47, 768, 780 and other projects, lncludlng Some Interest Free State Advonces for Freewoy Projects - COG responsible for submissions of tra nsportation p rojects fo r state/fed e ra I f u nd ing. N egotiated th ree interest-f re e advance state loans totaling S131.1 million providing acceleration of construction, and savings in cost escalation. c Other Notables; State Route 99 (Valley) Business Plan; FreewayService Patrol; Abandoned Vehicle Abatement Program; Eight-County San Joaquin Valley Goods Movement Action Plan; lnitiated the Public Transportation lnfrastructure Study Other Commu nity I nvolvement: r 2009 - Current: Board of Directors, Boys & Gírls Clubs of Fresno Countyc Former Rotary Club of Fresno member o Former Board member, Girl Scouts, Golden Valley Council Chapter Contact lnformation: Barbara Goodwin Fresno, CA 93720 Cell: Home: Email: TO: THROUGH: BY: x Name: Address: Home Phone: Business Phone: Appointed to: Term: Mavon AsHrnv SwnRnnNGIN NOTIFICATIOI\ OF APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: Mike Rastegar 3619 Fresno Metropolitan Flood Control District Through 0810312014 City Council Agenda 07/31/14 Crrv oF FRESNo This page intentionally left blank. JUr, 13,2005 12:30PM N0 Bt99 P. CITYOFFRESNO APPLICATION TOR APFOINTMENT TO BOARD OR COMMISSION Resumc ot lOttrs of recourme¡{¿tion ¡¡sy be onachod nay bc rtquired to live wittrin the Fresno City liËits. I residc in Council Disnict No. MIKE RASTECAR HrD. Phonê: . Wk Pho¡er Addrese:--NIÂ DOT PROG PROJ MGMT Addrc¡s: - 100 Zio; 93619 zìp; !1126 *_. yn_l!_Monrrhs_¿_ Background, Sc,hools AttÉüdÊd, Degrces and C.fftificadonç E.S, CSLIFRESNO" PB LfCBNSE NO. ç42825 ANd COTnrnuity.AfHIi¡TiONfi PAST PRESIÞENT AND MEMBER OF PROFESSIONAL EI.ICINEBRS IN wb¡t Boa¡d m Cormrisfliol åtË you opplyìrg?FRBSNO METROPOLITAI{ ELOOÞ CONTROL DI$TRICT crçIain why ¡nu rrc ¡ûcrçÊtÊd in serving olr thi¡ Boüd(s) or Commisdon(e): Il&tlLÞ.LI.lÉE TO SER\¡E THE _ . 3 Pcrao¡lal nnd P¡ofessional RcfËrÊilccs, F¡avide nrme. addr€86, and phonc numborwlrcrc thcy nay beæeched du¡ing the d¡y. ASEN,Í I_GRAITVTLLE HOMES. under penalty ofp"dury tre abovc i¡rformation is tue sod aoffect 7|ßns *rrr*r, complrtd lþcdqplicotionto ú¡e City ClErlCs Officc,2600Fresffi SfrÉqRôoún2l33,Frssno, CÂ 93721-3601otFÁXb 5j9- Yourapplicaionwill bcke,ptonfilefortwoyean. Plca*ct+filesûc¡ürsttimeifyouuestiltideæahdinæwùrgon¡Bm¡d OFFICE USE ONLY: DaÞ refÊrrêd !o Mayoi Date referrsd to Councilrra¡bm This page intentionally left blank. TO: THROUGH: BY: Name: Address: Home Phone: Appointed to: Term: Mnvon Asrlrny SwnnnnNcrN NOTIFICATION OF APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: Justin Surratt Scott Miller (Business Representative Category) Fresno Regional Workforce Investment Board Through lllll20l5 City Councíl Agenda 07/31/2014 CIry oF FRESNo ¿8 This page intentionally left btank. Cindv Bruer From: Sent: To: Subject: Clerk Tuesday, February 09, 2010 B:24 AM Cindy Bruer ?ûl0ftB -9 plJ ?¡ rr7 FW: APPLlcArloN FoR AppoINrMENr ro gmRBLqRRg$Hglñ?i From : webmaster@Fresno.gov [mailto :webmaster@Fresno, gov] Sent: Monday, February 08, 2010 5:35 pM To: Clerk subject: APPLICATON FoR APPOINTMENT To BOARD oR coMMISSToN Name: Scott Miller Home Phone: Home Address: , V/ork Address: Work Phone: )a Zip:93728 esno Ca Zip:93704 E-Mail Address: millerclark@msn.com Council District: 1 occupationÆmployer: owner, Gazebo Gardens Nursery years: 9 Months: 0 Educational B ackground, s cho ols Attended, De grees and certifi cations : BA Environmental studies, UC Santa Cruz MBA CSU X'resno C-27 Contractor Graduate, San Joaquìn Political Academy Professional and Community Affiliations : Board Member, X'resno Chamber Board Member, Tree X'resno Former Board President, Tower District Marketing Assoc Member, Council District 1 implementation committee For what Board or Commission are you applying? WIB Briefly explain why you are interested in serving on this Board(s) or Commission(s): I am interested in the work of the WIB and believe my background and community involvement willbenefit the organization. Do you or an immediate family member have any professional or financial relationship that may present apotential conflict of interest for this board, commission or similar body? our business participates in programs related to the wrB (ARBOR, g0/20, etc.) Provide 3 Personal and Professional References. ovide name, address, and phone number where they may be reached during the day. Al Smith, CEO Fresno Chamber, C,of¿Å-e-u Ìfu : Karen Maroot, Executive Director Tree X'resn o y/ û,,I.+aA , / - - , Peter Robertson, Director of Annual Giving CSU X'resno ' ---l' -a' t'Øl* , K*u XêM-/ê This page intentionally left blank. F nrsn o Rrglo runl ülon*poncr I ¡v Vesrm ENT':EoA RB Appu cnrt o N' :Fjo R AP Fo I mtru Elr¡î DATE Appuenur lru_ronry¡nnoru l,rAM¡,4(,.fT '.1Y..lr-.rÆ- srwrjts * z,r rl? ?'ß .,FHoNç; DEulnr,Ruuntsr;' 0 3 -.couNfi supËBvrsohrAf.DlsTFlc¡ filÜrvrs¡n ron REstl HOTVI.EADDSE$si Gnv €ouuçt ÞrsrRrcr gunar¡n, ron R¡sFtrrttrlr Aoonçss (¡r 4mqclsuJ, i) , f . , ry" u4$ ^JeåI, rq€*?ãp! fJ7.çLLÉ','oNEqBuslNËss ADDf,ESS! T¡rre¡, ,4-ê,C)... ,.,. ,,, erranrr: éçsflr]f .€,,,' GouNfl supmvtsontÀt.Drsrnlct Nurvtsrn EoR BustuEss/lDoorol. D'5 Gna GourucrL:DrsïRtcï NUMBEE Foh BuSl¡lsss Apqltç (¡e annuc*rrr¡, D I Horv rotrq;HAy¡vou'BEEN EMprÈfED,ülrÍ'iE Àuourl, lEyuar(s¡ -'tolrth(sl PO$ITION.FOR WHÍCH YOÜ ARE APPIYING '¿Z , e O¿¡'l Eusiness Representative (must þe,owngf,,cEo, qoo or othet:executive with pollcv-rnakins or hiring AuÌhority of a,busine-s¡-tllat r.eflettsernployment opÞortunlties in Frtesno C9uþty). Attach nomination |eËterÍrom tacal' niaøtíon or tíon, ffitanseelting bythe,City"Å I amseeking by the Cou Fiease describe your:psllc-y,-makine or hiring Éuthor¡tìl: 9ru tv ak [l Either. Houl mahy worlrerp dö-es voul çomÞánvloiganlza,tíon eniBlolr? FRWi ll J P,4,,4¡rpl ic;rtìon fù,AppólnnrìeD! l¡a6,8 'r of ,4 i'ltrSJUN10 n tr n Economi:c Development Àgêncy Repre5entatiye, indudlng.representatlves frclm fharqiberi: of commerce; Econoryìic Sevelqpmant Agency¡ Bi¡siness -Counc-!13, etc; tsbor Representative. Attøcå nominotlon lenq¡Írom'locat,.labottederüt¡an. local Educationql Entity ffeprretentativé, includlng rêpr€$entätivês of loealeducaliön agencies, sçhool þqarcls, pogt serondary educaiionai institutions, entìties providlng adult educatìon,and literacy,,actMtÍes. Attoih nominalionfrom,reüiona!or'loçqleducation qÐenv or instltutiøn. One stop. PaftneL, Ãttqch¡øfrltíaldæumeh.tation,thatyotJ Qie d dlrect,grolntrecîþieitl af ane or mo,re of the lunds reterenæd,in,Attuchment' Ai, ultsj Dislq0ated,Workers, Youth; lob Cor:ps> Yo¡¡th Ðpportu:nity Grqnt$/ ant and: Season a I Fa rm Wo rke r progra ms¡ T/etera ns' Wo rJ<forte pfografis. WIA noniütfe If ,undediproprarnqi Wägner'"Fw$cf Actêuthorl¿ed qndefTltte !!i'o.tW'H(Emp!,ovment D,evelppment:Departrnent Job Serüicês), Adult Educa,tion and titet acy ë¡ctivities:aulhsríee*under Title ll WlA,,Vocational Reh-Èbilitat¡on proBrains:authorized undei Títle:lV ofrwlA, Welfare rograms, Senio¡. community Service Employmq¡1 flct¡v¡ties under Title V of the O-lder Amqrlc sJ Éecondary Vocatlönal Education (Carl Þ. Ferkins)'activlties, Trade Adjustment Assistance¡and NAfTA TransitionalAdjgstmqntAssistancë,activitleg Local veteia-ns' employment,rê:þrésentatíves and disabled \rå-têfâns;out¡g¡sþ:proB.tams, EmploymênÎênd !r'alning actfvities carried oqt undg[ th€ communfly Servlces ElockGrant¡ EmploymenÈand tr:ainíng:activitíeucarr:ied outbythe Eepartmentof Housing and Urban Develop.ment; Progl:ams authsrized uhdêr Státe UnerhployrnentCotîpefisâ'tlon La{¡¡s.,GälWORl$ (W,elfq re"to.Work programs:administered bv6ounty Wefare Depqf!me¡ts, - DRÐF DOvtÍN'ME-NUO;F ALLWPES,AF ËUA/ð/Â/Ë Apprl enrqrBACKcRoEñ D lncludînÉ:schools,âttÞnded, degfoesettained and' ter,tlflcatlqhsachleued; -eúLlvrRn c FEÞS^lı Llst past ur pr:esent Ciffand/or Gounty:äppslnttnents" elôcted poeÌtions held as.well,as,öthet profgssional,antl'cqrninunity äff¡l¡åtiot!.r--, .,'l-ol Z-' lythtU', tre¿à:ffi Fk-sfac- , f fl)f ', 1t?&, FR'\^f ¡f* JPA Apirtincrtiorr for Aljp()irrrrnß)nt: !c <4^J Jo&t¿t,-¡ f(Lg.5"vo P+g^Jc) þ, (ú-t Þ<&DcpLy , ¡f^v uk ltJLt) eFf¿è> ¡'t> D r U^e Wy äg.*Fiot{b tlaÉ;e ? c:J 4 v1.15JtJN:tCI iìg fl.g+J $44.4 .YÞ € ,+4: ¡J¡-.¡Ê Whàt experlence orspecial knowledge cän you bring to the Fresnu EeglqnalW*o-rkfuræ lnVgrtÍnentapflièãbn. S,r¡âÇu i3çs ¿¡ès'=s .€Kfe¡si ve AJê+rw ( ¿(4qÈg+- e l¡ïst'any affillìt'lons yau or* your spouse has with ,any public llst.any afflliatlons,you ot your spouse, har wlth any otganlzatlon* receivlngfunding'from thé Fresnû Regìonal t¡tforkfofee'lnvÈstrnerit Boärd /,Fresho Ar€â lMorktorçe lnvèstlfient corpoÌaf¡on. agencles: Ðt Do you or nn irnm.ediate'famílyrnember hãvê any profepsl,onal orfinançial ref prçsênt.a potentiakonfl¡ctojiin-terestforth.lsboard? ffiÞ,to fl V*¡ ln) Duyou, or the otganlzailon tÞu re,prcsÞnti lntend,to applv fôr funds admitijstered:,bV the-tlesno Beeioñaf T¡t qrlcf'oË(É Inuestment Boar,d / Frpsno Ar¿e Workfsrce fnvestment,Corforatlon? Ml Ho l-l v*t Please provide lhree (-3i)personal or professionâl:leferencee {include nama, addlese and tele-phone nuniher),, Retercnce #1 ËRWIB JPA Ap{i¡icat¡on fol- Appoint0lÉfnt" F¿rS$ a ûf 4 vl:SJUN,J0 Reference fÍl ¿Lrlw trJtEl¿*nJ Clc äeZ ( - I iavB !'ead the Ëi'es¡a csußty ggard.cTsuÞËrvis.olÈAdniihistr.ätivê poliËy Nó. 35lAttachmgnt E); the city.dJ:Fre$no Confliqt óf lnteresïPslìcy (Attechment Cj and the Fresno Regional Workforcu lnvestment Boarcl Gonflict of lnterest Pollcy j[Attachment D) for Board eppoint€es änd:]agree to ,abidê ,br¡ the'policies ghd pr'oceduies at all:times while an appointed membeii of thq Fresno Rpgional Vllo¡kforce lnyêstmqht Boqfd. Atptêsent, to tþe: bêô! oÍ rny klitwledgË, no conflïCt:oJ interest exl$ts in,¿rny servihg oa thls Boalit. Slgnâture :prËAsE ßEiltrN coM|ÈErÞÞ Appi;tüAfroN To;. Fresno Reglonol Workfotce lnvesfment Bosrd. 2125 Ke¡a StîeeN,#208 F(e$no, ÇA 93.72L '5s9.Aea,v'xaÙ PaHs 4.of 4F-RWI B .l llA Applicdtiqn fôr AÊprìini:mènl; vt :lliJUNt0 TO: THROUGH: BY: Name: Address: Ifome Phone: Business Phone: Appointed to: Term: Mnvon Asnrnv SwnannNcrN ISOTIFICATION OF' APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: Daniel Payne Lawrence Garcia Housing and Community Development Commission (HCDC) Through 0613012018 City Council Agendø 07/3 1/2 0 I 4 Crrv oF FRESNo This page intentionally left blank. CTTY OF FRESNC) ,:,1.1 ,':r., i.., i_;i APPLICATION ÏIOR APPOIN,IMEN.f 1.O BOARD OTì COIVÍ MISSION Resrtme or letters of recommer¡dation may be attachecl; ' i)l .j:' i. :t'ìi' z\pplicants uay be lequired to live rvithin the Fresno Cit-v Iinrits. I resicle in Colncil Disilict \¿1¡1s; L"i'rfer¿e Ê. G¡rcr*I-lnl. l)hone Wk. Plrorlc: Llclme Address: Wolk Address: Zilt r.t I ¿¿ Z)¡>: gs-r4?._.-.- i. .:rrl :1:: 'l a' . Nc¡. 2 Occupation/Ðrnployer: Yrs lf ùlonths I F)clucational Btrckgrouncl, Schools ¡\ttcndcd, Degrees and Clertificatiq¡ls' CÕt¡?baf Vëferan U.S' Navy - Hotarable tlisctzarge lt993l I gSlS Private Patrot Aperalar Licer¡see Írainhg (2û0f ) | Frësna f:i{y Ccllege - Feae e Officers Standa¡cl & Trainin9 eöîT) {1999,-æA!), I Fresno Cgutrty Paranedic Training l¡Jsfifufê (1993-1994) | Anerican Ambuîence Paratnedic & DisFafcft Training (1955) 1 EMT Trainìng Acaderny at Oak Knotl Naval llospital {1992-1993) | A/anreda City CaUege (1991-1992} I U"S. Navv C/ass A Fi¡e Fishtins Academv llC$g-195Ð) Prufessional and Commrmify Âffiliation \'. Ptesîdên{CEÖ af Aneri0_u3yS?ï{,fyst*!T,u:! lacatly-owned nation-wirJe security *onrpany I For¡¡;er Sccrefa ry, Treasurcr and Viçe-Presîdenl af the Cêntral e a[ífamîa Híspanic Chafirber ûf Cûrn&ere | &fen¡ber af the çreater Fresno A¡"e¡¡ tdusftíaÌ Secsnty(ASl3tnternatî*nai)|Qualífiettivla*ag--rwiftr thegrlteãu of Secr:rifyB, lnvesfigírtivê Seruicss v¡il.h'th"- StateoltatríÈo¡r¡ia Fol rvlrat Boald or Comrnission al'e you applying? - f,i¡yôf ËresnoPtatlni{îg fo¡¡nrjssío¡¡ rv*s * Ôepufy Si;erjf fsr fhe Çou:rfy of Ëres¡¡o ¡¡:d fie $ras heav¡ly itsvt¡lved in tanmunity ¡tragra*s; al! ny fantily lives fiere a¡rd has nrade a - Ray Vasquez (Flanning üo,fi/rlíssiü*e4) | 26Ðt Fresna Slreef, Cot-l¡.¡ç¡7 than¡ber. F¡csno" CA 93721-36û3 | ! . Jt¡an Ãra¡uhula {Ëef#eri Calíforttia S{afe Asse¡}¡bil/î/ßn) |c, Frcs¡7ç, CA9:¿7t4 1 - Jchn Hernandez {Ðxscuti,re Ðìrecbr af ee HCÇ) | 1 Fresnc, ÇA 93722 I declare uncler penalty ol'perjury the above irrlolrrration is true and çorrect '] our"rtrT-I" ê Applicant: lìeturn completed, signed applicatlon to the Cit;' Clerk's OffÌce,2600 Flesno Street, lìoom 2133. Fresno. CA9]721-3ó03 oi FÂX to 559- .rr Cornnrission. FOR OFFICU, IJSE ONLY: Date relcrrecl to Mayor Date retèrled to Councilmemlrer This page intentionally left blank. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-172 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division BY:LAL GOONAWARDENA, PE, Design Services Manager Public Works Department, Capital Management Division SUBJECT Actions pertaining to the N.Willow Avenue widening project,0.25 miles south of Nees Avenue to Shepherd Avenue - Bid File 3332 (Council District 6) 1.*RESOLUTION -5th amendment to the Annual Appropriation Resolution No.2014-95 to appropriate $3,334,100 for construction costs on the Willow Avenue widening between Nees and Shepherd capital project in FY 2015 (Requires 5 affirmative votes) 2.Award a Construction Contract to Avison Construction Inc.,of Madera,California in the amount of $2,199,899 for the N.Willow Avenue widening project,0.25 miles south of Nees Avenue to Shepherd Avenue and to authorize the Public Works Director,or his designee,to execute the standard contract on behalf of the City RECOMMENDATION Staff recommends that the City Council adopt the 5th amendment to the Annual Appropriation Resolution No.2014-95 and award a Construction Contract to Avison Construction Inc.,of Madera, California in the amount of $2,199,899 for the N.Willow Avenue widening project,0.25 Miles South of Nees Avenue to Shepherd Avenue. EXECUTIVE SUMMARY The Willow Avenue widening project will improve traffic flow along Willow Avenue and Nees Avenue.Under the proposed project, southbound Willow Avenue will be widened to its ultimate width of three southbound lanes with necessary streetlights and median island landscaping. Nees Avenue will be widened to eliminate the current traffic bottleneck west of Willow Avenue. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-172 Agenda Date:7/31/2014 Agenda #: BACKGROUND The proposed project includes the widening of southbound Willow Avenue to three southbound lanes from Shepherd Avenue to 0.25 miles south of Nees Avenue and the widening of eastbound Nees Avenue to two eastbound travel lanes approaching Willow Avenue.The scope of the project includes widening of portions of Willow and Nees Avenues,the installation of new streetlights, modification of traffic signals at Nees and Willow,installation of new concrete curb and gutter, sidewalk,driveway approaches,median island landscaping,relocation of Fresno Irrigation District (FID)pipe line,and completion of the pedestrian trail along the west side of Willow Avenue.This project will improve circulation, safety and access at the intersection of Willow and Nees Avenues. Public Works staff prepared the construction documents for the project and a Notice Inviting Bids was published in the Business Journal on April 25,2014,and posted on the City’s website and faxed to ten (10)building exchanges.The specifications were distributed to fifteen (15)prospective bidders.Eight (8)sealed bid proposals were received and opened on June 17,2014 in a public bid opening.Bids ranged from $2,199,899 to 2,672,916.The bid submitted by Avison Construction, Inc.,of Madera,California in the amount of $2,199,899 was determined to be the lowest responsive and responsible bidder for the project.The bids will expire in 64 days from of the bid opening date on August 20, 2014. ENVIRONMENTAL FINDINGS The City Council adopted the Environmental Finding of Categorical Exemption per CEQA guidelines for this project on February 9, 2012 during the right of way acquisition phase of this project. LOCAL PREFERENCE The local preference was not implemented based on conditions of the Federal Regional Surface Transportation Program grant. FISCAL IMPACT The project is located in Council District 6.The overall cost of the project is $4,741,100 and is funded by a $2,705,170 grant from the Federal Regional Surface Transportation Program, $1,278,200 in Regional Measure C Tier 1 funds,$96,492 of Measure C Bike and Trail funds,and $661,238 in Developer fees. The project will not have any impact to the General Fund. Of the total overall costs of the project, $2,419,900 will be used for the construction contract award. Attachments: - 5th Amendment to Annual Appropriation Resolution - Bid Evaluation/ Fiscal Impact Statement - Vicinity Map City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ Willow Avenue widening from 0.25 miles S/O Nees Avenue to Shepherd Avenue City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-173 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division LAL GOONAWARDENA, PE, Design Services Manager Public Works Department, Capital Management Division BY:JOHN STANBOULIAN, Project Manager Public Works Department, Traffic and Engineering Division SUBJECT Actions pertaining to the McKinley Avenue Traffic Synchronization Project from Highway 99 to Clovis Avenue rebid - Bid File 3338 (Council Districts 1, 3, 4 and 7) 1.Adopt finding of a Categorical Exemption per staff determination,pursuant to Section 15301(c) of the CEQA Guidelines,for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue 2.Award a Construction Contract to Crosstown Electrical &Data,Inc.of Irwindale,California in the amount of $833,370 for the base bid all add alternates for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue rebid RECOMMENDATIONS Staff recommends Council adopt a finding of a Categorical Exemption pursuant to Section 15301(c) of CEQA Guidelines and award a Construction Contract to Crosstown Electrical &Data,Inc.of Irwindale,California in the amount of $833,370 for the McKinley Avenue traffic signals synchronization project from Highway 99 to Clovis Avenue. EXECUTIVE SUMMARY The McKinley Avenue traffic signals synchronization project will install a wireless communication system to interconnect the new traffic signal controllers along McKinley Avenue and synchronize the corridor.This project will result in an efficient responsive coordinated system,improving safety, operations,energy conservation and effective capacity of the McKinley Avenue corridor,while City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-173 Agenda Date:7/31/2014 Agenda #: operations,energy conservation and effective capacity of the McKinley Avenue corridor,while reducing emissions and improving overall quality of life. BACKGROUND McKinley Avenue Intelligent Transportation Systems (ITS)project was initially bid on November 8, 2013,and bids were opened on December 10,2013;two bids were received and opened at a public bid opening.After the bid opening,it was determined that the contractor qualification requirements were incorrectly included in the bid documents material specifications without a corresponding requirement on Bidder’s checklist.Council rejected the bids per staff request and directed staff to rebid the project. Public Works Department staff prepared general construction documents for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue rebid. The Notice Inviting Bids was published in the Business Journal on March 26,2014,and posted on the City’s website and faxed to ten (10)building exchanges.The specifications were distributed to eleven (11)prospective bidders.Two (2)sealed bid proposals were received and opened in a public bid opening on April 29,2014.Crosstown Electrical &Data,Inc.of Irwindale,California submitted a bid in the amount of $740,600 for the base bid,$26,000 for the add alternate 1 and $66,770 for add alternate 2.Kertel Communications dba Sebastian submitted a bid in the amount of $798,250 for the base bid,$26,008 for the add alternate 1 and $56,576 for add alternate 2.Crosstown Electrical &Data,Inc.of Irwindale,California was determined to be the lowest responsive and responsible bidder for the project. A bid appeal was received by Kertel Communications dba Sebastian.An appeal hearing was scheduled for June 11,2014 in accordance with Resolution 2003-129 which establishes procedures for appeals in the competitive bidding process. The Independent Administrative Hearing Officer recommended to the City Manager that the City Council uphold the staff determination that designated Crosstown Electrical and Data,Inc.as the lowest responsive and responsible bidder in his Findings and Recommendations letter dated June 19,2014,attached hereto.The Public Works Department is requesting the City Council approval of the construction contract with Crosstown Electrical &Data,Inc.following the City Manager’s concurrence with the Independent Administrative Hearing Officer’s recommendation.The bids will expire on August 21, 2014. Staff is recommending award of a construction contract to Crosstown Electrical &Data,Inc.of Irwindale,California in the amount of $833,370 for the base bid and add alternates 1 and 2 for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue rebid as lowest responsive responsible bidder and to authorize the Public Works Director or his designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(existing facilities)which exempts projects involving a negligible or no expansion of an existing facility.This exemption applies because this project involves improving efficiency of an existing roadway throughCity of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-173 Agenda Date:7/31/2014 Agenda #: exemption applies because this project involves improving efficiency of an existing roadway through coordinating the operation of existing traffic signals to reduce congestion without expansion of the roadway.The relatively small transmitters will be mounted on existing signal mast arms;wiring is run in existing conduit and signal cabinets;and existing cabinets will be replaced without expanding the current space.Staff determined under the CEQA Guidelines this project fits within the definition of existing facilities in Section15301(c)Class 1,as Categorically Exempt from further CEQA review. Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE The local preference was not implemented based on conditions of the Federal Congestion Mitigation Air Quality (CMAQ) grant. FISCAL IMPACT The project is located in Council Districts 1,3,4 and 7.The overall cost of the project is $1,119,000 and is funded by $1,031,600 Congestion Mitigation Air Quality (CMAQ)Regional Bid funds and $87,400 Proposition 111 Gas Tax funds.The project will not have any impact to the General Fund. Of the overall cost of the project, $833,370 will be used for the construct contract award. Attachments: Bid Evaluation/Fiscal Impact Statement Vicinity Map Findings and Recommendation Letter 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#14-178 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division LAL GOONAWARDENA, PE, Design Services Manager Public Works Department, Capital Management Division BY:JOHN STANBOULIAN, Project Manager Public Works Department, Traffic and Engineering Division SUBJECT Actions pertaining to the Bullard Avenue Traffic Synchronization Project from Marks Avenue to Willow Avenue rebid - Bid File 3320 (Council Districts 2, 4, 6 and Fresno County) 1.Adopt finding of a Categorical Exemption per staff determination,pursuant to Section 15301(c) of the CEQA Guidelines,for the Bullard Avenue Wireless ITS Project from Marks Avenue to Willow Avenue 2.Award a Construction Contract to Crosstown Electrical &Data,Inc.of Irwindale,California in the amount of $755,808 for the base bid and add alternate 1 for the Bullard Avenue Wireless ITS Project from Marks Avenue to Willow Avenue rebid RECOMMENDATIONS Staff recommends Council adopt a finding of a Categorical Exemption pursuant to Section 15301(c) of CEQA Guidelines and award a Construction Contract to Crosstown Electrical &Data,Inc.of Irwindale,California in the amount of $755,808 for the Bullard Avenue traffic signals synchronization project from Marks Avenue to Willow Avenue. EXECUTIVE SUMMARY The Bullard Avenue traffic signals synchronization project will install a wireless communication system to interconnect the new traffic signal controllers along Bullard Avenue and synchronize the corridor.This project will result in an efficient responsive coordinated system,improving safety, operations,energy conservation and effective capacity of the Bullard Avenue corridor,while reducing City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-178 Agenda Date:7/31/2014 Agenda #: operations,energy conservation and effective capacity of the Bullard Avenue corridor,while reducing emissions and improving overall quality of life. BACKGROUND Bullard Avenue Intelligent Transportation System (ITS)project was initially bid on November 8,2013, and bids were opened on December 10,2013;two bids were received and opened at a public bid opening.After the bid opening,it was determined that the contractor qualification requirements were incorrectly included in the bid documents material specifications without a corresponding requirement on Bidder’s checklist.Council rejected the bids per staff request and directed staff to rebid the project. Public Works Department staff prepared general construction documents for the Bullard Avenue Wireless ITS Project from Marks Avenue to Willow Avenue rebid. The Notice Inviting Bids was published in the Business Journal on March 26,2014,and posted on the City’s website and faxed to ten (10)building exchanges.The specifications were distributed to eleven (11)prospective bidders.Two (2)sealed bid proposals were received and opened in a public bid opening on April 29,2014.Crosstown Electrical &Data,Inc.of Irwindale,California submitted a bid in the amount of $569,465 for the base bid and $186,343 for the add alternate 1.Kertel Communications dba Sebastian submitted a bid in the amount of $618,244.76 for the base bid and $138,406.80 for the add alternate 1.Crosstown Electrical &Data,Inc.of Irwindale,California was determined to be the lowest responsive and responsible bidder for the project. A bid appeal was received by Kertel Communications dba Sebastian.An appeal hearing was scheduled for June 11,2014 in accordance with Resolution 2003-129 which establishes procedures for appeals in the competitive bidding process. The Independent Administrative Hearing Officer recommended to the City Manager that the City Council uphold the staff determination that designated Crosstown Electrical and Data,Inc.as the lowest responsive and responsible bidder in his Findings and Recommendations letter dated June 19,2014,attached hereto.The Public Works Department is requesting the City Council approval of the construction contract with Crosstown Electrical &Data,Inc.following the City Manager’s concurrence with the Independent Administrative Hearing Officer’s recommendation.The bids will expire on August 21, 2014. Staff is recommending award of a construction contract to Crosstown Electrical &Data,Inc.of Irwindale,California in the amount of $755,808 for the base bid and add alternate 1 for the Bullard Avenue Wireless ITS Project from Marks Avenue to Willow Avenue rebid as lowest responsive responsible bidder and to authorize the Public Works Director or his designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(existing facilities)which exempts projects involving a negligible or no expansion of an existing facility.This exemption applies because this project involves improving efficiency of an existing roadway through coordinating the operation of existing traffic signals to reduce congestion without expansion of theCity of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-178 Agenda Date:7/31/2014 Agenda #: coordinating the operation of existing traffic signals to reduce congestion without expansion of the roadway.The relatively small transmitters will be mounted on existing signal mast arms;wiring is run in existing conduit and signal cabinets;and existing cabinets will be replaced without expanding the current space.Staff determined under the CEQA Guidelines this project fits within the definition of existing facilities in Section 15301(c)Class 1,as Categorically Exempt from further CEQA review. Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE The local preference was not implemented based on conditions of the Federal Congestion Mitigation Air Quality (CMAQ) grant. FISCAL IMPACT The project is located in Council Districts 2,4,6 and Fresno County.The overall cost of the project is $1,021,600 and is funded by $935,900 Congestion Mitigation Air Quality (CMAQ)Regional Bid funds and $85,700 Proposition 111 Gas Tax funds.The project will not have any impact to the General Fund. Of the overall cost of the project, $755,808 will be used for the construct contract award. Attachments: Bid Evaluation/Fiscal Impact Statement Vicinity Map Findings and Recommendation Letter City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ PROJ ECT LOCATION VICINITY MAP NOT TO SCALE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-199 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section BY:PETE CALDWELL, Senior Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT Acquisition of a 2.46-acre parcel located at 6135 N.Golden State Boulevard to use as right-of-way for the construction of Veterans Boulevard Overcrossing (Council District 2) RECOMMENDATION Authorize the acquisition of property owned by George Dakovich and Son,Inc.,for $930,000 to be used as right of way for Veterans Boulevard and also authorize the Public Works Director,or his designee, to sign all documents necessary to complete the transaction. EXECUTIVE SUMMARY The City of Fresno in cooperation with the California Department of Transportation (Caltrans)plans to build a new interchange on State Route 99 plus supporting roadway improvements in northwest Fresno.The improvements will add a new interchange to State Route 99 between Shaw Avenue and Herndon Avenue as well as a new city super arterial roadway that will enhance the local circulation network.The City needs to acquire a 2.46 acre parcel that belongs to a construction company,George Dakovich and Son,Inc.to be able to develop the roadway.The property owner (s)have agreed to the negotiated settlement of $930,000 for the full acquisition of this property, City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-199 Agenda Date:7/31/2014 Agenda #: including an office building, a warehouse and three storage buildings. BACKGROUND Veterans Boulevard,originally referred to as the Herndon-Grantland Diagonal,was part of the 1984 General Plan and is a planned six-lane super arterial in the 2025 General Plan.The interchange concept was refined in 1986 with a feasibility study conducted to analyze potential interchange/grade separation configurations.In 1991,a Project Initiation Document was completed,and in 1996,the Official Plan Line for Veterans Boulevard was adopted by the Council. In recent years,staff has completed the Project Study Report (PSR),Project Report and Environmental Impact Report (EIR).Veterans Boulevard and the proposed interchange with State Route 99 are identified as part of the Circulation Element in both the City and County General Plans.The new interchange will be a partial cloverleaf connecting State Route 99 and Veterans Boulevard.The new overcrossing will have three southbound lanes,a Class I bicycle lane/pedestrian trail on the west side of the structure and Class II bicycle lanes on both sides of the structure.The project will include two bridge structures,one to cross over Route 99 and one to cross over the existing Union Pacific Railroad tracks,Golden State Boulevard,and the future high speed rail tracks. The City needs to acquire a 2.46-acre parcel located at 6135 N.Golden State Boulevard (APN 505- 808-31s)to use as right-of-way for the construction of Veterans Boulevard.The City retained Kelly P.Stevens Real Property Analysts to appraise the property.Stevens worked under the direction of Lawrence D.Hopper,MAI.The City Attorney’s Office has reviewed and approved as to form the proposed Purchase and Sale Agreement. ENVIRONMENTAL FINDINGS The proposed project is a joint project by the Caltrans and the Federal Highway Administration,and is subject to state and federal environmental review requirements.Project documentation, including an EIR,has been prepared in compliance with both the California Environmental Quality Act (CEQA)and the National Environmental Policy Act (NEPA).Caltrans is the lead agency under NEPA.In addition,the Federal Highway Administration is responsible for environmental review, consultation,and any other action required in accordance with applicable Federal laws for this project which is being,or has been,carried out by Caltrans under its assumption of responsibility pursuant to 23 United States Code 327. LOCAL PREFERENCE N/A FISCAL IMPACT The $130 million Veterans Boulevard Project which is located in Council District 2 will have no impact upon the General Fund.The Veterans Boulevard project is being funded through Measure “C”Tier 1 funds,Citywide Regional Street Impact fees,State Transportation Improvement Program (STIP) funding, Regional Transportation Mitigation Fees (RTMF) and Federal transportation funds. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-199 Agenda Date:7/31/2014 Agenda #: Attachments: Veterans Blvd Vicinity Map APN Vicinity Map City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ Vicinity Map APN 505-080-31s N BRYAN AVEN BRYAN AVEN BRYAN AVEN BRYAN AVEN BRYAN AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVE N B R Y A N A V E N B R Y A N A V E N B R Y A N A V E N B R Y A N A V E N B R Y A N A V E N G O L D E N S T A T E B L V D N G O L D E N S T A T E B L V D N G O L D E N S T A T E B L V D N G O L D E N S T A T E B L V D N G O L D E N S T A T E B L V D N B R Y A N A V E N B R Y A N A V E N B R Y A N A V E N B R Y A N A V E N B R Y A N A V E W BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVEW BULLARD AVESTATE HIGHWAY 99STATE HIGHWAY 99STATE HIGHWAY 99STATE HIGHWAY 99STATE HIGHWAY 99N BRYAN AVEN BRYAN AVEN BRYAN AVEN BRYAN AVEN BRYAN AVEGolden State BlvdGolden State BlvdGolden State BlvdGolden State BlvdGolden State Blvd APN 505-080-31sAPN 505-080-31sAPN 505-080-31sAPN 505-080-31sAPN 505-080-31s City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-210 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:COUNCILMEMBER BRAND AND COUNCIL PRESIDENT BRANDAU Council Offices SUBJECT RESOLUTION of the Council of the City of Fresno,California,supporting California Assembly Bill 69 City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, SUPPORTING CALIFORNIA ASSEMBLY BILL 69 WHEREAS, the City of Fresno is concerned about the impact of the fuels-under- the-cap regulation and the increased price of fuel for consumers; and WHEREAS, any increase in the price of fuel will serve to hurt the most vulnerable members of our communities who must continue to commute and drive long distances for services like healthcare, and who are least able to diversify their transportation options; and WHEREAS, California is still in the early stages of its economic recovery and a price increase on fuelwill serve to weaken the economic recovery; and WHEREAS, many Californians are still unemployed and looking for work and are at a disadvantage when it comes to paying for basic necessities like fuel; and WHEREAS, the City of Fresno was more economically impacted by the "Great Recession" than many other cities throughout the state, and high poverty and double digit unemployment still persist in the City; and WHEREAS, professional estimates put the probable increase in the price of gas between $0.16 and $ 0.76 a gallon; and WHEREAS, increases in fuel prices will disproportionately impact low-income Californians who will be hurt the most by such a price increase; and WHEREAS, the majority of Californians are unaware that this price increase is coming; and Date Adopted: Date Approved: Effective Date: City Attorney Approval : I of 3 Resolution No. WHEREAS, the state's greenhouse gas reduction goals are already well on track and will not be helped by this price increase; and WHEREAS, Assemblyman Henry Perea (D-Fresno) has introduced state legislation, Assembly Bill 69, seeking a delay in this implementation until January 1, 2018. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. The City of Fresno call upon the administration of Governor Jerry Brown, the California Air Resources Board, and the California State Assembly and Senate to delay the implementation of this portion of the cap-and-trade program so that Californians may have more time to prepare for the economic consequences. ut Ht 2of3 STATE OF CALTFORNTA ) COUNTYOFFRESNO ) ss. ctTY 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: Deputy KBD:elb [65251 elb/kbd] Reso 071 514 WONNE SPENCE, CMC City Clerk BY: Deputy Date 3of3 This page intentionally left blank. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-201 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:Douglas T. Sloan, City Attorney City Attorney’s Office BY:Erica M. Camarena, Senior Deputy City Attorney City Attorney’s Office SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (a) 1.City of Fresno, et al v. AIG Financial Products Corp., et al.U.S. District Court Case No.: 08 MDL No. 1950 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#14-218 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 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™ 3f-. C)o'eJ s<ç5tot> V,'SÌ/t / SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS The parlies to this SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS ("Agreement") are DOUG VAGIM, DIANE SMITH and STEVE WAYTE (referred to as "Initiative Proponents" or "Proponents" herein), on the one hand, and the CITY OF FRESNO, a California chafter city and municipal corporation (sometimes referred to as or "City"), and DOUGLAS SLOAN, in his capacity as City Attorney of the City of Fresno on the other hand. These persons and entity are referred to collectively as "Parties" or separately as "each Pafty" herein. This Agreement is effective as of the latest date written next to the signature of a Party to this Agreement. I. Recitals. WHEREAS, The City of Fresno increased its water rates in August 2013; and WHEREAS, The Initiative Proponents sought to qualify an initiative measure seeking repeal of the City's 2013 water rates; and WHEREAS, The City challenged Initiative Proponents' authority to seek repeal of the water rates by initiative measure; and WHEREAS, The City f,iled a Complaint in Declaratory Relief seeking a judicial determination denying Initiative Proponents' authority to seek repeal of the City's August 2013 water rates (City of Fresno, et al., v. Vagim, et al., Case No. l3CECG03080); and V/HEREAS, Initiative Proponents filed a Verified Petition for Writ of Mandate compelling the City to issue a title and summaly such that the Initiative Proponents could commence collecting signatures on their rate-repeal ballot initiative measure (Vagim, et al., v. City of Fresno, et al., Case No. 13C8CG03206); and WHEREAS, Initiative Proponents were successful in defending against the City's Complaint in Declaratory Relief, which case remains on appeal before the Califomia Fifth District i Coufi of Appeal, and for which the City recently renewed a Writ of Mandate separate from its appeal of this matter; and WHEREAS, Initiative Proponents were successful on their Writ Petition matter and related appeals, which case is now ftrlly concluded; and WHEREAS, Initiative Proponents were awarded attorneys fees by the Fresno County Superior Court in the two litigation cases; and V/FIEREAS, The City has before it a duly qualified initiative measure submitted by Initiative Proponents to repeal the August 2013 water rates, and is required, pursuant to operation of law, to either repeal the challenged rates or set the matter of the rate repeal for a vote of the People ofFresno; and I ol'6 SETTLEMENT ACREEMENT AND GENERAL RELEASE OF CLAIMS WHEREAS, The Parties wish to immediately resolve the remaining litigation disputes, payment of attorneys' fees, and the issue of the repeal of the City's 2013 water rates. NOW, THEREFORE, in consideration of the covenants undertaken and the releases herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, as follows: II. Terms and Conditions of the Settlement Agreement. 1. Operative Settlement Provisions. Pafties desire to settle the Lawsuits and to fully and finally settle any and all matters between them arising out of, or relating to, the Lawsuits, or any claims that could have been raised in connection with the Lawsuits or the City's August 2013 water rate increase, without any further court proceedings, trial, appeal or adjudication of any issue of fact or law, and without any admission with respect to such matters. This shall also include issues raised by Proponents' qualified Initiative Measure. In consideration of the mutual promises herein, the Parties agree: E. All Lawsuits and related motions, appeals, and actions filed and/or pursued by the Parties shall forthwith be dismissed with prejudice. The August2013 water rate inct'eases enacted by the City shall be immediately repealed by the City pursuant to Article XIII C, section 3 of the California Constitution. The City shall delay enactment of any new water rate increases for a minimum of 6 months from the date of this agLeement, and thereafter may establish new, lower rates. Such rate increases, if sought by the City, shall full comply with Proposition 2l 8, the California Constitution, the Elections Code and other applicable provisions of law and legal authority. Any new rate increases sought shall also comply with the new notice and protest provisions of Item No. 1.E. herein. Any new rate plan enacted by the City shall be set for a period of not less than hve years (the current rate plan is for four years), during which time water rates may not be increased by the City. Starting from the date of this agreement and for a period of l0 years thereafter, all protest notices on proposed utility rate/fee increases shall be transmitted by the City in envelopes with distinguishing markings that it not be mistaken for any other City mail (said notices sl-rall appear similar to notices for jury duty), and have on the outside front face of the transmittal envelope the wolds "IMPORTANT INFORMATION ABOUT AN INCREASE TO YOUR UTILITY RATES ENCLOSED" in font size not less than 14pt. The notice envelopes shall include inside a ballot card and self-addressed, reply mail envelopes. All property and other information needed to tally a vote shall have been pre-printed on the envelopes and protest ballot cards so that a valid protest is cast by mail with a check mark and signature on the ballot card by either the property owner of or tenant at an affected property. Such notices shall be transmitted to property owners and also all tenant ratepayers for the affected properties. Only one protest per affected rate-payer property will be eligible to be tallied. The ballot return envelopes shall be SETTLEMENT ACREEMENT AN2;ÍáENERAL RELEASE O[. CLAIMS A B. C. D pre-printed with the City's recipient/return address, include the APN on the outside of said envelope, and include proper business reply postage or similar provided by the City, such that a ballot card may be retumed by a voter at no direct cost to the voter. The notice requirements herein shall apply to any rate increase sought by the City for water, garbage, and sewer rates. F. The City commits that it wilì seek the most efficient and equitable legal funding mechanisms for any new water projects to minimize cost increases or reduce costs for rate payers, including pursuit of the most cost effective means to save on infrastructure costs. G. Proponents agree to refrain frorn participating in any manner, directly or indirectly, in a new initiative or referendum following the next water rate establishment. H. During the 6 month interim period discussed in Item No. l.C. herein, the City shall sponsor and publicize abona fide, open, participatory roundtable process involving City leaders, rate-payers (both City and Co Island), taxpayers, taxpayer organizations, initiative proponents, experts, media and interest groups. The purpose of the roundtable process is to fostel and undertake serious discussions relative to all project issues, inclr-rding but not limited to the regional water issue, the scope of city projects, alternatives of financing capital costs both on new development and system-wide infrastructure, altematives to City's current policy on water, process and methods of low or fixed income subsidy (including, but not limited to, CDBG and PACE program elements). The City shall publicize each of these roundtable meetings on the City's website and on all the public media sites available. Prior to the conclusion of this six- month period, the resulting findings discussed through this process will be put out for further public review by the City for a 45-day period, and at the conclusion of the 45-day period, the findings and summary of discussions and will be placed before the City Council for final review and consideration. I. The City shall pay Proponents'attorney fees and legal costs inthe amount of $150,000, which shall be payable by the City within 10 business days of the execution of this agreement to "Bell, McAndrews & Hiltachk, LLP Client Trust Account," 455 Capitol Mall, Suite 600, Sacramento, CA 95814. J. The City shall refund the Initiative Proponents' $200 within 10 business days of the execution of this agreement. 2. Release of Claims. In return for the mutual promises and other consideration provided in this Agreement, Proponents, for themselves and their past, present or future heirs, beneficiaries, exectrtors, administrators, ofÏcers, directors, agents, partners, srìccessors and assigns ("Releasors"), do hereby fully release, acquit, waive and forever discharge the City and its past, present or future council rnembers, mayofs, administratols, officers, employees, agents, successors and assigns ("Releasees"), frorn any and all claims, actions, causes of action, factual allegations, demands (including without limitation demands for equitable and injunctive relief), debts, damages, costs, expenses inclr"rding expert fèes, losses, or attorney's fees of whateveL nature involving the City's August 2013 rate increases and Proponents' subsequent ballot Initiative Measure effort, whether or SETTLEMENT AGREEMENT NTiJÍáENERAL RELEASE OF CLAIMS not known, suspected or claimed arising out of, based on, or in any way related to the facts alleged (or facts that coulcl have been alleged) in the Lawsuits and related actions, appeals and/or motions ("Claims"), which Claims the Releasors have or may have against the Releasees except for rights to enforce this Agreement. In this Paragraph, the conjunctive includes the disjunctive. 3. Express'Waiver of All Claims Under California Civil Code Section 1542.It is further understood and agreed that this Agreement extends to all of the above-described Claims and potential Claims, and that all rights under California Civil Code $ 1542 are hereby expressly waived by Proponents for themselves with respect to all such Claims. Section 1542 provides as flollows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding these provisions of Section 7542, the Parties expressly acknowledge that this Agreement is intended to include in its effect, without limitation, all Clairns as described in Paragraph 2 based on the facts allegecl (or that could have been alleged) in the Lawsuits, which they do not know or suspect to exist in their favor al the time of execution hereof and that the settlement reflected in this Agleement contemplates the extinguishment of all such Claims, except for rights to enforce this Agreement. 4. Interpretation. The interpretation of this Agreement shall be governed by the laws of the State of California and any applicable laws of the United States. This Agreement shall be construed as thougl-r jointly prepaled by the Parties and any uncertainty or ambiguity shall not be construed against any one Party. 5. Admissibility of this Agreement. This Agreement constitutes a compromise of disputed claims and shall not be treated as an admission of liability by the City or any of the Releasees aI-any time or 1'or any reason. This Agreement shall not be admissible in any legal or administrative proceeding, including proceedings between the City and the Proponents or proceedings involving the City and any othel party. Notwithstanding the generality of the foregoing, the Parties agree that once it is signed by the Parties, this Agreement shall be fully binding and admissible in any judicial or administrative proceeding to enforce the terms of this Agreement and/or for breach of this Agreement' s provisions. 6. Jurisdiction and Venue. Venue over any dispute that may arise under this Agreement shall be in the Superior Courl in and for the County of Fresno and shall be pursued as a related case to the prior LawsLrits. In the event that Proponents are compelled to and thereafter prevail in an action in law or equity to enforce the provisions of this Agreernent, to obtain a declaration of rights and obligations in conjunctior-r therewith, or otherwise arising out of this Agreement, the Proponents shall be entitled to recovery of their reasonable attorney's fees and costs, including any costs incurred to retain expert witnesses in connection therewith. 7. Execution in Counterparts. This Agreement may be executed in counterparts, and facsimile or scanned signatures will have the same folce and effect as the original. 4 ol'6 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS 8. Bntire Agreement. The Parties acknowledge that no representations, inducements, promises or agreements, oral or otherwise, have been made by any Party or anyone acting on behalf of a Party which are not embodied herein, and that no other agreement, representation, inducement or promise not contained in this Agreement shall be valid or binding. Any modification, waiver or amendment of this Agreement will be effective only if it is in writing and signed by the Party to be charged. 9. Representation by Counsel. Each of the Parties expressly acknowledges and represents that it has been represented by counsel in the negotiations culminating in this Agreement. Each of the Parties has read this Agreement, reviewed the same with counsel, and fully understands the meaning and effect of each and every provision of this Agreement, in particular the meaning and effect of the releases and the waiver of rights under Califomia Civil Code$ I 542. 10. Mayor's Authority to Sign on Behalf of City. The City hereby confirms that upon approval of this Agreement by the City Council, the Mayor is authorized pursuant to the City's Charter to sign this Agreement on the City's behalf. 11. Severability. If any term of this Agreement is declared invalid for any reason, that determination shall not affect the validity of the remainder of the Agreement. The remaining parts of this Agreement shall remain in elfect as if the Agreement had been executed without the invalid term. DATE: DOUG VAGIM DATE: DIANE SMITH DATE: STEVE V/AYTE CITY OF FRESNO, A California Charter City and municipal colporation By: ASHLEY SWEARENGIN Mayor' 5 ol-6 SETTLEMENT ACREEMENT AND CENERAL RELEASE OF'CLAIMS DATE: 8. Entire Agreement. 'I'he Parties apknówìedge that no rcpresentations. inducements, promises or agreements, oral or othErwise, havé bcen made by any Party or ilnyone acting on bchalf of a Parry whioh are not embodied herein, and that no other ¿rgreemsnt! reprcsentation, inducenrenr br promisc not contained in this Agr'eement shall be valid or binding. Any modification, waivcr or amendment of this Agreement will bc e ffectiveionly if ít is in writing anrì signecl by the Party to be charged. 9. Represenlation by Counsel. lìach of the Partie¡- expressly acknowlcdges and represents that it has bcen represented by counsel in the negotiations culminating in this Agreement. Each of the Parties hes read thi.s Agreemenl,,revielved the same with counsel, and fully understands the meaning and eliÞct of cach and every provision'of this Agreement. in particular the meaning and etïect of the releases and the waiver of righït unrler C¿lifomia Clivil Code$ t 542. 10.. Mayor's Authority to fiign ou lBeþulf of City, The City hereby confirms that uporr approval of this Agreement by the City Council, the Mayor is authorized pursuanr to the Ciry's Cha¡ter to sign this Agreement on the Cifyis behalf. . ll. Severnbility. lf any term of this Agreement is deolared invalirt lbr any reason, that .detcrmination shall not affect the va,lidity of the remaincier of the Agrermùnt. Thc remaining parts of this Agreement shaLl renrain in eflect as if the Agrcemcnt had been executed without the invalid term. DATE: DIANË SMITI{ DATE: STEVE WAYTE CITY OF FRESNO, A Califomia Ch.arter City arrd municipal corporation ,DATF-: By: ASHLEY SWËARI,NOIN Mayor ; 5 oi6 SEI'TT,EMENT ACREEMENT AND CENERAL RELEASE OF CLAIMS L Entire Agreement. The Pa¡ties ackrowledge thât no representations, indusemenls, pronrises or agrÊsments, oral or othenvise, have been rnade by an), Pârty or ânyone acting on behalf ola Party which are no1 embodied herein, and that no other agreemÈnt, re.presÈntâtion, inducemenl or promise nol conlaìned in thìs Agrcement shall be vaiid or binding. An-y modifleation, waiver or amendmsnf of this Agreemenf wiìì be effeetivc i:nly if it is in writing and signed by the Pafiy to be chargecl. 9. Represertation by Counsel. Ilach olthe Parties expressly acknolvledges and represents that il has been represented by counsel in the negotiations culminatin*e in this ,Agreenrent. Êach cf the Parties has read this Agreement, reviewed lhe same with counse l, and f"ulll' underst¿nds the meaning and effect of each and e very provision of thìs Agreement, in partículnr the rneaning and ellèct of the releases and the r.vaiver o[rights under Calitìrmia Civìl Code$ l-54?. 10. Mrryor's Authority to Sign on Behalf of e ify. Thc Cig hereby confims that upon approval of this Agreement by the City CouncìI, the Mayor is authorizæd pursuånt to the Cify's Clra¡ter to sìgn this Agreement on the City's behalf". 11. Severability. If any terrn of rhis A.greement is declareti invalid for ary rÊason. thaf determínation shall no1 afiectthe validity of tlre rernainder oI'tlre Agreenrenl- The remaining parts of this AgreemËnt shâll remain in eflect as if the Agreenient had be¿n execuletJ rvithout the invalici lsmr. DATÍ:; DOUÛ VAGIM DATE: T-JI ¿Y DATE: STIiVF V/¡\YTF. CITY ÛF FRESNO, A Califomia Charter City and municipal ccrporatìon DATE: By: ASl ll.lìY SWITARENGIN Mal"clr 5 t-¡ l- fi Å.NLl GENLRAI. REI-Ð,4.S[ì OF CìL,\lMS SN'fITH sn'fTl.ìlM ìi¡¡'t' Aú fìt iEMìrN1 H' Enfrru Agrnemmf . Ihc PEnlsn nqknogdedgn lfþtno rÊStHËnFtlQuR, l¡duecö*ts,f S, Rrpnmonhtlqr þf Counrnl. En+h 0f 10. Bþ on &h*lf otClty, Th Èppmynl o Çfty Coun+il, Èrc lr4nyor lrChqrtorro the tþ'rhdrdfl, tl. 8p¡rnHltry. If arry tm$Sf th aoy rporcn, thu d{hrmlmtloû Rhüll na\*fh+tùg u4ld¡V fñç¡çrn¡¡r¡tgFe¡iå cf thi¡ Àgçccnmn øhull mrnntn ín effbfi a¡ lf üı d wltlor¡t tÌ¡o ü,veu¿ Þrm, D,{TEI_+- D,{TEI ææ DOUC IAßIM CIIY OFTRETNÒ, A ÇslllÞrnl¿ Chsrisr fllty ud mrurlclpnt aqorellon By : /\$IÍLEY SWBAA.EHAIN- MnYor I qfú $BTft.&dBrr ^ûhBBlUNr ÀND tÈì{ERAt aflm.dg8 0F cLAthtS DIAÌ{B Th4ITÌI City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-207 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 SUBJECT Appearance by Ike Grewal of the Sikh Community Activist to request approval of a discount on the fees for the Convention Center 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#14-208 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:MARLENE MURPHEY, Executive Director BY:ENRIQUE MENDEZ, Project Manager SUBJECT Successor Agency Board, City Council and Fresno Revitalization Corporation Board consider approving: 1.Adopt a finding of Categorical Exemptions pursuant to Article 19,Sections 15301/Class 1 (existing facilities)and 15303/class 3 (new construction or conversion of small structures)of the California Environmental Quality Act (CEQA)Guidelines for ornamental fence installation, 450 M Street @ Santa Clara. (bid file No. 3299); and 2.Award a contract to Marko Construction Group as the lowest responsive and responsible bidder for ornamental fence installation, 450 M Street @ Santa Clara (bid file No. 3299) EXECUTIVE SUMMARY Agency staff solicited bids from qualified vendors to furnish and install ornamental steel fencing at 450 M Street in the Convention Center Redevelopment Area as part of the Old Armenian Town Project.Staff is recommending the Agency Board award a contract in the amount of $69,177.28 to Marko Construction Group as the lowest responsive bidder. BACKGROUND Bid specifications were prepared by Successor Agency staff and provided to the City’s Purchasing Department.A Notice Inviting Bids was published in the Business Journal on April 30,2014 and also posted on the City’s web site.Specifications were faxed to fifteen (15)building exchanges and distributed to thirteen (13)prospective bidders.The bids were opened on May 20,2014.Five (5) sealed bids were received and opened by the Purchasing Division.Marko Construction Group submitted the lowest bid in the amount of $69,177.28 and is considered the lowest responsive and responsible bidder. The Historic Preservation Commission previously reviewed and provided positive comments on the design proposal for the wrought iron fence around the perimeter of the site containing the historic buildings on August 26, 2013, September 23, 2013, and June 23, 2014. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-208 Agenda Date:7/31/2014 Agenda #: CEQA FINDING Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 and Class 3 Categorical Exemptions set forth in CEQA Guidelines,sections 15301 and 15303.A Class 1 Categorical Exemption is appropriate as the installation of a fence is part of the routine operation,maintenance or minor alteration of existing structures,facilities and topographical features involving negligible or no expansion of use beyond that currently existing. Additionally,a Class 3 Categorical Exemption is appropriate,as it exempts new construction of accessory structures including garages,carports,patios,swimming pools,and fences.Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,section 15300.2 apply to this project. Attachments: Evaluation of Bid Proposals Fencing Profile 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#14-183 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:DOUGLAS T. SLOAN, City Attorney City Attorney’s Office BY:MARY RATERMAN-DOIDGE, Deputy City Attorney’s Office SUBJECT BILL -(For introduction)-Amending the Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing citizens to file Administrative Complaints for Municipal Code violations involving public nuisances. RECOMMENDATION It is recommended that the City Council approve the attached ordinance adding Article 6.5 of Chapter 10 to the Fresno Municipal Code authorizing citizens to file Administrative Complaints for certain Municipal Code violations involving public nuisances. EXECUTIVE SUMMARY The attached ordinance amends the Fresno Municipal Code by allowing private citizens to file Administrative Complaints for Municipal Code violations involving public nuisances which may be resolved through mediation or a hearing. BACKGROUND This ordinance provides an alternative method of enforcing Municipal Code violations.Establishing a program allowing private citizens to file administrative complaints for certain enumerated public nuisances will enhance compliance with code regulations to protect the public’s health,safety,and quality of life. This program will be voluntary,and does not take the place of existing methods for enforcement of violations of the Municipal Code.The adoption of this ordinance will simply give private citizens an opportunity to combat code violations,as an alternative to the existing method of code enforcement by the Community Revitalization Department. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-183 Agenda Date:7/31/2014 Agenda #: The City intends to defray the administrative cost by establishing a fee associated with processing and resolving Administrative Complaints.Staff intends to bring back to Council for approval the filing fee amount required to pay for processing complaints and staff time,along with supporting documents. ENVIRONMENTAL FINDINGS This is not a “project”for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment.The City has existing code enforcement procedures;this ordinance simply adds an alternative administrative procedure. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or services contract. FISCAL IMPACT There will be no significant fiscal impact from this proposed addition to the Fresno Municipal Code because the administration of this ordinance should be cost neutral when a filing fee will be charged to pay all processing costs,limited City Attorney time may be used,and this ordinance operates on a voluntary basis. Attachment:Ordinance 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#14-188 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:DOUGLAS T. SLOAN, City Attorney City Attorney’s Office BY:MARY RATERMAN-DOIDGE, Deputy City Attorney’s Office SUBJECT *BILL NO.B-33 -(Intro.7/31/2014)(For adoption)-Amending Sections 1-405,1-407,1-408,and 1- 409 of the Fresno Municipal Code relating to the Administrative Hearing procedure RECOMMENDATION It is recommended that the City Council approve the attached ordinance amending sections 1-405,1- 407,1-408,and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure. EXECUTIVE SUMMARY The attached ordinance amends the Fresno Municipal Code by changing certain requirements of the Administrative Hearing Officer and the Administrative Hearing Procedure to allow for better scheduled administrative hearings to take place in a more orderly manner. BACKGROUND This ordinance streamlines the City’s administrative hearing process.Enacting the proposed changes will allow the effective and efficient use of city resources while ensuring a timely resolution of appealed issues based upon the following changes: •Employment contracts for the Administrative Hearing Officer shall be for one year and compensation may be on an hourly or flat rate basis; •Appeal hearings shall be scheduled for specific dates and times based upon the parties’ reasonable estimates for presenting their case; • Hearings shall not be continued unless good cause is shown; •The hearing officer shall conduct each hearing in an orderly manner taking into consideration City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-188 Agenda Date:7/31/2014 Agenda #: •The hearing officer shall conduct each hearing in an orderly manner taking into consideration more formalized rules of evidence; and •The hearing officer may not increase or decrease any citations imposed against parties as set forth in the master fee schedule. ENVIRONMENTAL FINDINGS This is not a “project”for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local preference was not considered because this ordinance amendment does not include a bid or award of a construction or services contract. FISCAL IMPACT There will be no significant fiscal impact from this proposed amendment to the Fresno Municipal Code because the changes only impact the Administrative Hearing Officer Requirements and Administrative Hearing procedures to allow for hearings to be conducted orderly and efficiently. Attachment:Ordinance City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTIONS 1405, 1-407, 1.408, AND 1-409 OF THE FRESNO MUNICIPAL CODE RELATING TO THE ADMINISTRATIVE HEARING PROCEDURE. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 1-405 of the Fresno Municipal Code is amended to read: SECTION 1405. HEARING OFFICER. The City Manager shall appoínt persons to serue as hearing officers under the following rules: (a) Permanent Hearing Officer. The City Manager may appoint a person or persons to serve as permanent hearing offícers lwíth compensation on a flat rate or hourlv basip]. Permanent hearing officers shall be hired undep+lfor a one year] contract with lan annual option to re4ew, subiect to thirty (30) days' notice prior to the termination of the contractl . The hearing officer may not be terminated without cause and the basis of termination shall not be related to the outcomes of hearíngs. A permanent hearing officer may be appointed to hear all types of administrative hearings or may be appointed to hear a select category of hearings or a select number of hearings. A ffi +temeerary hearing effieerwithin a ene year peied. Date Adopted: Date Approved Effective Date: City Attorney Approval: {Y\ftD Page 1 of 8 Ordinance No. (b) Temporary Hearing Officer. The City Manager may appoint a person or persons to serve as temporary hearing officer on an as needed basis for those hearings in which the city does not have a permanent hearing officer or where the permanent hearing officer(s) is/are unable to serve because of the existence of a personal conflict or for practical reasons or where the Code otheruise requires appointment of a person to hear a particular class of hearings. The following persons may serve as temporary hearing officers: (1) Any person willing to serve without compensation valuable consideration or promise of future compensation valuable consideration; (2) Any person serving for compensation l.shall be compensated on a flat rate or hqurly basisl@ has neFprevieusly served as a ternperary hearirg effieer fer the+ity @; (3) A person serving for compensation who has previously served as a temporary hearing officer within the past year may serve as a temporary hearing officer upon written consent of the appellant or the person whose propefty or interest ís the subject of the hearing after disclosure by the city of the person's prior service for the city, including, if requested, disclosure of the final determination of any prior decision(s) by the hearing officer; (4) A person servíng for compensation who has served Page 2 of 8 as a temporary hearing officer within a year may serve without the written consent of the appellant where the person is randomly selected from a list or panel of at least four persons who have all agreed to serve as temporary hearing officers under such a random selecfion prpcesq; (5) A salaried city stafl member who regularly supervises at least ten people and who does not, and has not within the previous twelve months, directly supervised the divísion or unii of the staff member responsible for representing the city in the appeal and who has not participated in the order, citation, decision or determination being appealed may serve as a temporary hearing officer; or (6) A State Administrative Law Judge under a contract with the Office of Administrative Hearings or an arbitrator employed by a private independent arbitration service, such as JAMS or the American Arbítration Association. (c) Multiple Hearing Officers. Where more than one hearing officer, whether temporary or permanent, is available to hear the same administrative hearing, selection of the hearing officer shall be determined either by the terms of the hearing officer's contract or by random process. Subsection (e) of Section 1-407 of the Fresno Municipal Code is amended SECTION 1407. FILING A NOTICE OF APPEAL. SECT¡ON 2. to read: Page 3 of B (e) Notice of Hearing. Upon receipt of an appeal, or if notice of insufficiency is given in accordance with this section, upon receipt of an amended appeal within the time specified, the hearing officer shall cause one copy to be stamped indicating the date of receípt thereof, and shall immediately forward the other copy to the officer or employee whose officer shall set the appeal for hearing and shall give to the appellant and to the officer or employee whose order, citation, decision, or determination is being appealed not less than fifteen calendar day's written notice of the date, time, and place of hearing. [The hearing officer shall schedule each scheduled at the same time as anv other hearing. Each party shall provide within the allotted amount of time, which is reasonablv based on the parties' estimated-timg reouirements.lThe appellant, or his/her authorized representatíve, may waive the fifteen calendar days written notice, so long as said waiver is in writing and received by the hearing officer. The notice of the hearing to the appellant shall include a statement as to the appellants'rights as provided in subsection 1-507(c). SECTION 3. Subsections (a), (b), and (d) of Section 1408 of the Fresno Municipal Code are amended to read: SECTION 1-408. CONDUCT OF HEARING, Page 4 of I (a) Gontinuance. @iseretien--erulU]pon good cause shown, the hearíng officer may continue the hearing by written notice before the scheduled hearing or orally at or during the hearing. (b) Hearing. At the hearing, the officer or employee who issued the order, citation, decision, or determination or his or her designee shall present evidence in support of the findings or reasons upon which the order, citation, decisíon, or determination, was based. The appellant, or any individual authorized in writing to represent the appellant, may then present evidence in support of the contentions made in the notice of appeal. The hearing shall be informally conducted. [The hearing officer hearing officer shall maintain control over the order of evidence and order hearings.l (d) Evidence. The rules ef evidenee previded b" State statute in eivil and eriminal aetiens shall net-apply; exeepÊthat-irrelevant-and unduly ien= evidence: Page 5 of I (1I Oral evidence shall be taken onl)¡ on oath or affirmation which shall be administered bv the hearing officer.. Only credible testimony shall be considered by the hearinq officer. (2) Each party may call and examine witnesses. introduce exhibits. and cross-examine and impeach any witness on any matter relevant to the issues. lf the appellant does not testify in his/her own behalf. the appellant mav be called and examined as if u nder cross-examination. (3) Such hearinq need not be conducted accordino to the technical rules of law relatinq to evidence and witnesses. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of anv common law rule or statute which might make improper the evidence may be used for the purpose of supplementing or explaininq anv direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (4) Copíes of the reports and reco,rds of any qovernmental. agencv, division. or bureau will be accepted as evidence in lieu of the originalthereof.l Page 6 of I SECTION 4. Subsection (g) of Section 1-409 of the Fresno Municipal Code is amended to read: SECTION 1-409. HEARING OFFICER AUTHORITY. (g) Limitations. The hearing officer shall not have authority to waive any requirements of the Code or law. [The hearing officer is required to adhere to any citation amount set in the Code or Master Fee parties. The parties themse_lves maintain the discretion to reduce citation amounts in order to independently settle the dispute.l ' SECTION 5. This ordinance shall become effective and in full force and effect at 1201 a.m. on the thirty-first day after its final passage. ************** Page 7 of B STATE OF CALTFORNIA ) COUNTY OF FRESNO ) ss. ctTY oF FRESNO ) I, WONNE SPENCE, C¡ty Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the Gity of Fresno, at a regular meeting held on the day of AYES : NOES. _ .- - ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return : Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Mary Raterman-Doidge Date Deputy M RD: prn [65030prn/ordl O7 -1 0-1 4 WONNE SPENCE, CMC City Clerk BY: Deputy Page I of I City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-181 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BONIQUE EMERSON, AICP, Supervising Planner Development and Resource Management Department SUBJECT Actions pertaining to a consultant contract for the High Speed Rail Station Area Master Plan 1.*RESOLUTION-3rd amendment to the Annual Appropriation Resolution (AAR)No.2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes) 2.Authorize the Director of the Development and Resource Management (DARM)Department to enter into a professional services agreement with the firm of AECOM Technical Services, (AECOM)in the amount not to exceed $966,068 utilizing funding from the California High Speed Rail Authority (CHSRA) and Fresno Council of Governments (Fresno COG) RECOMMENDATION Staff recommends City Council take the following actions: 1.Adopt the resolution of the Council of the City of Fresno adopting the 3rd amendment to the Annual Appropriation Resolution (AAR)No.2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses. 2.Authorize the Director of the DARM Department to enter into a professional services agreement with the firm of AECOM in the amount not to exceed $966,068 utilizing funding from the CHSRA and Fresno COG. EXECUTIVE SUMMARY On August 25,2011,the Council adopted a resolution amending the AAR to appropriate $900,000 from the CHSRA in the Public Works Department budget for preparation of the High Speed Rail City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-181 Agenda Date:7/31/2014 Agenda #: from the CHSRA in the Public Works Department budget for preparation of the High Speed Rail Station Area Master Plan (Master Plan).On March 29,2012,the Council adopted a resolution to appropriate $120,000 from Fresno COG for the Master Plan and to transfer the funds from the Public Works Department to the DARM Department.In June of 2012,staff prepared the Request for Proposals (RFP)to solicit proposals from teams of professional planners,architects,engineers and municipal finance consultants for preparation of the Master Plan.Eight firms submitted proposals and,after an extensive interview process,AECOM was chosen as the best firm to accomplish all needed tasks. BACKGROUND Purpose of the Annual Appropriation Resolution The Council took action on August 25,2011,to amend the AAR to appropriate a total of $900,000 from the CHSRA for the preparation of a Master Plan.The $900,000 consists of $700,000 in American Recovery and Reinvestment Act (ARRA)dollars that the CHSRA is receiving from the Federal Railroad Administration (FRA),as well as $200,000 in Proposition 1A High Speed Rail bond proceeds.The executed agreement between the City and the CHSRA lays out the provisions for City invoicing of eligible Master Plan costs incurred and reimbursement of those expenditures by the CHSRA.The Council took action on March 29,2012 to amend the AAR to appropriate an additional $120,000 from Fresno COG’s Overall Work Program (OWP)for the Master Plan.Thus,the attached resolution would appropriate funds that were budgeted in previous years but were not appropriated in Fiscal Year 2015. Purpose of the Station Area Master Plan The Master Plan is intended to provide a vision for the Station Area that builds upon the City’s existing (and proposed)plans and policies,while maximizing the long term benefits of this public investment.The Master Plan will identify strategies for future development while supporting the station’s urban setting,operations,passenger access,parking and intermodal connectivity.The City desires a complete and inclusive Master Plan that prepares the City to take advantage of all potential benefits associated with the implementation of a major regional multi-modal transportation facility that will link Fresno to the economic centers of Northern and Southern California.This Master Plan will further implement and refine the Fulton Corridor Specific Plan,which anticipates and makes some recommendations for the Station Area,but does not provide the level of needed detail that this Master Plan will provide. The transportation portion of the Master Plan will include the full range of multi-modal connections to the station,including passenger cars,Fresno Area Express service including Bus Rapid Transit, private charter buses,bicycles and pedestrians.Locations of parking lots and structures will be addressed by the plan as well.In addition,as part of this Master Planning effort,the consultant will prepare a comprehensive Real Estate Development Strategy,an Economic Opportunity Analysis and an Infrastructure and Financing Plan.An extensive community outreach effort will be an overarching theme throughout the entire development of the Master Plan. Consultant Selection Process As mentioned above,on June 29,2012,staff issued an RFP to solicit proposals from teams of professional planners,architects,engineers and municipal finance consultants for preparation of theCity of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-181 Agenda Date:7/31/2014 Agenda #: professional planners,architects,engineers and municipal finance consultants for preparation of the Master Plan.Eight firms submitted proposals in response to this RFP and after staff review of all proposals, four firms were invited to continue on in the selection process. A Selection Committee was formed consisting of staff from Public Works,DARM,FAX and Fresno COG.The Selection Committee reviewed the written team proposals based on criteria outlined within the RFP.In addition,each of the four firms was invited to participate in a four hour interview, which included oral presentations and questions and answers from staff.Firms were evaluated based on their ability to convey their project approach to the Selection Committee.Based on the thorough selection process,the Selection Committee has recommended that DARM proceed with contract negotiations with AECOM.The Selection Committee is confident that AECOM was the best qualified of the eight firms to provide the services identified.Two firms with a local presence (Jeffrey Scott Associates and VAST) are part of this team as sub consultants. AECOM is a national leader in creative place-making and has extensive experience in designing catalytic projects.They also have economic development experience from both public and private sector perspectives and have a strong knowledge of the value rail brings to communities and how to capture and leverage value.They also have extensive knowledge related to station area planning. Examples of their work include Denver Union Station,Alameda District Master Plan and the Downtown Merced High Speed Rail Station Plan. AECOM estimates that the preparation of the Master Plan will take approximately 11 months. AECOM’s Scope of Work and Summary Cost Proposal are included as appendices to the attached Consultant Services Contract.This is a standardized contract which the City Attorney’s Office has previously reviewed and approved as to form. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA pursuant to CEQA Guidelines, section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not implicated due to State funding. FISCAL IMPACT Funding for this request has been appropriated and is sufficient to pay for the scope of services identified by AECOM.Funding for this Consultant Services Contract will come from the CHSRA and Fresno COG.In order to receive this funding,staff has agreed to commit approximately $117,000 of staff time as an in-kind match.The salaries of staff who will contribute to the preparation of the Master Plan are funded by the General Fund. Attachments: Resolution Agreement for Consultant Services City of Fresno Printed on 12/15/2022Page 3 of 3 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 3rd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION No. 2014-95 APPROPRIATING $1,020,000 FOR HIGH SPEED RAIL STATION MASTER PLAN CONSULTING SERVICES AND MISCELLANOUS CITY EXPENSES 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: DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT High Speed Rail Projects $ 1,020,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: High Speed Rail Projects Revenues: Account: 33527 State ARRA Revenue $ 700,000 33529 Proposition 1A Revenue 200,000 33820 COG--Local Transp Planning 120,000 Fund: 26001 Org Unit: 409901 Total Revenues $ 1,020,000 Appropriations: Account: 53302 Prof Svcs/Consulting-Outside $ 966,100 58004 Special Projects 53,900 Fund: 26001 Org Unit: 409901 Project: EC00003 Total Appropriations $ 1,020,000 - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. THAT the purpose is to appropriate $1,020,000 for High Speed Rail Station Area Master Planning. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk SUMMARY COST PROPOSAL - AECOM/FRESNO HSR STATION AREA PLAN NOT-TO-EXCEED AMOUNTS BY TASK AND SUB-TASK 7/1/2014 TASK TASK TOTAL SUB-TASK SUB-TASK TOTAL 1a. Project Initiation Kick-off meetings 38,792$ 1b. Staff Coordination monthly meetings 67,664$ 2a. Presentations for public meetings 66,594$ 2b. Materials & website 73,540$ 3a. HSR Sacramento 2014 annual meeting 10,364$ 3b. HSR Sacramento 2015 annual meeting -$ Task 4: Meetings with the Authority 26,992$ 4. HSR QUARTERLY MEETINGS 26,992$ Task 5: Quarterly Reporting 22,204$ 5. Quarterly Progress reports & Invoices 22,204$ Task 6: Delivery of Final Plans 422,160$ 6b. Delivery of Station Area Plans 422,160$ 7a. Market Feasibility Analysis 84,298$ 7b. Infrastructure and Financing Plan 94,649$ Task 8: Development of Transportation Intergration Plan 58,810$ 8. Transportation Integration Plan 58,810$ NOT-TO-EXCEED AMOUNTS BY CONSULTANT 791,334$ 43,880$ 55,300$ 15,730$ 34,924$ 24,900$ TOTAL CONSULTANT FEES 966,068$ Jones Lang LaSalle Fransen Company AECOM VAST GROUP Fehr and Peers TOTAL COSTS ALLOCATD TO IDENTIFIED TASKS Task 1: Contract Management, Development of Implementation Documents Jeffrey Scott Agency (JSA) 106,456$ 966,068$ 140,134$ 10,364$ Task 7: Development of Market and Financing Plans 178,948$ Task 2: Public Outreach Communication Task 3: Annual Meeting City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-197 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department SUBJECT Workshop on the City of Fresno’s Draft General Plan RECOMMENDATION None EXECUTIVE SUMMARY The Fresno General Plan (Plan)articulates a vision for the City and presents a set of policies and implementation actions to achieve that vision.The Plan is the result of hundreds of interviews, workshops,meetings,and other outreach to thousands of residents,business owners and other stakeholders which has been compiled into this comprehensive document.The Plan draws from the ideas and visions of those who participated in the planning process,under the leadership provided by the General Plan Citizens Advisory Committee (GPCC),the Planning Commission,the Mayor,and the City Council. On April 19,2012,the City Council selected a preferred alternative and on August 23,2012,the City Council initiated the Fresno General Plan after receiving extensive public comment and conducting considerable discussions regarding alternative growth scenarios.These actions were a culmination of a plan development process that included 12 public workshops,22 GPCC meetings,6 Planning Commission meetings and 3 extensive City Council hearings.Based upon the Council’s direction, the staff,together with the consulting firms of Dyett &Bhatia and MW Steele Group,has prepared the Fresno General Plan.The Public Review Draft of the Plan is now available for public review and comment through Monday, August 18, 2014. The Draft Master Environmental Impact Report (DMEIR)with technical studies,conducted by FirstCarbon Solutions, will be available for public review and comment through September 8, 2014. City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-197 Agenda Date:7/31/2014 Agenda #: BACKGROUND As noted in previous reports to the City Council,the effort to update the City’s General Plan and the City’s Zoning Ordinance through the preparation of the Fresno General Plan and new implementing development code has been funded by federal grants from the U.S.Department of Energy (DOE) under the Energy Efficiency &Conservation Block Grant (EECBG)program and HUD Sustainable Communities Initiative,and a state grant from the California Strategic Growth Council Sustainable Communities grant funding.The DOE grant was provided to the City of Fresno for the Energy Efficiency Survey program and to encourage comprehensive energy conservation and efficiency in Fresno’s land use planning and property development standards.The other grants were provided to integrate long term community sustainability principles and practices into the City’s comprehensive general plan addressing land use,transportation,public utilities and services,and resource management goals and the implementing property development regulations. A complete description of the Fresno General Plan update planning process and alternative growth concepts was presented to the City Council on April 5,2012,with additional requested information presented at a follow-up meeting occurring on April 19,2012.Both meetings included thorough discussion.At the conclusion of this review,the Council selected a preferred alternative and four months later on August 23, 2012, initiated the completion of the Plan. PUBLIC REVIEW PERIOD The Public Review Draft of the Fresno General Plan is available for public review and comment through Monday, August 18, 2014. The DMEIR is available for public review and comment through Monday, September 8, 2014. Copies of the documents are available at: Development and Resource Management Department, Front Counter and at the Downtown Fresno County Library. Additionally, the document may be viewed online at:www.fresno.gov/newplan <http://www.fresno.gov/newplan>. Comments may be sent to: Jennifer K. Clark, AICP, Director Development and Resource Management Department 2600 Fresno Street, Room 3065 Fresno, Ca 93722 Email responses may be sent to Trai.Her@fresno.gov. ENVIRONMENTAL FINDINGS The environmental studies and findings are available in the DMEIR. LOCAL PREFERENCE N/A City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-197 Agenda Date:7/31/2014 Agenda #: FISCAL IMPACT Funds for consultants to assist in completion of the Fresno General Plan and Development Code documents are provided by a grant from the California Strategic Growth Council.All environmental assessment studies and reports are funded by grants from the U.S.Departments of Energy and Housing and Urban Development. City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ CITY CLER}I, FRESHO CA Ju|y 28,2014 Council President Brondou Fresno City Council 2ó00 Fresno Street Room 2097 Fresno, CA93721 RE: Fresno Building Heolthy Communities Generol Plon Presentolion to Fresno City Council Deor Mr. Brqndou, On beholf of the Fresno Building Heolthy Communities colloborotive we respectfully request to be qllocoted time following stoff's 2:00 pm presentotion on the generol plon on July 3lst lo shore our priorifies qnd volues for the 2035 Generol Plon Updote. We collectively represent the Centrol/Southeost/Southwest Fresno oreos thot exceed 90,000 in populotion. We ore o colloborotive of over 30 Fresno bosed community orgonizotions thot work together with residents to moke heolth hoppen in their neighborhoods. We wont o generol plon thot invests in existing neighborhoods thot creotes One Heolthy Fresno. This meons heolthy growlh, heolthy jobs, heolthy neighborhoods ond heolthy porks ond open spoce. We thonk you for your considerotion. Pleose contoct me directly of (559) 392-6012 to confirm our porticipotion of this Thursdoy's City Council meeiing. Sincerelv, Fresno Building Heolthy Communities cc Yvonne Spence, Cily Clerk Councilmember Oliver Boines Councilmember Clint Olivier Councilmember Sol Quintero Council member Lee Brond Councilmember Poul Coprioglio Councilmember Blong Xiong ro 4949 E. Kings Ccnyon Road I Fresno, CASS72T-3812 | (559) 244-5710lFresnoBHC.org City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-203 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL DATE:July 31, 2014 FROM:YVONNE SPENCE, City Clerk City Clerk’s Office SUBJECT Actions Pertaining to Initiative Measure to Repeal the Four Year Water Rate Plan and Required Council Action. RECOMMENDATIONS Presentation of Report to Council pursuant to Elections Code Section 9212. Council must take one of the following actions: 1. BILL - (For Introduction - Adopting the Initiative Measure Repealing Resolution No. 2013- 143 that adopted the Four Year Water Rate Plan and Resolution No. 2013-144 that amended the Master Fee Schedule adjusting the water rates; or 2. RESOLUTION - Submitting to City voters the 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. 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 Imitative Measure to Repeal the City of Fresno’s Four Year Water Rate plan was approved by Council on July 17, 2014. Council also referred the initiative measure to staff for a report on its effect on matters listed in Elections Code Section 9192, by July 31, 2014 (Attachment A). BACKGROUND On August 15, 2013, the Council adopted Resolution 2013-143, a resolution adopting a four year City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-203 Agenda Date:7/31/2014 Agenda #: water rate plan and Resolution 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218. An Initiative Petition was received by the City Clerk on June 25, 2014, regarding Resolution 2013-143 and Resolution 2013-144. 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. The City Clerk issued a Certificate of Sufficiency of the Initiative Petition which Council approved on July 17, 2014. The Council also referred the initiative measure to staff for a report on its effect on matters listed in Elections Code Section 9212. (Attachement A). Elections Code Section 9215 provides that when the Report is presented to the City Council, the City Council shall either adopt the ordinance within 10 days or order an election and submit the ordinance without alternation of the voters. As such, Council must take action on one of the following alternatives: a.Take one of the following actions: 1. BILL - (For Introduction) - Adopting the Initiative Measure Repealing Resolution No. 2013- 143 that adopted the Four Year Water Rate Plan and Resolution No. 2013-144 that amended the Master Fee Schedule adjusting the water rates; or 2. RESOLUTION - Submitting to City voters the 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. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Election Date and Cost: November 4, 2014 $55,000 to $75,000 Attachment: Attachment A - Report Attachment B - Bill Attachment C - Resolution City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADOPTING INITIATIVE MEASURE REPEALING RESOLUTION NOS. 2013-143 AND 2013-144 ON THE FOUR YEAR WATER RATE PLAN THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL WATER RATE INCREASES. The Ordinance entitled "lnitiative Measure to be Submitted Directly to the Voters" which is attached as Exhibit A, is adopted. 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. Ht IH ut Date Adopted: Date Approved Effective Date: City Attorney Approval : Page 1 of 2 Ordinance No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. ctrY oF FRESNO ) 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 meeting held on the day of 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approva l/No Return: 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 [65300e1b llyl Otd 07 231 4 ,2014 ,2014 Page2 of 2 EXHIBIT A INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of tle proposed measure: Title: INITIATTVE MEASURE TO REPEAI, CITY OF.F.RESNO'S F.OUR.YEAR WATER RATE PLAN AND RELATED WATER F'EES SummaIry: A "yes" vote on this measure would repeal water rates to be charged over four years that the X'resno City Council adopted on August 15r2013, 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 waier 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. Horyever, it would delay the City's work to repair and improve the water system. TO THE IIONORÄBLE CLERK OF TIIE 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 F'resno do ordain as follows: SECTION 1. STATEMENT OF' F'II\IDINGS 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. 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 C. The revenue from the new increased water rates is The voters of the City of Fresno desire to repeal set to pay for over $410 million in new projects and the recent water rate increase in accordance with will cause the City to borrow of over $320 million - Section 3 of Article XIII C of the Constitution of the more than doubling the debt the City owes for the State of California. Further, the people of the City of current water system. Fresno, and on behalf of ratepayers outside of the City D. A big part of this rate increase is for the payment of who receive their water services from the City, desire the new debt, causing the ratepayer's water bill to that the City repeal these unsound and unfair rates, nearly triple by the middle of 2016. and call on the City to undertake a ne\¡y, sincere and E. Over two-thirds of the cost of the new projects is comprehensive look at adopting water rates that on the City's southeast side where the City's Draft reflect the City's legitimate costs of providing water 2035 General PIan calls for urbanization of prime service without creating huge new debt obligations agricultural land within 20 years. Apparently this and subsidizing future development and other non- water rate increase scheme is designed to allow the water related City endeavors. City to significantly expand its boundaries and Any future rate setting process should respect promote urban sprawl. 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 s upp ressing 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 WATER 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 2013-144 is hereby repealed. The full text of Resolution 2013-t44 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 City 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 Fresno's water system. For example, one rate will rise over 450"/0. On June 27,20L3, 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 failing to provide a meaningful opportunity for expression of protest by the elimination of the tenant notice the process was additionalþ 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 justify further indebting the City, in part, to bankroll urban sprawl. The new water rates do not reflect the needs and resources of ratepayers 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.It creates too big of a burden on any individual utility customer, particularly in a City that has alzrge number of households with fixed, low and poverty level incomes. The people of the Cþ 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. Signed: /s/ Diane Smith /s/ Steve Wayte/s/Dous Vaeim Diane Smith Doug Vagim Steve Wayte RESOLUTTON NO. 2013-143 A RESOLUNON OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, RAT|FYING THE PROPOSITION 2f8 PROCESS ACCORDING TO CALIFORNIA CONST|ruTþN ARTICLE XIIID ANO ADOPflNG A FOUR YEAR WATER RATE PI.AN WHEREAS, on June 27,2019, thc Departnent of public Report to the city council, and thc city council d¡r€cted sffi to 218 process on tho proposed water ratês, as ouflined in lhe Reoc WI{EREAS, on June 28, 2013, staff mailad üro Notir:e of propory ou,ncrs served by tho Dcpadrnent of public Utilities, as 218 (Cal. Const Art XtllD, g G); WHEREAS, the Notice of public Hearing instrud file a protest on the propoeed water rates, in âccordan ropllmtrers on how to llElifomia Constitr.¡tion 1. Article XlllD;and WHEREAS, the proposed uater rates obligations, resetves, and costs for within the service areas; and Vì'ÞIEREAS, Financial Plan and Clerk's Ofüce. NOW, based upon he 15,2013, Ddo Arloptcd: 0811512013 Datc Ap prcved : O8f26 12013 Effecüvc Date: 08126f201 3 fund capibl projacts, debt curent service levels supported by the ïfater Utility whictr is on file at City Halt in the Cú tesümony prerentcd at the public Hearing of August lVritten protests were presentcd to prevent üre prcposed imposed; and water rates set forlh in the Notice of public Headng, to take1!,2013, July 1,2014, July 1, 2015 and Juty I ,1016, a¡e by the Fee Stucty vìrhich is incorporated herein: and Ratifes the Proposition 218 process and adopts the water rates recommended ry- .t.ht Department.of Public Utillties, as set fo.rtn ¡n the Notice of pubtic Heàr¡ng to all property owners; and 1 ol2 Resolution No. 201$,143 4. process, in accordanæ wÌth the erfrective rates adopted as part of this Resolution. CLERK'S CERTIFICATION STATE OF CALTFORNIA ) COUNTY OF FRESNO ) ss. crw oF FRESNo ) I, WONNE SPENCE, City Clerk of the City of Fresno, rcsolulion uas adopted bythe Councilof the City of Frasno, at a on üc 15th day of Ar¡oust . 2013. AYES NOES ABSENT ABSTAIN Baines, Brand, Brandau, Caprioglio, OMer, Quinþro None None Mayor Approval/No Retum: MayorVeto: Council Ovenide Vots: 2013 2013 2013 2013 WONNE SPENCE, CMC City Cþrk 2oîZ August 16,2013 RECEIV¡D n#H:l*!'BJtsjÆMayorAppiwal:TO: MAYORASHLEYSWEAREMIUEZO ÂIIII:flrI Üffii'-TTå,O,FRoM: woNNE sPENcE, cMc [glI4QlERí. Fnrsilt cACitY Clerk - - 0-- -r' I 'r-v"' SUBJECT: TRANSM|TTAL OF COUNCIL AenON FOR APPROVAL OR At the Council nneting oÍ 8,1151i2O13, Council adopted the attached entitled Raüfylng the Propocltlon 218 proe.ûr accordlng to Arüclc XlllD and adoptlng propoaed wabr ntes under a four No. 5:00 p.m. b. by the following vote: Ayes Noes Absent Ablain Baines, B¡and, Brandau, Caprioglio, Olivier, Quintero None None Plcase indlcate either your formal approval or veto b plefthe following sections and executing and dating your action. Please fil-e the comp mo with the Clerk's officc on or before August 28,2013. ln computing has been excluded and the tenth day has Sunday, or holiday, ln which case it has the Clerk's ofüe,e within he resolution or ac'tion, and it Thank you. VETOED add OVERRIDE ACTION: Aycs Noes Absent Abstain periilfequired by Charter, the firct day ¡þunless the lOtn day is a Satuday, Failurc to file this memo wiür consfr'h¡te approval of the ordinance, the Mayofs signed approval. (Written object'lons arc required by Charte6 attach Date: Date: I ig fgasons: RESOLUTTON NO. 2013-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING TI{E514h AMENDMENTTO THE MASTER FEE SCHEDULE RESOLUTION NO. 8o4,2O TO AD.'UST WATER FEES IN TI.IE PUBL¡C UTIL]TIES WATER FEE SECTION ACCORDING TO PROPOSITION 218 BE IT RESOLVED BYTHE COUNCIL OFTHE CITY OF FRESNO: THAT thc Mastor Fcc Schedule Resolution No. 80.f20 be and is adiust water feec ln thc Publlo Utllltlcs Watcr Fee Sectbn in accordancs ard Rcsolution No.20l3-143. The rcvised pegca of the Master Fee Éûlbit "A'and are hercby incorponted by refooncc and made a part shall update the Ma¡tor Fcc Scfiadulc annually durirq the budgot proc efrcct" as adoptcd ln Rosolutlon No. 201S1¡lô. THAT Ëcc chall bccomc cfiactfuc Scptcmbcr 17, 2013. CLERKS CERTIFICAT] STATE OFCAUFORNIA COUNTY OF FRESNO CITY OF FRESNO I, WONNE SPENCE, City Clcrk of cedify that lhe foregoing Resolution rvas adopted by thc Council Califomia, at a regular meeting thersol held on the 15th day of ) )se. ) AYES : NOES : ABSEM: ABSTAIN: Baineg, Brand, Olivier, Quintep l,lone None Mayor Mayor Mayor tÞtcAdopbd: t811512013 tÞte Apprcvcd: 0E/262013 Efrec{vc Dato: OilflnÛ13 2013 2013 2013 2013 Resolution No. 2013-14[ lc$doc¡rn¡nt¡ì¡r¡oiffct¡ìz013 rrrolutlon¡lruo 201$1.14 mß 5l4tñ w¡t¡r nb imr.dOCX WONNE SPENCE C¡TY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY DEPARTII'ENT OF PUBLIC UTILITIES WATER DMSION WATER FEES r\ \ Water Servlce Charges, Flat Rate (shgle-ltamity only) For Prcmiscs conahing only a sinlge-family residence, the totel :harge shall be the basic rate plus appl'xálc additionalchages. Basic rate (per month): Fist 6,000 squarc feet ol less ol lot s?e Each addilional 100 square feet Senior Citizcn (62 years or older) meeting allthe conditions listed belovv: 1. Singlc-family rcsidents onty; I 2- ServicE must be in name of senbr citize4 | ----1t+7 -î --3S€6------.----4¡e4 11,79 4 ____€-9g --3S8 0, 25.41 0.251 Deletr Delete Delete Delete 4 9 I J- LTGCUPãnrS Or fEsroeilS ]nUSI O€ S€nþr CtIUen Or dm¡nr{anlc af caniar nilirm lnal ln ay¡s{ lhraø \ per residence); 4. Bencfitling senior citizen must notiry th lorBerqualiff. Bas'rc Rale þer month): FiEt 6,000 square feet or less Each additional 1(Þ square fe (t All f..! ef,cctlvc O7n1n3 unlrs¡ olh¡rri¡o not¡d llFS Amcndm.nt t5l4 (Augurt 2013) 18/5201 $:a8 PMI Page I CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY I charyc shall bE eûandby monthly mebr seruice charge quantrty charyo based on usagc Motor Scn¡icc€þnCby ChaEc (motcr slze æ¡ month) N¡w Næ Nrw New Nqr Nar N¡w Now ]{üv llgw Ncw New Ncw Ncw Nür All lrr off¡ctlY¡ mß1r13 unltr¡ olhctui¡¡ noú.d iltFS Anrndm.nt il514 (Augu¡t 2013) [8/fl013:]]{8 Pt[Prg¡ 2 CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY Prtu'atrt{pnil f-inch l-1Z-incfi 2-lndr 2-1f2td3-indt 4indr èinctr il€il, N¡w l,lgw NGr I{r, l.þxt Nr All lbe¡ ¡llrollv¡ O7r0lrf 3 unlcs¡ olì¡rwl¡. notcd llFS Am¡ndment #6la (Augu¡t 20lll tUs,z¡oi3¡Ì,to pMl Prgr 3 CITY OF FRESNO I,IASTER FEE SCHEDULE AMENDNilENT DETAIL DEPARTiIENT OF PUBLIC UTIL]TIES WATER DMSION lntroductbn The Water Division contraated srlth MunirSal Financial Sen icEs in Junc 2010 to cmduc{ a ratc study. The brcad objocthr. otho stu<lywas inilialtyb wicwthesholt#m rwGnue Fnsnol llrlatcr Enterpdcc for FY 2012 þ FY 201ô ürrcrgh lhc inplcmenûatin of cost of mcthodologieg. subs¡quntþ, thc ratc atudy uras revisedb fur¡d water sptcnr lirnding ürmugh Fl2017 and thc wbt¡r tlifity Flnanciat Plan And Rat€s study Frral RcDort (R¡ March 2013. Thc study was b¡¡od Won a cenpchensiv. rwiew dthc Cily d r+ortq uyaËr systram phns; billing lnfomation, sudr as e¡Sornor dæs¡s and capltial improvcrncntc projcctq bond covcnæb; pnþcted rystem opcnilione ad infomdion dccmed 4plicablc. Following is a summary of hor tha ¡rcormanded clranges to rratcr tho poposcd ntc¡ is abo üdrcd. Ratr$ülng Prccrs¡ Tln study was conducfed uring thc lUlow'ng steps of 1. Rcvenue Roquircmenls -Thc amountof revenue sufficient revenuc b mcat thc fullo,vlng thrac a a a Cover all operational and malntanance Saüsfactbn of dcbt s¡rvico Maintain a prudenl lewlof fuld 2. Gostof€eruico - Allocatcs th¡ ¡svenuc equitrablc manner 3. Rat+Docign-Con¡il¡lr rcquircmcnb f¡øn e.ch clasc Rcvonu¡ Rrqulrcmrntr Thewdorsyrtem o&M rcpah, etc. These and and A¡! L¡¡ cfiocfvr 07r0lrl3 unbr¡ oür¡rwl!. nd3d MF9 Am¡núnrnt l5l4 (Augurt 20lt) l0,trr20is:r:,ts pMt rdtlwl.r. d4op€d. A trable sholing dcpendcnt upon producing ssndcc elçcnd (net of non"rata lwenue) wlir¡r¡s c¡¡dorner classa¡ of scryicc in a fair and the rsb dccign to colec{ the dlsüËuted roìrenue *r compdsed of fivc basb categodæ: îl 2014, the Cit¡/s O&M e¡çendlh¡Fr alc buûptêd at S4g.3 mlltíon. as bbor, chcmlcals. power, uaterpurclæcr, parts, equipmenû, oontrad rc dr¡c to negoliatcd labor contræt increæec; irfaffonary incraasss for goods with morE stinçnt stete and Êderal waterteÆnent rcgulations; op€ratíon and watersyslem componenb; and repairand maintenarrce of old, failing thc prcjcc{ion of O&M êxpêndituru incrcases belfond Fy 2014, as a factor ln lT¡tt¡ru rate increases. These incrcases increased to $55.6 mfllion peryear in1l2O'l7,which irclude a inflation factor. Pagt 4 CITY OF FRESNO MASTER FEE SGHEDULE AIIENDMENT DETAIL Etn¡nn ,rìrE¡\ ¡- -¿¿__- The City has dwdopsd a compr€hens¡vc !{later Capital trprolementProgram (ClP) to addres¡ ct rtot anq ru¡uß ìmtcr srcbm necds. fncsc prp¡cctcO ;*r. ¡";ld;;ilöannuai inflation faclordue b anücipatsd increase¡ in ænsrr¡dþn costs owilhnc. Thi¡ ¡nnarf¡n øtaìscrnsorvative €st¡mâtc and ell.eures üat thc cily has adcquatc Ësouroê8 reseflcd to compbrc thàpqbas. Thesa prcjccts arc nquûed to lrvarss the declining watcr table, rcplace aging regulatory rcquiruments and ms.t opêretonal demands. GIP profect expenditurer planncd fur Fy 14 through Fy 17 æ rccommcndcd in the $410 million and are summadzed in üle fofbuving êtcgoÈ¡ along with thetobl exl. SE SuÍæa Walcr Treüncnt Fadmy (SWÍFN226.6M. V\latc¡ Maln Rcncwal-i55.3il. SESWTFTrapmbstonpipcilncs+49.6M. WdorVllcllCon¡tlr¡dior$32.BM. T4 Dalntonn Telù & Booder punp Station{9.7M. City Reúarge Ba¡in¡{/.lil. l/ìlãlcr Main E¡rtcn¡lonl$8.4M. Dqyr¡town Vlfåbf Ð/!t€rn Upgndcs-g4.. 19otherwncrc?ilâtpÍdêcts-$17-gñt The CIP is to be funded through a corùlnation of ry¡tcm million) of thc $410 miltion is prclected to bc tundedôde lbond linanclng. Approdmatsly 7go/o 1g325 Bond issuances arc scheduled îq 2}il añ fom watcr ratcs. Thc Dlvision will of this study, no rcvenucs werc and intcrcsl pa¡nents are apprcxlmately $tS.S ttatc loan and onc loan lhrough the Freenopaymcnt8 ero prcjedod to appoxinrtc $3.3 miflkm in Fy b?gl1¡r-nS lnFl-2017, is projected to be approximately $+Z.Omadc in 2O14and2019. 2016. The rcmaining expcnditurer a¡e funderl oontinuc to pursue grant and lorJdere¡t assumed from lhesc sourca¡. Debt Scrvlc¡ - Thc City's exirting mlllion brthrcc bonds, üìruc lnþalion Didrlct ilaw debt 2014tor a totalof $'19.0 million pcr yaar if the t¡vo to flx, prcsciba Net Revenues meel this fve amount IFE-- fu a c_ondnion of bond issuanccs, the city must mako rare covenante and dìeEe3 for the v\leter-system each lbcal ycar, which wlll al least yield of üe estimated Dabt Seruica. Thc proposcd ráa ¡nseãse¡à'"¡;ú;ä't" s durlng üc srudy pedod vary trqn 1.4T in Fy 2014 to 1.53 in Fy ZOí1.- - - n brg-e.¡ fu_nd belanoa (rcscrues) was devsloped for the entcrpñec fr¡nd to providethatwillenable lhe cfty to adjust to unexpêctod chançs ¡n accounts nceivable fiom ïfffi]i:T:i-I_99y_e_xpen-ses and emersency capirat cosrs. The worktng capttat E tT_1?T:!*1! b_atancr is based m 45 <rays or annuar o&M'orpinses A;#icãr¡;;#iffiï; annual o&M oçenses for pumpiq power and source of supply. The thlld componenl is a ñr(edcapäaloçeno¡Erês nd budgeted as part of the ""óiiai irptou"r"r,t ürcrr. The totalenteryrise tund targct balancc h Fy 2013 ts $1S.0 miilion and increases to OIZ.O million in ñ Zlñ. All fe¡r ¡fi¡cllv¡ Oll0lllg unle¡¡ othcrr¡l¡ notsd llFS Amendm¡nt #31¿t (Augu¡t 20t3) [E/520133:tE pMl Prgc 5 CITY OF FRESNO MASTER FEE SCHEDULE AMENDIIENT DETAIL Co¡t ol Scrvlcr Methodology Thc key steps in the prccess of determlning oostof-seruice waler ratcs includc:l. Dctcrmlnhg, a¡ patt of ütc 5-ycarfinancial plannlng proorss, btalsystem rgv€nue rcqulæmcnt2. Forccasüng watqr dcmand fur ths total system, and for each q¡slomcr rate s{ass;3. Assignlng the rêvcttuc requiæmcnt frrom wder ratss to fundionalcost categøies such as4. Clatrfilng tlrs nvcnuc rcquircrncnt fiom rrrabr rates based on lhc engineerhg desþn and/or5. Dctcmining tha revcnuc ruquirrmcnt fronr wabr rates br spæific orstomer ¡atc da¡sesh,ar6. Tho llnal step h lhe ntamakirp procêûs is rate design. This is thc prccess of R¡corun¡ndad R¡to Stn¡ctu¡¡ Thc total anrcunt d ævcnuc requirad lirom chargcs ls allocatcd b€fituccn a¡ounts io coct ruadlng, storagc, Monthly Meter Seryice Charge - The dcvcbpment of rcco¡nmcndcd met based on cost of seruice pdnclple¡ lnvolr¡cc allocathg rovenu. requiremenle that are hdcpendent of w'ong lhrcc catcaodcs of sclvlcc chergcs and flom lhe quanlity clnrge. This is æomplishcd by firt allocding co cabgorico - tho¡¡ llnt an indcpendent of thc ¿nount of rvabr u¡e (for o nptc, billng, cost¡ and dividing thosc dollar amounb by the projccted forthe monhly rnctcr scruice charge b recommended at compongnl¡:¡ Accounts; 13.4% - costs that hclude, but are not and valvcs. customo¡ c.rv¡cr and collccling oçonsss.. Domcsüc use: l¡[.0% - costs that I melers and serv'rce¡ that provlde water for. Flru geruice: 8.6% - costs that incl or eqlglênt rnctêrs. Thc total perccnt am5ng thc follorving lhrse cost bllllng, customet accounling, to, thc mainlenancc and capital cosls rclated to and lnigatron water). public firc hydrants and relatcd b¡anch maíns cherym bascd on cost of servicc principler ls bascd lhr of a¡pply ad pro<ludlon of water and dMdlng thst dollar The perced of re\renuo requind from rate¡ to bc rccowrcd l¡om sfcÊnl,ag€s af9 compldely dependent on assumptbns dproiectul water projection secdon). A maJorchanç in lhe proposed nvjsed rate struc{ure chargas (SFR and Custorncrs Other than SFR) wih a singlc quantity - lt is recommended that the City adopt thc follovving additional changcr in charges for irrigatbn meters (delete fire ootec{ion comooncnÙ- Cllizens. Thc cost of scrvice based m€*dr charges and i¡uantit!' charges for Fy ft""H4. Adlu capacrty. havE an allowance for sen¡or c'itizen custoriìers. Thc allwvancc for scnbr cithen customers prcjccted residentialflat charges witl phase out when all residential cuslomcrs are billing. f¡rc scrvbe meter servicc charyes to include the accouni and lîre servica components and cxclude mctor sorv¡ce chaqes for pdvate hydrants and for meter sizes 4 inch and smaller to thc same rEted 5. Reassign lraval meter charges to üte same 3 inch meter rated capacþ. All fer¡ ¡ff¡otlv¡ OTlOlll? unle¡¡ othemri¡c notcd MFS Amrndm¡nt #514 (Augu$ 2013) lUszots3:1E pMl Quentitv Charoe- Thc on allocding rGwnue anount by lhc pnrJcctcd qulnt¡ty chaqcs is 66%. usc for Each customcr ls to rcplecc lhc Pagc t CITY OF FRESNO MASTER FEE SCHEDULE Ai,IENDMENT DETAIL 6. Dclcte Other Miscellancous RcsËcntial Flat Rate Chargæ - Cunenüy there are oürer miscellaneous that are applicablc to rcsidcntial custromere wilh flat chages. The dhcr charyas are for Charges fur Units, Air Condilioning / Refþemt'on Units and Discfiarge llliãle inb a Dry Wcll, Thesc charges will as they bccomc obsoletE dus lo the implementaûion of ul¡lity bills basêd on metercd waler use.7. Eliminatc Wat¡rTrcatment Chaqe. Fluoftlation Charges - This Prognam afleded c¡¡stomers and wEs projected to recover approximately $271.000. As of July fd, 2013, the pqlm wai lhe¡efore, this ratc will be eliminated and the associated rcvenue not included in the rate Prior Backflo¡¿ Prevenlisn Prcoram Fee Amendmenb - lt shouH be noted lhat thc alrcady bcan amended. Dudng FY 2013, the City Council apgwed the change to havc cciliff bacHlwtt devic¡¡ and to l¡rstead rcquirc cr¡¡torrcr¡ wih backflow dcv¡c.! to cerlify annual basls using pÉvatc (non€ity) tæling service prwiders. City edimates of thc annual revised Bedrflov Pranentlon Program ara $262,0ü) and the neur alrcady been adopted by the City Gouncil and is in the MFS. R¡v¡nuc ProJcctlonr of$3.00 per lnFl 2014, thc proposcd 25% lrænaso in rswnuc frorn customer user charges. This is based upon a projectbn of numbcr and type of scrvice conneclions and any proposed intended to be slightly lowerthan whatwould be scenarioo to help insurs lhat sufücient r€venues categories of watcr service accounts: . W-Tha moslly complgted in FY 2013. lMthoul proiecled walcr conseilation, SFR accounts w¡th mete¡cd eetimating pdor SFR fld rate using the rccent short-lcrm resldenüal accounts is study pedod. The a serv¡cE and cuncnt numbcr ol Al! fcet eff¡cüve 07r0lrl3 unles! otherwise noted MFS Amendmcnt #tl4 (August 2013) [8/5¡20133:4s PMI have test and on an the dcvicc has $72 mill'ron in annual and lhe prolected growth in the use prcjectbns ln this study are condiliong and realistic deneloprnent is dMded between the follorving two from unmelered to metered connedlonswas for a fully metercd systêrt and the impacts of For purposes of lhis ralc str¡dy, lt is proJected that (on an average annualbasis). This is based on metered usagc and eslimated losscs from tol¡al uater productbn, and Êctoñng in a ænsenation perccntage. The number of and proiecled to gror by an a\rêragc of about 730 per ycar during lhe from both monthly seruioe and usage chages is $41.E million. aecounts ara categonzel as gtther comrn€rcta!, tßgaton, pnvatg ttfo for commercial, schools, indusüial, mun'rcipal and mullipta family. The pÉvate fire seruice and tavel meter accounts is approximately 22p00. accounts with the remainder inigation (14%) ard pdvate fire serv'lce (14o/o).Tnuel 13dþe total number of dornestic, inigation, and pñvata fire scrvicc is pmjected to increase for the sturdy period. The estimated water usageforlhese accounts is based on prioryear have been metercd for many years. For the nale study, water use is projected to use from neruv connections offset by consewation. The total estimated revenue from boür and usage charges is $30.2 milÍon. Pago 7 GITY OF FRESNO MASTER FEE SGHEDULE AiIENDMENT DETAIL Rab Recomm¡ndatlon To acæmpl'ch thc objcctives €stablÊhcd by the aaluation criterh it is pcommended ürat the bltodng incrcases tur r€vrruc frDm lãtcs bG adopbd in thc MFS: raconsilþred cæ.h fiscal year. A copy of the Water Llüfty Finandal Phn And Ratæ Study Final Repat is avalbbls All f¡c¡ efr¡eliv¡ glß1n3 unlæ! otìorrrh. nobd ¡lFS Amcnôn.nt l5l¡l (Augu¡t 2013, 18r5t2013:!:.0 PMI -fit+jisFE Prgc I GITY OF FRESNO MASTER FEE SCHEDULE - contlnued I analysis/per hour er hour Mlscellaneous non-enforcernent chargedper hour Water Servlce Chargcs, Flat Rebt*. (singl+famlly only) For premises conlaining only a single-family resideneo,the total charge shall bc the basic rate plus appticable additional charges. Basic ratc (pcrmmth): F¡rst 6,000 squae feet or less of lot size Each additional 100 squarc feet Senior Citizcn (62 years or older) meeting allthe conditions listed 28.32 5140.286 514 Amond Effee*¡ve 9¡t#!008 beloa 1. 2. 3. Singlefarnily residents only; Service musl bc in name of senior cítizen; Occupants of resíder¡ce must bc dependants of seníor citizen (not to per residence);4. Bcnefitting senior citízen longer qualifr. Basic Rate (per month): Firsú 6,fl)0 square foot or Each addílional 100 All fees effeclive Oll01l13 unles¡ olherv¡sê noted MFS Am€nùnent #514 (August 2013) [B/s/201æ:as pMl Delete Eþfete Dclcte DelEte in MFS Amencknent #514 shall take effect on September 17,2013 arÉ shall be adjusted annualty by Êudget process to reflec{ tln rates in effect as per Reso No. _ . ete wliRf, scrvce charges for single family residential customers shall sunset âs ofajaa|¡eryJî¿oia 30' 2014 or until all single famiry residences are metered, whichever comes ñlst 2s.49 5140.257 514 514 305s e304 11,78 ++99 5€9 +€8 Page 9 GITY OF FRESNO MASTER FEE SCHEDULE . ] PUBLIC UT¡LITIES DEPARTMENT" :. Watcr, Mrt¡r¡d Seruicc Rate tofralcharç st¡all be ÈaÔ', monthf mcter seruicg charge plus quantity charye based on usage. Water Mdcr Serv¡ceSlant by Charge (metsr size per monlh) R¡ddanüel 3/4inch or smaller llnch 1-1l2-inch 2-inch 9inch 4inch 6-inch Einch lùinch l2inctr llonrr¡ld¡nü¡l 3/4inbh or ¡maller linctr 1-1Zl-inch 2-lnch 3-¡rE r 4Jrrch Nar New New Nsu, Ilcu, N€st t{eu/ ¡¡sw NGw l{.w ¡¡oi, l,lüp l.terr lþr, Nai, Nar New New Netr Na,u l0 74.60 1¿t3.00 225.00 320.m 593.æ 514 &inch tHrrctr lorinch l2inch lnigflon 3/¡l-inch 'linch '1. All fre¡ cfrccllvr Oll01l13 unlcss othe¡uiro notêd llFS Am¡ndmcnt #514 (August 20t3) 18/5120133:48 PMI r1.00 14.10 21.W 31.10 55.E0 8:t.50 r61.00 25:¡.m 361.m 670.00 9.70 11.90 17.40 21.@ 41.50 61.30 116.ü) t8¿00 250.00 478.00 514 adopted in MFS Amendmentfü14 shall t¡k¡ erfrd on Scptcmbcr '17,2013 and shall bc adjusted annually by th€ budget process to refred he rates in efiect as per Reso No. - R€3r+ler¡008+0F P¡ge t0 CITY OF FRESNO MASTER FEE SCHEDULE WatcrQuentity Ghaqe: Al Gulomerclæses Each 100 Cubic Fecr (HCF) f+eegdeñeWWffeegdef,. Water drawn from a fire hydrant / Min'rnum per month Wells, private (used lor inigation or commerciat purposes ntren rcqulrcd to bc metcred) Each l-lCF 1,fi)O gallons Bacldlow Prwcntlon, Prcgram Fee Per aasembly/per month Fr+llydmtt¡on-pri€leprepedy{per-menth) Prlvfo Fl¡rSorylco Pdvac Hydnnt lirdt 1-1Z-tnch 2-irx r 2-'lf2-inch +¡ndl &inctt tl-inch New Na,y Nan Nar l.¡gtr New Nar Nor Ì.¡sìr, t¡cuv 37.60 37.60 37.60 37.60 37.60 37.60 66.70 106.00 150.00 n4.oo Delete 512 Effed¡'ve 1nnus Amêñd Sffeel¡ve 9ft{t008 514 All fc¡¡ cflcctivc 07r0lrl3 urle¡r ollren¡¡¡o nobd MFS Amendment#514 (August 2013) fsrsnol3:l:{s pMl & rent*514 shall takccfÊcr on scptgnbcr 17.2013and shall be adjusted annualþ by to reffect lhe rates in erlbct as per Ræo No.-- R*¡¡e{007+È Prge ll CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT F¡re Pr€teeüen Aeþrla @ -S{nsh-Clam*er+Ftafg€É{diameþ+Jneh+e+month) lrrlgation of City€wned Property, l,lot Mds¡.d 100 square feet Pcr menth Pcnalties Fire hydrant, unauthorized use / first violation Each violation after first violation Fire hydrant damage repair fee Excavation not required Excavation required Delinquent notice Sewer connecllon, defened delinquent Returning travel meter Conditions of service FMC 6-s20(d) Water Wastage Services, fourth incident)' conservalion class attended)* fiorn second incidEnt if a 2.00 + accumulated intere$ & principal installment 10.00 45.00 45.00 500 45.00 45.00 45.00 was attended)' defened for first incident)' in MFS Amendment #514 shall take effect on Septembor 17,2013 and shall be adjusted annualþ by prooÊss to reñect the rates in effect as per Reso No.- Res' l'le' 2007 7S are effectlve 9/1/08 All feos eflective 07101113 unless otherulso noted lìlFS Amendment #514 (August 2013) t8/5/20133:48 PMI Page I 2 CITY OF FRESNO II'IASTER FEE SCHEDULE Pcnaltle¡ (contlnucd) lllcgal connection / per viohtion (Scc Sewice Work fordsconneclion, damage, and reinslallation of servica afrcr fi rst incident.) Delinquent Payment Utility billings / per billirg for water, sewer, sanitdion, and/or solid wase seruice if unpaid balance > $10.00 l.lotificatlon to disconlinuE serviæs for non-payment of utility chages: Customers / pcr notilrcatiøt Customerc with tsnants I per tenant nolilied at a single billing address Minimum Research project fees'/ per hour Discontinuance sf s€rvice for norpayment and service afler payment Per Discontinuance / Restordion NOTE: The abore fees are Collection Section of the Service Woil (ælated to Blind washer/ per service Service Padlock on curb stop lntentional lntentional After-hourc 15.00 219.00 368.00 10.00 406.00 lOWo 169.00 510 Box (Gost & Oveñead) Stç/Curb Stop & Overhead) of sewice (except MFS Ameridmfit #514 shall take effect on Septrmber 17,2013 and shall be adjusted annually by budget ¡ocess to reflect the rates in effect as per Ræo l,¡o. RsÊ, Ne, 3007 79' 4il All fo.r effectlv¡ 07r0lrt3 unlest oth.rwbe notrd tlFS Amondmcnt#514 (August 2013) tu520l3:Ì.18 PMI PUBLIC UTILITIES DEPARTMENT P¡ge l3 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT Water, Temporary Servicc' Residential (rþrHnetered) Each 24 houn Each additionalday Singlc Family Residentíal (metered) Fire hydranl permit Fire hydrant vwench deposit &ínch meter, turbine Deposit Oeposiß required shall be refunded upon the return servíce charges due and the cost of repair or replacement cosls will be tilled to the Well Drilling Permit and Examinaüon Water Supply Well / each Monitoring Well 1 to 3 / per application Morclhan3/per Well lnspectlon, psr Well Abandonmenl (when not ready on Destruclion Fee (per call back) +Deily Ratê based on SeeWater Service 487 Effective 3nno10 500 shall be made for water equipment. Any additional 175.00 295,00 +50.00 62.00 238.00 174.00 46,00 78.00 2E5.00 133.00 500 500 500 500 500 500 sunset as of January 1 , 2013 for customErs on a metered rale MFS Amendment#514 shall take effect on Seplember 17,2013 and shall be adjusted annually by during the budget process to rellect lhe rates in effect as per Reso No. . R€êrÀl€r¿€e7+O: All fcr! effectlve O7lO1l13 unlcss olhctwisr noted MFS Amendment û514 (Augurt 2013) t8/5/20133:ao PMI WellDeet¡uclion Monitoring P¡gc 14 CITY OF FRESNO MASTER FEE SCHEDULE Salc of Surplus DiÉ City load / per yad of dirt Customer pick-up / per yard of dirt Dgfarment of Paymcnt applicable to existing singl+family residences Same basis and fees as sel ¡ar connection charges. Frontage Charge Front foot or fiaction lnstallatlon Charges Meter & Seryice lnstallation (when installed together) l-inch 1-112¿nüt 2-inch Minimum residentíal service connections: Lots less than 20,000 squarc feet (1-inch) Lots 20,000 square feel or greater Meter lnstallation (when installed on f -inch 'l-1|i2-inch 2-inch Larger than 2-inch (FMC God plus Service lnstâllation Service to Sec FMC M 489 415 reduced the curb 1 e'507(a)(3) t f'No.101 No.201 No.301 No.401*'No.501 All lc!! eff¡cllvc O7l0'll'13 unlas¡ otho¡rrllc noted MFS Amendmsnt #5t4 (August 2013) fu520133:,fB PMI operty line and house) can be , fixtures, etc., as prorided in tap, service line, corp stop. 330.00 455.00 530.00 1Wo/o 4178.00 2,363.00 2,486.00 100% 160.00{t -0- {-{-{- 56.00 & 438 P¡ge 15 GITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT' ' Transmlsslon Grtä Ma¡n (fGM! Ghaqe For parcels in the UGM area, TGM charges are depodte¿ in saparate UGM- TGM cùarye sefvice ar€ accounùs. Aggregate gross area: Lcss than 5 acres Net acre or fraction Mlnimum charge 5 acrcs or moÍê Gro$ acre or fnaction Transmisslon Gdd Maln Bond Debt Serice Charge pcr FMC Section 6.50{al(8) Less than 5 acreE Nct acre or fraclion Mlnimum charge 5 acres or more Gross acre orfraclion UGM Water Supply Fee Single.Wcll Supply Areas (per gross No.114 No.86 No.90 No.91 No. 102 No. 107 No.113 No. 132 No. Areas (per unit") No.101-SI t (noilheast) No. 101-5 (nodhwesl) No. 201-3 (west) No. 301-5 (southwest) No.401-S "'(southeast) No. 501-S 243.00 172.00 417 67E.00 322.00 609.00 s11.00 609.00 609.00 385.00 356.00 356.00 ,108.00 379.00 557.00 563.00 s05.00 567.00 456.00 407.00 508.00 371.00 1,738.00 438 All fee¡ sffectlve 07//01113 unless otherwlso notcd MFS Amcndment *51{ (August 2013} lU5,:10133:,18 PMI Page 16 CITY OF FRESNO MASTER FEE SCHEDULE Well Head Treatmcnt Fec - Area (per unit-f t*No.101 t 1'No.101 No.201 No.301 No. ¡101 *No.501 1994 Bond Drbt Servlcs Fee - Araa (pcr unif'lf No.101t t No.101 No.201 No.301 No,401 '-No. 501 ' SErvlce Arsa No. l0l ræs establi$ed by the 1995 in accordmce with the provisions of No. rerna¡n in effect br da¡elopi€nt in the " Unit as defined in FMC 8-501(kk) "' 501 E neÍgency Measure,t For subdivision maps deemedt t For suMivision maps Water main size (pcr Alf l€es cflectivc g7l01l13 unlott otlrerwisc noted MFS Amendnent #51¡l (Augurt 2013) [Br5/2013:¡:¡rs pMl Dlrector on March 19, provisions of Resolution No. 9G18 Plan Area.Park 438 10, 1997 June 10, 1997 constructed to transrnission grid diameter area maximum (except as provided in FMC e508(d) surfacing credit for TGM in$allations (per linear foot): asphalt concrete Sreets ln existÍng non-asphalt concrete Sreets :, .,., t',;.,9urign!;.'.., i. li. See FMC &s08(c) 10.00 14.50 31.00 41.00 10,000.00 10,000 or construction costs, trùichever is less 6.00 or conetruclion cost. whichwar is less -ù i0.00 Psgo t7 August 16, Z)13 RECEIVED oouncilndoptton: ro: MAyoRASHlEjsvl/EAB:ryug6 ftflt,:ot ffHffi#* At the Council meeting oî 8l'1512013, Counciladçted the attached R entitled 514ü amondm¡ntto the llarter Fee Schedule Resolution fee¡ in th¡ Public Utllitics Walcr Fec Scction,ltem No. 5:00 Ayes Noes Absent Abstain Baines, Brand, Brandau, Caprioglio, Olivier, Quintero None None Please indicate either your formal approval or veto ¡ompletinqle follodng seclions and exeouting and dating your action. Please file the co with tho ClerKs offico on or before August 26,2013, ln computing thg ten day p l[uired by Charter, the llnt day ss the 10n day is a Sahrrday,has been excluded and the tenth day 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 addiüonal OVERR¡DE AGTION: Nocs Absent Abstain Failure to file this memo with approval of the ordinance, the Mayo/s signed approval. (Writbn obiections are required by Charter; attach APPROVED/NO BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CIry OF FRESNO, CALIFORNIA, ADOPTING INITIATIVE MEASURE REPEALING RESOLUTION NOS. 2013-143 AND 2013-144 ON THE FOUR YEAR WATER RATE PLAN THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL WATER RATE INCREASES. The Ordinance entitled "lnitiative Measure to be Submitted Directly to the Voters" which is attached as Exhibit A, is adopted. 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. Hr IH IH 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, ceftify that the foregoing ordinance 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: Mayor Approval/No Retu rn : 2014 2014 2014 2014 Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CIry ATTORNEY'S OFFICE BY: Tei Yukimoto [Date] Assistant City Attorney TY:elb [65300e1b ftyl Otd. 07 231 4 WONNE SPENCE, CMC City Clerk BY: Deputy Page 2 of 2 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: l of 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 | ¡e 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 safe 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 measure to be submitted to the voters is attached as Exhibit A. The ordinance without the attachments, shall be printed in the Sample Ballot and Voters Pamphlet. 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 AYES :NOES : ABSENT : ABSTAIN : 2014. Mayor Approval: Mayor Approval/No Return : Mayor Veto: Council Override Vote: WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tei Yukimoto [Date] Assistant City Attorney TY:elb [65247e1b/ty] RESO Rev 071514 ,2014 ,2014 2014 2014 3of3 Resolution No. EXHIBIT A INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Cify Attorney has prepared the foltowing title and summary of the chief purpose and points of the proposed measure¡Title: INITIÄTIVE MEASURE To REPEAL CITY oF FRESNO'S FOUR-yEAR W¡,inn RATE pLAI\ AND RELA.TED WATER F'EES Summarr: A "yes" vote on this measure would repeal Ìyater rates to be charged over four years that the Fresno City Council adopted on August 15,20l3rand cause the rates to return to what the bouncil adopted in2008. The City Council adopted the 2013 water rates to pay for increased costs to provide adequate waier that is safe to drink. The increased costs are caused by changes in state and federal driñking water-standards, depletion of ground water, costs of maintenance and repairs to old water pipes and othır parts of the water system, and the necessity to build a surface water treatment plant. If the current rates arı repealed, the City Council could impose higher rates again. However, it would delay the City's work to repair and improve the water systern. TO THE ITONORABLE CLERK OF'THE CITY OF'FRESNO: We, the undersigned, registered, qualified voter propose an ordinance relating to water rates, and petit Council for adoption without alteration, or in the alter at a special election pursuant to Elections Code section which it qualifies. The proposed ordinance reads as follows: The people of the City of Fresno do ordain as follows: SECTION 1. STATEMENT OF F'II\IDINGS 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 reyenue 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 currentwater system. D. A big part of this rate increase is for the payment of the new 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 Cityts 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 significantly expand its boundaries and promote urban sprawl. 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. Atso, 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 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 \ryATERRATE INCREASES In accordance with Section 3 of Article XIII C of the Constitution of the State of California, the People of the Cìty 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 City 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 F resno's tryater system. For example, one rate will rise over 450Vo. On June 27 r2013, 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 Cíty ofFresno this clearly eliminated a significant number of ratepayer customers from the Proposition 218 notice and protest process. Besides failing to provide a meaningful opportunity for expression of protest by the elimination of the tenant notice the process was additionalþ flawed because it also relied on inaccurate data, minimized the scope of rate increases, and adopted rates that are confusing and irrational and obviously structured to justify further indebting the City, in part, to bankroll urban sprawl. The new water rates do not reflect the needs and resources ofratepayers and far exceed the rates necessary to cover the City's costs of providing water selice 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.It 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 nevr, 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/Dous Vasim /s/ Steve W"yt" Diane Smith Doug Vagim Steve Wayte RESOLUTTON NO. 2013-1 43 A RESOLUTTON OF THE COUNCIL OF THE CIW OF FRESNO, CALIFORNIÀ RATIFYING THE PROPOSITION 218 PROCESS ACCORDING TO CALIFORNIA CONSTITUTION ARTICLE XIIID AND ADOFÍING A FOUR YEAR WATER RATE PtAN VVIIEREAS, on Juno 27,2019, thc Deparbnent of public Report to the City Gounci[ and the Gity Councit directed sffi to 218 proccss on the proposed water rates, as ouüined in tho Repc WI{EREAS, on June 28, 2013, staff mailed the Notþe of propedy owncrs serued by thc Degadrnent of Fublic Utilities, ac 218 (Cal. Const Art XlllD, g 6); WHEREAS, the Notice of Public Hearing instn¡t file a probst on the propæed water rates, in accordan Artide XlllD;and WHEREAS, the proposed uater natos obligations, reseryes, and costs for within the service areas; and WHEREAS, Financial Plan and Clerk's Ofüce. NOW, based upon he 15,2013, Datc Adoptcd: 0811512O13 Date Apprcve d: Oú26 lî2O13 Effe€tivc Date: 08f26201 3 roge¡]wners on how to IlJãlibmla Constitution fund capiÞl projects, debt curent service levels supported by the It/ater Ut¡lity whictr is on file at City Hail in the Cú thc F Rateg 1. tosümony presentcd at the Public Heañng of August úritten protests were pres€nted to prevent üre proposed imposed;and waþr rates set forth in the Notice of public Headng, to t¡ake 17,2013, July 1, 2014, July 1,2015 and July 1,201ç,are by the Fee Study wh¡ch is incorporated herein; and h'fies the Proposition 218 process and adopts thE water rates rccommerrded the Department of Public Utilities, as set forth in the Notice of Public Headn! to all property owners; and 1 ofz Resolut¡on No. 201&,143 4. Directs stafi to update the Mastcr Fec Scfiedulc during the annual budget proccss, in accordanæ wilh the efiective rates adopted as pail of this Resolution. CLERKS CERTIF¡CATION STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crw oF FRESNo ) I, WONNE SPENCE, C¡ty Clqk of the Gity of Fresno, resolulion'uuas adopted bythe Councilof the City of Frasno, at a onthcJEi$Ldayof Ar¡oust .2013. AYES NOES ABSENT ABSTAIN Baines, Brand, Brandau, Caprioglio, OlMer, Quinbro None Ì,lone Mayor Approval/No Ret¡m: MayorVeto: Council OvenideVotc: 2013 2013 2013 2013 WONNE SPENCE, CMC City Cl€rk ttup 2lt H!dng,R..ô¡ R!Y_- eSlS 2oî2 Ausust 16, 2013 RECEIV¡D .eouldtAdopüon: Mayoi Apptor/ål:ro: MAyoRASHLEv swEAREmlue zo ilt u: 0h ül#iolïå,o,FRoM: woNNE sPENcE, cMc b{ilçúRí, Fnrsilf cACitY Clerk --ö-- "!" !rr.r' Item SUBJECT TRANSMTTTAL OF COUNCILAENON FOR APPROVAL OR At the Council meeting qÍ 8115//i2013, Council adopted the attached entitled Reüfilng the Prcpooltlon 218 proæEs according to Arüclc XlllD ¡nd adoptlng prcposed wabr ¡ates under a four No. 5:00 p.m. b. by the following vote: 143 Ayes Noes Absent Abstain VETOED Aycs Noes Absent Abstain Baines, Brand, Brandau, Capdoglio, Olivier, Quinterc None None Plcase indlcate oither your formal approval or veto b plglhe following sections and executing,and dating your action. Pleasefil^e the comp mo with the Clerk's office on or before August 28,2013. ln computing uired by Charter, the first day the 10ü day is a Saturdây, -has been excluded and the tenth day has Sunday, or holiday, in which case it has the Clerk's office within the resolution or ac'tion, and it Thank you. Failurc to file this memo wiür consü'h¡te approval of the ordinance, the Mayo/s slgned approval. atfiftÉrffitürttÉ (Written objections arc requircd by Charteç attach OVERRIDE ACTION: RESOLUnON NO. 2013-11/- A RESOLUTÍOT{ OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING TI{8514h AUENDMENTTO THE MASTER FEE SCHEOULE RESOLUTION NO. 80.020 TO AD,UST WATER FEES lN TF|E pUBLtC UTIL]TIES WATER FEE SECTION ACCORDING TO PROPOSITION 218 BE IT RESOLVED BY THE COUNCIL OFTHE CITY OF FRESNO: THAT thc Mastcr Fec Schedule Rssolution No. 8G420 bc and is adjust water fecs ln thc Publlc utlllties watcr Fec section in accordance ard Resolution No.20l3-143. The rcvised pagæ of the Master Fee Eû¡bit "A' and are hcrcby incorpontrad by rufcnnce and made a pert shall update the Mastcr Fcc Sctrcdulc annually durirp the budget proq etrect, as adoptcd ln Rcsolutlon No. 201$143. THAT Þcc shall bccomc gffcc{lvc Scptcmbcr 17, 2013. CLERKS CERTIFICATI STATE OFCAUFORNIA COUNTYOF FRESNO CITYOF FRESNO I, WONNE SPENCE, Cþ Clcrk of eærúy that the foregoing Resolution was adopted by the Council Calïfomia, at a regular meeting tharcof, held on the 15th day of ) )se. ) AYES : NOES : ABSENT: ABSTAIN: Baines, Brand, Olivier, Quinbrc l,lone None Mayor Mayor Mayor Datc Adopbd: 08115120'13 tÞte Approved: ßli2ü20'13 Efrec{vs Datc: 091fin013 2013 2013 2013 2013 Resolution No. 2013-144 lß5doc¡rncnbÙüoü¡üdt¡\20|3 n¡olution¡lr¡¡o 2011'144 ml8 514tñ w¡t r reb ¡ncrur.docx WONNE SPENCE CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY DEPARTMENT OF PUBLIC UTILITTES WATER DI\/ISION WATER FEES Water Serylce Charges, Flat Rale (shgle-llamily on[) For Premises conaining only a sinlge-family residence, the tote¡ charge shall be the basic rate plus applláþ addilional chages. Basic rete (per month): Fi$ 6,000 squarc feet or leas ol lot size Each additional 100 squara feet Senior Citizen (62 years or older) meeting allthe conditiôns listed belovt¡: ----Æt ---+e€6------.---æ4 11,7t ---{JS ____€*9g --_?á08 25.45 0.257 Delele Delete Delete Delete 4 v 9 I 7t All ftrr efr¡ctivc Olt01l13 unlrs¡ olhcrrirc nobd llFS Am¡ndmont t514 (Augurt 2013) [8/5f201$:aB PMI Page I CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT SUMMARY otrl chargc ¡hall bc standby monthly mebr seruice charge lus quantÌty chargc basod on ßags Mctcr Scruicc€trndby Chaqc (moter size per month) U¡l-lnch or small.r 1-hch 1-il2-lnch 2-hdl Shctr ¡f-hcfi &incûr &lnclt lOlnch l2inch Nsnf,c¡ld¡nlhl E¿l+rch or ¡mallcr l-incTr 1-1/2lnctt 2-inch &,inch 4-inch Sinch &irch lGinch 12-lnctt '11.t 14. 21, 31.}, Ncw Ncw Nrw New Now Nar Nrw Ncw l{ctir ìhw Nar Nsw Næ Nor Nar All l¡l¡ ¡fl¡otlv¡ mrúr13 unl¡r¡ oll¡rtwi¡c noú¡d ilFS Am.ndmmt t5l4 (Augwt 20131 [8/5,201$18 PMI P.9.2 CITY OF FRESNO MASTER FEE SCHEDULE AMENDIIENT SUMMARY Prtuat tfdnil f-inch 1-lZjndr 2-indr 2-112ad3-inút +indr 6hctr &hch lGinch l2inctr ll€w Ncw New 1{.n, l{rw ]$w N¡w All lbcr rffrctlv¡ 0tO1rl3 unlæ¡ oll¡o¡vlrr noûod llFS Am¡ndm¡nt#tl4 (Augu¡t 2013) [Br5,z¡0t3¡t:.to pMl Prg¡ 3 CITY OF FRESNO MASTER FEE SCHEDULE AMENDMEI{T DETAIL DEPARTMENT OF PUBLIC UTILfT¡ES WATER DMSION lnboductlon The Water Division contraated with Munblpal Financial Servicsi in Junc ãll0 to cmduc{ a ntc dudy. The blod objectivr ol üto str,¡dy was inilftrlly to reviaw ltæ short-tsm rwtug Frcsnol tltúalcr Enteryri¡c for Fl 2012 b FY 2016 ürrct¡gh thc inplcmenbtin of cost of mchodologies. subs¡quntly, thc ratc study was rcvtsedb funrl water rys!ênr funding thrcugh Af 2017 and thc Wbtrr Lltifúy Flnanctat Plan And Rat€s Study Fnd Rcport Marct¡ 2013. Thc study was bard çon a cønpruhensirn nvisw of thc City d nporlq wabrlystom plans; billirp inbnnation, such aa q.¡$om¡r dassrs a¡rd capltial improvcrncnts projcctr; ború corrcnmb; prþdcd rystem oælaiirns and infomation dccmed 4plicablc. Following is a summary of hor ths rlcorfincndêd dwBes b nater tha prcposcd ratcr k also athdrcd. Ratr Srülng Prccr¡¡ Thc sttldy was conducfed uring thc lbllorlng steps of 1, R¡venue Roquircrnents - Thc arrount of revenue sufficient revenus þ mcet thc fullo,nring thrac Cover all operatl¡nal and malntcnance Mainliain a prudent lswlof fulld Satishctbn of dêbt gcMcc 2. Cost-of€eruiæ -Allocetaç ülo rcvcnuc equitable m¡nner 3. Rat+tlcoign - Csn¡irl¡n roqu¡rcmcnts f¡om each clas¡ Rovonuo Rrqulrumrntr The water syctem o&M rcpah. etc. These and and All læ¡ cfrcllvr 0t 0lrl3 unlr¡¡ otlrrrwl¡¡ ndcd tlFS Am.núrrnt #t14 (Augu¡t 20131 [ô/!t,2o1sir4s pMl ¡dar *oro dt¡[opcd. A table shoring dependcnt upon producing a a a saruica c¡çcnd (net of norrratc rwenue) vaños cr¡dorner clasae3 of scnicc in a Íair end the r€b d€slgn to coþc{ the digüibut€d roìrcnuc ac compdsad of fivc basiccalcEoriæ: Fln FY 20f 4, the Cit/s OEM ependihrec aru hrdgetcd at S4g.g miilbn. as labor, chcmlcals. power, uatcrgrrclræo¡, parb, equlpment, contract ic dr¡c to ncgotiatcd labor contræt lncrweq infationary increaees for goods with mo¡E sùingent state and Gderat rtabrùeáncnt nguhions; operation and watersyslem components; and rcpairand maintcnance of oH, faillng thc pldection of OEM crpendituru increases betfond F'( 2014, ag a factor in fi¡lt¡ru ratc lncreaseg. ThesE increases increased to $55.6 mlllm pcr year in Fy 2017, wtrich ircludc a inflafon factor. Pagr I CITY OF FRESNO MASTER FEE SCHEDULE AMENDMENT DETAIL Caoital lmorovements Funded Frcm Ralea .,'The Gity has deveropsd a comprehensirrc rrrbtcr capital rmprorcmentProgram (clP) to addresû cur€nt and tuturc w"tcr sysÞm nêGcb. rn"r" pråi""rú .*ú;;ù;äilräannuai inflatíon factordr¡e b anüdpatcd ¡ncreas€r in constr¡slþn co¡m oGrilmc. This ¡man¡n ranisconsclvative ætimetô and ensurcs that lhe City has adcquata lcsourccs reserysd to compþtc thapqþcts. Thccc prcjccts arc nqulred þ r¡nerse the oeclining watcr tarbte, rcphce aging regulator¡r requircmenb and mcêt opc rlional demands. GIP prc¡'ec{ orpendilures planncd Ër Fy i4 thrcngh Fy 17 æ rucommendad in the $410 million and are cummer¡zod in the foltoring catcgorb along with t¡e totalexr. SE Sufpcs !'tJatsrTroatnent Facil¡ty (SWÌF)+ZZO.8U. l/tlblp¡MalnRcnaral-i55.3il. SE SWTFTransmbskm pþ[nos+49.6M. WdcrWcllCon¡tn¡dion-$32.gM. T4 Downtown Taù & Boodar prmp Station-Sg.7M. City Redrarye Bar¡in¡{7.iM. t/ìlbtcr M¡in E¡dcn¡ion¡S6.4M. Do¡ntownt{abrS¡ptenrUpgndos-g4.1. 19 olher wtcr cãpiþt prúects-lt7.gM 2016. The rcmaining êxpend¡tures aß ltrnded continua to pursuo gnnt and lowJrtere¡t a$umed from lhess sourpa!. Dsbl Scfvlcc - Thc City's existing mlllion brthrca bondg. th¡cc lrþalion D¡¡trlct ñlow debt 2O14lo¡ a totelof $19.0 million pcrycar if thêtwo lo llx, presølbc Net Revenuqs maet this five !Fr. .- As a c¡nditionof bond issuances, thc cig must make rate covenant¡ and cnaEæ for the vrher.system each rbcd ycar, wtrich wiil at reast yield The CIP is to be funded through a comblnation of rvstcm million) of ttre $410 miltion is prgectcd to bc tun¿edôde fbond linanclng. Approdmately 79o/o (9325 Bond is¡uances arc schcduledlor 20ì4 and fom water ¡atcs. Thc Dlvision will of lhia study, no rcvenucs wera ¡nd intcrcsl paymenb aæ apprcxlmately $tS.S ltalc loan and onc loan through the Freercpaymcntc are prcJeded to approximatr $S.e miU¡on ¡n Fybcglnning lnF-( 2017, is proJected to be approximalely i+Z.Omade in 2O14and2O19. of the esrimated Debt scMcc. Thc propoecd rate ¡ncr€asæ erc ¿.rignä¡'ù s dudng ho sü¡dy pedod vary I¡æt1-47 inFy 2o14ro 1.sg inît zoí2. - I tafg-q fu.rtd balancc (rcsclvcs) uras devaloped for the entcrpdsc li¡nd to providethatwillenablethe cþ to adJust to une¡<pccted changes in accor.nis,*"¡*il i;; lftr]i:î:f :r ogy expenses and ernersency capirat cosb. Thc workins capttatg,,Pj?f:llîd--b_.!-T l"_!ld I45 d4;s of.annuar oau=ooãnse!:Ãã;jäË;i",ffili:; *""ffiäH:fl'Jfili,:ì:ü:,fr.'*l'ff"rîi::'^::î:î"j':tfl;r1lÏ!-T^Tþ1,;"içn-;Jcapitaloçendiü¡res nd budgeled as paft of the capiiai imprcver"r,t piıor. The totalenteryrise tund targot balancc h FY 2013 ts S15.0 m¡lt¡on an¿ increases r.iOn.ã ñt'd", nrt'ãiñ. Afl le¡r efr¡cüv¡ 07t01l1g unle¡¡ othtlrbs not d llFS Amendm.nt #51¡t (Augurt 2013) ¡orszo13t:ta pMl Prgc 5 CIry OF FRESNO MASTER FEE SCHEDULE AMENDMENT DETAIL Co¡t ol Scrvlcr Mothodology Thc kcy aleps in the prccess of determlning oogtof-seruic¡ wder ratcs includc:1. Dclcrmlnhg, ar pail of thaS-ycarfinancial planning proqcss, þtal system letrenue rcqutæmcnt2. Foncaslíng watsr dcmand ftrthc toüal system, and foræh q¡stonrcr rate chEs:3. Als¡gn¡ng the rlrtcnuc requircmcnt from wder ralcs to fundional cad categories such æ4, Clarlfilng üc nvsnuc rtqu¡rcm.ntfromurater rates based on thc engineering desþn rrd/ói5. Dttcm¡ning tht revcnu nquirement ftorn waÞr rates fur spæilic cr¡sþmer ratc clasg3s6. Tho llnal slep h lhe ntcmaking pfocêss is ratc design. This i¡ thc process of R¡comm¡ndcd R¡tc Structurr The tolal amount d mvcnuc required firom chargcs ls allocatcd beilnccn ¡nounls lo ecrulcc chrrgca and frcm lhe quantity charge. This is acconrplßrhcd by fint allocding co cabgorioc - thoc¡ lh¡t a¡r indcpendent of thc rnount of rval¡r me (for exanplc, bflilng, Monthlv Maler Servica Gharoe - The dev¿bpment of rucqnmandcd pdnclplec lnvohrc¡ allocatlng rovGnue rgquir€menls that are fidcpcndEnt of cost¡ and dividing thæc dollar amounb by thc proJecied forthe monü¡ly motcrscrvice charge b recommended at componenls:¡ Ac@unts: 13.4% - costs that hclude, but are not customer scw¡c€ and cdlcding ðçonE€s.¡ Domesüc use: 14.0% - costs that I melerr and cerv¡ces that prcvide wate¡ for. Ffru servica: 6.6% - coats that ¡ncl co¡t rcading, storagc, based on cost ofseruice lhruc catogodar of metêÊ. Thc total perccnt thc fblloring three cost billing, custonrr accounting, to, the ¡naintenance and capital costr lclated to lcr ar¡d ûri,g6don water). publicfrc hydrants anä relatcd branch mains nen{þüty ctntges based on cost of scrv¡cc principtes is basst thc ¡olñ of supply and producüon of water and dMdlng that dollar Tho p€rc€nl of rewnue rcquírud f¡om ¡ate¡ to bc tecowrcd fiom and valvcs. Cls¡nlig-Gharca - Tìe on allocding ravrnue amount by lhc projêctd qusntty chargcs is 66%. u¡c for each cu¡tomcr ls to rcphce lhc charge appllcable the ratc 1. 2. 1 5. Reassign lravel meter charges to üle same 3 inch meter rated capacity. All fer¡ rffictiv. 07r0lrl3 unler¡ othemÍ¡c nolcd MFS Am¡ndmrnt ¡[514 (Augurt 2013) l8rSzors3:46 pMl elcentiages an compldcly dependent on assurptbns of proiectcd water projcction secüon). A major chanç in the proposcd revised rate strudure ft"*H4. Adju c¡pacrty. charges (SFR and Custsncrs Other han SFR) wih a singlc qu*rtity - lt ¡¡ r.commended thd the city adopt lha follovrring additional changc in 9h?rSes for irrigatbn meters (ddete fire prcteclion componcnt).sl¡trens. f nc oost of saruioc bascd mefer chargcs and quantitÍ chanses for Fy havc an alloulence for sen¡or citizen custome¡s. Ths allowance for senþr c¡tizen cr¡stomers prdccted residentialflat charges will phasa out when all resídential cr¡slomcrs are tere-d billing. llrc scrvir:a meter serukr charyes to include the accouni and fire scrvice compon€nts and exclude scrvice charges fur pdvate hydrants and for meter sizes 4 lnch and smaller to the same reted Pagc 6 CITY OF FRESNO I'IASTER FEE SCHEDULE AMENDMENT DETAIL 6. Delcte Other Miscellaneous Rcsldcntial Flat Rate Charges - Cunenüy there ara oher miscelhneous that Ere applicablc to rcsidenlial customcrs with flat charges. The othcr charyes are for Charges for Units, Air Conditioning / Refrþeration Unils and Discfrarge l/llãler inb a Dry Wcll, Thesc charges will as they becomc obsolcte duc lo thc implenæntation of ut¡lily bills basêd on rretered waler use. /7. Eliminalc WatcrTrcatment Chaqe. Fluodrlation Charges - This Prrognam afreded q¡stomeru and was projected to recover approximately f271,000. Æ of July 1d, 2013, thc lherefore, this rate will be elimlnated and the associated revìenuo not included in the rate r Prior Backf,o¡¿ Prewnlbn Prooram Fes Anrendments - lt should be noted that thc aheady bscn amended, Dudng FY 2013, the City Courrdl+groved lhe cfiange to hevcl cciliff backflorv devicc¡ end to ¡ßtead requirc customs¡¡ u,ih baddlon dwlco¡ to cartifi annual basia ueing privato (non€ity) testing servÈo povidea. city cc¡nætæ of ho annual revþed Badcflorv Freventlon Program ara 9262,0ü) and thE nal already been adopled by the Cþ Gouncil and is in the MFS. Rcv¡nue ProJecfonr of$3.@ per devics has lnFl 2014, tho ptopossd 25% increase in rcvsnuc fronr $72 núll'pn in annual cuslorner user charges. This is based upon a proiec.tion and the prciected growth in the numbc¡ and type of scrv{ce connections and any proposed use projcctlons in this study are intended to be slightly lower than what would be scenarios to help insurs lhat suftcient revenues cond¡lions and rcalistic deroloprænt categories of water serybe accounts: ¡ Slngle-FamlV Residential -Thg fiorn unmetered to metered conne¿tions was mßtly completed ín FY 2013. Wthqt frr a fully meterrd sptern and the impacts of ptoiected walcr conscwalion,For purposes of this rale study, it is prcjec{ed that SFR accounls w¡th mete¡cd (on an avcnage annualbasis). Th's is based on estimating pñor SFR fld rate melered usage and est¡meted losses from tol¡el water produc{bn, using lhc rccclrt shoñ-term and lladoñrp in a on¡ervation perccnlage. The number of resldenilal accounts is and proiec,ted to gror by an avcngc of about 730 perycar during the study pcriod. The from both rnonthly seruice and usage charges is $41.8 million. a aocounts at€ categonzed aE etlher Gomrn8tclal, tmgatlon, prude ilfo servbE and for commercial, schools, induddal, municipaland multiple fami$. The cuncnt numbcr ol inigalion, private firc seruice and üavel meler ace¡unts is approximately 22,200. accounts with the remainder inigation (14%) ard private fire señr¡ce (147o). Travel total number of dornestjc, inigation, and pdvate fire scrvicc is pmjectcd to incræse for the sturdy pedod. The estimated rrwbr usage for llæsc accounts is based on prior year have been me{ered for many yean. For the nle study, water use is proiected to use from nenr conneclions offset by conservation. The total esl¡mated revenuc from boür and usage charges is $30.2 millon. All tc¡r efl¡cüve 07r0lrl3 unlcss othefwi¡o notod MFS Amendment f5l4 (August 2013) lo/5/zoi3s:.ts plrl have tætand is dMded between thc folloring two the Peg¡ 7 GITY OF FRESNO MASTER FEE SCHEDULE Ai,IENDIUIENT DETAIL Reb Rccommend¡tlon To accomplish thc objcdives €stablishcd by the cvaluation criteda it F ncommended ftat tho lblloring incrcases Ër f€ìrril¡c from råtos bc adopted in lhc MFS: All fte¡ efr¡cüv¡ Clß1n3 unl¡¡¡ othelwl¡o noû¡d ilFS Amcnût.nt l5l¡f ( ugurt 2013) f8r5nu 3¡r:,16 PMI ú¿s+rgFE rcconsidercd cac-tt fiscal year. A copy of lhe Water tldlity Finandel Phn And Ralcr Study FinalRepat is anaihblc ræon Prgc I GITY OF FRESNO MASTER FEE SCHEDULE is/per hour hour Water Seruh¡ Chargcs, Flat Rab* (singl+family only) For premises conlaining mly a síngle-family rasidenca, the totat charye shall be the basic ntE plus applicable additional charges. Basic ratc (pcrmmth): First 6,000 square feet or less of lot ¡izE Each additional 100 square feet Senior Citizcn (62 years or older) meeting allthe conditions listed 28.32 5140.2&¡ 514 Deleta Delete Dclcte Delete Am€nd E#eet¡ve 9Ét#¡008 belo¡r¡: 1. ¿. 3. Singl+family residents only; Serviec must be in name of senior citizen; Occupants of residence must bc dependants of senior cilizen (not to per residence);4. Bcnefittingseniorcitízen longer qualiff, Basic Rate (per month): First 6,ü)0 square foot or Each addilional 100 All tees effectlvo 07101113 unlesr othemrlse notod MFS Amenûnent #514 (August 2013) [U5/201d]4E pMj Amendment #514 shall take effec,t on september 17 ,2019 arÉ shall be adjusted annualty by process to reflecl tle rates in effect as per Reso No. _ .R€€+ler¡og7+gr 25.49 5140.257 514 514 20ácw 11.79 1+9S å99 +€c 8to wa-rã stMoe charges for single family residential customers shall sunset as of¡5fl¡8âL+geß 30' 2014 or until all single family residences are metered, whicfrerær comes ñrst Page 9 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UT¡LITIES DEPARTMENT,. :. plus quantity charge based on usage. W¡ter Metcr Scrvice€lantlby Charge (mder size per month) R¡ddand¡l 3/4inch or smaller lJnch 1-1l21nch 2-inch }inch #inch 6-inch Sinch lGinch l2lnctr Nonru¡ld¡ndrl 3/¡tinch or ¡rnaller /EJT l0 74.60 1¡t¡t.00 22s.æ 320.m 593.00 linctr 1-ll2-inch 2-lnch 3inch ¿f-inch Nar New New Nor ¡lrrw 11.ü) 14.10 21.æ 31.10 55.80 8:ì.50 161.00 253.00 361.00 670.00 9.70 1'1.90 't7.40 24.æ 41.50 61.30 116.00 t0¿00 250.00 478.00 514 0{nch tlinctr l0tinch '12inch lnlgfion U¡l-inch linch All fre¡ clTectlvr 07l0ll13 unless othenrito notod MFS Amcndmcnl f51¿f (August 2013) l /5,2013Í¡:48 PMI Nes, ¡leü, N6w Neur Ì\¡cl¡r, t{êi, Itgtr, l{€uu l{Gìt Ncìiv Ncw New New New Nar 514 adopt€d in MFS Amendment #514 shall t¡kr trct on Sçtarber 17 ,2013 and shall bc adjusted annually by the budget process to ref,ed the rates in efect as per Reso Ño. - R€srlt€F¿00+-+0b Prge 10 CITY OF FRESNO MASTER FEE SGHEDULE All CulomerClæses Each 100 Cubic Fect (HCF) r+ee¡sllenoWW 4;eeegeilof,¡ Water drarn fiom a fire hydrant / Min'rnum per month Wells, private (used for inigation or cqlmercial purposes rrtren requlrcd to bc meterad) Each llCF 1,000 gallons Bacldlow Prsv¡ntlon, Prognm Fee Per assembly/per month Fr+llyd nn$+ngrival+peperty{pecnrenlh) Prþet¡ Fl¡rSolvico Pdvetc Þlydrant linctt 1-112Ånch 2-¡nctr 2-1Ì2-inch 4-indr &incfi tl-inch Neu, Nar Nur Nar Ì.Iil, Naw Na¡v Nar t¡ãr, NGw 37.60 37.60 37.60 37.60 37.60 37.60 66.70 100.00 150.00 n4.o0 rent*514 shall takc€ftcr on scptønber 17,2e13andshall be a_dJustcd annualty by to reflect the rates in eftct as per Reso No. _. RæñNe¡CC++€i W Delete 512 Effec-tive thnu3 AæHd Effeelive 9¡t#¡008 514 All fo¡¡ cftccttyo 07t0lrl3 unle¡¡ othclwÉe noûrd tllFs AmendmentflSl4 (August 2013) [Usnol$:as pMt Watcr Quant¡ty Ghage: Ptge ll Flro Frcleeüen lutenat¡e @ --S¡aehdlam'el€r€Flarg€F{di.ameþCneh+er-monlh) lrrigatlon of Clty€wned Property, Not Metor.d 100 square feet Per nenlh Pcnalties Fire hydrant, unauthorized use / first violation Each violation after lirst violation Fire hydrant damage repair fee Excavation not required Excavation required Delinquent notice Sevær conneclion, defened delinquent Retuming travel meter CITY OF FRESNO MASTER FEE SCHEDULE Water Wastage Services, 2.00 + accumulated intered & principal installment 10.00 Conditions of service FMC 6-520(d) fourth incident)' conservation class attended)' fiorn second incident if a was attended)' defened for lirst incident)' in MFS Amendrnent #5't4 shall take effect on Septambgr 17 , 2013 and shall be adjusted annualþ by procêss to reflecl the rates in effect as per Reco No, . Rae' Ne-2007 79' are effectlve 9/1/08 45.00 45.00 45.00 45.00 45.00 All feos effective 07t01113 unl¡ss otherurisc noted MFS Amendmênt #514 (Augu¡t 2013) lU5Æ0133:a0 PMI PUBLIC UTILITIES DEPARTMENT Page 12 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT Penaltle¡ (contlnucd) lllcaal connection / pcr viohtion (Scc Sewice Work fordiscolrneclion, damage, and reinslallation of scrvice afrcr fi rst incident.) Delinquent Payment Utility billings / per billiry forrvater, sewer, sanitdion, and/or solid waste service if unpaid balance > $10.00 l.lotificatlon to discontinue sarvices for nori+eymenl of utilaty charges: Customers t pcr notificatiøt Gustomers with tenants / per tenant mtifíed at a single billing addrcss Minimum Research project feeí/ per hour Discontinuance of service for nonpeymant and service after paymenl Fer Disconünuance / Restordion 15.00 NOTE: The abore fees are Collection Section of the Bor (Gost & Overhead) 219.00 368.00 10.00 406.00 100% 169.00 Stç/Curb Slop & Overhead) of service (except MFS Amendment tt5l4 shell take efect on Septanber 17,2013 and shall be adjusted annuelly by budget pfocass to refrect the rates in ellbct as per Reso l,¡o.- Re€Je, 2007 79, 510 Padlock on curb stop lntentional lntentional After{ourc All fræ effectlv¡ 07101113 unlos¡ othentb¡ not¡d tlFS Amcndmcnt #51a (Ar¡gust 20131 [8/s20133:18 PMI 4il Service Woil (related to Blind washer / per service Page 13 PUBLIC UTILITIES DEPARTMENT GITY OF FRESNO MASTER FEE SCHEDULE Water, Temponry Scryica' Residential (nonmetered) Each 24 houn Each additionalday Singlc Family Residential (metered) Fire þdrant permit Fire hydrant tmench dePasit Sinch meter, turUne Deposit Deposits required shall be refunded upon service chargas due and the cost of replacement costs will be billed to the Well Drilling Pemit and Examination Water Supply Well / each Monitoring Well I to 3 / per application Morethan3/per Well lnspectlon, per WellAbandonment Well Destruction Monitoring Well +Daity based on See Rate Water Service shall be equipment. 487 Effective 3t1t2010 500 made for water Any additional the return repalr or (when not ready on 175.00 295,00 +50.00 62.00 236.00 174.00 46,00 78,00 2E5.00 133.00 Destruclion Fee (per call back) 500 500 500 500 500 500 sunset as of January 1,2013 for customers on a metered rale MFS Amendment #514 shall take eftect on September 1? ,2013 and shall be adlusted annually by during the budget process to reflect lhe rates in etfect as per Reso No. , R€¡r+¡€Fa?€€È7€f All fccs effectlve 07101113 unlcss otherwlse noted MFS Amendmcnt f5l.l (Augu3t 2013) [8/5/20133:48 PMI P¡gc 14 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTIL¡TIES DEPARTMENT Salo of Surplus Dld City load / per yard of dirt Customer pick-up / per yard of dirt All lcr! effrctlvc OTl01l13 unlês! olhorwlsc notcd MFS Amendment #514 (August 2013) [E/520133:48 pM] Defement of Paymcnt applicable lo existing singl+family residences Same basis and fees as setr¡er connection charges. Frcntage Charge Front foot or fnaction lnstallatlon Charges Meter & Service lnslallation (when installed together) l-inch 1-1|2-lnctt 2-inch Minimum residential service connections: Lots less than 20,000 square feet (1-inch) Lots 20,000 square feet or greater Meter lnstallalion (when installed on 1-inch 1-1|2-inch 2-inch Larger than 2-inch (FMC Cod plus Service lnstâllation rperty line and house) can be fixtures, etc., as provided in tap, s€n ice line, corp stop, F507(aX3) t t'No. 101 No.201 No.301 No.401 -'No.501 SEE FMC 489 415 330.00 455.00 530.00 1O0o/o 4178.00 2,363.00 2,4æ.00 100% 160.00.(l -0-{-{-{- 56.00 484 438 Service to reduced ¡¡sgpcÆ UBC. curb P¡ge'15 GITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT' : For parcels in ths UGM area, TGM charges are deposited in separate UGM- TGM cùarye seruica ar€ accounts. Aggregate gross area: Lcss than 5 acres Net ære ol fraction Mlnlmum charge 5 acres or morc Gross acre or fraction Transmission Gdd Maln Bond Debt Seruice Charge per FMC Section 6{07(a)(8} Less than 5 acres Nct acre orfrac{ion Minimum charge 5 acres or more Gross acre orfraction UGM Water Supply Fee Singl+Wcll Supply Areas (per gross No.11A No. 86 No.90 No.91 No. 102 No.107 No.113 243.00 172.00 417 No.132 No. Areas (per unit") No.101-S t t (northeast) No. 101-5 (rrcrthwest) No. 201-3 (west) No. 301-5 (southwest) No.401-5 "'(southeasl) No. 501-5 Alf lee¡ eflectlve O7,O1l'13 unles¡ otherulse notcd MFS Amcndnent t514 (Augwt 2013) p/5/20rß:{8 PMI 67E.00 3212.00 609.00 s11.00 609.00 609.00 385.00 356.00 356.00 ¡108.00 379.00 557.00 563.00 505.00 567.00 456.00 407.00 508.00 371.00 1,738.00 43E Page 16 CITY OF FRESNO N'ASTER FEE SCHEDULE Well Hcad Treatmcnt Feo - Arca (per unit-) 1'l.lo. 101t Î'No.101 No.201 No.301 No. ¿101 *No.501 1990 Bond O.bt Seil¡co Fee - Ar¡a (pcr unitftlI No.101t t No.101 No.201 No,301 No.401*No. 501 438 ' Servics Area No. 101 r,ras established by fhe 1995 in aæordace with the provisions of remain in efiecl br dwelopnent in the " Unit as defined in FMC e'So1(kk) "' 5O1 Emergency Measur€, Resolutiont For subdivision maps deemedt t For subdivision maps size (per All fee¡ effectlvc O7tO1r13 unlc¡¡ otlrerwis¡ noted MFS Amendment llSl¡l (Augurt 2013) [E/5rz0i*t:¡t8 pMl Dlrector on March 19, provisions of Resolution No. 9G18 Plen Areâ. ce No, Paß ( 10,1997 June 10, 1997 for pñvate constructed to tranvnission grid diameter ârea maximum (except as provided in FMC È508(d) surfacing credit for TGM in$allations (per linear foot): asphalt concrete Sreets ln existing non-asphalt concrete streets ,'-'..'', .. .:'i'.: :: :l.r' -.., ','.:.: "¡,.,9Jú$:i'1'',.r i, .. See FMC &508(c) 10.00 14.50 31.00 41.00 10,000.00 10,000 or construclion costs, whichever is less 6.00 orcomtruclim cost, whichwer ¡s lgss -ù i0.00 Water main Prge 17 August 16, æ13 RECEI\IED oouncllAdoptlon: 8l$/q MayorApproral:ro: ìjtAyoR AsHLEy.sfvEABEmü,ft 6 26 lill$ otr l?vî,vlår*u FROM: WONNE SPENCE;'c Ciry Cþrk SUBJECT: TRANSMFTAL OF CO At the Council meeting ol Sl'15112013, Counciladopted the attached R entitled 5l4h amcndmcntto tho llarter Fee Sch¡dule Resolut¡on fuea in tho Public Utllltics W¡tcr Fec Scction,ltem No. 5:ül Ayes Noes Absont Abstain Nocs Absent Abstain Baines, Brand, Brandau, Caprioglio, Olivier, Quintero None None Please indicatc elther your formal approval or vet gmpletinqle following sec{ions and executing and dating your action. PlEase file the co with the ClerKs ofüce on or before August 26,2013. ln computing the ten day p l[uired by Gharter, the first day ss the 10h day is a Saturday,has been excluded and the tenth day has Sunday, or holiday, in which case it has Failure to file this memo with approval of the ordinance,the Clerkþ office within the required time resolution or action, and it shall the Mayo/s sigæd approval. Thank you. trt*r.r+ir*r¡*l VETOED fOr (Writbn objections are required by Charter; attach additional APPROVED/NO BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADOPTING INITIATIVE MEASURE REPEALING RESOLUTION NOS. 2013-143 AND 2013-144 ON THE FOUR YEAR WATER RATE PLAN THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL WATER RATE INCREASES. The Ordinance entitled "lnitiative Measure to be Submitted Directly to the Voters" which is attached as Exhibit A, is adopted. 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. Hl Iil ul Date Adopted: Date Approved Effective Date: City Attorney Approval : Page 1 ol 2 Ordinance No. ******+******* STATE OF CALIFORNIA COUNTY OF FRESNO CITY 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: SS. 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 [65300e1b/tyl Otd. 07 231 4 WONNE SPENCE, CMC City Clerk BY: Deputy Page 2 o1 2