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Home My WebLink About2014-08-21 Council Agenda PacketThursday, August 21, 2014 1:30 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Session August 21, 2014City Council Meeting Agenda - Final-revised 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. 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. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (*) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION. Page 2 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised 1:37 P.M. ROLL CALL Invocation by Kevin Foster of the Life Bridge Community Church Pledge of Allegiance to the Flag Ceremonial Presentations Presentation of the SPCA Pet of the Month -Councilmember Olivier ID#14-287 Sponsors:Office of the City Clerk Approve City Council Minutes Approval of City Council minutes from July 17, July 24 and July 31, 2014 ID#14-302 Sponsors:Office of the City Clerk Approve Successor Agency / Fresno Revitalization Corporation Minutes Approval of Successor Agency minutes from July 31, 2014 and Fresno Revitalization Corporation minutes from June 19 and 26, 2014. ID#14-303 Sponsors:Office of the City Clerk 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. Approve the attached Utility Relocation Agreement with the California High-Speed Rail Authority (CHSRA) (Council ID#14-123 Page 3 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised Districts 1, 2 & 3) Sponsors:Public Works 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 *RESOLUTION - 9th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $237,600 from the 2014 Byrne Justice Assistance Grant Program award, from the U.S. Department of Justice, Bureau of Justice Assistance (Requires 5 affirmative votes) ID#14-219 Authorize the Director of Transportation to execute an agreement between the City of Fresno and California State University, Fresno, allowing the university to use its agency-issued identification cards as fare media for access on Fresno Area Express fixed-route buses ID#14-223 Sponsors:Department of Transportation RESOLUTION - Dedicating certain City-owned property as easements for public street, pedestrian walkway, utility and landscape purposes at Pump Station No. 349 located at the southwest corner of N. Locan Avenue and E. Andrews Avenue (Council District 4) ID#14-232 Sponsors:Public Works Department BILL NO. B-35 - (For adoption; introduced August 21, 2014) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) ID#14-233 Sponsors:Public Works Department Approve the reappointment of Mary Ann Rogozinski to the Civil Service Board; the appointment of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton to the Fresno Housing Authority ID#14-236 Sponsors:Mayor's Office Page 4 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised *RESOLUTION - Adopting the 11th amendment to the Annual Appropriation Resolution 2014-95 recognizing $10,000 in revenue from developer contributions to form the City of Fresno Community Facilities District No. 15 East Copper River Maintenance District (the eastern half of the Copper River Ranch Development, between Silaxo Lane (private street), East Copper Avenue, North Willow Avenue and North Baird Avenue) (Council District 6) (Requires 5 affirmative votes) ID#14-237 Sponsors:Public Works Department 1.*Adopt a Side Letter of Agreement on Compensatory Time Off between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 5, Non-Management Fire (Fire Basic) 2.*Adopt an Amendment to the Memorandum of Understanding (MOU) between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 10 (Fire Management), correcting a clerical error ID#14-238 Sponsors:Personnel Services Department * RESOLUTION - 10th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $25,000 from PG&E for the operation of the Summer Cooling Centers (Requires 5 affirmative votes) ID#14-252 *RESOLUTION - 7th Amendment to the Annual Appropriation Resolution 2014-95 appropriating $94,000 into the FY 15 budget for the Anti-Human Trafficking Task Force Project from the California Office of Emergency Services (CalOES) (Requires 5 affirmative votes) ID#14-264 Sponsors:Police Department *RESOLUTION - 8th amendment to the Annual Appropriation Resolution 2014-95 appropriating $42,000 for the Child Sexual Predator Program (CSPP), funding by the US Department of Justice, Office of Community Oriented Policing Services (COPS) (Requires 5 affirmative votes) ID#14-265 Page 5 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised Sponsors:Police Department Approve an Amendment to the Agreement between the City of Fresno and Avante Behavioral Health Employee Assistance Program ID#14-271 Sponsors:Personnel Services Department *BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - 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#14-277 Sponsors:City Attorney's Office Action Pertaining to Repeal of the Four Year Water Rate Plan 1.* BILL NO. B-34 (Intro 7/31/2014) (For adoption) - Adopting the Ordinance 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; ID#14-283 Sponsors:Office of the City Clerk Approve the appointment of George Railey, Jr. to the Fresno Regional Workforce Investment Board; and Joe Martinez to the Bicycle and Pedestrian Advisory Committee ID#14-288 *BILL NO. B-33 (Intro. 7/31/2014) (For adoption) - Amend Sections 1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure ID#14-298 Sponsors:City Attorney's Office CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Actions pertaining to the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue - Bid File 3339 (Council Districts 4 and 6) 1.Adopt finding of Categorical Exemption per staff ID#14-211 Page 6 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised determination, pursuant to Section 15301(c) of the CEQA Guidelines, for the Fresno Street Pavement Overlay from Gettysburg Avenue to Sierra Avenue 2.* RESOLUTION - 6th amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $1,332,600 for construction costs on the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue Capital Project in FY 2015 (Requires 5 affirmative votes) 3.Award a Construction Contract to AS Dezign Inc., of Fresno, California in the amount of $1,077,551 as the lowest responsive responsible bidder for the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue Sponsors:Public Works Department Actions pertaining to the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project Bid File 3290 (Council Districts 4 and 7) 1.Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(c) (Existing Facilities) of the CEQA Guidelines for the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue 2.Award a construction contract with Seal Rite Paving and Grading of Fresno, California in the amount of $350,568 for the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project ID#14-221 Sponsors:Public Works Department RESOLUTION - To submit Grant Applications for up to $1,300,000 to Fresno Council of Governments Regional Competitive Active Transportation Program (RCATP) and authorizing the execution of documents by the Public Works Director or Designee ID#14-231 Sponsors:Public Works Department Implementation of Fire Department Self-Inspection Program and Fire Inspection Policy Change Recommendations 1.* RESOLUTION - 1st amendment to the Position ID#14-247 Page 7 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised Authorization Resolution No. 2014-96 adding two (2) Fire Inspector positions to the Fire Department and two (2) Fire Inspector positions to the Development and Resource Management Department Sponsors:Fire Department Approve Second Amendment to Agreement with Carollo Engineers, Inc., for the Design of the City of Fresno’s 80-Million Gallon Per Day Southeast Surface Water Treatment Facility and Raw Water Diversion and Conveyance Pipeline and Authorize the Director of Public Utilities or his designee to sign the Amendment on behalf of the City of Fresno (City) ID#14-254 Sponsors:Department of Public Utilities Action pertaining to an Annual Appropriation Resolution 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) ID#14-267 BILL - (For introduction) - Consider repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining ID#14-268 3. CITY COUNCIL BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property. ID#14-234 Sponsors:Mayor Brand 4. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) ID#14-206 Page 8 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised 1.City of Fresno v. Fresno Auto Dealers Auction, Inc., et al. Fresno County Superior Court Case No.: 13CECG00288 Sponsors:City Attorney's Office Page 9 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Joan Byrd, et al. v. County of Fresno, City of Fresno Fresno County Superior Court Case No.: 14CECG01502 Case Name: Union of Medical Marijuana Patients, Inc., et al. v. City of Fresno Fresno County Superior Court Case No.: 14CECG01316 ID#14-240 Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: NORTH CENTRAL FIRE PROTECTION DISTRICT v. CITY OF FRESNO ID#14-251 Sponsors:City Attorney's Office A.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: Under Seal v. Under Seal ID#14-285 CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 ID#14-295 Page 10 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) Sponsors:Personnel Services Department CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Chukchansi Park (Multipurpose Stadium) Negotiating Parties: City Manager Bruce Rudd; Chris Cummings, Fresno Baseball Club, LLC and Fresno Baseball Club, LLP ID#14-312 Sponsors:Office of Mayor & City Manager 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. HEARING HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 54 (Final Tract Map No. 6073) (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) 1.RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION - Declaring Election Results 4.* BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 54, Final Tract Map No. 6073 ID#14-226 Sponsors:Public Works Department 2:30 P.M. SCHEDULED COMMUNICATION Appearance by Sandra Celedon-Castro to discuss Building ID#14-300 Page 11 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised Healthy Communities Page 12 City of Fresno ***Subject to Mayoral Veto August 21, 2014City Council Meeting Agenda - Final-revised 4:00 P.M. WORKSHOP WORKSHOP regarding R-1 (Single Family Residential) property development standards ID#14-162 Sponsors:Planning and Development Department 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 Oct. 2 10:00 A.M. HEARING re: CFD No. 11, Tract Map #6063 - south corner of N. Friant Rd and E. Copper 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 immediately following - 2nd floor foyer) Page 13 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-287 Agenda Date:8/21/2014 Agenda #: CEREMONIAL PRESENTATION Presentation of the SPCA Pet of the Month -Councilmember Olivier 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#14-302 Agenda Date:8/21/2014 Agenda #: CITY COUNCIL MINUTES FOR APPROVAL Approval of City Council minutes from July 17, July 24 and July 31, 2014 City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 8:30 AM Council ChambersThursday, July 17, 2014 Regular Session The City Council met in regular session at the hour of 8:30 A.M. in the Council Chamber, City Hall, on the day above written. 8:43 A.M. ROLL CALL Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Present:7 - Invocation by Henry Pauls of the Central Community Church Pledge of Allegiance to the Flag Ceremonial Presentations: ID#14-149 Presentation of the SPCA Pet of the Month - Councilmember Brand Sponsors:City Councilmember Brand Presented City of Fresno 1 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft ID#14-141 Cooling Centers: PG&E check presentation Sponsors:City Councilmember Brand Presented ID#14-164 Presentation of a Certificate of Recognition to Xavier Richards - Councilmember Baines Presentation of a Certificate of Recognition to Ruby Herr - Councilmember Xiong Presentation of a Certificate of Recognition to Justin Grenier - Councilmember Caprioglio Sponsors:City Councilmember Baines and City Councilmember Caprioglio Presented ID#14-144 Proclamation of “ THE TERRACES AT SAN JOAQUIN GARDENS DAY” Sponsors:City Councilmember Caprioglio Presented Approve Council minutes of June 19 and 26, 2014 Laid over to July 24, 2014 Approve Successor Agency minutes of June 26, 2014 Laid over to July 24, 2014 Councilmember Reports and Comments Councilmember Quintero reported on a re-dedication of the Willow-Balch pocket park in southeast Fresno and thanked the PARCS, Public Works and Solid Waste Departments for their partnership which resulted in new playground equipment and the new trees that were provided by PG&E. Councilmember Quintero thanked Danny Casey, PARCS Director Mollinedo and Anne Kloose from PG&E for their work on the project. City Manager Rudd acknowledged the extensive collaboration that took place on the Willow-Balch pocket park re-dedication and thanked the Department of Public Utilites, Public Utilities Assistant Director Schueber and Grant Writer Yepez-Perez. City of Fresno 2 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft Councilmember Quintero asked for a moment of silence to remember local journalist Eli Setencich who had recently passed. Councilmember Quintero remembered Mr. Setencich as a good friend and former service member who wrote stories with excellent wit and humor. President Brandau noted that Mr. Setencich had flown more than 140 missions in World War II and announced the meeting would be adjourned in his memory. Councilmember Xiong commented on the impact of the drought on small farms and the ability of the City to assist those affected. Councilmember Xiong noted small farmers were overlooked for relief services because they do not own the property they farm, they have limited income and they do not have voices as large as organized farms. President Brandau asked for an update from City Manager Rudd on the County landfill and asked if the consultant's study covered other options for the City. City Manager Rudd stated the first meeting with the consulatnt and County would be on Monday and he would report back to the Council in the next thirty days. City Manager Rudd explained the study did not look at other options but looked strictly at the County and financials. President Brandau reminded Council the City was receiving landfill services on a month to month basis due to an expired contract with the Coutny and stated he felt there were options for the City that would save money for the rate payers. Approve Agenda City Clerk Spence announced the Workshop relating to Bicycle, Pedestrian and Trails Master Plan (File ID #14-126), scheduled for 10:30 A.M. on the agenda, would be heard after lunch. Councilmember Caprioglio pulled File ID# 14-108, scheduled for 10:45 A.M., relating to an appeal of Planning Commission's action to approve vVeting Tentative Tract Map No. 6033, Conditional use Permit No. C+1.-092 and related environmental findings for property located on the northeast corner of North Fowler and East Clinton Avendues. Councilmember Caprioglio announced the item would be rescheduled for August. On motion of Councilmember Xiong, seconded by City of Fresno 3 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft Councilmember Caprioglio, the AGENDA was approved as amended. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Quintero and Xiong6 - Absent:Olivier1 - 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Caprioglio, seconded by Acting President Baines, the CONSENT CALENDAR was adopted by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Quintero and Xiong6 - Absent:Olivier1 - ID#14-066 RESOLUTION - Of Intention to annex Final Tract Map No. 6073, Annexation No. 54, to the City of Fresno Community Facilities District No. 11 (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) RESOLUTION 2014-110 ADOPTED The above item was approved on the Consent Calendar. ID#14-082 *BILL NO. B-29 (Intro. June 26, 2014) (For Adoption) Amending Section 1204.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating City fire station. (Citywide Application) - Development and Resource Management Department and Fresno Fire Department Sponsors:Development and Resource Management Department ORDINANCE 2014-31 ADOPTED The above item was approved on the Consent Calendar. ID#14-100 Actions pertaining to a lease agreement for the office space located at 5051-5059 E. McKinley (Council District 4) - Police Department 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301/Class 1 (existing facilities) of the California Environmental Quality Act City of Fresno 4 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft (“CEQA”) Guidelines for the continued lease of office spaces located at 5051-5059 E. McKinley 2. Authorize the Chief of Police to execute a five-year lease agreement with HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley The above item was approved on the Consent Calendar. ID#14-113 Approve the First Amendment to the Services Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to increase video production service hours in the amount of $27,000 annually Sponsors:Information Services Department The above item was approved on the Consent Calendar. ID#14-117 RESOLUTION - Approving the Final Map of Tract No. 6004 and accepting dedicated public uses offered therein - southeast corner of North Maple Avenue and East Copper Avenue (Council District 6) Sponsors:Public Works Department RESOLUTION 2014-111 ADOPTED The above item was approved on the Consent Calendar. ID#14-124 Actions pertaining to a lease agreement for hangar facility and ramp space at Fresno Chandler Executive Airport (FCH) (Council District 3) - Airports Department 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301(a) and (d)/Class (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines to authorize Lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH 2. Approve a lease between the City and William Newburn dba Pacific Coast Aero Marine Repair Sponsors:Airports The above item was approved on the Consent Calendar. City of Fresno 5 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft ID#14-136 Actions pertaining to grant funding from the State of California Alcoholic Beverage Control (“ABC”) - Police Department 1. RESOLUTION - Authorizing acceptance of $70,000 in grant funding from the State of California Alcoholic Beverage Control (“ABC”), authorize the Chief of Police to enter into and execute the agreement and all program required documents 2. * RESOLUTION - 1st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $70,000 for the Police Department’s ABC Enforcement Program (Requires 5 affirmative votes) #1 ADOPTED AS RESOLUTION 2014-112 #2 ADOPTED AS RESOLUTION 2014-113 The above item was approved on the Consent Calendar. ID#14-140 *BILL NO. B-27 (Intro. June 26, 2014) (For Adoption) - Adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycled water for plumbing and landscape irrigation and referred to as the “Recycled Water Ordinance” and applicable to all council districts as recycled water availability and future related projects develop Sponsors:Department of Public Utilities ORDINANCE 2014-32 ADOPTED The above item was approved on the Consent Calendar. ID#14-086 Award a contract in the amount of $411,751 to Kimley-Horn and Associates, Inc. for design and engineering services for Bus Rapid Transit (BRT) station area enhancements associated with the Bus and Bus Livability Grant - Bid File No. 100413JD The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR No items were moved to the Contested Consent Calendar. City of Fresno 6 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft 2. GENERAL ADMINISTRATION ID#14-121 Enter into a contract for budget software and services in the amount of $488,143 for an initial one (1) year set up of software and an ongoing maintenance agreement with Sherpa Government Solutions LLC of Denver, Colorado - Finance Department On motion of President Brandau, seconded by Acting President Baines, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Quintero and Xiong6 - Absent:Olivier1 - 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 9:31 A.M. to 10:57 A.M. to discuss the following: ID#14-163 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 Sponsors:City Attorney's Office The following member(s) of the public spoke on this item: Steve Wayte The above item was discussed in closed session. No open session announcements were made regarding this item. RECESSED 10:57 A.M. to 11:10 A.M. City of Fresno 7 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft 5. SCHEDULED COUNCIL HEARINGS AND MATTERS ID#14-154 9:30 AM - Actions Pertaining to the Sufficiency of Initiative Petition Regarding Resolution Nos. 2013-143 and 2013-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a. RESOLUTION - Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition b. Take one of the following actions: 1. RESOLUTION - Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2. BILL - (For Introduction) - Repealing Resolution No. 2013- 143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3. RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election. The following memeber(s) of the public spoke on this item: Cheryl Lynn Smith, Doug Vagim, Steven Garrett, Steve Wayte. At the request of City Manager Rudd, Public Utilities Director Esqueda explained, for the record, the purpose of the surface water treatment plant and why it would be more effective than purchasing land for rechage. Director Esqueda stated the site for the surface water treatment plant was approximately 50 acres and it would receive 80 million gallons per day and deliver about 80 million gallons or 95%. For the same amount of water, the recharge system would range from 1,000 to 1,500 acres and efficiency would be lost to evaporation and other considerations including the efficiency of the sites choosen. President Brandau asked DARM Director Clark, for the record, how the South East Growth Area ("SEGA") relates to the proposed surface water treatment plant. Director Clark explained: SEGA was invisioned as a future growth area for the 2025 General Plan with an anticipated completion by the year City of Fresno 8 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft 2050; the Memorandum of Understanding with the County required the City to fully fill in 60% of it's other development areas before planning for SEGA could begin; a Specific Plan and Environmental Analysis are required before portions of SEGA could be annexed; the events required for SEGA are anticipated beyond the 2035 General Plan and the growth in the SEGA area will not occur untill the year 2050 or beyond; infrastructure improvements, such as the proposed surface water treatement plant, benefit the value of the existing investments that property owners in the City have made. Councilmember Brand clarified that Council's intention was to decide the issue and it would not be pushed out beyond November 2014. Council first voted on part "a" of the 9:30 A.M. item to accept the City Clerk's Certificat of Sufficiency for the Iniative Petition followed by a second vote to approve part "b(1)" which referred the proposed initative measure to staff for a report pursuant to Election Code Section 9212. "a" ADOPTED AS RESOLUTION 2014-114 On motion of Councilmember Brand, seconded by Acting President Baines, part "a" accepting the City Clerk's Certificate of Sufficiency for the Initiative Petition was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - Vote on 9:30 A.M. part "b" "b(1)" ADOPTED AS RESOLUTION 2014-115 On motion of Councilmember Brand, seconded by Acting President Baines, part "b(1)" referring the proposed initative measure to staff for a report pursuant to Election Code Section 9212 was adopted as amended so the report would be completed by July 31, 2014. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier and Xiong6 - No:Quintero1 - City of Fresno 9 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft RECESSED 12:33 P.M. to 1:43 P.M. SCHEDULED COMMUNICATION ID#14-148 9:55 A.M. Appearance by Rick Morse to discuss the City of Fresno Medical Marijuana Ordinance Mr. Morse appearead and spoke to the Council about Medical Marijuana. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED ID#14-128 10:00 A.M. HEARING to consider formation of Underground Utility District No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue (Council District 6) 1. RESOLUTION - Establishing Underground District No. FRE- 93 along the north side of Nees Avenue from Maple Avenue to Hayston Avenue Sponsors:Public Works Department The following member(s) of the public spoke on this item: Barbara Hunt. RESOLUTION 2014-116 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Caprioglio, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Brand, Caprioglio, Quintero and Xiong5 - Absent:Baines and Olivier2 - ID#14-065 10:15 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 55 (Final Tract Map No. 5531) (east side of S. Armstrong Avenue south of the San Joaquin Valley Railroad) (Council District 5) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and authorizing the levy of a special tax 2. RESOLUTION - Calling Special Mailed-Ballot Election 3. RESOLUTION - Declaring Election Results 4. * BILL - (For introduction and adoption) - Levying a Special City of Fresno 10 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft Tax for the Property Tax Year 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 55, Final Tract Map No. 5531 The following member(s) of the public spoke on this item: Barbara Hunt. #1 ADOPTED AS RESOLUTION 2014-117 #2 ADOPTED AS RESOLUTION 2014-118 #3 ADOPTED AS RESOLUTION 2014-119 #4 ADOPTED AS BILL B- 31 AND ORDINANCE 2014-33 On motion of Councilmember Quintero, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye:Brandau, Brand, Caprioglio, Quintero and Xiong5 - Absent:Baines and Olivier2 - ID#14-126 10:30 AM - WORKSHOP relating to Bicycle, Pedestrian and Trails Master Plan Sponsors:Public Works Department The workshop was held and presented by Public Works Director Mozier, Maddy Institute Director Keppler and Granville Homes President Assemi. Councilmember Caprioglio directed staff to provide an update on bicycle accidents in the City. President Brandau directed staff to include the concepts presented in the workshop at the next Council of Governments meeting. 3. CITY COUNCIL ID#14-150 Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: A. Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments - Swearengin-Ex-Officio City of Fresno 11 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft (Olivier-Alternate) 2. Financial Audit Committee - Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority - Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness - Swearengin, Baines 10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 - Baines 12. Upper Kings Basin Integrated Regional Water Management JPA - Xiong 13. Pension Reform Task Force - Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes 16. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 17. San Joaquin Valley Air Pollution Control District - Baines 18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 19. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 20.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations Sponsors:City Clerk's Office No comments or reports were made. City of Fresno 12 of 13* Subject to mayoral veto July 17, 2014City Council Meeting Minutes - Draft ID#14-145 Designation of one (1) voting delegates and up to two (2) alternates for the League of California Cities Annual Conference to be held September 3 - 5, 2014 Sponsors:City Councilmember Brandau On motion of President Brandau, seconded by Councilmember Xiong, President Brandau was designated as the voting delegate and Councilmembers Olivier and Caprioglio were designated as alternates. The motion carried by the following vote: Aye:Brandau, Brand, Caprioglio, Quintero and Xiong5 - Absent:Baines and Olivier2 - ID#14-108 10:45 AM - Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Vesting Tentative Tract Map No. 6033, Conditional Use Permit No. C-13-092 and related environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc., for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4) (Continued - Time and date to be determined) Sponsors:City Councilmember Caprioglio Removed from agenda by Councilmember Caprioglio UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Barbara Hunt - discussed: the number of committees and appointments held by Councilmembers; illegal elections due to mislabling of southwest Fresno as southeast Fresno; Councilmembers receiving money from developers, and; the inequitable distribution of tax money throughtout the City. ADJOURNMENT Adjourned in the memory of Eli Setencich at 3:46 P.M. City of Fresno 13 of 13* Subject to mayoral veto 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 8:30 AM Council ChambersThursday, July 24, 2014 Regular Session The City Council met in regular session at the hour of 8:30 A.M. in the Council Chamber, City Hall, on the day above written. 8:35 A.M. ROLL CALL Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Present:6 - Councilmember Paul CaprioglioAbsent:1 - Invocation by Sarbjit Singh of the Sikh Institute, Fresno Pledge of Allegiance to the Flag Ceremonial Presentations: Proclamation of "AMERICANS WITH DISABILITIES ACT AWARENESS DAY" - Councilmember Xiong Presented. City of Fresno 1 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft Approve City Council Minutes ID#14-200 Approval of City Council minutes from June 19, June 26, and July 10, 2014 On motion of Acting President Baines, seconded by Councilmember Brand, the above MINUTES were approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - Approve Successor Agency and FRC Minutes ID#14-212 Approval of Successor Agency and Fresno Revitalization Corporation minutes from June 19 and June 26, 2014 The FRC Minutes will be brought back to council due to a publication complication. On motion of Acting President Baines, seconded by Councilmember Brand, the above Successor Agency MINUTES were approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - Councilmember Reports and Comments Councilmember Brand asked for clarification from the City Manager Rudd on the City’s Stage Two water restrictions. He asked if the watering restrictions are two set days. City Manager Rudd responded that the two set days are based on odd and even addresses, for more detailed information the City Manager called up Thomas Esqueda, Director of Public Utilities. Director Esqueda stated that odd addresses can water on Tuesdays and Saturdays and even addresses can water on Wednesdays and Sundays. Watering should take place after 7:00 p.m. and before 6:00 a.m. There was more discussion about conservation goals and citizen outreach and education. Councilmember Brand talked about new technology timers that could possibly be used by the City to help reduce water waste. City of Fresno 2 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft City Manager Rudd also discussed other things that can be done by the City to help reduce water waste. He also stated that if citizens see any waste at a City facility to call 621-CITY to report it so we can respond as quickly as possible. Council President Brandau wanted to clarify if the $500 fine was a State law. City Manager Rudd responded that it is a State law and the City only charges a $45 fine warning and any time after a warning the violator is fined only $45. No one in Fresno will be fined $500. Council President Brandau asked how the City got out of participating in $500 fine. City Manager Rudd responded that it was a recommendation or guide, it was not a mandate. Council President Brandau requested that the City Manager put out a press release to clarify this information because the council offices are getting all kinds of calls about this issue. He also gave direction to have staff address any city water issues as soon as possible. The City Manager stated that direction was already given to staff yesterday. Councilmember Xiong also spoke on the water issue. His office received a call regarding the $500 fine from a citizen believing the City will be charging $500. Councilmember Xiong asked the City Manager to send out a tray memo to everyone with what the State’s recommendation is and a summary on the impact on the City of Fresno and other neighboring cities. Councilmember Xiong also stated that his office received a call from some of the people who use the Veteran’s Auditorium stating that the air conditioning was down. Scott Mozier, Director of Public Works said that the Facilities Management Department received a work order regarding the air conditioning this week and the electrician was dispatched out the next day. Minor repairs in the lunch room and another small room were needed. Councilmember Xiong thanked Scott Mozier and his team for working on a couple of the projects in his district. He also wanted to thank the fire fighters for working on Nutra Ag in Viola which will help the business community. Councilmember Xiong reported that he will bring the item for gap in insurance policy for small developers to the first meeting in August. City of Fresno 3 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft Approve Agenda City Clerk Spence announced: File 12-152 on the Consent Calendar regarding the purchase of Taser video cameras had been continued to July 31, 2014 per staff; File ID# 14-179 on the Consent Calendar regarding payday lending was subject to Mayoral veto; there was a special closed session that was notice seperately. On motion by Acting President Baines, seconded by Councilmember Olivier, the AGENDA was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - 1. CONSENT CALENDAR The following member(s) of the public spoke on Consent Calendar Items: Barbara Hunt (File ID#'s 14-023, 14-152, 14-179, and 13-354) APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Brand, seconded by Councilmember Olivier, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - ID#14-023 RESOLUTION - Declaration of results from June 3, 2014, Consolidated Direct Primary Election Sponsors:City Clerk's Office The above item was moved to the Contested Consent Calendar for further discussion by President Brandau. City of Fresno 4 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft ID#14-125 Award a requirements contract in the amount of $184,563 to Olin Corporation dba Olin Chlor Alkali Products (“Olin’’), for bulk sodium hydroxide and authorize the Director of Public Utilities, or his designee, to execute a one-year contract with provisions for two one-year extensions - Bid File 9278 (Citywide) Sponsors:Department of Public Utilities The above Item was approved on the Consent Calendar. ID#14-129 Approve a substitution of a listed subcontractor Halopoff & Sons, Inc., for the Van Ness Avenue Pavement Overlay from Inyo Street to Railroad Avenue (Council District 3) Sponsors:Public Works Department The above Item was approved on the Consent Calendar. ID#14-152 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 Sponsors:Police Department The above item was removed the agenda and continued to July 31, 2014. ID#14-155 Approve a substitution of a listed subcontractor Halopoff & Sons, Inc., for the Herndon Avenue Eastbound Widening from Brawley Avenue to Blythe Avenue - Council District 2 Sponsors:Public Works Department The above Item was approved on the Consent Calendar. ID#14-156 Approve a substitution of listed subcontractor McCurley and Day Masonry, Inc., for the Universally Accessible Park - (Council District 1) Sponsors:Public Works Department The above Item was approved on the Consent Calendar. City of Fresno 5 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft ID#14-179 BILL NO. B-30 (Intro. 6/26/2014) (For adoption) - Amending the Fresno Municipal Code to establish zoning and use regulations for payday lending (Citywide Application) - Development and Resource Management Department Sponsors:Development and Resource Management Department ORDINANCE 2014-34 ADOPTED The above item was approved on the Consent Calendar. ID#13-354 Approve Structure Lease Agreement with Cingular Wireless at City of Fresno Parking Garage #7 located at 801 Van Ness Avenue (Council District 3) The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR ID#14-023 RESOLUTION - Declaration of results from June 3, 2014, Consolidated Direct Primary Election Sponsors:City Clerk's Office Brandi Orth, County Clerk and Registrar of Voters addressed the City Council to speak about the June 3, 2014 election stating the Gubernatorial Primary Election was held June 3rd and the City of Fresno had four councilmember seats up for election. The District 1 seat will move on to the General election to be held November 4, 2014. The City of Fresno has 110,430 register voters, 19% of the registered voters voted in the June election. Of the 21,000 voters, 70% voted by mail and 30% voted at the polls. The County Elections Department established 128 polling locations throughout the city and provided four vote by mail drive through sites. The Elections Department is currently in the middle of candidate filing for the November election. Filing will close August 8th at 5:00 p.m. for anyone who wants to be a candidate or for any entity that wants to put a measure on the November ballot. Ms. Orth stated that the Elections Department appreciates the good relationship they have with City Clerk Spence, adding that she is professional, knowledge and a good public service. Councilmember Xiong asked Ms. Orth what the consistent issues are regarding voting that has been raised by most cities. City of Fresno 6 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft Ms. Orth responded when she visits cities polling locations are usually the main concerns. The Elections Department are governed by many laws regarding establishing polling locations and they work very closely with the City Council and City Clerks to find the best locations in those cities. Councilmember Xiong also asked if we have the financial ability to address the concerns that are raised. Ms. Orth responded the Board of Supervisors has adequately funded her department and since she arrived they have turned a few dollars back to the County at the end of the budget year. Council President asked how the 19% that voted in the June election compared to other cities. Ms. Orth responded she did not have that information about cities, but compared to the County which was 26%, the City is just below the County. Overall the County was the middle of the pack in the State of California, but some of the small Counties ended up getting up to 40%. The November elections get more action, because they have more measures and special districts on the ballot. RESOLUTION 2014-120 ADOPTED On motion of Acting President Baines, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - 2. GENERAL ADMINISTRATION No General Administration items were on the agenda. 3. CITY COUNCIL No City Council items were on the agenda. UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Barbara Hunt - discussed the election, Federal and Community Development Block Grant money for Southwest Fresno and Southwest Fresno in relation to the General Plan. City of Fresno 7 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft 4. CLOSED SESSION The City Council met in special closed session (noticed seperately) in Room 2125 from 9:28 A.M. to 11:15 A.M. to discuss the following: ID#14-204 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Ken Phillips, Jeff Cardell Employee Organizations: IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt) City of Fresno Professional Employees Association (CFPEA) City of Fresno Management Employees Association (CFMEA) Fresno Airport Public Safety Supervisors (FAPSS) CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd, Jeffrey Cardell Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator City of Fresno 8 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to the Mayor City Attorney City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Labor Relations Manager Labor Relations Secretary Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Redevelopment Administrator Retirement Administrator Risk/Safety Manager City of Fresno 9 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft Senior Budget Analyst Senior Deputy City Attorney Senior Human Resources/Risk Analyst Supervising Deputy City Attorney Sponsors:Personnel Services Department The following member(s) of the public spoke on this item: Barbara Hunt. The above item was discussed in closed session. No open session announcements were made regarding this item. 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID#14-107 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. RESOLUTION confirming the diagram and assessment and levy of annual assessment, 2014-2015, for Landscaping and Lighting District No. 1 Sponsors:Public Works Department Scott Krauter, Public Works Department gave a presentation to Council regarding this item. Mr. Krauter stated that this action is the second part to the whole process that allows the City to put on the tax rolls the assessment to collect funds through the LMD services through the year. Notice was published in the Fresno Business Journal about this hearing and invited anyone to provide a letter of protest. Mr. Krauter checked with the City Clerk’s Office and no letters of protest were received. Also there is no rate increased proposed and we are not annexing any new territory in at this time. When Council President Brandau asked if anyone from the public wanted to speak on the item, no one from the public came forward. Councilmember Quintero asked staff about the amount the assessment collected and if the annual assessment was adopted by council by a resolution in 1983 has the amount that City of Fresno 10 of 11* Subject to mayoral veto July 24, 2014City Council Meeting Minutes - Draft we collect continued to go up over the years. Mr. Krauter stated prior to1996 and the passage of proposition 218 this hearing would have included any new subdivision that wanted to annex into the district. Councilmember Quintero asked if the amount of the land that you take care of has not increased. Mr. Krauter responded no not since 1996. City Manager Rudd stated that all of the cost related to landscaping has gone up, but the level of service received has been reduced. Councilmember Quintero asked City Manager Rudd if the Council could get a memo on how to initiate a Prop 218 hearing and asked City Attorney Sloan to include options. RESOLUTION 2014-121 ADOPTED On motion of Acting President Baines, seconded by Councilmember Xiong, the above Item was approved. The motion carried by the following vote: Aye:Baines, Brand, Quintero and Xiong4 - No:Brandau1 - Absent:Caprioglio and Olivier2 - UNSCHEDULED COMMUNICATION CONTINUED The following member(s) of the public spoke to Council about items not on the agenda: George Hostetter of the Fresno Bee - questioned the authority to hold clossed sessions concerning labor negotiations for the City Manager, Police Chief, City Clerk and City Attorney as opposed to discussing those positions in open session. City Attorney Sloan responded to Mr. Hostetter and stated the authority was foud in the Brown Act and that Council set the parameters for the terms and conditions of those contracts through salary resolutions. ADJOURNMENT Adjourned at 11:28 A.M. City of Fresno 11 of 11* Subject to mayoral veto 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 8:30 AM Council ChambersThursday, July 31, 2014 Regular Session The City Council met in regular session at the hour of 8:30 A.M. in the Council Chamber, City Hall, on the day above written. 8:39 A.M. ROLL CALL Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Present:6 - Councilmember Paul CaprioglioAbsent:1 - Invocation by Pastor Chue Koua Xiong Pledge of Allegiance to the Flag Ceremonial Presentations: ID#14-213 Proclamation of ‘NATIONAL NIGHT OUT” - Acting President Baines Sponsors:City Councilmember Baines Presented City of Fresno 1 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft ID#14-215 Presentation of P.R.I.D.E. Team Certificates to City Employees for the Summer Quarter (Reception immediately following - 2nd floor foyer) Sponsors:City Clerk's Office Presented RECESSED 9:19 A.M. to 9:39 A.M. APPROVE COUNCIL MINUTES Approve June 26, 2014 FRC minutes Laid over to August 21, 2014 Approve July 17, 2014 Council minutes Laid over to August 21, 2014 Councilmember Reports and Comments Councilmember Olivier acknowledged and welcomed Andrew Gileo from Edison High School who would be observing him at work throughout the day. Approve Agenda City Clerk Spence announced the following changes to the agenda: with regard to File ID# 14-229 on the Consent Calendar, the appointment of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton to the Fresno Housing Authority were continued to August 21, 2014 (the other appointments would remain on the agenda); the 10:00 A.M. Scheduled Communication by Ike Gerwal, File ID# 14-207, was contiuned to an unspecified date; Consent Calendar item ID# 14-192 regarding agreements with Unison to complete the purchase of a defined easement for the cell site at Fires Sation 13 was removed from the agenda by staff. City of Fresno 2 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft City Clerk Spence reminded the audience that File ID#14-197 scheduled for 2:00 P.M. regarding the draft General Plan, was a workshop and no public comment would be heard. On motion of Councilmember Xiong, seconded by Councilmember Olivier, the AGENDA was approved as amended. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR The following member(s) of the public spoke on Consent Calendar Items: Barbara Hunt (File ID# 14-152) On motion of Councilmember Olivier, seconded by Acting President Baines, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - ID#14-152 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 Sponsors:Police Department The above item was moved to the Contested Consent Calendar for further discussion by Councilmember Quintero. City of Fresno 3 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft ID#14-159 * 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) Sponsors:Development and Resource Management Department RESOLUTION 2014-122 ADOPTED The above item was adopted on the Consent Calendar. ID#14-192 Approve agreements with Unison to complete the purchase of a defined easement for the cell site at Fire Station 13 Sponsors:Fire Department The above item was removed from the agenda by staff. ID#14-194 *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 Sponsors:Personnel Services Department The above item was approved on the Consent Calendar. ID#14-195 *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 Sponsors:Personnel Services Department The above item was approved on the Consent Calendar. City of Fresno 4 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft ID#14-229 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) Sponsors:Mayor's Office All appointments were made except for those of Karl Johnson, Timothy D. Lowe and Craig Scharton whose appointments were continued to August 21, 2014. The above item was approved as amended on the Consent Calendar. CONTESTED CONSENT CALENDAR ID#14-152 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 Sponsors:Police Department The following member(s) of the public spoke on this item: Barbara Hunt RESOLUTION 2014-123 ADOPTED On motion of Councilmember Quintero, seconded by Acting President Baines, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - City of Fresno 5 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft 2. GENERAL ADMINISTRATION ID#14-172 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 Sponsors:Public Works Department Design Services Manager Goonawardena presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt RESOLUTION 2014-124 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Xiong, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - ID#14-173 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 City of Fresno 6 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft the base bid all add alternates for the McKinley Avenue Wireless ITS Project from Highway 99 to Clovis Avenue rebid Sponsors:Public Works Department Design Services Manager Goonawardena presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt On motion of Councilmember Brand, seconded by Acting President Baines, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - ID#14-178 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 Sponsors:Public Works Department Design Services Manager Goonawardena presented the item to Council. The following memeber(s) of the public spoke on this item: Barbara Hunt On motion of President Brandau, seconded by Acting President Baines, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - City of Fresno 7 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft ID#14-199 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) Sponsors:Public Works Department Senior Real Estate Agent Caldwell presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt On motion of President Brandau, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - 3. CITY COUNCIL ID#14-210 RESOLUTION of the Council of the City of Fresno, California, supporting California Assembly Bill 69 Sponsors:City Councilmember Brand and City Councilmember Brandau President Brandau and Councilmember Brand presnted the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt RESOLUTION 2014-125 ADOPTED On motion of President Brandau, seconded by Councilmember Brand, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - City of Fresno 8 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 AM SCHEDULED COMMUNICATION ID#14-207 Appearance by Ike Grewal of the Sikh Community Activist to request approval of a discount on the fees for the Convention Center The above item was continued to an unspecified dated. 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 The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 10:33 A.M. to discuss the following: ID#14-208 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 Director Murphey presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt City of Fresno 9 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft CITY COUNCIL VOTE On motion of Councilmember Xiong, seconded by President Brandau, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand and Xiong4 - Absent:Caprioglio, Olivier and Quintero3 - SUCCESSOR AGENCY VOTE (members are City Councilmembers) On motion of Member Xiong, seconded by Member Brandau, the above item was approved. The motion carried by the following vote: Aye: 4 - Brandau, Baines, Brand and Xiong Absent: 3 - Caprioglio, Olivier and Quintero JOINT MEETING ADJOURNMENT Adjourned at 10:38 A.M. UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Barbara Hunt - discussed consultants and fraudulent work in relation to the Successor Agency to the Redevelopment Agency of the City of Fresno. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 10:45 AM - 1 Note: Both 10:45 AM items (ID #'s 14-183 and 14-188) were approved by Council with a single vote. ID#14-183 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. Sponsors:City Attorney's Office City of Fresno 10 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft City Attorney Sloan and Senior Deputy City Attorney Camarena presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt BILL B-32 INTRODUCED, AMENDED AND LAID OVER On motion of Councilmember Quintero, seconded by Councilmember Xiong, the above item was introduced, amended and laid over. The amendment included: (i) limits on the number of complaints that could be made; (ii) a limit on complaints based on proximity to violations, and: (iii) a one year review period with six month report. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Quintero and Xiong5 - No:Olivier1 - Absent:Caprioglio1 - 10:45 AM - 2 ID#14-188 *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 Sponsors:City Attorney's Office City Attorney Sloan and Senior Deputy City Attorney Camarena presented the item to Council. Senior Deputy City Attorney Camarena read the following corrections into the record: The second sentence of pargraph "e" on page four should be changed from "No appeal hearing shall be scheduled at the same time as any other hearing," to " Except for routine parking citation appeals, no appeal hearing shall be scheduled at the same time as any other hearing." Fresno Municipal Code section 1-507(c), referenced in the final sentence of paragraph "e" on page four should be changed to Fresno Municipal Code section "1-408(c)" The following member(s) of the public spoke on this item: Barbara Hunt City of Fresno 11 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft BILL B-33 INTRODUCED, AMENDED AND LAID OVER On motion of Councilmember Quintero, seconded by Councilmember Xiong, the above item was introduced, amended and laid over. The amendment included: (i) limits on the number of complaints that could be made; (ii) a limit on complaints based on proximity to violations, and: (iii) a one year review period with six month report. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Quintero and Xiong5 - No:Olivier1 - Absent:Caprioglio1 - RECESSED 11:28 A.M. to 1:39 P.M. 1:30 P.M. ID#14-181 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) Sponsors:Development and Resource Management Department Development and Resources Management Director Clark presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt President Brandau motioned to delay the decision on this item until after the courts ruled on the validity of the High Speed Rail Project. Councilmember Olivier seconded the motion which City of Fresno 12 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft failed by the following vote: Aye: 2 - Brandau and Olivier Noes: 4 - Baines, Brand, Quintero and Xiong Absent: 1 - Caprioglio On motion of Acting President Baines, seconded by Councilmember Xiong, the above item was approved in part (#2 authorizing the DARM Director to enter into an agreement with AECOM) and failed in Part (#1 Resolution to amend the AAR) by the following vote: Aye:Baines, Brand, Quintero and Xiong4 - No:Brandau and Olivier2 - Absent:Caprioglio1 - NOTE: For the above item (ID#14-181) the proposed resolution to amend the Annual Appropriation Resolution failed as it required five affirmative but only recived four affirmative votes. The decision to authorize the Director of DARM to enter into a professional services agreement with the firm of AECOM Technical Services did not require 5 affirmative votes and passed by the majority vote. 2:00 P.M. ID#14-197 Workshop on the City of Fresno’s Draft General Plan Sponsors:Development and Resource Management Department Development and Resources Management Director Clark introduced the item and Mark Steele of MW Steele Group presented the workshop. Council began the question and answer portion of the workshop after closed session. 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 3:03 P.M. to 3:52 P.M. to discuss the following: City of Fresno 13 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft ID#14-201 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 Sponsors:City Attorney's Office The above item was discussed in closed session. City Attorney Sloan announced in open session that Council had approved a settlement in the above matter by the following vote: Aye: 6 - Brandau, Baines, Brand, Olivier, Quintero and Xiong Absent: 1 - Caprioglio ID#14-218 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 Sponsors:City Attorney's Office The above item was discussed in closed session. City Attorney Sloan announced in open session that Council had approved a settlement agreement in the above matter by the following vote: Aye: 5 - Brandau, Baines, Brand, Olivier and Xiong Abstained: 1 - Quintero Absent: 1 - Caprioglio SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED City of Fresno 14 of 15* Subject to mayoral veto July 31, 2014City Council Meeting Minutes - Draft 2:00 P.M. CONTINUED ID#14-197 Workshop on the City of Fresno’s Draft General Plan Sponsors:Development and Resource Management Department The above workshop was held. Councilmember Xiong directed staff to clearly define the goals and objectives of the City when dealing with gentrification of neighborhoods. 3:00 P.M. ID#14-203 Actions Pertaining to Initiative Measure to Repeal the Four Year Water Rate Plan and Required Council Action. Sponsors:City Clerk's Office City Attorney Sloan provided an introduction on the item for Council. The following member(s) of the public spoke on this item: Barbara Hunt, Al Smith, Doug Vagim, Cary Catalano, Lauren Harding. Acting President Baines stated, for the record, that the approach decided upon was the soundest way forward and he looked forward to an enhanced process and enhancements to the project that would benefit the rate payers. On motion of President Brandau, seconded by Acting President Baines, the above BILL 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 was introduced and laid over. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - Absent:Caprioglio1 - ADJOURNMENT Adjourned at 5:41 P.M. City of Fresno 15 of 15* Subject to mayoral veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-303 Agenda Date:8/21/2014 Agenda #: SUCCESSOR AGENCY / FRC MINUTES FOR APPROVAL Approval of Successor Agency minutes from July 31,2014 and Fresno Revitalization Corporation minutes from June 19 and 26, 2014. City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ Successor Agency to the Redevelopment Agency of the City of Fresno Minutes July 31, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair 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 The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 10:33 A.M. to discuss the following: ID#14-208 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 Director Murphey presented the item to Council. The following member(s) of the public spoke on this item: Barbara Hunt July 31, 2014 SA - 49 CITY COUNCIL VOTE On motion of Councilmember Xiong, seconded by President Brandau, the above item was adopted. The motion carried by the following vote: Aye: 4 – Brandau, Baines, Brand and Xiong Absent: 3 – Caprioglio, Olivier and Quintero SUCCESSOR AGENCY VOTE (members are City Councilmembers) On motion of Member Xiong, seconded by Member Brandau, the above item was approved. The motion carried by the following vote: Aye: 4 – Brandau, Baines, Brand and Xiong Absent: 3 – Caprioglio, Olivier and Quintero JOINT MEETING ADJOURNED Adjourned at 10:38 A.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk July 31, 2014 SA - 50 Fresno Revitalization Corporation Minutes June 19, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair Absent: Ashley Swearengin FRC Member The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 7:54 P.M. to discuss the following: 3:00 P.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 A Actions pertaining to property located at 939 G Street 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency action) Action Taken: ADOPTED 2. Approve a purchase and sale agreement with DFP Ltd LP for 939 G. Street (APN 467-071-05T) within the City of Fresno (Successor Agency action) Action Taken: APPROVED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Caprioglio / Board Member Brandau Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None B. RESOLUTION - Approving the Long Range Property Management Plan (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-23 AND FRC-12 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand June 19, 2014 FRC - 24 Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin C. RESOLUTION - Approving the loans made by the City of Fresno to the former Redevelopment Agency of the City of Fresno as an enforceable obligation and make a finding that each of the loans were made for a legitimate redevelopment purpose (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-24 AND FRC-13 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin ADJOURNMENT 8:03 P.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk June 19, 2014 FRC - 25 Fresno Revitalization Corporation Minutes June 26, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair Absent: Ashley Swearengin FRC Member The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 10:58 A.M. to discuss the following: 10:00 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 A. Approve an amended and restated Owner Participation Agreement, in the amount of$870,000, from TFS Investments, LLC to Fultonia W est/Cedar Heights Scattered Site, LP for the development of a Scattered Site Project on APN’s 452-274-05, 452-274-16 and 471-220- 55 (Council District 5) (City action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. CITY COUNCIL VOTE Motion / Second: Councilmember Caprioglio / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: None Absent: Olivier B. Successor Agency to the Redevelopment Agency consider adopting and approving: 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency and FRC action) Action Taken: ADOPTED June 26, 2014 FRC - 26 2. Purchase and sale agreement between the Successor Agency to the Redevelopment Agency of the City of Fresno and Bitwise Industries LLC for the sale of a certain former Redevelopment Agency parcel located at 730 & 738 Van Ness (APN’s 468- 253-11T & -15T) within the City of Fresno (Successor Agency and FRC action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier, Swearengin Approve minutes of June 19, 2014 Action Taken: CONTINUED TO JULY 17, 2014 ADJOURNMENT 11:06 A.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk June 26, 2014 FRC - 27 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-123 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division DAVID CISNEROS, Project Manager Public Works Department, Traffic and Engineering Services Division SUBJECT Approve the attached Utility Relocation Agreement with the California High-Speed Rail Authority (CHSRA) (Council Districts 1, 2 & 3) RECOMMENDATION It is recommended that the Council approve the attached Utility Relocation Agreement with the CHSRA in substantially the form presented subject to final approval as to form by the City Attorney’s office and authorize the Public Works Director or his designee to sign on behalf of the City. EXECUTIVE SUMMARY The City of Fresno has negotiated a Utility Relocation Agreement with the CHSRA and has mutually agreed to the majority of the terms and conditions for the relocation of City utilities along the high- speed rail corridor within the City’s Sphere of Influence,generally from the San Joaquin River south to American Avenue.Approval by the Council will allow the agreement to be executed subject to City Attorney approval as to form. BACKGROUND On May 3,2012,the Council approved a Memorandum of Understanding with the CHSRA to develop a Cooperative Agreement between the CHSRA and the City of Fresno.The Agreement,through a series of meetings with staff,negotiating specific terms and conditions,has evolved into a Utility Relocation Agreement, which is now ready for the Council to consider approving. Utilities,as defined in the agreement,relates to City utilities such as water mains,sanitary sewer City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-123 Agenda Date:8/21/2014 Agenda #: Utilities,as defined in the agreement,relates to City utilities such as water mains,sanitary sewer mains and the network of fiber optic cables that support the City’s Intelligent Traffic System (ITS). The Agreement requires the CHSRA contractor to relocate all utilities that conflict with the construction of the rail corridor so that services provided by the affected utilities are not interrupted. All relocation work must comply with the City’s Construction Standard’s and Specifications. ENVIRONMENTAL FINDINGS CHSRA has completed the required Environmental Impact studies for the high-speed rail corridor through Fresno. LOCAL PREFERENCE Not Applicable FISCAL IMPACT There will be no impact to the General Fund or any City operating funds associated with the recommended action.All City costs for services provided under the existing agreements,including this agreement, will be paid for by the CHSRA project funding. Attachment:Utility Relocation Agreement City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ CALIFORNIA High-Speed Rail Authority Utility Relocation Cooperative Agreement with the City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT THIS AGREEMENT is entered into and is effective this day of , (the "AGREEMENT") through the completion of the initial construction section located within the City of Fresno for the high-speed rail project, by and between the California High- Speed Rail Authority , an agency of the State of California , whose principal place of business and mailing address is 770 L Street, Suite 800, Sacramento, California 95814, hereinafter referred to as the "AUTHORITY", and the City of Fresno, a California Municipal Corporation~ whose principal mailing address for purposes of this AGREEMENT is 2600 Fresno Street, 4th Floor, Fresno , CA 93721, hereinafter referred to as the "CITY". 1. RECITALS WHEREAS, AUTHORITY is currently engaging in a program that has various projects under current provisions of Section 2704.04 of the Streets and Highway Code ("S&H Code") and Sections 185030 and 185511 of the Public Utilities Code throughout the State of California identified as the California High-Speed Rail Projects (collectively the "PROJECT"); and WHEREAS, the PROJECT will require the protection , relocation , installation , or removal of certain UTILITIES , as defined herein , located within the RIGHT-OF-WAY OF CITY , or some combination thereof, including any submittal review , inspection, environmental mitigation, certification or other oversight activity specific to CITY'S UTILITIES (collectively "UTILITY WORK"); and WHEREAS, the AUTHORITY is responsible for the RELOCATION of UTILITIES that are in conflict with the design or construction of the PROJECT, including the execution and funding of RELOCATION ; and WHEREAS, the AUTHORITY'S CONTRACTOR for the first construction package of the PROJECT is responsible for complying with the AUTHORITY'S commitments to mitigate impacts to the City in the Final Environmental Impact Report/Environmental Impact Statement for the Merced to Fresno section of the PROJECT.; and WHEREAS , the AUTHORITY'S CONTRACTOR for the second construction package of the PROJECT is responsible for complying with the AUTHORITY'S commitments to mitigate impacts to the City in the Final Environmental Impact Report/Environmental Impact Statement for the Fresno to Bakersfield section of the PROJECT; and WHEREAS, AUTHORITY and CITY desire to enter into an agreement which establishes the contractual terms and conditions applicable to that portion of the UTILITY WORK related to the RELOCATION of UTILITIES. ACCORDINGLY , AUTHORITY and CITY hereby agree as follows : 2. DEFINITIONS As used in this AGREEMENT , the following terms have the following meanings : 2.1 AUTHORITY Page 1 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT "AUTHORITY" means the California High-Speed Rail Authority and its authorized representatives. 2.2 AUTHORITY'S CONTRACTOR "AUTHORITY'S CONTRACTOR" means the proposer who is awarded the design and construction of any portion of the PROJECT. 2.3 BETTERMENT "BETTERMENT" means any upgrading of the UTILITY being relocated that is not attributable to the PROJECT construction and is made solely for the benefit of and at the election of the CITY. BETTERMENT does not mean those differences in cost caused by changes in design or manufacturing standards, availability of materials, regulatory requirements or any upgrading required by CITY's standard specifications, standards of practice, or construction methods applied to comparable facilities constructed by or for the CITY at its own expense, which are in effect as of the date of the specific permit application for that UTILITY work. Additionally, neither mitigation measures called for in the adopted environmental impact reports nor the City's Utility Design Criteria are considered BETTERMENT 2.4 CITY "CITY" means the City of Fresno, a municipal corporation. 2.5 CITY PERMITS "CITY PERMITS" means any permits required by the CITY for CITY'S UTILITY WORK within RIGHT OF WAY OF THE CITY . 2.6 DIRECTOR "DIRECTOR" means CITY's Director of the Department of Public Works or his or her designee. 2.7 DRY UTILITIES "DRY UTILITIES" shall mean all UTILITIES other than water and sewer, including fiber optic UTILITIES . 2.8 FACILITY "FACILITY" or "FACILITIES" means any publicly owned and operated road, street, bridge, or grade separation. The term "FACILITY" or "FACILITIES" includes traffic signals, street lights, and railroad crossing equipment associated with roads, streets, bridges and/or grade separations, as well as any electrical conduits and feeds ·providing service to such facilities. For this purpose, all electrical lines that connect (directly or indirectly) to traffic signals, street lights, crossing equipment, communication facilities owned or used by CITY, CITY irrigation controller equipment, or CITY transit shelters shall be deemed to Page 2 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT provide service to such facilities. Electrical transmission facilities not serving said FACILITIES are not covered under the terms of this section. 2.9 HAZARDOUS MATERIAL "HAZARDOUS MATERIAL(S)" means any hazardous substance, hazardous material, or hazardous waste as defined under local, state or federal law and/or any substance, material, waste, or other material of any nature whatsoever which may give rise to liability under state or federal law. 2.10 HSR RIGHT-OF-WAY "HSR RIGHT-OF-WAY" means any restricted access right-of-way for the PROJECT. 2.11 PARTIES "PARTIES" refers to the AUTHORITY and CITY, collectively. 2.12 PROJECT "PROJECT" refers to the projects under current provisions of Section 2704.04 of the Streets and Highway Code ("S&H Code") and Sections 185030 to 185511 of the Public Utilities Code throughout the State of California. 2.13 RAILROAD RIGHT-OF-WAY "RAILROAD RIGHT-OF-WAY" means the right-of-way of any rail line registered with the California Public Utilities Commission, except for HSR RIGHT-OF-WAY. 2.14 RELOCATION "RELOCATION" means removal, relocation, reconstruction, deactivation, protection or any other rearrangement of a CITY FACILITY or UTILITY with the RIGHT OF WAY OF THE CITY as ordered and approved by both AUTHORITY and CITY to accommodate AUTHORITY'S PROJECT. RELOCATION shall include, but not be limited to: preparation of relocation plans, drawings, and designs; engineering; planning; inspection; acquisition of necessary rights-of-way and replacement right of way; permitting; testing and certifying; compliance with commitments and conditions set forth in the environmental documentation; coordination with regulatory agencies and any miscellaneous related work by AUTHORITY sufficiently engineered to allow construction of the ordered RELOCATION by AUTHORITY'S CONTRACTOR. "RELOCATION" includes design for reasonable access, subject to CITY approval, for operation and maintenance of CITY FACILITY or UTILITY when HSR Right-of-Way and Railroad Right-of-Way are abutting. For the purpose of providing RELOCATION, HSR Right-of-Way and Railroad Right-of-Way shall be considered abutting if there is less than 50 feet between the respective rights of way. Page 3 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT 2.15 RESTORATION WORK "RESTORATION WORK" is all work necessary to place CITY UTILITIES and FACILITIES in permanent working conditions, at the very least at the same level as when AUTHORITY commenced UTILITY WORK herein, where for reasons outside of the control of AUTHORITY, the PROJECT is cancelled or altered. Unless otherwise agreed to in writing by the PARTIES, RESTORATION WORK shall be performed in accordance with the General Plan of the CITY in place and approved by the City Council at the time of the restoration work . 2.16 RIGHT-OF-WAY OF CITY "RIGHT-OF-WAY OF CITY" means any real property right held by CITY in the form of either a recorded or fully executed deed or other property right for the UTILITY . 2.17 STAKEHOLDERS "STAKEHOLDERS " means the CITY , AUTHORITY , AUTHORITY 'S CONTRACTOR , and any other third party entities affected by the PROJECT , including regulatory agencies , railroads , local agencies , and public and private utility owners . 2.18 UTILITY "UTILITY" or "UTILITIES " refers to any pole, pole line, pipeline, conduit, cable , aqueduct , or other structure used for CITY owned utility services including CITY owned water , sewer , and Intelligent Transportation System components. 2.19 UTILITY WORK "UTILITY WORK" means those activities related to the RELOCATION of any UTILITIES located within the RIGHT OF WAY OF CITY. UTILITY WORK also includes any work related to the FACILITIES that are impacted by the UTILITY WORK. UTILITY WORK explicitly excludes wet ties. Wet ties will be performed by the CITY as part of the CITY permitting process and is not included within the scope of this AGREEMENT. 2.20 UNFORESEEN WORK "UNFORESEEN WORK " means any new , extra, or unanticipated work not previously contemplated in AUTHORITY 's design/build contract with AUTHORITY'S CONTRACTOR , found essential to the satisfactory completion of the PROJECT (including the RELOCATION of FACILITIES and UTILITIES). 2.21 DAYS AND WORKING DAYS "DAY'S " means calendar days unless otherwise stated . "WORKING DAYS" means each weekday that is not an Authority Designated Holiday or a weather day as designated by the AUTHORITY 'S resident engineer. An "Authority Designated Holiday" means New Year's Day (January 1 ), Martin Page 4 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT Luther King, Jr. Day (third Monday in January), President's Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November), the day after Thanksgiving (fourth Friday in November), and Christmas Day (December 25). 3. WORK TO BE DONE 3.1 UTILITY WORK The UTILITY WORK to be performed under this AGREEMENT will involve the RELOCATION of UTILITIES that are in conflict with the design or construction of the PROJECT, including those identified in Appendix Band the Merced to Fresno and Fresno to Bakersfield Final Environmental Impact Reports for the PROJECT. RELOCATION shall include compliance with the AUTHORITY'S commitments to mitigate impacts to the City in the Final Environmental Impact Reports/Environmental Impact Statements for the Merced to Fresno and Fresno to Bakersfield sections of the PROJECT including, but is not necessarily limited to: obtaining all necessary permits from the CITY; and ensuring that the operations of AUTHORITY'S CONTRACTOR comply with the mitigation measures and permit requirements. AUTHORITY'S responsibility for such mitigation located within the CITY's sphere of influence shall survive termination of this AGREEMENT and until such time as all written notices of completion from regulatory agencies have been obtained by AUTHORITY and copies provided to the CITY, upon request. All designs and plans for UTILITY WORK are to be developed in cooperation with the CITY. Any issues identified related to the design of the RELOCATION are to be addressed and resolved among the CITY, AUTHORITY and AUTHORITY'S CONTRACTOR designated technical staff. 3.2 BETTERMENT WORK No work performed pursuant to this AGREEMENT shall be a BETTERMENT. 3.3 UNFORESEEN WORK AUTHORITY shall be responsible for all unforeseen work . 4. LIABILITY FOR WORK 4.1 AUTHORITY'S EXPENSE Unless the CITY agrees otherwise in writing, the UTILITY WORK and all other work contemplated herein or as a result of AUTHORITY'S compliance with this AGREEMENT shall be performed at the AUTHORITY'S expense. 4.2 CITY'S EXPENSE Page 5 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT CITY shall not be responsible for payment of any work performed pursuant to this AGREEMENT, unless otherwise agreed to in writing. 4.4 DELAYS AUTHORITY and CITY acknowledge and agree that delays in the performance of UTILITY WORK may impact the public convenience, safety and welfare , and that monetary damages could be inadequate to compensate for delays in the construction of the PROJECT. Consequently, the PARTIES shall make all reasonable and good faith efforts to facilitate the PROJECT. 4.5 AUTHORITY'S CONTRACTOR CLAIMS In the event AUTHORITY'S CONTRACTOR or other party retained by AUTHORITY provides a notice of intent to make a claim against AUTHORITY relating to UTILITY WORK, AUTHORITY shall, in accordance with AUTHORITY'S procedure, notify CITY of the notice of intent and CITY shall cooperate with AUTHORITY, at AUTHORITY 'S expense, in analyzing and resolving the claim within a reasonable time; provided, however that AU T HORITY shall not cause CITY to become a party to any such claim . AUTHORITY shall defend, indemnify, and hold the CITY harmless in the event of any claim brought against CITY due to PROJECT construction and design pursuant to Section 2 of Appendix A. 4.6 DISPUTES This section is not applicable to the CITY'S permitting process . It is noted, that for the purposes of Construction Package 01, under the terms of Contract HSR 13- 06, the Design-Builder is liable for design activities related to the Third Party Facility Work, including planning, local agency encroachment permits, preliminary design, engineering , surveys, coordination with all interested parties, final design, construction document preparation, scheduling , cost estimates, quality assurance and control (See HSR13-06, General Provisions , Section 49 .1.1 ). The PARTIES agree to work in good faith to resolve any disputes . If a dispute cannot be resolved at the technical level, it will be elevated to the City Manager or his or her designee for the CITY and the Regional Director or his or her designee for the AUTHORITY to resolve. Notwithstanding any dispute, the PARTIES agree that they will continue their respective performances required herein, and such continuation of efforts shall not be construed as a waiver of any legal right or power (a) of any PARTY under this AGREEMENT or any other agreement executed pursuant hereto, or (b) otherwise available pursuant to applicable law. Records of the UTILITY WORK shall be kept in sufficient detail to enable payment in accordance with applicable provisions in this AGREEMENT irrespective of the ultimate outcome of any dispute . Page 6 of 19 City of Fresno Cal ifornia High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT 5. PERFORMANCE OF WORK 5.1. AUTHORITY RESPONSIBLE FOR WORK AUTHORITY is responsible for performing, or causing to be performed by AUTHORITIES CONTRACTOR, all UTILITY WORK contemplated herein or to be performed as a result of the AUTHORITY'S compliance with this AGREEMENT by the completion of the PROJECT. As between CITY and AUTHORITY, AUTHORITY shall be responsible for all tasks and obligations assigned to AUTHORITY 'S CONTRACTOR (including but not limited to those of AUTHORITY 'S CONTRACTOR's authorized agents , architects, engineers, or subcontractors) for any UTILITY WORK contemplated herein. A breach by AUTHORITY 'S CONTRACTOR shall be a breach by AUTHORITY for purposes of this AGREEMENT. 5.2. PERFORMANCE OF WORK The UTILITY WORK to be performed by AUTHORITY or AUTHORITY 'S CONTRACTOR will be done under the CITY 'S current permitting process. The AUTHORITY 'S CONTRACTOR will be required to obtain CITY PERMITS as applicable. 5.3. STAKEHOLDER COLLABORATION CITY agrees to collaborate with AUTHORITY , AUTHORITY 'S CONTRACTOR, and any other third-party entities affected by the PROJECT(S), including regulatory agencies , other local agencies , and public and private utility owners (collectively "STAKEHOLDERS "). The PARTIES shall work together to identify collaborative methods for resolving issues that may arise as part of the PROJECT. As between CITY and AUTHORITY , AUTHORITY shall be solely responsible for the soliciting the participation of STAKEHOLDERS in such a collaboration, STAKEHOLDERS will be requested by AUTHORITY to attend an initial kick-off workshop as well as subsequent periodic meetings as scheduled throughout the duration of the PROJECT(S). During the initial workshop , AUTHORITY shall request that STAKEHOLDERS develop procedures and agreements as specified in Appendix F. "STAKEHOLDER COLLABORATION ," included herein , to facilitate the collaborative relationship and aid in identifying and resolving issues as they arise throughout the PROJECT(S). Reimbursement to CITY for its actual cost to prepare for and participate in the initial workshop and subsequent stakeholder meetings shall be made by AUTHORITY . 5.4. RESTORATION WORK If the HSR Project which precipitated this AGREEMENT is canceled or modified Page 7 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT so as to eliminate the necessity of work, the AUTHORITY will notify CITY in writing and AUTHORITY reserves the right to terminate this AGREEMENT by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the AGREEMENT, and performance of RESTORATION WORK, including restoration of disturbed facilities where applicable. 6. CITY FEES AUTHORITY shall be responsible to CITY for applicable fees in accordance with CITY'S Master Fee Schedule as required for CITY PERMITS, as applicable . CITY hereby consents to accepting said payment from AUTHORITY'S CONTRACTOR in accordance with Section 5 herein . 7. APPENDIXES The following Appendixes are attached to this AGREEMENT and incorporated by reference herein. Appendix A. Special Terms and Conditions Appendix B. City of Fresno Utility Design Criteria Appendix C. Stakeholder Collaboration IN WITNESS WHEREOF , the parties hereto have executed this AGREEMENT effective the day and year first written . [Signature Page Follows] Page 8 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT CALIFORNIA HIGH-SPEED RAIL AUTHORITY JEFF MORALES , CHIEF EXECUTIVE OFFICER APPROVED AS TO FORM: THOMAS FELLENZ , CHIEF COUNSEL CITY OF FRESNO SCOTI MOZIER , PUBLIC WORKS DIRECTOR ATTEST: YVONNE SPENCER , CMC , CITY CLERK DEPUTY APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE RAJ SINGH BADHESHA , DEPUTY CITY ATTORNEY DATE DATE DATE DATE DATE Page 9 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT APPENDIX A: SPECIAL TERMS AND CONDITIONS 1. DEFAULT In the event that AUTHORITY materially breaches this AGREEMENT, then in addition to any other remedies which are otherwise provided for in the AGREEMENT or by law or equity, CITY may exercise one or more of the following options: A. Pursue a claim for damages suffered by CITY. B. Perform any work with its own forces or through subcontractors and seek repayment for the cost thereof. Termination of this AGREEMENT shall not relieve either PARTY from any obligations it has pursuant to other agreements between the PARTIES , nor from any statutory obligations that either PARTY may have with regard to the subject matter hereof, nor from any obligations under this AGREEMENT. 2. INDEMNIFICATION Each PARTY shall hold harmless , and indemnify the other PARTY and its respective governing Boards, officers, directors, employees , authorized agents, engineers, contractors or subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' and expert witness fees and costs) that arise out of or as a result of any negligent act or omission or its officers, agents, employees , engineers, contractors or subcontractors in carrying out obligations under this Agreement executed pursuant hereto, except to the extent that such expense, liability or claim is proximately caused by the negligence or willful misconduct of the PARTIES indemnified or their respective agents , servants, or independent contractors who are directly responsible to such indemnified PARTY . For purposes of this provision, as between CITY and AUTHORITY, AUTHORITY shall be responsible for all actions of AUTHORITY'S CONTRACTOR and shall hold harmless and indemnify CITY from any action of AUTHORITY 'S CONTRACTOR. Insurance: The AUTHORITY'S CONTRACTOR will add the CITY as an additional insured on any policy of it is a beneficiary in connection with the WORK performed hereunder. 3. FORCE MAJEURE Neither the CITY nor the AUTHORITY shall be liable to the other for any failure to perform under this AGREEMENT to the extent such performance is prevented by the following : A. Earthquake exceeding 3 .5 on the Richter scale ; Page 10 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT B. Tidal wave; C. Epidemic, blockade, rebellion, war, riot, act of terrorism or civil commotion; D. Discovery at, near or on the site of any archaeological, paleontological, cultural, biological or other protected resources, provided that the existence of such resources was not discovered during the environmental review process; E. Lawsuit seeking to restrain, enjoin, challenge or delay construction of the PROJECT or the granting or renewal of any Governmental Approval of the PROJECT; or F. Strike, labor dispute, work slowdown, work stoppage, secondary boycott, walkout or other similar occurrence occurring within the vicinity of the PROJECT where each participant in such occurrence is not a CITY or AUTHORITY related entity . The foregoing events shall relieve a PARTY of liability only if the PARTY'S failure to perform as a result of such event is beyond its control and not due to an act or omission of the PARY and could not have been avoided by due diligence or use of reasonable efforts and the PARTY claiming the excuse from performance has: A. Promptly notified the other PARTY of the occurrence and its estimated duration, B . Promptly remedied or mitigated the effect of the occurrence to the extent possible, and C. Resumed performance as soon as possible. To the extent applicable, if any such event of Force Majeure occurs, the CITY agrees, if requested by the AUTHORITY, to accelerate its efforts if reasonably feasible in order to regain lost time, so long as the AUTHORITY agrees to reimburse the CITY for the reasonable and actual costs of such efforts. Force Majeure excludes: A. Fire or other physical destruction or damage, including lightning, explosion, drought, rain, flood, earthquakes equal to or under 3.5 on the Richter scale, hurricane, storm or action of the elements or other acts of God; B. Except as provided in C of the definition of Force Majeure above, explosion or malicious or other acts intended to cause loss or damage or other similar occurrence; C. All other matters not caused by or beyond the control of the AUTHORITY or a PARTY employee or contractor and not listed in the definition of Force Majeure above. Page 11 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT 4. MAINTENANCE OF UTILITIES DURING PROJECT UTILITIES shall at all times remain the property of the CITY and shall be properly protected and maintained by the CITY, provided, however, that CITY shall not be required to protect UTILITIES within the construction site during RELOCATION by AUTHORITY or AUTHORITY'S CONTRACTOR. AUTHORITY shall be responsible for maintenance of any UTILITIES within the construction site, including during RELOCATION thereof by AUTHORITY OR AUTHORITY'S CONTRACTOR, AUTHORITY'S CONTRACTOR'S operations within the construction site of the UTILITY , and until acceptance of the UTILITY by CITY following the CITY's permitting process. 5. HSR RIGHT-OF-WAY ACCESS Pursuant to California Public Utilities Code §185508 and §185509, CITY shall be allowed to cross HSR RIGHT-OF-WAY. From time to time, CITY may be required to access HSR RIGHT-OF-WAY for maintenance and emergency situations. For maintenance purposes, CITY will comply with AUTHORITY policies and procedures for access. HSR RIGHT-OF-WAY access policies and procedures should not be unduly burdensome. For emergency situations, CITY shall follow AUTHORITY emergency access policies and procedures. 6. RIGHT-OF-WAY OF CITY Whenever CITY'S affected UTILITIES will remain within HSR Right-of-Way, AUTHORITY and CITY shall enter into either a joint use agreement or consent to common use agreement of the subject area. Whenever CITY'S affected UTILITIES are to be relocated from the existing RIGHT-OF- WAY OF CITY to a new location that falls outside such existing RIGHT-OF-WAY OF CITY, AUTHORITY shall convey or cause to be conveyed a new right-of-way for such relocated UTILITIES; For such RELOCATIONS, AUTHORITY shall issue, or cause to be issued, to CITY, without charge to CITY or credit to AUTHORITY, appropriate replacement rights in the new location acceptable to CITY for those rights previously held by CITY in existing RIGHT-OF-WAY OF CITY. In consideration for these replacement rights being issued by AUTHORITY, CITY shall subsequently convey to AUTHORITY, or its nominee, within AUTHORITY'S Right-of-Way, all of its corresponding right, title and interest within the existing RIGHT-OF WAY OF CITY so vacated. If the existing Right-of-way of City includes fee title, the Authority shall acquire from the City, for just compensation under State law, those property rights required by the Authority for its UTILITIES by separate transaction , leaving to the CITY those remaining property rights appropriate for the placement and operation of the CITY'S UTILITIES in the HSR RIGHT-OF-WAY. Page 12 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT 7. AGREEMENT FINAL EXPRESSION OF THE PARTIES This AGREEMENT constitutes the complete and final expression of the PARTIES with respect to the subject matter and supersedes all prior agreements, understandings, or negotiations, except that the PARTIES understand and agree that AUTHORITY will have written policies and procedures which shall be applicable as written at the time of the execution of this contract. Copies of AUTHORITY policies and procedures will be provided to CITY as soon as practicable after they become available. This Agreement cannot be modified except by an instrument, in writing, signed by each of the parties. Should any provision of AUTHORITY'S policies and procedures conflict with this AGREEMENT, this AGREEMENT shall govern to the extent permitted by law, with the exception of safety requirements for the HSR RIGHT-OF-WAY. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of California . Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. Venue for any action shall lie exclusively in Sacramento County, California pursuant to Public Utilities Code section 185038. 9. NOTICES All required notices may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and for time calculations purposes shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. CITY shall have a continuing obligation to notify AUTHORITY of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: lfto CITY: City of Fresno Scott Mozier, Director Department of Public Works 2600 Fresno Street, 41h Floor Fresno, CA 93721 Facsimile: (559) 488-1045 If to AUTHORITY: California High-Speed Rail Authority Thomas Fellenz, Chief Counsel 770 L Street , Suite 800 Sacramento , CA 95814 E-mail: Thomas.Fellenz@hsr.ca.gov Page 13 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT 10. HAZARDOUS MATERIAL Upon discovery of HAZARDOUS MATERIAL in connection with the UTILITY WORK, both CITY and AUTHORITY shall immediately confer to explore all reasonable alternatives and agree on a course of action . A. AUTHORITY will pay, in its entirety , those costs for additional necessary effort undertaken within HSR RIGHT-OF-WAY to comply with existing statutes or regulations concerning the disposition of HAZARDOUS MATERIAL found as a consequence of that UTILITY WORK. B. AUTHORITY will pay, in its entirety those costs for additional necessary efforts undertaken within the area of the replacement property right located outside HSR RIGHT-OF-WAY which is required to comply with existing statutes or regulations concerning the disposition of HAZARDOUS MATERIAL. C. Each PARTY to this AGREEMENT retains the right to pursue recovery of its share of any such HAZARDOUS MATERIAL related costs from the other PARTY or third parties in accordance with existing law , except that AUTHORITY may not pursue recovery from CITY and the CITY will not pursue recovery from the AUTHORITY, in locations where Phase II testing has confirmed no HAZARDOUS MATERIAL is present. 11. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of, and shall be binding upon , the successors and assigns of the PARTIES. 12. STATE AND FEDERAL FUNDS No funds or resources are allocated or encumbered as against this Agreement and AUTHORITY'S obligations and duties are conditioned upon sufficient funds being made available to the AUTHORITY by the United States Government or the California State Legislature for the purpose of this PROJECT. 13. AUDIT CITY agrees that the awarding department, the Department of General Services , the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this AGREEMENT. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated . CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, CITY agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this AGREEMENT. (Gov . Code §8546.7 , Pub. Contract Code §10115 et Page 14 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT seq., CCR Title 2, Section 1896). 14. TIMELINESS Time is of the essence in this AGREEMENT. 15. UNENFORCEABLE PROVISION In the event that any provision of this AGREEMENT is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this AGREEMENT have force and effect and shall not be affected thereby . Page 15 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT APPENDIX 8: CITY OF FRESNO UTILITY DESIGN CRITERA Unless otherwise agreed to in writing by the PARTIES, RELOCATION of UTILITIES shall be completed in accordance with City of Fresno UTILITY DESIGN CRITERIA. The following shall comprise CITY's UTILITY DESIGN CRITERIA and are attached hereto and incorporated herein: 1. These City of Fresno Utility Design Criteria listed within Exhibit B . 2 . Water Division Conditions (attached hereto and incorporated herein as Exhibit "B- 1 ") 3. Wastewater Division Conditions (attached hereto and incorporated herein as Exhibit "B-2 ") 4. California High-Speed Rail Environmental Comments and responses for the Final Environmental Impact Report/Environmental Impact Statement (Final EIR/EIS) for the Merced to Fresno section of the High-Speed Rail Project., Chapter 19 , Submission 703 , Pages 62 to 82 (attached hereto and incorporated herein as Exhibit "B-3 ") 5 . California High-Speed Rail Environmental Comments and responses for the Final Environmental Impact Report/Environmental Impact Statement (Final EIR/EIS) for the Fresno to Bakersfield section of the High-Speed Rail Project pertaining to the City of Fresno (attached hereto and incorporated herein as Exhibit "B-4 ") 6 . Graphic Representations of Special Conditions (attached hereto and incorporated herein as Exhibit "B-5 ") AUTHORITY shall deem a UTILITY DESIGN CRITERIA appearing on any one of the above-noted documents as appearing on all of the above-noted documents. The PARTIES acknowledge that the designs to be submitted by the AUTHORITY or AUTHORITY'S CONTRACTOR for the RELOCATION of UTIL TIES may change from time to time due to the nature of the design-build delivery model. AUTHORITY is responsible for ensuring that these UTILITY DESIGN CRITERIA are included in updated , modified , changed , or otherwise changed designs in effect at time of the permit application. Any conflict between DESIGN GUIDELINES in the above documents shall be resolved by the PARTIES in accordance with Section 4.6. If a conflict arises , AUTHORITY shall notify CITY immediately. CITY shall respond to AUTHORITY concerns regarding conflicts between CITY's DESIGN GUIDELINE documents in a timely manner. CITY shall have sole and final discretion over approval of final plans and issuance of permits for CITY UTILITIES and FACILTIES under the CITY 's permitting process . Deactivated Facilities 1. Deactivated CITY water and sewer pipeline FACILITIES that are disturbed by the Page 16 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT HSR PROJECT and are within the RIGHT-OF-WAY OF CITY shall be removed in accordance with existing CITY policies or otherwise agreed to in writing by CITY. All deactivated CITY water and sewer pipelines FACILITIES that are not disturbed by the HSR Project and are within the RIGHT-OF-WAY OF CITY will be allowed to remain in place, but shall be filled with concrete grout or equivalent in accordance with existing CITY polic ies or otherwise agreed to in writing by CITY. 2. Deactivated CITY FACILITIES that are within a RAILROAD RIGHT-OF-WAY shall be dealt with in accordance with railroad regulations . 3. Deactivated CITY FACILITIES that are within HSR RIGHT-OF-WAY shall be dealt with in accordance with AUTHORITY'S policies and procedures. Relocation of Water and Sewer 1. To the extent practicable, the sanitary sewer RELOCATION shall be designed to maintain gravity flow for the sanitary sewer system . Any variations to this guideline are to be designed in cooperation with the City of Fresno. Sewer lift station variances will only be approved in limited circumstances when it is mutually agreed by the PARTIES that maintaining gravity flow for the sanitary sewer system would not be feasible . AUTHORITY shall make every reasonable effort to maintain gravity flow and avoid the necessity for lift stations. 2. AUTHORITY's activities shall be designed and scheduled to ensure there will not be a break in delivery of service for water and sewer, unless otherwise agreed to in writing by CITY. 3. All existing and future crossing points for water and sewer lines under the HSR and UPRR corridors will be protected in casings, unless otherwise agreed to in writing by CITY. 4 . All future water lines for recycled water or potable water that are in the City of Fresno 2035 Water Master Plan that cross the HSR RIGHT-OF-WAY must be provided with protective casings . 5 . No water and/or sewer lines greater than 8 inches in diameter shall be relocated into or attached to a non-CITY owned and maintained structure . Relocation of DRY UTILITIES 1. Any outage shall be noticed thirty (30) calendar days prior if non-critical (Traffic Synchronization only); but if it is a critical fiber path for CITY , County of Fresno , City of Clovis, Fresno Unified School District , or Clovis Unified School District, the outage Page 17 of 19 City of Fresno California High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT must be mitigated by the AUTHORITY at least thirty (30) calendar days in advance. A thirty (30) calendar day notice shall be provide prior to any work on major fiber runs and after mitigation has been established. 2. The Adaptive System needs the server and communications to be up 24 hours a day, seven days a week . In addition, communication from the CITY's Traffic Operation Center to the field should not be interrupted during between November 15 and January 5 of any year, nor shall it be interrupted during any California State University, Fresno home football game . It is crucial that the Adaptive System be fully functioning for traffic control during these periods. 3. No outages shall be allowed on Fresno Street or SR180/"G" Street (outages means AUTHORITY is cutting into the continuous ITS trunk fiber cables on Fresno Street or at SR180 and "G " Street). 4 . Fiber optic trunk line (which runs from hub cabinet to hub cabinet) and feeder fiber cables (which run from hub cabinets to intersection cabinets) and associated vaults , cameras, communications cabinets shall not be relocated without CITY review and approval of plans . All fiber optic cables that need to be relocated shall be relocated from origination point (TOC or hub cabinet) to point of demarcation (hub cabinet or intersection cabinet) to retain original continuity without introducing new splice points. All new infrastructure shall be according to CITY Intelligent Transportation Systems Standards , Specifications , and Qualified Product List and 100% compatible and operable with existing equipment and systems. Page 18 of 19 City of Fresno Cal ifornia High-Speed Rail Authority UTILITY RELOCATION COOPERATIVE AGREEMENT APPENDIX C: STAKEHOLDER COLLABORATION In order to accomplish PROJECT(S) through the most effective means available, PARTIES will collaborate as agreed to in Section 5.2 "STAKEHOLDER COLLABORATION." As part of this collaborative relationship , a cooperative management team would be developed , which would draw on the strengths of each team member in an effort to achieve a quality project within budget and on schedule . Collaboration is strongly encouraged in preference to formal dispute resolution and adjudication mechanisms. Collaboration in this context is intended to be mandatory, but non-binding. The identified procedures will be available for use by the STAKEHOLDERS to resolve issues that may arise during the performance of UTILITY WORK. INITIAL KICK-OFF WORKSHOP In order to achieve effective and efficient completion of the PROJECT(S), the STAKEHOLDERS agree to conduct a kick-off workshop where they will identify issues for resolution that are present or foreseeable and engage in joint problem solving and action planning on the issues identified. At a minimum, during this workshop , participants will develop the following procedures and agreements to facilitate the collaborative relationship and aid in identifying and resolving issues as they may arise throughout the PROJECT: A. "Issues Resolution Ladder'' (IRS) -a hierarchy of those individuals within the PROJECT including the STAKEHOLDERS and Dispute Resolution Board and extending across organizational boundaries to address issues as they arise to facilitate communication and address issues before those issues are elevated to the next ladder run-g . B. "Stakeholder Collaboration Implementation Plan ''-the intention of this plan is to sustain the collaborative relationship after the kick-off meeting by establishing monthly or quarterly schedule of stakeholder meetings and any procedures necessary for the identification and resolution of any issues during the performance of the UTILITY WORK to be addressed by the STAKEHOLDERS . C. "Stakeholder Charter''-the charter will express the vision for the project , a statement of mutual goals and pos itive behavior practices and will be a visual reminder of mutual commitment to the collaborative vision , goals and relationship . The charter will be signed by all STAKEHOLDERS . The AUTHORITY shall be responsible for the organization of the Initial Kick-Off Workshop. STAKEHOLDER MEETINGS The purpose of the stakeholder meetings will be to evaluate the efficacy of the stakeholder relationship and review its processes as necessary to improve or correct any procedures/practices and efficiently identify and resolve PROJECT issues. Page 19 of 19 City of Fresno EXHIBIT B-1 PUBLIC UTILITIES DEPARTMENT WATER DIVISION CONDITIONS Cit y o f ~.,~~~·~\1~ rnKi:.;;:;~~~~ Department of Public Utilities Water Division 1910 East University Avenue Fresno , California 93703-2927 559-621 -5300-FAX 559-488-1024 www.fresno .gov DATE: October 15, 2013 SUBJECT: REQUEST FOR CITY OF FRESNO PLAT REVIEW Providing Life's Essential Services The City of Fresno Water Division has reviewed the City of Fresno Plat Package and has the following comments: 1. The plats identify the relocation of numerous existing water mains operated by the City . The following items pertain to the City's standards, policies and procedures for water main construction: a. All public water facilities shall be constructed in accordance with the City of Fresno Department of Public Works standards, specifications, and policies . b. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for all proposed additions and/or modification to the City water system. The plans shall depict neighboring parcels and proposed plans for their continued service, the location for all irrigation, fire, and domestic water services and backflow prevention devices if required. All proposed City water mains shall be looped; dead end mains will not be allowed. c. All proposed water main additions and/or modification to the City water system shall be constructed or remain within the public right-of-way or within a dedicated water main easement as approved by the City. Water main easements shall be a minimum of 30-feet in width and be clear, unobstructed, and accessible at all times by the City. d. Pursuant to Fresno Municipal Code Sec. 6-527(b), the City of Fresno will perform all connections to the live water system including water main wet ties, service taps, and abandonments . The HSR project will be responsible for the cost of all City performed connections. Cost estimates for the City performed connections will be prepared when improvement plans are submitted to the City for review. The cost for all connections (except for water service installations 2-inch and smaller) will be based on the actual time, materials and equipment used to perform the work . The cost for water service installations 2-inch and smaller will be the current fee identified in the City of Fresno Master Fee Schedule which can be viewed at the following link: http://www.fresno .gov/Governmen t/DepartmentDi rectorv/Fina nce /Budget/MasterFee Sc hedu le/CurrentFisca IT ableofContents. htm @ A Nationally Accredited Public Utility Agency "'·~ . .., ... 2. All existing wells within the HSR project area shall be sealed and abandoned in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards . 3. Due to the limited number of water mains crossing the Highway 99, Union Pacific Railroad (UPRR), and proposed HSR corridor, the City may increase the size of existing water mains crossing the HSR alignment as necessary to ensure satisfactory levels of water service are maintained. Water main sizing will be determined when utility improvement plans are submitted to the City for review . 4. All proposed water main relocations shall be a minimum size of 8-inches in diameter. 5. All City water mains to be relocated shall be reconstructed utilizing new materials . The reuse of existing pipe , fittings, hydrants, and other ancillary materials and equipment will not be approved. 6. All Plats -The plan indicates that existing water mains crossing the proposed HSR alignment are to be protected in place . All City water mains crossing the HSR alignment shall be constructed/reconstructed utilizing new ductile iron pipe within a steel conductor casing. No split casings for the preserving of existing water mains will be approved. 7. Plat 5-Upsize the proposed 14-inch water main in North Carnegie Avenue to 16-inches. 8. Plat 5 -Upsize the proposed 14-inch water main in North Golden State Boulevard to 16- inches. 9. Plat 6 -Upsize the proposed 14-inch water main in North Golden State Boulevard to 16- inches . 10 . Plat 7 -Upsize the proposed 14-inch water main in North Golden State Boulevard to 16- inches. 11. Plat 7 -Upsize the proposed 14-inch water main in the crossing of the HSR between North Weber Avenue and North Golden State Boulevard to 16-inches. 12 . Plat 7 & 8 -Abandon the existing 8-inch water main located in West Shaw Avenue between North Golden State Boulevard and North Cornelia Avenue. Provide water services to affected parcels. 13 . Plat 8 -Construct new 16-inch water main in steel casing between North Golden State Boulevard & West Shaw Avenue.' 14. Plat 8 -Upsize the proposed 14-inch water main in North Golden State Boulevard to 16- inches. 15. Plat 9 -Upsize the proposed 14-inch water main in North Golden State Boulevard to 16- inches. 16. Plat 1 0 -Upsize the proposed 14-inch water main in North Golden State Boulevard to 16- inches. 17. Plat 10 -Reconstruct the existing 14-inch water main with a 16-inch water main in steel casing in West Ashlan Avenue between North Golden State Boulevard and North Marty Avenue. 18. Plat 10 -Replace the 14-inch water main in North Golden State Boulevard between of West Ashlan Avenue and West Swift Avenue with a 12-inch water main. 19 . Plat 11 -Abandon the 14-inch diameter water main in North Parkway Drive between West Dakota Avenue and West Shields Avenue and replace with a 16-inch water main. 30 -foot easement required. 20 . Plat 14 & 15 -Relocate the 12-inch water main located in North Parkway Drive south of West Vassar Avenue to the new alignment. 21. Plat 15 -Retain the existing 12-inch water main located in West Vassar Avenue between North Pleasant Avenue and the new North Parkway Drive alignment. 22. Plat 15 -Retain the existing 8-inch water ma in in the North Lafayette Avenue Alignment. 23 . Plat 16 -Construct a 12-inch diameter water main in the proposed West McKinley Avenue Connector. 24. Plat 16 -Abandon the existing 8-inch main and replace with a 12-inch water main in North Golden State Boulevard from the proposed "McKinley Connector" north to serve APN 442- 122-26. 25. Plat 16-Reconstruct 12-inch water main with a steel casing located under crossing. 26. Plat 16 -Provide sufficiently sized cas ing for future 30-inch Regional Transmission Main under crossing . 27. Plat 17-Replace 12-inch water main with a 16-inch water main in steel casing between Pump Stat #054 and North Golden State Boulevard . 28. Plat 17 & 18 -Relocate the 12-inch water main located in West Olive Avenue between North West Avenue & North Golden State Boulevard to the south side of road . 29. Plat 17 & 18 -Reconstruct 12-inch water main within a steel casing in West Olive Avenue under the proposed cross ing . 30 . Plat 18 -Relocate or reconstruct the 12-inch water main within West Belmont Avenue between North Arthur Avenue and North Thome Avenue . 31. Plat 18-Reconstruct the 12-inch water main in North Thome Avenue at the HSR crossing and continue water main to West Belmont Avenue . 32 . Plat 18 -The proposed City water main crossing HSR at West Belmont Ave will not allow the City to access the water main due to the proximity of the proposed gas facilit ies. The Belmont/HSR water main crossing design will require additional planning and revisions prior to City approval . 33 . Plat 19 -Construct a 16-inch water main within a steel casing in East Divisidero Avenue from G Street to North Roosevelt Avenue . 34. Plat 21 -Install steel casing for future 16-inch water ma in between G Street and H Street. 35 . Plat 21 -Reconstruct 12-inch water main for the new Fresno Street underpass and within a steel casing crossing the future HSR. 36 . Plat 22 -Reconstruct 12-inch water main within a steel casing in Kern Street at future HSR crossing . 37 . Plat 22 -Install steel casing for future 24-inch Regional Transmission Main in Mono Street between G Street and H Street. 38. Plat 22 -Relocate existing 12-inch water main within a steel casing in Ventura Boulevard between G Street and H Street. 39. Plat 22 -Install steel casing for future 16-inch water main in Ventura Boulevard between G Street and H Street. 40. Plat 23-Reconstruct 12-inch water main within a steel casing in Monterey Street between G Street and H Street. 41 . Plat 23-Install a steel casing for future 24-inch Regional Transmission Main. 42. Plat 23 -Abandon 6-inch water main located in South Cherry Avenue and replace with an 8- inch water main. 43. Plat 24 -Abandon 8-inch water main located in South Sarah Street and relocate with a 10- inch water main. 44 . Plat 24 -Abandon 10-inch water main and construct a 12-inch water main within a steel casing in East Florence Avenue . 45. Plat 24 & 25 -Abandon 1 0-inch water main and construct a 16-inch water main within a steel casing in East Church Avenue. 46. Plat 25 -Abandon 12-inch water main in South Railroad Avenue and relocate through a 30- foot water main easement back to South Golden State Boulevard . 47. Plat 26 -Install a steel casing for future 16-inch water main in East Jensen Avenue between South Orange Avenue and South Golden State Boulevard . 48. Plat 27 -Replace affected 14-inch water main with a 16-inch water main within a steel casing in South Golden State Boulevard. 49. Plat 27 -Install a steel casing for future 24-inch water main in South Golden State Boulevard. 50. Plat 28-Is existing industrial business park to remain? Resolve connectivity issues in East Hardy Avenue and East North Avenue. 51. Plat 28-Replace 14-inch water main with a 16-inch water main within a steel casing in East North Avenue at the HSR crossing . 52 . Plat 29 -Reconstruct 14-inch water main with a 16-inch main within a steel casing located in East Muscat Avenue at the HSR crossing . EXHIBIT B-2 PUBLIC UTILITIES DEPARTMENT WASTEWATER DIVISION CONDITIONS c,ty ot ~B~~ .. I rnEZ.~ii';j~4~~ Department of Public Utilities Wastewater Management Division 5607 West Jensen Avenue Fresno, California 93706-9458 559-621-5100-FAX 559-498-1700 www.fresno.gov October 28, 2013 To: High Speed Rail Authority Subject: CALIFORNIA HIGH-SPEED TRAIN PROJECT SIERRA SUBDIVISION PACKAGE 1 C Scope of Work Drawings dated 4/27112 Providmq Ufe's Enerlllaf Serwces City of Fresno Department of Public Utilities Wastewater Management Division Comments Please review the following comments: 1. GENERAL NOTE 1: All access structures located in the HSR ROW or between the HSR and UPRR must be abandoned, refer to City of Fresno Standard Specifications section 17-8.5. If the access structure to be abandoned is located at a change in direction of a sewer the sewer must also be modified so that all changes in direction have access structures. In some cases the reroute of sewers will be required. 2. GENERAL NOTE 2: All sewer pipes to be demolished must be CCTV inspected for laterals prior to demolishing . All laterals must be investigated and if active must be rerouted to an active sewer. 3. GENERAL NOTE 3: All sewers which cross the HSR ROW must be protected in place with a steel casing which extends 10 feet past the HSR ROW. Additionally all sewers crossing the HSR must have an additional redundant steel casing capable of holding the existing sewer pipe installed parallel to the existing sewer. The redundant casing must maintain the slope and elevation of the existing sewer. 4. GENERAL NOTE 4: Any proposed change in direction of any sewer line must include a manhole at that location and the manhole must be in a location which is easily accessed by the City for maintenance. 5. Drawing number UT-C4060-Please refer to GENERAL NOTES 1, 2, 3, AND 4. Specifically, Wastewater (WW) requires an additional steel casing in place next to each sewer crossing under the HSR on this page there are (2) an 18" and a 27" diameter sewer lines. 6. Drawings number UT-C4061, C4062, and C4078-Please refer to GENERAL NOTES 1, 2, 3, AND 4 . The relocation/rerouting of the new sewer down the existing alignment down S. Sarah St is not preferred unless permanent access is provided for '4~A Nationally Accredited Public Utility Agency ·~· sewer maintenance (the Vactor truck access at minimum). Additionally WW requires steel casings in place next to each sewer crossing under the HSR on this page there are (2) a 20" and a 14" diameter. 7. Drawing number UT-C4063-Please refer to GENERAL NOTES 1, 2, 3, AND 4. At the UPRR crossing there are (4)-sewer lines {30",14",10" and 8"). The 30" is proposed to be relocated along a similar alignment which is acceptable as long as an additional spare casing is provided under the UPRR and HSR lines . The 14" sewer is proposed to be removed, this is unacceptable this is a forced main which is critical for future plans by the WW division. The 14" line may be realigned and/or grade changes made, as long as the pipe is reinstalled to serve the existing connections. The Relocation of the 1 0" sewer line is acceptable. The 8" private sewer is not private. It is a City of Fresno forced main. The line is active from the UPRR to the West. There is a service connection between manhole shown just to the West of the HSR and the manhole just to the East of the HSR. This must be rerouted out of the HSR alignment and reconnected to the West side of the HSR. There must be access outside the HSR alignment. 8 . Drawing number UT-C4064, UT-C4065. Please refer to GENERAL NOTES 1, 2, 3, AND4 9. Drawing number UT-C4066-Please refer to GENERAL NOTES 1, 2 , 3, AND 4. Wastewater (WW) requires an additional steel casing in place next to each sewer crossing under the HSR on this page there is a 48" diameter sewer line. 10. Drawing number UT-C4068-Piease refer to GENERAL NOTES 1, 2, 3, AND 4. Also there is a manhole shown between HSR line S1 and S2. This is unacceptable. All existing and/or new manholes must be outside the HSR and UPRR alignment to allow access for sewer maintenance. 11 . Drawing number UT-C4069-Piease refer to GENERAL NOTES 1, 2, 3, AND 4. WW requires an additional steel casing in place next to each sewer crossing under the HSR on this page there is a 1 0" diameter sewer line. 12.Drawing number UT-C4070-Please refer to GENERAL NOTES 1, 2, 3, AND 4. No sewer lines are shown on this plan. In North Avenue running under the proposed HSR are a 57" and 8" sewer line. Unless a permanent maintenance agreement is given to the City, WW requires an additional steel casing in place next to each sewer crossing under the HSR. Thank you, Kevin Norgaard Supervising Professional Engineer City of Fresno-DPU Wastewater Management Division 5607 West Jensen Avenue Fresno, CA 93706 Tel. 559-621-5297 Fax.559-498-1700 EXHIBITB-3 ENVIRONMENTAL IMPACT REPORT MERCED TO FRESNO RESPONSES TO SUBMISSIONS CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) October 13, 2011 Mr. Roelof van Arl<, CEO California High-Speed Ra il Authority 770 L Street , Su ite 800 Sacramento, CA 95814 RE : Comments regardi ng Merced to Fresno High Speed Train Draft EIRJEIS Dear Mr. van Ark : Thank you for the opportunity to review and comment on the Draft EI R/EIS for the Merced to Fresno segmen t of the proposed High Speed Ra il project. In an effort to make the High Speed Rail project the best for the State of California, for our metropolitan region and for the local community, please consider the comments the City Is providing as you prepare the Final EIR/EIS . Attached please find a detailed comments table wh ich addresses specific Issu es throughout the document . These concerns generally fall in to the categories below : • The need for underpasses versus overpasses at several street-railroad grade separation s: • Construction Impacts (traffic management plan , limitations and restrictions upon road closures); • Adequacy and timing of certa in traffic mitigations; • Econom ic impacts to busmesses , sales tax and property tax ; • Depressed trench versus ati;jrade profil e through downtown ; • Protection of ex1sting sewer and water pipelines , provisiOn for future crossings ; Noise and vibration ; • Adequacy of historic resources analys is; and • Treatment of Reeding Park In terms of fisca l and economic impacts , the City of Fresno wishes to emphasize that the high speed rail project should not result in any cost or negative revenue impacts to the City. City staff will be pleased to assist with processing of items required for the project including plan CALIFORNIA e~~i~;,~':~~:~ • • • Federal Railroad H1gh-Speed Ra1l Authonty 'e/1 Administration 703-1 703-2 City of Fresno Draft EIRJEIS Comments HST Merced to Fresno Page 2 checks for public Improvements , traffic control plan reviews , Inspections and acceptance of City facilities . Of course, CHSRA will be completely responsible for financing the mit igation measures within the City of Fresno or its sphere of influence , and as a result , no City of Fresno funds, resources or staff time will be required for the mitigation measures or processing of items unless the CHSRA fully compensates the City . U is the City 's expectation CHSRA will bear the full costs associated with the project's impacts , including impacts to the City's residents and businesses . Our specific comments are listed below by section of the Draft EIR!EIS . As can be seen from the extensive comments provided in th is letter. the City has concerns that the DE IRJE ISs have not sufficient ly analyzed a significant number of potentially significant environmental impacts to the City of Fresno from this Project. SECTION 2.1: ALTERNATIVES A critica l component of an EI R/E!S is its Alternatives Analysis . Though the E IR/EI Ss for the Bakersfield to Fresno and Merced to Fresno sections analyze alternative alignments for areas apart from the City of Fresno, the EIRJEISs analyze only one option for the rail alignmenUprofilethrough the City of Fresno. The City believes that th is single alternative is tn adequate and fa ils to comply with the requirements of CEQA and NEPA. Public Resources Code , section 21002 states that the Californ ia l eg islature finds and declares that it is the policy of the state that public agencies should not approve a pro!ect as proposed if there are feasible alternatives or feasible mitigation measures ava il able wh ich would substantially lessen the signific ant environmental effects of such projects. In addition , CEOA Guidelines , section 15126 .6 (c) states that the range of potential alternatives to the proposed project ~ include those that could feas1bly accompli sh most of the basic ob!ectives of the proiect and could avoid or substantially lessen one or more of the significant effects. The E IR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the seeping process and briefly explain the reasons underlying the lead agency's determ in ation . CEQA Gu idelines , section 15364 states that ~feasible " means capable of be ing accomplished in a successful manner within a reasonable period of time, tak ing In to account economic, environmental , legal, social and technological factors . The economic factors , such as cost of constructing an alterna tive, may be considered in detemun ing the feasibility of an alternative . However, Ca liforn ia cou rt s have stated tha t the fact that an alternative is more expensive than the project, does not make the alternative infeasible . The court in Citizens of Goleta Valley v. Board of Supervisors (1988) 197 Cai.App .3d 1167, 1181 stated as follows : The fact that an alternative may be more expensive or less profitable is not sufficient to show that the alternative is financially infeasible . What is required Is ev1dence that the additional costs or lost profitability are sufficiently severe as to render it impractical to proceed with the proiect. (Unde rlini ng added .} Here , the EIRIEIS states the project objectives and policies fo r the proposed HST system are as follows : Page 19-62 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Loca l Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011)-Continued 703-2 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 3 1. Provide Intercity travel capacity to supplement critically over-used interstate highways and commercial airports. 2 . Meet future intercity travel demand that will be unmet by current transportation systems , and inc rease capacity for Intercity mobility. 3. Maxim ize in termodal transportation opportunities by locating stations to connect with local transit, airports , and highways. 4. Improve the intercity travel experience for Californ ians by providing comfortable, safe, frequent, and reliable high-speed travel. 5. Provide a sustainable reduction in travel time between major urban centers . 6 . Increase the efficiency of the intercity transportation system. 7. Maxim iz e the use of ex isting transportation corridors and rights-of-way, to the extent feas ible . 8 . Develop a practical and econom ically viable transportation system that can be implemented in phases by 2020 and generate revenues in excess of operations and ma intena nce costs. 9 . Provid e in tercity travel in a manner sensitive to and protective of the region 's natura l and agricultural resources and reduce emissions and veh icle miles traveled for intercity trips . In th is regard , an entirely below-grade "trench~ style alternative through the City of Fresno's downtown area as depicted in the altached d iagram(s) could feasibly accomplish most of the bas ic objectives of the project as required for analysis by the EIR/EIS . First, the downtown ~trench~ alternativ e provides the same tnterci ty travel capacity to supplement critically over-used in terstate highways and commercial airports , and is consistent with the aat grade· profile alternative proposed by the draft EIR/EIS except that it would be below grade . Second , the downtown "trench • alte rnative merely adjusts the grade to mitigate environmental impacts caused by the option analyzed by the draft EIR/EIS , and will be able to fulfill the objective of meeting future intercity travel demand that will be unmet by current transportation systems, and increase capacity for intercity mobility, in substantially the same manner as the at.grade option . Th ird , station location alternatives, including the preferred Mariposa Station , will not be affected . As a result, the downtown "trench" alternat ive will continue to maximize in termodal transportation opportunities by locatin g stations to connect with local transit , airports, and highways in the same manner as the at-grade alternative . Fo urth, the downtown "trench" alternative will provide for the overall same improvement to the in tercity travel experience for Californians by provid ing comfortable, safe, frequent, and re li able high-speed traveL The grade separation will not affect safety , other than to improve emergency response times and public safety services on roadways passing over the below- g rade trench as compared to the at-grade alternative requ iring under-passes. steep over- passes or other impediments to vehicular and pedestrian tra ffic. Fifth, the downtown "trench " alternative wilt meet the objective of providing a sustainable reduction in travel time between major urban centers for the same reasons as the at-grade CALIFORNIA eiii'tll.._ U.S. Department ~ • of Transportation • • • Federal Railroad Htgh-Speed Ratl Authortty "e/i1 Administration 703-2 703-3 City of Fresno Draft EIRJEIS Comments HST Merced to Fresno Page 4 alternative analyzed in the EIR/EIS . It will also increase the efficiency of the in tercity transportation system in the same manner . Sixth, the downtown ~trench" alternative will meet the objective of maximizing the use of ex isting transportation corridors and rights-of-way, to the extent feasible . In this regard , the "trench " option will be located at the identical alignment as the at-grade option , and parallels ex isting Union Pacific Rail Road (UPRR) corridor to the extent feasib le . Attached are several cross-sections that have been developed by the City 's eng ineering consultant team . To date the Authority has not provided a cost analysis to indicate why th is option would not be feasib le, given this alternative's potential to be the environmentally superior alternative in terms of traffic circulation , aesthetics , socioeconomic and environmental justice considerations , and minimizing the disruption of an establish community . SECTION 3.2 : TRANSPORTATION Section 3 .2 .5.3 of the Draft EIR/EtS states that ~a Construction Management Plan would be prepared during final design that outlines transportation detours , plans to accommodate emergency service routes , and outreach activities to manage expectations and traffic cons train ts , among other items. Preparation of th is type of plan is a standard practice and incorporates local review and comment : Project construction has the potential , if not mitigated , to create significant impacts to emergency response and public safety, res ult in significant traffic congestion , delays and short- term air quality impacts bye ither the full closure of roadways or lane closures , that would in turn result in detours or significant delays to the traveling public and emergency responders .. Arterial and collector streets , within both the City and Caltrans right-of-way (i.e . freeway overpasses ) are re lied upon by emergency responders such as the Fresno Police Department and Fresno Fire Department. Detours , closures and lane restrictions therefore have the potential to impact emergency response tim es , thus creating a potentially significant impact to public safety that needs to be addressed . Ordinarily a stage construction and traffic handling plan would be prepared during the final design of a project, after CEQNNEPA clearance . However, due to the proposed design-build delivery method of the project, the City is concerned that th is approach will be inadequate , in that traffic control requirements that do not make it into the bid set, or bridging documents , would have a strong likelihood of becoming chang e orders , claims or generally cost increases to the project. The two Policing Dis tricts impacted by the HSR are the Northwest Policing District (HSR track north of McKinley Blvd) and the Southwest Policing District (HSR tracks south of McKinley Blvd). Information such as proposed construction schedules , defined construction zones, security needs for building sites or building materials (to coordinate with private security if used), would assist in developing adequate travel alternatives for law enforcement emergency calls . Of particular concern is the major re-routing of State Route 99 and reconstruction of the Clinton/SR-99 interchange along with ramp modifications and the potential adverse impacts public safety and the impacted LOS on these re-routed segments . It is not adequate to defer the development of a traffic management plan to the final design stage given the potential impacts which may or may not be mitigated by the future plan that would be developed . A comprehe nsive plan should be developed in conjunction with the Fresno Po lice Department, Page 19-63 CALIFORNIA HIGH -SPEED TRA I N PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Subm ission 703 (Mark Scott, City of Fresno, October 13, 2011) Continued 703-3 City of Fre sno Draft EIRJEI S Comments HST Merced to Fresno Page 5 Fresno Fire Department and California Hig hway Patrol for this area . Recons truction of the Ashlan Avenue overpass, along with major construction/grade separations on east.west roadways do not appear to have contemplated the impact upon emergency responders and public safety for the project area . More specificity is needed in order to ensure that these impacts are mitigated. The Draft EIRIEIS is inadequate in that it fails to address the myriad of potentially significant impacts associated with major reconstruction of freeway in terchanges such as Clinton Avenue at Sta te Route 99 , or major construction of grade separations at locations such as Shaw Avenue , Ashlan Avenue , McKinley Avenue , Olive Avenue , Belmont Avenue and multiple locations in downtown Fresno . The traffic control requirements need to put in place as mitigation measures to reduce these construction impacts to less than significant. The City believes the following restrictions should be incorporated in to the measures to mitigate these identified construction re lated impacts: • Maintain detection at signalized in tersections where alignment changes or widentng is necessary, in order that the traffic signal does not need to be placed on recall (fixed timing). • Changeable message signs (CMS) shall be employed to advise motonsts of lan e closures or detours ahead . The CMS shall be deployed seven (7) days prior to the start of construction at that location . • Where project construction will cause delays on major roadways during the construction penod the project shall provide for a network of CMS locations to provide adequate driver notification. For example , construction-related delays at the railroad grade separations that lead to State Route 99 freeway interchanges will require CMS placement to the east to allow drivers to make alternate route decisions . In the case of work on Shaw Avenue, recommended placement would be a CMS at Shaw Avenue just east of State Route 41 and a CMS at Shaw Avenue just east of Palm Avenue . Similar CMS usage shall be required along Ashlan Avenue , Clinton Avenue , McKin ley Avenue , Olive Avenue and Belmont Avenue . • The CHSRA in conjunction with the City of Fresno, Public Works Department shall develop a traffic management plan on surface transportation network to minimize potential impacts on public safety services . • During project construction alignment of roadways to be grade-separated and freeway overpasses to be reconstructed shall be offset from the existing alignment to greater facilitate stage construction wherever possible . In particular, Clinton Avenue over State Route 99 and Ashlan Avenue over the Union Pacific Railroad shall be offset from their exis tin g alignments to allow for the existing roadway to remain open while the new structure is be ing constructed . It is recogniz ed by the City that this type of staging may necessitate temporary ramps to and from State Route 99 during various phases of construction. Four travel lanes shall be maintained from 7:00am-9 :00 am and from 4:00pm-6:00pm on Shaw Avenue from Cornelia to Blythe Avenue (at UPRR), on Ashlan Avenue from Parkway to Valentine Avenue (at UPRR) and on Clinton Avenue from Marks Avenue to Weber Avenue {at SR-99). • The Veterans Boulevard overpass and construction of new alignments of Golden State Boulevard and Bullard Avenue shall be completed and open to traffic prior to the closure of the Carnegie Avenue at-grade railroad crossing . • One lane of traffic In each d irection must be maintained at all times for Olive Avenue and McK inl ey Avenue for the construction of the proposed grade separation s . No full CALl FORN lA e"-. U.S. Department ~ • of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty -.;Ji Administration 703-3 City of Fresno Draft EIRIEIS Comments HST Merced to Fresno Page 6 closures of these crossings shall occur, with the exception of short duration closures of less than 72 hours not more than once per month . • During any Belmont Avenue closures that are determined to be necessary, the adjacent crossings of Ol ive Avenue and Divis adero Street shall remain open with no lane closures at the two crossings. • In regards to the existing ra ilroad crossings at Divisadero, Tuolumne and Stan islaus , two of the three crossings shall remain open at any given time . Furthermore , the HST project has the potential to cause enormous disruption to east- west roadways in the City of Fresno. The Draft EIR/EIS has failed to analyze the construction impacts and to determine appropriate mitiga tion measures to traffic, air quality, public safety, emergency response and impacts to businesses who may lose significant amounts of business, or go out of business due to the HST construction impacts . In order to work toward mitigating these impacts , the City both recommends and requests that the HST project incorporate the full construction of Veterans Boulevard between Shaw Avenue and Herndon Avenue , in cluding the new freeway interchange at Veterans Boulevard and State Route 99, with the grade separation at the HSR/UPRR crossing and connections to Golden State Bou leva rd , as shown in the Veterans/99 Project Report , with six lan es on Veterans Boulevard between Barstow Avenue and Bu lla rd Avenue , with four lan es between Shaw and Barstow as well as four lanes between Bu llard and Herndon Avenue . Veterans Boulevard should be fully constructed prior to the grade separation work occurring at Shaw Avenue or Ashlan Avenue. Section 3 .2.7 of the Draft EIR/EIS identifies TR MM #6 , •Modify Signal Timing ~. as a proposed mitigation measure for certain intersections . The City disagrees with this proposed mitigation measure and as a rule does not accept th is for pr1vate development projects nor for projects proposed by other governmental agencies . The ana lysis and proposed mitigation measure Is flawed in that it does not represent an ~apples to apples• analysis of the intersection level of service (LOS) before and after the high speed ra il project. Optimized signal timing , incorporating the City policies on minimum green tim es for certain movements , staying within allowable cycle lengths for the overall signal and so forth , should be a given for existin g , existing plus project and future scenarios . Specifically intersection #9, Figarden/Bullard , is being affected by the proposed closure of the Carnegie Avenue/U PRR crossing, which will re-direct some traffic to Veterans Boulevard but some along Bullard Avenue to the Figarden/Bullard intersection. Physical improvements at the intersection need to be made to mitigate the impacts to th is existing signalized in te rsection . The logical Im provements to be considered in the EIR /EIS are dual left turn movements to serve the eastbound and northbound movements . Furthermore in Section 3.2 .7, the Draft EIR/EIS identifies a number of proposed future traffic mitigations. The currently proposed mitigation measu res fai l to provide adequate traffic mi tiga tion , either due to not going far enough to address the needs , not addressing specific performance standards or criteria for such future mitigation measures , or the measures fail to be consistent with the City's adopted General Plan and associated policies. The proposed measures need to be modified as follows in order to provid e adequate mi tigation measures: • Intersection #1 , Golden State and Santa Ana Avenue : Th is intersection should be signalized with construction of the Shaw Avenue grade se paration. The improvements to Golden State to provide two northbound left turn lanes and the improvement of Santa Ana to provide two westbound receiving lan es , needs to be part of the Shaw Avenue grade separation and High Speed Rail project's initial construction . Page 19-64 CALIFORNIA HIGH -SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Loca l Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-3 City of Fresno Draft EIRIEIS Comments HST Merced to Fresno Page 7 • Intersection #2, Cornel ia and Santa Ana : the City has developed a curved alignment to connect these two roadways and thus a stgnalized intersection wo uld be avoid ed . The realtg nment should be incorporated into the inittal HST project const ructton . • Intersect ion #3 , Cornelia Avenue and Shaw Avenue needs to be desig ned to meet LOS standards '" the future cond ition . To avoid greater right-of-way acqu isitions , the City would be willing to accept LOS E rather than D at Cornelia/Shaw in the future cond ition , but LOS F wou ld not be appropri ate as it would violate the City's 2025 General Plan . • Intersection #5 , Blythe Avenue and Shaw Avenue : In subsequent discu ssions with the Authority's engineering consultants , it has been determined that the Shaw Avenue profile could be modified to bring Shaw down more quickly (I.e . closer to 5%) and thus be able to reta in a Jenn ifer Avenue connection to Shaw Avenue . The City would want to see the Jenn ifer connectio n to Shaw as a nght-in , right-o ut intersection , not retaining the Shaw/Jennifer existing EB left turn lane because of the vertical curve , stopping distance and traffic sa fety con cerns . Thus the traffic modeli ng should be modified to preserve Shaw/Jenn ifer with westbound r~ghts and southbound right turns allowed . The fu11 cl osure of Jen nife r Avenue at Shaw Aven ue has the potential to adverse ly Impact busine sses in the area due to loss of circulation and would increase the amoun t of traffiC using Blyt he Ave nue north of Shaw Aven ue wh ich does not have the capacity fo r these additio nal movements , both in terms of volumes and capac ity for sta cking at tum pockets , as ev id enced by the HST project traffic tmpact ana lys is. The City notes that even wit h the requ ired con nection to be preserved at Shaw and Jennifer, the LOS at Blythe and Shaw wilt be impacted by the high speed ra il project and the mitigation measures sh ould be rev isited to evalu ate a se co nd ea stbou nd left tum la ne from Shaw to Blythe . • Intersection #7 , Corne li a Avenue an d Golden State Bou levard : The signa li zat ion of this intersection will be needed with the Shaw Avenue grade separation and needs to be included in the initial project construction • Intersection #14 , Veterans Bou levard and Bu llard Aven ue: The City takes exception to the consul tant's ana lys is and disagrees with any future need for grade-separating the through movement on Veterans Boulevard from Bullard Avenue . A thorough analysis is contained with in the Traffic Operations Report (TOR) for the Veterans/SR-99 Interchange project wh ich shows this future in tersection of Veterans and Bu ll ard /Bryan operating acceptably in the future yea r cond itions . • Roadway #5, Veterans Bou levard between Golden State and Bullard Avenue: The City takes exception to the consul tant's analys is and disag rees w1th any future need for eight lanes instead of six la nes on Veterans Boulevard within th ts roadway segment. The ana lys is that is contained with in the Traffic Operations Report (TOR ) for the Veterans/99 Interchange proje ct indicates acceptable LOS in future yea r operat io ns , contrary to the ana lys is conta ined with in the HST traffic impact ana lys is. • Intersection #11 , Clinton Ave/V+Jeber Ave : The mitigation measure to Install eastbound dual left tum lanes for the HST project ts supported by the City, but the mitigation measure as presented is uncl ear, in that the engineenng plans in the te chn ica l appendix need to be updated to reflect the intersection improvements being done as part of the proJect . • Page 3.2-111 , Mitigations for 2035 with project v. 2035 no project scenarios: The City is concerned that the DEIR /EIS does not prescribe a method for tmplementing these mitigation measures . Th 1s project is be ing funded with one-time money for th is segment and assuming other project segments are funded in a simil ar manner, those Federal CALl FORN lA e"-U.S. Department ~ • of TransportatiOn • • • Federal Railroad H1gh-Speed Ra1l Authonty 'ei/1 Adm inist ration 703-3 City of Fresno Draft EIRIEIS Comments HST Merced to Fres no Page 8 dollars may not be eligible to Implement future yea r mitigations for a previo usly constructed project segment, thus creating a CEQA/NEPA issue for these traffic impacts. Furthermore the HST project's recon figurations, realignments and road closures represent alterations to traffiC patterns that will be permanent upon project completion , thu s creating the impact at the time of project construction . Therefore the project must either construct these mitigation measures now with initial project construction , or create a legall y binding and enforceable agreement between the State of Ca liforn ia and City of Fresno for the construction of these improvements upon 180 days notice by the City when traffic conditions warrant the particular improvements. Such an agreement should be consistent with existing case law (Anderson First) and should be entered into prior to certification of the EIR/EIS . The City IS concerned that although the grade separation of Olive Avenue and the UPRR/HST corridors will also grade-separate the Olive/Golden State intersect ion , the red istri bution of turn ing movements from Olive/Golden State to the Olive/West in tersection does not appear to have been eva luated . The intersection of Olive Avenue and West Avenue should be signa lized by the HST project to mitigate th is traffiC impact. • Furthermore th is grade separation of Olive Ave nue will shift the left turn ing movements between Ol ive and Weber to the adjacent intersection of Oli ve and Fru it, wh ic h has permissive pha sing and not protected left tum phastng . The HST project should install prote cted left turn phasing at Olive and Fruit to mitig ate th is traffic impact. The City is con cerned that although the grade separation of McK inley Avenue and the UPRRIHST corridors will also grade separate the McKin ley /Golden State intersectton , the redistribution of these traffic movements to the new McKinley Avenue connector does not appear to have been analyzed at the new intersection with McKinley Avenue . The HST project may potentially create the need for signalization of th is new intersection along with the SR-99 northbound off-ramp to McKinley Avenue intersection wh ich may requ ire signa lization as we lt . On the east side , the City previously installed protected lett turn phasing at McKin ley Avenue and West Avenue , so although the redistributed traffic should be evaluated by the EIR /EIS , we do not anticipate operational problems at that location at th is time . Pages 3.2.115-119 of Section 3.2.7 discuss the mitigation measures necessary for the area surrounding the Downtown Fresno Station . The proposed mitigation measures fail to provide adequate traffi c mitigation , either due to not going far enough to address the needs, not addressing specific performance standards or criteria for such future mitigation measures, or the measures fa il to be consistent with the City's adopted General Plan and associated po li cies . The proposed measures need to be modified as follows in order to provide adequate mitigation measures : • Intersection #6 (SR 99 NB Ramps/Ventura Ave ): The intersect ion will meet signa l warrants at the time of HST project completion . Road closures will increase traffic to this location and therefore the HST project should install the traffic signa l with the Init ial project construction. • In regards to Table 3.2-53, MFuture (2035) Plus Project Mitigation Measures -Fresno Station •, the City 1s concerned that the DEIR/EIS does not prescribe a method for Implementing these mitigation measures . Th is project is being funded with one-time money for th is segment and assuming other project segments are funded in a similar manner, those Federal dollars may not be eligible to implement future year mitigations for a previously constructed project segment, thus creating a CEQNNEPA issue for Page 19-65 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-3 City of Fresno Draft EIRJEIS Comments HST Merced to Fresno Page 9 these traffic impacts. Furthermore the HST project's reconfigurations, realignments and road closures represent alterations to traffic patterns that wi!l be permanent upon project completion , thus creating the impact at the time of project construction . Therefore the project must either cons truct these mitigation measures now with initial project construction , or create a legally binding and enforceable agreement between the State of California and City of Fresno for the construction of these improvements upon 180 days notice by the City when traffic conditions warrant the particular improvements . Such an agreement should be consistent with existing case law (Anderson First) and entered in to prior to certification of the EIR/EIS . • The widening of a number of in tersections and roadways would conflict with the City's 2025 Fresno General Plan . Existing Plan policies giving the highest priority to street improvements that will not jeopardize or negatively impact neighborhoods (GP E-1-c). General Plan E-1-j Policy is directing pedestrian and other non-motorized trave l enhances complimenting safety and efficiency of the street system . The Central Area Community Plan , Transportation , Circulation and Park ing chapter articulates one major objective by promoting pedestrian circulation and activity taking full advantage of the aesthetic and convenience potentials . The Community Plan goes on to express the importance of a user friendly circulation system and the linkage between local street patterns, traffic and pedestrian flow to a major ac tivity center. None of these policies will be satisfied if overpasses are constructed with 30 foot berm which eliminates direct street access and re-routes local traffic through adjacent properties . Overpasses which are not ADA accessibly , walkability or conducive to non-motorized travel clearly conflicts with existing general and community plan policies. There are no technical studies , substantial evidence or discussion (e .g . cueing studies, traffic counts, evaluation of properties adjacent to the proposed take-off or landing points of the overpass , calls for graffiti removal, urban decay, potential aesthetic impacts, division of an existing neighborhood) to substantiate the conclusion that an overpass would reduce impacts, compared to an underpass option . Therefore , the City would not be supportive of widening following intersections and roadways, specifically: o Intersection #21 , H Street and Kern Street o Intersection #25 , H Street and Tulare Street o Intersection #26, Van Ness and Tulare o Intersection #42, Van Ness and Fresno o Intersection #66, Van Ness and Divisadero o Intersection #74 , Blackstone and Belmont o Roadways: We do not support the widening of Tu lare Street to six lanes between Broadway and Van Ness, nor do we support the widening of Oivisadero to six lanes between Fresno Street and SR-41. • Intersection #24 would have to be a grade-separated in tersection as only the underpass (Tulare going under HST and UPRR) is viable for Tulare Street. The EIR/EIS fails to address the impacts that would be created by an overpass at this location , such as historic impacts to the Fulton Mall , impacts upon stadium and parking garage operations, toss of circulation to businesses and visual impacts associated with an elevated structure in close proximity to the main stadium entry. There are no technical studies , substantial evidence or discussion (e .g. shadow analysis, calls for graffiti remova l, urban decay, potential aesthetic impacts, division of an existing neighborhood) to substantiate the conclusion that an overpass would reduce impacts , compared to an underpass option . CALIFORNIA e~ U.S. Departmenl ~ -of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty fli1 Administration 703-3 703-4 703-5 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 10 • Why does the consultant believe that split phasing would be appropriate as a mitigation measure for intersection 46 (Fresno and Divisadero)? Th is would seem to create a long cycle length and poor and unacceptable LOS operations. Other options should be considered as in reality this would tend to worsen, rather than improve LOS at this location . The City requests further evaluation and revising of this mitigation measure to an option that does not involve split phasing of this in tersection due to operational concerns. Intersection #63 (H and Oivisadero) is being proposed for extensive widening (i.e . tr iple righ ts , dual lefts, etc.) Th is mitigation measure may fit the CEQA definition of feasible , however does not consider potential significant Impacts (dividing an existing community, or create inconsistency with the City's Bicycle, Pedestrian and Trait's Master Plan). Therefore, The City recommends the Authority evaluate a roundabout at th is location to provide adequate LOS without the significant amount of R/W acquisition which would be necessary to implemen t the consultant's recommended "im provements". SECTION 3.4: NOISE Section 3.4 includes discussion indicating that the track was assumed to be on an aerial structure wherever top-of-ra il elevations are more than fifteen feet above existing grade . The City of Fresno is requesting additional analysis regarding the effects of vibration at the approach and sub-grade along Golden State Boulevard between Belmont and Olive Avenues. There is no substantial evidence, technical study or discussion of the potential Impact of ground vibration impact within the existing park setting . sensitive users and exotic animals. SECTION 3.6 : PUBLIC UTILITIES AND ENERGY T he City notes that Section 3 .6 attempts to describe the potential impacts and mitigation measures for public utilities and energy . The City has several comments on the Draft EIRJEIS pertaining to the City sewer and water systems : • The locations and sizes of major sewer lines should be identified that cross the study area . In order to avoid sanitary sewer overflows and protect public health, thereby seeking to mitigate potential impacts of the HST project, it is essential fo r the City to be able to adequately clean and maintain the sewer collection system . To facilitate those maintenance efforts there must be ready access to the system as follows : o Any change in direction of the sewer collection system must occur at a manhole to allow access to each reach for inspection and cleaning. o Any new sewer collection system manhole or structure installed with the project must be located to allow ready access by City of Fresno Collection System Maintenance crews , equipment , and vehicles . Access must allow for the proper, safe , and efficient orientation of equipment and vehicles. This includes acquiring any necessary rtght-of-ways or easements. c The construction of any new structures associated wi th the project must not im pact ready access to existing sewer collection system manholes or other sewer collection sys tem structures by City of Fresno Collection System Maintenance crews , equipment, and vehicles. Access must allow for the proper. safe, and effic ient orientation of equipment and vehicles. This includes acquiring any necessary right-of-ways or easements . Any proposed bypass during Page 19-66 CALIFORNIA HIGH -SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTIO N Respo nse to Comme nts from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-5 703-6 C ity of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 11 construction of new ma ins would be subject to the requ1rements of the City of Fresno. The HST project has the potential to both impact the integrity of the ex isting ma ins and thus impact pub lic health and safety, as well as to restrict the City's future growth through construction of the HST corridor wh ich could preclude the installation of new mains across the HST r ight~of~way . Therefore we believe the following mitigation would be appropriate for public utilities : a All existing and Master Planned sewer, water, and recycled water facilities crossing the existing tracks and future HST tracks shall be required to have stee l casings . Any relocat ion or abandonment of existing water and /or sewer li nes shall be required to maintain servrce to all parce ls. Replacement lines must be constructed to City of Fresno Standards . Also , aU existing valves , manholes , and any other above ground appurtenances shall be relocated outside of the proposed HSR ROW . HSR shall provide steel cas ings crossing the alignment of the HSR for future recycled water lines . SEC TION 3.8: HYDROLOG Y AND WATER RESOURCES The City of Fresno Water Divis ion has reviewed the Californ ia High Speed Tra in En vi ronmental Im pact Report/E nvironmenta l Impact Statement-Merced to Fresno segment . Based upon the City's rev iew of the DEIR/EIS , the proposed project has the potential to greatly impact the ope ration of the City of Fresno water system . However. with appropri ate mitigation measure those impacts could be reduced to less than significa nt. The City's comments and recommendations are as follows : 1. The HST will cross or disp lace through the re location of roadways numerous existing water ma ins . These mains are critica l to the overa ll performance of the water system as they are generally near the UPRR and Freeway 99 alignments. Water ma in crossings of these existing alignments are currently li mited and therefore need to be maintained to ensure adequate water system distribution east and west of these alig nments. a) Existing water mains cross rng the proposed HST alignment shall be maintained by reconstructing them In steel cas ings to allow the City of Fresno to maintain these facilities from outside the HST right-of-way. b) Related water system appurtenances such and valves, bl ow-offs , air release assembles , etc ., shall be relocated outside the HST right-<>f·way . c) Where water main crossings will exist outside the public right-of-way, the project sha ll provide dedicated water main easements to the City for the ongoing operation and ma intenance of the facilities . d) The must City reserves its right to increase the size of existing crossings or propose add itional crossings as necessary to ensure existing levels of water service are ma intained . e) The City has prevtously provided to the Authority with a list of existing water ma ins tha t will be impacted by the proposed HST alignment. It should be noted that th is li st is based upon a CALIFORNIA e ...... U.S. Department ~ • ofTransport ation • • • Federal Railroad Htgh-Speed Ra1l Authanty "ei1 Administration 703-6 703-7 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 12 cursory level rev iew and that other water ma in crossings may be identified as the project progresses . 2 . Due to ongoing planned water system cap ital improvement projects and an ticipated future growth with in the City of Fresno 2025 Fresno General Plan boundary , the Water Division will require the installation of steel cas ings to accommodate future water mains to be constructed after completion of the HST. As the project progresses, it is possible that additional locations may be identified and shall be included in the HST project . 3. Due to the sign ificant number of potential wa ter system impacts related to the proposed HST project , the Water Division requests the opportunity to complete the design of water facility improvements by utility or reimbursement agreement. Should the design of water facility improvements be completed under the HST project, all design documents shall be subject to approval by the City of Fresno Director of Public Utilities or his designee . 4. The Water Division is presently designing a 24·inch water main that will orig inate In West Fresno at the intersection of N. Hughes AvefW . Olive Ave and term inate in downtown Fresno at the Water Division 's proposed 3MG Water Storage Facility located at 401 H St (See the attached exhibit). The project design is currently at the 60% stage . Ex isting design documents for the 24-inch water main show the ma in crossing the proposed HST alignment at Mono St between G St and H St. Th is cross ing will require a minimum 36-inch steel casing within the proposed HST right-of-way. Additionally , the 24-inch main is currently proposed in the G St alignment paralleling the proposed Fresno Train Station alternative at G St!Tulare St. Due to the li mited information provided regard ing the Train Station footprint and potential impacts to the G St. right-of-way, further information is requested by the Water Division to ensure the least possible impacts to the design , construction , and operation of the proposed 24-inch water main . At this point in time , the Water Division estimates that construction of the 24-inch water ma in will precede construction of the HST. SECTION 3-11 SAFETY AND SECURITY The Draft EIR/EIS includes Table 3.11-3 concern ing Fire Departments and Equipment. The City has noted items in th is table that need to be corrected : Service Area: City of Fresno and adjacent Fresno County areas under contract with the North Central Fire Protection District and Figarden Fire Protection District. Equipment: 19 engines 5 ladder trucks with at least 85 feet reach 1 USAR (urban search and rescue) apparatus 2 water tenders 2 hazmat apparatus 2 brush rigs for vegetation fires Hazmat decontamination trailer Light and air unit Page 19-67 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) Continued 703-7 703-8 703-9 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 13 In Section 3.1 1.4.1, the followin g in formation should be added: • The Fresno Fire Department is certified as a Type 1 Heavy Re scue and Reg ional Response Forces with specialized rescue equipment and con tracted access to additional equ ipment , such as Industrial cranes , as needed to respond to rescue emergencies in the Fresno County line to Merced HST corridor through mutual aid as requested . Within the City of Fresno, there are sign ificant emergency responses and fire protection Infrastructure issues created by the Shaw overcrossing and cul-de-sac installations on N. Parkway between W . Ashlan and W . McKin ley . Issues include over-leng th cui-de-sacs, elimination of access to public hydran ts , elimination of required second access points to parcels , and lock ing parcels out of access to public streets . These is sues need to be discussed in detail with City of Fresno Public Works and the Fresno Fire Department. Within the City of Fresno, proposed new grade separations for HST and the UPRR will result in a net overall reduction in response times throughout the HST corridor, however the closure of the Divisadero at grade crossmg will increase the time needed to deliver an a full in itial first alarm ass1gnment to the area west of the closure . • The roadway connection between Divisadero and G Street up to Belm ont Avenue and Wesley Avenue needs to be substantially im proved in order to provide an alternate route for emergency responders through the area . The EIR/EIS should evaluate and consider the type of improvements that may be necessary, such as adequate paving surfaces and trave l lane widths to convey the kind and quantity of traffic to be re-routed through these other street connections as a result of the Div1sadero closure . SECTION 3.12: SOCIOECONOMICS, COMMUNITIES AND ENVIRONMENTAL JUSTICE In Section 3.12.4 .1, Regional Population Characteristics , this section references the 2000 US Census. T he 2010 US Census is now avail able and should be used to update this entire section . ProJected population growth may be lower than estimated , which would further substantiate project impacts. Concerning Povere!lo House as a women 's shelter, the City wishes to note that Poverello House serves three meals a day, 365 days a year, to anyone in need; offers free medical and dental care through the Holy Cross Clinic; provides showers and laundry services to t he homeless; serves as a day she lter and safe haven for people on the streets , houses a 28-bed residentia l alcohol and drug rehabilitation program, and a five- bed trans itional home : distributes free clothing; provides recreation, mail service , transportation , and, in 2004 . opened the Village of Hope, a tem porary overnight shelter for homeless people who want an alternativ e to the streets . The City also has concerns regard in g the sufficiency of ana lys is associated with the significant impact of the project on the human and physical environment, including the need for a comprehensive economic analysis of the project's impacts as weU as the significant impacts on displaced, relocated or closed businesses. At a Spec1al Meetin g conducted on October 13 , 2011 , the Fresno City Council adopted a motion finding that the OEIR/EISs are legally inadequate as currently drafted. CALIFORNIA e ..... U .S. Department ~ • of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty 'ei1 Administration 703-9 703-10 City of Fresno Draft EIRJEIS Comments HST Merced to Fresno Page 14 As a preliminary matter, the OEIR notes the "economic and social changes result ing from a project shall not be treated as significant effects on the environment." However, an EIR may trace a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the project to physical changes caused in turn by the economic or social changes . The Intermediate economic or social changes need not be analyzed in any detail greater than necessary to trace the chain of cause and effect. The focus of the analysis must be on the physical changes , and there must be substantial evidence of those physica l changes . In this regard, economic or social effects of a project may be used to determine the sig nifica nce of physical changes caused by the project. Here , the construction of HSR divides the existing City community, creating a physical change, but the social and economic effect on the community would be a basis for determining tha t the effect would be sign ificant. Where an EIR uses economic or social effects to determine that a physical change is significant , the EIR is required to explain the reason for determining that the effect is significant. Further, economic, social, and particularly housing factors shall be considered together with technological and environmental factors in deciding whether changes in a project are feasible to reduce or avoid the significant effects on the environment identified in the EIR. The EIR should contain informa tion on these factors, and should be supported by substantial evidence to support the analysis. (See CEQA Guidelines §15131.) While CEQA does not requ ire techn ical perfection in an EIR , it does require adequacy , completeness, and a good-faith effort at full d isclosure. (C ECA Guidelines §150039(i).) He re, the City has concerns regarding the sufficiency of analysis and the adequacy of mitigation measures including the following issues: 1. Complete ·corridor~ Analysis For the Citv of Fresno : The City of Fresno serves as a juncture for the Fresno to Bakersfield HST Section and the Merced to Fresno HST Section . A draft EIS/EIR has been prepared for each of the Sections , both of which analyze slightly overlapping portions of the HST corridor through the City, but not all of it. However, the City is not physically divided into two sections , nor is the commercial and industrial business community along the HST corridor, and the City is a sing le jurisdiction wherein property and sales taxes are applied throughout the community. As a practical matter, the split analysis used by the draft EIS/EIRs has the effect of assessing only a divided portion of the community , inc lu ding the significant number commercial and industrial business community located along the HST corridor, wh ich artificially redu ces the significance of impacts and results in less- effective mitigation measures . For example , the total number of displaced commercial and industrial bus in esses within the City is not assessed by either EIS/EIR. Further, it is difficult to determine the combined total impact as the EIS/EIRS for Merced to Fresno HST Section breaks down the number of displaced/relocated businesses for other jurisdictions-but does not appear to provide the same in formation for the City of Fresno . This informatio n might be capable of being derived by reviewing the details of supporting techntcal studies , but is not readily available . To ensure the ElSIE IRs adequate assess the full impacts of the project, the City recommends Section 3 .12 ofthe EIS/EIR be updated to include a unified and complete analysis of the of the entire portion of the HST corridor within the jurisdiction and sphere of influence of the City of Fresno, and to present the summary of those findings and analysis in a clear and readily assessable manner. Page 19-68 CALIFORNIA HIG H-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-11 703-12 703-13 City of Fresno Draft EIRIEIS Comments HST Merced to Fresno Page 15 2. Economic Ana lys is: The economic analysts. Including property and sales tax , is not comprehensive and appears incomplete. This seems to be a systemic issue with Section 3.12. For example , the draft EIS/EIR does not quantify loss of value of property adjacent to the project. Even without this data the draft EIS/EIR still purports to estimate a total loss of tax revenue-based on 2009 tax data averaged across multiple counties -which offsets the loss of higher value property with lower value property in other regions. In addition , HSR properties would also be permanently removed from the tax rolls However, the draft EIS/EIR does not appear to state the amount of impact, but does assert the Impacts would eventually be offset by a multi-county average 3% increase in population almost a quarter century from now. No mitigation Is provided for the intervening period, nor are the funds adjusted to reflect the time- value of money. An Increase In property values may be associated in the area around the station , but both ElSIE IRs appear to use this to offset loss of property values for their section , effectively counting the increase in value twice . Th is would be resolved by a single analysis for the entire HST corridor In the City. The EIS/EIR also acknowledges that some businesses will close as a result of the proj ect and/or contemplates relocation of projects out of the City's jurisd iction by up to 50 m ites, but neither calculations as to the number of these businesses closures are provided (including the effect of reqUiring a relocated business or home-owner to Im mediately pay off a security interest or mortgage on a property that Is "upside down· resulting In a number of operations being driven out of business or be1ng able to obtain credit to secure equiva lent commercial space or housing), nor are estimates as to lhe impact it would have on the C ity's property and sales tax revenue . lost wages and revenues due to closure, displacement or relocation , inclu ding impacts on the environment, should also be assessed . These sorts of general estimates do not adequately assess proJeCt-level impacts, and as a result, the City IS unable to determine whether there will be funding available for public facilities, infrastructure, services and other needs to address the impacts caused by the project or if the draft EIS/EIR analysis IS adequately addresses these issues. The City recommends a comprehensive, project-level, economic analysis that assesses all the economic Impacts from the proJect within the jurisdtclion of the City and its sphere of influence , Including both immediate , Intermediate and long term Impacts , Including Impacts on sales tax and property tax revenues to the City, and uses the most current and updated data available . Mitigation measures to reduce these impacts to less than significant, and ensure the City rema~ns whole to provide adequate funding for operation and mamtenance of public facilities and services, must also be included Urban Decay Analvsis : In conJunction w ith the economic analysis issues, the draft EIS/EIR does not appear to assess the physical detenoration impacts caused by displacement, relocation or closure of businesses. Ukew1se , the analysts also does not assess the im pact of the project along the entire HST conidor w 1th1n the City of Fresno. thereby reducing signifiCance of impacts. To ensure sufficiency of the EIS /EIR, the City recommends ana lysis to include physical changes to the enwonmenl caused by the closure , d isplacement or relocation of businesses for the entire HST corridor within the jurisdiction and sphere of influence of the City of Fresno . 4 . Methodology for Estimating Impacts: The number of displaced busmesses and employees appear to be based on estimates derived from aenal photographs, conceptual eng ineering plans, profiles and right-of-way data showing potential parcel alternatives . If this is the extent of the information, and the analysis is based on such estimates, then the EISIEIR CALl FORN lA e"' U.S. Department ~. ofTransportat10n • • • Federal Rai lroad Htgh-Speed Ratl Authonty 'ei/ A dminist ration 703-13 703-14 703-15 1 703-16 City of Fresno Draft EIR/EIS Commenls HST Merced to Fresno Page 16 does not adequately assess current baseline conditions and project impacts requ ired for a project-level analysis. Actual , specific and reasonably available data is the superior alternat ive as compared to estimates denved from photographs and planned uses. To ensure sufficiency of th1s project-level EIS/EIR , the City recommends either field visits or direct communication with all businesses anticipated to be displaced or relocated by the proj ect to determine specific data mcluding i) the actual type of business being operated ; ii) the number of employees actually employed; iii) the nature and type of entitlement (conditional use permit, etc.), if any, allowing for operation of the business In the zoned district; and lv) any attributes of the business which may limit or restrict its options with regard to relocation (e .g ., a need for direct access to a freight rail spur, special equipment requiring a building of unusual height or leng th , materials requiring special infrastructure or treatment, silos or specialized storage facilities , larger yards to accommodate heavy equ ipment parking and maneuvering, etc.). 5. Infrastructure Ana lysis : In assessing relocation , the draft EIS/EIR reviewed the availability of commercial, retail and office space buildings, as well as commercial and industnal businesses. These numbers appear to be based on vacancy rates in the same zip code with the NAICS codes of the businesses being relocated shortened to only two digits and then grouped in to similar functional requirements. However, the NAICS numbering system employs six-digit code at the most detailed industry level , with the first two digits designating the largest business sector, the th ird digit designating the subsector, the fourth digit designating the industry group, and the fifth digit designating particular mdustries. By reducmg the NAICS codes to only two digits. only very general categories of businesses are analyzed , such as •retail trade·, rather than the full five d igit designation within the reta il trade category wh ich contains a wide variety of uses from a supermarket (445110), computer store (443120) and automotive parts (441310). As a result, reducing the NAICS codes to only two digits to analyze vacancy rate ava il ability does not address whelher there are actually vacancies for the particular type of business use being displaced . The City recommends additional analysis -using the complete six-digit NAICS number code -to determine if relocation is actually feasible including i) whether the relocalion buildings have compatible infrastructure to allow for the relocated business to physically continue to operate (see examples discussed in the 1tem above): ii) whether the relocation buildings allow for the same land use consistent with the City's zoning ordinance, 2025 General Plan, and applicable community and specific plans: iii) the economic viability of operating in the relocation area; and iv} whether the number of relocation build ings comply with current safety and entitlement requirements necessary to commence relocation in that structure (i.e ., sidewalks, fire sprinklers per current requirements , special water supply or sewerage requirements for certain uses, etc.}. 6. Economic Setting/Employment Data: Employment data for the City of Fresno reference s 2000 and 2002 data. The draft EIS/EIR also notes a change in economic conditions since that time resulting in the current economic downturn . Updated data, if available, shou ld be used to ensure an accurate baseline for ana lysis of project impacts. The Proposed Mitigation is Inadequate In addition the City's concerns regarding the adequacy of the economic analysis contained in the EIR/EIS's associated with the displacement of businesses and economic Page 19-69 CALIFORNIA HIGH -SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) Continued 703-16 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 17 impacts, the City has concerns that the measures proposed to mitigation these impacts are inadequate. In addition to stating that the Lead Agency will fully comply with the requirements set forth in the Uniform Relation Assistance and Real Property Acquisition Policies Act (42 U.S .C . Chapter 61) ruRARPM~) and the California Relocation Assistance Act (Government Code, section 7260 et seq .) ("CRAA") see MFEIR , pp . 3 .12-59-3.12-60, the EIRs contain the following mitigation measure : SO-MM#2 : Develop a relocation mitigation plan . Before any acquisitions occur. coordinate with affected communities and counties to develop a relocation mitigation and enhancement plan that w ill (1) arrange for meetings with affected property and businesses owners and tenants to provide counseling and assistance in applying for fund ing , including research to summanze loans, grants, and federal aid available , and research of demographically similar areas; and (2) collaborate w ith affected communities to develop enhancements and address In direct social and psychological impacts on communities. Provide housing of last resort if required. Th is m itigation measure fails to meet the minimum requ irements for such mitigation and constitutes deferral of mitigation . This m itig ation measure defers to the future the development of a program to provide information and advice to individuals and businesses that will be displaced by the HSR. Furthermore, th is mitigation measures does not contain any specific performance measures. As such, it is inadequate. Compliance with the ·uRARPAN and "CRAN will also not serve to fully mitigate the 1m pacts to individuals, busin esses and communities in which those individuals and businesses are located. T his is for the following reasons : 1. The URARPAA and CRAA place unrealistic caps on the amount of money the Authority will pay to compensate d isplaced businesses that relocate . One example of an unrealistic cap is the cap of $10,000.00 that the URARPAA and CRAA will compensate displaced businesses for "actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization , or small business at its new site ." (See URARPAA, section 4622(a)(4), CRAA, section 7262(a)(4), Appendix 3.12-A to EIRIEIS , section entitled ~Reestablishment Expenses"). $10,000.00 is unrealist ically low because of the possibility that businesses and/or non-profit organizations may need lo obtain special permits or other development entitlements from the City of Fresno (e.g. conditiona l use permit, site plan, variance, rezone, plan amendment} in order to lawfully operate on another parcel within the City of Fresno. The costs associated with obtaining these special permits or other entitlements can easily far exceed the $10,000.00 cap , especially if significant environmental review pursuant to CEQA is required . Attached to these comments is a copy of the portion of the City's Master Fee Schedule that sets forth the costs associated with processing various Special Permits and other entitlements for your review and consideration. As such , the nature and extent of the compensation available to d isplaced individuals, businesses and non-profits needs to be reevaluated and increased as necessary to amounts that will fully compensate for all actual costs associated with the displacement or relocation. 2 . Neither the URARPAA, CRAA or SO-MM #2 address the potential adverse impacts on the communities in which businesses and non-profits to be displaced operate if the CAll FORN lA eiii'tllt. U.S. Department ~ • of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty 'ei/ Administration 703-16 City of Fresno Draft EIR/EIS Comments HST Merced to Fres no Page 18 business or non-profit chooses either to shut-down permanently or relocate to a location outside the jurisdiction where the business or non-profit was originally located once the Authority takes the property on which they operate. According to the Relocation Assistance Program Brochures, Appendix 3 .12-A, the Authority could actually facilitate businesses relocating away from the City of Fresno as it will compensate a displaced business or non-profits for the costs of moving within 50 miles of the business or non-profit's current location. The potential for lost sales tax and property tax revenues to the City of Fresno, as well as the corresponding job losses, resulting from businesses that shut-down completely or choose to relocate outside of the City of Fresno constitutes a potential adverse economic impact. Specifically, it could result adverse economic and physical impacts in the form of urban decay, as not only will the City be dealing with trying to maintain the areas outside the HSR right-of-way that now lay vacant because of the dislocated businesses and non-profits, but it also faces a significant reduction in tax revenue that would otherwise be available in its general fund to pay for the cost of maintaining these areas so as to avoid the incidences of urban decay, including graffiti, vanda lism and illegal dumping. Both the URARPM and CRAA state that the intent of these Acts is to minimize the adverse im pact of displacement which Is essential to maintaining the economic and social well- being of communities. (See, URARPAA, section 4621(a)(4) and CRAA, section 7260 .5(a)(4).) However, as discussed above, in the context of this project strict adherence to the minimum criteria established by URARPAA and CRM will not adequately minimize the adverse impacts to the City of Fresno due to displacement. To provide further assurances that the City of Fresno, as a community, will be held harmless by the dislocations resulting from this project, Mitigation Measure SO-MM#2 must be significantly modified to include as a performance measure , the establishment as a primary goal of the relocation program to minimize as much as conce1vably possible the actual shutting down of businesses and/or non-profits. and ensuring that as close to 100% of the displaced businesses and non-profits in the City of Fresno that are displaced are relocated to suitable and economically viable locations within the City of Fresno. To ensure the success of th is goal, the Authority should strongly encourage the State Legislature to adopt various financial incentives for dislocated businesses to relocate within the same jurisdiction their businesses were orig inally located. 3 . The relocation planning, assistance coordination , and advisory services required by the URARPAA and CRAA does not constitute adequate mitigation as these Acts merely state that the Displacing Agency, in th is case the Authority, must develop a program in the future that ensures that certain information and services are provided to individuals, businesses and non- profits to be displaced. (See URARPAA, section 4625(c) and CRAA. section 7261(c).) However, the measure defers the establishment of this program to some unknown time in the future , fails to set forth any specific performance measures, and fails to mandate the necessary funding and dedicated personnel for th is relocation assistance program . 4 . Nothing in the mitigation proposed addresses the potential for individuals and businesses experiencing a significant increase in the property tax basis as a result of having to acquire new property at a higher price for purposes of relocating or having to construct new buildings to replace buildings acquired by the CHSRA. This could potentially result in significant increases in the property tax liability of individuals and businesses that relocate . Page 19-70 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agenc ies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) Continued 703-16 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 19 In summary, the Authority's reliance upon its compliance with the URARPM, the CRM and proposed mitigation measure SO-MM-#2 are insufficient to adequately mitigation the significant adverse impacts associated with the project and displacement of individuals and businesses. Accordingly , the City of Fresno respectfully requests that mitigation measures substantially in the form set forth below be added to the both EIRJEISs : Proposed Additional Mitig ation Meas ures: Mitigation Measure No.1 : Prior to the Authority's certification of the EIR/EIS for the Bakersfield to Fresno Section and the Merced to Fresno Section, the Authority shall enter into an agreement with the City of Fresno and other relevant organizations, as authorized by URARPAA Section 4632 and CRAA Section 7261.5, including the Economic Development Corporation servmg t he County of Fresno, in which the Authority will agree to the following : 1. The CHSRA will use its best efforts and draft its policies related to relocation assistance to minimize as much as feasibly possible the actual closure of displaced businesses and non-profits within the City of Fresno and to maximize the number of displaced businesses and non-profits that relocate to locations within the City of Fresno. 2 . The CHSRA will raise the reimbursement caps set forth in the URARPAA and CRAA related to compensating displaced businesses and non-profits to amounts that will realistically compensate the business or non-profit for the actual costs of relocation, including those costs associated with obtaining the necessary special permits, entitlements and building permits to legally operate at a new location within the City of Fresno or construct new buildings on the original site to replace buildings that were acquired by the C HSRA . The special permit, entitlement and building permit costs would include any costs to construct or install additional Improvements, such as curbs , gutters, sidewalks, required as a condition of approval of the special permit, entitlement or building permit. 3. The CHSRA shall establish a local relocation advisory assistance office(s) within the City of Fresno to assist with displacement issues and in obtaining replacement facilities for persons, businesses and non-profits which find that it is necessary to relocate because of the CHSRA's acquisition of real property. 4 . During the period when any property is being acquired for the project, and not less than a period of 5 years from the date of certification of the EIRIEIS's, the Authority will provide all funding for the City of Fresno to hire qualified personnel, as reasonably determined by the City to be necessary, to expedite the processing and approval of any special permit or other entitlements necessary for a displaced or relocated business or non-profit to operate within the City of Fresno. 5. During the period when any property is being acquired for the project, and not less than a period of 5 years from the date of certification of the EIR/EISs, the Authority will provide all funding for the City of Fresno to hire qualified personnel, as reasonably determined necessary by the City, to expedite the processing of any necessary building permits (including all necessary building inspections) for construction of new structures or the modification or CALl FORN lA e..,.. U.S. Department ~ -of Transportation • • • Federal Railroad Htgh-Speed Ra1l Authonty tfii1 Administration 703-16 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 20 expansion of existing structures on property for a displaced or relocated persons, businesses or non-profits to allow continued operation and occupancy prior to the displacement or relocation. 6 . The CHSRA will fund City personnel, as reasonably determined to be necessary by the City, to be part of the staff implementing the Relocation Assistance Program for the purpose of explaining to displaced businesses the steps necessary for the businesses or non- profit to relocate within the City of Fresno and the City resources available to assist and expedite the relocation process. 7 . The CHSRA shaH closely collaborate with the City in preparing a detailed Relocation Assistance Program that includes time frames for implementation and specific performance measures (e .g . business retention within the boundaries of the City of Fresno) that will be included in the Memorandum of Understanding approved by the Authority prior certification of the EIR/EISs . This detailed program shall include funding and resources for the gathering of data for each displaced, relocated or impacted business or non-profits so the City can determine the special permits and entitlements required for the new location as well as a mechanism for establishing which businesses or non-profits should receive priority in processing of entitlement and/or special permit applications. This program shall also specify the number and specialty of each member of the coordinate Authority, City, EDC team necessary to counsel displaced businesses and non-profits, and facilitate and process any applications for financing, special permits, entitlements, etc., for displaced or relocated businesses or non- profits within the City of Fresno. 8 . The CHSRA shall use its best efforts to encourage the California State legislature and Governor to adopt economic and financial incentives for displaced businesses to relocate within the jurisdiction the business was in prior to displacement. 9 . The CHSRA shall acquire and pre-entitle commercial and Industrial property within the City of Fresno and make this property available to those businesses and non-profits within the City of Fresno that are required to relocate because the CHSRA has acquired their property requiring relocation of the business or non-profit. 10. The CHSRA shall establish and fund an ombudsman, and supporting staff and facilities as may be reasonably necessary, with an office located within the City of Fresno and open to the public during expanded business hours and for a period commencing upon approval of the project until six months after rail service on the HST becomes publically available . The role of ombudsman shall be to answer questions, address citizen concerns and Interests , and inform the public regarding specific details associated with all phases of the project, including implementation, construction details (closures, detours, traffic impacts , etc.) and operational aspects of the HST project. The ombudsman shall act as an intermediary or liaison between the CHSRA and the citizens and businesses of the City of Fresno. The ombudsman shall also be able to investigate complaints from the public relating to the HST construction process and attempt to resolve them , including providing recommendations to the Authority, and be able to identify organizational roadblocks running counter to the interests of the impacted community. The ombudsman shall also report directly to the project manager responsible for the construction of all aspects of the HSR sections tha t are loca ted within the City of Fresno or its sphere of influence. The C HSRA will provide reasonable notice to the public within the City of Fresno, through a local newspaper of general circulation , radio/television announcements, Page 19-71 CALIFORNIA HIG H-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agenc ies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-16 703-17 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Pa ge 21 billboards or displays , of the existence and general role of the ombudsman and methods of contacting the ombudsman . Mitig atio n Mea sure No.2: The CHSRA shall ensure that property owners , businesses , non -profits and res idents are fully compensated for any increase 10 tax basis, ansing from displacement or relocation and resulting in increased property tax liab ility , because they either have to relocate to new property that has a higher tax basis or because they have to construct new buildings or facilities on the orig ina l sites to replace buildings or facilities that were acquired by the CHSRA. Mitigatio n Mea s ure No.3: The CHSRA shall ensure that owners of property that the CHSRA intend to acquire in who le or in part that are encumbered with mortgages secured by deeds of trusts, notes or other instruments with rema inin g balances in excess of the fair market value of the property are not financially impacted by having to immed iately pay off the rema ining mortgage balance In excess of the property's fair market value . CHSRA will either agree to pay the rema ining In strument balance , negotiate with the holder of the ins trument to reduce the balance to the property's fair market va lue , or work with the holder of the instrument to transfer the encumbrance to relocation property of equ ivalent value , such that the d isp lacement or re location will not result in an add itional financial impact. SECTION 3.15 -PARKS AND OPEN SPAC E The Draft EIR /EIS states that the Authority will work with the City of Fresno as the park owner to mitigate noise impacts. This impact cou ld be mitigated to less than signifteant by address ing no ise at Reed ing Park , un less the City of Fresno declines sound mitigation , in wh ich case the Impact wou ld rema in significant and unavoidable under CEQA. The CHSRA and the City of Fresno should jointly rev iew the proposed mitigation measures which reduce impacts based upon empirica l data . The City is requesting that mitigation be developed with more specificity , prior to the certification of the EIR/EIS . For example , mitigation measure PK-MM#4 proposes to construct a wall from ten to fourteen feet. The result of noise impact sign ificantly changes with these heights . Section 3 .15.4 .1 notes that "Roed ing Park , a regiona l park and the first park in the City of Fresno , is part of a local historic district and el igible for the National Register of Historic Places (NRHP).~ The City wishes to note that Reed ing Park , a reg iona l park and the first park in the City of Fresno, is part of an eli gible local historic district and eligible for the National Reg ister of Historic Places (NRHP ). The City has not gone through a forma l process to establish the District, pursuant to Fresno Mun icipal Code , Artic le 16 , Historic Preservation Ord inance . Section 3.15.5.3 notes that ·construction activities would occur ad jacent to the eastern boundary of Reeding Park , but no temporary use of parkland for construction purposes is anticipated . Temporary construction impacts such as noise, dust, and visual changes would be minor and would not substantially reduce the value of the resources : The City's response to this statement is first to note that all of the proposed alignments utilize the same space along the Golden State Boulevard segment between Belmont and Oli ve Avenues , wh ich are immed iately adjoining the regional park . To ensure the safety of park user and minimally impact the ex isting open space would require that a portion of the park wou ld be closed during construction to provide an appropriate barrier between temporary construction activit ies and CALl FORNIA e~ U .S. Department ~ -of Transportation • • • Federal Rail road Htgh-Speed Ratl Authonty ei1 Admi nistration 703-17 703-18 City of Fresno Draft EIR!EIS Comments HST Merced to Fresno Page 22 public access for recreational purposes . The CHSRA and the City of Fresno shou ld develop this mitigation measure related to the necessary spatial requirement and compensation for that temporary use , prior to the certification of the EIR/EIS. Section 3 .15.5.3 indicates that the proposed projects described in the master plans would not conflict with the adjacent HST alternatives , except for the new park boulevard entrance and exit at Golden State Boulevard .... However, Golden State Boulevard wou ld be closed under the HST project (i.e . the project would require the closure of the Golden State Boulevard east of Reeding Park , precluding a direct connection). This would therefore conflict and preclude the full implementation of the adopted Zoo Master Plan . The Reeding Park Master Facility Plan and environmental impact report identify the new entry onto Golden State Boulevard as a ~first phase priority " with an anticipated completion by 2014 or earlier. Th is plus the master plan planning horizon of 2020 clearly make this project foreseeable , within the HSR plann ing horizon of 2035 . We recommend a mitigation measure be developed whereby the project compensates the City of Fresno for the redesign of the circulation system , entitlement fees , subsequent environmental review, and possibly reconstruction cost associated with direct modification as resu lt of the project. Th is mitigation measure should be developed and agreed upon by the parties, prior to the certification of the EIR/E IS. Section 3.15 .6 .2 includes Mitigation Measure PK-MM#4 . It is assumed that a sound barrier would be 10 to 14 feet tall and have aesthetic treatment. A 10-foot-high sound barrier would reduce noise to 64dBA at 250 feet inside the park and residual noise effects would occur. A 14-foot-high sound barrier wou ld reduce noise effect effects to with in 1d B of no impact. The City's comment on this mitigation measure is that to avoid adverse Impacts to the park and its potential historic elig ibility we would hope that every effort would be made to retain the bucolic setting of the park by minim izing project effects on mature landscaping , zoo patrons and the animals with in the exhibits in proximity to the project. Therefore , the City is recommending that the proposed mitigation measure be modified to state that a 14-foot-high sound barrier will be installed with a minimum five foot landscape buffer to further mitigate potential aesthetic impact. The project would be requ ired to subm it a set of landscaping plans to the City of Fresno for rev iew and fina l approval of planting materials . Such a modification to the mitigation measure would potential reduce park , historic, noise and aesthetic impacts associated with this project. SECTION 3.1 6 VISUAL AND AESTHETIC In Section 3.16 .5.3 of the Draft EI R/EIS , the document states that ·characteristics of typical HST components as well as the po ten tial to affect the aesthetic environment are listed in Table 3.16-2. (Street Mod ifications, Retaining Wallsr. The Draft EIR/E IS fails to address the visual impacts upon existing neighborhoods and business districts in close proxim ity to the proposed overpasses/grade separations . At the proposed overpasses for McKinleyiUP RR , Olive/UPRR and Belmont/UPRR , existing res idential neighborhoods will have the ir aesthetics altered significantly by the proposed overpasses . The City notes that the plans Included in the EI R/EIS propose a vertical re taining wall that would be directly at the backyards of many homes and that ·where appropriate , reta ining walls would include aesthetic design treatments (such as patternsr (Page 3 .16-26). The aesthetic design treatments would not be adequate to fully mitigate aesthetics and the potential for a socioeconomic impact of urban blight. The walls would not only have the potential to be visually oppressive , but would also be the target for Page 19-72 CALIFORNIA HIGH -SPEED TRAIN PROJECT EI R/E I S MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-18 703-19 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 23 graffiti which the City could not afford to keep clear of graffiti. Therefore the project should be constructing underpasses at Olive Avenue and McKinley Avenue if at all possible . It Is recognized that the Belmont underpass conflicts with the HST vertical profile and therefore an overpass would be necessary. However, the Belmont Avenue overpass 1s proposed to utilize a sheer vertical retaining wall on the Roed ing Pari< side (north) on the west approach to the HSTIUPRR crossmg . This would contribute to a significant aesthetic impact upon Roedlng Park with high concrete waUs being constructed on the north , east and south sides of the park . To minimize this significant impact, the Be lmon t Avenue overpass should be re·evaluated to Incorporate a weU-.designed landscaped embankment on the north side of Be lmon t for the western bridge approach , utilizing the existing street righ t-.af.way currently occupied by the traffic c1rcle and the Golden State approach roadways, so as not to encroach into any park lands . The tree selection and plantings should be complementary with Roeding Pari<: and designed by a licensed landscape architect. Ohve Avenue , as discussed previously, should be an underpass so as to eliminate the aesthetic impact of a high, concrete wall on the north side of the pari<:. This would leave only the 14' high sound wall on the east side , which is needed for noise mitigation but could have its visual impact minim1zed through incorporation of a mural and well·designed architectural treatment. SECTION 317 CU LTURAL RESOURCES The C1ty has a number of comments on this section of the DEIR/EIS as follows : • The City notes that the Belmont Circle , the Belmont Underpass and Railroad Bridge (all 1932 resources) evaluatiOn for potential historic significance was omitted The City is recommending that these existing features be evaluated for the1r potential contribution as a historic resource . This evaluation shall include the preparation of DPR forms and be performed by an Individual or firm which meets or exceeds the Secretary of Interior minimum professional standards as part of the environmental compliance for this section of the HSR corridor. • ~Forestiere Underground Gardens is 1n the direct path of roadway Improvements associated with aU three alternatives ... Construction would result in the physical demolition, destruction, damage or substantial alteration of the northeast corner of the property ... ~ • 1. The City is requesting additional studies regarding direct impacts including potential ground vibrations directly generated from construction and operations of the HSR ; 2 . Recommend that Arch· MM#4 (mitigation measure) be required for this site, to not only ensure and protect the Gardens but also to provide oversight for other sub·surface resources that have been found In the past (Hinojosa Property) Immediately adjacent to the footprint of the Gardens • HPSR: The consultants found that none of the 88 resources evaluated were eligible for designation to the National or California Registers (beyond three already identified : Roeding Park , Weber Overcross1ng and the Forestiere Underground Gardens}. Upon rev1ew and comment by the Histone Preservation Commtssion , the Commission supported both the McCardle Home, Acme Building COmpany and Zacky Farms as potentially eligible for designation to Fresno's Local Reg ister of Historic Resources . This evaluation shall include the preparation of DPR forms and be performed by an ~ndlviduat or firm which meets or exceeds the Secretary of lntenor minimum professional standards as part of the environmental compliance for this section of the HSR corridor. CALIFORNIA C~ U .S. Department ~ • of Transportabon • • • Federal Railroad H1gh-Speed Ra1l Authonty 'eiJ1 Administration 703-19 1 703-20 703-21 703-22 703-23 1 City of Fresno Draft EIRIEIS Comments HST Merced to Fresno Page 24 • We are atso recommendmg that the downtown rail station discussion, which appears in the Fresno to Bakersfield segment be incorporated into this document. We recognize this as ensuring continuity between the two documents which clearly overlap. SECTION 3.1 8 REGIONAL GROWTH Section 3 .18.2 concerning the City of Fresno General Plan should be rev1sed to ensure consistency with the pla nned land use and other applicable policies with the Fulton Corridor Specific Plan , Downtown Neighborhood Plan, Downtown Development Code and the Fresno General Plan , and related Development Code . Information is currently available on the City of Fresno website at: www /lwww .fresno.gov . Section 3.18.5.3 includes construction·related employment effects . It Is not clear how the $156,000 annual wage for construction workers was derived . It seems high to the City of Fresno. VO L UME Ill: ALIG N MEN TS The conceptual 15% plans in Volume Ill call for an overpass at McKinley Avenue with 8% grades on the approach roadways, a •pedestrian Bridge Study Area , Final Location to be Determined in 30% Design" and a new McKinley Avenue Connector to reconnect Golden State and McKinley, with a new intersection on McKinley Avenue approx1mately 250' east of the State Route 99 Northbound Qff.Ramp to McKinley Avenue . At McKinley Avenue , the overpass as proposed with 8% grades is not only a significant impact to pedestrians , it also adversely impacts the location of the touchdown point at the west end . The in tersection of McKinley Avenue with the required McKinley/Golden State connector would likely need to be signalized in the future and the McKinley/NB SR·99 off.ramp intersection meets signal warrants today , thus creating a problem with closely spaced intersections in close proximity to the freeway and a potential mandatory design exception with Callrans. The City believes an underpass at McK inley needs to be evaluated in order to provide a viable circulation system and to adequately mitigate to a less than significant level traffic impacts from the HST project. The City does concur with the use of a McKinley·Golden Sta te Connector and with the eastern end of the grade separation needing to maintain a McKinleyJ\1\f est intersection to preserve critical turn ing movements. The conceptual 15% plans shown in Volume Ill include a major reconstruction and modification of the freeway Interchange at Clinton Avenue and SR·99. The City is concerned about the lack of pedestrian connectivity between the east and west sides of SR·99, In that the proposed reconstruction of the freeway Interchang e at Clinton Avenue and SR·99 will sever the existing pedestdan connectivity between Mote l Drive and the Clinton AvenueNassar Avenue area . The EIR/EIS should eva luate the need for a pedestrian overcrossing so as to avoid a potential socioeconomic impact of dividing an existing community, by requiring pedestrians to walk aU the way to McKinley Aven ue and then return north along local streets west of SR ·99, as compared to the direct connection they have today. The conceptual 15% plans shown in Volume Ill call for the existing overpasses at Tuolumne and Stanislaus Street in downtown Fresno to be reconstructed to span both UPRR Page 19-73 CALIFORNIA HIGH -SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Submission 703 (Mark Scott, City of Fresno, October 13, 2011) Continued 703-23 703-24 703-25 703-26 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 25 and the HST alignment. The reconstruction includes approximately 8% grades on the approaches and calls for a separate pedestrian overcrossin g somewhere between Tuolumne and Stanislaus . Underpasses should also be constructed at the Stanislaus/UPRR /HST and TuolumnefUPRRIHST crossings . The proposed overpass creates potentially s ignificant environmental impacts in terms of lack of local street connectivity , circulation , ADA compliance , aesthetics and soc ioeconomic/environmental justice issues of a significant barrier being placed between communities to the east and west of th is crossing . The City has ana lyzed the vertical curves for these streets as underpasses and has determined that the underpass will be shorter, extending only from F to H Streets (simil ar to the Fresno Street underpass), thus providing for greatly reduced structure costs and superior ci rcu lation . It witt also be possible with the street going under UPRR/HST to provide ADA-compli ant sidewalks , thus eliminating the need for a separate pedestrian bridge and the problem of two ADA non-compliant bridges. The grade separation plans show local streets being terminated at the vertical reta inmg wa ll s for the City's major streets that would be reconstructed as overpasses extending over UPRR an d HST (and in one case BNSF). The plans shown in the technical append ices fail to address publi c safety and impacts to ne ighborhoods associated with the proposed concepts of local street term inations. The City is concerned that the EIRIEIS does not appear to have ana lyzed the potent ial for these dead-end streets to physically divide established communities. It is not permissible or appropri ate to dead-end a local street without a cu l-de-sac for turnaround purposes or alternative ly with a loca l frontage road pa ralleling the realigned or elevated/depressed major street. In order to properly and adequately connect local streets that serve residential , commercial and industrial areas , the project will need to acquire add itional right-of-way to either cu l-de-sac local street, or to reconnect them to each other via local frontage roads . On a more general note , the conceptual 15% plans depict numerous partia l and full acquisitions . The Draft EIR/EIS fa ils to address the economic impact of the creation of numerous parcels wh ich may no longer have any development potential, or a greatly reduced potential. The environmental document does not speak to what wilt occur with th is remnants and unusable slivers . The City is greatly concerned over the loss of land for economic development , loss of property tax revenues and sales tax revenues, as well as the potential for blight created by the HST project. The EIR/EIS needs to quantify these impacts and to provide appropnate mitigation to the community for these impacts . Regard ing the Fresno Station Area , the diagram shows the block bounded by Broadway, Fresno , H , and Merced Sis . in its present confeguration . The site should be shown as reconfigured back to a traditional street grid , and developed over time with ground floor retail. In addition : 1. The frontage on the south side of Fresno St. and both sides of Mariposa St. between Broadway and H Sis . should also be shown as lined with ground-floor retail uses . Mariposa In particular is a key pedestrian passage from the station to the commercial core of the downtown , and surface parkin g lots and blank building walls would act as a pedestrian deterrent . 2. In the two blocks bounded by H St., Mono St., the UPRR , and Kern St., there should not be a park ing structure placed farther from the station than a surface lot, as shown . If CALIFORNIA C~ U .S. Department ~ • of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty 'ei/ Administration 703-26 703-27 City of Fresno Draft EIR/EIS Comments HST Merced to Fresno Page 26 demand requ ires the construction of a parking garage, the garage should be placed on the site of the surface park ing and its size should incorporate the spaces provided by the lot. 3 . In the block bounded by H St., Mono St., the UPRR , and lnyo St ., the ex isting row warehouse along H St. should be shown as re tained, particularly in light of the above . 4 . A taxi & shuttle pickup area is shown near the station 's west entrance. This facility shou ld be placed near the station's east entrance instead , perhaps as part of the future intermodal transit center shown at the corner of Mariposa St. and H St., or incorporated into the eastern bus stop and kiss & ride areas . An eastern location would allow this transit service to serve the downtown area in add ition to the station itself. 5. In the programming of the station itself, the western entrance should be conce ived as secondary in function to the eastern entrance . The City continues to support a Mariposa alignment for an east-facing station over the previously proposed west-facing station on a Kern St. alignment. Presently several thousand parking spaces exist in publicly and privately owned off-street facilities within walking distance of the station . The proposed new parking facilities depleted in the diagrams should only be developed when the parking demand in the area exceeds the available supply. New park ing faci lities should not be developed on a speculative basis. The land where potentia l future parking facilities are depicted should remain avail able for other types of appropriate downtown development and use , unless and until the parking facilities are developed . Should you have any questions regarding the City's comments on the draft EIR/EIS , please contact our Ass istant City Manager Bruce Rudd at (559) 621-7770 or our City Engineer Scott Mozier at (559) 621-8650 . Sincerely, Mark Scott City Manager Attachment : Downtown trench alternatives Page 19-74 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) 703-1 Consistent with requirements specified under state and federal law , the Authority recognizes its obligation to pay for costs associated with the project, including right-of- way acquisition , residential and business relocation , project construction , system operation , and implementation of adopted environmental mitigation measures, as identified in FEIR/EIS. Following approval of the EIR/EIS , the Authority will work with city staff with regard to items needed for project construction, including , for example , plan checks for public improvements , traffic control plan reviews , and construction-related inspections . To facilitate this cooperation , the Authority intends to enter into an agreement with the city that describes the activities , terms and conditions with which the city's project review and approval process will occur. 703-2 Through further engineering and discussions with Fresno , the trench option was found to be considerably more costly without providing the intended benefits. Trenching the HST alone would not provide desired benefit to Fresno and while trenching both HST and UPRR would be possible , it would be even more costly and critical spur lines would be overly constrained and impractical. Additionally , this option would require a longer construction period, which would not meet the Federal ARRA funding requirements . Through cooperative discussions , the Authority and Fresno reached agreement on an at-grade profile with some areas of the profile lowered where possible . 703-3 In regards to the City's concern about Construction Transportation Plan , specific construction measures requested by the City (on Pages 5 & 6 of the comment letter) have been added to Section 3.2 .6 Transportation Project Design Feature in the FEIR/EIS . See MF-Response-TRAFFIC-1. In regards to the City's concern about emergency response access , Section 3 .11 (Safety and Security) discusses detours around construction sites and how potential construction phasing of roadway overcrossing construction would be implemented . The project design features includes development of a detailed Construction Transportation Plan (CTP), which will be coordinated closely with the City of Fresno . The contractor will develop the CTP on behalf of the Authority in cooperation with the City of Fresno , which will include a traffic control plan to address temporary road closures, detour provisions , CAL' FORN 'A ~.,... U.S. Department ~ • ofTransportation • • • Federal Railroad Htgh-Speed Ratl Authonty -.;1 Administration 703-3 allowable routes, and alternative access . By developing the CTP and traffic control plan in cooperation with the City of Fresno and other jurisdictions , the Authority will collaborate with those affected by project construction to ensure that adequate emergency access is maintained . Additional provisions and agreements for providing emergency access in the City of Fresno would be made in the MOU that is currently being negotiated with the city . In regards to the City's comment on full construction of Veterans Boulevard , the Authority and FRA are only responsible for the project and effects as defined in the EIR/EIS . The EIRIEIS includes a portion of the Veterans Blvd construction. Additional development of this project would be the responsibility of Fresno. In regards to the City's concern about specific mitigation measures (TR MM#6}, Traffic mitigation measures TR MM#1 through TR MM#11 provided in the EIR/EIS would reduce potential effects to less than significant. The Authority is working with the City of Fresno on the specific details to complete these mitigation measures, through memorandum of agreement with the City and equal to or more effective than the measures provided in the DEIR/EIS . In regards to the City's comment on Carnegie Closure analysis at intersection 9 , Figarden/Bullard -In response to the City's comment, further analysis was conducted at this intersection. During the analysis , the project team noticed that the current geometry at this intersection is different from 2009 field verification during initial analysis. Per the City's comment, analysis was further refined at this location with the updated geometry, and mitigation measures were identified accordingly to reduce the project impact to less than significant level. Detailed analysis at this location is presented in the Final EIR/EIS . In regards to the City's comment on Shaw Avenue grade separation and Intersection 1, Golden State Boulevard and Santa Ana Avenue -Signalization and the provision of two northbound left turn lanes and two westbound receiving lanes will occur at this location as part of the Shaw Avenue grade separation and will be reflected in final design . In regards to the City's comment on Carnegie Closure analysis at Intersection 2 , Cornelia Ave/Santa Ana Ave -The curved alignment at this location has been Page 19-75 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-3 incorporated into the des ign , and the traffic analysis was updated accordingly . Based on the revised alignment , there would not be any impact at th is location , and no mitigation would be necessary . Revised traffic analysis at this location is included in the Final EIR/EIS . In regards to the City's comment on Carnegie Closure analys is at Intersection 3 , Cornelia Ave/Shaw Ave , the analysis was further refined at this location to identify mitigations for LOS E conditions . Revised traffic analysis is included in the Final EIR /EIS. In regards to the City's comment on Carnegie Closure analysis at Intersection 5, Blythe Ave/Shaw Ave -Based on the City's comment, analysis was further refined to include a right-in/right-out at the Shaw Ave/Jennifer Ave intersection . The intersections of Blythe Ave I Shaw Ave , Brawley Ave / Shaw Ave , and Figarden Dr/ Gates Ave were re- analyzed to reflect the changed traffic patterns at Jenn ifer Ave and Shaw Ave . The re vised analysis shows that the intersections of Shaw Ave I Brawley Ave and Figarden Dr/ Gates Ave would continue to operate at acceptable LOS under both Existing plus HST proj ect and 2035 HST project conditions. However intersection of Shaw Ave and Blythe Ave would be impacted by the project under existing and 2035 HST project conditions . Mitigations are identified at this location to reduce the project impact to less than significant level. Detailed analysis and mitigations will be presented in the final EIR/EIS . In regards to the City's comment on Shaw Avenue grade separation and Intersection 7 , Cornelia Avenue and Golden State Boulevard -Signalization w ill occur at th is location as part of the Shaw Avenue grade separation and will be reflected in f inal design . In regards to the City's comment on Carnegie Closure analysis at Intersection 14 , Veterans Blvd /Bullard Ave -Per previous coordination with the City staff, information from the Veteran 's Blvd Traffic Operations Report (TOR) was used in the traffic analysis for 2035 No Project conditions . However, it should be noted that the HST project proposes to close Carneg ie Ave in conjunction with the sh ift of Golden State Blvd . The impact of the Carnegie Ave closure was not included in the Veteran's Blvd TOR. Th is is a HST specific impact , hence the difference in traffic issues.With the Carnegie Avenue closure , all the traffic accessing Golden State Blvd via Carnegie Ave would detour along CALIFORNIA e ..... U.S. Department ~ • ofTransportation • • • Federal Railroad H1gh-Speed Ra1l Authonty fti1 Administration 703-3 Bullard Ave and Veterans Blvd to access Golden State Blvd . This would result in impacts to the Veterans Blvd/Bullard Ave intersection . Traffic mitigation measures TR MM#1 through TR MM#11 provided in the EIR/EIS would reduce potential effects to less than significant. The Authority will work with the City of Fresno to revise these mitigation measures so they are acceptable to the City and equal to or more effective than the measures provided in the DEIR/EIS . In regards to the City's comment on Carnegie Closure analysis at Roadway 5 , Veterans Blvd between Golden State Blvd and Bullard Ave -The roadway widening mitigation is required to reduce the potential impact to a less than significant level. The Authority will work with the City of Fresno to rev ise these mitigation measures so they are acceptable to the City and equal to or more effective than the measures provided in the DEIR/EIS . In regards to the City's comment on SR 99 realignment analysis at Intersection 11 , Clinton Ave /Weber Ave-Clinton Ave/Weber Ave-Per the City's comment , eastbound dual left turn have been incorpo rated into the design plans for the final EIR/EIS . In regards to the City's concern about insufficient analysis for Olive Avenue overpass near Golden State Blvd -intersection analysis has been performed at these locations to capture the effects of proposed overcrossings and elimination of existing at-grade intersections. Based on the intersection analys is , traffic signal is proposed as mitigation at the intersection of Olive Ave/N West Ave . At the intersection of Ol ive and Fruit , the project does not have any impact under existing or future conditions , hence no mitigation is proposed . In regards to the City's concern about insufficient analysis for McKinley Avenue overpass near Go lden State Blvd -intersection analysis for the Golden State Blvd closure is included in the EIR/EIS which includes the intersection of new McKinley Avenue connector . The project proposes to provide signal at the new connector with McKinley Avenue and this has been included in the analysis provided in EIR/EIS , Based on the analysis it is found that the project does not impact SR 99 NB ramp at McKinley Avenue , hence no mitigation is provided at this location. In regards to the City's concern regarding widening a number of intersections and roadways around Fresno HST Station-Traffic mitigation measures TR MM#1 through Page 19-76 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response t o Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresn o, October 13, 2011) -Continued 703-3 TR MM#11 provided in the DEIR/EIS would reduce potential effects to less than significant. The Authority will work with the City of Fresno to revise these mitigation measures so they are acceptable to the City and equal to or more effective than the measures provided in the DEIR/EIS . In regards to comments relating to Fresno Station : Intersection #24 : G St/Tulare St-Tulare Street overpass option analysis is presented in the final EIR/EIS . Intersection #46 : Fresno St/Divisadero St, and Intersection #63 : H St/Divisadero St • Mitigation measures provided in the EIR/EIS would reduce potential effects to less than significant. The Authority will work with the City of Fresno to revise these mitigation measures so they are acceptable to the City and equal to or more effective than the measures provided in the DEIR/EIS . 703-4 See MF-Response-NOISE-4 , MF -Response-NOISE-5 and MF-Response-NOISE-1 . 703-5 The location and size of major sewer lines that are impacted by the project including those to be relocated to outside the HST right-of way (ROW) to the new Golden State Blvd (GSB) ROW and the new State Route 99 (SR99) ROW will be shown in the Final Design Plans (Plans). The maintenance access to the sewer collection systems are provided : The Plans show changes in direction of the sewer collection system occur at sewer manholes, i.e ., sewer lines are straight between manholes. Sewer mains along the GSB and manholes are located in the center of the proposed GSB in accordance with City of Fresno Standard Drawings . Sewer lines crossing the HST ROW and GSB ROW perpendicularly or diagonally are located where sufficient space and right-of-way (or easement) are present or available . Construction contract's special provisions require that the full operation and functioning CALIFORNIA e~ U.S. Department ~ -of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty 'ei/1 Administration 703-5 of the existing sewer collection system be maintained and undisrupted . Such provisions also require that the Design-Build Contractor coordinate with·· and obtain approval from ·· the City of Fresno for construction work near the existing sewer lines , and that the Contractor's interim bypass pumping plan , final connection/switching plan and commissioning/capping plan be reviewed and approved ·· and the installation of such be inspected •· by the City of Fresno. The provision to allow future growth and installation of future sewer lines along the HST corridor: Along the HST ROW , all points of crossing of existing and future water and sewer lines in the City of Fresno 's Water and Sewer Master Plans (as identified by the GIS ShapeFiles provided by the City of Fresno) are provided with steel casings (for lines 16 " and less in diameter) or reinforced concrete pipe (RCP) casing (fo r lines 18" and greater in diameter.) The Plans show that relocation, replacement and abandonment of existing water and sewer mains necessitate that the existing service lines , laterals and hydrants be reconnected to the new sewer/water mains . The Plans also require that the Contractor follow and meet City of Fresno Standard Drawings for Water and Sewer Systems . All existing water and sewer facilities, structures and appurtenances are relocated to outside the proposed HST ROW . All future water lines for recycled water or potable water that are in the City of Fresno Water Master Plan (as identified by the GIS ShapeFiles provided by the City of Fresno) are provided with steel casings or RCP casing . 703-6 1. Water main crossings the HST: The final design plans (Plans) will show that water main crossings at HST are preserved and protected . a) The existing water mains crossing the proposed HST right-of-way (ROW) are maintained and steel casings provided . Valves are provided on both ends of the casing outside the HST ROW for future maintenance . b) All water system appurtenances such as valves, blow-offs , air release assemblies are located outside the HST ROW . c) All water mains are relocated to within the existing or future public ROW. The Plans show that new 14" and 8" water mains along Golden State Boulevard are located Page 19-77 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Con tinue d 703-6 7 feet and 15 feet from the fa ce of curb toward the center of the roadway . d) The Plans include empty casings for the City of Fresno 's future water line crossing at the HST ROW. The empty casings are located and sized in accordance with the wate r system ShapeF il es provided by the City of Fresno . e ) The Plans are the procurement documents for the design-bu ild bidd ing and construction . Add itional cross ings may be included in the construction contract as they are identified and requested by the City of Fresno , in accordance with the Utility Agreement(s) currently under negotiation between the Authority and the City of Fresno . 2. Additional steel casings for water main crossings may be included in the construction contract as they are identified and requested by the City of Fresno, in accordance with the Utility Agreement(s) currently under negotiation between the Authority and the City of Fresno . 3 . Whethe r the City of Fresno or the Des ign /Bu ild Contractor will carry out the final design of th e water fa ci lity relocations/improvements will be based on the Utility Agreement(s) currently under negotiation between the Authority and the City of Fresno . The Construction contract's special provis ions will require that the Design/Build Contractor coord inate with and obtain approval from the City of Fresno for all util ities under the jurisdiction of the City of Fresno 's Department of Public Utilities . 4 . The proposed water line is located w ithin the Fresno-Bakersfield Segment and the comment should be responded by the Fresno-Bakersfield Reg ional Consultant. 703-7 The requested rev isions rega rding the service area , fire equipment, and Type 1 Heavy Rescue and Regional Response Forces certification have been in made in Section 3.11 , Safety and Security , of the Final EIR/EIS . Comments regard ing emergency response and fire protection associated with the Shaw overcrossing , cul -de-sac installations , Divisadero crossing closure , and connection between Divisadero and G Street are noted ; the project des ign will include coordination with emergency responders and City of Fresno Public Works to fulfill response route needs and improvements and to determine the required relocation of fire protection infrastructure such as fire hydrants . CALl FORNIA e~ ~i~!~~~~:~ • • • Federal Railroad Htgh-Speed Rotl Authonty "e/1 Administration 703-8 The 2010 US Census data was not available when the DEIR/DEIS was getting prepared. Census data has been updated with 2010 data in the FEIR/EIS where data is available . The Proverello House community facility has been added to the table in Section 3.12 , Socioeconomics , Communities , and Env ironmental Justice . In addition , this commun ity facility and information about services provided has been incorporated into Appendix B , Community Facil ities , in the Community Impact Assessment. 703-9 The Merced to Fresno section does not bisect any communities . In Fresno, all the HST alternatives are adjacent to the existing transportation corridors which originally bisected the community and the HST project would add incrementally to these corridors . Access is still mainta i ned across all corridors to ensure the community rema ins connected . See MF-Response-SOCIAL-4 for additional information . Additionally , the HST station in downtown Fresno may result in positive economic benefits related to transit-oriented development and the HST is consistent with many of the goals and policies identified in the Fresno specific plans. For areas outside of the station area , where residential or businesses are acquired as part of the project compensation is provided as detailed in Appendix C, Relocation Information , in the Community Impact Assessment, and there are suitable locations i n the general area where residents and business could relocate which minimizes the social and economic effects . Information is also provided in MF - Response-LAND USE-3 and MF-Response-LAND USE-4 to address the effects on land use and the future uses which can have an effect on the social and economic effects . 703-10 See MF-Response-GENERAL-1. 703-11 See MF-Response-SOCIAL-2 and MF-Response-SOCIAL-8 . The HST project's level of design somewhat limits the level of detail that the EIR/EIS analysis can achieve . The analysis looked at replacement properties within the citywide relocation replacement areas and within a 30-mile radius within the unincorporated portions of the counties. The Page 19-78 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-11 analys is identified location s near the areas where the acquisitions occur for the business and res idential acquisitions in the City of Fresno , so bus inesses could be relocated in close proxim ity to their existing locations . All businesses and res idential properties acqu ired would be compensated . SO -MM#2 in Section 3.12 .7 provides information on the rel ocati o n plan that w ill be develo pe d as part of th e HST proj ect and Appendix C , Relocation Information , in the Community Impact Assessment, provides additiona l information on the compensation provided . Se ct ion 3 .1 3, Station Planning , Land Use , and Development, provides information on the amoun t of land that w ill be converted to a transportation related use . The conversion of land to a transportation related use is not anticipated to result in any negative effects on the adja cent land use . Refer to MF-Response-LAND USE -4 for information on the effe cts on future land use . 703-12 Su ita ble lo cations for an y businesses acqu ire d as part of the HST project are located in same general area , so impacted bus inesses coul d relocate near their existing locations . Refer to SO-MM#2 in Section 3.12 . 7 for info rmation on the relocation plan that will be developed for the pro ject. The HST project would add in crementally to the ex isting transportation corridors and no sign ificant impacts on ad jacent land uses occur. See MF-Response-LAND USE-3 and MF -Response-LAND USE-4 . 703-13 The displacement and relocation methodology follows guidance provided in the Right-of- Way Manual -Re location Ass istance and Housing Program (California Department of Transportation [Caltrans] 2009) for relocation impact documents and the Community Impact Assessment , Caltrans Env ironmental Handbook, Vo lume 4 (Caltrans 1997). The analys is is based on the draft 15% baseline engineering design plans provided by AECOM in May and June 2010 and cost sav ings revisions prov ided by AECOM in February , March, and Apri12011 using a worst-case scenario, at-grade vertical profile. Per agreement with the Program Management Team , two methodologies , the "full method " and th e "abbreviated method ," (to meet the schedu le) were used for data collection and acquisition /displacement determinations . The full method was used for the May and June 2010 draft 15% baseline eng ineering design plans and the CALl FORNIA C~ U.S. Department ~ • of Transportation • • _ Federal Railroad Htgh-Speed Ratl Authonty 'ei/ Administration 703-13 abbreviated method was used for the February , March , and April2011 cost savings revisions and the June /July 2011 alignment update revision (including Hybrid with Ave 21 Wye and additional roadways). Onsite field inspections prov ided information to formulate assumptions regarding affected property . Field inspections included drive-by surveys and a review of aerial maps , tax assessor records , and property information obtained from other county records . Field inspections were conducted in 2009 and 2010 for the preliminary footprints . Aerial photog raphs and a review of public records and broker information provided additional information , when available . Aerial photographs and reviews of public records were the primary sources of information to determine use and other detai ls of properties that were added to the prelim inary footprints as the engineering design plans developed . The abbreviated method rev iews of parcels were conducted for the cost saving revisions to the preliminary engineering design plans. Field inspections were not conducted ; however, aerial maps and aerial photographs were reviewed. Surveys that delineate the actual right-of-way required for the Merced to Fresno Section of HST are yet to be completed . Final determination of right-of-way impacts may change during engineering and design of the HST facilities. After completion of the environmental review process and consideration of public input, the preferred alternati ve would be selected and analysts would evaluate acquisition and relocation alternatives. The HST project would relocate displaced res idents and businesses in suitable areas or provide just compensation . 703-14 Information on the number of employees was based on the following methodo logy: The number of displaced employees was determined by using estimated averages of 1 full -time employee (FTE) per 325 square foot (SF) for commercial land uses , 1 FTE employee for 250 SF for municipal land uses (offices), and 1 FTE emp loyee for 525 SF for industrial land uses (including manufacturing , distribution , and warehousing). The analysis also included a preliminary evaluation of properties for sale and lease in June , July , and August 2010 and current real estate market trends indicate an adequate Pag e 19-79 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-14 quantity and quality of rep lacement properties for residential and business displacements . The analysis was performed using data from CoStar, a commercial real estate information company that provides commercial real estate information includ ing commercial propert ies for sale and commercial space for lease . The repla cemen t properties are w ith in the citywide relocation replacement areas and w ithin a 30-mile radius in unincorporated portions of the counties . Th is is true under all alternatives , at this time. Future availab ility may vary depending on market trends , population growth , and planned development. The evaluation of properties for sale and lease has been updated for the Final EIR /EIS. Based upon , the latest analys is with data from CoStar in 2012 there are a number of available properties located in the general area of the HST project, so businesses could relocated in close proximity to the their existing location. 703-15 Information on employment is based upon 2010 data from the California Employment Development Department . Any data from the 2000 US Census has been updated in the FEIR/EIS with availab le 2010 US Census data . 703-16 SO-MM#2 , Develop a relocation mitigation plan , has been updated in Section 3 .12 .7 of the FEIR/EIS based upon the City of Fresno suggestions . 703-17 See MF-RESPONSE-NOISE-1, and the EIR/EIS Section 3 .4 , Noise and Vibration , addresses effects specific to the zoo activities . During the final des ign process , the Authority would coordinate closely with all affected jurisdictions to establish and provide additional detail for the mitigation measures (i.e ., surface treatment of columns to minimize aesthetic effects) for temporary and permanent park impacts. See EIR/EIS Section 3.16.6 (Aesthetics and Visual Resources) for additional information on mitigation measures that could apply to parks . See EIR/EIS Section 3.17 (Cultural and Paleontological Resources) for additional information regarding the historic status of Reeding Park . See also PK-MM #5 which describes the mitigation measures for potential noise impacts at Reeding Park and specifically CALIFORNIA f:~ ~i~~~:~~.:'~ • • • Federal Railroad Htgh-Speed Ratl Authortty 'e/1 Administration 703·17 requires the Authority to work with the City of Fresno to address potential noise impacts. As noted in Draft EIR/EIS Section 3 .15.5 .3, the proposed projects described in the Reeding Regional Park and Fresno Chaffee Zoo Facility Master Plans in June 2011 (City of Fresno 2011) would not conflict with the adjacent HST project , except for the planned park boulevard entrance and exit at Golden State Boulevard. The other proposed projects could proceed as designed . Regard ing Golden State Boulevard , the Reeding Regional Park and Fresno Chaffee Zoo Facility Master Plans identifies a new boulevard through the middle of the park connecting with a new entrance and exit on Golden State Boulevard. However, Golden State Boulevard would be closed under the HST project (i.e ., the project would require the closure of Golden State Boulevard east of Reeding Park , precluding a direct connection). Accordingly , construction of the boulevard as contemplated in the master plan would conflict with the HST design. The Authority is currently working with the City of Fresno and the zoo to resolve this planning conflict. Reeding Park has two existing entrance and exit points (Olive Avenue and Belmont Avenue), which would remain under the master plan scenario. Moreover, the HST proj ect would construct new overcrossings at Olive Avenue and Belmont Avenue to carry traffic over the HST guideway , which would facilitate continued access to these existing entrance and exit po ints . The parties involved agree that utilizing Olive Avenue and Belmont Avenue as primary entrances to the zoo instead of Golden State Boulevard is a feasible solution . The involved parties agree that the goals of the Master Plans can be served with these entrances , and the Authority is continuing to work with the City of Fresno and the zoo on an MOU that will outline how the Master Plans will be updated to reflect the HST project . 703-18 See MF -Response-VISUAL-3 and MF-Response-VISUAL-4. Specific details pertinent to Fresno will be advanced through final design . The Authority is and will continue to be working closely with the City of Fresno on multiple details, including the implementation of the Authority's Design Guidelines project design. 703-19 See MF-Response-CUL TURAL-4 ; See MF-Response-CUL TURAL-5 ; MF-Response- CUL TURAL-8 ; MF-Response-CUL TURAL-2 . McCardle Home, Acre Building Company , Page 19-80 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-19 and Zacky Farms were evaluated and found to not be eligible , therefore they are not discussed in the EIR/EIS . 703-20 See MF-Response-GENERAL-3 and MF -Response -LAND USE -2. 703-21 The overpass at McKinley Avenue will be at 8% grade , but it is not anticipated this will negatively affect pedestrians in th is area and is ADA compliant. See responses SOCIAL-1 and SOCIAL-4 regarding acquisition and relocation impacts to communities and businesses. As design details are finalized , such as pedestrian connections , parking locations, and property acquisitions , the HST Authority will continue to work with local agencies, including the City of Fresno . 703-22 The proposed HST Project will replace existing facilities . Additional improvements will be done /depend on MOU/Agency Agreement between the Authority and the City of Fresno . 703-23 The City of Fresno requested that the Authority consider constructing Stanislaus Street and Tuolumne Street crossings as underpasses under the HSR. The Authority informed the City that due to construction sequencing and other timing constraints it was not possible to construct these crossing as undercrossings within the time constraints imposed by the ARRA funding . As an alternative the City requested that the Stanislaus and Tuolumne overpasses be constructed as a single structure to be located at the same location as the current Stanis laus Street overpass . The City further requested that an ADA compliant pedestrian overpass also be constructed as part of the new Stanislaus structure . 703-24 The locations of cui-de-sacs currently included in the project design were developed in coordination with the City. CHSRA and FRA will continue to coordinate with the City as design efforts continue . See also MF-Response-TRAFFIC -2 . CALIFORNIA e~ U.S. Department ~ -of Transportation • • • Federal Railroad Htgh-Speed Ra1l Authonty 'e/1 Administration 703-25 See MF-Response-SOCIAL-1 and MF-Response-SOCIAL-4 . 703-26 The Authority is aware of the City's vis ion for Downtown Fresno and its ongoing efforts to advance that vision. Furthermore , the Authority is prepared to continue its collaboration with the City to ensure a common understanding of the respective roles and responsibilities in contributing to realizing the components of the vision. Moving forward , the principal forum for this collaboration will be the station area planning process , as supported by the Authority 's Station Area Planning Grant. The City's grant application was approved by Authority staff in November 2011 , which was used to develop the Station Area Planning Funding Agreement. The City completed its review of the Fund ing Agreement and approved it at the end of December 2011. Once the Funding Agreement is signed and approved by the Authority , the planning work associated with the grant application will commence . Through th is process, the Authority anticipates resolution of a variety of matters related to the HST project and its effects on Downtown Fresno , including those mentioned in the City's comment(s). The outcomes will be reflected as refinements to the Authority's 30% design for the station , which will follow completion of the alignment, structures , and roadway design work for the initial construction segment (ICS). Note that the City's comments on this subject address issues that would not affect the environmental analysis . The possible exception is the configuration of the Fresno Street-H Street intersection and associated changes to the local circulation network, which could affect the traffic analysis . The analysis completed for the FEIR/EIS does , however, assume the restoration of the intersection as a four- way , at-grade facility, which is consistent with the City's comment/request. 703-27 See MF-Response-TRAFFIC-5. Parking for the downtown Fresno station area is addressed in the Section 3.2 , Transportation, and the section identifies the number of parking spaces that could be required for the Fresno station. To meet the initial 2020 demand , about 3 ,500 parking spaces wou ld be required and another 1,550 to meet the 2035 parking demand . To meet the demand for parking the excess public parking within 1 mile of the station will be used and it is not until 2035 that a full build out for parking spaces will be required . Any new structures required to meet the estimated 2035 Page 19-81 CALIFORNIA HIGH-SPEED TRAIN PROJECT EIR/EIS MERCED TO FRESNO SECTION Response to Comments from Local Agencies Response to Submission 703 (Mark Scott, City of Fresno, October 13, 2011) -Continued 703-27 demand will not be constructed until there is a need. The Authority is aware of the City's vision for Downtown Fresno and its ongoing efforts to advance that vision. Furthermore , the Authority is prepared to continue its collaboration with the City to ensure a common understanding of the respective roles and responsibilities in contributing to realizing the components of the vision . Moving forward, the principal forum for this collaboration will be the station area planning process , as supported by the Authority's Station Area Plann ing Grant. The City's grant application was approved by Authority staff in November 2011 , which was used to develop the Station Area Planning Funding Agreement. The City completed its review of the Funding Agreement and approved it at the end of December 2011 . Once the Funding Agreement is signed and approved by the Authority , the planning work associated with the grant application will commence . Through this process , the Authority anticipates resolution of a variety of matters related to the HST project and its effects on Downtown Fresno , including those mentioned in the City's comment(s). The outcomes will be reflected as refinements to the Authority's 30% design for the station, which will follow completion of the alignment, structures, and roadway design work for the initial construction segment (ICS). Refer to Section 7 .5, Station Alternatives , for additional information on the Fresno station alternatives the selection of a preferred alternative . CALIFORNIA e~ U.S. Department ~ • of Transportation • • • Federal Railroad H1gh-Speed Ra1l Authonty -.;1 Administration Page 19-82 EXHIBIT B-4 ENVIRONMENTAL IMPACT REPORT FRESNO TO BAKERSFIELD RESPONSES TO SUBMISSIONS California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) October 13, 2011 Mr. Roelof van M , CEO California Hfgh-Speed Rail Authority 770 L Street , Suite 800 Sacramento, CA 95814 RE: Commonb _.,g Frnno to llako..tlold High Speed Train Dmt EIIUEIS Dear Mf~ van Ark : Thank you for the opportunity to reYiew and comment on the Draft EIRIEJS for the Fresno to Bakersfield segment of the proposed High Speed Rail project In an effort 10 make the High Speed Rail project the tNist tor the State of CaMfom ia , for our metropolitan region and for the local conmunity, p~aae consider the COfJ'ments the Cily il pro't'iflng as you prep a AI the Final EIRIEIS . Attached pleaae find a detaied comments tabla wNcl'\ eddresses specir.c lssuea throughout the document. These concerns generWfv fal into the categories below: The need for underp~sses versus overpasses at seveliill &treet-ailroad grade separ.~ti ons ; Conslruction impacts (traffic management plan, limitations and restrictions upon road closures); Adequacy and timing of certa in traffic mitigations; • Economic lmp1cts to bus inesses, sales tax and properly tax; • Depressed trench wrsus at-grade profile through downtoWI; • Protection of existing seMr and water pipelines , provi.sion for future a"Dstinga ; Adequacy of historic: ntsources 81U1tysis In terms offiscllland economtc impacts , the CRy of fresno 'Aitshes to emph.siz:e that1he high speed rail ptojed should not result in any cost or negative revenue impacts to the City. City staff wil be pleased to anist 'Mth procening of itemi required for the project inclHf.ng plan checks for public: improvements , traffic wntrot plan re\riews, inspections and acceptance of City facil ities. Of COUI'H , CHSRA WI be COrfl)~lely responsible for financing the mitigation measures ~Jn the City of Fresno o r its sphere of lnftuence, and as a ruutt. no City of Fresno CAliFORNIA o ~~~~~~~:;: F-~1 Railroad High-Speed Rail Authority Admlnl•vatlon l010-1 lOI0-2 Cily of Fr.,no Dnlft EIR/EIS Commenb HST Fresno 1o Baker>foeld Pag<o2 funds, n:sou~t:es or staff time !Nil be required for the mitigation measures or processing ofitemt unlenlhe CHSRA ~ CO<TfiOOUieo lhe Cily. h io lho Cily's expec,.Uon CHSRA wil bear the lui coot• auociated v.ilh lho project's impacts, tnwdlng lfl"oo**o lo lhe Cily'o raoidenll and buJinenes-Our specific convnents are bted below by aectton of the Draft EIRIEIS . As C8ll be ~een from the extensNe ccmwnents provided in this leHer. the City has concems thai the DEIRIEISs ha"" not sufticienlly onelyzed o signiftcant number or potentially sl~nificanl environmenlol ~ds 1o the Cily or Fresno !rom !his Project SECT!QN 21 : AlTERNATIVES A crilical co~nenl of on EIRIEIS b its Alemalives Anllysio. Though the EIRIEISs for the Bakentield lo Freano and Merced to Fresno aadions analyze alternative alignments for arMs apart from the Ci1y of Fresno, 1he EIRIEISt anatyza anty one option rar the raW oignmonVprofielh<ough tho Cily of Fresno. Tho City beie .. s lhellhis single eltema11Yo Is inodequole and lais 1o comply with 1he requlromonls or CECA and NEPA. Pubk Resources ~-section 21002 slales 11\ot lha C-Ia IAgotlaturellnds and cktares that " •S the poky or the ttl'-lha1 pybk "'""'' •hotdd net IQPfPY' I P'Ptld II pt'Opoled Jf there are feal!bie: t!l•matWes or trtstble g!!ioa1K!n mtlllK" avWbft v.!!ich ~ t ubstant~ lnun lhe ~ion!f!enr eftVItOnmtnta! eHectt of we!' I>!Okct!· Jn ad&tiOn. CEQA Guidelin es, u cc10n t5126.i (c) ata111 ltlat the range of potenMia!tem.JWes to 11t proposed pfoject !!!!! &ndude lhO!.e thai co~ fen!bN tt.eompilb most of b bfu; obtfc!Mts of the pto!et! and c.oukf avoid or tubf.tantaatv Mnon one or mo!! of !be t!gnlfietnl efftstJ. The EJR ol>ould abO odonlofy an, allemoovu 11111 ...,,. considtrod by the load agency bulwore rejoclod as tnleasoble duttng the IICOP"'9 procon and lrnotlf explain lhe reuoM undarfyin9 the load tgency's deiemination. CEQA Guidelines, section 15364 at. .. s 1hat 1e11ibte" me1ns cap1ble of being accomplished in a aucces.aful m1nner 'lllithin • rea10011ble period of ime, taking Into u.count economic, enWonmentel,legef, sociai.OO technological fKto~. The economic factor&, such as cost of construcdng an llltem.tive, fNIV be constdered in determining the feasibiity of •n atlem1tiw:. How.ver, California c:ourts t.ve 5tated UW the f.c:t 1t\a1 an aftemettve is more expensive than tha project, does not make the alematiw infet1ibll. The cour1 in C41 iuns of Gote!f Yak< y Board ot Sueti'Y!!o(J. (11il88) 197 C•lApp.3d 1167. 1181atet.d•sfolowa, The tact thM an a•emetive EJ\I't be mom tXDtnsjYI or less profitable is not sufficient to 1how thai the aa.metive is financialy infNiibla. WhM il ncpr.d is evidence that the eddilionai costa or loat profitabity ere sufficienly severe as to render iC il!'C!rwcticll to proceed v.ilb tte proiect_ (Undertining added.) Hero , lhe EIRIEIS alalts lho projocl objectives end policieo lor lho propoood HST syatem are as follows : 1. Provide lnt.rdty lravel capocily 1o supptomonl ailically ovor-<11od inlerstJIIo hlghMyl Md c:xmwnercialairporta . 2. Moe! fu11<ro in,.rcity lrawl domond !hat wil be unmel by current transportation syslomS, and !nero ... capacity lor intercily mobility. Page 2Q-95 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L01 0 {Mark Scott, City of Fresno, October 13, 2011) -Continued l0\0.2 City of Fresno D<an EIRIEIS COrrrnent• HST Fruno to Bakersfield Pall" 3 3 . MeKinUe intennodal 1ransportation opportunities by locating stations to connect Wth local transit, a;ports, and high..w~. 4. lmproWJ lt!e lnten:::hy tr.lv~l experience tor Californian' by providing comtonable, ure, frequent , end rellabte h~peed tr11vel 5. Prowte 1 .sustelnat* reduction in trawl tme be~n mejor urban centers:. 6 Increase ttle etficlency of the intercity transportation system 7. MaxirrUe lhe uae of existing transportation corridors and rights-Gf-way, to the elrtent feasible. B. Devetop a practical and eeonomic:elty viebte transportation system that can be imp..,...nted in phases by Z020 and g&nelllte rwWJnue& In ettess of operations and t'l"'ainleNinco co~s . 9 . ProvDe intercity travel in a manner sensitive to and protective of lhe regton'a natural and agrtculturlll resourus and reduce omission• and vehicle miles tl'8veled for Intercity trips. In this rogord, on entirety below-grade "1rttnch' atyta oMomotive lhn>ugh the City of Fresno's doiM"!to~ area as depic;.l:ed in the a*Qched diegrwn(a) could feasibly ecx:omplish moat of the billie objectives of the project as required for ane~sis by the EIR/EIS. First , the downto"M1 ~nch" akamalive provides the same Nercity travel capacity ta aupplement aitfceMy over"""sed interstate highways and commercial airpotU, and is COI'\$i5tenl with lhe 'II grade' profile aMemolive pnl!>OSOd by the draft EIRIEIS except that ~ WDIIld be belowgrode. Second, the ckJo.M1to~ "tranch" ahernatNe mere~ attusts the grade to mitigate environmental mp.cts caused by the option analyzed by the draft EIRIEIS, and WI be able to fullil the objective of mooting futuno illercity travel demand tllol ,... be unmet by cumtnl lrlnaportation syst.ms, and increase capacity for intercity mobitv, in substantial! the same manner 11 the a'-9..-de option. Third, ataUon loe~~Hon alternatives , including the preferred Martposa Station , wCI not be .tfected, A& 1 result, the do'M'tloW'I "tA:nch• atternati ... -MI continue to maximize intermodal tr11naportetion opportun1tlea by bcahg station5 1o connect ~ local lfiln&it, aifl)ortl, end highv..ya ln tie aame nwnner as the at-grade athtmatiwt. Fourth, 1he do'M'\to'Ml '"trench• attematiw \Mil provide for the owral same inprovement to the Intercity tr.vel experience for Cetifomians by providing comt'orta~. safe, frequent. and reiabla high-apaed lro""l. The grode saparation will not aflect ..,.ty, other than to lmproye emergency ,..sponsa times and public safety services on rcedwlys passing owr the below- gradtt ••nch as compared to the 11t-9rade attamettve requffing unde:r.passes , steep awr· pnse1 or other impediments to vehicuiar and pedestrian traf'fic. FIN!, the_.., 'ltench' allemalive \011 mee1 lhe objec:tiva of pro~ 1 austainll>lo reduction in tra~J tme between nwjor urban cen\e~ for the ume reasons ., the at""Vfad• aMemolive analyud In the EIRIEIS , H "'• oloo incle111 the efficiency of the intercity t~WtSportation sy1tem in the same rr.nner. Sixth, the downto'MI "'trench• a1tem1live WI meet the object;ve of m1xirriz.ing the use Of existing tnmsportltion corridoB and rights.of-way, to the ex1ent feasible. In this regard, 1he CALIFORNIA 0 ~f~,a~~":: • , Fodor>! R>llro>d H1gh-Speed Ra1l Authority Admonostro1oon l010.2 LOID-3 LOt0-4 City of Frosno Droft EIRIEIS COrm>enb HST Fresno to Baki!rsf.e)d P&ll"4 "'trenctf option wil be located at tha kienWcel aUgrwnent as lh• at--grade option, and p.,....ts eXJStW.; Union Pacific Rail Road (UPRR) corridor to ttla emtnt feasib•. Attached are ••verll etoss--sectiona th.t ...._. be.n developed by the City's engineering consultant team. To cHite the Authority has not provided a cost an.tysis to indicele Ylty lhil option -.ould not be fellsibll, 5Jiven this attemetiYe's potential lo ba the environmenWif superior eftaml1ive in 16n'nl of traffic circulation. ••theticc, aocioeconomic and environmental justice considerations, and mininizing the disruption of an ast.abtilh community SECTION lJ: 'lliANSPOATATION Section 3..2 .5 of the Draft EIR/EIS atatesthat•durin!J project deaQnand con&truction, the Authority and FRA v.ould Implement measure• to reduce impects on eirculaUon: Project eonstn.lc:Uon has 1he potentt.•, If not mitigatltd. to create aignirant impacta to emwgency response and pubic safety, resu• in af9nificant tratrx:: eGft98stion, delays and lhort- terrn air qu•ty impecta byeither the ful doaure or roadw8ya or IIane dosure1, "'•' v.outd in tum re1ult in detours or signif!CIIM GM~ys 10 the trawling pubic and ll"nn'I'Qincy respondera. Anerial 1nd coledor .streets, 't'.Mhin both the City and C.lrllns righl-of....,.,.y (l.e. frMv.y overpanes) are reled upon by amergen~ responders such as the F.-e.r1o Police Oepanon.nt and Frl&l\0 Firt Department. Detours, dosuras and Dna ffttrictionl lheretot. haw the potential to tmpad emervency response times, tllu& <noting 1 potentiofot significanl impact to public ...,ty !hoC nood& to be addreuad. Ordinarily a 11811" constnu:lion ond traffic h10dling pion -be pteparod during 1he final dollgn of a pn>jacl , ahr CECNNEPA daaronc:o , --· due to the p«>posed deslg.-.build do!Mry mothod of tile pn>jact, tile City il concamad tllol this apprvach ,.. be inadequate, In lhlt tranic control requiromomo that cto not meta M Into the bid ••~ or bridging documoniS, would haw 1 sln>ng likali,_ of becorring chonga onion, doiml or oenerlll~ cost increeaes to the project. Tho Poking District i~d by lho HSA illhe So-It Polidng District (HSR lnld<l south of McKinlay 81vd). lnfoi'1T\Ition such as propoHd conalr'Uclion ~ •• defNd construction zones, saa.~rity needs for bulding aiMs or buitding maMrials (to coordinate 'Nith private seeurity if used}, v.oukt assist in developing ~--nwt ... rnnv.. for iaw enforcement emergency c.ak. h is not adequate to del7er the dlt~ of • traffic management plan to the final design 11toge gO/an tho !>Olenliol impoctl wllich may or may not be mlligatwd by the Mura plan thll -*1 be da1111lopod. A c:omprehenlillo plan should be dowlopod In conjunction ..th lie Fresno Police Departnent, FI'Oino Fn Dapaltmont and COIIfomil Hlg"-Y Petrol for this arao. Major conslructionlgrado sapa-..s on aost-st "'~ do nol appa*' 1o haw collWnpiltad the impoe1 upon ""*'!!"ncv responder> and public safety for lhe project area. Mol'll tpecliclly II needed in order &a ensure that these impacts .. millgalad. The Draft EIRIEIS Is lnldequote in that these conotruction impacts !lave not boon onolyzad nor hH a plan boen put In place to mililjOIO 1111 .....-. Tnodilionelly ooma ot those requirements for stage construdion and lene closure or road closurw restriction• would be put in ploce during tho final design of the p«>ject. HoMwr, duo to ttoo propoMd design-build dellwry motllod of the project, this opprooch wll be lnadoquata, In !hoC tm11c control rwquintmonts thol do not tMke it 1\ao the b:d aet, or bridgmg documents, 'M)Uki h•v• • strong likalhood of becoming change orde", dlims or generaly cost inctt~aMs to the project. The tratnc ~ Page 20-96 California High-Sj:>eed Train Prqject EIRIEIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued LOI 0-4 LOIO·S City of Fresno Draft EIRIEIS Conwnents HST Fresno to Bakersfield Pogo 5 requirements need to put in place as mitigation measures to reduce these construction impacts to ten th.an significant. The City belie ves the: fo l owing re striction' 'Mil mitigate the construction imp .Jets: Maintain detection at stgnalized intersections W\ere alignment changes or >MOoning .s neceuary, In order that the traffic signal does not need to be placed on recal (fixed timing), Changeabfe menage signa (CMS) shall be a,...Oyed to adviu motorists of lene dosures or detour1 ahead. The CMS shal be deployed aeven (7) deyl prior to the st.rt or construction at that kJC41tion. \\'here pro,ect UJnltrudion causes deJaYJ on major road>Mys during the cont1Ndion period , the project shal provide for a net'NQrtc of CMS locations to provide adequate driver notification. For enmpJe, con&truction-relaled delays at the railroed gr.cM separations that lead to State Route 99 frM'Miy interchanges wil requi'e CMS piacement to the east to dow drivers to make alternate route decisions. Ill the case of \Wric on Fresno Street, recommended placemen1 v.outd be • CMS at Broadway j ust ent of the UPRR underpass, at Van Ness and a CMS at the nterKction or Fresno and DM sadero . Similar CMS usage shal be requintd along Ventura Avenue , Chuleh Avenue and Central Avenue. Alignment of roado.wys to be grade-separeted and fntev.ey overp~~ues to be recons tructed thai be offset from the exi$ting alignment to greater faciitate 51:age construction. In regerds to the existing raUroad crossings at Fresno Straet, Tulare Street and Ventur. Avenue, tv.o of the three aossinga shal remain open at o~ny given trne . Tho exialing Chur<:ll Avenue at11111de ralroed croumgs at UPRR ond BNSF ahol remain open with one travel t.ne in each direction, untit the Church Avenue owrpau ha& been constructed and 1s open to traffic. In regard' to 1he exl.ating railroad crouingl at Central Avenue and American Avenue, these shall not be closed et the same time . Mittgarion measures associated v«t+\ the ctosure of railroad cmuings in the South Van Ness Industrial area (I e. Van Ness, Florence , Belgravia) shall be constructed prior to doaure of the rai~d aosa •• • The HSR Authority in conjuncUon Wth the City of Fresno , Public Works Dep.rtment shal devetop 1 traffic menagenwnt JM!n for largt event genenlling traffiC on surface traffic congdstionldelaya at Chukehans• Parte at Tulare and H Street, a& wei as Conwn1ion Center/Sa land Aranii/Saroyan Theater events i'l dO\M'IIO'M'I Fr..sno. Pa91.1 3.2-84 through 3.2-89 discuss the mitigation measures necessary for lhe area surrounding the Oo'Mltown Fresno Stlltion. The proposed mitigation meesure& .a to p~do adequate traftic mitl:gation, either due to not going far enough to address the needs, or the measl.l'es fail to be consistent \Mlh the City's adopted Gener31 Plan and asaociated pofiein. The proposed measures need to be mod&d as foHows in order to provide adequate mitigation meaal.l'n: • lnteneclian t6 (SR 99 NB Ramp.sNentura Ave): The NerMCtion ~ meet 14gna1 warrants at the time of HST project comph!tion. Aoad doaures will increasa traffic to this bcation and therefore tha HST project shou&d instal the traffic sjgnel with the initial projad construction, In repds to Table 3.2-53, "Future (2035) PI~ Project Miti9etion MeuLKes -Fresno Station", the City lA concamad that the OEIRIEIS does not prescribe a method for CALIFORNIA ~"'~~.a~:'ta":; . . . {II F-rat Rollro:Kt H1gh-Speed Rail Authonty ., Admonistrotion l010·5 CilyofFrMno OraftEIRIEIS Commonls HST fresno to Bakel'1.f•Jd Poge6 implementing these mitigetion measures. This project as being Funded tMth one-time money for this segment and auuming other project ~gmentl are funded in a aimUr manner, thoae Federal dollra rn8';' not be eligible to imp4emenl future year mitigation• for • previously cons1ructed PfOject segment, thus cntoling o CEQA/NEPA Issue for these tratrJe. tmpects. FurtheC"TnOfe; the HST project 's reconl'igurtltions , realignments •nd road doaures represent alteretiona to trelfic pattems th8t WM be perrn.nent upon project co•tion, thus creating the impect at the time of project constNctlon, Therefor8 the project must either conatrud these mhigetion meaau,.s now tMth initial project construction, or create alegaly binding and entoreeable agreement between 1h• St.lte of Caifomia end City of Fresno for the conltruclion of hae improvements upon 180 days notice by the City Wwln traffiC conditions werr1n1 the parttcular improwmentl. Such an agreement ahould be consistent Wlh existing cau Ww (Andel'lon Firat) and ente,..d in1o prior to cer1ifieation of tn. EIRIEIS. • The Vt'idening of a number of intersection• and ro~1 '<Wlltd conftic1 Wth the City'a 2025 FJUno General Plan Existing Pion polcioa giving the higheot pl1ori1y to 51reet improvements thet ,.. not jeoporciz<l or ._livet, impoct neighborhoods (GP E·H:), Gener.t P .. n E-1-j Poticy is directing pedestrian and other non-motorized travel enhences complimenting safety end efficiency of lhe llnlet :system. The Central Area Community P&ln, Transportation, Clrculltion and Partring chapter articulates one major objective by promoting pedesbWI clrc&.Ution and activi1y taking ft.ll lldventage of the aes"etic and convenience potentials. The Communtty PS.n goes on to e)CpniQ tho importance of a user friendly drcueation system and the linkage bet\wen ioc:al ab'llet .,_rtems, tratfic and pedestrian flow to a maj or activity c:en•r. None of theM poWeioa wit bet satisfted if overpauea are constructed oMth 30 foot benn \t'A\ich eirni1nt1 dlred street access and re-rou&e:t belli hwiffic through a4acent propertin. Overpauot ....tttch are not ADA acceasibtf, v.ebbitity or conducive 10 non-motori.z.ed travel clelfti c:on11ct1 with exis~ng general ond COfM'IIInity pion polciea. Thoro oro no technlc.ll studies, subatantial ellidence or ciscussion (e.g. cueing studies, traffic counts , evllluet'on of properties odjacent to lhe propoMd tako-olf or londing poin!a or lie o-11, cala for tlflllfill removol, urt>on decay, polontlol oes11!etic impeclo, dMalon of an o>iolln; neig+\borhaod) to aub&t.ntiate the conclusion lttat an ovet"pasa ~ redut;e impact&, co,...,_red io en underpua opWn. Thereto,., the City would not be tupporive of widening fo.,Mng intersections and roadv.eys , specl'~: o lnlorooctlon f21 , H Snot ond Kern Street o ln\enection t2:S , H Slreeland Tu&.n~ Street o Intersection t26, Van Nen and Tulare o lntenection tL42 , Van Ness and fresno o Intersection 166, Van Neas and OMsadero o lnleneotion t74, Blocl<ltone ond a.lmon! o RoedMya: We do not l<ll>port lhe -ning of Tulore Street to 11>< lonos bohwen 8ro~ •M Van Nus, nor do we aupport 11e widening of Oivisadero to six lanes betwl:an Fresno Street end SR~1 . • Intersection 124 would heve to be i1 gre..,sepM'Ited inteiWCtion as only the undefpan (Tullre going under HST ond UPRR) io vioble for Tulo,. Stroel. The EIRIEIS foilo to addntss l'te m..,.aa ~t would be created by an overpess et this iocetion, IUCh u historic.......,.. to the Fulton Moll , impoo;t> upon allodium ond po!lting uor-vo oporatlona, 1o5s of circuWion to buaineues and visual impedt u.aciated with an ... vated atrvdure in dose pro:~Cirnty to tt... m.in atadUn entry. There 1n1 no techM* atudlu, substantiel evidence or discussion (e.g. shadow an~sit , cah for Gl'llt'fiti ramoval, urban Page 20-97 California High-Speed Train Prqject EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from local Agencies Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued l010-5 L01 0~ l010-7 City of Fresno Draft EIRJEI S Convnents HST Fres no to Bakentiekt Page7 decay, potential aesthetic tmpa~. division of an e xi sting neighborhood} ta substentiate the c.onclJslon that an overpau wo uld reduce Impacts, compared to an underpass optJon • Why does the consultant beWeve lhat split phasing v.oufd be appropriate as a mitigation manure for intersection -46 (Fresno and Divisadero)? This would seem to a-ate a kJng cycle length and poor and ooacceptabk! LOS operations. Other options ahould be considered a& In reality this would lend to 'M)rsen , rather tn.n improve LOS at 1hls location. The City requests further evakJa1ion and revising of this mitigPon measuf'll to an optfon th1t does not invotve split phasing of this intersectton due to operational concerns. • lntertectiotll t63 (H and Oivisadero) is being proposed for extensive ~g (i.e . ~le rights, duel fefts , ek::.) This mitigation measure may r.t the CEQA definition of feasib~, hoMvw doea not consider potential significant inpacts {dMding an exitling community, or create inconsistency with the City's Bicycle , Pedestrian and Trail's Master PLtn). Therefore, The City recommend• the Authority evaluate a roundabout at 'Itt II tot~~tion to provide adequ.te LOS >Mthout lht sign ifica nt amount of RfiN acquisition llttlich ~u&d be necesury to impatment the consuffanr s recommended •improvements•. SECTION 3 &· PI/BUC UDUT!!iS ANO ENfRGY The City notes that Section 3.6 attempts to de5crbe the po1entlal Impacts and mitigMion measu~s for public utilfties and •netgy. The Cfty has several comments on f1e Dfaft EIRIEIS pertalnhg to lhe City s~r and water systems: • The location• and sizes of major se'Nir tries thould be •ntif•d that croas the study area. Areas of specific concern are at Kern Sl AJignment, Church Ave crossing, JenHn Ave . cro11ing , end North Ave . crouing , plus Mo private sewar mains at the Chun::h Avenue craning . • In order to avo~ sanitary sewer overtloM and protect public hea•h. theretJij seek~ to mitiga .. potemial impacts of the HST pro;tct, it is usential for the City~ be eble to adequatety cUn and maintain the seMr coledion system To facilitate those maintanai\Ce! efforts there must be ready access to the system as foloM: o Any change in direction of the sev.er eollction system must occur at a manhote to alaw acce11 to each 1111ch ror inspection and deaning. o Any new ltMr caledion system rNnhole or structure instahd '#tith the projed must t». located to allow ready access by City of Fresno Collection System Ueintanant.e crews, equipment, and vehicles. Acceas must alow for the proper, safe, and efficient orientation of equipment and vehic:tes . This includes acquiring any necessary right-of-ways or easemems. o The cons1Nction of eny new struC1uf'8S anocia\ed -Mth the project ,.,,t not mpac:;t ready •~u to existilg sewer colection syatem manholes or other se,..r coledton system structures by City of Fresno Caledion Sysiem Maintenance crews, ~qu ipment, and vehides. Access must alow for lhe proper, safe, and efficient orientation of equipment and vehides , This indudn acqutmg ony nocessart righk>~ or oasomonts. Arf'l p<oposed bypou wring construction of new mains would be subject &o the requirwnents of the City of Fresno. • The HST projed hea t he potent* to both irnp.ld the integrity of the existing m~ins and thus i~ct pubtic health and safety, as 'MI as to restrict the City's futunt gro'WU'I throuvh construction of the HST corridor v.hich coiJid prec:lucM the insklllaion of new CALIFORNIA .,~~,:::..~ • • • {• Federal R~l llo~d H~gh·Speed Ratl Authority Adminostrouo n l010.a l010-9 City of fresno Drwft EIRIEIS CorT"VNnts HST Fmsno to BakersOeki' Pogo8 mains across the HST nght..oJ.way. Therefore v.e bdew. the lolowing mitigatiOn v.ou~ be appropriate for pubic utlti1:1 : o AI existing and Master Planned setMr, Wlter, and recyded wa11r facilities crossing the existing Waets and future HST tradl:s shell be rtquirl!d to have Heel casings. My retocation or abandonment of exis1l.na 'Ae4er and/or stw.r lfles shall be required to mtirUin MMcl to 11 ~R:els. Repllearrwd lines must be constructed to City of Fresno Standards. Alia , alexisting wtves, manholes, and any ather above ground appurtenances shal be retacated outside of the proposed HSR ROW. HSR sllall provide steel coaings ctossing lhe alignment of tho HSR for Mure recydod Mter lines. $E:CDON ),1; KYJ)R()I,OGY ANI) WAJER RESO\IRCfS The City of Fresno WateJ Ofvision M:s ~viewed the Calibmie Htgh SPMd Train Environmental Impact Repart/Environmentellmpect Statement. Fresno 1o Bakerlfield Mgmenl Based upon lho City's r.viewoftl>e OEIRIEIS, the p<opoaed project has lhe potontial to greolly impac:i the ope,..tion of the ctty of Fresno \Wier aystem Hovcwr, '-Mth appropriate mihgat.ton measure those impacts could be reGuced ._, .... than significent The City's comments and reeon'lnlanctaaions are as foloM : 1. The HST WH c:ro11 or dltplaollf\rOU9h the rekM:.abon of ro.ac:tM)'S numerous t)UibnQ v.eter m1ins. These mains are eritc.al to tM owral perlonnanc:e of tha ..,..wr 1y1tern •• they are generelty near the UPRR •nd fraewey 99 M(Jnn'w:fttl, Waler ~ tn)III'\QI Of theM alishnf atignrrents are currantty rmted and U\etefore neeciiO be rna)ntM*f 10 ensure. adequate \Wier system distribution east and \Wst of these elgnments. a) Existi'tg ... , mains crotling the propolild HST aUgnmanl thai be rNiinl.ained by rac::cn.structinQ them in steel c.si'lg~ to alow the City of Fresno to maintai'l tt.ae faciliUit from outside tho HST righ1-of'.My . b) Relllted -..ter system appurtenances such and Vltin, blow.<)Ws , ei' reJeasa au.rrblas, ole., shall bo reloc:oled outside tho HST righk>f.. .. y. c) W'here water main crossings '-MH exist outatde the public righl-cf-way, the project an.• provide dediated -..te:r main eauments ta the City for the ongoing opai'Wilion and maintenance of the faciitie s. d) The must City reserv.s its right to iu:twast the lize of existing cto&slngs or propose addiUonal crossings as necesNry to ensure existing 1e .... 1s of vwter service are main6ained. •) Tho City hoa pnovio<l.,. pn>Yidoclto tho Authority with • bt of Dialing water,..,. tho1 will bo impacted by tho p<oposod HST olign.-.nl. H shcUd bo nolod 11\ol thi& ill is bosed upon o cursory tevel review and tt\81 ahr ••r main crouings INIY be identiled as the project progrwues . 2. Due to ongoing plonnod ,..tor sya1om copilll improw..-1 projects ond onticip.tod futunt 9fO'o"h within tho City of Frwano 2025 Fresno General Pion boundary, the Wotor OMoion will require the 1nst. .. tion of steel casings to acconYnOdete. future Mter rnetns to be constructed Page 20-98 California High -Speed Train Prqject EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued l010 -101 LOt0-11 L0 10 -131 LOt0-14 City or Fruno Draft EIRIEIS Corrments HST Fre sno to Bakers~ Poge9 after compkltion of the HST . As~ project progr.ssas, it il pouib~ that addibonal locations may be identified and shal be induded in tie HST projed 3. Tho City of Fruno, Oeponmont of Public Utilities , Woter Division Jnl ontly operates Wd Site No. 1621oeated at 20SJ1 E. Muscat Ave . Based upon the proposed HST dgnmenl, this 'Mil de vAt be displaced and '1M no bnger be able to operate. This wl r.autt in a signiftcant reduction In v.atar to ,he system 1'1 the area , induding 1vaitable 'Miler CUITenlty being used for homes and businesses, 11 well as m11intaining adequate fira.fighting p,..nurts. Current production Uta indicate that this well was constructed in March, 1995 and is capebtl of producing 11500 GPM. Due to the proposed removal of this ...wll site , the Water Division requires that the v.el site be replaced tMth a new wei de(s) capable ofproduci1g a minimum of 1,500 GPM. Wei sites sh•l be or a 1ize and at a location acuptabte to the Director of Public Utitil:a or his deaignee. The HST Authority sl\all be responsible tor fuly mitigatmg this impact, induding acquisition of tepllcement ~II site(s), conl1ructton of the wel(s) (including 1est hdes, monitoring 'Mil, Mlhead treatment. site tmprovements , equipment structures, d~c:harge plumbing , utilities end ancil tuy equipment) and payment of any costs and fees required for connection and restofRon of bst Mler service.. lns&alation of the reptacement ..wl de(s) as outlined shoufd restor11 water services to e.Ustinglewls end resutt in mitigation of the impad caused by HSR. 4 . The Water Oivision is presently designing a 24--inc:h Mler ma1n that 'Mil oriok\a1e in Welt Fresno at the intersection of N. Hughes Ave/IN. Dive Ave and terminate in downtoW\ Fresno at lhe Wate r OMalon's proposed 3MG Water S'orage Facility located at 401 H S1 (See thlo anached exhi>rt) The project de&ign is currenUy at the 60% stage. Existing de&ign documentl for the 24-inch ..wter ~Min thaw the man crossing the praposed HST atignment lit Mono St bet-Men G St and H St. This cmss1ng WI require a minimum 36--inch s leet casing withtn the proposed HST righl-<11-w.y. Additionally, the 24-inch mairl il cumontly proposod in the G St alignment paiWMng the proposed Fresno Train Station altern.ttive at G StiTueara St Due to lhe limited information prov;ded reganing the Train Station footprint and potential impacts to the G St. right-of-way, fur1her informlltiDn is requested by the Water OMston to ensure the tent possible impacts to the detlgn, construction , and opera1ion of tha proposed 24-iACh water main. At .,is point in time, the Water OM•ion estimates that construction of the 24-inch v...termaln \111111 precede construction of the HST. 5. Cue \o the 1lgnlneant number of potential water ayatem impacts rejated to the proposed HST project, the Water Oivilion requests the opportuni!y to co"'*te the design ot "Mter flldity i~rovernents by utiity or reimbursement ag~ement. Should the design of Mter facility irr.,rovwm.nta be c:o•ted under the HST praject, all destgn documents shoal be subject lo approval by the City of Fresno Director of Public UtilrMs or his designee. 6 . Appendix 3 6-8 Technal Memorandum: Water Usage Ana~is for CHST Fresno to Bakersfield S.etion, Pg. 3.~ kten1ifies an adju.sted 'Mter usage fadar for the HMF as 30 ga.,ns per ampklyea per dw:f This method of de\Mioping a .,_._r usage fador for the HMF seema Inappropriate W'lan the llrgest percentage of Mk!lr tha1 WI be consumed at that facility i5 bllsed upon the number of train cars maintained by the lac:My. The City recommends that the water d•mand arwlysis consist of factors based upon the industrial use of Mter ratner than • per capita approlch, CALIFORNIA 0 ~~.!::~":! • • Fl!de~l R3III03d H1gh-Speed Ra1l Authority Admo ntstrQtoOn l010-15 LOI 0-16 City or Fresno Drift EIRIEI$ Convnents HST Fresno to Bakersfiekj Pogo10 7 . The DEIR Sodion 3 .&-10 states lhot tho HIAF site wil conned lo tho muniq>el-tor supply 'AN~re possible and practicable. tf the HMF Fresno Wocts alternative ta selected and • obYin water 1erlice from the City, the fotlowing provisions must be sali1led:. The HST pto;ec:t shill aubmlt an llpplcdon to lhe Freeno COWity LKat Agenqo Formation Com"'is:sion snkinv ~«iul1ion to upand Frnno's v.aW aer.tice boun•"-• end provide w.ter nrvice to lle frnno Worb site. The HUF Fruno Wodcl Alirmaltve property il not Uy lo~d ¥liNn the aty of Ftnno"s 2025 Genenl Pt.n boundlwy and .,.. not inoiJded r. the 2008 Fr"no Urben Waler M~t PW!. Thcrebe, no v..t.r elocrion \WS identified for this porion of h lb. The HST projMt Mal proyJde an 1nr~~aJ w.ter us9 anatysil Wid proWte h ~ of Fl'ftno ~ a aupply of wtt.f e..Walent to llw demand, The: fiST projact st.• submit MW systam improvement p&an. Mowing lha ~n of .. m• extenslorw end 11 krlgdon, ••. and dofMdc w.1er U:Mcea to be proom.d by lfla Cly of Frnno. lnctule on 1tte p&.na dle luc.aion of .. tecalud prK&UII bect•w prevenlon de't1ica5 fttr .. leNicu (Me City Stlln.,_ fOf Ke:eptabll tuc. .. OM), h'/ propoaed aty ...... maiM WI be tooped; dead end 'Mter maN ~ not be ~oMd . • Payment of h standard impect and conndon r.ea for tn. fec.Mv. S.ll and lbandon exilijng otl-4ite well(•) ;, com~ wlh the SWD of c•tonW Wd S..dardl, Buletin 74~10 or eunent r....WOM IMued by Calfornle Dep;al1rnlnt of Weetr Re&ourcea and City or Fre.no atanct.nM . • K tt.e 1-t.tF Fresno Worts ~ ts .. c:ted and ,. obtMI .. Wlllw supply hough tha dcvt'topment PI w~r .,...., the Cty of ffesno, Department of Put:k Utltiea, W1t.r OiYiakJn recommc,_ fwt "'• HST ptoj.cf: identify •oundwoatar mllgetion PMMU"n lo olflfl Ita grou~ •r .. nd lhrough the m,tementMion ot W.W re~, ,."''· .net equifer reeh•ge. The mlioelion thtl hwe • net Hro lmpKt on groundwner rMOut"CM. SECTION l 11 SAI'ID AND SEC\!!!TY The D..tt EIRIEIS inca.dos Toblo 3.11-3 concerning Fn Deponments ond Equipment The City has noted Items m th is taR* that need to be c:orTKtad: S.Niee-: City of Fresno and ..t;acent fr.sno County araas under contract Vllith the Narl\ Canlfal FA Protection Oistricl: and Ffgarden F.re Pro1ecUon Obtrict. l!qulprnont: 19 •nones 5 a.tder lrucks with at ... st 85 fwat rwach 1 USAR (urban search ond rescue) oppotolus 2 ..... landers 2 t\azmat apparatus 2 brusll rigs IO< vogela1ion ftru Hazmat decontaminaion nler Ught and air unit Page 20-99 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L010 (Mark Scott, City of Fresno, October 13, 2011)-Continued lOl0-16 L0 10 ·17 Cily of Fresno Draft EfRIEIS ConvMnts HST fresno to Bakersfield Poge 11 For T•bte 3-114, this ana~aia is not accurate, bU1 can be rectifted by the 1ddition of lhe folovMg "fOn'Tlation : The Cloaeat Are Station cotumn needa the following c:f\angu for the "Fresno Wortcs.frasno•ine : 1.25 mihu Fresno Caunty Fire Proter;t;on Di5trict, Battdon 17, Station 89, E .. 1on The Closeat Hospital column needs folo'Wing c:Nnges for the •fresno Wortcs- Fresno•Jine : 7.2 milea, Communly Regional MecHe.! C.nter. Fruno In Section 3,11 ,,, thta analy&ls Ia not accurate, but c.an be reclified by the addition of the folloiMng infonn.t:ion: • Oefete last sentence: ·•)OAt el.,. ,.,. Cllfllllll•tAit t1:a • ''" Stt• ••nw• ......... .. and replace ....Uh the foloVt'lng:..:1he Fresno •ltd B#ttSI"JOid Fn De~nwmts .,. c.rlt"~ u a Typtt 1 Heavy Rescue and RegioTNI Responn Foreds with s~ed l'ltlcutl aquipment and contracted lcc&S to additi:mal equipment, wch l.t ;,du$1rla/ Clllne, as n•fKied • Add the folo\Wlg language: T1HI City of Fresno does not have an auromatic 1id •fi'•IH7Ionl wifll file Fresno County Fin> Prt>toclion Di:stnct. DMNory of •n Elloctive Roaponso N>rce (EFR) within tho limo hme• ptucril>ed in NFPA f710 (22·25 fire 6g/ltera within 8 minutes) to • propo•od Froono He•vy Mainlon•nc<> F•cilily south of Fresno wit not be poslible until :such an instant aid llf1"HH"&nt can be ;,plem«rted. Addi!ionol/y. Fte;rno County Fife Of1ly hos one truck company and NFPA 1110 spe<if•s 1 minimum ollwo truck COtnJMnier to ccmpriu an ERF. SECUQN 3.12 ; SOC!Q£CQNO!o!!CS COM!IUNIJ)ES AND ENVIRONMENTAL JUSTICE In Section 3.12.4.1, Regional Population Charaderi&tic.5, this section references the 2000 US Census. The 2010 US Census is nowavai'-ble and shouk:t be used to updeie this entire section. Projected popui&Hon grov.1:h may be lo'Mtr than e1timated, ~ich "M>Uld further subl't8ntiate project impact1 . In Sedion l .12.-t , figure 3 12-2 Minority Group Representation , !his figure needs to be upda1ed to lndude US Cen1u1 2010 data. Failure to un the proper data could resutl in il failure to Kklntity a potentially signifant im~c;t. In the HST Stuctt Area Housilg Setting, City of Fresno , this dilcussion of ho~ing ct'taraderistCs in the CentrM, Edison end Roonvel Oistrids should be revised to incbie US Census 2010 data. Fake to use the poper data could re1utt in a failur. to idlnffy a po~tiely significant imped. Under Economic Selting and Environmental J ustice, U'le&e MCiions should be revi5ed to include 2010 unomptoyment dMa, and US Census2010 date. Failure to use the proper data coukl resu• in a fatlure to idenlify a potentialy signifunt ifTl)act. Concerning Poverdo House as a \Wmen'a shelter. the City wishes to note that PovereNo House serves three meals a day, 365 days • year, to an~one in need; offers free medical and dental care through the Holy Cross Cl inic; provides showefs and l1undry CALIFORNIA 9 ~~~.a~~~ • • , {• F eclerat R.allroH Htgh-Speed Rat! Authonty Admmostrotton l010.21 l010.22 l010.23 l010.24 City of F111sno Croft EIRIEIS Comments HST fresno to Bahrsflekf Page 12 services to the homeless; urves as ada~ shelter and ufe h1ven tor people on the streeta , hou"a a 28-bed restdential alcohol and drug rehabilitation program, and a five. bed transitional home; distribute• free clothing; provide& recreation, mail service, t.-.nsportation, and, in 2004, opened the V Illage or Hope, a temporary overnigh1 shelter for homeless people who w.nt an alternative to the streeta.. The City etso has concems reaarding lhe sutriciency of anatysis as.socialed 'IIIith the signifteant ~d of lhe projed on lh• human and pllysi<* •nvi,.,..,.nl, Including the need fo< a co~hensive economic ana.,._ia of the project' a i ~ ea walas the signifant impacts on di&ptaced, t'81ocated or dosed businesses. At a Spedel Meeting conductad on October 13, 2011. the F,.sno Cily Council8doplod a motion finding lhot tho DEIRJEISs are log•~ inadequate as CUrTenfy drafted. AI • preliminary matter, the OEIR notes the •econom5c and social changes resulting from a project shall nol be traaied aa sVnifjcant effec:tl on the environment• Ho\Wvet, an EIR may b".ce a chain of caUie •nd effect from a propos.cl decision on 1 project thi'Uugh arCicipated economic or aocial changes resulting from the projed to phyaical changes caused in tum by the economic or social changes. The intermadia .. economic or social changes need not be anatyzed in any detai greater than necasury to tnlca the dtain of cause and effect The foWl of the analysis must be on the physical changes, and therw mud be subtt.ntial evidence of those physfc81 changes. In this regard, economic or sodal effects of a project maybe used to detennlne1he sign*icance of physical d!anges .. uud by the p10joct. Hoi,., lie construction of HSR dMdos th• ollio4ing Cily co~. cno810ng • pllyslcol change, but the social and economic effect on the comnunity would be 1 ~s.s for detenrining that the ef'fed ..wold be significant Where an EIR u1e1 economic or SOOII effed$ to detemtfnt that a physical change is significant, the EIR is r8quired to explain the reason for det.rmin1ng that the •ll•ct is signilicMI. FU<thet. economoc:. sooal. end~ hOuS"'SS t-rs shol be considered together Wth technologU. •net envnnmental f.ctors in dtdcing VI!Mthtr changes in • projed •e feasible to reduce or IW)d theliONfieaM •f'lec::u on the •n'ltfOnment ident"lfted in 1he EIR. The EfR &houtd contain lnfonnation on lheH f•clors, end ahould be supported by subotonliol•vidonce lo support lt!e onotyoi&. (Soo CEQA Guidelines §15131 .) Whde CEOA doe.s. nol ,.qu.,. tedwMc.al perfechon In an EIR, it doas ..-quire adequacy, comj>loiOneos. 1!!!1 •IOOCI.§ol!!! rflo!l II ful ditclofm (CEQA GIMdllllnoo §150039(ij .) Here , the C ity Ms concerns regarding the •uffic:iency of ena~is•nd the adequ•cy of rMigation me1aures inc:llcing the fo~wing issYas : 1. CoDJJI!t! •Conido( AMytit For the Ci'Y of Frttno: The City of Fresno Mrves as • JUncture for the Fresno to Bakersfield HST Section •nd the Merced to frwsno HST Section. A droft EISIEIR hos bo•n pno-dfor ood! ollh• S•ctions, botll of which •n•lyzo lightly ovort11pping portions of the HST corridor lhrough Ill• City. but not ell of M. -ver, lho City io not physicaMy dMded into tM sections, noc is the c:ornm.rcill and tndullrilll bu&ine,. community along the HST cO<ridor, ond the City is •lingle jurisdiction ...,.,.in property end ulos IIIX81..., 8pplied throughoYI lh• comn•~nity. As • prodical molter, the splft .,.lysio used by the draft BSIEIRs has the etrect of asseuing on~ • divtded pottion of tha cDrTN'h.lnity, including tne ugnrficant number commerclel and indusarill business commun~ toealed elong the HST conidor, Mak:h artiftcialy ,.duces the signibnce of i"""ecll and t'8sults in .. , ... Page 2Q-100 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from local Agencies Submission L01 0 (Mark Scott City of Fresno, October 13, 2011) -Continued LOt0-24 LOt0-25 City of F,.sno Dnlft EIRIEIS Corrmento HST Fresno to Bakersfie~ Page 13 effective mit;t;J•tion measures. For example , the total number of displaced COI'T'I"'ercial and tnduatrial bu1ineaus 'Nithln the City i1 not anessed by either EISfEIR Further, it 11 difftcult to determine the combined total impact as 1he EISIEIRS for Merced to Fresno HST Section breaks down the number of dis'*'cedlrefocated businesses for other jurisdictions -but does not appew to PfOVide the 1ame information for lle City of Fresno . This inform~tion rfight be capable of being derived by reviewing the detlli~ of supporting technical studies. but is not readtf available. To ensure the EISIEJRs adequ.te asuss the ful lmpacts of the project. the City recommends section 3.12 of the EISfEIR be updated to tndude a unified and complete analy1is of the of the entire portion of the HST corridor within the j uriMfiction and sphere of inlluenc.e of the City of Fntsno , and to pruent the ll.lmmary of those findings lll1d analy131n a clear and readitt aneasabte manner. 2. Econorrjc Anttftjs: The economic .-alysil, induding property end sales tax, is not comprehensive and appe.ar:s inco,....,..te. This seems to be • systerric issue Wlh Section 3.12. For example, the drafl EISIEIR does not quanti)' klas of value of property edjec:ent to 1he project. Ewn YAthout thia dele the dr11ft EISIEIR stl purports to utimllle a total toss of tax rewnue -besed on 2009 tex dlta averaged across multipR counties . v.ttich olsets 1he lou of higher vatue property tMth btwr YM!e property in otler regions. In addition, HSR properties Y~~Cu6d also be pennanentt,o removed from the tax rob HoMver, the ctaft EISIEIR does not appear to state the amount of irnplld:, but does aHert the ~cts y.,ould ew:nlu•ly be offset by a muhkounty aver~~ge 3% inctease in J)OpUla lion almost a quarter c:enb.lry from now. No rritiption it provided for the intervening period, nor are the funds •djusled to reled thltirr.- valua of mone'j'. An incraaae in property vaklei may be as.sociated in the are• around the station, but bolh EIS/EIRs appear to use this to offs.et lou of property vakles for their uction, effectively counting tho inc.rease in vMJe twa. This 'M)U~ be resoWed by a singte enatysis for the entint HST corridor in the City. The EISIEIR atso ac:knov.tedgu that some businesses 'llil close as a resuh: of the projeQ anci'of contemplates retocation of projects out of the City's jurisdiction by up to 50 mUes , but neither ~;~~k:ulations •• to the number or these businesses closurea are pmvided (including the effect of requiring • retocate.d busineu or ho~!M'ler to irrmediatety pay off a security interest or mortgage on • property that il "upside dO'flllll'l• resulting in a number of oper~~tiona being driven out of business or being able to obtain crw:dit to secure equtva6ent commercielapace or housing), nor are estimates n to the impac:t h woukt have on the City' a property aRd seles tex rwvenue. Lost ..-..ges and revenues due lO dosure, disp~ment or rekJe~tion , incbiing impacts on the environment, should alao be assessed. TheM SOft& of general estimetes do nat adequetely aneu projec~vel impKts, and 11 • re1utt, the City l s unable to d.termine whether there WI be funding aveilabte for public foc~ij"'· lnlrostruc1ur11 . seM:os and oilier-· 1o oddreso1he lmpaciS cousod by lite project Of W lite draft EISIEIR lrlllloisis io odequatoly addreosoo theM iosuos. Tho City r11corrvnondo 1 c:ompr&henaive, proj ect-Mwl, economic a~is that asseues al tM ecanomic impacts from tho pn>jecl within tho jurisdiction of tho City and its sphefl! of inftlenco, inctlding bolh irmwdiote. irltermociote end long term impoch. im:lJcling lrrvoclo on soles lox lrld ptOporty lox revenues lo the City, and uses tha most OJR'ent .00. vpdatad data availabM . MitigMion measure' to reduce these ~eta to .. u ttvn •ignlicant, and ensure lhe City remaN \Ai'tole to providl adequata funding for oper.UOn and main\enance of public tadUtJes and service&, rrust also be included . 3 . Urt?.!n Otay Anatvsis : In conjunction wtth the econorric 1nalysls illues, the draft EISIEJR does not appear to assess the physical deterioration lmpads caused by CALIFORNIA 1.l ~~~"'~:=a":: • ~-Fl!dor-.1 R•Uro:>d High·Speed Ra1l Authority Admln111no1ton l01D-2fi l010·27 LOto-2e City of Fro•no Or.n EIRIEIS Comment> HST Fruno 1o Bakersfw:ki Pogo 14 displacement, rebcation or dostn of businesses. LkeWise, the ana.,sis abo doat nat assess thelmpoct of tho projeclolong the ·~ HST corridor within !he City of Fr01no, tllereby reducing 1ignlftcance or impacts. To en1uN wtnclency of the EISIEIR , the City recorrmenda •natysls to Include phystc.l clwlQes to the environment caused by the dosure, dls.placement or retocalion or businesus fer the entire HST con1dor vAthin the juris*'tion •nd sphere of inbnce of lhe City of FA!Isno, 4. MeM\odotogy for E!;tjmttjng lrnDicts: The nunUr of disptaced buainesses and employees appear to be based on ntim1te1 derived from aerial photographs , concepti .. englneenng plans ,~· and right-of.-y deUI showing potentil1 P«<<iollemotives. If tllil is the extent of the lnfonn8tion, 8nd the 1ne~is ia b8sed on auth estimates, then the EJSIEIR don not Miequately au.e" c..ment baulne condllions end project impacta requW.d tor a projl:d-le~ anat(sis. Actual, specific and r~~ason~ avelleble dlta iJ the JUperior ahmative as c:omparHto estmatas derived fmm photographs and planned uses. To en•ure sufficiency of IIIII projecl-lo""l EIS/E1R . tile Cily rec:onwMndo oithor field viols or -cl com....nic:otion""" oil businesses onlicipobtd to be disploced or rwlocoted by 111e pn>jec11o detomno spoclllc: deto including Q !he octwol typo of bu-n being oporoled; lij tho-olemployoos OC1Ualfy employed: ii) the nature end type of entitt.ment (conditional use pennc., de.), 4 any, eilo.ng for operation Dflhe bushtu in the zoned distric:i ; and tv) any enributes of the buslne:u v.ttch may timit orrenicl: ita options \Mth regard to re6ocation (e .g,, 1 nHdfordir.ct access to a froight rol spur, opeciol equipment ,.quiring 1 btlting of unusuol hoigh1 or longtll, motoriolo requirin9 spec._! infraltn.lctura 01 na.,.nt, slos or speciafiz:ed storave t.c:Nties, fafvwyardsto acconmodate huvv equipment pantiftg Mld rn.nau....rirlg, ate.). 5 lnfrntructn Analysis : tn aueuino Ntocation , the draft EISIBR revWMd the avalleblty of commertial, f1!1tail and ollee spa:e buildings , at w.lat commen::illlnd induslrill businaSHI, These numbe!' appear to be beled on v.:.ncy rns in the .same zip code tMth the NAICS codes of tho buoinessoa being .. -d shononod to oniV twa digits ond then group~~d i1to aldarfundionaf r.quinlments. HO'illlflver, the NAteS numbering system emptoyt soc-dig~ codo ., 1ho most delailod indullry lo\114, with 1ho --dlgll designo~ng tho largool busioeoa ... c~or. tho lhird digH deoigr111ing 1ho wbHclor, tho fourtll digit dosigno~ng tho irldustry group. end the fifth digH deslgnllling panlcullr lnduslrios. By reducing tho NAJCS codes UJ orly two digits, ontJ' very gan.ral categories or busine11es .,. ane~ed, such as 'retaitrado". rolher then tho fiJI flw digll design Ilion within tho "'1oi 1nlde CIIOIIOIY ""'ich contairis o "'de wriety of UHIIrom osupormortet (445110). CO"'f'Uierotono (443120) end outomo""' pons (441310). All ,.suit. reducing the NAJCS codeato only two digiloto onol'fU Vlcan<:y rata .vaiJability does no! addraul/lt\ether the,. .,. actua,. vac.~ncies tor lhe particular type of businou uH being dioplocod. Tho City r.co"'"""'ds lddllioflot onol'fsil-uoing tho co~ ab!4gil NAJCS -r code -ID delormino W oelocolion io octuolly -i>lo including Q 'OMthor tho r.localion bt.ildings 111"" compatilllo infnoowclln to ·-fa< lhe roloc:IIOd bulinosoto phpalty continuo to ope role (101 .,.,.,.,.,... -ed in tho ilom obow); o) -thortno rotoc:olion building• olow for the Arne '-'d uae consistent ...Wh the Crtya zoning ordinenc.t, 2025 Generef PIM, lind opplico,. community end spoc:ific pions; IIi) tho •-YioOii1y of opoming in tho relocalioo ""'":end iv) -tho number o1...-n bolldings compll' >Mih currot\l&oloty end entilternent r.quirements necessary to coi'IYI"'ence reloeiMon in ltet l1r'uc:turw (i.a., si.._ll, finl sprinklers per current requirements , speeiel ._.r ·~or Hwel'llv-rwquirementa for cartaW, uses, etc.). Page 20-101 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from local Agencies Submission L010 (Mark Scott, City of Fresno, October 13, 2011)-Continued L01Q-30 l010·31 Ci1y or fresno Dr2ft EIR /EtS ConYnonts HST frll&no to Bakersfiekj Page 15 8 Economte SettrngtEmplovmenl Data: Employment data for the City of Fresno references 2000 and 2002 data. The draft EIS/EtR also notes a c t>.ange in economic oondi\iona since that time resu-.;ng tn the current economic do'Mltum. Updated dlt., if availlble, should be used to ensure an acc:ut11te base""• for anafysis of project mpt!Cis. The fropoud Mltf•tton is fnad!gu!te- ln Midition the City's c:oncems regarding the adequacy of the economic anetysis contained in the EIRIEIS 's associated with the displacement of busnessea .net economic impacts, the City has concerns thilt the measures proposed to mitigetion these impacts are lnadoquolo. In oddolon to otaling lhollhe Lead Agency wllully COfTClly 'Ailh lhe requln!menls set forth in the Uniform Rellltion Assistance and Real Property Acquisition Policies Ad (-42 U.S.C . Cllopter61) \URARPAA') and lhe Calilorrio Relocollon AsslsiAinceAct (Go...,menl Code, section 7260 elsaq.) \CRAA') see MFEIR, pp . 3 .12-5~.12~0. lhe EIRs contain lhe foUo'Mng mitigation measure : so.a.nM2: Develop a reloc.tion mitigation pian Before any acquisitions occur. coordiutte 'Ailh af'feded communities and counties to develop a rek>cation mitigation and enhancement plan that will (1) all3nge for meetings~ aft'eded property and bU!Ineues oiM'lers and tenants to prov;de counselng and assistance tn epptying for funding, induding reHarch to sunvn.rize bans, grants, and federal aid avalable, and research of demographialty similar areas; Md (2) collbonrte \Meh affected cornmumtie.s to dlwlop enhancements end eddreu Indirect socWI and psychologiCIII impacts on communities. Provide housing of .. It resort I required. This mitigation rne.esure faits to meet the minimum ~lrements for such mitig8tlon and constitutes deferral ol mitigation, This mltioation measur. defers to the future the devetopmen1 of 1 program to provtde lnfotm~fon and acMce to lndMdua4s and busilasses that!MI be dispiiiCed by tle HSR. Furthennora , ttlis miOgaUon measuru does nol contain any speciftc performance measurea. As auch, it il inadequate.. Compllonce ¥1i1h tho 'URARPAA' and "CRAA' 'AiH also not servo to filly mi1igotelhe Impacts to individuals, bu1ineues and co~nitiea in ¥which thoselndividuats and busilestes are loa1ed.. Th~ ~ for the foNowing reasons: 1. The URARPAA ond CRAA ploce unroe~sllc cops on tho omounl of money lhe Authority witl pii"J to compensate ditp'-aced buainesses that relocete. One example of an unr,.lisllc cap is tho cap or $10,000.00 that lhe URARPAA and CRAA wiU compensolo dispillced buline11e• for ~achl•l reasonable expenses necesSIIry to reestablsh a di1ptaced fann, nonprofit organization, or amal business at Its new ue: (See URARPM, section 4622(o)(4), CRAA, section 72e2(a)(4), Aj>pendbc 3.1241 10 EIF!/EJS , sedion entitled 'Reostalllishmenl Expenses') $10,000.00 is unrooblicolly lowboCO<Jse of the possibilily lhot businesses and/or non-proftt organizations mav need to obWin special permits or other devetopment antillements from the City of Fresno (e .g. conditional usa petmil:, site pt.n, variance, rezone , ptan emendment) In order to la'Multy operata on another part:el Nthin the City of Fresno. The carts associated ..Uti obtaining these spec~ pell'Dits Mother enlihi'TWnts can easily far exceed the $10,000.00 cap, especlaly if significant enWonmenlll reviewpunuant to CALIFORNIA 0 ~~,~~'7C: • • • F-ral R>llro>d Htgh·Speed Ra1l Authonty Admonosll'otoon l01o-31 l010-32 L010-33 City of Fresno Ord EIRIElS Corrments HST Fresno to Bakersfiekt Page 16 CEQA as ,..q1Jtred. Attached tothtse comments ls a copy of the portion of the City's. Master Fee Schedute that sets rorth the costs aasocilited ~ procenlnQ VlrioUI Special Permits and other entiMements. for your ,.view and consideration. As auch, the nature and a~nent of the col'f1l'ens.tion av.ilab• to cisplac:ed individuels, buainesaes and non-profits necdllo be reevllluated and increased as necessery to amounts that >MI tuft eompensMe for aft ·~•I costs associated >Mth the displeeement or relocation. 2 Neither the URARPAA , CRM or SO-MM t2 addreu the potenti.a adven~e Impacts on f'le communities in ~ich businanes and noR-i)I'OfitS to be dilp&eced operate If the businaas or n~fh chooses either to shut~wn ~nnanamty or rebcate to 1 location outside lha jurisdiction Vtnere the business or non-profit w.s origlna~ k:N:aled once l1e Authority tllkes the prope11y on l!otoich they operalo. Accon:tin~ 10 lho F!olctllllon Allislance Progrom Brochures, AppendiK 3.12-A, the Authority could Ktualllj facilta .. businestat reloc.ting IVII"J from lhe Ci1y ol F,.sno 11 ~.oil compensalo o displllced bulinell or non-pofots lor lho coS11 of moving Wthin 50 miles or hi businen or non-profit' a OJtnnt location. The potantiM for loaf sales tax and property tax re~nu.s to tM City of Fre1no, aa VAlli the corre.ndtng job tenses , resulting trom busines.ses tha4 shukloVtn eompletefv ar choole to relocate outside of the City of Fresno constllutos 1 potonliol-rse economic n.>oct Specificoly, ~could result ac!Yerse economic and physicol ~ 111 lhe lonn ol url>an det8Y, as not ont,o wllhe City be deoling ¥1i1h 1tying lo maill3in tho areas outaide lhe HSR righl-o,__ lhel now loy vacanl because of tfw dislocated businesses and nan-profits , bu1 it also faces • tignificant reduc:lion in tax rewnua thai v.ould ohrwise be avalable in its geMn~l fUnd to pay for the cost of maintaining these at~~aaao •• to avoid the Incidences of utbln decay, inducing graffiti, V11nda~sm ond ilegal dumping Both the URARPM .nd CRM ltMI "'at the int.nt of 1he• Acts is to minimize the ldVIrH impKt of disp~Keme.nt v.ftich it eSMntill k) .,..intliFiing the teonorrjc and soW wtl bcjng olcgfTVT!!I!!I~os (Seo, URARPAA, Hcllon 4621(1)(4) ond CRAA, Hclion nso.S(o)(4),) Ho"tWYer, 11 discuned above, ., th• context of this project sbid ectwr.nc. to the milimum cri1er111eslllblished by URARPAA and CRAA wl not odoquotoly minimlzo tile odwrso impocl& to the City of Fresno due to displacement To provide fUrther asswances that the City of Fresno, as • canvnunity, WI be held harmless by the disloc.elions ntsutllng from this projed, Mitigation Me .. ura So..MMf2 muat be s~nir~ean1ty modtned to Wldode as • performance m~~a1Uf8 , the .. tabttlhmentaa a primllry golf of the nttoe~~tion pl'1lgram to mirAmize as much as conceivably ponibt. the actual shutting do"M'' or businesses anc:Uor non-pofits, and ensuring that u cloae \0 100% of the diapt.ced buslnastes and non-profils in the City of Fresno that ~ dilp'-ced 1re reloca .. d to suitable Mld economiallty •~ loations wilhin the City or Frano. To ens~.n th•aucceu or1hia goal, the Au1horily should strongly enCOUI'liQO tho 5-legilloltn lo odopt YOriousllnoncitl incenliv .. for disloc.tad businesses to ~ocat• Wlhin tha uma jurisdiction their buaineUel Mre originaly localod. 3. The JWlocation planning, auialance coordination, and adviaory sai'VUs r•quirad by lhe URARPAA ond CRAA doos nol conaliluto -~ miligollon oslfteM Acts,...,. .... Nlo lhot tho Displocm~ Agency , in lllis c111o tho Aulhorily, ,..,,ldewlop o-in.l!ll..l!lltn tllot ensur.s thai cen.io ineonr.tion and services.,. proYided to indMdullls, businessts and non- prof~s 10 bo displooed. (Sao URARPAA, soction 4625(c) end CRAA, sac*on 7261 (c).) However, the measure defers the estabfishment of this proar-m to some unknO'ttllln tin. in &he Page 2o-102 California High-Speed Train Project EIR/EIS Fresno to Bakersfield Section Vol. IV Response to Comments from Local Agencies Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued LOl0-331 LOl0-34 LOl0-35 Ci1y of Fresno Draft EIRIEIS Co!MlOnls HST Fresno ta Bakersfleld Page 17 future, fails 1a ut fortt\ any specific performance measures, and fails to mand.lte lhe neceuary fuldi'lg and dedicat!d personnel for this relocation assistance program. 4. Nothing n the mtUgation proposed ad«*essu the potenttal for i'ldlviduals and busineases experiencing a significant MeiSe in the property tn basis es 1 resuR of having to acquire new property at 1 higher price for purposes of reloceting or haYing 1o construd new buildinga to repllce building~ acquired by the CHSRA This could potentiely resutt in signif.cant klcrenes in the property tax llabitity of individuals and businestes that rekK:.IIIe In summary, ltle Authorily's reliaflce upon ~s compbnce with lhe URARPM, the CRAA •nd propond mitfgation measure SO.MM-12 are tnsufficient 1o adequately mitigalfon lhe signlfC.nt advtirse i'npadl auociated \Mth the project and dis,p&acement of individulls •nd businenes. Accordinolv. the Ci1y or Fresno respectt'uly requests thet mitigation measures subatan1iat,t in the form set forth below be added to the both EIR/EISJ: Mitigation Meaaur. No.1: Prior to the Authority's c.ertircation of the EIRJEIS fCH' the Bakerafield to Fresno Section end the Merced to Fresno Section, the Authority shal enter into an agreement Wth the City of Fresno end other relevant orvanizaion~, u authoriud by URARPM Soc:tion 4632 and CRM Sec:lion n6t.5, including the Economic: Dewlopmonl Corporation serving the County or Fresno . in 'M\ich the Auttlority VIii agree to lhe foMowing : 1. The CHSRA 'd uae its best efforts and chft its policies related to reloc;ation ass istance to minimize •• much as teasibty pouibie the ldu.a closure of dsplaced businesses end non--profits v.ithln the City of Fr11sno and to rnB.lcimize the number of displaced busineues and non-p"'frtsl\at r1loclte to bC~tions >Mthin the City of fresno. 2. The CHSRA 'Mil r1ise the reimbursement caps set forth in the URARPAA end CRAA related to compensa~ng displaced busfiesses and non--profits to amounts 1hat ¥.111 realistically compensate the buainess or non--profit for the actual costs of relocation, iflc:klding thoMt costs enodiited with obteinlng the neceaAry 5pecial pennits, entidementa end building permits to '-o•lv oparate •t 1 new location within the City of Fresno or construct new bulkUngs on Ute original site to replace buiklings that were acqUil'ed by the CHSRA. The specill permit, enlitlement end building permit com would inQuda eny com to construct or instal additional improvements, suches curbs, gutters, sidewalts, required as • condition of appt'OYIII of the special permit, entitlement 01 btti6ding permit. 3. The CHSRA shol esllblsh oloc:al relocation od'lilory osslsllnc:a offic:e(s) wilhtn the City of Fresno 1o essist with displacement issues end m obtaining replacement flcitiea for persons , businesses end ~profits which find th•t it is necus.ry to reloe~te because of the CHSR"'• ocquisilion of rwol proporty. 4. During the period 'liMn any propany is being acquired for the project, and not less lhon o period of5 yoors fnlm the dote of aonificalion ollhe EIRIEIS's, tho Authority wi1 provide .. funding for the Ciy of Fre$00 to hire quelified personnel, es reasonabtv detefminrtd by the City to be neceuery, to expedite the proc.$$ing and •PPf'OVel of any special permit or other entittements neee11ary for a cispiaced or re-bcated business or non-profit to oper.te wthnlho City of F"'sno. CALIFORNIA 0 ~~r::t:.:. • • • {. Fodlr:ot A2ilro:te1 H1gh-Speed Ratl Authonty Admlnlstrot•on LOl0-35 City of Fresno Droll EIRIEIS Convnonts HST Fresno to Bakersfletd Page1e 5 . During tr'le period Wlen any property fc being acquired for the project. and not less than a period of 5 yeAB from the date of certification of the EIRIEISa, tne Authority \MI provfdl 1111 funding forttw City of Fresno to hire qualified personne~ as ruson.Ctt detennined necessary by the City, to expedite the processing of any necess1ry bui~ing penrits (lnc$Jding all necessafY bulding .,spec1iona) tor consttuction of new structun~s or the modification or expansion of existing structures on FW"Qperty for a cispllced or rekleated persons, businn•s or non-profits to alow continued operation and occupancy prior to the displltoement or relocation. 8. The CHSRA >Mil fund City personnel, u reuon..,. determined to be n•cessary by 1he City, to be part or the s .. ff implementing the Reloe~~tion Msistance Pmg,..m for the purpose or exptalning 1o displaced bualneues the steps necessary for the businesses or non. profit 1o reb:ate within the City of Fresno and the City resources evaila~ 10 essist and expedite the retocation pn:~ceu. 7. The CHSRA .,_.closely r:olobora .. with llle City in PfOI>Oring o detailed Relocation Assistance Program thet inc:bMs time frames for irnpMmentltion end specific. performance measures (e.g . business relentian wil1in the boundaries of the City of Fresno) that wil be induded in the Memorandum of Undentanding approved by the Auttorily prior certification of the EIRIEISs. This detailed progl'8m st\d indude ln:ing and resouK:e1 for.,_ gathering of data for each &placed, relocated or Impacted business or non-profits so the City can determine the special permits and anti16ements requAd for tne new kJeation as MH as 1 mecha.nism for utabfishing ~ich busines•• or non-profit& &hould receive priority in processing of enlitllmem andlor apeclel permit a~tions. Thts program shll also specify the nuni:Jer ana spec:ialy or each member of the coordina .. Authority, City, EOC tNm neceatlf)' to COUI\Itl cispl&ced businesses and no"""P''ftts, end flcitttlte end proce11 any applicltlons tor f\nancing, spedal permits , entJiements, n:., for disp6aced or rwtocated butinenes or n~ proflla within the City of Fresno. 8. The CHSRA lhal use its best elons to encourage the Celifom._ State Legisleture •nd Governor to adopt economic 1nd financtel inc8ntMia for displaced butineues to reklcate v.ifhin the juriadictton the busineu Will in prior to displlcement. 9 . The CHSRA shalacquife end p,..ntilee commerdllland indU&trial property 'Nitti in 1he City of Fresno and mete this property aVIillbte to those buaineues 8nd non.pR>fits v.ithin the City of Frwsno that are r.quired to rwkJcate becauae f1e CHSRA hee ecquirad their property requi'ing ,..toca1ion of the bU&iness or non-profit 10. Tho CHSRA .,_. ollollisl\ ond lund on ombudsmon, ond aupportlng a..rr ond fecifttiea as m.t be reuonabtf necessary, 'Mihan offk:e 6oated wthln the City of Fresno and open 10 the pubHc during opanOid business hours and tare period commencing Upol'l approwl of the project untl six mmfts after ral serW::e on ttte HST becomes publiclllty •Yailet*t. The role of ombudsman sMI be to an&\Wr queltions. adti'etl c:.itiun concerns and interests, and inform the pul>lic reganling opecific dollls osooc:iMed with Ill phuac Dillie projec:l , incluclng implemontotion, oonllnK:tion dellils (closures, -rs.lrolfic: implc:ls, ok:.) ond opomonol upeds or Ute HST pn>ject. The onDJdlmen thai ect •• an irMn'Md6ary or laison between the CHSRA ond lhe citizens ond businesses of lhe City of Freono. The ombudsman shohlso be eble to ilvnttgM comp&.ints from the public relating to the HST consWction proce1s end otternptlo resolve lllem, lnc:luding providing rec:ommondoUonslo tile Authorily, ond bt oblo to Page 20-103 California High-S~eed Train Project EIR/EIS Fresno to Bakersfield Section Vol. IV Response to Comments from Local Agencies Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued l010·3S l010 ·36 l010-381 City of Fresno Dr11ft EtRIEIS Comments HST Fres no to BaketcfN!Id Page19 Identify organizational roadblocks running counter to the interests of the impacted community. The ombudsma n shalalso repot1 directty to the project manager re$ponsib~ for the construction of aft aspe cts of the HSR sections that are located \Mthin the City of Fresno or ill sphtte of influence The CHSRA WI provide reasonable notice to the pubic Wth in the City of Fresno , through • toc:al newspaper of gene11111 clrcYiation , radiol'tetl!viston announcements, billboards or displlys, of the existence and general role of the ombudsmen end methods of contacting the ombudsman M~lgatlon Mu.aura No.2; The CHSRA 5hal ensure that propertv owners1 busineues, non~proflts and residents ere fuly compensated for eny increase in tax basis, arising from d isplacemen1 or relocation and ~~uMing in increased property tax liability, because they either have 1o rebcate to new property that ha s a higher tax basi$ or because 1hey have to conatn.lct n•w buildings or fadlilies on the original sites to ntplaoe buildings a r facililie.s that ..wre acquirltd by the CHSRII Mitigation M .. aure No.3: The CHSRA shal ensure tMt O'M'ters of property lha1 the CHSRA intend to acquire in YA\o~ or in part that are ena.ambered v.ith mortgages secLnd by deeds ol trusls , notes or other instNments oMth ramainilg balances in excess of the fair mafbt value of the property are not financiaUy impacted by having to invnediately pay off the remaining mortgage be'-nce in excess of the ptepert(s far martet value. CHSRA 'Nil either agree to pay the remaining instrument ba4ance, negotiate wilh the holder of the instrument to r.duce Ule ba!.nce to the property's fa 1r matic.et vatue, or v.ork with the holder of the ilshument to transfer the encurntx-.nce to relocation property of equivalent vakle, such that the d isplacement or relocation wll nat result fn an additional financial impact. SECT!ON 3 " li!SUAL AND AESTHETJC In Section 3.16 .5.3 of tho Draft EIRIEIS. 1he document siNs tho1 "Chanrclerislics of typical HST components as 'Milas the potential to affect the aesthetic environment are bted in Table 3.11>-2. (Stroot Modilica~ons , Ro1aining Wolls)". Tho Draft EIRIEIS lob 1o oddro .. tho Villual impacts upon existing neigkborhoods and bulirlen districts in do5e ptOximity to ttte propoa.d owrpaaaeli/gntde ~eparahons The Tutare street option v.ttk:h places Tulare over the HST c:onidor is an unacceptable option to the City in that it places Tulare Street more than twarrty (20) feet in the air at the H Street interaection, directly in front of Chukchansi Stadium. This option also brings an overpass structure touching do'M'I near the historic buildings of the Fu"on Mal Furthermore thia option proposes io block oH F Street in the heart of the Ch inatown di1tr1ct For these reasons , an unde:rpass with Tulare gcNng under HSR is deafty environment.lly superior and the only acceptable treatment for the project, 'Atlich would reduce a poter.tialy 1ignificant impact to less than significant. An underpesa should also be constNeted at the Ventura Street!UPRRJHST crossing. The overpass is probtem1tic in terms of local street connectivity, circulation, ADA ~ance , a.eatMetica and aocioecoM~micJenvironmental justice issues of a significant barrier being placed between commun~iea to the east and ~oWst of this crossing. SECT!ON 3.17-CU!.l\!RAL RESOU!!C:E.$ The City has a number of conmenls on this section of the DEIRIEIS as folows: CALIFORNIA 1)~1~"'~=~ ~-Fedano1 Rollrood High-Speed Rail Authority Admln lstr~!ron l010-38 L010-39 l01~ L010-43 City of Fresno Draft EIRIEIS Corrments HST Fresno to Bakersfield Page 20 • HPSR : 01176 his1orical archl1ec1urol resoun:es found ineigible by the con•u...,ta 1o 1he National or Caifomia registers, none •la lis1ed or eligible for isting in local government registers or inventories, and n such1 none is considered an histonc.l resoun:e for tne pu!poses of CEQA." Onlf the City'• Hi•torie Praservation Comminion ('HPCj and the Fresno City Council can determine 1nd dujgNte a re10urce 10 the local Register or Historic Re10urtes. There are in fKia rewre~eturcu within the pi'Qpoled corridor that MAY meet the threshold for the Local Regi•ter. These would be constdered, as appropriate, by 1tle HPC and tho Cl1y Counci. The Ci1y •s Oemofrtion review pn>tocol (2025 General Plen) could also Vigger a r.view of a nstolHU. • Tabte 6.S..1 identifies aeveral propeMa as historical resOUf'Qs for the purposea; of CEQA due to the fact that they have been incklded i1 prior aurveys, tnln)' OWl( rrve years Of age , and have been evaluated as potonti•l contributors to a LKel Hlstoric District Of' as indMdualy eigt>le 10 1he Locol Revister bU1 NOT daaignatad. as such by oction ol1tlo HPC or the City Councl After revieWng the Cultural Ruources section of the OEIR and its related technical appendices, it appears that the Authority hn tdentified a s~nificant number of buiklings end strudtns as "his1orit resources-that do not lal within the ddnitions for 1 mamiatory or pn:su~ historic resource &el forth in Pubtic Resources Code, Hction 21084.1 and CEQA Guidelnes, section 15D&4 .5(a). Though thi$ expanaive view of •hilitoric resources" is permissible it t. not legaly rcquRd. The Authority·s detennlnationa regardng ~ buidings or atn..tctures are •historic resources· with the Cit1' of freano J. not b inding on the City. In ragerd> 1o 1\RC-MI.IIM (EIS/EIR), Mitigation MMIII4 should be required for tho Frnno Stalion area, as it is the environment.Ny superior attemative to avoid impacts, direct and indifWct, to historic resources including the potential for sub-surface deposits in Chinatown and 'Nithin the con"idorof1he Central Pacific RH-oad {1111erSouthem Pacinc:). There are no technical studies, substanUal evidence or discussion (e.g . discuuion of potenlt•l of subsurface deposit that may be in 1he area , historic underground tunneb/atructu,.s in ctmatoW'I} to substantilte the concluJion. Tho DEIS/EIR identifies lito llzleea Theotre (836-8-40 F Sl!eo1) •• oligible for listing in the california Register. Oue to the buiiding'a associa;tion wiih Ar1uro Tiredo and fha importlince of tho building to tho .,Jdcano communi1y in Fro•no (1950s end 1960s) staff and HPC believe the building i• in-ly eigible 1o the Nationol Regls1er of Historic Plocn Tho Ci1y no1es tluo1 tho DEIRIEIS sllltos that tho Tuloro Slreel Over=ning "M>Uid couso a direct ~ve"" etTed to the Southern Pacific Railroad Depot 80d to the Bank of Italy (Fulton Mal). In addit;on the proposed overcroasi'lo 'M)uld ceuse indired impad:s to CEQA ontf historic81 resources The City 'Wishes to add that a Tutare Street underaossing ia required in order to avoid impllcts, direct and indirect, 1o historic properties, In regards to the Dov.nto'M Fresno Stillion afterNUves, the City wishea to convnent that The Maripose Street S1ation is the molt prudent end te .. ible alternative for avoiding or raducing irf'4)8cts 1o lhe environment The Kem St.tion ahemetiv. 'M)ukl dlmollsh a designated historic building. tho Hobbs Po,.ons Produce Comi*!Y Bulding (1903 . HPto169) ""'ic:ll is no1 onlf one of the okiest extant commercial buildings in fresno but 'Mil also recentty restored for adaptive use by tho City•s Fire Depar1menl Page 20-104 California High-Speed Train Project EIRIEIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L010 (Mark Scott, City of Fresno, October 13, 2011)-Continued l01()..15 l010-461 l010-'171 l010-481 L010-'19 l010-501 l010-51 City of Fresno Draft EIRIEIS Comments HST Freano to Bakersfiekj Page 21 In regards to the proposed mitigations for Archaeo~gy and Historic Archltectlnl Resourcu, !he Ciry's ana¥sls suggests: that the mitigation measures as proposed ara k:losety described and do not provide specificity 10 minimize significant aMrse imp.as, measurabte , feasibte , nor describe the responsibte party far imptementing the measure The Historic PntseNation Convnission at a specill meeting on S.pttmber 19, 2011 took public testimony 8nd made the additional comments •nd reconmendiliom:, Authority allllf members ~represent atf'le meeling, but the comments provided by the HPC were as folows : 1) The City has eoncem aboUI potentiaMy significant impacts to a historic ~source at tt\e Van Nell GateMy, \1\hich is not only on the Ci1y of Frwsno, Local Register of Historic Resource I but was at&o round eligibte to lhe National Reglster of Historic Ptaus ~ the consuttants . AHhough the ftistoric Gatev.ey to Fresno ts not ~~ ..wt.in the drect lne for canatnJction, it is anticipated that Ra~ro8d Avenue YAH become a cul-de- sac and the context for the Gateway will be impacted; other than pethaps from the traln(s) IUtlf It wil be dif'ricult or impossib)e to view the resource . 2) The City requests that its Historic P~servmion Comnvsston be treated as a consulllng ~r1y lor 1he Memorandum of Agmnnent (MOA). or other simillr typo of in.stn.mwnt that 'MI devabp the treatment plan tor significant mpacts to historic rt60UI'tie6. 3) The City exprassed concern about the combined impacts from nois. and VIbrations to historic resources from tv.o rail aystems. side..tJy-atde, fle HST and freight ltaina . at} Pubic and commissioners asked staff to consider the Us. Steel 8uidrlg for its potential deatgnatton to the Local Register. SECTION 3 11 -REGIONAl GRQWU! Section 3.18 .2 concerning the City or Fresno Ge:ne!W PlaR should be reVISed to ensunt consistency Vfith the planned lend use and o1her appltcabte policies IMth the Flilon Corridor Speeirlc Ptln, Do'M\IO'Ml Neklhborhood Pa.n , Do'M'Itown Developmen1 COde and the Fresno General Plan , and tel~ted OcYektpmtnl Code. lntormatkln ia currentt:f avaitab .. on the City of Fresno website at: wNN.I/'v!NIN tr~,no QCW- Section 3 16.S.llncludll conitructiorwelated emptoyrnent e"ects. tt is not dear how the $156 ,000 annual Wlge for construction OMJrkers v.s deriwd It seems high to the City of Fnssno. VOLUME Ml : ALIGNMENTS The conceptual 1!5% ptlns sho'M1 in VokJme II cal for the eXisting ovarpasses et Tuofurme and Stanis&eua Street in do\M"'1o'Nn Fresno to be reconstructed to sp1n bOth UPRR and the HST alignment. The reconstruction indudea approdmetety 8% gredes on the approaches and cal• for a n:par1te pedubian oYercrouing wme>Mtere bet-Men Tuotumne and St.nist.us. Underpasses .should also be construded al the Stlnisa.U.IIUPRRIHST and Tuolutmo/UPRRIHST crnssings. The l'"'pose<l overpos1 <nates potenti~ slgnificont environmental impact1 n tefTns of lack of ktcal snet connectivity. Clrt:Wabon. ADAcompbnce. aesthetics and socioeconomk:/environmental justice Assues of a atgnif'ic.M\t ban•r be:.ng p&ac&d between comm . .mitiea to the east and 'Mill of this ctOsslng. The City has. an:atvll'd the verbc.ll CALIFORNIA 0 ~,~,.:~"":: , , , F-Ilii Rollro:tll H1gh-Speed Ra1l Authanty Admlnlllr4ttOn l010-51 L010-62 L010-53 l010-50 City of Fresno Draft EIRIEIS CorTWnents HST Fresno to Bakersf~eki Page 22 curves for these sh'Kts as underpasses end h81 detannined thalt the underpess wiN be .shorter, extending only from F to H Street& (&imiat to the Ftesno Stree1 undorpou), thus providing for grealt( reduced structure costs and superior circulation . It wl alae be pouibte ..wh the sreet going under UPRRIHST to provide ADA-complillnt Jidewel:s, thus eiminating the need for a ••~note pedestrian bridge and the problem of two ADA no~ant bridges . The grade ll!llparttion p•ns show tocalatreet• b.lng terminttod at the verticllt retaining Mia ror the City's major st.-ess that ...ould be ,.conttructtHt as owtpan•• exllndftt over UPRR end HST (ancl in one case BNSF) The plana s-11 the tethnal -ndces lal to addre~a public safaty and wnpactJ eo neighborhood$ asJOCJDied wth d'te proposed conupta of local street terminatiotts. The C,cy IS cottUmea that the ElfUEIS don not 1ppe., to have onalyud tho potential lor t;..•• deocHnd ,_,. to pily<ICOIIy-utablished communibo<- h ia nat permissibae or app~opnatt ib deaHnd • klealttteet ~ut • ~sec tot lum~ound purposes or attemt~tiwly >Mth a beef lrvntage road pl~leling the reaigned or olevoleclldepressad major meet. In Of'dor to ~ and adequately connect toc:elstroets that serve residential, commercial and industrial areas, the projed 'Mal need to acquire additional right~f-w.y to either aJI.-de-sac k>cal street, or to reconnect them to each other v;a ~ fron1ago roads. On 1 ,.,. general nota, tho conuptuol 15% pions depict nume-.. pa~ial ond M ac:qui&itions The ~ft EIR/EiS falfJ to addteu the econom.c rnpact of the awation ot numervus patttl$ ~.c.h may no kJnger M'l8 any dewMpmenf potent&al, or • greatty reduced potential The enwonmental dOCUIM:At d0e1 not 1peat \0 '~~~till '<MI occur \Mit\ thi1 r.mnanll and unuuble slivers. The City ia grea*t eoncemed over the iou of tand for economic development, lou of property ti)C !W'venues and ...... tu: revenues , •• 'Mtl •• the po•nt* for bligllt a110ted by tile HST project. TM EIRIEtS noodl to qu1ntify thesa impldS ond to provide eppropriala mMi9ation to '" coi'M'IJn)ty for U..se irfJactt. Re91rding the Frnno Station Arwa, the d_..m shows the block bounded by Broadv.ey , Fresno , H, and Merced Sts . in its present configuretion. The siM lhould be ahO'M'\ M reconf~gured bd to a tnd'tionalatreet grid, and devetoped over time with QrOW'Id •oor mail : 1. The frontage on tht south akie of Fruno SL and bolh sides of Maripoaa St. bei'MI«< Broadway and H Sta. should aao be &hcrM\ a1 lined Vt1th ~und41oor retail I.Nea . Maripo11 in particular is a tey pedesNn pas11ge from the station to tile cormtercilll co~ ot the do>M\taw\1 end sulf.ce pariciAg Iota and tMI'Ik buik:ting ._.. would act •• • podostrion dotenant. 2 . .., tie two blocks bounded by H St., Mono St., the UPRR, and Kom St., the,. lhoulcl not bo 1 pati<ing slntctute placed farther from the station than 1 surloc:a lol, 01 sho'MI . ~ demand requires the constnJdion olo ~rlting -· tho u-ogo 1houlcl be ploced on 1111 de ol1ho surt.ce potl<ing oncl ito size &hculd inCOlpol'ote tho Sjllces providocl by 1ho lot. 3. In the blodt bounded by H Sl, Mono St., the UPRR, ond lnyo Sl, tho axisling row YoOirehouao 1long H Sllhoulcl ba lhO'Mias tetolnecl, ~r1iculotly in light of common1 (3). at . A ta)Q & shuttle pickup area is ahown near the atation's v.e1t entrance. This facifitv should be placed near the 111ition'a eaal •nhnca instead, pef'hllps as part of the futurw Page 20-105 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Submission L010 (Mark Scott, City of Fresno, October 13, 2011) -Continued L01o-sg Cl1y of FAisno Draft EIRIEJS Corrroen1S HST fresno to Bakersfield Page 23 intarmodal tr.nsll Cll!!nter shown at the comer of Mariposa Sl and H St., or incof1)013ted into the eastern bus stop and kiu & ride area1. An eastem tocation wouki a.,w thil transit se~ to serve the doW'IIo~M~ area in addition to the station itself. 5. tn the programming of the statton itself, the ~Aestem entrance should be conceived as secondary In function to the eastern entrance . The City continues to support a Ma~sa alignment for an east.fac.lng .stat~ over tl\e previously pt'Oposed west-facing station on a Kem St algnm!nl Presentt,o sew1111 thousand p,artclng spaces exist In p~ 8nd privately O\Mled of'f..slreet facilities ~thin Mlking diltance of the station , The propo1ed new parting faditiea de~ptcted in the diagnms lhouk:t only be ~velopsd when the parking demand n the area exceeds the available suppty. New parking facilities should not be devftlped on a tipeoMtive basis. The land v.tlere poten1Nll future parting faciitias are depleted ahotrld I"88TTI:in avaiBble for other types of appropriate downto'Ml development and use , unless and until lut parking facilities are developed. Should you have any que&lions regarding the City's comments on tM draft EIRIEIS, please contact our Assistant City Manager Bruce Rudd at {559) 621·7no or our City Engineer Scott Mozier a1 (559) 62 1-a650. Sincerety, Ma11< Seen City Manager Attachment Oo'MltO'Ml lrench altemativea CALIFORNIA 0 ~,~,::::,::~ • • • {.-Fodernl Railro~d H1gh-Speed Ra1l Authority Admonowatoon Page 2Q-106 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) l010-1 Refer to Standard Response FB -Response-GENERAL-02. Through further engineering and discussions with the City of Fresno, the trench option was found to be considerably more costly without providing the intended benefits. T renching the HST alone would not provide a desired benefit to Fresno; while trenching both the HST and UPRR would be possible, it would be even more costly, and critical spur lines would be overly constrained and impractical. Additionally, this option would require a longer construction period, which would not meet the Federal American Recovery and Reinvestment Act funding requirements . Through cooperative d iscussions, the Authorily and the City of Fresno reached agreement on an at-grade profile , with some areas of the profile lowered where possible. LD10·2 Trench alternatives (open cut and retained cut , both w ith and without Union Pacific Rail road (UPRR) were considered at the City of Fresno's request. A retained cut was incorporated in the design for the area from Reeding Park through to south of SR 180 to accommodate specific constraints, such as the San Joaquin Valley Railroad (SJVRR) spurs and the SR 180 crossing. However, in addition to significant additional cost, more extensive trenching would have major impacts on util ities crossing the alignment. An open cut would require a significant footprint and would impede development over a city block. Placing UPRR In a trench would have significant impacts on UPRR operations and on their connections to the S.NRR. If the UPRR were to remain at-grade, smaler road crossing structures could be adopted over the trench; however, this would maintain the existing UPRR grade crossings and would not provide the benefit of the grade separations proposed under the current scheme. L010-3 Refer to Standard Response FB-Response-TR-01 . l01D-4 Refer to Standard Response FB-Response-TR-01 . CALIFORNIA ~~ ~~,~~ • {. F&de rn l Rollro•d H1gh-Speed Rail Authority ., AdmmlstrAIIo n l010-5 Refer to Standard Response FB-Response-TR-01 . The Authority and the design/build contractor wiH continue to work with local j urisdictions, including the City of Bakersfield , to address local circulation concerns and specific roadway and intersection designs, and to not preclude transportation projects that are planned in the vicinity of the HST project. This will be done as part of design development and refinement. l010~ Refer to Standard Response FB-Response-PU&E-03. l010-7 Refer to Standard Response FB-Response-PU&E-03. The relocation and/or protection of sanitary sewer lines will be performed per the established requirements of the entity having jurisdiction over the sanitary sewer and the Authority's requirements for when utilities cross the HST right-of-way. Per contract requirements, the Contractor is required to coordinate its design and construction activities related to relocation and/or protection of the sanitary sewer with the jurisdictional entity and obtain its review and comment prior to any construction affecting the sanitary sewer. L010-8 The HST proj ect would not negatively affect the integrity of existing mains or preclude the installation of new mains across the HST right-of-way. In areas where the HST route would be elevated in the city of Fresno, it is Hkely that disturbance to these pipelines would be avoided during final engineering design for the specific placement of columns. However, where existing underground utilities, such as sewer and water pipelines, cross the HST alignment, these affected utilities would be placed in a protective casing . The Authority would work with the appropriate municipal authorities, such as the city's public works department, to relocate services so they do not conflict with HST infnlstructure. Refer to Section 3 .6 for additional information. Page 2G-107 California High-Speed Train Prqject EIR/EIS Fresno to Bakersfield Section Vol. IV Response to Comments from local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued l010-9 1 a) Existing water mains crossing the HST right-of-way will be maintained during the relocation or protection-in-place of these lines . Water lines crossing the HST right-of- way w ill be encased, In steel casings, and the length of the casing will be extended suf!lclently beyond the HST right-of-way so that future access to the casings can be made without affecting the HST right-of-way . 1 b) All related appurtenances to water lines and their casings wiU be placed outside the HST right-of-way, so that any maintenance of the water lines can be perfomned without the need to access the HST right-of-way. 1c) If an existing water line, which is located in private properly and has its own easement, requires relocation and the relocation places the water line in a private property, the Authority will work with the affected utility owner to obtain a new easement for the relocated water line. 1d) Appropriate size casings will be provided lor all utilities crossing the HST right-of- way. Any requests to increase the size of an existing facility or accommodate installation of a future facility would be negotiated between the City of Fresno and the Authority. Future utilities would be allowed to cross the HST right-of-way subject to obtaining permits from the Authority and meeting the requirements of HST design criteria. 1e) The Authority and its contractor(s) will continue to work with the City of Fresno to ensure the design and relocation/protection of water mains and other utilities meet the requirements of the City. l010-10 Refer to Standard Response FB-Response-PU&E-03. Any requests to increase the size of an existing facility or accommodate installation of a future facility would be negotiated between the City of Fresno and the Authority. l010-11 Refer to Standard Response FB-Respons&-HWR-01. CALIFORNIA 0 ~~.:~-:! h<ler:tl R•llro•d High-Speed Rail Authority Admtnlsttotton l010-11 The Authority has been discussing this well site with the City of Fresno since early 2012, and will continue to work with the City to ensure con11icts with this facility are properly addressed during right-of-way negotiations, final design, and construction . l010-12 Refer to Standard Response FB-Response-PU&E-03. The designs presented in the Revised DEIR/Supplemental DEIS are preliminary. The Authority will coordinate with tne City of Fresno to refine this information and coordinate terms and conditions for avoiding or encasing existing and planned Infrastructure. l010-13 Contracts for HST construction will include provisions that require theContractor to coordinate with the City of Fresno for allutilities under the jurisdiction of the City of Fresno's Department of Public Works and provide the City with the opportunity to review and comment on utility relocation design. l010-14 Refer to Standard Response FB-Response-PU&E-03. An adjusted water usage factor of 30 gallons per employee per day was used for the heavy maintenance fadlity (HMF) analysis. This water usage factor was estimated by comparing the number of tnain sets and employees for bolh the Bay Area Rapid Transit (actual numbers) and HST facilities (planned numbers), and other climatic conditions (average temperature , humidity). In eddition, landscaping was considered as 'NI!N as the expected use of anticipated water recycling and reuse technologies at the HMF. This methodology is discussed further in Appendix 3 .6-B. l010-15 Refer to Standard Response FB-Response-PU&E-03. The designs presented in the Revised DEIR/Supplemental DEIS are preliminary. A Page 20-108 California High-Speed Train Project EIRIEIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L010 (Mark Scott, City of Fresno, October 13, 2011)-Continued L010·15 decision on the heavy maintenance facility (HMF) location is not being made at this time . If the Fresno Works-Fresno HMF Site is ultimately selected as the HMF location , the Authority will coordinate with the City to refine the HMF design and coordinate provisions for water service from the City of Fresno. L010·16 Section 3 .11 of the Revised DEIR/Supplemental DEIS was revised to include the corrections provided in this comment. L010·17 The Federal Railroad Administration and Department of Transportation issued a notice of inlent (NO I) to prepare an Environmental Impact Statement for the California High- Speed T rain Project for the Fresno to Bakersfield Section on October 1, 2009. This date establ ished the year for the affected environment. The Draft EIRIEIS was released in August 2011 . At the time the document was being prepared, the 2010 Census block- level data had not been publ ished; the data were released in late August 2011 . The "Affected Environment" section of Section 3.12, Socioeconomics. Communities, and Environmental Justice , presents county· and community-level demographics, housing , economic conditions , community characteristics, and environmental justice populations in the four-county region . The 2000 Census was only one of many data sources referenced. Other data sources included the California Department of Finance (2007 and 2010 data), the American Community Survey (2006·2008 data), and the California Employment Development Division (2010 data). The methodologies for identifying and analyzing affected populations and the data sources used In the analysis are detailed in Appendix A , Methodologies, of the Community Impact Assessment Technical Report (Authority and FRA 2012g). L010·18 The Federal Railroad Administration and Department of Transportation issued a notice of intent (NO I) to prepare an Environmental Impact Statement for the California High- Speed Train Project for the Fresno to Bakersfield Section on October 1, 2009. This date established the year for the affected environment. The Draft EIRIEIS was released in August 2011 . At the time the document was being prepared , the 2010 Census block- CALIFORNIA \) ~~~.:':;;..":.! • • • {. F~t:l l R ollro~ H1gh-Speecl Ra1l Authonty Ad mmottrotlon L010 -1a level data had not been published ; the data were released in late August 2011 . The "Affected Environment" section of Section 3 .12, Socioeconomics, Communities , and Environmental Justice, presents county-and community-level demographics, housing , economic condilions, community characteristics, and environmental justice populations in the four-county region. The 2000 Census was only one of rneny data sources referenced. Other data sources included the Cafifomia Department of Fmance (2007 and 2010 data), the American Community Survey (2006-2008 data), and the California Employment Development Division (2010 data). The methodologies for Identifying and analyzing affected populations and the data sources used in the analysis are detailed in Appendix A , Methodologies, of the Community Impact Assessment Technical Report (Authority and FRA 2012g). The decennial Census is considered the most reliable source of data on race and ethnicity because it is based on a 100% population survey of all geographic areas, rather than sampHng or estimating techniques, as are used in more recently published data. Therefore, the 2000 Census data were used for the environmental justice (EJ) analysis . To confirm the validity of the data, EJ populations in the study area were further examined using quantitativa and qualitative methods to identify any potential demographic changes that may have occurred since the 2000 Census. Quantitative analysis included using proxy data sources that would Indicate the current locations of EJ populations, such as American Community Survey data for 2006·2008, and participation data by zlp code fo r social service , food stamp, Section 8 housing, and school free or reduced-fee lunch programs in the study area. Qualitative examination included outreach to local agencies and organizations to inquire about changes in conditions that would lead to changes in EJ population identification and local expert review of Identified 2000 Census EJ areas to ensure that the results are representative of current minority and low-income conditions. These additional verification processes confirmed the accuracy of the 2000 Census, and aN are thoroughly documented in the EJ methodology in Section A .1 of Appendix A of the Community Impact Assessment Technical Report. L010-1!J The Federal Ra ilroad Administration and Department of Transportation issued a Notice of Intent (NOI) to prepare an Environmental Impact Statement for the Callfomla High· Page 20-109 California High-Speed Train Project EIRIEIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued l010-19 Speed Train Project for the Fresno to Bakersfield Section on October 1, 2009. This dale established the year for the affected environment. The Draft EIRIEIS was released in August 2011 . At the time the document was being prepared, the 2010 Census block- level data had nol been published; the dala were released in late August 2011. The "Affected Environment' section of Section 3 .12, Socioeconomics, Communities, and Environmental Justice, presents county-and community-level demographics, housing, economic conditions, community characteristics , and environmental justice populations in the four-county region. The 2000 Census was only one of many data sources referenced . Other data sources included the California Department of Finance (2007 and 2010 data), the American Community Survay (2006-2008 data), and the California Employment Development Division (2010 data). The methodologies for identifying and analyzing affacted populations and the data sources used in the analysis are detailed in Appendix A, Methodologies, of the Community Impact Assessment Technical Report (Authority and FRA 2012g). L010·20 The Federal Railroad Administration and Department of Transportation issued a notice of intent (NOI) to prepare an Environmental Impact Statement for the California High- Speed Train Project for the Fresno to Bakersfield Section on October 1, 2009. This date established the year for the affected environment. The Draft EIR/EIS was released in August 2011 . At the time the document was being prepared, the 2010 Census block- level data had not been published; the data were released in late August 2011 . The "Affected Environment" section of Section 3 .12, Socioeconomics, Communities, and Environmental Justice, presents county-and community-level demographics, housing, economic conditions, community characteristics , and environmental justice populations in the four-county region . The 2000 Census was only one of many data sources referenced. Other data sources included the California Department of Finance (2007 and 2010 data), the American Community Survey (2006-2008 data), and the California Employment Development Division (2010 data). The methodologies for Identifying and analyzing effected populations and the data sources used In the analysis are detailed in Appendix A. Methodologies, of the Community Impact Assessment Technical Report (Authority and FRA 2012g). CALIFORNIA o ~~~ra~r!n"::. Feclet:~l R•llro•d High -Speed Rail Authority Admoniotrouon L010·20 The decennial Census is considered the most reliable source of data on race and ethnlclty because it is based on a 100% population survey of an geographic areas, rather than sampling or estimating techniques, as are used in more recently published data. Therefore, the 2000 Census data were used for the environmental justice (EJ) analysis. To confirm the validity of the data, EJ populations in the study area were further examined using quantitative and qualitative methods to identify any potential demographic changes that may have occurred since the 2000 Census. Quantitative analysis included using proxy data sources that would indicate the current locations of EJ populations, such as American Community Survey data for 2006-2008 , and participation data by zip code for social service, food stamp, Section 8 housing, and school free or reduced-fee lunch programs in the study area. Qualitative examination included outreach to local agencies and organizations to Inquire about changes In conditions that would lead to changes in EJ population identification and local expert review of identified 2000 Census EJ areas to ensure that the results are representative of current minority and low-income conditions. These additional verification processes confinned the accuracy of the 2000 Census, and all are thoroughly documented In the EJ methodology In Section A .l of Appendix A of the Community Impact Assessment Technical Report. L010-21 In response to this comment, information on the Poverello House was added to the Community Impact Assessment Technical Report in Section 5 .1.1 .2, for operation impacts of the BNSF in Fresno County, and in Section 4.3, for identification of environmental justice areas (Authority and FRA 2012g). L011-22 Reller to Standard Response FB-Response-GENERAL-01, FB-Response-GENERAL-21 . See Section 5 .2 .3 in the Draft Relocation Impact Report for detailed information on the estimated number of relocated businesses and currently avaHable vacant business properties (Authority and FRA 2012h). Page 2D-110 California High-Speed Train Project EIR/EIS Fresno to BaKersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued L010·23 Refer to Standard Response FB-Response-S0-05, FB-Response-S0-04. For information on the potential for disruption and division in Fresno, see the Revised DEIR!Supplemental DE IS , Volume I, Section 3 .12, Impact SO #7 . Also see Impact SO #1 0 and Impact SO #11 , for displacement estimates in Fresno. Mitigation Measure S0-4 proposes mitigation to minimize the impacts from the relocation of important facilities in Fresno. See Section 5 .2 .2 in the Draft Relocation Impact Report for detailed information on the number of estimated relocated residences and available vacant properties (Authority and FRA 2012h). See Volume I, Section 3.12,1mpact SO #3,1mpact SO #4, and Impact SO #13, for effects on property and sales tax revenues . l010-24 Refer to Standard Response FB-Response-GENERAL-01 . L010·25 Refer to Standard Response FB-Response..S0-05, FB-Response-S0-{)2, FB- Response-S0-03, FB-Response-GENERAL-{)1 . The economic analysis presented in Chapter 3.12 of the EIR/EIS and the Community Impact Assessment (CIA) Technical Report is comprehensive and complete. A comprehensive literature review in section 5.4.4.3 of the CIA presents research studies conducted on the effect of constructing new commuter rail lines on residential and commercial real estate values. Although considerable research has been conducted on the property value impacts of rail transit, no studies were found that examine the specific question of high-speed rail impacts on real estate property values . Therefore, it Is not clear how these findings would apply to high-speed raR projects and it is unclear whether the property value impacts would be similar. As a result, a calculation of loss of value of property adjacent to the project would be speculative. Section 5 .4 .4 .2 of the CIA examines the reduction in property tex revenues that would result from acquisition of land for project construction . The economic impact to the City CALIFORNIA 0 ~,~,~'7:. • • • F-rnl Rall•oad Htgh-Speed Ratl Authontyo Adrntniotrotton L010·25 of Fresno from the reduction in property tax revenues is insignificant and would not be perceptible to community residents and no mitigation is required . Therefore, long-term increases In property tax revenue are not an off-set, nor property tax revenue increases associated with increased property values surrounding stations is considered an off-set. The EIRIEIS acknowledges the potential exists that some displaced businesses will choose not to reopen. Decisions to close or relocate outside of the City of Fresno will be made by individual property owners, and as such any estimate would be speculation. Businesses that would be relocated by the project would be entitled to relocation assistance and counseling similar to that provided to residents in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, to ensure adequate relocation of businesses. Compensation is provided for moving and relocation expenses. As such, businesses and property owners would not have increased difficulties obtaining a new loan or securing commercial space or a home because of the HST. The short-term reductions in sales tax revenues are discussed in Chapter 3.12 Impact SO #13, because the need to acquire land will necessitate the relocation of businesses along the project alignment. With the relocation assistance discussed above, Including assistance in finding replacement properties, moving expenses, and obtaining permits, temporary reductions in sales tax revenue from business displacement would be minimal. A detailed discussion of potential sales tax revenue losses is presented in section 5 .4 .4.4 of the CIA. losses for the City of Fresno would be an insignificant amount of the annual revenue from sales tax collected by the city . Therefore, the economic impact is measurable, but would not be perceptible to community residents and no mitigation is required . Additionally, the expected annual gain in sales tax revenue from project spending is greater than the expected loss from business relocation. Construction-and operation- related sales tex gains are examined in section 5 .4.6 of the CIA. The City of Fresno will have considerable additional revenues attributed to the construction and operation of the HST. Page 20-111 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from local Agencies Response to Submission L010 (Mark Scott, City of Fresno, October 13, 2011)-Continued L010-26 Refer to Standard Response FB-Response-50-04, FB-Response-GENERAL-20. For information on the potential for physical deterioration, see the Revised DEIR!Supplemental DEIS , Volume I, Section 3 .12, Impact SO #17. Section 5 .4 .5 of the Community Impact Assessment Technical Report details the analysis performed to measure all potential effects associated with construction and operation, and examines the impacts to determine if the resuHing changes to the community would reasonably be expected to lead to physical deterioration (Authority and FRA 2012g). See Volume I, Section 3 .12, Mitigation Measure S0-7: Develop measures to minimize the potential for physical deterioration. Please refer to the Merced to Fresno Section Final EIRIEIS, Section 3.12, which has consistent measures to address physical deterioration. L010-27 Refer to Standard Response FB-Response-GENERAL-01 , FB-Response-GENERAL-21 , FB-Response-GENERAL-22. Collecting individual conditional-use permits and attributes of businesses is beyond the scope of an EIRIEIS. Details about the business analysis, including type of businesses affected, vacancies, and number of employees potentially affected, are included in Section 5 .2 .3 of the Community Impact Assessment Technical Report (Authority and FRA2012g). The analysis of potential job loss due to business displacement and relocation was performed, by alternative, and the results are presented in the Revised DEIR/Supplementai DEIS, Volume I, Section 3 .1 2, Impact SO #11 . See the Draft Relocation Impact Reporl for the complete analysis (Authority and FRA 2012h). The property acquisition and compensation plan includes provisions for ensuring relocated businesses remain fully operational at their new locations and indudes the potential for renovating existing structures to fit the needs of a business if no comparable properties exist In the surrounding area. L010·28 Refer to Standard Response FB-Response-GENERAL-01 , FB-Response-GENERAL-21, FB-Response-S0-0 1, FB-Response-SO.C3. CALIFORNIA 9 ~~~raC:=-.'7.;:; • • • {. Fl>d<!t:ll R•llro•d Htgh·Speed Ratl Authanty Mmon.,trlltoo n L010-29 The "Affected Environment" section of Section 3 .12, Socioeconomics, Communities, and Environmental Justice, ofthe EIRIEIS presents economic data from the California Employment Development D ivision (2010). The Federal Railroad Administration and Department of Transportation issued a Notice of Intent (NO I) to prepare an Environmental Impact Statement for the California High- Speed Train Project for the Fresno to Bakersfield Section on October 1, 2009. This date established the year for the affected environment. The Draft EIRIEIS was released in August 2011 . At the lime the document was being prepared, the 2010 Census block· level data had not been published; the data were released in late August 2011. The "Affected Environment" section of Section 3.12, Socioeconomics, Communities, and Environmental Justice, presents county-and community-level demographics, housing, economic conditions, community characteristics, and environmental justice populations in the four-county region. The 2000 Census was only one of many data sources referenced. Other data sources included the Ca~fomia Department of Anance (2007 and 2010 data), the American Community SUI\Iey (2006-2008 data), and the Ca~fomia Employment Development Division (201 0 data). The methodologies for identifying and analyzing affected populations and the data sources used in the analysis are detailed in Appendix A , Methodologies, of the Community Impact Assessment Technical Report (Authority and FRA 2012g). L010-30 Refer to Standard Response FB-Response-GENERAL-01, FB-Response-SO.C1 . The Authority has adopted the Caltrans Right of Way Manual as the basis for all business and residential relocations as a result of the project (Caltrans 2009). The Caltrans Right of Way Manual, Section 10.01.02.01 , states that relocation assistance will be administered in accordance with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) for all projects regardless of funding sources . The displacement of residential, business, and community facilities will be mitigated for because the Authority will comply with applicable federal and state laws and regulations, including the Uniform Act. The act and its amendments provide guidance on how federal agencies, or agencies receiving federal financial assistance for a project, will compensate for impacts on property owners or tenants who need to Page 20-112 California High-Speed Train Project EIRIEIS . Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agenctes Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued L010-30 relocate if they are displaced by a project. The Authority will compensate all property owners or tenants in accordance with this act, which applies to all real property. All benefits and services will be provided equitably without regard to race , color, religion, age, national origins, and disability, as specified under Title VI of the Civil Rights Act of 1964. The Relocation Assistance Program was developed to help displaced individuals move with as little inconvenience as possible and has commonly been used for large infrastructure projects that displace a large number of residences and businesses, such as the HST project, and is considered successful standard practice for mitigating the impacts to individual property owners. Additionally, former Mitigation Measure S0-2 (Develop a Relocation M itigation Plan) has now been expanded and Included in Project Design Features. As described in Section 3 .12.6, Project Design Features , the Authority must comply with the Uniform Act. The Authority has developed more detailed Information about how it plans to comply with the Uniform Act and the California Relocation Assistance Act. The Authority has developed three detailed relocation assistance documents modeled after Caltrans' versions. The documents are Included in Appendix 3.12-A, Relocation Assistance Documents. Before any acquisitions occur, the Authority wl" develop a relocation mitigation plan in consultation with effected cities and counties. Included in this will be an ombudsman to act as a single point of contact for property owners, residents, and tenants with questions about the relocation process. The ombudsman will be charged with representing the Interests of the public and will be a mechanism for keeping the Authority accountable. L010-31 The $10,000 cap on reestablishment expenses cited include, but are not limited to things such as repairs or improvements to the replacement real property; modifications to the replacement property; and construction and installation costs for exterior signing . Costs associated with obtaining special permits or other development entitlements is addressed In the Caltrans ROW Manual, Section 10.05.05.10. The High Speed Rail Auhtority has adopted this manual for use until such time as the Authority creates it's own ROW manual. This section states that "The displacee is entitled to the cost of any license, permit, or certification required for the particular business or organization to CALIFORNIA 0 ~~.!~~;: . {tl Fodorol Ro llrood H1gh-Speed Rail Authority Admon11trot1o n L010·31 operate at the replacement location that is not transferable to the replacement property .. ." L010-32 Refer to Standard Response FB-Response-S()-(}1 , FB-Response-S0-03, FB- Response-S0-05. The property acquisition and compensation plan Includes provisions to ensure relocated businesses remain fully operational at their new location and includes the potential for renovating existing structures to fit the needs of the business. The analysis of potential suitable replacement real estate (residential and commercial- industrial) available for sale or rent in the study region was conducted In 2010. Real estate market conditions are constantly changing along with overall economic conditions In the region, so the report can only Identify the likely availability of suitable replacement structures. Individual acquisition and access issues will be determined during the property acquisition process. For information on the HST -operation-related property and sales tax revenue effects, see the Revised DEIR!Supplemental DEIS, Volume I, Section 3.12, Impact SO #3, Impact SO #4 , and Impact SO #13. See Volume I, Section 3.12, Impact SO #5, Temporary Construction Employment, for information on the number of construction jobs created as a result of the project, the ability of the existing regional labor force to fill the demand for direct construction jobs, and the resulting indirect and induced jobs. Impact SO #14, Employment Growth, detail& the long-term jobs created to operate and maintain the project in the region, as well as the jobs created as a result of the Improved connectivity of the region to the rest of the state. The total number of new jobs created is estimated to be a 3.2% increase in total employment above the 2035 estimate of 1.4 miHion total jobs in the region under the No Project Alternative (Cambridge Systematics, Inc. 2010). Page 20-113 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued L010-33 Refer to Standard Response FB-Response-so-o 1. The property acquisition and compensation process w ill begin only after all necessary legal processes have been completed , funding has been secured, and construction is ready to begin. This is scheduled to begin in 2013 and last through 2015 . Funding secured for the HST project includes the amount required for all of the land acquisition and compensation . Property owners w ill receive at least 90 days notice if their property is affected. For more information on the property acqu isition and compensation process, see Volume II , Appendix 3 .12-A. L010-3-4 Refer to Standard Response FB-Response-S0-05. Relocated property owners will rece ive property tax relief, which allows t hem to retain the assessed valuation of the property from w hich they were d isplaced. L010-35 Refer to Standard Response FB -Response-S0-01 , FB -Response-SO-o3. M itigation Measure S0-2 describes how the impacts on displaced residents wi" be fully mitigated because the Authority w ill locate suitable replacement housing. For mora information o n the property acquisition and compensation process, see the Revised DEIR/Supplemental DEIS, Volume II, Appendix 3.12-A. The property acquisition and compensation plan includes provisions to ensure relocated businesses remain fully operational at their new location and includes the potential for renovating existing structures to fit the needs of the businesses. The $10,000 cap on reestablishment expenses cited include, but are not limited to, things such as repairs or Improvements to the replacement real property; modifications to the replacement property; and construction and installation costs for exterior signing. Costs associated with obtaining special permits or other development entitlements are addressed in the Caltrans Right of Way Manual, Section 1 0.05.05.1 0 (Callrans 2009). The Authority hss adopted this manual for use until such time as its own right-of-way manual is created . This section states that "the displacee is entitled to the cost of arty CALIFORNIA ~~ ~~~.:~m;::, • _ • {. Fede ro l R~ll ro >d H1gh·Speed Ra1l Authonty ..-;J Adml ni strat•on L010 -3S license, permit, or certification required for the particular business o r organization to operate at the replacement location that is not transferable to the replacement property The analysis of potential suitable replacement real estate (residential and commercial- industrial) available for sale or rent in the study region was conducted in 2010. Real estate mar1<et conditions are constantly changing along with the overaY economic conditions in the region , so the report can only identify the likely availability of suitable replacement structures. Individual acquisition and access issues wil be determined during the property acquisition process. L010-38 The Authority recognizes the necessity for the HST in some situations to go over or under streets and highways or in trenches . The situational need to construct an overpass as opposed to an underpass (or vice versa) Is based on a number of factors , the most important of which are engineering feas ib il ity and prudential cost considerations. Moreover, the Authority recognizes that overpasses, underpasses, and trenches have the potential to reduce visual quality, change traffic patterns, and bisect communit ies. Because of this potential, the Authority wilt apply the design plans and mitigation measures in collaboration with communities and with regard to local plans and methods to minimize and mitigate the adverse Impacts of construction and operation of the HST System. The Authority has coordinated with each affected jurisdiction to develop a specific approach at each roadway affected . Each approach Is recorded in the updated analysis in the Revised DEIR/Supplemental DEIS and will be documented with a MOU/agency agreement between tha Authority and the City of Fresno. A simulation of the Tulare overpass option is depicted and analyzed in Section 3 .16, Aesthetics and VISual Resources, of the Revised DEIR/Supplemental DEIS. L011-37 Refer to Standard Response FB-Response-AVR-04. Page 20-114 California High-Speed Train Project EIRIEIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 201 1) -Continued l010-38 Comment noted . The Draft EIRIEIS took into account previous local built environment surveys to ensure that the survey for the Fresno to Bakersfield Section included all potential individual resources as well as districts and potential districts, such as the Warehouse District. Section 3.17, Cultural and Paleontological Resources , of the Revised DEIR/Supplemental DEIS presents the findings ofthis study and has adequately identified built environment resources for the purposes of Section 106 and CEOA. Although the City's Historic Preservation Commission may designate a property to the Local Register, the Authority's obligation under CEQA/NEPA to identify and mitigate adverse effects or significant impacts caused by the proposed project does not supersede the City's authority to designate resources for its local register. l010-39 Comment noted. The analysis in the Draft EIRIEIS and the Revised DEIR/Supplemental DEIS took into account previous local built environment surveys to ensure that the survey for the Fresno to Bakersfield Section of the HST System included all potential individual resources as well as districts and potential districts, such as the Warehouse D istrict. Section 3.17, Cultural and Paleontological Resources, presents the findings of th is study and has adequately identified built environment resources for the purposes of Section 106 and CEQA as they pertain to historical resources . L010-40 Refer to Standard Response FB -Response-CUL-03 . With respect to the presence of a network of tunnels in Fresno Chinatown, the anecdotal evidence that supports their existence has not, at the time of the Revised DEIR/Supplemental DEIS circulation, been supported with direct observation of their whereabouts, either through a published archaeological survey or other report presenting physical evidence of their location and integrity. This lack of evidence notwithstanding, since the circulation of the Revised DEIR/Supplemental DIES, additional research was conducted regarding the possible presence of the Chinatown tunnel system as part of the Merced-Fresno Archaeological Treatment Plan (ATP) (Authority and FRA 2012a) (a document required as part of the procedures set forth in the Section 106 Programmatic Agreement (Authority and FRA 2011e] that ~CALIFORNIA 'ql High-Speed Rail Authority l010-40 outlines treatments and mitigations for archaeological resources to be implemented as the project is constructed). This research further suggests the presence of, at a minimum, historic archaeological deposits in Downtown Fresno, some of which may be associated with ethnic Chinese activities In the area. As a result, the ATP designated lhe Fresno Chinatown as an archaeologically sensitive area , which w~ltrigger more controlled, scientific investigations in this area before construction of the HST project. If, after the investigation and evaluations are complete , a network of tunnels or other historic deposits are considered eligible for listing In the National Register of Historic Places or the California Register of Historic Resources, they would potentially be subject to Section 4(f). In this case, the Authority and the FRA would coordinate with the State Historic Preservation Officer to determine how to avoid or minimize harm to these resources. Further, as provided in Mitigation Measure CUL-MM#1 in Chapter 3 .17, Cultural and Paleontological Resources, of the Revised DEIR/Supplemental DE IS, the implementation of the procedures outlined in the Section 106 Programmatic Agreement would serve as an enforceable agreement to treat and mitigate potential effects or impacts on cultural resources identified as the project proceeds. L010 .. 1 The text of Section 3.11, Cultural and Paleontological Resources, in the Revised DEIR/Supplemental DEIS has been revised in response to your convnent. L010_.2 Thank you for your comment. Please note that the Revised DEIR/Supplemental DE IS identifies indirect adverse effects from the BNSF Alternative's Tulare Street overcrossing option on the Southern Pacific Railroad Depot and no adverse effects on the Bank of Italy building . L011_.3 Comment noted. The Authority w~l determine the least environmentally damaging alternative by considering all adverse effects identified as part of the CEQA/NEPA process. Page 20-115 California High-Sr:>eed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 201 1) -Continued L010-44 Refer to Standard Response FB-Response-CUL-03 . L010-45 Refer to Standard Response FB-Response-CUL-03. The Authority and FRA have revised the BNSF Alternative in the Revised DEIR/Supplernental DE IS as a result of continuing project design updates, comments received on the Draft EIRIEIS, and additional consultation with public agencies. The analysis of potential effects on the South Van Ness Entrance Gate from the BNSF Alternative is described In Section 3 .17, Cultural and Paleontological Resources , of the Revised DEIR/Supplemental DEIS. Direct and indirect adverse effects on this National Register of Historic Places (NRHP)-IIsted property are assessed in accordance with Section 106 of the National Historic Preservation Act (NHPA), 36 CFR 800.5 (Assessment of Adverse Effects). Effects assessments are presented in the Revised OEIR/Supplemental DEIS and discussed in greater detail in the Findings of Effect (FOE) report . The FOE report describes the assessment of potential adverse effects on historic properties that would result from the construction or operation of the project and identifies mitigation measures that would eliminate or minimize such effects . Mitigation measures developed to address these effects will be incorporated into project design and construction documents. L010-46 Thank you for your comment. The City of Fresno will be invited to be a consulting party on the project. L010-47 Refer to Standard Response FB-Response-CUL-01 and FB-Response-CUL-03 . The City of Fresno has accepted an Invitation to be a consulting party on the project. L010-48 Comment noted. The U.S. Steel facility at 2421 East California Avenue was evaluated --CALIFORNIA om~n'""""'"" 0 US O!>!>llt!lnent ~ High-Speed Roil Authority Ad mln lltr~tto n Fedei'DI Railro:.d L010-48 for lnduslon in the National Register or Historic Places and the Cawtornia Register or Historical Resources and was found not to be eligible for listing in either register. On February 6, 2012, the California State Historic Preservation Office (SHPO) concurred with that finding. L010-49 Refer to Standard Response FB-Response-GENERAL-01, FB-Response-GENERAL-21 . L011·50 Hour1y construction wage rate was assumed to be $75 in hour for the purpose of economic analyses and was based on published prevailing wages In CA for heavy civil construction trades (Davis-Bacon Act). This rate also includes fringe benefits and employer's payroll taxes resulting in an annual burden construction salary (exduding contractors mar1<-ups) of $156,000 ($75/hr x 2080 hrslyr). Hourty construction wage rate was assumed to be $75 per hour for the purpose of the economic analyses and was based on published prevaiting wages in California for heavy civil construction trades (Davis-Bacon Act). This rate includes fringe benefits and employer payroll taxes, resulting in an annual burden construction salary (excluding contractors' mark-ups) of $156.000 ($75/hr x 2080 hr/yr). L010-51 Refer to Standard Response FB-Response-AVR-04. L011-52 Extensive coordination with the City of Fresno has taken place to develop designs for impacted city roadways in accordance with city standards . Where city standards could not be accommodated, road design has been coordinated and addressed with City engineering staff. Coordination with City staff will continue through project final design. These coordinated designs are reflected in the impact footprint for the project as presented in Volume Ill of the Final EIRIEIS for the Frasno to Bakersfield section of the Page 20-116 California High-Speed Train Project EIR/EIS Fresno to Bal<ersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued L010-52 High-Speed Train project. L010-53 Refer to Standard Response FB-Response-S0-05, F8-Response-SO-o4. See the Revised DEIRJSupplemental DEIS, Volume I, Section 3 .12, Impact SO #3, Impact SO #4 , and Impact SO #13, for effects on property and sales tax revenues. For the potential for physical deterioration, see Volume I, Section 3 .12, Impact SO #17. L010·54 The California High-Speed Rail Authority (Authority), through its station area development principles and policies, demonstrates a commitment to collaborating with station-recipient communities on long-term benefits and impacts of introducing high- speed rail service. The general principles for station area development are articulated In Section 68 of the Program EIRIEIS and further elaborated in the High-Speed Train (HST) Station Area Development Policies (Authority 2006a). Applied together, the policies and principles establish a fnlmework for the Authority to guide station design and planning within the surrounding local context . As you may know, the City of Fresno has initiated the Fresno High-Speed Rail Multimodal Station Area Planning project. This study and the associated Station Area Master Plan will include an extensive public participation strategy to develop the city's conceptual station design, surrounding land use, development strategies , and transit connections . Details associated with local station design and development wUI be shared with the community during this process. L010-55 Refer to Standard Response FB-Response-TR-{)3. The parking structure is shown in its current location as a result of discussion with the City of Fresno . It was agreed that the parking structures should be located as far as feasible from the station, while still remaining within the walking distances stipulated in the Authority's technical memoranda, to encourage foot traffic that would drive development on the parcels near to the station. The City of Fresno has reviewed the parking structure locations and concurred with the current plans. CALIFORNIA ~~ ~~~,~':ta":: • • • ,... Federnl Rallro•d Htgh-Speed Ratl Authanty 'ei1 Admm ls!rltio n L010-56 The California High-Speed Rail Authority (Authority), through its station area development principles and policies, demonstrates a commitment to collaborating with station-recipient communities on long-term benefits and impacts of introducing high- speed rail service. The general principles for station area development are articulated In Section 68 of the Program EIRJEIS and further elaborated In the High-Speed Trail (HST) Station Area Development Policies (Authority 2008a). Applied together, the policies and principles establish a framework for the Authority 1o guide station design and planning within the surrounding local context. As you may know, the City of Fresno has initiated the Fresno High-Speed Rail Multimodal Station Area Planning project. This study and associated Station Area Master Plan will include an extensive public participation strategy to develop the city's conceptual station design, surrounding land use, development strategies, and transit connections. Details associated with local station design and development will be shared with the community during this process. L01t-57 The California High-5peed Rail Authority (Authority), through its station area development principles and policies, demonstrates a commitment to collaboraHng with station-recipient communities on long-term benefits and impacts of introducing high- speed rail 5e!Vice. The general principles for station area development are articulated In Section 6B of the Program EIRJEIS and further elaborated in the High-5peed Trail (HSn Station Area Development Poticies (Authority 2008a). Applied together, the policies and principles establish a framework for the Authority to guide station design and planning within the surrounding local context. As you may know, the City of Fresno has initiated the Fresno High-Speed Ra~ Multimodal Station Area Planning project. This study and associated Station Area Master Plan will include an extensive public participation strategy to develop the city's conceptual station design, surrounding land use, development strategies, and transit connections. Details associated with local station design and development will be shared with the community during this process. L018-58 The California High-Speed Rail Authority (Authority), through Its station area development principles and policies, demonstrates a commitment to collaborating with station-recipient communities on long-term benefits and Impacts of Introducing high- Page 20-117 California High-Speed Train Project EIR/EIS Fresno to Bakersfield Section Vol. IV Response to Comments from Local Agencies Response to Submission L01 0 (Mark Scott, City of Fresno, October 13, 2011) -Continued l010-58 speed rail service . The general principles for station area development are articulated In Section 6B of the Program EIRIEIS and further elaborated in the High-Speed Trail (HST) Station Area Development Policies (Authority 2008a). Applied together, the policies and principles establish a framework for the Authority to guide station design and planning within the surrounding local context. As you may know, the City of Fresno has initiated the Fresno High-Speed Rail MuHimodal Station Area Planning project . This study and the associated Station Area Master Plan will include an extensive public participation strategy to develop the city's conceptual station design, surrounding land use, development strategies, and transit coooections. Details associated with local station design and development will be shared with the community during this process . l010-59 Refer to Standard Response FB-Response-TR-o3. CALIFORNIA 0 ~~,.,~== • • , feder.~l Rallro~d H~gh·Speed Ratl Authonty Aclmmoslrouo n Page 2G-118 EXHIBIT B-5 SPECIAL CONDITION MAPS </) UJ >= :; >= I. :::> C) ~! =t § <: C) ~~ i ~~ -J ~ ~ I!; (J "' <F r ~i ~ ~ (__r) ----e: "-- tJ " ~ 8;:; a ,.._ffi ~ Cl ~ s~ §. 3l.o. ----Q a: I I g ~~ \...._ "' =t ~ (/) "'::>::> C) <il lr) J:: 3i 0'1 ~ CJ Q G 0 +-- 3/IV )1]11-!1 N ) I :1 f , // ' / '" \ ~ \\\ ~ ~ :l ~""" ' ~~ ~~ " " '· ~ ~ '': ~:~ ~·"·.·. ~:\ '"'. "~ "" '\ ~ ,. #' ~ '":~ .. ~· .. ~~ \: •. " v~o.,. .a '1c~c W PALO .ALTO AVf. ~~" q,<) A;< II-('& ""' ~'?' ~ # ,/' / '\. " ~ .. ~~ .. "". ~~"" '~ !I '(< "" ~ z ~ .~ '* ..,... 1:-e "'"~ ~ ... ·., ... ltf .. ~· "'~ ... ''>-0400 W S!ER .._, ·~-.... ' ·. "" .. ~ " -~ . . !CI.l.£1NITET 1°•150' meSNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 201-4 HIGH SPEED RAIL HSR DESIGN -NEW WAT[R -NEWS£W£R SHEET(S) UT-C4001 UT-C4002 UT-C4003 CITY OF FRESNO Page 2 of 30 . . 8400 W S:ERRA AVf "'~> "'s,., ~ ~ < ~ 7 ~ ~~" # ,. 1-6'-9}-, ~, ~~, A~ .,,. ~ .:..'-~ ~ ~. ~' ~' '~~~' "' .;· /~ / I / ~~ ~~"'~ ~'~-. .... , ~---------= ·~ ~ --,__ -. -~ GENERAL NOTE f3: ALL SEWERS CROSSING THE HSR ROW •AUST BE PROTECTED IN ~CE WITH A STEEL CASING WHICH EXTENDS 10 FEET PAST THE HSR ROW. All SEY.'ERS CROSSING HSR MUST HAVE AN ADDITIONAL REDuNDANT STEEl CASING CAPABLE OF HOLDING THE EXISTING SEWER PIPE INSTALLED PARALLEL TO THE EXISTING SEWER. THE REDUNDANT CASING MUST MAINTAIN THE SLOPE AND ElEVATION 0 THE EXISTING SEWER. 'v % "''"" ~~ "' " ~0-1-N ~c,.. -!:' ,.?"""' "'co,o "'"' / S'..t,-?-~"' RECOHSTRUCr~·· 5£'11£11. :r:t"w~~ SU: GOI£1W.. NOll: fJ '·~ . rt i ~~oc 'A BULLARD AVE f; r.r . I "If ESCALON AVE "' .I "' . . SCAI..£1Hf£ET 1"•1!!10' R'IESNO DEPARTMENT OF PUBLIC UTILITIES fEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WAT[R -N[WSEW[R SHEET(S) UT-C4006 UT-C4028 CITY OF FRESNO Page 3 of 30 "' ...;:;•· ~ .. ,\, -4'"" ' ,-~~ . + ~ ' (l4·00 !h 8Ut..U.RO AVf_ .. "I ... • J. ,_. '"' ,._. of W DOVE.WOOO 1-N W '/;REI~WOOO LN ~, '\: "-l>' l J ~ "\, "'~, ' ~ . ' '~ ''·· ~ 4• "!' $' ~ " It ' " , ~ " " •• \ .... ' . ' ~".:. ·~· ~ ·~ \::"\: ,'\. ' ·~ ~~, ',~ ~~-' -~·\:. ·~\ ·.\\; \ ~\ ·~~\ ' "'\ " I ........ .I ~ '~'"',,, ·,. ~ ...... "' ."--l'• .... W BRCOYl\i!NG A..;f ..o.~ $! ~ ; ~ "' "' ¥ W XI/£WOOD LN ,....., -r: ..,.,. \\r"'RENWOOO LN ~ w ROt:JNWOOO . :..N w ?( '10RUI...5 AI/£. z .. I I d l' Z I ~I z ·, ... ~~ >-.-• r 1 w " ~ :;; r q ' I >II PORTALS AVE ,,, ~~, ~.;J '"l ~· : l• ~ ~ It; z g •:-...'-, '""""" '' .. ,. '·' ~ ~~ '~ ~ " z <;> • ~ :cJ f ........... N I .. SCAI.£""1"[0 ,._ ~~· R'IE&NO DEPARTMENT OF PUBLIC UTILITIES fEBRUARY 201 • HIGH SPEED RAIL HSR DESIGN -NEW WATER -NfWSE:'NfR SH££T(S) UT-C4007 CITY OF FRESNO Page 4 of 30 :--~ .l ~ +: ' ~ § ~ ""ii w ;; ~ i '"">c .. ~<?'\, "'"' ~~ "'"' '~ 5900 W eARSTOW AVE ~9 ~ "' 11-.f'&('~ ~"-~·· .I #' ,, ""' ~,,---~ r \ ... ......_,.,.... : l "}) ~· ' ' ~,1 ., ~· ) ~' ,· #'.,;!I ~I .. ~ ... -< ' .. . ~ . G:_osW(GO MEZ 4} zrr t h,\ .(J ~$ '0 # ,~ W BR' SC~U ~ rtrr ,·.,so· FflESNo DEPARTMENT OF PUBLIC UTILITIES fEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WATER -N(W Sf:WfR SHEE7(S) UT-C4007 UT-C4008 UT-C4009 CITY OF FRESNO Page 5 of 30 1-t;.~ ' <9<'..;> ·-.,~'</~;"' ... ~ '// • "'~0..<' ~ t' ' ' -f>_,, • ' '"o<o ' '··t< :s s:P 5:l ~"-' CONNECT THE NEW a· WATER ~lAIN ·o lHI;_ NEH 14• WATER YAIN iN COLDENSTATE BLVD ,J"" c.J>' 0~ 0-::-~'! ~ /:::! ..._v: !~ .? ~~ (;'? 0~ ""0 0' -<' "CElOC.O.rt:n-i:lJC!Sl-'0 I"" .!r 8' W"T£A \1M!! :o 11'1( A:f.;l fi:Ot. Of :xll.L"JoiS'Arlll,\10 ~ ·1-.-. \ r~ .. -1-_. R£LOCATE M 0.\SIItoiG 12" SEWER 1o1NH 10 THE WEST SIDE OF COU)[H SHTE!l..VO '>( ~ fi(U)Ct,l£tH£ , .. -.a·WJW£fl~ ri)TriC'II£5TScOCOf" QOU)D( st~!t SLVO FREsNo DEPARTMENT OF PUBLIC UTILITIES fEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN CITY OF FRESNO Page 6 of 30 '~ d' ,l ~ ..U::.tt~o<~.--... ~~~r~:: / ~-. ~ I • ~"''•"s '!>_, ~·"t-.. ~-·#! ~·~--,_ PA07£CTII ., . ' --""" ~ II ; I' ~ ~I ~ z fi' -~. "'" "\~.""' "-, "· " " I I GENERAL NOTE "' -. ·~ All SEWERS CROSSING THE HSR ROW MUST BE PROTECTED IN PlACE WITH A STEEL CASING WHICH · EXTENDS 10 FEET PAST THE HSR ROW. /oJ...l SEWERS ~ CROSSING HSR MUST HAVE AN ADDITIONAL REDUNDANT STEEL CASING CAPABLE OF HOLDING THE EXISTING SEWER PIPE INSTALLED PARALLEL TO THE EXISTING SEWER. THE REDUNDANT CASING MUST MAINTAIN THE SLOPE AND ELEVATiON 0 THE EXISTING SEWER. '--r''"" ~ .. Jc "''• '~ "';.. "' "'"" ..... 4;>"" ~ . "" .. .... "" ~ 5' f ~ ,j" ~ "" '~ ;>44:> ,, ~~ .. ~' /""' ,_ ·"' ~··4\ "".~ O:.ISIJHCSEWER-PFIOTrCfiNPUI:E #" " '0. \, 5CAL£1NfTE'f 1"•150' FRESNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WATCR -NEWSE:WfR SHEET($) UT-C4009 UT-C4010 UT-C4011 CITY OF FRESNO Page 7 of 30 ·-~ I!J ,.. L___ RtlOCATE u• N<O ~l"st'\li[!IW.~S -s'-1-1--~"-s,~:.r).9"' ~ "'-'"~ ~~ ,,#' W GETTYSBURG AVE ALiGNMENT ~ ~~ : i ~ ( ~ II" ~ a:! r I 2 , I • i II I i I Ill '\ \ '<\ ' J I' >; _,,<f> ,<Y » • SCAI.£tNft£T ,·.,:;o· R'IESNO .1 DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL ~ HSR DESIGN -NEW WATER w SANT -N£WSE:WfR SHEIT(S) UT-C4013 UT-C4014 UT-C4031 UT-C4032 CITY OF FRESNO Page 8 of 30 • ·"' ,,# fi. i . .~ _-;:. -t I ______ _ (t"--" ~":.!. ... _ ,#'" All A:,JGNM[NT '""" "<''Il"""" :c-... "' ' ~ , ..... ,...... :-..._ -~ ,~ ' ' .,«;>~ ' :...,, .. ' ~'-..: . , .. ~. " ' ' . "<· '\..._· '" ·' <'' "' .,~ ~0 ~"" ' ~; ""~., '-' .. ·, --~-. , .. ' ./ i J I { ~· '\ '---' •.. ... ./ #" •' ·"' #' W GE'ITVSBURG AVf ftPt;NMENT ,# # "' » • SCAI.£1Nf££T 1'•150' FRESNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 201 4 HIGH SPEED RAIL HSR DESIGN -NEW WATER -N£WS£W[R SHEIT(S) UT-C-401-i UT-C4015 UT-C40!6 UT-C4017 UT-C4018 CITY OF FRESNO Page 9 of 30 ~#,<S> '" .· . ' ,, 'Ill ' I}-· . ~~ ~ASHCROFT .l ·.It to . --A.VE -~, __ . .' -~---· ,.. -~~\ 'II il't ! .L • .s> !If . . 5CALE,.Ftrr ,._,~· FRESNo DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WATER -N[WSfW[R SH£f:T(S) UT-C~O!S UT-C40!6 UT-C4017 UT-C4016 CITY OF FRESNO Page 10 of 30 rliS.~ ~ ~~ ,.#· KOTA AVE .VE lf. ~ /I. I .:ll,; I;-~ / t .YJ.,; ./ -~ "" ~",~~ ~ ~8<'-9 ''I' ~ ~-.. '~ ·-.i'~ 4"~01-~ "'v-?,., . -e,q'" 0-0 !tiUXAft TK D:STIIOC ~fi!Er.toM .<f> # )\' "\, . . SCAI..[INFE£T 1"•100' FH:SNo DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL CITY OF FRESNO Page 7 7 of 30 W ROBINSON AVE ----...., '\ I _ W CARLAND A"E_ J J -:~Jj ---" _.J; >v£ . w ~ " :J:'\. ~ AVE ... /'. i' n '!If '~1, II o..u'•JI :<if ~~~ ~~· z : ! li I 1!1 f·h ~. ~ '~. "-" -.•. · ~--.... ' J' q I 'i j! : 'I ,#'·· ~· w ,, :I; y, LANSING WAY ~ , . ' ] I R'IEsNo W DN<OTA --~=-:====~~]_U;;;,;;;:::= DEPARTME~Je,\lJ.JU2~~~C UTILITIES --;w;,;.-.t -"! SCAl.[ ~ ft[T 1"•150' :S> .#' \, "''fJo "_, "1>..--t-Afi.OC~T£ Ttl£ OUSlltG ~~ ... ~~""'n~~lH llehl-Of-""'-V '%"1> ~ HIGH SPEED RAIL HSR DESIGN -NEW WATER -NEWSEWFR SH[O(S) UT-C4020 UT-C4021 UT-C40.B CITY OF FRESNO Page 12 of 30 /' W ~R:NCETON ;.VE ~""' Jf> IICLOC.O.f~ 'flo!£ t~ClSn..C: ~~'Jr~~r~ " ~~ [X~l",_, \. ~ * RiLOU.,l~~TOll-<£ '\\. ' /. , ... "'"" ' ~ ~ W·~T"Y-"'tAY tfi~· R!QoT..,. ~~ "(., / ~" ;;~;p ~ ~ ~X:, "~·," .. ~-. ~'\ ·.' ' \\ ~ . '" ~ ,'\\. ··~ '\~ '\ ' ~ '\\_'\ ' ' "~ ,·\ '' ·,~ ~i _,T ___ .. ..,..,,,,, ~" ~' i~ "( .. ~ \. '"'-~· ,... V( GENERAL NOTE 13: All SEWERS CROSSING THE HSR ROW MUST BE PROTECTED !N PLACE WITH A STEEL CASING WHICH EXTENDS 1 0 FEET PAST iHE HSR W ALL SEWERS CROSSING HSR MUST HAVE AN T:ONAL REDUNDANT STEEL CASING CAP.. :...E OF" HOLDING THE EXISTING SEWER PIPE INSTA PARALLEL TO THE EXISTING SEWER. THE R UNDANT CASING UUST MAINTAIN THE SLOPE ELEVATION 0 THE EXlSTING SEWER ' \ 4~' •. ~ ,.,.... .-.. ' ·~ '\. \, • \ ·"' 4Jf' W FOUNTAJN WAY f> ....... ,, "\, I I 1tJ 1 ·~ SCAU:t4fl0 , ... ,!>0. I R'IESNO 1 DEPARTME~~8,PJ.JU2~~1f uTILITIES I V'l AN01 o'). HIGH SP££0 RAIL SH££T(S) UT-C4022 UT -C-4023 UT-C-4034 CITY OF FRESNO ·~ ''\:,1 Page ', ... " , . 4JP ~' .. " GENERA . OTE I 3 \ ,,#' ALL ERS CROSSING THE HSR ROW MUST BE PR ECTEO IN PLACE w:TH A STEEL CASING ..-iHICH :ENDS 10 FEET PAST THE HSR ROW. All SEWERS CROSS!NG HSR MUST HAVE AN ADDITIONAL '\,x< """· '\ -~·· .. ~ ·. -~. ... __ · -._"' ~ ·. ~ ·, ~:x_ -~~-~n IJ ' ,. '0 REDUNDANT STEEL CASING CAPABLE OF HOLDING THE EXIST:NG SEWER PIPE INSTALL£0 PARALLEL TO THE EXIST:NG SEWER. THE REDUNDANT Ct.SING MUST MAINTAIN THE SLOPE Al•m ELEVAilON 0 THE EXISTING SEWER. ,, . .".:\ ,.,\ '· ''· ''~ ' ~' " \:·. ' ~ '\: •, . ' ' ·,~ ' " ;0. ,. ' ' ';::., " '-\--·~,, ·~ -~ ~~ TT ~·-~ ~-\,~ ....___ ~---~ -~'' \-.-.. ,, ._..._ ,, ' \~: "'"' '~-., ,, ~ ~ ~ "' ~ ':l 0 ~ ~ f+ .. -L,_ ,#'· .. 2.800 W CliNTON AI!£ .. ... \ • , #' "'"' ~ z !::" r • \ \~ .. ~"' >:, --~ ' "' ' ~ W S:~PSON AVE . .....-----------------------.. ... W CORNELL AVE 7Y -~ \ ' ' "' ' -~ \,( ... , ,.# • '-11 M:Ci-iiGAN "liE • • ~ .,-,;,;.. W PRINCETON A.Vf. "\.• ~ ~ ' " .. ~ I 0 ~ SCAL.£1Hft£T 1"•150' R'IESNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 201 ~ HIGH SPEED RAIL HSR DESIGN -NEW WATER -NEW SEWER SHEET(S) UT-C4023 UT -C4024 CITY OF FRESNO Page 14 of 30 w HCWAN AVE L W BfWWN AVE W YALE A.'l FRESNO F PUBLIC UTILITIES DEPARTME~~sRuARY 201 ~ HIGH SPEED RAIL HSR DESIGN -NEW WATER -NEW SEWER SHEIT(S) UT -C4024 UT-C4025 UT-C40.35 CITY OF FRESNO Page 15 of 30 -·,--~-,__tll --____ jl!t. W W£LDON AVE ~-~ -r ,~~~~-~ (~·r -c--;rt·"'. ~ -~J ( --= -----~ ;,~ .... ~\ .\\1 #./ •' / / ,.e. .,_ f/ ~~1f:;fs~· 1•/,\,, 'li II\·-. "\·"' • ·-:: .. ""'' ' .. , ' .. ~~~·~~~. W .. MChit-.;U::Y. AVE -1 -· "f . ::Z ''~\~~. ~\"\ 20()() ... . l -\\\~\•\k----....=±-=~ ~--_ .. --'\ '•' ,,, . Q-.; __.: ,~, .\\\•'0 \' ( ~ "',, ''\"~"\~ \ ' ,, \\~\ ,,, \\ '\ \\~~\~\:1\' 1\\ "~~~,,\ ~ . '\ ~ "'''~ \~ ,. ~~ \\\,~~~~ '~\ \\'-\'~:· '\. \' .\\ ',\'~,'f" \\ \\ ·~\\\(\\~\ ~\ \,\ ~§~''\, \\ \'~~,\~ ~~\ ~~\ \~~~~)\, \\\ \ \,l' ~\.;,\\' ~ ,,\'~;:'\.~~ '\ '.~~. ~. ~~,~~\~ ~ . ·~,,'~\\·X· ~ \~\•:·\11\\\ ·~ , \\\\·\~ • ·~\~~~~ . W PINE A~ • -l' ' ,\~~1\,, . ---..... ~ ~ .. ~~\'\~\~\'-\~ v-' .\\\:\ \'~,~~~·\ ·~I\ I I\ , ,~~\\\ \'-\ \ \~~'\I\ I\\ \ ... , .. , . \ \ ~;¢:\\\ \ ~· 1\1\ \ . \ \~ '.~~~\ . \ '\ •" ,1 --~~ ----, .. 1 ! Vi·j 1 .. {1.·1.· w~ --~1trl ~ li f ~~' W C"IVERSITY AVE . : : ----1 --------------; •. '---~-···-·-_.c~ l.·l·il'~l 1 .. ~ I I' ,Jr . i r. i I ./"' 1/!!1 I~ ~Jj GENERAL TE #3 ,, ij Ill' "' ~ . All St. RS CROSSING THE HSR ROW ~UST BE I 2 "' I ~~TN~E~Ol'}(r!f~~~TTHH: ~J~E~O~SIN:llW~~;.HERS ~ ; 1. z l REg~~~~t~~E~Lu~:S~~ C~A~~r6<t~~~LDING THE ~~. !:1. .1' g 1~.· EXIST:NG SEWER PiPE INSTALLED PARALLEL TO THE I: '!3. : EXISTING SEWER. THE REDUNDAI'IT CASING MUST l ~~.~~J~N THE SLOPE AND ElEVATiON 0 THE EXISTING ~!JJ·t·. ~ . \"\. . I Ill j· ~ c:: ~---·-. .__ ~Ii~·-.--'2oo:_...._~-~--i fF-·,';7;"'-=r:-=:: .. :: .• ~ j}J---=.c= ·-·· ~ ~--~ t .... ' l it: ~ '~ ! !" ~ j! i .... ~ ' cr. ~ I : I li d k !) ~· :·1 ,·~ ft '"'(, ~IHF'Efl 1'•1!10' FResNo DEPARTMENT OF PUBLIC UTlUTlES FEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WATER -NfWSE:WfR SHEET(S) UT-C4026 UT-C4036 UT-C4037 UT-C4038 UT-C4046 CITY OF FRESNO Page 76 of 30 ~ l ;:, ' ~ 1[! I I ·1 : I I ~ I ~ \\ ~ 1[ t .j; '£ l \ ,"-.. J! [ '·I z j , '--...... --__ j' ~·· ! ---J"~.~t .,...4 ,.' ::'."' __ ~~-111 it'' Jl ' . k '-"'-~J ~o~-:____ 'Jw ru l P,· ··I ,, i j ld f' GENERAL NOTE #3 AlL SEWERS CROSSING THE HSR ROW MUST BE !f..+. I PROTECTED IN PLACE Yw!TH A STEEL CASiNG WHICH 1 J EXTENDS 10 FEET PAST THE HSR ROW. ALL SEWERS ' CROSSING HSR ~UST HAVE AN ADDITIONAL ~ REDUNO.I>NT STEEL CASING CAPABLE OF HOLDING THE EXIST!NG SEWER PIPE INSTALLED PARALLEL TO THE EX!ST!NG SEWER. THE REDUNDANT CASING MUST l! .) MAiNTAIN THE SLOPE AND ELEVATION 0 THE EXISTiNG SEWER !l! 1~·· ~ l.r W HEDGES~, l~F· · -··=J I'. 5: : : < .: !t::; Jll li ~ ~l~ ·---"-.....:.:: ! . I Jh a 5ii . . . . '" . . I 1200 w OUII( 'II( ....... ~... •• -··-~·~ ~· ·~~-~· ~ -~ ~ ~ . _ ===-~-~.,... _ -.,. ..:!== . . .=-r=:: ) ' . -. 1--. ~X ···-L_n_ .. ;io-~.u m . · ~ ~~J.. .. $0 -=; ~'~ )£; ~. . ' ---r-l __._ _,._~ ··-~ -~ -J?"'"· w --~ f I) l"'ST.lti.. 12" .,~,...-..JI .. ...,. Oro t,~ t<OATI< SIOC Cf Ol.o\o£ ,o..-E. CONNrel :o na u· ~.M:'-01' lriF3ER. z 2) IHST.O.U ,.. :2" wnr~ -. OM 7H SOo.."l1 SID£ or Ot.N=: ~ .!1 ~si~~r.~~~~~~~w,~r=~ < -' • ~Sot!O " •• r . IiJ I . . SC.O.U:IHfE£T , ... ,!>0 ~SNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH RAIL HSR DESIGN -NEW WATER -NEWSF:WfR SHEET(S) UT-C-4038 UT-C4039 CITY OF FRESNO Page 17 of 30 II !I m ~ !f ./ ,# AVE ,.. .. ..,. 00 "'"',..._ ~·~ .. ~ I ,......,....-~ ·-·-... ..., ~-------· ..._..,, .... -_.---~ ,,:-P-·! ___, .. ~· ~ :~~t 12" ~WON 0!1! H<f I<Oila; 510( Of otM f:: ' .. L->-~ ~V.:..eoto!£Cr~o1!1!:t2"WA·'IO..'olfllni • l) ':~~-~~~;~w~~~~s~~-:_..~-f Jl~;~wu.&<.OI>I"'tOl!ls.ot:()f;lf£0Lfl[l<-lf. 1i ,.,.. . " ~ "· .,.F {.., .~ .. .... ~ i ' '\. 1 i-~ ~ J . ~ ~ 'i I.#'· #" .. I, !: I i I I I II !l" . . SCAI.£,.,Fl:['l ,._,50 R'IESNO RAIL IC UTILITIES HSR DESIGN -NEW WATER -NEWSE'NfR SH£ET(S) UT-C4038 UT-C4039 CITY OF FRESNO Page 18 of 30 _I I" I I I I ! // GENERAL NOTE f3: ALL SEWERS CROSSING THE HSR ROW MUST BE PROTECTED IN PLACE WITH A STEEL CASING WHICH EXTENDS 10 FEET PAST THE HSR ROW. ALL SE'I¥ERS CROSSING rlSR !JUST HAVE #I ADDITIONAL REDUNDANT STEEL CASING CAPABLE OF HOLDING THE EXISTING SEWER PIPE I!ISTALLED PARALLEL TO THE EXISnNG SEWER. THE REOUNOA"ll CASING MUST MAINTAiN THE SLOPE AND ELEVATION 0 THE EXISTING SEWER l' • • ~ .......... 11: .. _____ :.·--· _...,. ___ , ' --~ --i I I j i 1[. -. I ! .. ""-''"""'-~ E .. .. •" ./fl.. r-... ~ n I t ' I I ~' j l ; !I l ! i -~ ). ~\' OUDL£i .4£ _j ,,----., r r i II ~. '. I , u I I I t l : J' I t I I ' ! I J~ I I ' r . .. #'<§> n £ O'JDLt AVE ~ ~ I I! ·~ •.• SC\lEtNf'Etl ,._ ~~-Fft:SNO I DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 201 ~ E JI;~AS .vEJ I i' l' I !I ; I J ;,;'"~ '"! L. . wu, ·~ .. il 1 ~I ·~-~ -.. ~ . . -* -,: I ~ -· ~j l I --..... u ,~, _...__ HIGH ~ t; ~ r ~~-=-·__,......:if>= ·tt ··if"_ -~, .. ' w I· ~ / I; '~ ..:.,, .,, '· \ "•. •,, J .. ,., ·,<§> • I ·~,,r SPEED RAIL HSR DESIGN -NEW W.ATER -NE'NSE'NER SH££T(S} UT-C404l UT-C-4042 UT-C-4051 CITY OF FRESNO Page 79 OF 30 '-..... ~.... •'# •· .. r Jill· 1l1 I . ill 0 C <RA'KL!N A~/ "'J':r-~~ , iJ, ;I :I II t!l I I I t • ..,..t r-l ~ ~ ~! r ;-,· it i ~ 'I 0 ! "' ::l z t 1;l ! ..:\! '/ ~'t-~ ~~.r I~ <,'1' ~ j r "''i>lfll' '''V ~ ~ ' I N ! FRESNO DEPARTMENT OF PUBLIC uTILITIES FEBRUARY 2014 HIGH SPEED RAIL SHEET(S) UT-C4043 UT-C<!-04_.. CITY OF FRESNO Page II I~ k ~ ··~ ~' ,'\:. """ ' I ~ -.. -1 .... . ,., ! I #' ,, FRESNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL SH££T(S) UT-C4043 UT-C4044 CITY OF FRESNO Dooo 0 0 ~ ~ ~~ ""\'\ ,~,-:....~ \. ·~\~ . X ,,,\\~. \_ '\:, \.: ~ _.~, I'-X ·~ , ' /'~ ·~'x •. >< ~>(, x--~~, I~' I ··~·~ r ,,_, "'' .• l' '~\. ... '~, ~'\ i' ·,,. ~~ iii:···~···~·.. ~ ~~(\,~ I ··~~'''• ~~ t'. '" ~\. '. ' 1\ '' """"" . ~·'' ~ ,, . ~· :'\:. ' .c. k·' "~, '~ ~ I ' ~'>.'\·'. · .. ,,_,, ~~ . . .· \ .. i \ '"''' '"· ~. ~" ' ' '\._,., \ ~ ' ' ' ):._\, #:.. ' ~~ '~·\; ~~..e'/ I '' , \;'\,\. , , I .. , ·" " '· ! ')., \~ : '»< -""~\ ~ ,,_ '!s:.r "~~ ... ~ ' ~ d~ ''~ ;%<-/~,,\' ~'''·~· ' 1.,_.. '"\;:~,·~" '·' ' ~ '~ '\ ',, '·~~'\·, "); I -~ '-" ,,, "' \. . '· II ·• ·, ~···~'L. ,~ . '· . ' ' '" ,~ 'II "\: ·~' ~'\ \; ~''""'· ··~ ~ ~~· ... '''· \ ~~~'" ' '->' ,._., . ~~~G , " .,/ '\ ~1 "' SCAI..[IHFHT 1"•1!10 ~ DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WATER -N[WSf:'NfR SH££r(S) UT-C4044 UT-C4045 UT -C4054 CITY OF FRESNO Page 22 of 30 ~ ' /~1 ~ s -"'-' / I ' .._-8',, ·,~ 1,. /. "l "\: .. , :/ l ~' ~ ... '~~ / -'\. "' . ~ \.. ~: '-'' ~ R'IESNO DEPARTMENT OF PUBLIC UTILITIES fEBRUARY 2014 SHEET(S) UT-C4055 UT-C4056 UT-C4057 CITY OF FRESNO Page 23 of 30 i'' ~ t -· [\~~ I·~~ v ~ "-""'~-~ ' ' ,[ ' I I II ~ "' .. ' ' '' ,#'.<f> ' ' ' "'• ·~ "'"' ""' "''«-" .... ,~"' ,o -~-t+--· ' ~ m z ~ ~ ~ ~ ~ "' ~~ . . SCAl£1NFt£T ,._,!10. l-1/GH SPEED RAIL HSR DESIGN -NEW WATER -NEW SEWER SHEET($) UT-C4060 UT-C4061 I CITY OF FRESNO Page 24 of 30 " I ~ ,_..J.. ,_~ . --~ ·. l L l· • ;o-I -~. ~~ II . --_..,_ "' ----• ---~-~ ,./' I r--..;[' --,. I " •.. Jl \ ij~ '" '· l !P\ r I~ '\ ii ,. II ~ ,,l,.,.. r, ...,. ~ I. ., -! ,.ii:SOC ..., ,-.. w ~ 9 • !! ~ <f· ~ ~ ~ ~ # •' ,<f> ! l C'/ ~ .. in ';I .,. • t il-"1'/' ~ .. .,,. l , ··' .v· J' ...--"'.e "'<t, ~ "%-"b 'fa ...... ~ S'~?-~"' #' •' .l i'·1: #'<i' ·•' :;; a. ~ ;w;-T '" fo ~ ii' 0 • .... -.-~ ti ~ .<f> "# .:LGRAI/IA /.Vf ..-. .. > /' ~ in ;'i • w;..+;i-, .... ;< ~~ ~ I •: ~~mr . I , .. ,:!.0· I DEPARTMENT ~LIC UTILITIES FEBRUARY 201 4 I. ~ JJ 1l HIGH , ~ SPEED RAIL HSR DESIGN -NEW WATER -N£WS£W[R SH££T(S) UT-C4061 UT-C-4062 UT-C4063 Uf-C<~.078 UT-C4079 CITY OF FRESNO Page 25 of 30 I • \ 'i t ,. \ I 1' ~ f I ~ ~ GENERAL NOTE I 3; ALL SEWERS CROSSING THE H$R ROW MUST BE PROTECTED IN Ft.ACE WITH A STEEL CASING WHICH EXTENDS 10 F"EET PAST THE HSR ROW. A.l.L S£'1\ERS CROSSING liSR MLJST HAVE AN ADOITICNAL REDUNDANT STEEL CASiNG CAPABLE OF HOLDING THE EXISTING SEWER PIPE INSTALLED PARALLEL TO THE EXISTING SEWER. THE REDUNDANT CASING MUST MA:NTAIN THE SLOPE AND ELEVATION 0 THE EXISTIN G SEWER \. "' ~a <;, ..... ~~ ~ SCAL£fNr£rr ,-.,~· FRESNO DEPARTMENT OF PUBLIC UTILITIES F'E8RUARY 2014 HIGH SPEED RAIL HSR DESIGN -NEW WATER -NfWSEWfR SH££:T(S) UT -C4063 UT-C4064 UT-C4065 UT-C4081 UT-C.o:.QB2 CITY OF FRESNO Page 26 of 30 I \)"o 'o '<-"'~ "1-<?-~ c~rn A,',[ I E JENSEN AVE I t;; I g !§ I " "' .#'· .. !.-'kQ "'"' .. J;. .&J'&. ~, '\; "'"" <1! "•"' ~1:-"' .~("b 1> <?,0 '\ 1'o "'o "-? ·~ ~ "'«-' ' / .# .._,,ERAi_ NOTE f3; 'ALL SEWERS CROSSING THE HSR ROW MUST BE PROTECTED IN PLACE WITH A STEEL CASINC WHICH EXTENDS 10 FEET PAST THE HSR ROW. All SEWERS CROSSiNG HSR MUST HAVE AN ADDITIONAL REDUNDANT STEEL CASING CAPABLE Of HOLDING THE EXISTING SEWER P1PE INSTALLED PARALLEL TO THE EXISTING SEWER. THE REDUNDANT CASiNG MUST MAINTAIN THE SLOPE AJ.,!Q ELEVAllON 0 11-fE EXISTING SEWER. \. \. ' ·, ~ "1-'t. t>1#" "' -e,f~o "' ,<S> #' E C'..ARRETT ME "'" "? l.<;STWC:.oitl"50fL1:1 ~'(CTtt.I'VrCt llll'"CAS;.'IG S£(0C'«J''III.....,_T[f3 ~ I ,.. I ' I I ~ I ::! ~ I 0 lr ! J ~ ! \,__ . ---~ • _j <l ~ ~-., 3600 E JEl #'"' 0 I I I ~ l ~~ SCA:LIHrE£T ,-.. ,~· FflesNo DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 201 ~ HIGH SPEED RAIL HSR DESIGN -NEW WATER -NEW SEWER SH££T(S) UT-C4066 CITY OF FRESNO Page 27 of 30 "' " ~ ,. E DATE A\1£ "' -"" • _, " ~ ~ ; f, ~,. g • .J ~. . "' ' / '" ~ I· • .pi'·' .s-, .. ~ ~C· '>. "'~ "" .. ·'·"' %0 "'"' ~-" ·J).. s·i'yf "'% '<;,. ~< "'q,, '!> 11.,(': "'ol> .. ,., ~ .pif'" ~ ~·"' 1 A~NADAL'f ;..y't' AUGNM£!1.!1 . '· ' '· s c"<o, ~. "' I I /·1 :tN I SCALEIH!Tf:T ,-.. ,~· RlESNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 HIGH SPEED RAIL HSR DESIGN I-NEW WATER -NEWSE:'NfR SHEET(S) UT-C4068 CITY OF FRESNO Page 28 of 30 ' /' q,tf!J"'' fi'lr:;!J .. "{. .. ' """ ,,""' ... ' [ HAkQ'! AV( " " ~ t J. r ~ ~, -. ,..... -__ , . I ~ ~ < il ~~ 'I h • ~I ,.;o-.. I • ... ~ -t. 2800 I ~ r, -r -.<..; • I ,, "'-. ""'-t;,. '(-J'_, ,(> % .._r-~'*''0 r.po "'<t, % , G.. r-P. "> "' ~ " "' ~ "' £ NORTH ,t./£: 1=_10. "..A"'lA;. f r. i. ,. '• ~,p>·<J> • r GO!...DEt~ STAT SCAt£1NF"[['f , .. ~~-fRESNO DEPARTMENT OF PUBLIC UTILITIES rEBRUARY 201 A. I HIGH I SPEED I RAIL HSR DESIGN -NEW WATER -NEW SEWER SHEET(S) UT-C4069 UT-C4070 CITY OF FRESNO Page 29 of 30 r=-MLSCA' ~VE ~II --------------------~ ---------------------------1\ z <( 2 I ~ <( ~ "¢ w u <( _j [L z f-u w • 0 a::: [L 0 z <( w > w w _j Vl _j w w f-Vl .-:::. :-q:¥ (1~. ~ I . . SCAU:!Nn;fl ,._ ,~· ffiESNO DEPARTMENT OF PUBLIC UTILITIES FEBRUARY 2014 l-1/GH l SPEED RAIL HSR DESIGN -NEW WATER -NfWSE'NER SHEET(S) UT-C~072 CITY OF FRESNO Page 30 of 30 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#14-219 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:ROBERT NEVAREZ, Deputy Chief Police Department SUBJECT: *RESOLUTION -9th amendment to the Annual Appropriation Resolution No.2014-95 appropriating $237,600 from the 2014 Byrne Justice Assistance Grant Program award,from the U.S. Department of Justice, Bureau of Justice Assistance (Requires 5 affirmative votes) RECOMMENDATION It is recommended that Council adopt the 9th amendment to the annual appropriation resolution No.2014-95 for $237,600 from the 2014 Edward Byrne Justice Assistance Grant (JAG)program and appropriate funds into the FY 2015 budget. EXECUTIVE SUMMARY The City of Fresno will act as the administrator of these funds. The total award is $300,224, with $237,626 allocated to the City of Fresno. The grant agreement and award was accepted by Council at a regular scheduled meeting held on May 22, 2014. Staff now returns to council for adoption of an amendment to the annual appropriation resolution to appropriate funds into the FY 2015 budget. BACKGROUND The City of Fresno agrees to act as the fiscal agent for the JAG formula funding.The joint application specifies the award distribution to each unit of local government.The Memorandum of Understanding (MOU)identifies each agency’s allocations and the fiscal agent for administration of joint funds. The 2014 Edward Byrne Memorial Justice Assistance Grant (JAG)Formula Program has allocated $300,224 for the Fresno County area.Based on this formula,the City of Fresno will receive $237,626.Fresno County will receive $62,624.These funds will assist in the acquisition of equipment,operational needs/supplies as well as essential support services.The approved spending plan is based on priority needs that are not included in the FY 2015 budget.The proposed items will allow the Fresno Police Department to provide necessary equipment,supplies and support staffing. Specifically,JAG funds will be used to purchase ammunition,equipment for special units,Verizon communication annual costs,as well as cover costs for Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation,grant support,and the Lexipol (policy and procedure)annual subscription.These costs are essential to the department and are not met through local general funds. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-219 Agenda Date:8/21/2014 Agenda #: ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Approval of the proposed JAG spending plan will result in a ‘savings’to the general fund,since the items funded are essential to police operations.There is no match for this grant project and funds are received in advance,deposited into an interest bearing account,where accrued interest is used to support the same objectives of the grant’s approved spending plan. Attachment: AAR 9th Amendment 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 9th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $237,600 FROM THE 2014 BYRNE JUSTICE ASSISTANCE GRANT PROGRAM AWARD, FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: POLICE DEPARTMENT Justice Assistant Grant $ 237,600 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Justice Assistant Grant Revenues: Account: 33104 Fed-Grant $ 237,600 Fund: 22041 Org Unit: 156515 Total Revenues $ 237,600 Appropriations: Account: 51201 Non-Permanent Salaries $ 8,000 54303 Service Contracts-Office Equip 13,000 56101 Clothing & Personal Supplies 55,000 56116 Materials & Parts--Equipment 33,200 56119 Ammunition 30,000 57411 New Machinery & Equipment 35,900 59307 Charges For Telephone Service 62,500 Fund: 22041 Org Unit: 156515 Total Appropriations $ 237,600 - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. THAT the purpose is to appropriate $237,600 from the 2014 Byrne Justice Assistance Grant Program award, from the U.S. Department of Justice, Bureau of Justice Assistance. 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#14-223 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:BRIAN R. MARSHALL, Director Department of Transportation BY:JEFF LONG, Planning Coordinator II Department of Transportation SUBJECT Authorize the Director of Transportation to execute an agreement between the City of Fresno and California State University, Fresno, allowing the university to use its agency-issued identification cards as fare media for access on Fresno Area Express fixed-route buses RECOMMENDATION Staff recommends City Council authorize the Director of Transportation to execute a three-year agreement between the City of Fresno and California State University,Fresno (CSUF)allowing the university to use its agency-issued identification cards for access on Fresno Area Express (FAX) fixed-route buses. EXECUTIVE SUMMARY With the installation of new fare collection equipment in 2013,FAX has the opportunity to accept new fare media.In the original fare collection system procurement,CSUF partnered with FAX to ensure acceptance of its ID cards on board FAX buses.The new system will allow CSUF students,faculty, and staff to swipe their ID cards at the farebox for fare payment.FAX will bill CSUF monthly for all rides provided at a rate of $1.10 per ride.This rate is equivalent to a 12-percent discount off the regular fare.CSUF will fund this program through its Alternative Transportation Fund.The agreement is for three years and will be evaluated on an annual basis. BACKGROUND In 2013,FAX installed Genfare Odyssey Fareboxes capable of accepting various new fare media, including magnetic stripe cards,which are used on various ID cards.CSUF partnered with FAX during the original procurement process as a regional partner.CSUF goal is to reduce parking congestion,improve air quality,and provide an alternative method of arriving on campus.This agreement will allow CSUF students,faculty,and staff to swipe their ID cards at the farebox for fare City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-223 Agenda Date:8/21/2014 Agenda #: agreement will allow CSUF students,faculty,and staff to swipe their ID cards at the farebox for fare payment.FAX will bill CSUF monthly for all rides provided at a rate of $1.10 per ride,which is a 12- percent discount off the regular fare.CSUF will fund this program through its Alternative Transportation Fund. The CSUF campus is served by FAX Routes 38,28,and 9 and Clovis Transit Route 10.Currently, there are over 900 boardings a day at the stops serving the CSUF campus.With the new fare technology and this agreement,FAX will be able to track university ridership independent from other riders.The proposed contract would be for three years,effective upon execution,and will be evaluated on an annual basis. The City Attorney’s Office has reviewed and approved as to form the proposed agreement. ENVIRONMENTAL FINDING Not applicable since the agreement does not constitute a project. LOCAL PREFERENCE Not applicable since City is not purchasing goods or services. FISCAL IMPACT This agreement will have no impact to the General Fund. Attachment Agreement between CSUF and COF through FAX 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#14-232 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 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 SCOTT TYLER, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division BY:ALAN JAMES, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION -Dedicating certain City-owned property as easements for public street,pedestrian walkway,utility and landscape purposes at Pump Station No.349 located at the southwest corner of N. Locan Avenue and E. Andrews Avenue (Council District 4) RECOMMENDATION It is recommended that the Council adopt the attached resolution dedicating certain City-owned property as easements for public street, pedestrian walkway, utility and landscape purposes. EXECUTIVE SUMMARY The City of Fresno Water Division is developing Pump Station No.349 on the southwest corner of North Locan Avenue and East Andrews Avenue in accordance with Conditional Use Permit No.C-13- 157.The Conditions of Approval stipulate that easements are dedicated for public street,pedestrian walkway,utility and landscape purposes.The dedication of those easements requires City Council approval. BACKGROUND The City of Fresno acquired the property at the southwest corner of North Locan Avenue and East Andrews Avenue by the Grant Deed recorded November 14,2008,as Document No.2008-0159222, Official Records of Fresno County.The property is being developed by the City of Fresno’s Water Division as Pump Station No.349 in accordance with Conditional Use Permit No.C-13-157.In order to satisfy the requirements of Conditional Use Permit No.C-13-157,it is necessary to dedicate City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-232 Agenda Date:8/21/2014 Agenda #: to satisfy the requirements of Conditional Use Permit No.C-13-157,it is necessary to dedicate easements for:1)public street purposes as shown on Exhibit “B”,2)public pedestrian walkway purposes as shown on Exhibit “D”,3)public utility purposes as shown on Exhibit “F”and 4)public landscape purposes as shown on Exhibit “H”,said exhibits being incorporated in the attached resolution. ENVIRONMENTAL FINDINGS Environmental Assessment No.C-13-157 was prepared for the construction of Pump Station No.349 with a finding of Mitigated Negative Declaration that the proposed project will not have a significant effect on the environment.The project was approved on February 21,2014.A Notice of Determination was filed on May 27, 2014. LOCAL PREFERENCE Not applicable because the dedication of City-owned property for public purposes does not involve bidding or contracting. FISCAL IMPACT There will be no impact to the City’s General Fund because the City’s Water Division is funding this Council action. Attachments: Vicinity Map Resolution City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DEDICATING CERTAIN CITY. OWNED PROPERTY AS EASEMENTS FOR PUBLIC STREET, PEDESTRIAN WALKWAY, UTILITY AND LANDSCAPE PURPOSES AT PUMP STATION NO. 349 LOCATED AT THE SOUTHWEST CORNER OF NORTH LOCAN AVENUE AND EAST ANDREWS AVENUE WHEREAS, the City of Fresno owns property at the southwest corner of North Locan Avenue and East Andrews Avenue; and WHEREAS, the property is being developed by the City of Fresno's Water Division as Pump Station No. 349 in accordance with Conditional Use Permit No. C-13-157; and WHEREAS, the property was acquired by that Grant Deed recorded November 14,2008, as Document No. 2008-0159222, Official Records of Fresno County; and WHEREAS, in order to satisfy the requirements of Conditional Use Permit No. C-1 3-157, it is necessary to dedicate the following easements: (1) an easement for public street purposes, as described in Exhibit *A" and shown on Exhibit "8"; (2) easements for public pedestrian walkway purposes as described in Exhibit "C" and shown on Exhibit "D"; (3) an easement for public utility purposes as described in Exhibit "E" and shown on Exhibit "F"l (4) an easement for public landscape purposes as described in Exhibit "G" and shown on Exhibit "H". Exhibits "4" through "H" are attached hereto and incorporated in this Resolution. Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1 ol4 Resolution No. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That certain portion of City-owned propefi described in attached Exhibit "4" and shown on attached Exhibit "8" is hereby dedicated as an easement and right-of- way for public street purposes. 2. Those certain portions of City-owned property described in attached Exhibit "C" and shown on attached Exhibit "D" are hereby dedicated as easements and rights-of-way for public pedestrian walkway purposes. 3. That certain portion of City-owned property described in attached Exhibit "E" and shown on attached Exhibit "F" is hereby dedicated as an easement and right-of- way for public utility purposes. 4. That certain portion of City-owned property described in attached Exhibit "G" and shown on attached Exhibit "H" is hereby dedicated as an easement and right- of-way for public landscape purposes. 5. Nothing contained in this resolution shall be deemed or interpreted by any party to cause any interest created in the public pursuant to this resolution to ripen into any title, interest or right of the public against or adverse to the rights of the City of Fresno nor shall this resolution limit, restrict or modify the exemption of public property to title by prescription as defined within California Civil Code Section 1007. 6. The City Clerk of the City of Fresno shall certify to the passage of this resolution and attest thereto under the seal of the City of Fresno. 7. The City Engineer shall cause a City deed number to be assigned to this resolutíon and shall cause this resolution to be recorded in the Office of the Recorder of 2ol4 the County of Fresno, California. The original resolution shall be returned to the City Clerk after recordation and a certified copy thereof shall be filed in the Public Works deed file. ut ilt STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2014. AYES NOES ABSENT ABSTAIN Mayor Approval: Mayor Approval/No Return: ,2014 ,2014 ,2014 ,2014 Mayor Veto: Council Override Vote: APPROVED AS TO FORM: DOUGLAS T. SLOAN CITY ATTORNEY'S OFFICE BY: Tracy Parvanian, Deputy Dated: Attachments: Exhibits "A" through "H" WONNE SPENCE, CMC City Clerk BY: Deputy 4ot4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-233 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 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 BY:JILL GORMLEY, TE, Assistant Traffic Engineering Manager Public Works Department, Traffic and Engineering Services Division SUBJECT BILL NO.B-35 -(For adoption;introduced August 21,2014)Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) RECOMMENDATION Staff recommends that the attached amended Special Speed Zone Ordinance be adopted. EXECUTIVE SUMMARY This City Council agenda item is for the purpose of adopting an amended Ordinance to update the official list of designated special speed zones pursuant to Section 14-1501 of the Fresno Municipal Code (FMC).The update is to reflect speed changes and additions which are needed due to development,increased traffic volumes,annexations,locations left off of previous ordinance and construction of new streets and various locations in the City of Fresno.Engineering and traffic surveys have been completed for each speed zone listed,in order to determine speed limits which are “reasonable and safe”as defined in accordance with the requirements of the California Vehicle Code (CVC). BACKGROUND The CVC authorizes local authorities to determine and regulate speed limits on streets under local jurisdiction,subject to certain requirements.Pursuant to CVC Sections 22357 and 22358,speed limits may be adopted in five (5)miles per hour (mph)increments ranging from 25 mph to 65 mph, and must be justified on the basis of engineering and traffic surveys.At the local level,Section 14- City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-233 Agenda Date:8/28/2014 Agenda #: and must be justified on the basis of engineering and traffic surveys.At the local level,Section 14- 1501 of the FMC provides for an Official List of Special Speed Zones to be kept in the form of an uncodified ordinance.For this reason,it is not necessary to amend the FMC itself each time speed zones are changed or added. A comprehensive speed zone ordinance was adopted by Council on February 1,1965,and minor updates were made on July 26,2005,August 29,2006,September 18,2007,July 22,2008, September 30,2010,September 22,2011 and March 7,2013.This amendment (or regular update) is relatively minor in scope.The updated list includes ten (10)previously “unposted”and/or newly constructed segments of roadway,lowering the speed limit on two (2)segments of roadway,listing two (2)segments omitted from previous Speed Ordinances and removing one (1)road segment that no longer exists.Engineering and traffic surveys in compliance with CVC requirements were completed for each zone listed. The chart below summarizes the proposed speed limit changes and additions: STREET FROM TO PREVIOUS SPEED LIMIT RECOMMENDED SPEED LIMIT Broadway Divisadero Tuolumne 35 MPH 25 MPH Fir Prospect Marks (NP)25 MPH Prospect Herndon Fir (NP)25 MPH Riverside Alluvial Spruce (NP)25 MPH Sixth Herndon Spruce (NP)25 MPH Fancher Creek Tulare Fowler (NP)30 MPH Tulare Argyle Fowler (NP)30 MPH Blythe McKinley Clinton 40 MPH 35 MPH Chestnut Shelbourne Copper (NP)35 MPH Huntington Chestnut Maple 35 MPH1 35 MPH Riverside Spruce Veterans (NP)40 MPH Shaw Blythe Golden State 40 MPH1 40 MPH Veterans Riverside Hayes (NP)40 MPH Copper Chestnut Willow (NP)50 MPH Monterey Broadway Golden State 40 MPH REMOVE* MPH = miles per hour NP = Speed limit “not posted”1 = Not included in previous updates * = Segment of roadway has been removed 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).This exemption applies because this project involves changes to the official list of designated special speed zones for various streets within the City of Fresno.Staff determined under the CEQA Guidelines this project fits within the definition of existing facilities in the 15301(c)Class 1, as Categorically Exempt from further CEQA review.Furthermore,staff has determined that one of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-233 Agenda Date:8/28/2014 Agenda #: the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not used because amending an uncodified ordinance does not include a bid or award a construction or services contract. FISCAL IMPACT No fiscal impact will occur as a result of updating the Special Speed Zone Ordinance.Maintenance and replacement of traffic signs is a regular budgeted expense which will not change as a result of this update. Attachment: Ordinance 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#14-236 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:Mayor’s Office SUBJECT Approve the reappointment of Mary Ann Rogozinski to the Civil Service Board; the appointment of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton to the Fresno Housing Authority 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#14-237 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 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 BY:ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT *RESOLUTION - Adopting the 11th amendment to the Annual Appropriation Resolution 2014-95 recognizing $10,000 in revenue from developer contributions to form the City of Fresno Community Facilities District No. 15 East Copper River Maintenance District (the eastern half of the Copper River Ranch Development, between Silaxo Lane (private street), East Copper Avenue, North Willow Avenue and North Baird Avenue) (Council District 6) (Requires 5 affirmative votes) RECOMMENDATION Adopt the 11th amendment to the Annual Appropriation Resolution No.(AAR)2014-95 recognizing $10,000 in revenue from developer contributions to form the City of Fresno “(City”)Community Facilities District No. 15 East Copper River Maintenance District (“CFD No. 15”). EXECUTIVE SUMMARY Copper River Ranch LLC has deposited $10,000 to cover the costs incurred by the City for the formation of CFD No.15 to fund the Services (defined below)for certain required public improvements associated with this development.The intent of this district is to ensure that the City will have no General Fund obligation related to the improvements.Adoption of the resolution will authorize the use of these deposits for formation related expenditures. (See attached location map) BACKGROUND On July 24,2014,the Copper River Ranch LLC requested that the City form a Community Facilities District to fund the operations and maintenance (“Services”)of certain required public improvements located within public easements associated with the easterly portion of the Copper River Ranch development.Services are as described and permitted by the City of Fresno Special Tax Financing City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-237 Agenda Date:8/21/2014 Agenda #: development.Services are as described and permitted by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5,commencing with Section 53311,of Part 1,Division 2,Title 5 of the California Government Code). In accordance with City policy,the project proponents deposited $10,000 to cover district formation expenses normally incurred by the City.The proposal anticipates that no General Fund money will be used for the project. The purpose of the attached amendment to AAR 2014-95 is to grant staff authorization to access the $10,000 deposit to cover a variety of City-incurred expenditures directly related to the district formation process. The attached resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a project and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered since this item does not include a bid or award of a construction or services contract. FISCAL IMPACT There will be no impact to the General Fund as a result of the recommended action.All expenditures will be covered by CFD No.15 revenue derived from $10,000 in formation fees received from the developer. Attachments:Location Map Resolution Petition City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: CFD#15_11th AAR Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 11th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 TO APPROPRIATE $10,000 IN DEVELOPER CONTRIBUTIONS FOR THE FORMATION OF THE COMMUNITY FACILITIES DISTRICT NO. 15 EAST COPPER RIVER MAINTENANCE DISTRICT 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: PUBLIC WORKS DEPARTMENT CFD#15 EAST Copper River Dist $ 10,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: CFD#15 EAST Copper River Dist Revenues: Account: 34855 Contributions For Facilities $ 10,000 Fund: 30521 Org Unit: 189901 Total Revenues $ 10,000 Appropriations: Account: 51101 Permanent Salaries $ 2,000 51104 Perm Fringe-Health&Welfare 800 53303 Public Relations & Information 1,000 55501 Printing & Binding--O/S Vendor 200 59102 City Attorney Charges 2,800 59117 Overhead 3,200 Fund: 30521 Org Unit: 189901 Project: PW00659 Total Appropriations $ 10,000 Date Adopted: 2 of 2 Date Approved: Effective Date: CFD#15_11th AAR Resolution No. THAT the purpose is to appropriate $10,000 in developer contributions for the formation of the Community Facilities District No. 15 East Copper River Maintenance District. 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 Community Facilities District No. 15 (Gopper River Ranch) PETITION To Greate a Community Facilities District and Related Matters To the Honorable City Council, CITY OF FRESNO 2600 FRESNO STREET FRESNO, CALIFORNI A 93721 Members of the Council: This is a petition to create a Community Facilities District and related matters under the City of Fresno Special Tax Financing Law (Chapter 22 of lhe Fresno Municipal Code) (the "City Law") and it states as follows: L Petitioner. This Petition is submitted by the person (the "Petitioner") (whether one or more) identified below as or for the record owner(s) of the parcels of land identified below (the "Property"). The undersigned warrants to the Cíty that the Petitioner is such owner, or is a legally authorized representative of such owner(s), and that such ownership constitutes ownership of more than 10% of the property described in Section 3 herein. 2. Proceedings Requested. This Petition asks that the City Council undertake proceedings under the City Law to create a community facilities district to be designated "City of Fresno Community Facilities District No. 15 (Copper River Ranch)" (the "District") to levy special taxes in the District. 3. Boundaries. This Petition asks that the territory to be included in the boundaries of the District consist of Assessor's Parcel Numbers: 579074265,579074275,579074285,579074295, 57907430S, 579074315, 579074325, 579074345, 57907437S, 579074385, 579074405, 579074425, 579074445, 57907449,57907452,57907454S,57907456,57907457,57907458S,57907459,579074655, 579074685 , 579074705, 579074785, 579074815, 579220095T, 5792201 I ST, 579220155T , 579260105, 57926011S, 57926012S,57926013S, 579260145, 579260155 totaling approximately 324.35 acres. 4, Purpose. This Petition asks that the District be created and the specialtaxes be levied to finance all or a part of the following maintenance services: to include, wíthout limitation, (a) landscaping, (b) project trails and amenities, (c) roundabouts, (d)decorative paving, (e) local street paving, (f) project entry features, (g) connections to regional trails, (h) parks and equipment (i) concrete curbs, gutters, curb ramps and sidewalks, (j) street name signage, (k) street lighting, (l) street signs, (m) median islands, and (n) storm water management ponds and any special items as approved by the Public Works Department. 5. Election. The Petitioner asks that the special election to be held under the City Law to authorize the special taxes and to establish any appropriations limits for the District be conducted by the City and its officials, using a mailed or hand-defivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on the District under the City Law or as soon thereafter as possible. 6. Waivers. To expedite the compfetion of the proceedings for the District, the Petitioner waives all notices of hearing and all published notices regarding the establishment of the District, notices of election, applicable waiting periods under the City Law for the holding of any public hearing and for election, and all ballot arguments and analysis for the election, it being acknowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived. The Petitioner agrees to timely complete and return a consent and waiver to be provided to Petitioner by the City in order to expedite such proceedings. 7. Authority Warranted. The Petitioner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the formation of the District shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Petitioner for the Property, including any "due-on-encumbrance" claL¡ses under any existing security instruments secured by the Property. lf requested by the City, the Petitioner agrees, at its expense, to supply to the City, current title .evidence so that the City may supply any notice and ballot required under the City Law for the establishment of the District. 8. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it. 9. Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Petition, including any amount of cash deposit required to pay for the City's costs in establishing the District. By executing this Petition, the Petitioner agrees to all of the above. ïhe Property is Fresno County Assessor Parcel No(s): 57 907 4265, 57 907 427 S, 57 907 4285, 57 907 4295, 57907430S, 57907431 S, 57907 4325, 57907 4345, 57 907 437 S, 579074385, 57 907 4405, 57 907 4425, 57 907 4445, 57 907 449, 57 907 452, 57 907 4545, 57 907 456, 57 907 457, 579074585, 57 907 459, 579074655, 579074685, 579074705, 579074785, 5790748 1 S, 57922009ST, 5792201 1ST, 579220155T, 5792601 0S, 57926011 S, 579260125, 579260135, 57926014S, 57926015S and these parcels total approximately 324.35 acres. The property also includes all landscape and hardscape areas in Copper Avenue from Friant Avenue to Willow Avenue and Willow Avenue from Copper Avenue to Silaxo Lane. The Petitioner (record owner) is: Copper River Ranch LLC The address of the above for receiving any notice and ballot is: 1396 W. Herndon Avenue, Suite 101 Fresno, CA 9371 I By: Granville Homes, lnc., its Sole Manager City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-238 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:JEFF CARDELL, Director Personnel Services Department BY:KEN PHILLIPS, Labor Relations Manager Personnel Services Department SUBJECT 1.*Adopt a Side Letter of Agreement on Compensatory Time Off between the City of Fresno (City)and the International Association of Fire Fighters,Local 753 -Unit 5,Non-Management Fire (Fire Basic) 2.*Adopt an Amendment to the Memorandum of Understanding (MOU)between the City of Fresno (City)and the International Association of Fire Fighters,Local 753 -Unit 10 (Fire Management), correcting a clerical error RECOMMENDATIONS It is recommended that Council approve the attached Side Letter of Agreement on the accumulation and use of Compensatory Time Off (CTO)for City employees in Unit 5,represented by the International Association of Fire Fighters, Local 753 (Fire Basic). It is also recommended that Council approve the attached change to the Memorandum of Understanding (MOU)between the City and Unit 10,represented by the International Association of Fire Fighters, Local 753 (Fire Management). EXECUTIVE SUMMARY In July 2014,the City adopted Resolution No.2014-109,to implement changes in wages,hours,and other terms and conditions (“Terms and Conditions”)for employees represented by Fire Basic. Federal law,specifically,29 U.S.Code Section 207 (o)of the Fair Labor Standards Act (FLSA) provides that CTO in lieu of overtime pay for represented employees can only be provided where there is a written agreement with the represented employees’bargaining unit.The attached Side Letter of Agreement would allow for the continuation of CTO for employees in Unit 5,consistent with the requirements of the FLSA. City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-238 Agenda Date:8/21/2014 Agenda #: In addition,on January 30,2014,Council adopted the successor MOU between the City and the Fire Management Unit,for the effective period of August 5,2013 through June 30,2016.The MOU adopted by Council contains a clerical error which could materially affect retirement calculations for employees if not corrected. Council is asked to approve the corrected page. BACKGROUND FIRE BASIC CTO SIDE LETTER:The City and Fire Basic started negotiations on a successor Memorandum of Understanding (MOU)in May,2013.Fire Basic presented offers to its membership on three occasions but the Fire Basic members did not ratify any of the offers.Subsequently,Council adopted Terms and Conditions for the Unit on July 10, 2014. The MOU between the City and Fire Basic has traditionally included a provision which allows firefighters to receive CTO in lieu of overtime under specific circumstances.The Agreement also specifies the amount of compensatory time a firefighter can accrue and provides guidelines for use or cash-out of CTO. The City and Fire Basic have a mutual interest in continuing the practice regarding CTO;however, FLSA requires that the parties have a written agreement before CTO can be used in lieu of overtime. The attached Side Letter meets the requirements of FLSA to continue CTO.Council is asked to approve the attached proposed Side Letter of Agreement on CTO. The City Attorney’s Office has reviewed and approved as to form the Side Letter of Agreement. FIRE MANAGEMENT MOU CLERICAL ERROR:The Fire Management MOU includes a provision on education incentives.The provision should indicate that these allowances are to be included in pension calculations.As a result of a clerical error,an item on page 14 of the MOU was inadvertently shown as deleted or crossed out.The item is in subsection 2.of Article VII,Section F.of the MOU.It reads as follows:“All compensation earned by a member pursuant to education incentive shall be compensable for retirement purposes.”The subsection was at the end of a series of items being deleted. The deletion was extended to the pension provision through clerical error. No representation was made by either the City or the representatives of Fire Management that the subsection was to be deleted.In approving the MOU,Council was not asked to change the provision in the Staff Report. Under normal circumstances,the clerical error would be corrected through action by the City Clerk at the request of the Personnel Services Department;however,Retirement has recommended that the correction be approved by Council because of the potential material effect on retirement calculations. Council is asked to approve the attached Amendment to the MOU with the correction. The City Attorney’s Office has reviewed and approved as to form the Amendment to the Fire Management MOU. ENVIRONMENTAL FINDINGS Not applicable. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-238 Agenda Date:8/21/2014 Agenda #: LOCAL PREFERENCE Not applicable. FISCAL IMPACT There are no new costs associated with continuing CTO for employees in Unit 5,or amending the MOU with Fire Management. Attachments:1) CTO Side Letter of Agreement with Fire Basic 2) Amendment to Fire Management MOU 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#14-252 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:MANUEL A. MOLLINEDO, Director Parks, After School, Recreation and Community Services BY:IRMA YEPEZ-PEREZ, Grant Writer KAREN M. NORRIS, Administrative Manager Parks, After School, Recreation and Community Services SUBJECT * RESOLUTION - 10th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $25,000 from PG&E for the operation of the Summer Cooling Centers (Requires 5 affirmative votes) RECOMMENDATION Staff recommends that the City Council approve the attached resolution appropriating $25,000 from a grant received from Pacific Gas &Electric (PG&E)for the operation of “Cooling Centers”within the City of Fresno. EXECUTIVE SUMMARY PG&E has donated $25,000 to offset operating costs of “Cooling Centers”at four locations within the City of Fresno.Cooling Center grant funds may be used for replacing old inefficient HVAC units,pay for additional staffing beyond PARCS hours of operation,cover utility costs,and also pay for free recreation swim at all of our pools when they are activated. BACKGROUND This is the eighth year that PG&E has stepped forward to assist the City with costs associated with the operation of Cooling Centers.PARCS operates four centers that are open to the public when temperatures reach or exceed 105 degrees.These Cooling Center sites are:Frank H.Ball, Mosqueda,Pinedale,and Ted C.Wills.PG&E is sensitive to the stress that is created when low and moderate income families have to endure Fresno’s summer heat.These Cooling Centers provide a safe comfortable environment for families to relax or take advantage of the recreational opportunities offered at our PARCS facilities. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-252 Agenda Date:8/21/2014 Agenda #: ENVIRONMENTAL FINDINGS The Cooling Centers Program will target existing park sites.By definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from CEQA requirements. LOCAL PREFERENCE Not applicable,this is a grant funded program and does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no fiscal impact to the General Fund.PARCS benefits from the additional grant funds to help operate the centers and open the swimming pools during the extreme summer heat. Attachment:Resolution 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 10th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $25,000 FROM PG&E FOR THE OPERATION OF THE SUMMER COOLING CENTERS 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: PARKS, AFTER SCHOOL, RECREATION & COMMUNITY SERVICES DEPARTMENT General Fund $ 25,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Revenues: Account: 33403 Local-Grant $ 25,000 Fund: 10101 Org Unit: 170801 Total Revenues $ 25,000 Appropriations: Account: 57301 Improvements $ 25,000 Fund: 10101 Org Unit: 170801 Total Appropriations $ 25,000 THAT the purpose is to appropriate $25,000 from PG&E for the operation of the Cooling Center Program. - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-264 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:PATRICK F. FARMER, Deputy Chief Police Department - Investigative Services Division SUBJECT *RESOLUTION - 7th Amendment to the Annual Appropriation Resolution 2014-95 appropriating $94,000 into the FY 15 budget for the Anti-Human Trafficking Task Force Project from the California Office of Emergency Services (CalOES) (Requires 5 affirmative votes) RECOMMENDATION Staff recommends the City Council,Adopt the 7th Amendment to the Annual Appropriation Resolution (AAR)2014-95 appropriating $94,000 into the FY 15 budget for the continuance of the Anti-Human Trafficking Task Force grant project. EXECUTIVE SUMMARY The City of Fresno was granted an extension for the Anti-Human Trafficking Task Force Project funded by the Edward Byrne Memorial Justice Assistance Grant (JAG),to be administered by the CalOES.The grant was scheduled to end June 30,2014,but has been extended through June 30, 2015.The appropriation of funds is needed in the FY 15 budget to utilize all remaining grant funds. Staff requests the City Council adopt the 7th Amendment to the Annual Appropriation (AAR)2014-95 to appropriate $94,000 into the FY 15 budget to continue Anti-Human Trafficking task Force activities and expend all grant funding. BACKGROUND In 2011,City Council accepted grant funding for the Anti-Human Task Force grant project.Funding was made available through Federal 2011 Edward Byrne Memorial JAG.Funds provided will be used to target the ongoing and increasing problem of human trafficking within our jurisdiction. According to the “Human Trafficking in California”report,our state is a top destination for human traffickers.Its immense international border,major harbors and airports,in addition to its large and accelerating immigrant populations,make it a prime target for traffickers.Human trafficking is tied City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-264 Agenda Date:8/21/2014 Agenda #: accelerating immigrant populations,make it a prime target for traffickers.Human trafficking is tied with the illegal arms industry as the second largest criminal enterprise in the world and is the fastest growing criminal enterprise around the world (U.S. Department of Health and Human Services). The US Department of State reports that the impact of human trafficking includes increased criminal and gang activity,child exploitation,public health problems,and depressed wages.The link between human trafficking and other criminal activities such as drug-trafficking,prostitution,money-laundering, forced labor and organized crime cannot be ignored and contributes to increased crime rates,and the violation of human rights. The focus of this project is to increase the identification of trafficking victims through proactive law enforcement tactics. As victims are identified, and through agreements with the Marjaree Mason Center (MMC), Family Healing Center (FHC) and the Fresno County Economic Opportunities Commission (EOC), access to necessary services will be provided to them. Through its Sanctuary and Youth Services (“SYS”), EOC will provide comprehensive services such as referrals to emergency housing, identification documents, and legal services (court documents for custody paperwork and name changes). MMC will provide comprehensive services to the victims such as safety planning, shelter referral, counseling, and legal assistance consisting of filling out and filing restraining orders, assistance with child custody, child support, divorce, immigration, T-Visas, criminal proceedings, and court accompaniment. While this project was augmented in FY 14 with additional funding, it was anticipated to fully expend all funds by June 30, 2014. The State CALOES has granted an extension for FY 15 to spend down all remaining funds. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT The impact to the General Fund will be to minimize General Fund overtime costs to conduct task force operations. The grant will provide funding for continued operations. JPD:ce:lc 08/21/2014 Attachment:7th Amendment to AAR 2014-95 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#14-265 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:PATRICK F. FARMER, Deputy Chief Police Department SUBJECT *RESOLUTION - 8th amendment to the Annual Appropriation Resolution 2014-95 appropriating $42,000 for the Child Sexual Predator Program (CSPP), funding by the US Department of Justice, Office of Community Oriented Policing Services (COPS) (Requires 5 affirmative votes) RECOMMENDATION Staff recommends the City Council,Adopt the 8th Amendment to the Annual Appropriation Resolution (AAR)2014-95 appropriating $42,000 into the FY 15 budget for the continuance of a child sexual predator task force. EXECUTIVE SUMMARY In October 2011 the City Council accepted the award of grant funds for $496,606 from COPS, for the 2011 COPS CSPP. The previous end date was July 31, 2014; however, the City of Fresno was granted an extension of the program to utilize remaining grant funds through January 31, 2015. Due to the extension of time, additional appropriations are needed for the FY 15 budget. BACKGROUND The Fresno Police Department applied for this grant through COPS,which is aimed at reducing and preventing child endangerment and protecting communities from sexual predators.The continued funding will pay for three part-time employees for the purpose of providing maximum available assistance for monitoring,investigating,and registering sexual offenders pursuant to Penal Code § 290 residing within the city of Fresno. Currently,the police department monitors approximately 1,600 registered sex offenders;a growing population of homeless sex offenders is also occurring.The sex offender population (including child sexual predators)is slated to increase resulting from a recent US Supreme Court ruling to downsize City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-265 Agenda Date:8/21/2014 Agenda #: the California prison population by 40,000 inmates. Utilizing funds awarded under the CSPP grant,the police department has allowed the expansion of a proactive response to address the City’s high population of registered sexual offenders.The Fresno Police Department has partnered with the US Marshal’s Service and US Attorney’s Office and established a task force to further protect the citizens of the greater Fresno area.The Violators Of Innocent Children Eradicated (VOICE)Task Force works with state and local agencies by monitoring and registering sex offenders,proactive responses to potential registration violations,and building cases against sex offenders (specifically child) for prosecution. An important aspect to achieve the department’s goal is the management of current registered sex offenders.Maintaining updated offender records will greatly assist the task force in the monitoring and supervision of sex offenders.The increased number of part-time employees who monitor, register and record the location and status of sex registrants is vital for the long-term goal of preventing and reducing sex crimes in this community. The goal of the Fresno Police Department is to prevent registered sex offenders from committing crimes against person(s), and/or children. The Fiscal Year 15 budget included $9,000 in anticipation of the grant end date of July 31,2014, however,due to less expenditures in training and wages for part-time personnel,there are additional grant funds remaining.An extension was requested to utilize these remaining funds and an additional $42,000 is needed to augment the FY 15 budget. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT This grant will not impact the General Fund.The Grant funds will pay for the wages of three part time positions through January 31,2015.These positions are budgeted and funded in FY 15’s General Fund for the remainder of the fiscal year. JP:PF:jg 08/21/2014 Attachment:8th Amendment AAR 2014-95 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#14-271 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:Jeff Cardell, Director Personnel Services Department BY:Leslie Schoener, Senior HR Analyst, Benefits Personnel Services Department SUBJECT Approve an Amendment to the Agreement between the City of Fresno and Avante Behavioral Health Employee Assistance Program RECOMMENDATION It is recommended that the City Council authorize the Personnel Services Director to execute an Amendment to the Agreement between the City of Fresno and Avante Behavioral Health extending the term for an additional three years and to increase the number of counseling sessions provided every six months from three (3) to four (4) at no additional cost. EXECUTIVE SUMMARY The agreement between the City and its Employee Assistance Program (EAP)provider,Avante Behavioral Health,is set to expire on August 31,2014.The services provided under this Agreement for City employees and their family members,residing in the home,include:clinical counseling, educational workshops,management/employer support,and critical incident stress debriefing.The original Agreement approved by Council contained an option to extend for an additional three (3) years. BACKGROUND In June 2011,the Personnel Services Department issued a Request for Proposals (RFP)seeking proposals from experienced employee assistance program providers.Four responses were received. After analysis and review of the responses,and interviewing all four providers that submitted proposals,Avante Behavioral Health,a local licensed health care service plan,was selected.The current Agreement,which is set to expire on August 31,2014,provides an option for an additional three (3)years to August 31,2017.Based upon their performance,increase in the number of counseling sessions provided,and competitive pricing of services,it is recommended that Avante Behavioral Health continue as the City’s EAP provider for an additional three (3)years through City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-271 Agenda Date:8/21/2014 Agenda #: Behavioral Health continue as the City’s EAP provider for an additional three (3)years through August 31, 2017. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE Local preference was not considered because the amendment of a contract does not include a bid or award of a construction or services contract. FISCAL IMPACT At $0.90 per employee per month the total cost of this agreement is not to exceed $110,000 for the three year extension term. Attachments:Amendment to the Agreement between the City of Fresno and Avante Behavioral Health City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ AMENDMENT TO EMPLOYEE ASSISTANCE PROGRAM AGREEMENT BETWEEN THE CITY OF FRESNO AND AVANTE BEHAVIORAL HEALTH This AMENDMENT TO EMPLOYEE ASSISTANCE PROGRAM AGREEMENT ("Amendment") dated as of the 1st day of September, 2014, by and between City of Fresno ("Sponsor"), and AVANTE BEHAVIORAL HEALTH, a California corporation ("Avante"), is to amend the terms of Agreement and expand the number of counseling sessions provided in their scope of services. A. By this Amendment, Avante and the Sponsor agree to extend the term of the Agreement for a three (3) year period ending August 31, 2017, subject to the termination provision of the Agreement. B. Avante will expand their scope of services to increase the number of counseling sessions per issue per person from three (3) to four (4). NOW, THEREFORE, for valuable consideration received, the Agreement is hereby amended, effective September 1, 2014, to increase the number of counseling sessions available to each of the Sponsor's employees and their respective family members residing in their home from three (3) sessions to four (4) sessions within any six (6) month period. In addition, the term of the Agreement is hereby extended through August 31, 2017. Except as amended hereby, all of the other terms and provisions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date written in the first paragraph hereof. Sponsor: CITY OF FRESNO By: _________________________ Name: Jeffrey T. Cardell, Title: Director, Personnel Services Avante: AVANTE BEHAVIORAL HEALTH By: _________________________ Dennis Bourdo, Chief Executive Officer ATTEST: YVONNE SPENCE, CMC City Clerk By: _________________________ Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: _________________________ Brandon M. Collet Deputy City Attorney Amendment to Expanded EAP Agreement Revised 7.31.14.doc City ofEEDEêll=*",---fflEÐiE7¿¿tr-=REPORT TO THE CITYCOUNCIL August 25,2011 FROM: BY: SUBJECT:APPROVE AGREEMENT BETWEEN THE CITY OF FRESNO AND AVANTE BEHAVIORAL HEALTH TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM TO CITY OF FRESNO EMPLOYEES AND AUTHORIZE THE PERSONNEL SERVICES DIRECTOR TO EXECUTE AGREEMENT ON BEHALF OF CITY RECOMMENDATIONS It is recommended that the City Council approve the Agreement between the Gity of Fresno and Avante Behavioral Health and authorize the Personnel Services Director to execute the Agieement on behalf of the City. EXECUTIVE SUMMARY The contract with the existing employee assistance program (EAP) provider expires August 91,20111. ln anticipation of that date, the Personnel Services Department sought proposals in order tı continue offering this service to City employees. EAPs are designed to help employees and their families identify, assess and resolve issues affecting their personal life and/or their job performance. BACKGROUND An employee assistance program (EAP) is designed to help employees and their families identify, assess and resolve issues that may be affecting their personal life and/or their job performance through one-on-one confidential counseling, telephone consultations, and group educational sesslons. The Persınnel Services Dept. issued a Request for Proposals (RFP) in June 2011 seeking proposals for an Employees Assistance Program. Four responses were received. After analysis and review of the responses, Avante Behavioral Health, a local Fresno company, is recommended as they provided the lowest bid for the level of services requested in the RFP. Avante Behavioral Health will provide three (3) visits per issue per member every six(6) months, and unlimited educational and critical incident debriefing sessions, all at a cost of $0.g0 per member per month. Their rate reflects the lowest per member per month charge, and they provided a three (3) year rate guarantee. FISCAL IMPACT Approval of the Agreement will authorize the Personnel Services Director to execute the attached agreement with Avante Behavioral Health to provide an Employee Assistance Program for the next 3 years. The total cost of these services is not to exceed $1 10,160.00. August 17,2011 Attachment: Agreement between city of Fresno and Avante Behavioral Health TERRY A. BOND, Director of Personnel Services Personndl Services Department LESLIE SCHOENER, Senior HR Analyst, Benefits Personnel Services Department AGENDA ITEM NO. I O COUNCIL MEETING O8/25l11 APPROVED BY Pres Date Disposition .'i LA s l25l ! :6c o.Y',z.oaçLtl d)foUF LOO-ø EO()o EO AGREËMENT CITY OF FRESNO, CAt¡FORN¡IA EONISUTT'ANT SERVICES THIS AGREEMENT is made and entered into effective the 1st day of September,2011, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "C|TY"), and Avante Behavioral Health, a California corporatoin (hereinafter referred to as "coNSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional Employee Assistance Program services for the benefit of CITY employees, hereinafter referred to as the "Project;" and WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services as a Employee Assistance Program (EAP) and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Personnel Services Director (hereinafter referred to as "Administrator") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be l<ept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Pedormance. This Agreement shall be effective from the date first set forth above ("Effective Date") and shall continue in full force and effect through August 31, 2014, with a possibility of a three-year extension through August 31, 2017, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any pérformance schedule set forth in Exhibit A. 3. Compensation. (a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $110,160.00, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of CITY business. CITY shall not be obligated to reimburse any expense for which it has not received a detailed invoice with ALL2.1l12-21-10 -1- applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT'S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) lmmediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) ln the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would othenruise be payable as an offset to, but not in excess of, CITY'S damages caused by such failure. ln no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate coud action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. lf it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon Administrator's request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (Ð CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault ALt2.1t12-21-10 -2- or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential lnformation and Ownership of Deçuments. (a) Any reports, information, or other data prepared or assembled by CONSULïANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential lnformation. The term Confidential lnformation for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential lnformation shall be and remain confidential and proprietary in CITY. (b) Any and all writings and documents prepared or provided by CONSULïANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) lf CONSULTANT should subcontract all or any porlion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. lt is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and peform such services in a skillful manner and CONSULTANT agrees to thus perform the services and requíre the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. 7. lndemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, toft or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. ALL2.1t12-21-10 -3- lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. lnsurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. (b) lf at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whetherany insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of CITY, CONSULTANT shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination cif this Agreement. (e) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide insurance protection in favor of CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. 9. Conflict of lnterest and Non-Solicitation. (a) Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in ALL2.1t12-21-10 Exhibit G. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULïANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontracto(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) ln performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT'S subcontractors performing any services on this Project, shall bid for, assist anyone ín the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. GONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, CONSULTANT shall remain responsible for complying with Section 9(b), above. (Ð lf CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section I shall survive expiration or termination of this Agreement. 10. Recyclinq Proqram. ln the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) lmmediately establish and maintain a viable and ongoing recycling program, approved by CITY'S Solid Waste Management Division, for each office and ALL2.1t12-21-10 -5- facility. Literature describing CITY recycling programs is available from CITY'S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (¡i) lmmediately contact CITY'S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (¡¡i) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. GeneralTerms. (a) Except as othenruise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or his/her designee. (b) Records of CONSULTANT'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. ln addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. lf any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to GITY until such action is resolved, or until the end of said time period whichever shall later occur. lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). lf CONSULTANT should subcontract all or any porfion of the work or services to be performed under this Agreement, GONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual ALL2.1t12-21-10 -6- orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, natíonal origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not loe limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. 13. lndependent Contractor. (a) ln the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall pedorm its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and ALL2.1t12-21-10 -7- benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. ln addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. lt is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other. address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Bindinq. Subject to Section'16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assiqnment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shalf be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANI. 17. Compliance With Law. ln providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either pady of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may ALL2.',l112-21-10 I be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governinq Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding; however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headinqs. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of thìs Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. lnterpretation. The parlies acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either pady, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. lf either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other paÍy its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parfies hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This ALL2.1t12-21-10 -9- Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. -10- AtL2.1t12-21-10 lN WITNESS WHEREOF, the parties California, the day and year first above written. CITY OF FRESNO, a California municipal corporation Pérsonnel Services Department ATTEST: REBECCA E. KLISCH Standard Document #ALL2.1has been used without modification, as certified by Personnel Services Department Addresses: CITY: City of Fresno Attention:Terry A. Bond, Director 2600 Fresno Street, First Floor Fresno, CA93721 Phone: (559) 621-6964 FAX: (559) 498-4775 Attachments: have executed this Agreement at Fresno, AVANTE BEHAVORIAL H EALTH, a California Gorporation .OeName: Title: Any Applicable Professional License: Number: Name: Date of lssuance: CONSULTANT: Avante Behavorial Health Attention: D. Duane Oswald , President 1111 E. Herndon Avenue, #308 Fresno, CA 93720 Phone: (559) 261-9060 FAX: (559) 261-9073 1. Exhibit A - Scope of Services 2. Exhibit B - lnsurance Requirements3. Exhibit C - Conflict of lnterest Disclosure Form (if corporation or LLL,Board or LLC, CFO, ry or Assistant the undersigne ALt2.1t12-21-10 Exhibit A SCOPE OF SERVICES Consulta¡rt Servlce Agreernent between City of Fresno ("City") and Avante Behavioral Health ("eonsultant") Emplovee Assistance Proqram (EAP) PROJECT TITLE EAP CLINICAL COUNSELING SERVICES to provide immediate, short-term assistance for employees facing a variet of issues: Three sessions per issue per person every six months; provided at no cost to the member. lssues may include, lout are not limited to, stress/anxiety management, interpersonal relationships, depression, crisis situations, grief/loss, work related issues, substance abuse, transition in the workplace. WORK/LIFE SERVICES to provide employees with relief from everyday stresses: One 30- minute office or telephone consultation for each separate legal or financial matter per person every six months; provided at no cost to the member. Unlimited telephone consulations and access to community resources for child care guidance, elder care guidance, and other daily stresses. EMPLOYEE EDUCATIONAL WORKSHOPS to provide eduction for employees regarding a variety of issues: Unlimited and provided at no additional cost with no minimum attendance requirement. Subject matters may include, but are not limited to, stress-related dysfunction, behavioral problems related to family conflict, child care, elder care, drug and alcohol abuse, marital discord, anger management, communication skill development, team building, personal finance and budgeting, financial assistance, legal assistance. MANAGEMENT/EMPLOYER SERVICES : Unlimited and provided at no additional cost. To offer support to managers and other key personnel to assist finding the employee confidential, effective help for outside issues affecting work performance and mental health. CRITICAL INCIDENT STRESS DEBRIEFING: Provided at no charge, unlimited number of visits to worksite included. ln the event of natural disaster, workplace violence or coworker death, Consultant may provide counseling services. Pagel of2 SCHEÞUtE OF FEES ANIT} EXPENSES $0.90 per employee per month Page 2 of 2 Exhibit B I I\¡SURANCE RESUIREMENTS Gonsulta¡'lt Service Agreement between City of Fresns ("elTY") and Avante Behavioral Health ("GONSULTANIT") Employee Assistance Proqram (EAP) PROJECT TITLE Minimum Scope of lnsurance Coverage shall be at least as broad as: 1. The most current version of lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability. 2. The most current version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers' Compensation insurance as required by the California Labor Code and Employer's Liability lnsurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability. Minimum Limits of lnsurance CONSULTANT shall maintain limits of liability of not less than: 1. General Liability: $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Agreement 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage 3. Employer's Liability: $1,000,000 each accident for bodily injury $1,000,000 disease each employee $1,000,000 disease policy limit Page 1 of 3 4. Professional Liability (Errors and Omissions) $1,000,000 per claim/occurrence $2,000,000 policY aggregate Umbrella or Excess lnsurance ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). Deductibles and Self-lnsured R.etentions CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. Other lnsurance Provisions are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. 2. The coverage shall contain no special límitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. 3. CONSULTANT'S insurance coverage shall be primary and no contribution shall be required of CITY. The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. is written on a claims-made form: 1. The "Retro Date" must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. lnsurance must be maintained and evidence of insurance must be provided for at least 5 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a S-year Page 2 of 3 discovery period. This requirement shall survive expiration or termination of the Agreement. 3. lf coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the effective date of the Agreement, CONSULTANT must purchase "extended reporting" coverage for a minimum of 5 years following the expiration or termination of the Agreement. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by cerlified mail, return receipt requested, has been given to CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsernents for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsernents, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. Acceptabil ity of I nsurers All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California lnsurance Commissioner to do business in the State of California and rated not less than "A-Vll' in Best's lnsurance Rating Guide; or authorized by CITY'S Risk Manager. Verification of Coverage CONSULTANT shall furnish CITY with all cerlificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. Page 3 of 3 Exh!bit C ÞISCLOSURE OF GONFLICT OF ¡NTEREST Employee Assistance Proqram (EAP) PROJECT TITLE YES*NO 1 Are you currently in litigation with the City of Fresno or any of its agents? n X 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? l X 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? n X 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? u X 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?n X þ Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?n X " lf the answerto any question is yes, please explain in full below. Explanation: Additional page(s) attached. Signature -lA (company) * soe (address) (city state zip) (name) $'* City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-277 Agenda Date:8/21/2014 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-32 -(Intro.7/31/2014)(For adoption)-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#14-277 Agenda Date:8/21/2014 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#14-283 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:YVONNE SPENCE, City Clerk City Clerk’s Office SUBJECT Action Pertaining to Repeal of the Four Year Water Rate Plan 1.* BILL NO. B-34 (Intro 7/31/2014) (For adoption) - Adopting the Ordinance 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; RECOMMENDATION BILL NO. B-34 (Intro 7/31/2014) (For adoption) - Adopting the Ordinance 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; EXECUTIVE SUMMARY On July 31, 2014, Council introduced Bill-34, Adopting the Ordinance 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. BACKGROUND On August 15, 2013, the Council adopted Resolution 2013-143, a resolution adopting a four year 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. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-283 Agenda Date:8/21/2014 Agenda #: 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. Pursuant nto a Settlement Agreement, the Council introduced a BILL - (For Introduction) - Adopting the Ordinance 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. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT N/A Attachment: Ordinance Repealing Resolution Nos. 2013-143 and 2013-144 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, REPEALING RESOLUTION NOS. 2013-143 AND 2013-144 ON THE FOUR YEAR WATER RATE PLAN AND RELATED WATER FEES THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL WATER RATE INCREASES. Resolution No. 2013-143 and Resolution No. 2013-144 are repealed. SECTION 2. The repeal shall be in full force and effect as of August 1,2014. Ill ilt ilt Date Adopted: Date Approved Effective Date: City Attorney Approval : Page 1 of 2 Ordinance No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES :NOES : ABSENT : ABSTAIN : Mayor Approval:,2014 Mayor Approval/No Return: 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 [65300e1b/ty] Revised 081 21 4 2014 2014 2014 Page2 of 2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-288 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:Council President Brandau and Councilmember Xiong City Council SUBJECT Approve the appointment of George Railey, Jr. to the Fresno Regional Workforce Investment Board; and Joe Martinez to the Bicycle and Pedestrian Advisory Committee RECOMMENDATION Attachment:[If more than one, pluralize] City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ RECEIVED @G@Pi: I 4.REc 4?M ¡ûil JUL Zrl Rn nF¡1sluo Ree loruR¡- WonrroRcE lruvesruerur BoRRo AppucRloN FoR Appolrurvl ¡rur ctTy cLERI{, FRESilo cA DArE 5-30-2014 Appucnrur lruroRnnnr¡oru Naue: Dr. George Austin Railey, Jr. norruoo*rrr, 1 âYc,rr, tP. 93619 ono*u, COUruTY SUPTRVßORIAL DISTRICT NUMBER FOR RESIDENT'U' AOO*'S', 5 Crw Cou¡vclr. DrsrRrcr NUMEER ron RssloE¡urnr ADDREss (rr nenucnnlr): BusrN'ss AopR¡ss: 1525 E. Weldon Ave. a,rr. Fresno ztp. 93730 ,no*r, 5ss-324-647s :Vice Chancellor of Educalional Seryices and lnst¡tut¡onal Effect¡venessTITTE: EMAIT: CoUNTY SUPËRVIsoRIAL DIsTRIcT NUMBER FoR BusIrurss Aoo*,,,, 3 Crw Courucrr D¡srnrcr NurvrBER FoR BusrNEss ADDRESs (rr nenucRuu): How LoNG HAVE you BEEN EMproyEo By ïHE ABov * Z-v"^r(s) - month(s) Posmoru roR Wu¡cn You AnrApprvrrue Business Representative (must be owner, CEO, COO or other executive with policy-mal<ing or hiring authority of a business that reflects employment opportunities in Fresno County). Attoch nomÍnqtion letter from local business organizotion or trade associotion, E I am seeking appointment by the City of Fresnotl I am seeking appointment by the County of Fresno E Either Please describe your policy-making or hiring authority: How many worl<ers does your company/organization employ? FRWIB IPA A¡:plicatiorr for Appointnlerii Pagtr .l rrf ul v1 .t5JUî{-t0 tr r V Economic Development Agency Representative, including representatives from Chambers of Commerce, Economic Development Agency, Business Councils, etc. Labor Representative. Attact¡ nominotion letter from tocot labor federation, Local Educational Entity Representative, including representatives of local education agencies, school boards, post secondary educational institutions, entities providing adult education and literacy activities, Attach nomination from regianal or local educotion dgency or institution. One Stop Partner. Attdch official documentation that you are a direct grant recipient of one or more of the funds referenced in Attachment A. WIA Title I funded prosrams: Adults, Dislocated Workers, Youth, Job Corps, Youth Opportunity Grants, Native American programs, Migrant and Seasonal FarmWorker programs, Veterans' Workforce programs. WlAnon-Titlelfundedprosrams: Wagner-PeyserActauthorizedunderTitlelllofWlA(Ëmployment Development Department Job Services), Adult Education and Literacy act¡vities authorized under Title ll WlA, Vocatíonal Rehabilitation programs authorized under Title lV of WlA, Welfare-to-Work programs, Senior Community Service Employment activities under Title V of the Older Americans Act, post secondary Vocational Education (Carl D. Perkins) activities, Trade Adjustment Assistance and NAFTA Transitíonal Adjustment Assistance activities, Local veterans' employment representatives and disabled veterans outreach programs, Employment and training activities carried out under the Community Services Block Grant, Employment and training activities carried out by the Depârtment of Housing and Urban Development, Programs authorized under State Unemployment Compensation Laws, CaIWORKS (Welfa re-to-Worl< progra ms ad m inistered by County Welfare Departments. - DROP DOWN MENU OF ALLTYPËSOF FUNDING Appucnrur BncreRourr¡o Educational background, including schools attended, degrees attained and certifications achieved. I have 34 years of work experience in education ranging from K-12 to community college and university graduate program levels. I hold a BME and MME from Eastern Kentucky University, Certìficate in Community College Leadership, CSU Stanislaus and an Ed.D in Higher Education Educational Leadership from the University of the Pacific, Stockton, CA. List past or present City and/or County appointments, elected positions held as well as other professional and community affiliation. Board member of the California Joinl special Populal¡ons Adv¡sory Committee, Board member, West Fresno Family Resource Center, Member ofthe Association of Californ¡a Community College Administrators, Member, of the American Association of Community Colleges FRWI B JPA. Applicaticr r for Ap¡:oirttnrcnt Page )2 ol4 v t 15Jl-.1N1û Briefly explain why you are interested in serving on the Fresno Regional Workforce lnvestment Board. As the Vice Chancellor of Educational Services and lnstitutional Effectiveness for State Center Community College District, I have responsibilities involving the development ofpartnerships with business & industry, supporting worldorce train¡ng and development, international trade and development aswellasCareerandTechnicalEducation(CTE). WorkingwithWlBisanaturalextensionofourdistricfsmissionintheareaofworkforcedevelopmentandtraining. What experience or spec¡al knowledge can you bring to the Fresno Regional Workforce Investment BOafd? PlgaSgl¡StOCCUpat¡Onal eXpefienCeif appliCAble¡ lr¡vexperiencewirhhrshe¡educarionrnrhear€âsorca,eeerpsrhwaydeveropment, curriculum, CTE certif¡catè train¡ng and program development as well as serving as the ChieJ Academic Offìcer of the State Center Community College District will be a valuable resource to the WlB. List any affiliations you or your spouse has with any publ¡c agencies: List any affiliations you or your spouse has with any organ¡zat¡ons rece¡v¡ng funding from the Fresno Regional Workforce lnvestment Board / Fresno Area Workforce Investment Corporation. N/A Do you or an immed¡ate fam¡ly member have any profesúñrilor financial relationship that may presentapotent¡alconflictof interestforthisboard? E¡Vo n Yes (ifyes,pleaseexploin) Do you, or the organization you represent, intend to apply for funds administered by the Fresno Please provide three þ3-) personal or profess¡onal references (include neme, address and telephone number). Reference#1 Dr. Deborah Blue, ' sno, cA 93730 Reference #2 Dr. Jim Riggs, California State University, Stanislaus, One University Circle Turlock, California 95382 FRWIß iPA A¡rplica [ion for Appoin trrrerr I |r'agr. I ol4 v1.t5JUt{,i0 Reference #3 Dr. Sandra Caldwell, Reedley College, 995 N Reed Ave, Reedley, CA 93654 I have read the Fresno County Board of Supervisor's Administrative Policy No. 35 (Attachment B), the City of Fresno Conflict of lnterest Policy (Attachment C) and the Fresno Regional Workforce lnvestment Board Conflict of lnterest Policy (Attachment D) for Board appointees and agree to abide by the policies and procedures at all times while an appointed member of the Fresno Regional Workforce lnvestment Board. St present, to the best of my knowledge, no conflict of interest exists in my serving on this [ -)-ì PLEASE RËÎURN coMPTETED APPLIcATIoN To: Fresno Regionol Workforce lnvestment Board 2725 Kern Street, #208 Fresno, CA 93727 559.490.7100 Ptgtr 4 of zlFRVVI ti JPA Ap¡rticatiorr for A¡rpoirrtrrc.rrt v115.1UN10 ATTACHMENT A One-Stop Fartners Please check the funds for which your organization/agency is a direct grant recipient: WA ffle Lfunded prosrams: tr Adults; tr Dislocated Workers; tr Youth; tr Job Corps: :fl Youth Opportunity grants; tr Native American programs; ! Migrant and Seasonal Farmworker programs; ¡ Veterans'Workforce programs WIA non-Title lfunded proorams: n Wagner-Peyser Act authorized under Title lll of WIA (Employment Development Department Job Services); tr Adult Eduoation and Literacy activities authorized under Title ll of WIA; D Vocational Rehabilitation programs authorized under Title lV of WIA; tr Welfare-to-Work programs; tr Senior Community Service Employment activities under Title V of the Older Amerieans Act; ú Post secondary Vocational Education (Carl D. Perkins) activities; tr Trade Adjustment Assistance and NAFTA TransitionalAdjustment Assistanee ;tr Local veterans'employment representatives and disabled veterans outreach programs; D Employment and training activities carried out under the Community Services block Grant; tr Employment and training activities carried out by the Department of Housing and Urban Development; tr Programs authorized under State Unemployment Compensation laws; { CaWORKS (Welfare-to-Work progrems administered by County Welfare Depar-tments) b' having it enter into a contract or transaction thal would provide direct financial benefit to that former Director, Committee Member, officer or employee or his or her immediate family. ilt. ACKNOWLEDGËMENT This is to acknowledge that I have received a copy of the Fresno County Workforce Investment Board Conflict of Interest Poliry, I underctand that it contains impoftant informát¡on conceming my duties and responsibilities as a Director and/or Committee Member or designated support staff, I also underctand that I have an obligation to famillarize myself with these duties and responsibilities, Dared: ü -?- lt'l Signed: Br-oNc XroNc CouNctI-IvTEMBER, Dtsrrucr 1 CITY OF FRESNO NOTIFICATION OF APPOINTMENT BY COUNCILMEMBER XIONG TO BOARD OR COMMISSION TO: THROUGH: BY: City Council Yvonne Spence, City Clerk Councilmember Blong Xiong Reappointment New appointment Joe MartinezName: Address: Phone: Appointed to:Bicycle and Pedestrian Advisory Committee TermExpiration: 0912015 Crry op FnBsNo CIrv Harr . 2600 FnesNo Srneer . FnnsNo, C¡.u¡on¡rrn 93721-3600. (559) 621-8000 . FAX (559)268-1043 x Kyle Loreto From: Sent: To: Subject: Cindy Bruer Wednesday, July 23,2014 10:17 AM Kelli Furtado; Scott Krauter; Scott Mozier; Kyle Loreto FW:APPIICATION FOR APPOINTMENT TO BOARD OR COMMISSION FYI From: Clerk Sent: Tuesday, July 22,2014 8:07 AM To: Cindy Bruer Subject: FW: APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION From: Webmaster Sent: Monday, July 2L,2014 9:24 PM To: Clerk Subject: APPLICATION FOR APPOINTMENTTO BOARD OR COMMISSION Name: Joe Martinez Home Phone: 559-. { Work Phone: 559-, Home Address: t Work Address: 2336 Calaveras Zip:93721 E-Mail Address: joe. martinez@fresnoeoc.org Council District: 1 OccupatiorVEmployer: Community Relations/Outreach Mngr FEOC Years: 22 Months: 6 Educational Background, Schools Attended, Degrees and Certifications: * Bachelors Degree-Law-Enforcement'California State University, Fresno *Certificate in Alcohol and Drug Counseling-Fresno City College *Alumnus of National Hispanic Leadership Opportunity Program at Standford and American Univesity in Washington, DC Pro fessional and Community Affrliations : Fresno County Foster Care Standards and Oversight Committee Fresno EOC Foster Grandparent Community Advisory Board Anthem Blus Cross Community Advisory Committee National Safe Place California \ilalks For what Board or Commission are you applying? Bicycle Pedestrian Advisory Committee Briefly explain why you are interested in serving on this Board(s) or Commission(s): I would like to serve as an advisory committee member for many reasons. First, to assist the City of Fresno council members in better understanding the reasons why projects dedicated to improving the 1 lives of cyclists and pedestrians are economical, healthy and necessary. not to mention, that I serve as a communty organizer and widely recognized for promoting safety locally and nationally as a respected Ieader. Second, because of the number of pedestrians injured or killed in the City of Fresno, and my comittment to serve as an advocate to reduce such preventable collissions, and finally; becuase I enjoy cycling for recreational purposes along with walking and I desire a healthy and safe community for myself, family and the communitY. Do you or an immediate family member have any professional or financial relationship that may present a potential conflict of interest for this board, commission or similar body? No, I personally do not have any professional or financial relationships that is a conflict of interest nor any of my immediate family members for this board. Provide 3 Personal and Professional References. Provide name, address, and phone number where thev mnv h. reached during the day. Pastor Richard Amparano-', Linda Amparano-1 Bev Shuemake- John and Vanessa McCraken, Sunnvside Bicycles, ( Scott Bennett, , John Martinez,.. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-298 Agenda Date:8/21/2014 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)-Amend 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 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 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. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-298 Agenda Date:8/21/2014 Agenda #: 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™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-211 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 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:JOVI TORIO, PE, Professional Engineer Design Services Public Works Department, Capital Management Division SUBJECT Actions pertaining to the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue - Bid File 3339 (Council Districts 4 and 6) 1.Adopt finding of Categorical Exemption per staff determination,pursuant to Section 15301(c)of the CEQA Guidelines,for the Fresno Street Pavement Overlay from Gettysburg Avenue to Sierra Avenue 2.*RESOLUTION -6th amendment to the Annual Appropriation Resolution No.2014-95 to appropriate $1,332,600 for construction costs on the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue Capital Project in FY 2015 (Requires 5 affirmative votes) 3.Award a Construction Contract to AS Dezign Inc.,of Fresno,California in the amount of $1,077,551 as the lowest responsive responsible bidder for the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue RECOMMENDATIONS Staff recommends that the City Council adopt the finding of Categorical Exemption per staff determination,pursuant to Section15301(c)of the CEQA Guidelines,adopt the 6th Amendment to the Annual Appropriation Resolution No.2014-95 and award a construction contract to AS Dezign Inc.,of Fresno,California in the amount of $1,077,551 as lowest responsive responsible bidder for the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue and authorize the Public Works Director, or his designee, to execute the standard contract on behalf of the City. City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-211 Agenda Date:8/21/2014 Agenda #: EXECUTIVE SUMMARY The asphalt pavement along Fresno Street from Gettysburg Avenue to Sierra Avenue is in a state of disrepair.The proposed asphalt overlay project will correct the existing deteriorated pavement condition and increase the life of the pavement while providing a smooth riding surface for motorists at a reasonable cost.The project is primarily funded with Federal Regional Surface Transportation Program (RSTP) dollars with a local match through Proposition 111 Special Gas tax funds. BACKGROUND In 2011,the City of Fresno was authorized use of Federal RSTP funds from the overlay program to rehabilitate Fresno Street pavement from Gettysburg Avenue to Sierra Avenue.The scope of the project includes wedge grinding,pavement overlay,replacement of damaged traffic detector loops, striping and upgrading the curb ramps to current Americans with Disabilities Act (ADA)standards within the project limits.Public Works Department staff prepared general construction documents for the project. A Notice Inviting Bids was published in the Fresno Business Journal on April 2,2014,and posted on the City’s website and faxed to ten (10)building exchanges.The specifications were distributed to ten (10)prospective bidders.Six (6)sealed bid proposals were received and opened in a public bid opening on May 6,2014.Bids ranged from $1,077,551 to 1,418,354.AS Dezign,Inc.,of Fresno, California submitted a bid in the amount of $1,077,551 and was determined to be the lowest responsive and responsible bidder for the project. A bid appeal was received by Dave Christian Construction Company Inc.,and an appeal hearing was held on July 2,2014,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 AS Dezign Inc.,as the lowest responsive and responsible bidder in his Findings and Recommendations letter dated July 2,2014,attached hereto. The Public Works Department is requesting the City Council approval of the construction contract with AS Dezign,Inc.,following the City Manager’s concurrence with the Independent Administrative Hearing Officer’s recommendation. The bids will expire on August 22, 2014. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301 Class 1 (c) which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use.This exemption applies because this project involves the resurfacing of an existing roadway and does not involve the expansion of the roadway to accommodate additional traffic.The purpose of the project is to increase the life of the pavement and provide a smooth riding surface for the motorists.Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-211 Agenda Date:8/21/2014 Agenda #: LOCAL PREFERENCE The local preference was not implemented based on conditions of the Federal RSTP Grant. FISCAL IMPACT The project is located in Council Districts 4 and 6.The overall cost of the project is $1,321,400 and is funded by $1,148,443 grant from the Federal RSTP and $172,957 Proposition 111 Special Gas Tax funds.$1,077,551 will be used for the construction contract award.The project will not have any impact to the General Fund. Attachments:Annual Appropriation Resolution Evaluation/Bid File 3339/Fiscal Impact Statement Vicinity Map Findings and Recommendation Letter City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 3 Date Approved: Effective Date: Fresno St_6th AAR Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 6th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 TO APPROPRIATE $1,332,600 FOR CONSTRUCTION COSTS ON THE FRESNO STREET OVERLAY CAPITAL PROJECT FROM GETTYSBURG TO SIERRA IN FY 2015 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: PUBLIC WORKS DEPARTMENT Prop.111 - Special Gas Tax $ 100,000 Federal Grants Public Works 1,213,200 Meas C-PW Alloc Bike Facilitie 19,400 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Prop.111 - Special Gas Tax Retained Earnings: Account: 25300 Unreserved/Undesignated $ 100,000 Fund: 20102 Org Unit: 189901 Total Retained Earnings $ 100,000 Appropriations: Account: 57507 Contract Construction $ 100,000 Fund: 20102 Org Unit: 189901 Project: PW00652 Total Appropriations $ 100,000 Date Adopted: 2 of 3 Date Approved: Effective Date: Fresno St_6th AAR Resolution No. Increase/(Decrease) Federal Grants Public Works Revenues: Account: 33114 Federal Reimbursement $ 1,213,200 Fund: 22048 Org Unit: 189901 Total Revenues $ 1,213,200 Appropriations: Account: 51101 Permanent Salaries $ 62,300 51104 Perm Fringe-Health&Welfare 16,300 53402 Specialized Services /Tech 13,000 57507 Contract Construction 1,063,700 59102 City Attorney Charges 1,000 59105 Purchasing - Variable Charge 8,200 59117 Overhead 48,700 Fund: 22048 Org Unit: 189901 Project: PW00652 Total Appropriations $ 1,213,200 Meas C-PW Alloc Bike Facilitie Retained Earnings: Account: 25300 Unreserved/Undesignated $ 19,400 Fund: 22510 Org Unit: 189901 Total Retained Earnings $ 19,400 Appropriations: Account: 57507 Contract Construction $ 19,400 Fund: 22510 Org Unit: 189901 Project: PW00652 Total Appropriations $ 19,400 THAT the purpose is to appropriate $1,332,600 for construction costs on the Fresno Street overlay capital project from Gettysburg to Sierra in FY 2015. Date Adopted: 3 of 3 Date Approved: Effective Date: Fresno St_6th AAR 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#14-221 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division STEVEN C. SON, PE, Capital Projects Manager Public Works Department, Capital Management Division BY:MICHAEL W. HOLLY, PE, Project Manager Public Works Department, Capital Management Division SUBJECT Actions pertaining to the Millbrook Road Diet and Bike Lanes -Shields Avenue to Gettysburg Avenue Project Bid File 3290 (Council Districts 4 and 7) 1.Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(c)(Existing Facilities)of the CEQA Guidelines for the Millbrook Road Diet and Bike Lanes -Shields Avenue to Gettysburg Avenue 2.Award a construction contract with Seal Rite Paving and Grading of Fresno,California in the amount of $350,568 for the Millbrook Road Diet and Bike Lanes -Shields Avenue to Gettysburg Avenue Project RECOMMENDATION Staff recommends that the City Council adopt finding of Categorical Exemption,pursuant to Section 15301(c)of CEQA Guidelines and award a construction contract in the amount of $350,568 to Seal Rite Paving and Grading of Fresno,California,as the lowest responsive and responsible bidder for the Millbrook Road Diet and Bike Lanes -Shields Avenue to Gettysburg Avenue Project,and authorize the Public Works Director,or his designee,to execute the standard contract on behalf of the City. EXECUTIVE SUMMARY The Millbrook Avenue Road Diet project between Shields Avenue and Gettysburg Avenue is identified in the Bicycle,Trail and Pedestrian Master Plan adopted by Council in 2010.The project will City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-221 Agenda Date:8/21/2014 Agenda #: in the Bicycle,Trail and Pedestrian Master Plan adopted by Council in 2010.The project will construct bike lanes by reducing vehicle travel lanes from four to two lanes plus a center two-way left turn lane,also known as a “road diet.”The new striping pattern from Gettysburg to Ashlan and from Dakota to Shields Avenues will match what is already in place from Shaw to Gettysburg and from Ashlan to Dakota Avenues.The project scope will consist of applying a slurry seal and restriping two segments of Millbrook Avenue,each one-half mile in length,in order to accommodate the installation of bike lanes and the center turn lane. This project will not remove any existing on-street parking. BACKGROUND On October 15,2009,Council passed Resolution No.2009-213 to authorize staff to apply for Federal Congestion Mitigation and Air Quality Improvement (CMAQ)grants and acceptance of funds if awarded.In the resolution,the City made a strong commitment that if the project is awarded under the CMAQ grant the project will be delivered in a timely manner.The CMAQ funding was secured through the Fresno Council of Governments (COG),Caltrans and the Federal Highway Administration (FHWA),in accordance with previous Council direction.In the fall of 2009 the City was notified that the CMAQ grant for Millbrook Road Diet and Bike Lane from Shields Avenue to Gettysburg Avenue was awarded to the City.The construction funding from FHWA and Caltrans has now been obligated and the City has been authorized to proceed with the construction phase. In 1998,Millbrook Avenue was restriped as part of a resurfacing project between Gettysburg Avenue and Shaw Avenue,using the same “road diet”configuration in order to improve safety and add the bicycle lanes.The street has a relatively low volume of traffic and functions well with the 3-lane configuration and the bike lanes.Several years ago the segment from Ashlan to Dakota Avenues was restriped as well.The proposed project is consistent with previous Council action and would restripe two half-mile long segments from Gettysburg to Ashlan and from Dakota to Shields Avenues with this same striping pattern,in order to fill in the gaps in the bike lane network,improve safety through the center turn lane and provide connectivity in the transportation network.South of Shields Avenue,Millbrook Avenue becomes a residential street.Millbrook Avenue also terminates at Shaw Avenue and does not carry the higher traffic volumes associated with through north-south streets such as Cedar Avenue or First Street. On October 28,2010,Council adopted Resolution No.2010-236 adopting the Bicycle,Trail and Pedestrian Master Plan with the understanding staff will pursue future project funding.The Bicycle Trail and Pedestrian Master Plan follows the City’s 2025 Fresno General Plan adopted by Council. Prior to adoption of the Bicycle,Trail and Pedestrian Master Plan,staff has constructed numerous bicycle lanes with the master plan in mind. The restriping of Millbrook Avenue will be accomplished by applying a slurry seal treatment to the existing road and to re-stripe the road to accommodate the installation of bike lanes.The project will also upgrade existing curb ramps within the limits of the project to meet current ADA requirements in accordance with Federal and State requirements.This project will not remove any existing on-street parking and according to industry-standard traffic studies per the Highway Capacity Manual,the reduction of travel lanes will not reduce the level of service (“LOS”) for Millbrook Avenue. Staff prepared general construction plans and documents for the Millbrook Road Diet and Bike Lanes -Shields Avenue to Gettysburg Avenue project.A Notice Inviting Bids was published in the Business Journal on February 28,2014,posted on the City’s website and faxed to thirteen (13)building exchanges.The specifications were distributed to nine (9)prospective bidders.Three (3)sealed bidCity of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-221 Agenda Date:8/21/2014 Agenda #: exchanges.The specifications were distributed to nine (9)prospective bidders.Three (3)sealed bid proposals were received and opened in a public bid opening on April 8,2014 with the bids ranging from $350,568 to $556,762.The lowest bidder,Seal Rite Paving and Grading of Fresno,California, is deemed the most responsive and responsible bidder. The bids will expire on August 29, 2014. Staff is recommending award of a construction contract to Seal Rite Paving and Grading in the amount of $350,568 to construct the Millbrook Road Diet and Bike Lanes -Shields Avenue to Gettysburg Avenue Project 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 determined that a Categorical Exemption is appropriate,based on Class 1 Section 15301(c) of the CEQA Guidelines,which exempts the repair,maintenance,or minor alteration of existing structures or facilities,because the project includes upgrade of existing traffic detector loops,ADA compliant curb ramps,crosswalks,signs and pavement striping with no further expansion of existing use.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.Staff recommends that the Council,based upon its own independent judgment,adopt finding of a Categorical Exemption per staff determination,pursuant to Section 15301(c),Class 1 of the CEQA guidelines for the Millbrook Road Diet and Bike Lanes - Shields Avenue and Gettysburg Avenues. LOCAL PREFERENCE The local preference was not implemented based on conditions of the CMAQ grant. FISCAL IMPACT The project is located in Council Districts 4 and 7.This project is funded by $321,800 through CMAQ and $193,000 in the Measure “C”Bike Lane fund.Of this amount,$492,900 is the overall cost of the project which includes $350,568 for construction.The project will not have any direct impact to the General Fund.If the bid is rejected by the Council,the City will be forced to reimburse approximately $33,000 of engineering costs back to FHWA for this project.The reimbursement to FHWA would be required in the event the City attempts to cancel the project after having executed a grant agreement. . Attachments:Bid Evaluation/Fiscal Impact Statement Vicinity Map City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ P R OJECT LOCATION -""* CHURCH z< JÉ2û É.(, Ëã l¡J Ë)tb l¡l d É. fD z5 CITY OF FRESNO DEPARTMENT OF PUBTIC ITORKS PROJECT LOCATION OF MILLBROOK ROAD DIET AND BIKE LANES SHIELDS AVE. TO GETTYSBURG AVE. NOT TO SCAI,E couNcrr DrsTRrcT(s) 4 AND 7 DATE: lfAY 22'2014 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-231 Agenda Date:8/21/2014 Agenda #: RESOLUTION - REPORT TO THE CITY COUNCIL August 21, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:SARA POMARE, MBA, Grant Writer Public Works Department, Administration SUBJECT RESOLUTION -To submit Grant Applications for up to $1,300,000 to Fresno Council of Governments Regional Competitive Active Transportation Program (RCATP)and authorizing the execution of documents by the Public Works Director or Designee RECOMMENDATION Adopt a resolution to submit grant applications for up to $1,300,000 to the Fresno COG RCATP and authorize the execution of documents by the Public Works Director or designee. EXECUTIVE SUMMARY Fresno COG announced a Call for Projects for Cycle One of the RCATP.The purpose of the program is to fund the development of bicycle and pedestrian projects,safe routes to schools or active transportation plans in disadvantaged communities.Staff proposes to submit the following project applications:1)City of Fresno Bicycle/Pedestrian Master Plan update;2)installation of a traffic signal at Clinton Avenue and Thorne Avenue (Hamilton Middle School);3)construction of sidewalks along Orange Avenue between Alta Avenue and Lowe Avenue;and 4)construction of sidewalks along Hughes Avenue between Hedges Avenue and Floradora Avenue (Adams Elementary). BACKGROUND The RCATP was created by Senate Bill 99 and Assembly Bill 101 to encourage increased use of active modes of transportation such as biking and walking.Metropolitan Planning Organizations with large urbanized areas,such as Fresno COG,had the option of either administering a regional call for projects or delegating that responsibility to the State.The COG Policy Board recommended that Fresno COG administer their own regional call for projects and developed criteria applicable to our region for the $3,933,000 they would receive.Because Fresno COG is using different project selection criteria,weighting,minimum project size and a match requirement for its RCATP selection process than the state,Fresno COG obtained California Transportation Commission (CTC)approvalCity of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-231 Agenda Date:8/21/2014 Agenda #: process than the state,Fresno COG obtained California Transportation Commission (CTC)approval prior to administering a regional call for projects.Fresno COG RCATP Guidelines were adopted by the Fresno COG Policy Board on May 29, 2014 and approved by the CTC on June 25, 2014. On June 26,2014,Fresno COG issued a notice announcing the availability of funding and requests for proposals for the RCATP.It may be used to fund the development of bike,pedestrian,safe routes to schools, or active transportation plans in disadvantaged communities. The Public Works Department proposes to submit four new project applications to the 2014 RCATP application cycle: ·City of Fresno Bicycle/Pedestrian Master Plan update $250,000 ·Installation of a traffic signal at Clinton and Thorne (Hamilton Middle School)$450,000 ·Construction of sidewalks along Orange Avenue between Alta and Lowe $216,000 ·Construction of sidewalks along Hughes Avenue between Hedges and Floradora (Adams Elementary)$250,000 ENVIRONMENTAL FINDINGS By the definition in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the applying for grant funds does not qualify as a “project” as defined in CEQA. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT A local match of 11.47%will be required for the direct costs of all projects (All council Districts) selected for funding,in addition with full funding of the City’s indirect costs.Local match funds will be identified through future fiscal year capital budgets,but for pedestrian and bicycle projects,the match is typically funded through gas tax,Measure “C”Bike Lane and Trail funds as appropriate for the particular project. Attachments: Resolution Vicinity Map 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#14-247 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:TIMOTHY V. HENRY, Deputy Fire Chief Fire Department SUBJECT Implementation of Fire Department Self-Inspection Program and Fire Inspection Policy Change Recommendations 1.*RESOLUTION -1st amendment to the Position Authorization Resolution No.2014-96 adding two (2)Fire Inspector positions to the Fire Department and two (2)Fire Inspector positions to the Development and Resource Management Department RECOMMENDATIONS As previously directed by the City Council,it is recommended the Fire Chief implement changes to its General Inspection Program.These changes will result in a reduction of approximately 11,939 non- state mandated fire inspections conducted by the City of Fresno. These changes include: ·Implementation of a Self-Inspection Program (SIP) for non-state mandated inspections ·The movement of residential fire sprinkler inspections to Development and Resource Management (DARM)and the addition of two (2)deleted Fire Inspectors assigned to DARM to complete them ·Reinstitute the inspection of 1,877 non-state mandated high-risk occupancies and the addition of two (2)deleted Fire Inspectors to the Fire Department (FFD)to complete those inspections and maintain the current commercial construction appointment timelines ·Reallocation of other state mandated inspections such as apartment complexes to be conducted by Fire Suppression Personnel In conjunction with the above,staff also recommends the City Council approve and adopt the first amendment to the Position Authorization Resolution 2014-96 adding two (2)Fire Inspector positions City of Fresno Printed on 12/15/2022Page 1 of 4 powered by Legistar™ File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: amendment to the Position Authorization Resolution 2014-96 adding two (2)Fire Inspector positions to the FFD and two (2) Fire Inspector positions to DARM. EXECUTIVE SUMMARY Following the City Council meeting on July 8,2014,in which options were discussed regarding proposed changes to the City’s Fire Inspection Program,staff was directed to return to Council within the next 60 days with proposed changes to the program that would include,at a minimum,the implementation of an SIP for non-state mandated inspections,moving residential fire sprinkler inspection duties to DARM,reallocate other state mandated inspections (e.g.,apartment complexes) to Fresno Firefighters and reduce the number of Fire Inspector positions by six (two vacant positions and four full-time active positions). After further review staff is recommending revisions to the City’s Fire Inspection Program that meet the overall intent of the Council’s direction.The implementation of this plan is scheduled to begin prior to October 1,2014,during which time staff will evaluate the overall effectiveness of the proposed changes and will report back to Council within the next six months regarding compliance and if any additional changes to the program are warranted. BACKGROUND FFD has evaluated the number of inspections that are currently being performed,as well as the effectiveness of various fire departments (Santa Maria,Upland,San Diego,Sacramento City,and Sacramento Metro)who have already implemented an SIP.The following recommendations are consistent with California Fire Code and are intended to strike a balance between the importance of conducting annual fire and life safety inspections and the needs of property owners,who by nature of the business and/or activity, pose a higher risk to the health and safety of the community. Once implemented,10 FTE (Fire Inspector II’s and/or Senior Fire Inspector)will be needed to support the Community Risk Reduction Division (CRRD).Of the six (6)FFD Inspector positions impacted in the FY15 budget,two existing Fire Inspectors slated for deletion would be retained by FFD to perform non-state mandated high-risk occupancy inspections and continue to maintain the current timelines for commercial construction appointments.Two existing Fire Inspectors slated for deletion will be reassigned and funded by DARM,and these two positions will continue to perform residential fire inspections as well as begin cross training Building Inspectors so they too can conduct these types of inspections in the future.Two vacant Fire Inspector positions will be eliminated, maintaining a General Fund savings of $132,600.The reassignment and elimination of two Fire Inspectors will reduce the number of Fire Inspectors assigned to the CRRD by four. In FY14,the total number of fire and life safety inspections completed was 5,375.Also,10,654 occupancy classes were not inspected due to the reduction in staffing.It is anticipated in FY15 through these recommended changes,4,766 fire and life safety inspections will be conducted by FFD personnel,with 2,376 of those assigned to the firefighting force and 2,390 completed by FFD Fire Inspectors. In addition to those inspections performed by staff,FFD will be implementing a new SIP with the goal of 11,939 non-state mandated fire inspections being performed.While the current compliance rate for inspections conducted by Fire Inspectors is 85-90 percent,the SIP program anticipates a 70 City of Fresno Printed on 12/15/2022Page 2 of 4 powered by Legistar™ File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: for inspections conducted by Fire Inspectors is 85-90 percent,the SIP program anticipates a 70 percent compliance rate during the first year due to the newness of the program. Based on the recommended changes, it is anticipated the following will occur: ·513 state mandated fire and life safety inspections,inspected by Fire Inspectors,will continue to be conducted as required by the California Fire Code (Table 1 attached) ·2,376 state mandated apartment complex fire and life safety inspections will be performed by Fresno Firefighters (Table 1) ·1,877 high-risk non-state mandated fire and life safety inspections annually by Fire Inspectors would continue (see Table 2 for details on occupancy type) ·11,939 non-state mandated fire and life safety inspections would be conducted through the implementation of the proposed SIP (Table 3) ·New commercial construction appointments and plan reviews will be conducted by the Fire Department and will remain at nine business days or less ·2,738 residential fire sprinkler construction inspections would move to DARM (along with two Fire Inspectors)with cross training of building inspectors occurring over the next year (Table 4) Self-Inspection Implementation Schedule Prior to the implementation of the proposed SIP,FFD will conduct a series of meetings with various stakeholders such as the Fresno Chamber of Commerce,Apartment Owner’s Association,Hispanic and Black Chambers of Commerce,and the BIA,in an effort to educate businesses and property owners on the new program. This outreach effort will be completed by October 1, 2014. Furthermore,staff has reached out to four major insurance companies in an effort to secure an insurance inspection/life safety form (State Farm,Fireman’s Fund,Global Risk Consultants,FM Global). Staff will continue to research the use of the insurance inspection form,but has included as part of the SIP checklist,that property owners provide FFD with a copy of their insurance form.Additional changes to the program may be implemented once FFD has had an opportunity to evaluate whether the form used by insurance companies duplicates many of the requirements contained in the attached SIP form. In conclusion, it is recommended the following changes be implemented beginning October 1, 2014: ·Letters to 11,939 businesses who qualify for the one-year self-inspection pilot program will be mailed.It is our goal to meet 70 percent compliance by educating them on a new fire and life safety self-inspection pilot program,which will include SIP instructions,forms, online filing options,and phone support.Two attempts,through mailings,will be City of Fresno Printed on 12/15/2022Page 3 of 4 powered by Legistar™ File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: implemented to gain compliance with businesses participating in the SIP. ·FFD will continue to review and process all fire sprinkler plans and send them to DARM within nine days.Responsibility for scheduling,permitting,and inspection of residential fire sprinkler systems will reside with DARM (two Fire Inspectors reassigned). ·Apartment fire and life safety inspections will be assigned to Fresno Firefighters for completion. The data entry component will be completed at FFD headquarters. ·Staff will return to Council in February/March 2015 with an audit of program, implementation results, and offer further revisions/recommendations for consideration. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A - Local preference does not affect the outcome of this Council item. FISCAL IMPACT With a reduction of Fire Inspectors and proposed alternative inspection program outlined above,the fiscal impacts are: ·The elimination of two Fire Inspector II unfilled vacancies saved $132,600 in the General Fund.Retaining two Fire Inspector I/II’s positions in the FFD will be funded through the collection of inspection fees for high-risk,non-state mandated occupancies.In addition,two Fire Inspectors will be reassigned and funded by DARM,maintaining a savings to the Fire Department budget of $162,000. Attachments: -Projected Inspections and Appointments in FY15 -SIP Program Packet -First Position Authorization Resolution City of Fresno Printed on 12/15/2022Page 4 of 4 powered by Legistar™ PROJECTED INSPECTIONS AND APPOINTMENTS TO BE CONDUCTED IN FY15 TABLE 1: STATE MANDATED INSPECTIONS PER YEAR State Mandated Inspections Per Year: Occupancy Type Total No. in COF E’s (i.e., schools) 240 R1’s (i.e., hotels/motels) 142 I3’s (i.e., jails) (Completed by State Fire Marshal) High-rises 16 Fire Clearance Inspections (i.e., care facilities, pre-schools, hospitals, etc.) 115 Total inspections listed above 513 R2’s (i.e., apartments) • To be conducted at the fire station level by fire suppression personnel 2,376 Total State Mandated Inspections 2,889 TABLE 2: NON-STATE MANDATED HIGH-RISK INSPECTIONS PER YEAR * Non-State Mandated High-Risk to Fire/Life Safety Inspections: Occupancy Type Total No. in COF Covered Malls (Fashion Fair and Manchester Shopping Center) 2 A2’s* (i.e., nightclubs/restaurants, etc.) with occupant load of 100+ 238 A3’s* (i.e., churches, movie theaters, stadiums, etc.) with occupant load of 300+ 195 B’s* (i.e., (large offices) McCormick-Barstow, financial buildings at Fig Garden, etc.) 10,000+ sq. ft. and 3-7 stories 70 F’s* (i.e., (manufacturing companies) Capri Sun, Corn Nuts, Gallo Winery, etc.) 12,000+ sq. ft. 121 H* (i.e., high hazard, hazardous materials, etc.) 191 I’s* (i.e., hospitals, care facilities, etc.) 66 M’s* (i.e., (department stores) Target, Lowes, Costco, etc.) 12,000+ sq. ft. 342 S’s* (i.e., (storage facilities) Bairos Recycling, GAP Warehouse, commercial tire warehouse storage, etc.) 12,000+ sq. ft. 652 Total Non-State Mandated Inspections 1,877 * Based on the model code requirement for fire sprinklers and/or fire alarms in each occupancy type Page 1 of 2 TABLE 3: SELF-INSPECTION PROGRAM (SIP) – INSPECTIONS PER YEAR TABLE 4: NEW CONSTRUCTION APPOINTMENTS (PAST 12-MONTHS) *~ Commercial: New Construction (Based on Past 12-months) Commercial (5 years, suppression systems, fire alarms, etc.) inspections • Average inspection time per inspection @ 2.5 hours = 4,340 hours 1,736 Residential: New Construction (Based on Past 12-months) Residential Inspections • Average inspection time per inspection @ 1.0 hours = 2,738 hours 2,738 TABLE 5: PLAN REVIEW (PAST 12 MONTHS) *~ Plan Review (Based on Past 12-months) Building and Site Plan Review/Back Checks 2,378 Fire Alarm Plan Review 243 • Average time per bldg./site plan is 0.75 hours = 1,783.5 hours • Average time per fire alarm plan is 1.5 hours = 364.5 hours * Based on the model code requirement for fire sprinklers and/or fire alarms in each occupancy type ~Includes travel time, inspection time, data entry, research Self-Inspection Program (SIP): Occupancy Type Total No. in COF A’s (i.e., (small restaurants) McDonalds, small churches, etc.) 723 B’s (i.e., (small offices) doctors, veterinarians, banks, etc.) 6,911 F’s (i.e., (manufacturing) Pappy’s Fine Foods, ValPrint, etc.) 214 M’s (i.e., (stores) 7-11, Cold Stone Creamery, etc.) 1,733 S’s (i.e., (storage facilities) repair garages, mini -storage, etc.) 2,358 Total Self-Inspections 11,939 KERRI L. DONIS, CFO, EFO, MSOL FIRE CHIEF Timothy V. Henry, Fire Deputy Chief Community Risk Reduction and Support Services Command (559) 621-4181  FAX (559) 498-4323 Fresno Fire Department  911 H Street  Fresno, CA 93721-3082 July 30, 2014 Dear Business Owner/Manager: In an effort to better serve our community, the Fresno Fire Community Risk Reduction Division has implemented a one year pilot fire and life safety Self-Inspection Program (SIP). This program is designed for the general business that has a “low-hazard” potential for fire and life safety concerns as defined by the California Fire Code and adopted by the State of California. At this time, the program has no fees associated to the business. The SIP will allow “low-hazard” businesses to be self-inspected by the business owner or manager on a 12-month inspection cycle. The intent of this program is to allow you to identify and eliminate common fire and life safety hazards. We encourage you to maintain a fire-safe environment for your employees and customers. In order to make the pilot SIP successful, we have made it user-friendly. By following the simple instructions and using the self-inspection worksheet, you will be able to conduct a fire and life safety inspection of your building. If you have any questions or need help with your self-inspection, the Fire Department is available to answer questions by email at Fire-Prevention@fresno.gov. You may reach staff to assist you at (559) 621-4181. Complete and return the attached form within the next 30 days (see attached directions). To ensure accuracy we will update your emergency contact information currently on file. By providing us with current confidential information, it will be made available to the 911 communication center so you can be notified in the event of an emergency at your business. This provides you with the earliest possible notification, assisting you in restoring your business operations as soon as possible. Finally, it is our understanding that your insurance company conducts on-site inspections annually. Pl ease submit a copy of those inspection records (particularly those related to fire and life safety) within 30 days, along with your self-inspection form. With your support and cooperation, we can make a safer community for those that visit, live, or operate businesses in Fresno. Sincerely, Timothy V. Henry Deputy Fire Chief “To protect and put service above all else.” FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) HOW TO PERFORM YOUR SELF-INSPECTION 1. The person responsible for the business (i.e, owner, manager) must conduct the inspection. 2. The self-inspection form is designed to assist you in performing a fire and life safety inspection. Complete the form by checking the appropriate box. 3. With the form in hand, walk around and through your business until all statements on the form have been addresses. 4. If an item is non-compliant, either correct the problem before submitting the form or check the “no” box. Include what actions will be taken to correct the condition and the estimated date of completion in the comments section at the end of the form. 5. If you are not responsible for maintaining any of the items listed on the form (i.e., fire sprinkler system), list the name and contact information in the comments section at the end of the form. 6. Please note that the self-inspection form must be completed and returned to the Fire Department within 30 days of the date on the cover letter. 7. Return the completed form to: By Mail: Fresno Fire Department Self-Inspection Pilot Program 911 H Street Fresno, CA 93721 OR Scan and Email: Fire-Prevention@fresno.gov OR File On-Line at: www.fresno.gov/xxxxx 8. The Fresno Fire Department may make a random inspection of your business for the purpose of quality control. 9. If the self-inspection form is not returned, your business may be subject to an inspection conducted by the Fresno Fire Department with associated inspection fees. If you have any questions about the one year pilot program, please contact the Fresno Fire Department at (559) 621-4181 or email us at Fire-Prevention@fresno.gov. FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) EMERGENCY CONTACT INFORMATION FORM Address of Business: ____________________________________________________ Apt/Suite Number: ______________________________________________________ Business Name: ________________________________________________________ Business Phone: _______________________________________________________ Owner/Corp. Name: ____________________________________________________ Owner/Corp. Phone: ____________________________________________________ Manager’s Name: ______________________________________________________ Manager’s Home Phone: _________________________________________________ First Person to Notify in Emergencies: ______________________________________ Phone: _______________________________________________________________ Second Person to Notify in Emergencies: ____________________________________ Phone: _______________________________________________________________ Building Owner: ________________________________________________________ Phone: _______________________________________________________________ Insurance Company/Agent Name: __________________________________________ Insurance Company/Agent Address: ________________________________________ Insurance Company/Agent Phone: _________________________________________ Page 1 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) SELF-INSPECTION CHECKLIST BUSINESS NAME: _____________________________________________________ BUSINESS ADDRESS: _________________________________________________ CONTACT NAME/PHONE NUMBER: ______________________________________ Yes No Date Violation Corrected Has a representative of your insurance company come to your business and conducted an on-site, fire and life safety inspection in the past 12 months? If yes, please include a copy of that inspection form when returning the self- inspection checklist. What is the current use of the building? Describe here: Have you made any additions/modifications to the structure or added racks for storage? Have all excessive amounts of combustible waste materials (empty cardboard boxes, trash, etc.) stored inside or outside of the building been removed? In buildings without a sprinkler system: Are materials stored a minimum of two feet below the ceiling? In buildings with a fire sprinkler system: Are materials stored a minimum of 18 inches from the bottom of the sprinkler head? Is the building address clearly visible and large enough to be seen from the street? If you have a lock box for Fire Department access on your building, have you recently changed the locks to the building? If yes, you will need to contact the Fire Department to have the new keys installed in the lock box. Do the electrical panels have 30 inches of clearance in front for easy access? Do all of the electrical junction boxes, outlets and switches have cover plates on them? Page 2 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) Yes No Date Violation Corrected Have all extension cords been removed? Do all the multi-plug power strips have surge protection built in and are they free from damage/splicing? Are all the multi-plug power strips plugged directly into a permanently installed outlet? Has the commercial hood system been cleaned as required in the California Fire Code*? *High-volume cooking (24hr cooking/ charbroiling/wok cooking) – every 3 mos. Low-volume cooking (churches/seasonal business/senior centers) – every 12 mos. Cooking w/solid fuels (wood) – every month All others – every 6 mos. Date of cleaning: Cleaning company: N/A Has the commercial hood extinguishing system been serviced in the past 12 months? Date of service: Servicing company: N/A Have all holes in the walls, ceilings, or doors been properly repaired? In assembly occupancies: have all decorative materials (i.e. curtains) been flame retardant treated? N/A Has the fire sprinkler system been tested in the past 12 months? Date of test: Testing Company: N/A Page 3 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) Yes No Date Violation Corrected Have all painted, damaged, or obstructed sprinkler heads been repaired/replaced? N/A Has the fire alarm system been tested in the past 12 months? Date of test: Testing company: N/A Do your fire extinguishers have a minimum 2A:10B:C rating? Is there at least one fire extinguisher within 75 feet travel distance from all areas of the building? Have all fire extinguishers been serviced within the past 12 months? Date of service: Servicing company: Is there clear access to the fire sprinkler riser(s), fire hydrants, fire department connection (FDC), and all fire lanes? N/A In assembly occupancies: Do you have the maximum occupancy clearly posted near the main entrance? N/A Is there a clear and unobstructed path to all of the exits? Is all of the emergency lighting functioning properly? Are all of the exit doors unlocked and unobstructed when the building is occupied? Are all of the exit signs clearly visible and continuously lit? Are all of the compressed gas cylinders properly secured to prevent falling? N/A Do you store or transport hazardous materials or flammable/combustible materials to/from this location? Is your business license posted in a clearly visible location? Page 4 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) Comments: I certify under penalty of perjury that the responses given are true and correct. Print Name Signature Date Title Page 5 of 5 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-254 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BY:BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division GLENN A. KNAPP, PE, Professional Engineer Department of Public Utilities - Water Division SUBJECT Approve Second Amendment to Agreement with Carollo Engineers, Inc., for the Design of the City of Fresno’s 80-Million Gallon Per Day Southeast Surface Water Treatment Facility and Raw Water Diversion and Conveyance Pipeline and Authorize the Director of Public Utilities or his designee to sign the Amendment on behalf of the City of Fresno (City) RECOMMENDATIONS Staff recommends that City Council: 1.Approve the Second Amendment to the Professional Engineering Consultant Services Agreement with Carollo Engineers,Inc.,increasing the fee amount by $52,867 for a Total Fee amount of $9,427,467 and reduce the contingency amount to $563,533,for design modifications to the Southeast Surface Water Treatment Facility and additional tasks for design of the associated Raw Water Diversion and Conveyance Pipeline. 2.Authorize the Director of Public Utilities,or his designee,to sign the amendment on behalf of the City. EXECUTIVE SUMMARY The City has rolled-out a bold water resource management plan to correct long-term over-utilization of the groundwater aquifer by developing facilities to treat available surface water supplies for potable use.With construction activities anticipated to begin in August 2015,an amendment to the professional consultant services agreement with Carollo Engineers is needed to implement design service changes for the Southeast Surface Water Treatment Facility and to add City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-254 Agenda Date:8/21/2014 Agenda #: Engineers is needed to implement design service changes for the Southeast Surface Water Treatment Facility and to add design services for development of construction contract documents for the associated Raw Water Diversion and Conveyance Pipeline project.This amendment supports the objectives and goals set forth in the City’s Metropolitan Water Resources Management Plan Update (Metro Plan Update)to stabilize and replenish our aquifer to a balanced and sustainable condition by the year 2025. BACKGROUND The City of Fresno overlies the Kings sub-basin of the greater San Joaquin Valley Groundwater Basin,from where it pumps groundwater.The City currently owns,operates,and maintains approximately 275 municipal water wells and a 30- million gallon per day surface water treatment facility in northeast Fresno,to service a population of over 500,000 people. Water resources within this groundwater basin are limited,and currently in a state of overutilization as evidenced by falling groundwater levels and the formation of a cone of depression beneath the City. The City has access to ample surface water supplies through an agreement with the United States Bureau of Reclamation for 60,000 acre-feet of Central Valley Project,Class I Water from the San Joaquin River,and approximately 120,000 acre-feet of Kings River water through an agreement with the Fresno Irrigation District.The need to diversify the City’s potable water supply to include surface water is recognized in the recently adopted Metro Plan Update and associated adopted Urban Water Management Plan.These plans set forth the need to develop new and expand existing surface water treatment facilities.As noted within these water management plans,construction of the City’s second surface water treatment facility is the fundamental component for the promotion of aquifer recovery and long-term sustainability and reliability of the City’s water resources. Through a competitive selection process,Carollo Engineers,Inc.,was selected as the professional engineering design consultant to design the new Southeast Surface Water Treatment Facility (SESWTF).The original professional services contract was approved by Council on June 13,2013.The purpose of this Second Amendment is to modify the existing agreement with Carollo Engineers to perform design changes for the SESWTF that will incorporate construction cost reduction measures without changing facility functional criteria,and to add services for the design of the Raw Water Diversion and Conveyance Pipeline that will deliver Kings River water to the treatment facility (Project).The amendment utilizes existing contract encumbrances and defunds a portion of contract services to cover costs for the requested treatment design changes and the added services for the pipeline design. The Amendment has been “approved as to form” by the City Attorney’s Office. ENVIRONMENTAL FINDINGS On June 19,2014,the City of Fresno City Council certified a Final Environmental Impact Report (FEIR)for the Fresno Metro Plan Update.The FEIR included project level analysis for the SESWTF and raw water diversion and conveyance pipeline. An initial study,Final Environmental Impact Report (FEIR 1)was prepared in April 1996 for the Fresno Metropolitan Water Resources Management Plan (Metro Plan)and a Final Environmental Impact Report (FEIR 2)was prepared on June 19, 2014 for the Metro Plan Update for this Project.An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether subsequent environmental review is required for this Project.Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1.No subsequent changes are proposed in the Project which will require major revisions for FEIR 1 and FEIR 2 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2.No substantial changes occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous FEIR 1 and FEIR 2 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects. 3.There is no new information,which was not known and could not have been known at the time of the previous FEIR 1 and FEIR 2 that the Project will have significant effect not discussed in FEIR 1 and FEIR 2. Based upon these findings,it has been determined that no further environmental documentation is required for this City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-254 Agenda Date:8/21/2014 Agenda #: Project. LOCAL PREFERENCE Local preference is not applicable because an amendment to a contract is not a bid or an award of a construction or services contract. FISCAL IMPACT The project will not have any impact to the General Fund.Funds for this design project were previously encumbered in FY 2014 and are not being changed. Attachments: Second Amendment Exhibit A-2T Exhibit A-2P Exhibit B City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT ("Amendment") made and entered into as of this day of , 2014 , amends the Agreement entered into between the CITY OF FRESNO , a municipal corporation, ("CITY"), and CAROLLO ENGINEERS, INC., a Delaware corporation ("CONSULTANT"). RECITALS WHEREAS , CITY and CONSULTANT entered into a professional services Agreement, dated June 24, 2013 (Agreement) for the design of plans, generation of construction contract documents, and construction support services for the 80 million gallon per day Southeast Surface Water Treatment Facility (SESWTF) which was first amended July 21, 2014 (First Amendment). The First Amendment utilized $225,000 of the original project contingencies for additional services related to the design of the facility electrical sub-station resulting in an adjusted CONSULTANT fee of $9,374,600 and a remaining contingency of $616,400; WHEREAS, CONSULTANT has completed , and CITY has accepted, Part One, Schematic Design Phase (30 percent design submittal); WHEREAS, CONSULTANT has made significant progress toward completion of Part Two, Design Development Phase (60 percent design submittal); WHEREAS, CITY directed CONSULTANT to implement cost saving measures for the treatment facility design that materially and significantly changed 30 percent design submittal, and also CONSULTANT's level of effort and progression toward completion on 60 percent design submittal; WHEREAS, this Amendment consists of design and scope changes for services related to the SESWTF; WHEREAS, field investigations have identified significant challenges related to the use of irrigation canals for raw water conveyance; WHEREAS, CITY desires CONSULTANT provide additional professional engineering services for the design of plans and generation of construction contract documents for a source water pipeline from the Fresno Irrigation District diversion off the Kings River to the treatment facility; WHEREAS, Part Five of CONSULTANT's services for facility design have been deferred and defunded until such time as project construction funding becomes available; WHEREAS, the parties have negotiated an increase in CONSULTANT's compensation within the approved Project budget to perform the work for Parts 1 One through Four under the Agreement, for both the Surface Water Treatment Facility and Raw Water Diversion and Conveyance Pipeline; WHEREAS, CONSULTANT is requesting an additional 189 calendar day extension for a total of 707 calendar days to complete any and all original and amended Part One, Part Two, and Part Three , design components for the Treatment Portion of the Project; and WHEREAS, additionally the parties have negotiated a no cost change in scope to delete development of a basis of design for an administration and corporation yard while adding a scope of work to provide value engineering support services; WHEREAS, CITY now desires to amend the CONSULTANT's scope of work to account for changes in the above stated recitals; and WHEREAS, with entry into this Amendment, CONSULTANT agrees CONSULTANT has no claim, demands or disputes against CITY. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein conditioned, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1. Section 1 of the Agreement, first paragraph , is amended in its entirety to read as follows : Scope of Services and Completion Schedule. CONSULTANT shall perform the services described herein and in Exhibit A, Exhibit A-1, Exhibit A-2T, and Exhibit A-2P to complete the Project more fully described in Exhibit A, Exhibit A-1, Exhibit A-2T, and Exhibit A-2P, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A, Exhibit A-1, Exhibit A-2T, and Exhibit A- 2P. For the purposes of defining the scope of services for the projects covered by the Agreement: Exhibits A, A-1 and A-2T are specific to the Southeast Surface Water Treatment Facility project (Treatment Portion); Exhibit A-2P is specific to the Raw Water Diversion and Conveyance Pipeline project (Pipeline Portion). The combined portions hereinafter are referred to as the "Project". The services of CONSULT ANT shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon CITY's issuance of a written "Notice to Proceed", CITY contracts for the services in Part One. CONSULTANT shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by CITY's issuance of a written 2 "Notice to Proceed ". It shall, however, remain CONSULTANT's offer to perform all remaining parts described herein . In the event CONSULTANT performs services without CITY's prior written authorization, CONSULTANT will not be entitled to compensation for such services . 2. Subsection (a)(1) of Section 1 Scope of Services and Completion Schedule is amended in its entirety to read as follows: CONSULTANT shall review the description of the Project set forth in Exhibit A , Exhibit A-1 , Exhibit A-2T, and Exhibit A-2P and consult with designated representatives of CITY to ascertain the requirements of the Project. 3. Subsection (a)(9) of Section 1 Scope of Services and Completion Schedule is amended in its entirety as follows : Services shall be undertaken and completed in a sequence assuring expeditious completion . All Part One services for the Treatment Portion of the Project shall be rendered and deliverables submitted within 314 calendar days from the issuance of a Notice to Proceed for this Part, unless an extension in time is approved in writing by the Director. All Part One services for the Pipeline Portion of the Project shall be rendered and deliverables submitted within 177 calendar days from the issuance of a Notice to Proceed for this Part , unless an extension in time is approved in writing by the Director. Re-submittals , as necessary to obtain the acceptance of the CITY, shall be submitted to the CITY within 30 calendar days from receipt of CITY'S comments unless an extension of time is approved in writing by the Director. 4. Subsection (b)(5) of Section 1 Scope of Services and Completion Schedule is amended in its entirety as follows: Services shall be undertaken and completed in a sequence assuring expeditious completion. All Part Two services for the Treatment Portion of the Project shall be rendered and del iverables submitted within 253 calendar days from the issuance of a Notice to proceed for this Part unless an extension in time is approved in writing by the Director. All Part Two services for the Pipeline Portion of the Project shall be rendered and deliverables submitted within 133 calendar days from the issuance of a Notice to proceed for this Part unless an extension in time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance of the CITY, shall be submitted to the CITY within 30 calendar days from receipt of CITY'S comments , unless an extension of time is approved in writing by the Director. 5. Subsection (c)(8) of Section 1 Scope of Services and Completion Schedule is amended in its entirety as follows: 3 Services shall be undertaken and completed in a sequence assuring expeditious completion. All Part Three services for the Treatment Portion of the Project shall be rendered and deliverables submitted within 140 calendar days from the issuance of a Notice to Proceed for this Part, unless an extension in time is approved in writing by the Director. All Part Three services for the Pipeline Portion of the Project shall be rendered and deliverables submitted within 11 0 calendar days from the issuance of a Notice to Proceed for this Part, unless an extension in time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance of the CITY shall be submitted to the CITY within 30 calendar days from receipt of CITY'S comments, unless an extension of time is approved in writing by the Director. 6. Subsection (e) of Section 1 Scope of Services and Completion Schedule is hereby deferred and defunded until such time as funding is again made available to complete this work. 7. Subsection (a) of Section 3 Compensation of the Agreement is amended in its entirety to read as follows: CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered for the Project pursuant to this Amendment shall be a total fee of $9,427,467 and a total "not-to-exceed" contingency amount of $563,533 for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. The total Project and contingency cost pursuant to this Amendment is $9,991,000, and is comprised of the Treatment Portion and Pipeline Portion costs and associated contingencies as are more fully described in Exhibit B. 8. Subsection (c) of Section 3 Compensation of the Agreement is amended in its entirety to read as follows: CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to Section 1 of this Amendment for the Project shall be allocated to the remaining Parts of CONSULTANT'S performance as shown in Exhibit B. 9 . Exhibit A of the Agreement is amended to delete Subtask 1.B.1 0 Administration Building and Corporation Yard Basis of Design in its entirety. 10. Work related to the Agreement and this Amendment shall be undertaken and completed in such sequence as to assure expeditious completion, but in any event, work shall be completed on or before the expiration of the respective limits as set forth in the Agreement as amended herein. 4 11. Except as otherwise provided herein , the Agreement and First Amendment entered into by CITY and CONSULTANT on June 24, 2013 , and July 21, 2014, respectively, remain in full force and effect. IN WITNESS WHEREOF , the parties have executed this Amendment at Fresno , California , the day and year first above written. CITY OF FRESNO , a municipal corporation By: ______________________ _ Thomas C. Esqueda, PE , Director Department of Public Utilities ATTEST: YVONNE SPENCE , CMC City Clerk By: ______________________ _ Deputy Date APPROVED AS TO FORM: DOUGLAS T . SLOAN CAROLLO ENGINEERS, I C ., a Dela By: --+--==-~=--__,_+~_____::~- Name lL-4{ WI ') k;vtJ Title : Sv. V; L.t JW-s \ol~+ (if corporation or LLC , Board Chair, Pres . Or Vice Pres .) Name : Title: 7"Y12 C<-S LLf-eJ- 5 (if corporation or LLC , Treasurer, Secretary or AssistantSecretary) pw://Carollo/Documents/Error! Unknown document property name./Error! Unknown document property name. EXHIBIT A-2T SCOPE OF SERVICES CITY OF FRESNO DEPARTMENT OF PUBLIC UTILITIES – WATER DIVISION (CITY) AND CAROLLO ENGINEERS, INC. (CONSULTANT) SOUTHEAST SURFACE WATER TREATMENT FACILITY (Treatment Portion) PURPOSE The purpose of this document is to modify the existing scope of work with Carollo Engineers to perform design changes for the SESWTF. The changes to the scope of work address cost reduction measures and/or changes to the facility design that were not contemplated in Exhibit A. This amendment, Exhibit A-2T, is hereby made a part of the “Agreement for Professional Services” dated June 24, 2013, and First Amendment dated July 21, 2014. Unless otherwise noted in the following sections, Exhibit A and Exhibit A-1 remain unchanged. AGREEMENT REVISIONS 1. Task 0 – Project Management: Assumptions of Exhibit A of the Agreement is amended in its entirety as follows: Assumptions • Duration of Parts One through Four of the Contract is 25 months starting in July 2013 and ending with the completion of Conformed Contract Documents in July 2015. • Duration of Part Five of the Contract is estimated as 32 months. This construction duration includes 30 months for construction and final commissioning from assumed Contractor NTP in August 2015, and 2 months for completion of Record Drawings and Project Closeout following end of construction.” 2. Subtask 0.2 Weekly Progress Meetings: Assumptions of Exhibit A of the Agreement is amended as follows: pw://Carollo/Documents/Error! Unknown document property name./Error! Unknown document property name. Assumptions • 228 meetings (Weekly Progress Meetings only, all project Parts). 3. Subtask 0.3 – Monthly Progress Reports: Assumptions of Exhibit A of the Agreement is amended as follows: Assumptions • CONSULTANT will prepare 57 monthly progress reports (submitted with invoice for previous month’s work). 4. Subtask 1.B.7 – Diversion and Conveyance Basis of Design of Exhibit A of the Agreement is deleted in its entirety. This work will be completed as part of a separate scope of work; see Exhibit A-2P – Raw Water Diversion and Conveyance Pipeline (Pipeline Portion). 5. Subtask 1.B.10 – Administration Building and Corporation Yard Basis of Design is deleted in its entirety. This scope element is no longer required for this project. 6. Add New Subtask Section 1.C.5 – Value Engineering Support Services as follows: Subtask 1.C.5 – Value Engineering Support Services CONSULTANT shall 1) Provide engineering support to the CITY-initiated Value Engineering Study 2) Develop a 30 percent design presentation 3) Attend Value Engineering meetings as requested by the CITY 4) Evaluate Value Engineering proposals 5) Develop and present to the CITY a report of evaluation findings, including estimated construction costs.” 7. Add new Subtask 2.1.1 Treatment Design Modifications as follows: Subtask 2.1.1 – Treatment Design Modifications CONSULTANT shall • Change the pre-treatment system process • Change ozonation dosage rate to reduce ozonation process equipment • Reduce the size, number, and change the configuration of the filter beds and structures; change the filter media pw://Carollo/Documents/Error! Unknown document property name./Error! Unknown document property name. • Modify treated water pump station building configuration and features • Reconfigure process structures and support building layouts • Reconfigure site grading, drainage, stormwater collection, and sanitary sewer to support new structure layouts • Modify configuration and size of the operations and control building • Modify standby generator fuel system and enclosure configuration and size • Reduce the number and change the physical configuration of the solids drying lagoons 8. Paragraphs 1 and 2 of Phase 5 – ENGINEERING SUPPORT DURING CONSTRUCTION of Exhibit A of the Agreement are amended in their entirety as follows: The purpose of the Part Five work is to complete engineering services during construction. The Part Five work will include submittal review, response to Contractor questions, change order assistance, site visits/meetings, and startup assistance. Construction support services include the combined office engineering, and start- up/training services and Project Close Out services. CONSULTANT shall provide the construction support services as described herein. The scope of these services is based on a construction period of 30 months from Contractor notice-to-proceed, which is estimated to occur not later than August 11, 2015. The Scope of Services is based on completion of final commissioning in March 11, 2018, and completion of all Project Close Out services following final commissioning by May 15, 2018. Page 1 of 20 EXHIBIT A-2P SCOPE OF SERVICES CITY OF FRESNO DEPARTMENT OF PUBLIC UTILITIES - WATER DIVISION (CITY) AND CAROLLO ENGINEERS, INC. (CONSULTANT) SOUTHEAST SURFACE WATER TREATMENT FACILITY RAW WATER DIVERSION AND CONVEYANCE PIPELINE (PIPELINE PORTION) PURPOSE CONSULTANT’s scope of services, time of completion and compensation will be as set forth herein. Services shall generally be described as preliminary engineering, final design and bid phase services for the Southeast Water Treatment Facility Raw Water Conveyance Pipeline facilities. This Scope of Services is hereby made a part of the above referenced “Agreement for Professional Services” dated June 24, 2013 and First Amendment dated July 21, 2014. Except as noted herein, Exhibit A and Exhibit A-1 remain unchanged. The City of Fresno (“CITY”) is in the process of designing a new 80 million gallon per day Southeast Water Treatment Facility (“SEWTF”) to provide potable water to users throughout the CITY’s water service area. The SEWTF will be located on a portion of CITY owned property between Fowler Avenue and Armstrong Avenue, just north of Olive Avenue. Raw water for the SEWTF will be supplied by the Fresno Irrigation District (“FID”) via the Fresno Canal - located approximately 13-miles east of the SEWTF site. After an initial review of raw water conveyance alternatives, it has been determined that the preferred alternative will be to construct a raw water diversion facility and transmission pipeline from just west of the Fresno Canal Head gates to the SEWTF site. This project will be completed in four Parts under one (1) single bid package as further described below: Page 2 of 20 • Part One - Schematic Design Phase. The schematic design effort will culminate in a 30-percent (30%) level of design and include: o Confirmation of pipeline routing. o Identification of pipeline design criteria. o Confirmation of pipeline hydraulics. o Engineering support tasks including surveying and geotechnical engineering. o Development of 30% plans. o Identification of anticipated separate Bid Packages. o Development of the Design Memorandum. • Part Two - Design Development Phase. The design development effort will include design services through 60 percent (60%) level of completion, and continuation of engineering tasks necessary to support interagency coordination and project implementation. The design development effort will culminate in a 60 percent design review workshop with CITY staff. • Part Three - Construction Document Phase. The construction document effort will include design services from 60 percent level through 90 and 100 percent design, and continuation of engineering tasks necessary to finalize interagency approval and project implementation. The design development effort will culminate in a 90 percent design review workshop with CITY staff and will culminate with a 100 percent design submittal (i.e. “Bid Ready” Contract Documents). • Part Four - Bidding Phase. The bidding support effort will include answering questions from prospective bidders, and issuing addenda to answer questions on the Contract Documents. The bid period phase will culminate with issuance of Conformed Documents. SCOPE OF SERVICES TASK 0 - PROJECT MANAGEMENT The purpose of this task is to establish and maintain effective project management and communication for the duration of the project for Parts One through Four. Assumptions • Duration of Parts One through Four of the Contract is twenty-one (21) months starting in August 2014 and ending with the completion of Conformed Contract Documents in April 2016. Subtask 0.0 – Project Management and Work Plan CONSULTANT is responsible to lead and manage the efforts of the Project Team, and coordinate with CITY’s Environmental Permitting and Property Acquisition Consultants. CONSULTANT will develop the Project Management and Work Plan to define critical elements of the project, and the metrics to measure successful completion of these elements. The Project Management and Work Plan will define work breakdown structure, budget requirements, schedule and milestone requirements, quality control requirements, and internal and external Page 3 of 20 communication protocol. The plan will also include a graphical summary of project expenditures vs. projected/budgeted expenditures (i.e., “S-curve) throughout the project duration. Assumptions • All elements of the Project Management and Work Plan shall be developed such that they can be compatible and/or transferable to industry standard formats used for Program Management, so they can be incorporated and used by the CITY’s Program Manager. Deliverables • Draft and Final Project Management and Work Plan Subtask 0.1 - Project Kick-Off Meeting The project kick-off workshop will introduce key CITY, Environmental Permitting and Property Acquisition Consultants, and CONSULTANT team members to discuss the Project Management and Work Plan and acquaint participants with the purpose of, and expectations for the project, describe team member roles and responsibilities, describe project procedures, summarize scope and schedule, and review significant issues and project priorities. In particular, the meeting will include time critical elements for permit support and related interagency coordination, as well as property acquisition. Assumptions • None. Deliverables • Agenda and meeting minutes. Subtask 0.2 –Progress Meetings The CITY and CONSULTANT will meet weekly or bi-weekly (as needed) to discuss progress and development of the Project. The meetings will be held at the CITY offices, project site, other locations, or via teleconference as conditions dictate, and as determined to be needed for the benefit of the project. The meeting date will be maintained for a specific day of the week (e.g., each Monday at 9:00). CONSULTANT'S project manager or designee will be present for the meetings and will present a summary of the ongoing work, issues pending, action items, etc. Participants will discuss outstanding or upcoming project issues. CONSULTANT will prepare summary minutes of the progress meetings. An action item list and a decision log will be maintained during the course of the meetings and updated each week. Assumptions • 80 meetings (Progress Meetings only, all project phases) Deliverables • Final meeting minutes distributed electronically within seven (7) calendar days following each meeting. • Decision log distributed within seven (7) calendar days following each meeting. • Summary of Action Items. Page 4 of 20 Subtask 0.3 - Monthly Progress Reports CONSULTANT will prepare monthly project progress reports to summarize the project work progress, issues, and scope and budget status. Monthly progress reports will include: • Scope Report - A narrative progress report of specific accomplishments during the reporting period, problems encountered or anticipated, and work scheduled for the next reporting period. • Cost Report - A report that shows the current period and accumulated expenditures to date, the approved not to exceed fee, the estimated cost of completion, and a comparison of the latter two to show any variation. The cost information will not be more than one month old and include allowance for unbilled costs. The cost report will include design or task percent complete versus scope task. The cost report will include a separate accounting and detail of expenditures for any approved additional services. • Schedule Report - A report that compares actual progress to planned performance. The report will include a description of known or possible impacts on the schedule, and a presentation of deliverable submittal dates. The schedule report will be updated monthly. • Invoices - A summary of labor expenditures, direct costs, and billed subconsultant charges. Invoices, transmitted separately from the Progress Reports, will be organized such that the billing categories for scope of services tasks correspond with the four Parts identified in this Scope of Services. Assumptions • CONSULTANT will prepare monthly progress reports. (submitted with invoice for previous month’s work). Deliverables • Monthly progress report (electronic file in MS Word and/or PDF). • Monthly invoice. Subtask 0.4 – Team Project Management CONSULTANT will lead and manage the efforts of the Project Team, including project schedule and budget for work tasks milestones during Parts One through Four. Assumptions • None. Deliverables • None. Subtask 0.5 – Quality Management CONSULTANT will coordinate the quality management requirements and efforts of the Project Team, including interim deliverable submittals for work tasks during Parts One through Four. Assumptions • Internal quality management procedures will be completed on all documents and design submittals. Page 5 of 20 Deliverables • CONSULTANT shall maintain project records to document the internal quality management activities; this project record information shall be provided to the CITY upon request. TASK 1 - SCHEMATIC DESIGN PHASE The purpose of the schematic design is to finalize the basis of the design for the raw water diversion/intake facility and conveyance pipeline, and finalize the recommended alignment for the conveyance pipeline. The schematic design efforts will culminate in a basis of design and 30 percent (30%) design level of effort for the diversion and pipeline facilities. Additionally, the number and delineation of the limits of each contract document/bid packages will be evaluated and defined, should it is determined that it is in the CITY’s best interest to design and bid these facilities in more than one set of contract documents . Subtask 1.1 - Review Existing Information This task will include review of existing information, initial review of existing utility information, and any other pertinent documents associated with the project. This review will provide a baseline to confirm the pipeline alignment, utility conflicts, and right-of-way and easement considerations as necessary to support the basis of design. Deliverables • None. (All work completed in this task will be used to develop the final basis of design as described in Task 1.9 below) Subtask 1.2 - Diversion and Conveyance Design and Operating Criteria CONSULTANT will develop and finalize design and operating criteria for the raw water diversion/intake structure and conveyance pipeline facilities. Assumptions • CONSULTANT will use available information, CITY standards, operations and maintenance (O&M) requirements, in-house design standards from the NESWTF diversion and conveyance facilities, and applicable standards from similar projects to develop design and operating criteria. CONSULTANT will incorporate operating conditions and scenarios for the SESWTF in the operations of this conveyance facility. • CONSULTANT will take lead responsibility to coordinate with FID and define operating scenarios and constraints, canal hydraulics, new canal check structures that may be required, new canal improvements that may be required, etc. CONSULTANT’s level of effort and budget assumes information on the canal operation, hydraulic capacity and constraints is available from FID, and hydraulic analysis of the canal only between the canal head gates and point of diversion, including field survey to establish cross sections of the canal to be used as the basis for canal hydraulic modeling. CONSULTANT’s level of effort does not include assessment of check structures or other canal improvements downstream of the point of diversion. Page 6 of 20 • CONSULTANT will consider ease of operation and maintenance, in development of design and operating criteria. Deliverables • Draft and Final Technical Memorandum (1 electronic copy and up to 10 hard copies) with initial recommendations. Subtask 1.3 - Conveyance Routing/Alignment Confirmation The CITY has identified a preliminary preferred pipeline alignment from the point of diversion along Trimmer Springs Road to Belmont Avenue, westward along Belmont Avenue to Armstrong Avenue, northward along Armstrong Avenue to Floradora, and westward to the entrance at the SEWTF. CONSULTANT will consider one alternative alignment, differing from the preliminary alignment only in its northward transition at Temperance Avenue rather than Armstrong Avenue. In finalizing the conveyance alignment, CONSULTANT shall define key design and constructability requirements including land/easement requirements, right of way delineation, definition of staging areas, alternative routing for canal crossings, existing and/or future utility conflicts, etc. Assumptions • To finalize the route/alignment, CONSULTANT will consider only the two northward routing alternatives from Belmont Avenue to Floradora Ave, as described above. • CONSULTANT’s level of effort is based on a reconnaissance level field assessment of the route alternatives to define the general areal conditions, land/easement requirements, and assessment of subsurface utility conflicts along the routes. Deliverables • Draft and Final technical memorandum (One (1) electronic and up to ten (10) hard copies), to confirm the conveyance routing/alignment, with summary discussion and recommendations regarding key design and constructability requirements including right of way delineation, land needs, definition of staging areas, alternative routing for canal crossings, existing and/or future utility conflicts, etc. Subtask 1.4 – Operational and Hydraulic Analysis The purpose of this work element is to establish operational requirements and associated hydraulic design considerations, including the following: • Sediment load impact for the range of expected operating conditions, and associated pipe design/sizing and/or operational strategies for sediment flushing and mitigation. • Surge analysis and associated considerations for air/vacuum release design. • System isolation and access requirements/locations. • Flow measurement, flow control, and system automation requirements. Page 7 of 20 Assumptions • Sediment load impact will be based on actual sediment sampling as completed under the existing SEWTP contract and two (2) additional samples under this scope of work, recognizing that the sample set may be limited due to operational requirements in the 2014 water delivery season from FID. Existing turbidity information for the City’s current deliveries to the NEWTF will also be used to assess the range of expected conditions. • Operational strategies to mitigate sediment accumulation will be established to provide sufficient velocity in the pipeline to minimize sediment accumulation, and/or “first flush” type strategies that employ short-term increases in flow and high velocities. Deliverables • Draft and Final technical memorandum (One (1) electronic and up to ten (10) hard copies), to summarize operational and hydraulic requirements. Subtask 1.5 – Traffic Control Analysis The purpose of this work element is to establish construction requirements and associated design considerations for traffic control, including the following: • Summary of County and Caltrans traffic control requirements. • Traffic control plans per latest edition of California MUTCD to show proper Temporary Traffic Control (TTC) zones, including limits of construction, traffic control/access, lane/work area delineation etc. for pipeline reaches. • Possible traffic detour/re-routing options that would facilitate two-lane road closure for improved constructability and schedule reduction. Assumptions • CONSULTANT will meet with Fresno County (“County”) and Caltrans to define traffic control requirements, and to identify detour alternatives or other options to minimize construction duration and/or traffic impact. Deliverables • Draft and Final Technical Memorandum (1 electronic and 10 hard copies) to summarize expected traffic control requirements, control strategies, possible diversion and/or detour routing, etc. • Traffic Control Plans with construction notes (One (1) electronic and up to ten (10) hard copies), to summarize traffic control requirements and associated design and construction considerations. Subtask 1.6 – Permits The purpose of this work element is to identify all non-environmental related permitting requirements, and to provide engineering support for the non-environmental and environmental permitting efforts, including the following: Page 8 of 20 • Permitting matrix to identify non-environmental permits (e.g., air quality control, County and/or Caltrans encroachment, FID encroachment for canal crossings, RWQCB dewatering discharge permit etc.), lead agency, information requirements, submittal and review requirements etc. • Engineering support including meeting attendance and preparation of exhibits, calculations, design information etc. as required for permit approval of all non- environmental permits. • Engineering support including meeting attendance and preparation of exhibits, calculations, design information etc. as required for permit approval of all environmental permits, including, but not limited to, ACOE 404 and CF&W Streambed Alternation Permits. Assumptions • CONSULTANT will lead and manage the permitting effort for all non-environmental permits, and will serve as primary point of contact for agencies and other stakeholders. • CONSULTANT will be responsible to provide all information required for permit approval (or otherwise secure the permits on behalf of the CITY). • CITY’s Program Manager will lead the permitting effort for environmental permitting. CITY’s Program Manager will also lead all coordination efforts between the CITY, the County, and FID. CONSULTANT’s role is limited to meeting attendance at up to four (4) meetings with environmental permitting agencies, and preparation of all supporting exhibits and documentation required for environmental approval. Deliverables • Draft and Final technical memorandum (One (1) electronic and up to ten (10) hard copies), to summarize non-environmental permitting requirements, and associated supporting engineering materials including calculations, exhibits, etc. Subtask 1.7 – Outreach Support The purpose of this task is to provide engineering support that will allow the CITY and its Program Manager to complete outreach efforts for the Project. Assumptions • CONSULTANT will develop exhibits to illustrate project features and concepts to facilitate discussions with public and other affected stakeholders. • CONSULTANT’s level of effort and budget includes attendance at up to three (3) meetings with public and/or other affected stakeholders related to the CITY’s overall public outreach effort. • CITY’s Program Manager and/or Public Outreach Consultant is responsible for preparation of electronic presentations or final presentation material for meetings (i.e., poster boards, handouts, meeting announcements, etc) but CONSULTANT will make available any previously completed work product (e.g., site plans, conceptual design information, etc.) as necessary to support the presentations. Page 9 of 20 Deliverables • Facility descriptions, conceptual layouts, layout drawings, infrastructure descriptions and other related project concept information. • Electronic files of all information used for presentations. Subtask 1.8 Diversion Facility Site Security CONSULTANT will assess and define potential site security considerations, and recommended security systems. CONSULTANT will develop and present site security concepts and alternatives to CITY to compare/contrast alternatives and define the preferred alternative. Assumptions • CONSULTANT’s level of effort will assume the security design for the diversion will be similar to the design for the SESWTF, with adjustments as necessary for the rural location of the diversion. CONSULTANT will use the threat assessment from the SESWTF as the basis, and create an amendment to the SESWTF document for the diversion facility. • CONSULTANT will provide a complete listing of necessary and/or desired security features, using the chosen security design for the SESWTF as the basis. • CONSULTANT will develop site security systems basis of design for the diversion facility site, including cost estimate. • CONSULTANT is responsible only to define system security for the diversion facility. Deliverables • Meeting notes to document findings, conclusions, and key decisions. • Draft and Final technical memorandum (1 electronic and up to 10 hard copies) to define recommended site security options and costs and basis of design. Subtask 1.9 - Diversion and Conveyance Basis of Design The purpose of this work element is to summarize engineering details and establish the basis of design for the diversion and conveyance facilities. CONSULTANT shall expand on the final diversion and conveyance routing/alignment, and include sufficient additional engineering to define the basis of design. The Diversion and Conveyance Basis of Design will include, but is not limited to the following: • Final schematic for the raw water diversion and conveyance facilities. • Site layout and preliminary plan drawings for the raw water diversion facilities, including canal check, coarse and fine screen structures or other features necessary to meet functional requirements for the diversion structure. • Preliminary plan drawings for the raw water conveyance facilities. • Hydraulic profile for the conveyance system. • Final design criteria for all appurtenant systems, including any automation/instrumentation requirements. Page 10 of 20 • Identification of power requirements and electrical permits and services to diversion facilities. • Recommendations for corrosion control and basis of design for same. • Recommendations for surge control and basis of design for same. • List of major equipment. • Recommended pipeline materials. • Multiple contract document/bid packages may be beneficial to the CITY to improve competition and/or pricing for construction, and or increased potential for participation of local contractors. CONSULTANT will evaluate the potential benefit of multiple contract document/bid packages. Assumptions None Deliverables • Recommendations for single or multiple contract packages. • Basis of design package including drawings and supporting information to provide sufficient detail to serve as the basis for final design. The emphasis of the basis of design is to minimize supporting narrative text in favor of design drawings, equipment listings and cut sheets, etc. that can be used during the final design. Subtask 1.10 - 30% Schematic Design CONSULTANT shall complete the thirty percent (30%) design documents based on the recommended alternative. Design services include preparation of design documents, internal design check, and updated construction cost estimate. Assumptions • Revisions to basis of design (if necessary) to document key design decision and changes from the preliminary design. • CONSULTANT’s level of effort, budget, and schedule assume the Contract Documents for the Project will be prepared in a single bid package. Additional level of effort for additional Contract Document package is not included in this scope of work. • CONSULTANT will prepare the design drawings using MicroStation CAD software. Construction drawings will include general, civil, structural, mechanical, electrical, instrumentation, including pipe crossing and other typical detail drawings. • Technical specifications will be prepared for the bidding package using CONSULTANT's standard specifications. General Conditions shall be based on CITY standard format. • CONSULTANT will meet with and coordinate County and Caltrans review of the 30% design documents as necessary to facilitate approval of roadway and traffic control related elements, and Fresno Irrigation District to facilitate approval of diversion facility and canal crossing elements. • CONSULTANT will meet with FID and coordinate review of the 30% design documents as necessary to facilitate approval of diversion facilities. Page 11 of 20 Deliverables • Revisions to basis of design (if necessary) to document key design decision and changes from the preliminary design. • Updated process schematic diagram for the diversion and conveyance systems. • Control descriptions for diversion and conveyance systems. • Process & Instrumentation Diagrams (PIDs) for diversion and conveyance systems including providing signal output for the Fresno Irrigation District. • Updated hydraulic profile conveyance system. • Plan and profile of raw water conveyance piping.(1”=40’) • Canal crossing(s) plan and detail drawings • Updated drawing list. • Updated civil site layout for diversion site. • Updated structural plans and elevations for diversion facilities. • Updated mechanical layouts for diversion facility. • Updated electrical site layout for the diversion facility. • Updated electrical single-line diagram with power sources for diversion facility. • Updated electrical plan views for location of control panels for diversion facility. • Preliminary specification list for major process equipment and pipeline elements. • Updated construction cost estimate, all facilities. • Diversion facility security design. • Three (3) full size (22x34) drawing and specification sets, and electronic files (pdf) of all project elements. Subtask 1.11 - Utility Location CONSULTANT shall complete field investigations to locate utility and infrastructure along the final conveyance pipeline alignment. It is anticipated that some of the work can be done using non-destructive methods. However, CONSULTANT shall acquire utility plats and maps from utilities and will develop a pothole plan to verify actual depths and locations of buried facilities. Potholing will be conducted using vacuum extraction methods where appropriate. The effort will be conducted to develop supplemental information to the survey deliverable. Assumptions • CONSULTANT shall secure special permits required for utility confirmation. • This scope includes office time to research utility plats and field time for survey crew and utility location specialty subcontractor. Potholing budget assumes up to twenty-five (25) potholes and field survey to verify buried facilities. Deliverables • Utility spatial and depth location information provided in spreadsheet format. • Utility plat maps Page 12 of 20 Subtask 1.12 - Surveying CONSULTANT shall provide topographic surveys for diversion facility and the final recommended pipeline route/alignment, as defined above. Survey will be developed by combination of aerial photography with one-foot contours supplemented with traditional field methods for survey control. CONSULTANT will produce all deliverables in a format that is compatible with the CITY’s GIS system. It is understood that the CONSULTANT is not creating any new GIS information for the CITY (e.g., graphical layers, GIS databases, etc.). The CONSULTANT will take lead role to secure information related to the existing easements, right of way, and existing utilities prior to starting any survey work. Assumptions • Services provided by CONSULTANT in this task include completion of survey information and research of existing property ownership along the final diversion and pipeline conveyance route/alignment, where necessary to support the design for areas of construction outside County or City right-of-way. • Temporary and/or permanent easements will be required to support the construction activity. CONSULTANT’s scope is limited to preparation of up to fifteen (15) exhibits and legal descriptions as required for temporary and/or permanent easements. CONSULTANT will obtain up to 15 preliminary title reports, one for each easement • Survey to cover a 150-foot swath centered over recommended alignment. • Services not provided by CONSULTANT: o Engineering services necessary to secure right of entry, or new or additional rights of way and/or easements along the conveyance alignment. o Engineering services necessary to assess property value for additional rights of way and/or easements near the treatment plant property and along the conveyance alignments. o Construction staking or field marking of right-of-way limits Deliverables • Stamped and signed topographic survey map, in MicroStation V8 or AutoCAD 2010. • CONSULTANT shall furnish a design field survey including the following elements: o Scale 1”=40’. o Contour lines (at 1 foot intervals) o Trees (trunk diameter and type of tree) o Rock outcroppings o Fence lines o Canal and creek crossings o Property lines/ROW/easements o Boring locations o Utility manhole or valve box locations o Other utility locations (telephone, gas, power, water, sewer, etc.) o Power lines Page 13 of 20 o Irrigation standpipes, vents, and valve o Rectified aerial orthophoto. o Other features impacted by construction, (signs, mail boxes, etc.) Subtask 1.13 - Geotechnical Report CONSULTANT shall provide geotechnical data required for diversion facility and the final recommended pipeline route/alignment, including but not limited to: • Recommended site specific seismic spectral analysis and design criteria as required to meet Building Code seismic design. • Soil stability and recommended measures for unstable soils as related to open trench excavation, open cut construction, and micro tunneling or directional drilling • Pavement and roadway design recommendations, including R-values. • Groundwater elevation. • Recommended foundation type for diversion structures • Expected structural settlement • Recommended foundation sub-base • Development of R-values for pavement design. • E’ recommendation for pipeline design. • Corrosivity evaluation of soil Assumptions • CONSULTANT shall secure special permits required for field investigations required for geotechnical confirmation. • Hazardous conditions explorations are not provided as part of this task. If hazardous conditions are suspected, or at the CITY’S request, these services shall be provided as part of a separate task order. • Borings provided at 1,000 foot intervals along pipeline alignment and two borings on either end of trenchless locations. In locations of trenchless crossings (e.g., canal crossings), at the diversion location, and other locations where borings encounter high groundwater, piezometers will be installed and monitored to assess ground water level that could affect pipeline design and/or constructability. • CITY to ensure site access available. • This scope includes field time for specialty subcontractor to complete up to seventy (70) borings at up to twenty (20) feet in depth and six (6) borings at up to thirty (30) feet to identify soil conditions at the diversion structure facilities and along the recommended pipeline alignment, as required to support the structural design. • The scope of work includes standard lab analysis to confirm soil type and grain size distribution, potential for settlement/liquefaction, and soil chemical properties including corrosion potential and recommended E’ value. Deliverables • Draft and Final design level geotechnical report. (1 electronic and up to 10 hard copies). Page 14 of 20 Subtask 1.14 – Corrosion Mitigation Design Soil Corrosivity Evaluation & Report Soil samples taken in Task 1.13, will be analyzed for pH, chlorides, sulfates, saturated resistivity, total salts, and conductivity using EPA Standard methods and ASTM test methods as detailed in the table below. These soil samples will be tested by a state certified testing laboratory. The preparation of the soil samples for chemical analysis will be in accordance with the applicable specifications. Soil Chemical Analysis Test Methods Chemical Analysis Test Method Chlorides SW9251 pH SW904SD Resistivity ( as-received and 100% saturation) ASTM G57 Sulfate SM4500-SO4-E Redox Potential Conductivity SW9050A Total Salts SM2540C CONSULTANT will evaluate the results of the chemical analysis and determine the corrosivity of the soils along the pipeline alignments to the proposed materials of construction (i.e. dielectric coated steel, concrete cylinder pipe and mortar coated steel pipelines, etc.). CONSULTANT will conduct in-situ soil resistivities at an approximate 1,000 ft. interval along the pipeline alignment using the Wenner 4-pin technique. In-situ resistivities will be measured at 2.5’, 5’, 7.5’, 10’ and 15’ depths using an AMEC Resistivity Meter. Barnes layer calculations will be performed to determine the corrosivity of the different soil layers to the proposed pipeline materials. CONSULTANT will summarize the field data and results of soil chemical analysis and define the potential for corrosion on the new raw water pipeline. CONSULTANT will recommend the long- term corrosion prevention options for all pipe material options. CONSULTANT will review the proposed pipeline alignments to identify potential stray and AC induced voltage problems generated from utility crossings and parallel high voltage AC power lines. It is not expected that the pipeline will parallel any high voltage AC power lines that would generate induced current and require mitigation. However, utility crossings are expected and mitigation measures will be included in the design for cathodic protection and for protection of operations and maintenance personnel. AC induced voltage modeling and mitigation design for parallel high voltage AC power lines is not included in this task, but could be provided as an additional service task, if deemed necessary based on the field investigation. CONSULTANT will perform stray current testing at selected locations along the pipeline alignment as warranted. This testing will be performed in the vicinity of any overhead high- voltage transmission towers and other utilities, such as PG&E. All potential stray current problems will be identified and mitigated in the cathodic protection design. CONSULTANT will provide a summary analysis to define findings of the stray current analysis and provide recommendations for combined stray current mitigation. Page 15 of 20 Assumptions • CONSULTANT shall secure special permits required for field investigations required for corrosivity assessment. • CITY to ensure site access available. • The scope of work includes standard lab analysis to determine for pH, chlorides, sulfates, soil box resistivity, and conductivity. Deliverables • Corrosion Control Preliminary Design Report (one electronic and up to 10 hard copies) to summarize the findings of the soil corrosivity and stray current analyses, recommended mitigation strategies, and design criteria for the proposed corrosion control/stray current mitigation systems. Subtask 1.15 - Conduct 30% PS&E Workshop with CITY CONSULTANT will conduct a thirty percent (30%) design submittal workshop with the CITY. The submittal review workshop will discuss comments on the 30% design and will be conducted at the end of the CITY review period. All comments will be documented in tabular format for formal response for inclusion into next submittal package. Deliverables • Workshop agenda. • Workshop handouts. • Meeting minutes to document findings, conclusions and key decisions. • Updated Decision Log. • Corrosion Control Final Design Report TASK 2 - DESIGN DEVELOPMENT PHASE The purpose of the design development phase is to complete engineering services through sixty percent (60%) design. Design services include preparation of updated design documents, internal review, and updated construction cost estimates. Subtask 2.1 - 60% Design Assumptions • CONSULTANT’s level of effort, budget, and schedule assume the Contract Documents for the Project will be prepared in a single bid package. Additional level of effort for additional Contract Document package is not included in this scope of work. • CONSULTANT will prepare the design drawings using MicroStation CAD software. Construction drawings will include general, civil, structural, mechanical, electrical, instrumentation, including pipe crossing and other typical detail drawings. • Technical specifications will be prepared for the bidding package using CONSULTANT'S standard specifications. CONSULTANT shall use CITY standard format for Div 0 and Div 1 Front Ends and provide mark-ups where appropriate. Page 16 of 20 • CONSULTANT will meet with and coordinate CITY inter-departmental review of the 60 percent design documents as necessary to facilitate approval by Building Department and Public Utilities. • CONSULTANT will meet with FID and coordinate review of the 60 percent design documents as necessary to facilitate approval of diversion facilities. • CONSULTANT will prepare detailed installation drawings and technical specifications for corrosion control for each pipe option including appropriate stray current corrosion control suitable for bidding purposes. Deliverables • Updated control descriptions for diversion and conveyance systems. • Updated Process & Instrumentation Diagrams (PIDs) for diversion and conveyance systems. • Updated hydraulic profile conveyance system. • Updated plan and profile of raw water conveyance piping. • Updated canal and pipe crossing plan and detail drawings • Updated drawing list. • Updated civil site layout for diversion site. • Updated structural plans and elevations for diversion facilities. • Updated mechanical layouts for diversion facility. • Updated electrical site layout for the diversion facility. • Updated electrical single-line diagram with power sources for diversion facility. • Updated electrical plan views for location of control panels for diversion facility. • Updated specifications for major process equipment and pipelines. • Updated diversion facility security design. • Updated construction cost estimate, all facilities. • Three (3) full size (22x34) drawings and electronic files (pdf) all project elements. Subtask 2.2 – Permitting Coordination CONSULTANT will provide continued coordination related to the permitting requirements detailed in Sub-Task 1.6 Subtask 2.3 - Conduct 60% PS&E Workshop with CITY CONSULTANT will conduct a sixty percent (60%) design submittal workshop with the CITY. The submittal review workshop will discuss comments on the 60% PS&E submittal packages and will be conducted at the end of the CITY review period. The objective of the workshop is to discuss changes from the 30% design, and solicit CITY review comments. All comments will be documented in tabular format for formal response for inclusion into next submittal package. Page 17 of 20 Deliverables • Workshop agenda. • Workshop handouts. • Meeting minutes to document findings, conclusions and key decisions. • Updated Decision Log. TASK 3 - CONSTRUCTION DOCUMENT PHASE The purpose of the construction document phase work is to complete engineering services through ninety (90) and one hundred (100) percent design. The construction document phase work will include a ninety percent (90%) design review workshop with the CITY and will culminate in one hundred percent (100%) design level submittal of bid-ready contract documents. Subtask 3.1 - 90% Design Assumptions • CONSULTANT’s level of effort, budget, and schedule assume the Contract Documents for the Project will be prepared in a single bid package. Additional level of effort for additional Contract Document package is not included in this scope of work. • CONSULTANT will prepare the design drawings using MicroStation CAD software. Construction drawings will include general, civil, structural, mechanical, electrical, instrumentation, including pipe crossing and other typical detail drawings. • Technical specifications will be prepared for the bidding package using CONSULTANT's standard specifications. General Conditions shall be based on CITY standard format. • CONSULTANT will meet with and coordinate CITY and County and Caltrans inter- departmental review of the 90 percent design documents as necessary to facilitate approval by Building Department and Public Utilities. • CONSULTANT will meet with FID and coordinate review of the 90 percent design documents as necessary to facilitate approval of diversion facilities. Deliverables • Final control descriptions for diversion and conveyance systems. • Final Process & Instrumentation Diagrams (PIDs) for diversion and conveyance systems. • Final hydraulic profile conveyance system. • Final plan and profile of raw water conveyance piping. • Final canal crossing plan and detail drawings • Final drawing list. • Final civil site layout for diversion site. • Final structural plans and elevations for diversion facilities. • Final mechanical layouts for diversion facility. • Final electrical site layout for the diversion facility. Page 18 of 20 • Final electrical single-line diagram with power sources for diversion facility. • Final electrical plan views for location of control panels for diversion facility. • Final specifications for major process equipment and pipelines. • Final diversion facility security design. • Final construction cost estimate, all facilities. • Final corrosion protection and cathodic protection design. • Three (3) full size (22x34) drawings and electronic files (pdf) all project elements. Subtask 3.2 – Permitting Coordination CONSULTANT will provide continued coordination related to the permitting requirements detailed in Sub-Tasks 1.6, 2.2, and 3.2 Subtask 3.3 - Conduct 90% PS&E Workshop with CITY CONSULTANT will conduct a ninety percent (90%) design submittal workshop with the CITY. The submittal review workshop will discuss comments on the 90% PS&E submittal packages and will be conducted at the end of the CITY review period. All comments will be documented in tabular format for formal response for inclusion into next submittal package. Response to the 60% review comments will be discussed. All 90% review comments will be documented in tabular format for formal response for inclusion into next submittal package. Deliverables • Workshop agenda. • Workshop handouts. • Response log of 60% review comments. • Meeting minutes to document findings, conclusions and key decisions. • Updated Decision Log. Subtask 3.4 - Develop 100% PS&E Submittal Package. CONSULTANT will complete a one hundred percent (100%) “bid ready” design package to incorporate comments and changes from the 90% review. Assumptions • CITY will advertise the Project, and will be responsible for sale of bid documents. Deliverables • Final 100% PS&E bid package submittal documents. • Response log of 90% review comments. • Updated Decision Log. • Three (3) full size (22x34) drawings (including specifications) and electronic files (pdf) of all project elements. • One (1) electronic copy of the drawing files in MicroStation CAD software or AutoCad 10 and their corresponding plot configuration files. Page 19 of 20 • One (1) electronic copy of specifications. • Final cost estimate. TASK 4 - BID PHASE SERVICES The purpose of the bid phase services is to complete engineering bid period services, including response to bidder questions, and bid document addenda. The bid phase services will culminate with the development of the Conformed Documents. Subtask 4.1 - Pre-bid Meeting and Site Tour CONSULTANT will assist the CITY in meeting with potential bidders at a site tour and providing an understanding of the project requirements. CONSULTANT will develop a preliminary outline for the CITY’s use in conducting the pre-bid conference and site tour. CONSULTANT will prepare and distribute meeting notes to the CITY and to pre-bid conference attendees. Deliverables • Preliminary outline for pre-bid conference and site tour and attendance at both. • Meeting minutes for the pre-bid conference and site tours which will include questions and answers discussed at the conference. Subtask 4.2 - Bid Period Technical Assistance CONSULTANT will answer bidder technical questions regarding the design during the bidding process. CONSULTANT will receive bidder questions via e-mail from CITY Purchasing Department. Responses to questions will be conveyed via addendum. Assumptions • Scope and budget for this task is an allowance based on CONSULTANT’S efforts on past projects for a single bid package. • The scope and budget assumes three (3) addenda will be prepared during the bidding phase. The scope and budget assumes approximately one hundred fifty (100) bidder total questions will be logged and answered by referencing bidder to the appropriate drawings or specifications at one (1) hour engineering per question. • The effort required to respond to bidder's questions is beyond CONSULTANT’s control. Additional effort required for this task is not included in the CONSULTANT’s level of effort or estimated budget. Deliverables • Up to three (3) addenda distributed to all plan holders. • Bid period question and answer log. Subtask 4.3 - Bid Opening and Evaluation CONSULTANT will attend bid opening, and will subsequently review bids for general conformance to Contract Document requirements. Page 20 of 20 Deliverables • Brief summary memorandum to delineate low-bidder’s conformance (or non- conformance) with Contract Document requirements and recommendation for award. Subtask 4.4 - Conformed Drawings and Specifications CONSULTANT shall prepare conformed drawings and specifications (updated design drawings and specifications to include revisions contained in the addenda). Assumptions • The scope of work and budget assumes one hundred ten (110) drawings need to be modified at two (2) hours of CAD time per drawing, and one (1) hour of engineering time per drawing. • The scope of work and budget also assumes approximately fifty (50) specification sections will need to be modified at one (1) hour word processing per section, and one (1) hour engineering time per section. Deliverables • Three (3) bound set of specification originals. • Three (3) full size (22x34) drawings and specifications, and electronic files (pdf) of all project elements. EXHIBIT B Second Amendment City of Fresno 80 MGD SESWTF and Raw Water Diversion and Conveyance Pipeline (Project) Consultant Treatment and Raw Water Pipeline - Design Services Costs and Associated Contingencies Date Agreement Part 1 Part 2 Part 3 Part 4 Part 5 Design Total Contingencies Budget June 24, 2013 Original $2,693,643 $2,280,080 $1,818,026 $81,431 $2,276,420 $9,149,600 $841,400 $9,991,000 July 21, 2014 Amendment No. 1 $2,692,385 $2,414,897 $1,908,669 $81,559 $2,277,090 $9,374,600 $616,400 $9,991,000 Amendment No. 2 $3,496,592 $3,378,712 $2,415,604 $136,559 $9,427,467 $563,533 $9,991,000 Treatment Portion $2,651,605 $2,949,897 $1,908,669 $81,559 $7,591,730 Pipeline Portion $844,987 $428,815 $506,935 $55,000 $1,835,737 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-267 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 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 Action pertaining to an Annual Appropriation Resolution 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) 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. EXECUTIVE SUMMARY On July 31,2014,Council authorized the Director of the Development and Resource Management (DARM)Department to enter into a professional services agreement with the firm of AECOM Technical Services,in the amount not to exceed $966,068 for the preparation of a High Speed Rail Station Area Master Plan (STAMP)and $54,000 for miscellaneous City expenses.The AAR associated with this contract is being brought forward for Council consideration. BACKGROUND City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-267 Agenda Date:8/21/2014 Agenda #: Council took action on August 25,2011,to amend the AAR to appropriate a total of $900,000 from the California High Speed Rail Authority (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.In addition,the Council took action on March 29,2012 to amend the AAR to appropriate an additional $120,000 from Fresno Council of Government’s (COG)Overall Work Program (OWP)for the STAMP.Thus,the attached resolution would appropriate funds that were budgeted in previous years but were not appropriated in Fiscal Year 2015. 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 Consultant Services Contract will come from the CHSRA and Fresno COG and is sufficient to pay for the STAMP scope of services identified by AECOM.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. Attachment: Resolution Staff Report from July 31, 2014 for ID#14-181 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 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 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov 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-3 rd 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 3 rd 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 File #:ID#14-181,Version:1 City of Fresno Printed on 7/28/2014Page 1 of 3 powered by Legistar™ File #:ID#14-181,Version:1 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 7/28/2014Page 2 of 3 powered by Legistar™ File #:ID#14-181,Version:1 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 7/28/2014Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-268 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM: JENNIFER K.CLARK, AICP, Director Development and Resources Management BY: MIKE SANCHEZ, Assistant Director Development and Resources Management SUBJECT BILL - (For introduction) - Consider repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining RECOMMENDATION Staff recommends the Council take the following action: 1.Approve the ordinance bill of the City Council repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining. EXECUTIVE SUMMARY On March 6,2014,the City Council,through Ordinance Bill 2014-17,approved Text Amendment No. TA-13-006 relating to the use of outdoor dining areas within street easements and rights-of-way, without requiring a special permit for certain uses.In efforts to enhance permit processing the attached ordinance bill was drafted to clarify some administrative procedures relating to right-of-way encroachment and the necessity of recorded agreements.This bill will simplify the process for all businesses whether they own or lease the property and will allow for encroachment on City owned space without obtaining any permit or encroachment agreement subject to certain requirements. There is clarifying language to include lessee,tenants and legal occupants of the building to eliminate ownership issues. BACKGROUND The proposed ordinance bill has been drafted to address specific concerns related to the outdoor dining ordinance that was enacted in March of 2014.During its early inception,concerns were raised regarding the recordation of an agreement as well as the extent of encroachment into the right-of- way.City staff has drafted the attached ordinance that addresses these concerns and would still City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-268 Agenda Date:8/21/2014 Agenda #: way.City staff has drafted the attached ordinance that addresses these concerns and would still allow for the timely processing of these applications. Many of the original requirements of the outdoor dining ordinance will remain in place.These include no additional parking requirements;clear definition of designated outdoor dining areas;and no updated security plans.These requirements will allow for a safe operating environment while protecting the public right-of-way.The proposed relocation of the ordinance within the Fresno Municipal Code will also promote timely processing by eliminating administrative timelines.The original intent of the ordinance was to process such permits over the counter in one day.This will be accomplished through the adoption of this ordinance. 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 Not applicable since no bid process was involved in this project. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion,in turn,funding the respective operations of the Development and Resource Management Department. Attachments: Ordinance Bill City Council Staff Report of March 6, 2014. City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ ~e~,,~\f/~REPORT TO THE CITY COUNCIL rn~~;~~,~ AGENDA ITEM NO.I:r: COUNCIL MEETING: 3/6/14 March 6, 2014 FROM: MIKE SANCHEZ,Plan ez: Development Services ~nagl THROUGH: BY: WILL TACKETT,Supervising Pla~ Development Services Division ~U ISRAEL TREJO,Planner ~ Development Services Division;!\\ APPROVED BY c SUBJECT:Consider Text Amendment Application No.TA-13-006 and related environmental finding for Environmental Assessment No.TA-13-006 relating to the use of outdoor dining areas,including within street easements and rights-of-way, without requiring a special permit for certain uses RECOMMENDATION The appropriateness of the proposed text amendment has been examined pursuant to Section 12-402 of the Fresno Municipal Code (FMC), and the Director of the Development and Resource Management Department has determined that the proposed text amendment is consistent with the goals and policies in the 2025 Fresno General Plan. Upon consideration of staff evaluation,it can be concluded that proposed Text Amendment Application No.TA-13-006 is appropriate for citywide use.Therefore,staff recommends the City Council take the following actions: 1.APPROVE to the City Council of the environmental finding for Environmental Assessment No.TA-13-006,dated October 31, 2013, that a Negative Declaration be adopted for the project. 2.APPROVE to the City Council of Text Amendment Application No.TA-13-006,which would allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way,without requiring a special permit for certain uses. EXECUTIVE SUMMARY Text Amendment No.TA-13-006 was initiated by the Director of DARM,pursuant to Section 12-402.A of the FMC. Text Amendment No.TA-13-006 proposes to add Section 12-328, repeal and reserve Subsection (M) of Sections 12-220.5 and 12-231.5, amend Subsection (d) of Section 13-219, and amend Section 9-2503 of the FMC (see Ordinance Bill). The text amendment proposes to allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way (i.e.sidewalks),without requiring a special permit for certain uses. Currently, the FMC only allows outdoor dining in conjunction with a restaurant. The approval of the proposed text amendment would allow for outdoor dining at Restaurants, Taverns,Delicatessens,Ice Cream Stores,Cafeterias,Banquet Halls,Bakeries,Micro- breweries,Nightclubs and other similar uses. REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 2 PROJECT INFORMATION PROJECT APPLICANT LOCATION ENVIRONMENTAL FINDING PLAN COMMITIEE RECOMMENDATION PLANNING COMMISSION STAFF RECOMMENDATION BACKGROUND Over-the-counter application Text Amendment No.TA-13-006 was initiated by the Director of the Development and Resource Management Department.The text amendment proposes to allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way (Le. sidewalks),without requiring a special permit for certain uses City of Fresno -Development and Resource Management Department Citywide A Negative Declaration was filed with the Fresno County Clerk on October 31, 2013 See Exhibit F for Council District Plan Implementation Committee recommendations On January 29,2014,the Planning Commission recommended that the City Council: (1) Adopt the Negative Declaration, dated October 31, 2013, prepared for the project; (2)Approve Text Amendment No.TA-13-006 with the addition that smoking be prohibited within patios on private and public property Approve the proposed text amendment and adopt the related environmental finding No site plan, conditional use permit, or amendment to an existing special permit is required for an Outdoor Dining area. Instead, an over-the-counter application is required to be submitted to the Director of DARM for ministerial approval consistent with the proposed Outdoor Dining Ordinance prior to use of the Outdoor Dining area. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet,whichever is less, for an over-the-counter application.Additional Outdoor Dining area up to 3,000 square feet may be approved with a special permit (site plan review or conditional use permit)consistent with the design guidelines of the proposed ordinance. Outdoor Dining Areas without Alcohol Consumption An applicant may submit an over-the-counter application for ministerial approval to immediately operate an Outdoor Dining area where alcoholic beverages are not consumed or otherwise used. No updated or additional security plan is required if alcoholic beverages are not consumed or otherwise used in the Outdoor Dining area. REPORT TO THE CITY COUNCIL Text Amendment Application No. TA-13-006 March 6, 2014 Page 3 Outdoor Dining Areas with Alcohol Consumption For any use involving alcoholic beverages in the Outdoor Dining area, a security plan, and any additional information as the Director of DARM may reasonably require to evaluate the application, shall be submitted to the Director for review and approval by the Police Department. Upon consultation with the Police Department, the Director has discretion to deny any application involving alcoholic beverages in the Outdoor Dining area for either II good cause" as defined in Section 12-326(H)(1) of the FMC (Exhibit A), or for any unlawful nuisance identified by Section 10-708 of the FMC (Exhibit B). Parking No additional parking is required when a proposed Outdoor Dining area is less than 749 square feet. Any portion of the Outdoor Dining area 749 square feet or more shall be included as gross floor area for the purposes of calculating off-street parking requirements at the rate set in Section 12-306(1)(2.2)(d) of the FMC. Noise Requirements Use of an Outdoor Dining area shall comply with the Noise Ordinance of the FMC. If a qualifying Outdoor Dining area is proposed to be used after 10:00 p.m. and is located within 500 feet of property planned for residential uses, excluding any portion that is planned to allow residential mixed uses, an acoustical analysis with a diagram of the Outdoor Dining area must be conducted to ensure compatibility with the Noise Ordinance. Barriers Around Outdoor Dining Areas Barriers around Outdoor Dining areas are not required, including those where alcoholic beverages are consumed, but are allowed subject to the proposed ordinance if not more than four feet in height and maintain at least 50%transparency. Barriers can be permanent or temporary; chain linked fencing is prohibited. All barriers must have at least one direct exit made by either providing a gap in the barrier, or with a door or gate that swings in the direction of egress travel equipped with panic hardware. The Outdoor Dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The Outdoor Dining area must not obstruct direct access or egress from any entrance or exit. An Outdoor Dining area, where alcoholic beverages are consumed, shall comply with barrier requirements as may be established by the California Department of Alcoholic Beverage Control (ABC). Use of City Right-of-Way for Outdoor Dining Use of City of Fresno street easement or right-of-way (Le. sidewalks), for Outdoor Dining purposes may be approved at the discretion of the Director of DARM after consultation with the Department of Public Works. An encroachment permit issued by the Department of Public Works is required. An applicant will be required by the encroachment permit (or covenant) to REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 4 maintain the encroachment area free of any nuisance, and shall conduct activities in full compliance with all applicable federal, state, and local laws. Additional Amendments to the Code To help facilitate the development of an Outdoor Dining area under the proposed text amendment, revisions were needed for Sections of the FMC that are not within Chapter 12 (Land Use Planning and Zoning). Section 9-2503 (d) of the FMC is proposed to be revised to allow an encroachment permit, for alcoholic beverage consumption on a mall or sidewalk, to be issued by the Department of Public Works, rather than the City Council. Additionally, painted lines will not be required around the alcoholic beverage consumption area. Also, though not needed to develop an Outdoor Dining area under the proposed text amendment, Section 9-2503 (d) of the FMC proposes to allow the Parks and Recreation Director, in consultation with the Police Chief, to authorize the consumption of alcoholic beverages during an event of limited duration held in a mall area as defined in Section 14-1801 (f)of the FMC (Exhibit C). In addition, the subject text amendment proposes to add the Police Chief as someone that reviews the project and removes the requirement that the event be conducted by an organization for the benefit of a nonprofit organization, a charitable purpose, or the city. ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Based on the attached environmental assessment, with the project requirements and parameters imposed, there is no substantial evidence in the record that this project may have direct, indirect, or cumulative effects on the environment that are significant; therefore, this project will not require the preparation of an environmental impact report. As such, the filing of a negative declaration is appropriate in accordance with the provisions of CEQA Section 15070. A public notice of the attached negative declaration finding for Environmental Assessment Application No. TA-13-006 was published in The Fresno Bee on October 31, 2013 with no comments received within the 20 day comment period. Community Outreach On October 10, 2013, a select group of restaurant owners affiliated with the California Restaurant Association was consulted with and provided valuable feedback on the proposed ordinance. Additionally, the proposal was presented to the Fresno Chamber Government Affairs Committee on October 16, 2013, and was supportive of the project. REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 5 Comments Received An initial version of the text amendment was prepared and routed for comment to various internal departments and outside agencies having oversight relative to Outdoor Dining, including, the City of Fresno Public Works, Fire and Police Departments ,Fresno County Environmental Health (Exhibit D) and ABC. After all the comments were received for the initial version, staff developed the proposed text amendment (see Ordinance Bill). Planning Commission Public Hearing Notice In accordance with Fresno Municipal Code Section 12-402-B, a notice of Planning Commission hearing was published in The Fresno Bee on October 31,2013. Planning Commission Action The Fresno City Planning Commission considered the text amendment application at their regularly scheduled meeting on January 29,2014.At the hearing, the Planning Commission discussed the issue of whether smoking should be allowed in patios on private and public property. After a complete hearing, the Planning Commission recommended approval of the text amendment to the City Council, with the following addition to proposed Section 12-328: 1. 12-328.E.11: Smoking shall be prohibited within patios on private property and on street easements or right-of-way (see Exhibit G). It is noted, however, that staff has not included the prohibition of smoking in patios on private and public property in the proposed text amendment. Airport Land Use Commission The Airport Land Use Commission (ALUC) considered the text amendment application at their regularly scheduled meeting on February 3, 2014. The ALUC discussed the issue of whether approving an over-the-counter application could potentially result in a property exceeding its allowed density. Staff explained to the ALUC that an over-the-counter application will only allow "small" patios without a special permit, businesses would still have to comply with the conditions of their special permit and zoning and the proposed text amendment expressly requires compliance with state and federal law. Additionally, staff explained to the ALUC that a density check can be done for those properties that are within an Airport Review Area prior to approving an over-the-counter application. The ALUC voted unanimously to approve the proposed text amendment application with the condition that staff review would include confirming the outdoor dining would not allow a business to exceed the density limitations required in Airport Review Areas. REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 6 Council District Advisory Committees The recommendations of the Council District Plan Implementation Committees are listed in Exhibit F. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicanUcustomer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicanUcustomer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department. Attachments: Ordinance Bill for Text Amendment No. TA-13-006 adding Section 12-328, repealing and reserving Subsection (M) of Sections 12-220.5 and 12-231.5, amending Subsection (d) of Section 13-219, and amending Section 9-2503 of the FMC Exhibit A - Section 12-326(H)(1) of the FMC Exhibit B - Section 10-708 of the FMC Exhibit C - Section 14-1801(f) of the FMC Exhibit 0 -County of Fresno Department of Public Health letter dated November 8, 2013 Exhibit E - Finding of Negative Declaration for Environmental Assessment No. TA-13-006 Exhibit F - Council District Plan Implementation Committee Recommendations Exhibit G - Planning Commission Resolution No. 13266 BJLLNO. _ ORDINANCE NO.--- AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING SECTION 12-328, REPEALING AND RESERVING SUBSECTION (M) OF SECTIONS 12- 220.5 AND 12-231.5, AMENDING SUBSECTION (d) OF SECTION 13-219, AND AMENDING SECTION 9-2503 OF THE FRESNO MUNICIPAL CODE RELATING TO OUTDOOR DINING. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12-328 of Article 3, Chapter 12 of the Fresno Municipal Code is added to read: SEC. 12-328. OUTDOOR DINING A. This Section shall be known as the "Outdoor Dining Ordinance." B. Purpose. The purpose of this Section is to allow for the expansion and use of certain outdoor dining areas, without requiring a special permit, to promote business, revitalization, and public safety. C. Definitions. For the purpose of this Section, "Outdoor Dininq" shall refer to a delineated area within a parcel, including patios and similar areas, located outside of and adjacent to a building used for consuming food or beverages at a table with chairs, a portion of which must be within 20 feet of said building. "Outdoor Dining" shall not include food preparation areas. D. Applicability. This Section shall apply to Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries, Micro-breweries and similar uses. This Section shall also apply to Nightclubs with dancing prohibited in the Outdoor Dining area. E. General Requirements for Outdoor Dining Areas. 1. No site plan, conditional use permit, or amendment to an existing special permit is required for expansion into an Outdoor Dining area if the proposed use is existing and authorized for any portion of the applicant's property, use of the Outdoor Dining area does not obstruct vehicular circulation, and Outdoor Dining use is not Date Adopted: Date Approved L Effective Date:/<{r. City Attorney Approval:_ Page 1 of 8 Ordinance No. expressly prohibited by a condition of an existing special permit, approved parcel or tract map, or zoning action. Instead, an over- the-counter application shall be submitted to the Director for ministerial approval consistent with this Section prior to use of the Outdoor Dining area. The application shall include a scaled exhibit depicting the location of the Outdoor Dining area (including proposed structures and barriers, locations of tables and chairs, and existing structures on the parcel), be signed by one or more of the record owners of the parcel of property, and contain any other information required by the Director. The Director shall provide a copy of approved applications to the Police Department and Fire Department. 2. Use of the Outdoor Dining area shall be subject to the same hours of operation as the existing authorized use for the property. 3. No updated or additional security plan is required if alcoholic beverages are not consumed or otherwise used in the Outdoor Dining area. For any use involving alcoholic beverages in the Outdoor Dining area the following standards shall apply: a. In addition to an application to operate an Outdoor Dining area where alcoholic beverages are proposed to be consumed, an applicant may also submit an over-the- counter application for ministerial approval to immediately operate an Outdoor Dining area where alcoholic beverages are not consumed or otherwise used. The most recently approved application governs to the extent it regulates the same Outdoor Dining area. b. For any use involving alcoholic beverages in the Outdoor Dining area, a security plan, and any additional information as the Director may reasonably require to evaluate the application, shall be submitted to the Director for review and approval by the Police Department. c. Upon consultation with the Police Department, the Director has discretion to deny any application involvinq alcoholic beverages in the Outdoor Dining area for either "good cause" as defined in Section 12-326(H)(1), or for any unlawful nuisance identified by Section 10-708. The Director shall send written notice and a summary of the grounds for the denial to an applicant not less than 10 days prior to the denial becoming final. Denials are without prejudice; an applicant may resolve the unlawful nuisance or activity constituting "qood cause" and re-apply at any time. Page 2 of 8 Ordinance No. d. Prior to the decision becoming final, an applicant may file with the Director a written appeal of such denial, along with any argument and evidence as to why the use should not be denied. Failure to timely appeal shall be deemed a failure to exhaust administrative remedies. Upon receiving an appeal, the Director shall consider all evidence and argument, and may deny the application if there is credible evidence of a violation. Notice of the Director's final decision shall be in writing and sent to the applicant. If the Director determines there is not sufficient grounds for denial, the application shall be approved if otherwise consistent with this Code and applicable law. 4. Multiple Outdoor Dining areas may be used. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet,whichever is less, for an over-the- counter application. Additional Outdoor Dining area up to 3,000 square feet may be approved with a special permit consistent with the design guidelines of this Section. 5.The Outdoor Dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The Outdoor Dining area must not obstruct direct access or egress from any entrance or exit. Travel space between the Outdoor Dining area and the building used for consuming food and beverages cannot cross an area where vehicular traffic is allowed, and a 10 foot visibility triangle must be maintained at all driveways and vehicular entrances. An Outdoor Dining area adjacent to a roadway or vehicular travel area must be located at least six feet from the edge of curb. If the Outdoor Dining area would cause the total building occupancy to exceed 49 people, the building must have at least two unobstructed exits consistent with the Building Code. 6. No additional parking is required when the Outdoor Dining area is less than 749 square feet. Any portion of the Outdoor Dining area 749 square feet or more shall be included as gross floor area for the purposes of calculating off-street parking requirements at the rate set in Section 12-306(1)(2.2)(d)of this Code. 7. The acoustical analysis requirements of Section 12-326(F)(7) are not applicable if the total Outdoor Dining area is less than 749 square feet and is limited to 49 persons or less. Instead, use of the Outdoor Dining area shall comply with the Noise Ordinance per Article 1 of Chapter 10. If a qualifying Outdoor Dining area is proposed to be used after 10:00 p.m. and is located within 500 feet of property planned for residential uses, excluding any portion that Page 3 of 8 Ordinance No. is planned to allow residential mixed uses, an acoustical analysis with a diagram of the Outdoor Dining area must be conducted to ensure compatibility with the Noise Ordinance. If an acoustical analysis shows compatibility, the qualifying Outdoor Dining area can be used after 10:00 p.m. for such time as the consumption of food and beverages is otherwise authorized for the property if consistent with the assumptions in the analysis to ensure compatibility. A copy of the acoustical analysis must be submitted to the Director, kept on the premises associated with the Outdoor Dining area, and promptly made available for inspection upon request by any person. Any expansion of the qualifying Outdoor Dining area will require an updated acoustical analysis before it can be used after 10:00 p.m. This Section does not authorize use of the Outdoor Dining area after 10:00 p.m. if the acoustical analysis does not show compatibility with the Noise Ordinance. 8. Barriers around Outdoor Dining areas are not required, but are allowed subject to this Code if not more than four feet in height and maintain at least 50%transparency to the outdoor elements. Barriers cannot block or enclose existing ingress or egress to a structure absent prior authorization from the Building Official or designee. Barriers can be permanent or temporary, and may include moveable stanchions and similar items. All barriers must have at least one direct exit made by either providing a gap in the barrier, or with a door or gate that swings in the direction of egress travel equipped with panic hardware and having an operating force of no more than five pounds, or as otherwise required by accessibility regulations. Door or gate swing shall not intrude into any travel or related area described in Subdivision 5 of Sub-section E of this Section, nor shall it intrude into any parking space. An Outdoor Dining area, where alcoholic beverages are consumed, must comply with barrier requirements as may be established by the California Department of Alcoholic Beverage Control. 9. Allowed furnishings may include tables, chairs, umbrellas, landscape pots, wait stations, planters, benches, waste receptacles, and similar items that help to define pedestrian and other use of the outdoor dining areas. Materials must be of wood, metal, stone, terra cotta, cast stone, hand-sculpted concrete, a solid surfacing material, or recycled plastic. Plastic resin furnishings are prohibited unless made of commercial-grade materials; chain linked fencing is prohibited. No signs shall be affixed to or supported by the furnishings or fixtures except as authorized by the Sign Ordinance. Permanent fencing, barriers, lighting, heating, cooling or other fixtures are allowed with a building permit consistent with Chapter 11 (Building Permits and Regulations). Individual table umbrellas may be used; roof Page 4 of 8 Ordinance No. coverings, canopies, tents or similar items are prohibited except with a building permit and subject to approval by the Fire Department. Furnishings such as tables and chairs, and fixtures such as portable heaters, shall not be stored in such a way as to be visible from the street for more than 72 hours. Furnishings and fixtures ready for use may remain in the outdoor dining area at all times even if visible from the street. 10.Outdoor Dining shall comply with all applicable federal, state or local laws, including Section 12-405(8)(9)(Installation of Outdoor Electric Lighting Fixtures), Article 5 of Chapter 10 (Fire Prevention), and Chapter 11 (Building Permits and Regulations) of this Code. In addition to any other remedies authorized by law, including citation, the City may revoke the approval following the process set forth in Section 12-405(E). F. Use of City Right of Way. Use of City of Fresno street easement or right- of-way, for Outdoor Dining purposes may be approved at the discretion of the Director after consultation with the Department of Public Works, subject to the following requirements in addition to those found in Subsection E except as noted: 1. No rent shall be charged for use of the encroachment area. 2. No additional parking shall be required for use of the encroachment area for Outdoor Dining; the parking requirements of Subsection E are not applicable to this Subsection F. 3. No updated security plan is required for use of the encroachment area, except an Outdoor Dining area involving alcoholic beverages shall comply with Subsection E(3) of this Section. 4.Semi-permanent structures, facilities, fixtures or buildings are allowed, but are not required. Such semi-permanent items in the Outdoor Dining area shall be subject to this Code and require a street work permit. Permanent structures are not allowed. 5. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet,whichever is less. 6. A valid encroachment permit is required by Section 13-219. Consistent with Section 13-219, an applicant shall be required by the permit or covenant to maintain the encroachment area free of any nuisance in fact or in law, and shall conduct activities in full compliance with all applicable federal, state, and local laws. The applicant shall also be solely responsible for operation, maintenance and repair of the encroachment area, and shall Page 5 of 8 Ordinance No. provide bonding,indemnification and maintain insurance acceptable to the City of Fresno. Applicant shall further agree the encroachment on the City of Fresno's property is a non-exclusive, revocable use. The City of Fresno, in its sale discretion, may revoke the encroachment permit upon determination by the Chief Administrative Officer, or designee, the use of any portion of the encroachment area is required for any municipal or public utility purpose, or is detrimental to or not in furtherance of the public health, safety, welfare and interest. The encroachment permit may also be revoked upon determination by the Chief Administrative Officer, or designee, the applicant has failed to comply with one or more of the terms, conditions, or restrictions of the permit and/or covenant. The revocation of an encroachment permit issued under this Section is not subject to Section 12-405(E). These terms, conditions and restrictions in the permit or covenant shall be recorded and run with the land. 7. Use of the encroachment area shall not cause the encroachment area, or adjacent property or right-of-way to become out of compliance with any applicable federal, state or local law including Chapter 11 of this Code. 8.Outdoor Dining in the encroachment area shall leave available and usable travel space as required by Subsection E(5) of this Section. G.Termination.No vested or any other property right is created by the approval of this Section or by any use, or construction of any structures, facilities, fixtures, or buildings, authorized by this Section. Should the City of Fresno repeal or amend this Section, no claim for loss of property rights or due process of any kind shall be maintained against the City of Fresno. H. Severability.If any subsection, sentence, clause, or phrase of this Section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The Council hereby declares that it would have passed this Section, and each subsection, clause or phrase thereof, regardless if anyone or more subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 2. Subsection (d) of Section 13-219 of Article 2, Chapter 13 of the Fresno Municipal Code is amended to read: (d) The Director shall revoke any encroachment permit upon determining that the applicant has failed to comply with one or more of the terms , conditions, or restrictions incorporated in the permit or the covenant and shall order the removal of all structures from the encroachment area. Page 6 of 8 Ordinance No. [This Subsection shall not apply to Subsection 12-328(F)of the Outdoor Dining Ordinance.] SECTION 3.Subsection (M)of Section 12-220.5, Article 2,Chapter 12 of the Fresno Municipal Code is repealed and reserved. SECTION 4.Subsection (M) of Section 12-231.5,Article 2,Chapter 12 of the Fresno Municipal Code is repealed and reserved. SECTION 5. Section 9-2503,Article 25,Chapter 9 of the Fresno Municipal Code is amended to read: SEC. 9-2503.DRINKING ON STREET OR PLAYGROUND. (a) No person shall drink any beer, wine or other intoxicating beverage on any street, sidewalk,pedestrian mall, alley, highway,playground,parking lot open to the general public or other lot open to the general public. (b)Subsection (a) of this section shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California. (c)Subsection (a) of this section shall not apply to any person in an encroachment area posted pursuant to subsection (d) of this section during business hours of the permittee restaurant. (d) The operator of any restaurant which serves any beer, wine, or other intoxicating beverage for consumption in an area operated for restaurant purposes on any street, sidewalk, or pedestrian mall pursuant to an encroachment permit issued by the Council shall post and maintain signs in or adjacent to the encroachment area reasonably calculated to give notice of the limits of the area and the exception contained in subsection (c) of this section. The number, content, physical features, and locations of such signs shall be only as approved by the Police Chief. The external boundaries of any encroachment area in which intoxicating beverages may be consumed shall be clearly designated by a painted line [delineated consistent with the limits of the area depicted]in the signs. (e)Subsection (a) of this section shall only apply to a parking lot or other lot open to the general public if: (1)Pursuant to the property owner's written request, the Police Chief has determined that the lot is open to the general public, and (2) The owner or operator has posted in a conspicuous place at each entrance to the lot a notice, approved by the Police Chief, to the effect that the lot is subject to the provisions of this section. Page 7 of 8 Ordinance No. (f)Notwithstanding subsection (a) of this section, the Parks and Recreation Director r.in consultation with the Police Chief,] may authorize the consumption of alcoholic beverages during an event of limited duration held in a mall area as defined in Section 14-1801 (f) of this Code aRG conducted by an organization 'INhen the event is for the benefit of a nonprofit organization, a charitable purpose, or the city. SECTION 6.This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. **************************** STATE OF CALIFORNIA ) COUNTY OF FRESNO )55. CITY OF FRESNO ) I,YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the __day of 1 2014. AYES NOES ABSENT ABSTAIN Mayor Approval :1 2014 Mayor Approval/No Return:1 2014 Mayor Veto:,2014 Council Override ,2014 YVONNE SPENCE, CMC City Clerk BY:---------Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY:---------- SHANNON L. CHAFFIN Senior Deputy City Attorney SLC:cg[63779cg/ORD]01.16.14 Page 8 of 8 Ordinance No. Section 12-326(H)(1)of the FMC For good cause,aspecial permit aLithorizing the establishment of a restaurant,tavern or night club, may be revoked pursuant to Section 12-405-E.In addition to the examples of what constitutes IIgood cause" in Section 12-405-E,examples also include, but are not limited to: a.Frequent calls for service to the Fresno Police Department regarding on-site issues I defined as occurring more than 1.5 times the average number of such response for property of a similar size and character and as further set forth and defined in the Management of Real Property Ordinance. b. When police calls for service where Part 1 Violent Crimes, such as aggravated assault, rape,assault with a deadly weapon,attempted murder,murder or an assault on a peace officer occur twice in a rolling twelve month period. C.Failure to comply with any condition contained in the special permit. d. Not functioning as the use approved by the special permit; as a restaurant,as a tavern or as a night club. This page intentionally left blank. Section 10-708 of the FMC It is hereby declared a public nuisance and a violation of this article for the owner,whether through the owner or owners'agent, lessee,sublessor, sublessee,or occupant of any premises in the City to permit, with actual or constructive knowledge,any of the following activities to habitually occur on the real property of the owner: (a) The illegal sale, use or possession of controlled substances or other illegal drugs and substances. (b) The gathering,or coming and going, of people who have an intent to purchase or use controlled substances on the premises. (c) The occurrence of prostitution. (d)Unlawful activities of a criminal street gang (as defined in Penal Code Section 186.22). (e) The making or continuing,or causing to be made and continued,of any loud,unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood,or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing on the property or in the area. The standards set forth in Fresno Municipal Code Chapter 10, Article 1 shall be utilized in determining whether a violation of this subsection exists. (f) The unlawful discharging of a firearm or brandishing of a weapon by any person. (g) The frequent response by the Fresno Police Department to the real property or the adjacent area (but not the real property of another)as a result of any person or persons causing any combination of the following calls as indicated in the City of Fresno Police Department Incident Code Identifier: (1)Animal disturbances,including but not limited to competitive fighting between animals. (2)Violent criminal acts, charged or not,including,but not limited to rapes, assaults, battery,homicides and/or shootings. (3) Illegal consumption of intoxicants in public view. (4)Gaming activities. (5)Juvenile disturbances. "Frequent"as used in this subsection means such response is occurring more than 1.50 times than the average number of such responses for property of a similar size in character in the same "policlnq district" established by the police chief. (h) The presence of graffiti or other defacing words, letters, or drawings,trash and debris on the property for a 48 hour period. (i) The presence of abandoned vehicles or improperly stored inoperative,wrecked,or dismantled vehicles on the property,except as permitted in Article 6,Chapter 10. 0)Violations of Article 3,Chapter 11 (Housing Regulations)Article 4,Chapter 11 (Dangerous Building Ordinance),Article 5,Chapter 10 (Fire Prevention Ordinance)or Article 6,Chapter 10 (Public Nuisance Ordinance)of the Fresno Municipal Code,occurring on anyone or more properties of the same owner within the City of Fresno.(Added Ord. 98- 73,§1, eff.10-24-98). Section 14-1801 (f) of the FMC The following are mall streets: Fulton Mall-between the southeast curb line of Tuolumne Street and the northwest curb line of Inyo Street,excepting the vehicular traveled ways of Fresno Street and Tulare Street. Merced Mall-between the Fulton-Van Ness Alley and the Broadway-Fulton Alley. Mariposa Mall-between the northeast curb line of Broadway and the Broadway-Fulton Alley and between the Broadway-Fulton Alley and the southwest curb line of Van Ness Avenue. Mariposa Mall-between the northeast curb line of "011 Street and the southwest curb line of IIp"Street. Kern Mall-between the Fulton-Van Ness Alley and the Broadway-Fulton Alley and between the Broadway-Fulton Alley and 160 feet southwesterly of the Broadway-Fulton Alley. Broadway Mall-the northeast 20.00 feet of Broadway-between the northwest line of the Kern Mall, and a point 155 feet northwest of the northwest line of the Kern Mall. Broadway Mall-the northeast 20.00 feet of Broadway-between the southeast line of the Kern Mall, and a point 105 feet southeast of the southeast line of the Kern Mall. This page intentionally left blank. County of Fresno DEPARTMENT OF PUBLIC HEALTH DAVID POMAVILLE,M.B.A.,RiiE.H.S. INTERIM DIRECTOR November 8,2013 LU0017507 2602 Israel Trejo City of Fresno Development Department 2600 Fresno Street Fresno.CA 93721 Dear Mr. Trejo: PROJECT NUMBER:TA-13-006 Text Amendment Application No. TA-13-006 was initiated by the City of Fresno Development and Resource Management Department and proposes to add Section 12-328 and amend Subsection (d) of Section 13-219 of Chapter 12 of the Fresno Municipal Code (Zoning Ordinance)to allow for the expansion and use of certain outdoor dining areas,including street easement and right-of-way, without requiring a special permit. The text amendment will apply to Restaurants,Taverns, Delicatessens,Ice Cream Stores,Cafeterias,Banquet Halls.Bakeries,Micro-breweries,and other similar uses. Citywide Application The proposed text amendment should be routed to the California Alcoholic Beverage Control Department for ABC license requirements relating to outdoor serving and consumption areas. Recommended Conditions of Approval: • If facilities propose outdoor dining food/beverage preparation stations (including the addition of beverage dispensing equipment and/or remodeling of the facility),the businesses will be required to submit complete food facility plans and specifications to the Fresno County Department of Public Health.Environmental Health Division,for review and approval.Please contact the Consumer Food Protection Program at (559)600~3357 for more information. REVIEWED BY: Kevin Tsuda,R.E.H.S. Environmental Health Specialist II (559) 600-3271 Dedicated to Public Health 1221FultonMall/P.O.Box11867,Fresno,California 93ns /(559) 600-3271/FAX (SS9)600~7629 Equal Employment Opportunity.Affirmative Action •Disabled Employer www.fcdph.org This page intentionally left blank. Notice of Intent was filed with: CITY OF FRESNO NEGATIVE DECLARATION FRESNO COUNTY CLERK 2221 Kern Street Fresno,California 93721 ENVI RONMENTAL ASSESSMENT NUMBER: TA-13-006 on October 31, 2013 APPLICANT:PROJECT LOCATION: City of Fresno Citywide within the City of Fresno Development &Resource Management Dept. 2600 Fresno Street Fresno, CA 93721 PROJECT DESCRIPTION: The City of Fresno Development and Resource Management Department has initiated Text Amendment Application No.TA-13-006 (Outdoor Dining Ordinance). Text Amendment Application No.TA-13-006 proposes to allow for the expansion and use of certain outdoor dining areas, including within the street easements and rights-of-way,without requiring a special permit for certain uses. The text amendment will apply to Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries,Micro-breweries and other similar uses. Negative Declaration The City of Fresno Development and Resource Management Department has conducted an initial study of the above-described project and proposes to adopt a Negative Declaration. The environmental analysis contained in the attached Initial Study finds that the proposed project could not have a significant effect on the environment. Additional information on the proposed project including the environmental finding of a negative declaration,initial study and all documents and technical studies referenced in the initial study, as well as electronic copies of documents,may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, Third Floor-North, Room 3076, Fresno, California 93721-3604. Please contact Israel Trejo at (559)621-8044 for more information. The initial study has concluded that the proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significancetl contained in Section 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment. PREPARED BY:SUBMITTED BY: Israel Trejo,Planner ~~.SU~~Sing Planner DATE:October 31,2013 DEVELOPMENT &RESOURCE MANAGEMENT DEPARTMENT Attachments:-Notice of Intent - Initial Study (Appendix G) CITY OF FRESNO NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION PROJECTTITLE AND ENVIRONM ENTAL ASSESSMENT TA-13-0G6 Filedwith: E201310000272 PROJECT LOCATION: Citywidewithin the City of Fresno APPLICANT: City of Fresno- Development &Resource Management Dept. 2600 FresnoStreet Fresno. CA 93721 ---------------------1 FRESNO COUNTY CLERK 2221 Kftrrrt.t.no,leaD 93721 OCT 3FRE~<TY CLERK By ~%7 - "p"DEPUTY PROJECT DESCRIPTION:The City of Fresno Development and Resource Management Department has initiated Text Amendment Application No. TA-13-006 (Outdoor Dining Ordinance). Text Amendment Application No.TA-13-00B proposes to allow for the expansion and use of certain outdoor dining areas. including within the street easements and rights-of-way, without requiring a special permit for certain uses. The text amendment will apply to Restaurants. Taverns, Delicatessens. Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries, Micro- breweries and other similar uses. The City of Fresno Development and Resource Management Department has conducted an initial study of the above-described project and proposes to adopt a Negative Declaration. With the project requirements and parameters imposed, there is no substantial evidence in the record that this project may have significant.direct, indirect. or cumulative effects on the environment that are significant; therefore, this project will not require the preparation on an environmental impact report. Additional information on the proposed project, including the proposed environmental finding of a negative declaration. initial study and all documents and technical studies referenced in the initial study, as well as electronic copies of documents, may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, Third Floor-North, Room 3076, Fresno, California 93721-3604. Please contact Israel Trejo at (559) 621-8044 for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Comments may be submitted at any time between the publication date of this notice and close of business on November 20. 2013. Please direct all comments to Israel Trejo. City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Third Floor-North. Room 3076, Fresno, California, 93721-3604; or by email, IsraeI.Trejo@fresno.gov; or by facsimile, (559) 498-1026. The text amendment application and this proposed environmental finding have been tentatively scheduled to be considered by the Fresno City Planning Commission on November 20.2013.at 6:00 p.m., or thereafter, and has been tentatively scheduled before the Fresno City Council for introduction on December 5, 2013 and for consideration on December 12 1 2013"with times yet to be identified. These hearings will be held in the Fresno City Council Chamber located on the second floor at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721-3604. Your written and oral comments are welcomed at the hearings and will be considered in the final decision. E201310000272 Notice of Intentto File Negative Declaration EANo.TA·13-006 October 31 t 2013 INITIAL STUDY PREPARED BY: Israel Trejo,Planner DATE:October 31.2013 Will Tackett S pervising Planner CITY OF FR NO -DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT APPENDIX G/INITIAL STUDY Environmental Checklist Form for: EA No. TA ...13-006 1.Project title: Text Amendment Application No.TA-13-006 (Outdoor Dining Ordinance) 2.Lead agency name and address: City of Fresno Development and Resource Management Department 2600 Fresno Street Fresno, CA 93721 3.Contact person and phone number: Israel Trejo,Planner City of Fresno Development &Resource Management Dept. (559)621-8044 4.Project location: Citywide within the City of Fresno 5.Project sponsor's name and address: City of Fresno -Development &Resource Management Dept. 2600 Fresno Street Fresno, CA 93721 6.General plan designation: Not applicable 7.Zoning: Not applicable -1- 8.Description of project: The application was initiated by the Director of the Development and Resource Management Department and is a request to allow for the expansion and use of certain outdoor dining areas, including within the street easements and rights-of-way, without requiring a special permit for certain uses 9.Surrounding land uses and setting: I-Planned Land Use Existing Zoning Existing Land Use North Not applicable Not applicable Not applicable East Not applicable Not applicable Not applicable South Not applicable Not applicable Not applicable West Not applicable Not applicable Not applicable 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): City of Fresno (COF)Department of Public Works; COF Building and Safety Services Division; COF Fire and Police Department. -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the 'checklist on the following paqes, Aesthetics Agriculture and Forestry Air QualityResources Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Hazards &Hazardous Emissions Materials HydrologylWater Quality Land Use/Planning Mineral Resources Noise Population /Housing Public Services Recreation Mandatory Findings of Transporta tionlTraffic __Utilities/Service Systems Significance DETERMINATION:(To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. I find that the proposed project is a subsequent project identified in the MEIR and Air Quality MND but that it is not fully within the scope of the MEIR and Air Quality MND because the proposed project could have a significant effect on the environment that was not examined in the MEIR or Air Quality MND. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Monitoring Checklist will be imposed upon the proposed project.A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project is a subsequent project identified in the MEIR but that it MAY have a significant effect on the environment that was not examined in the MEIR or Air Quality MND, and an ENVIRONMENTAL IMPACT REPORT is required to analyze the potentially significant effects not examined in the MEIR or Air Quality MND pursuant to Public Resources Code Section 21157.1(d)and CEQA Guidelines 15178(a). -3- x A ~;r Signiture EVALUATION OF ENVIRONMENTAL IMPACTS: October 31, 2013 Date 1. A brief explanation is required for all answers except "No lrnpact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A IINo lrnpact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A IINo Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g" the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2.All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3.Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant."Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant.If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. A "Flndinq of Conformity"is a determination based on an initial study that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR and Air Quality MND because it would have no additional significant effects that were not examined in the MEIR or the Air Quality MND. 5."Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII,"Earlier Analyses,II may be cross-referenced). 6.Earlier analyses may be used where,pursuant to the tiering, program EIR or MIER, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).In this case, a brief discussion should -4- identify the following: a.Earlier Analysis Used.Identify and state where they are available for review. b.frnpacts Adequately Addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in the MEIR or another earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c.Mitigation Measures.For effects that are "Less than Significant with Mitigation Measures tncorporated."describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.q.,general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8.Supporting Information Sources:A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 9.This is only a suggested form I and lead agencies are free to use different formats; however,lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 10.The explanation of each issue should identify: a. The significance criteria or threshold,if any, used to evaluate each question;and b. The mitigation measure identified,if any, to reduce the impact to less than significance Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporate d I.AESTHETICS -- Would the project: -5- ENVIRONMENTAL ISSUES a) Have a substantial adverse effect on a scenic vista? b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x x The proposed project will have no impact on a scenic vista because any structure that may be built will of relatively low height. Any proposed project will not be performing any work within a state scenic highway, therefore, the project will not substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway. The project will allow for development consistent with the predominant development in the existing area, therefore it will not substantially degrade the existing visual character or quality of the site and its surroundings. Furthermore, development of a potential project will not create a new source of substantial light or glare which would affect day or night time views in a project area, given that the project will only have lights consistent with other locations in the area. -6- ENVIRONMENTAL ISSUES II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. -- Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non- forest use? Potentially Significant Impact -7- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpact Mitigation Impact Incorporated e) Involve other changes in the existing environment which, due to their location or nature, could result x in conversion of Farmland, to non- agricultural use? The proposed project does not apply to farmland and, as such, the potential projects will not conflict with existing zoning or a Williamson Act contract. Potential project sites will be zoned for commercial uses, therefore it will not conflict with existing zoning for, or cause rezoning of, forest land or timberland. Potential project sites will be zoned for commercial uses, therefore a potential project will not result in the loss or conversion of forest land. The project will allow for the development of patios at existing locations, therefore the project will not result in the conversion of farmland to a non-agricultural use. ENVIRONMENTAL ISSUES III. AIR QUALITY AND GLOBAL CLIMATE CHANGE -(Where available I the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.)- Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Impact -8- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x ENVIRONMENTAL ISSUES c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors )? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x The proposed project will comply with the Resource Conservation Element (regarding Air Quality) of the 2025 Fresno General Plan and the Goals, Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments, therefore the project will not conflict with or obstruct an applicable air quality plan. The project must comply with the construction and development requirements of the San Joaquin Valley Air Pollution Control District, therefore, no violations of air quality standards will occur. The project will not occur at a scale or scope to have potential to contribute substantially to existing or projected air quality violation. Additionally, the project will not occur at a scale or scope which will result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment. The proposed project is not proposed at a scale or scope which would be expected to generate substantial pollutant concentrations, therefore there will be no exposure to sensitive receptors. The project is proposing to allow for small patio areas at existing commercial locations, therefore it is not expected to create objectionable odors affecting a substantial number of people. -9- ENVIRONMENTAL ISSUES IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies. or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Potentially Significant Impact -10- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x Less Than .Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigation Impact Incorporated e)Conflict with any local policies or ordinances protecting biological X resources,such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional,or state habitat conservation plan? The proposed project would allow for patios at existing commercial locations, therefore the proposed project would not directly affect any sensitive, special status, or candidate species, nor would it modify any habitat that supports them. At existing commercial locations, there will be no riparian habitat or any other sensitive natural community identified in the vicinity of the proposed project by the California Department of Fish and Game or the US Fish and Wildlife Service. No federally protected wetlands will be located at existing commercial locations. Therefore, there would be no impacts to species, riparian habitat or other sensitive communities and wetlands. Potential commercial sites will not be located within a native resident or migratory fish area, therefore it will not impede on their movement. Proposed project sites will not contain a native wildlife nursery site. No local policies, habitat conservation plan, regarding biological resources are applicable to potential project sites and there would be no impacts with regard to those plans. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpactMitigation Impact Incorporated v.CULTURAL RESOURCES -- Would the project: -11- ENVIRONMENTAL ISSUES a) Cause a substantial adverse change in the significance of a historical resource as defined in 115064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x The project proposes a patio use at existing commercial locations, therefore it is not expected to cause a substantial adverse change in the significance of a historical resource. The project is proposing a commercial use at existing locations therefore it will not cause a substantial change in the significance of an archaeological resource. The project is proposing a commercial use at existing locations, therefore it will not destroy a unique paleontological resource or geologic feature. The project does not have the potential to disturb human remains as the use will be at existing commercial locations. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpact Mitigation Impact Incorporated VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects,X including the risk of loss, injury, or death involving: -12- ENVIRONMENTAL ISSUES i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? iv)Landslides? b)Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on- or off-site landslide,lateral spreading, subsidence,liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-8 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Significant Impact -13- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x x x x x Fresno has no known active earthquake faults, and is not in any Alquist-Priolo Special Studies Zones. The proposed use will be at existing commercial locations, therefore there are no known geologic hazards or unstable soil conditions known to exist on potential sites. Potential project sites will not be located within an area that has strong seismic ground shaking, liquefaction or landslides. The project is a proposing a patio use at existing commercial locations, therefore there is not expected to be substantial soil erosion or the loss of topsoil. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District (FMFCD) Standards, therefore the project is not expected to be unstable, be located on expansive soil. All new structures are required to conform to current seismic protection standards in the California Building Code. Septic tanks or alternative waste water disposal systems will not be a part of the project. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated VII. GREENHOUSE GAS EMISSIONS --Would the project: a)Generate greenhouse gas emissions, either directly or indirectly,xthat may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the xpurpose of reducing the emissions of greenhouse gases? The project is not proposed at a scale or scope which could either directly or indirectly have a significant impact on the environment. The proposed project will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. -14- ENVIRONMENTAL ISSUES VIII.HAZARDS AND HAZARDOUS MATERIAL --Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan Of,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially ~~;~ifTc~~~Less Than Significant with Mitigation Significant Impact Incorporated Impact -15- No Impact x x x x x x ENVIRONMENTAL ISSUES g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? P t r II Less Than Less Thano en ra y Significant Significant with Mitigation Significant Impact Incorporated Impact x No Impact X The proposed project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, because said project does not involve the use of hazardous materials; additionally, as such, there is no significant hazard to the public or the environment through an accident. The project proposes to allow for patios at existing commercial locations, therefore it is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The use will not be allowed at hazardous materials sites. Potential project areas may be located within an airport land use plan or vicinity of a private airstrip, however, only minor structures may be built, as such, the project would not result in a safety hazard for people residing or working in a project area. The project will also be reviewed by the Airport Land Use Commission (ALUC). Recommendations of the ALUC will be given to the City Council prior to approval of the text amendment. Potential projects must comply with the Building Code requirements for emergency access points, therefore it will not interfere will an emergency evacuation plan. Potential project areas will not located near wildland areas, therefore the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated IX.HYDROLOGY AND WATER QUALITY --Would the project: -16- ENVIRONMENTAL ISSUES a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river. or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Potentially Significant Impact -17- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x x x ENVIRONMENTAllSSUES f)Otherwise substantially degrade water quality? g) Place housing within a 1aD-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i)Expose people or structures to a significant risk of loss, injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? Potentially Significant Impact Less Than Significant with Mitigation lncorporated Less Than No Significant Impact Impact x x x x x The project is not proposed at a scale or scope which would violate water quality standards or waste discharge requirements.The project is not proposed at a scale or scope which would substantially deplete groundwater supplies and will not be located in areas of groundwater recharge. The project is not proposed at a scale or scope which would substantially alter the existing drainage of an area; there will be no streams or rivers in proposed project areas.Any paving of property will require compliance with grading and drainage standards of the City of Fresno and FMFCD,therefore it is not expected to create runoff water exceeding capacity. The project is proposing a patio area at existing commercial locations and is therefore,not expected to substantially degrade water quality. The project does not propose housing and will not be located within a flood prone or hazard area.Additionally,proposed project areas will not located in an area subject to inundation by seiche,tsunami or mudflow. -18- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? x b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal proqrarn, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? x c) Conflict with any applicable habitat conservation plan or natural community conservation plan? x The project is not a scale or scope to be able to divide an established community. Any potential projects will be required to comply zoning regulations therefore it will not conflict with any land use plan or policy. The project proposes to allow for the development of patios at existing commercial locations, therefore it will not conflict with r Iany conserva Ion pans. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpact Mitigation Impact Incorporated XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state? -19- Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated b) Result in the loss of availability of a locally-important mineral resource Xrecovery site delineated on a local general plan, specific plan or other land use plan? Proposed project areas will not located in areas designated for mineral resource preservation or recovery. ENVIRONMENTAL ISSUES XII. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact -20- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact X x x x Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? The project will be required to comply with the Noise Ordinance of the Fresno Municipal Code. Therefore, it will not expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance. Should an operator propose outdoor dining after 10:00 p.m., and within 500 feet of property planned for residential uses (excluding mixed use), an approved acoustical analysis must be provided. The project proposes to allow for small outdoor dining areas and, therefore, is not expected to expose persons to or generate of excessive groundborne vibration or groundborne noise levels. Patios are of temporary use in nature, and, therefore, not expected to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Potential projects will be required to comply with the Noise Ordinance of the Fresno Municipal Code and, therefore, are not expected to expose people residing or working in an airport land use plan (or within the vicinity of a private airstrip) to excessive noise levels. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpact Mitigation Impact Incorporated XIII. POPULATION AND HOUSING - - Would the project: -21- ENVIRONMENTAL ISSUES a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x Although the project will be intensifying the use of the site, development may occur at an intensity and scale that is permitted by the planned land use designation and zone district classification for the site. Potential projects will not displace any housing or people. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated XIV. PUBLIC SERVICES -- -22- Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpactMitigationImpact Incorporated a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmentaI facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Drainage and flood control? X Parks?X Schools?X Other public services? X The project is not proposed at a scale or scope to creaste substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated XV.RECREATION-- -23- ENVIRONMENTAL ISSUES a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x The project is proposed at a size and scope which is not expected to result in the substantial physical deterioration of existing parks or recreational facilities. The project does not propose recreational facilities at a scale or scope which might have an adverse physical effect on the environment. ENVIRONMENTAL ISSUES XVI.TRANSPORTATIONITRAFFIC - - Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? P t u 1\Less Than Less Thano en la y Significant No Significant with Mitigation Significant Impact Impact Incorporated Impact x -24- ENVIRONMENTAL ISSUES b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures or.other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? P t to II Less Than Less Thano en ra y Significant No Significant with Mitigation Significant Impact Impact Incorporated Impact x x x x x The proposed project will not conflict with a plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit.since it is only proposing to allow small patios at existing commercial locations. Additionally, the project will not conflict with any congestion management program, since the project proposes to allow small patios adjacent to existing commercial locations. The project is not at a scale or scope to change air traffic patterns. Any proposed patios must comply with the requirements of the Fresno Municipal Code, therefore it will not increase -25- hazards due to design features. Any proposes patios must comply with the building and fire code, therefore there will not be inadequate emergency access. The project will not conflict with adopted policies or plans regarding public transit, bicycle or pedestrian facilities because adequate pedestrian facilities must be maintained. ENVIRONMENTAL ISSUES XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less ThanPotentially Less Than No Significant Significant Significant Impact with Mitigation Impact Impact Incorporated x x x x x -26- Potentially Less Than Less ThanSignificant NoENVIRONMENTALISSUESSignificantSignificant Impact with Mitigation Impact Impact Incorporated ......... landfillf) Be served by a with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g) Comply with federal, state, and Xlocal statutes and regulations related to solid waste? The project is not proposed at a scale or scope to exceed wastewater treatment requirements of the Regional Water Quality Control Board; additionally, the project is proposed at a size and scope which will not require new water or wastewater treatment facilities. Potential projects will not require the construction of new storm water drainage facilities. The project is proposed at a scale and scope which will not require new entitlements for water. The project is proposed at a scale and scope which can be served by existing wastewater capacity. No additional landfill capacity will be needed to serve the relatively minor projects. All existing commercial sites and project areas must comply with federal, state, and local statutes and regulations related to solid waste. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpact Mitigation Impact Incorporated XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- -27- ENVIRONMENTAL ISSUES a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x The proposed project is considered to be proposed at a size and scope which is neither a direct or indirect detriment to the quality of the environment through reductions in habitat, populations, or examples of local history (through either individual or cumulative impacts). The proposed project does not have the potential to degrade the quality of the environment or reduce the habitat of wildlife species and will not threaten plant communities or endanger any floral or faunal species. Furthermore the project has no potential to eliminate important examples of major periods in history. Therefore, as noted in preceding sections of this Initial Study, there is no evidence in the record to indicate that incremental environmental impacts facilitated by this project would be -28- cumulatively significant. There is also no evidence in the record that the proposed project would have any adverse impacts directly, or indirectly, on human beings. -29- Council District 1 Plan Implementation Committee, on November 5, 2013, recommended approval of the proposed text amendment. Council District 2 Plan Implementation Committee, on January 27,2014,recommended approval of the proposed text amendment. Council District 3 Plan Implementation Committee, on November 4, 2013, recommended approval of the proposed text amendment. Council District 4 Plan Implementation Committee, on January 27, 2014, recommended approval of the proposed text amendment. Council District 5 Plan Implementation Committee. on January 27, 2014, recommended approval of the proposed text amendment. The Committee recommended that barriers (i.e. fencing) be required for those the patios that serve alcohol. Staff response: a business operator will have to submit an operational statement approved by the Police Department. The operator will have to provide an exhibit depicting the alcohol consumption areas and must also provide continuous supervision at said area. Council District 6 Plan Implementation Committee, on February 5, 2014, recommended denial of the proposed text amendment. The reasons for recommending denial were: the Committee wants to review outdoor dining applications but will not be able to with an over-the-counter application and would require significant resources to monitor bad operators. Council District 7 Plan Implementation Committee, there is no Committee at this time. Fulton-Lowell Committee, on February 3,2014,recommended approval of the proposed text amendment. The Committee recommended that smoking be addressed in the text amendment and clarify whether a patio would be allowed to be constructed within a trail. Staff response: staff did not include in the proposed text amendment the prohibition of smoking within patios on private and public property. Additionally, a patio is not allowed to be constructed within a trail as per the requirements of the text amendment. Tower District Advisory Committee, on February 7, 2014, reviewed the project and provided recommendations, including, the Committee would like to retain review authority of proposed patios. There was no quorum, therefore, there was no vote on the project. FRESNO CITY PLANNING COMMISSION RESOLUTION NO.13266 The Fresno City Planning Commission at its regular meeting on January 29,2014,adopted the following-resolution pursuant to Section 12-402 of the Municipal Code of the City of Fresno. WHEREAS,the intent and purpose of Text Amendment Application No.TA-13-006 is to allow for the expansion and use of outdoor dining areas,including within street easements and rights-of-way (Le.sidewalks),without requiring a special permit for certain uses;and WHEREAS,on October 22,2013,the Development and Resource Management Department Director,initiated proceedings to consider amending the text of the Zoning Ordinance,pursuant to the provisions of Section 12-402-A of the Fresno Municipal Code (FMC);and,. WHEREAS,Text Amendment Application No.TA-13-006 proposes to add Section 12-328,repeal and reserve Subsection (M)of Sections 12-220.5 and 12-231.5,amend Subsection (d) of Section 13-219,and amend Section 9-2503 of the FMC; and., WHEREAS,the Planning Commission's scheduled January 29,2014,hearing on Text Amendment Application No.TA-13-006 was daly noticed by publication in the Fresno Bee on October 31, 2013, the newspaper of greatest local circulation;and WHEREAS,on November 20, 2013,the Fresno Planning Commission continued the hearing to consider Text Amendment Application No.TA-13-006;and, WHEREAS,on December 18,2013,the Fresno Planning Commission continued the hearing to consider Text Amendment Application No.TA-13-006;and, WHEREAS,on January 29,2014,the Fresno Planning Commission conducted a public hearing to consider Text Amendment Application No.TA-13-006;and, WHEREAS,on January 29,2014 the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested text amendment;and, WHEREAS,the Commission discussed the issue of whether smoking should be allowed within patios on private and public property;and, WHEREAS,no one spoke in opposition to the proposed text amendment;and, NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission finds that there is no substantial evidence in the record to indicate that the proposed text amendment application may have a significant effect on the environment and recommends the City Council approve the Negative Declaration prepared for Environmental Assessment No.TA-13-006,dated October 31, 2013. Planning Commission Resolution No. 13266 Text Amendment Application No.TA-13-006 January 29,2014 Page 2 BE IT FURTHER RESOLVED that the Fresno City PlanninqComrnission hereby recommends to the City Council that Text Amendment Application No.TA-13-006,proposing to add Section 12-328, repeal and reserve Subsection (M) of Sections 12-220.5 and 12-231.5,amend Subsection (d) of Section 13-219,and amend Section 9-2503 of the FMC be approved,with the following addition to Section 12-328: 1.12..328.E.11:Smoking shall be prohibited within patios on private property and on street easements or right-of-way. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Torrosian,seconded by Commissioner Hansen-Smith. VOTING:Ayes - Noes - Not Voting - Absent - DATED:January 29, 2014 Torrosian (vice chair),Hansen-Smith,Medina, Reed,Vasquez, Holt (chair) None None None Resolution No.13266 Text Amendment Application No.TA-13-006 Filed by Development and Resource Management Department Action:Recommend Approval Date Adopted: Page 1 of 10 Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ______ ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, REPEALING SECTION 12-328 OF THE FRESNO MUNICIPAL CODE AND ADDING ARTICLE 22 OF CHAPTER 12 TO THE FRESNO MUNICIPAL CODE RELATING TO OUTDOOR DINING THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12-328 of Article 3, Chapter 12 of the Fresno Municipal Code is repealed. SECTION 2. Article 22 is added to Chapter 12 of the Fresno Municipal Code to read: ARTICLE 22 OUTDOOR DINING Section 12-2201. Title. 12-2202. Purpose. 12-2203. Definitions. 12-2204. Applicability. 12-2205. General Requirements for Outdoor Dining Areas. 12-2206. Use of City Right-Of-Way. 12-2207. Termination. 12-2208. Severability. SEC. 12-2201. TITLE. This Section shall be known as the “Outdoor Dining Ordinance.” SEC. 12-2202. PURPOSE. The purpose of this Section is to allow for the expansion and use of certain outdoor dining areas, without requiring a special permit, to promote business, revitalization, and public safety. SEC. 12-2203. DEFINITIONS. For the purpose of this Section, “Outdoor Dining” shall refer to a delineated area, including patios, sidewalks, and similar areas, located outside of and adjacent to a building used for serving and consuming food and beverages, a portion of which must be within 20 feet of said building. “Encroachment Page 2 of 10 Area” shall refer to that portion of City of Fresno right-of-way where Outdoor Dining is permitted. “Outdoor Dining Operator” shall mean the operator of a business wishing to engage in Outdoor Dining, whether operator is the property owner, tenant, lessee, or other legal occupant of the business location. SEC. 12-2204. APPLICABILITY. This Section shall apply to Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries, Micro- breweries and similar uses. SEC. 12-2205. GENERAL REQUIREMENTS FOR OUTDOOR DINING AREAS. (a)No site plan, conditional use permit, or amendment to an existing special permit is required for expansion into an Outdoor Dining area if the proposed use is authorized for any portion of the applicant’s property, and Outdoor Dining use is not expressly prohibited by a condition of an existing special permit, approved parcel or tract map, or zoning action. (b)Use of the Outdoor Dining area shall be subject to the same hours of operation and conditions as the existing authorized use for the property. The Chief Administrative Officer is authorized to further restrict the hours of or days of operation, locations of operation, or restrict use during special events, construction activities, or circumstances as he deems necessary or appropriate. (c)No updated or additional safety or security plan is required. Page 3 of 10 (d)Multiple Outdoor Dining areas may be used. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet, whichever is less. Additional Outdoor Dining Area up to 3,000 square feet may be approved with a special permit. (e)The Outdoor Dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The Outdoor Dining area must not obstruct direct access or egress from any entrance or exit. A 10 foot visibility triangle must be maintained at all streets, driveways, and vehicular entrances. An Outdoor Dining area adjacent to a roadway or vehicular travel area must be located at least six feet from the edge of the curb. (f)No additional parking is required when the Outdoor Dining area is less than 749 square feet. (g)The acoustical analysis requirements of Section 12- 326(F)(7) are not applicable to Outdoor Dining if the total Outdoor Dining area is less than 749 square feet and is limited to 49 persons or less. Use of the Outdoor Dining area shall comply with the Noise Ordinance per Article 1 of Chapter 10. (h)Barriers around Outdoor Dining areas are not required, but movable temporary barriers are allowed subject to this Code if not more than four feet in height and maintain at least fifty percent transparency to the outdoor elements. Temporary barriers cannot block or enclose existing ingress or egress to a structure absent prior authorization from the Page 4 of 10 Building Official or designee, and all temporary barriers must have at least one direct exit made by either providing a gap in the temporary barrier, or with a gate swinging in the direction of egress, but not into the travel area, equipped with panic hardware. (i)Allowed furnishings may include tables, chairs, umbrellas, landscape pots, wait stations, planters, benches, waste receptacles, and similar items that help to define pedestrian and other use of the outdoor dining areas. Materials must be of wood, metal, stone, terra cotta, cast stone, hand-sculpted concrete, a solid surfacing material, or recycled plastic. Plastic resin furnishings are prohibited unless made of commercial-grade materials; chain link fencing is prohibited. No signs shall be affixed to or supported by the furnishings or fixtures except as authorized by the Sign Ordinance. Permanent lighting, heating, or cooling fixtures may be allowed with a building permit consistent with Chapter 11 (Building Permits and Regulations). Individual table umbrellas may be used. If any heating devices are used, other coverings, canopies, tents or similar items are prohibited except with a building permit and subject to approval by the Fire Department. (j)If a qualifying Outdoor Dining area is proposed to be used after 10:00 p.m. and is located within 500 feet of property planned residential uses, excluding any portion that is planned residential mixed uses, an acoustical analysis with a diagram of the Outdoor Dining area must be conducted to ensure compatibility with the Noise Ordinance. If an Page 5 of 10 acoustical analysis shows compatibility, the Outdoor Dining area can be used after 10:00 p.m. for such time as the consumption of food and beverages is otherwise authorized for the property if consistent with the assumptions in the analysis to ensure compatibility. A copy of the acoustical analysis must be submitted to the Director, kept on the premises associated with the Outdoor Dining area, and promptly made available for inspection upon request by any person. Any expansion of the Outdoor Dining area will require an updated acoustical analysis before it can be used after 10:00 p.m. If the acoustical analysis does not show compatibility, use of the Outdoor Dining area can be used after 10:00 p.m. upon approval of a valid conditional use permit for the extended use. This Section does not authorize use of the Outdoor Dining area after 10:00 p.m. if the acoustical analysis does not show compatibility with the Noise Ordinance. (k)This Ordinance does not authorize anyone to commit a trespass or taking of another’s property or otherwise impair the property rights of another property owner or occupant. (l)This Ordinance does not authorize the use of any property by mobile vendors. (m)Outdoor Dining shall otherwise comply with all applicable federal, state or local laws, including Chapter 11 of this Code. In addition to any other remedies authorized by law, including citation, the city may revoke the approval following the process set forth in Section 12-405(E). Page 6 of 10 SEC. 12-2206. USE OF CITY OF RIGHT-OF-WAY. Use of city street easement or right-of-way for Outdoor Dining purposes is allowed without obtaining any permit or encroachment agreement, subject to the following requirements in addition to those found in Section 12-2205, except as noted: (a)Outdoor Dining shall be allowed on a first come basis in an Encroachment Area upon paved city right-of-way in an area immediately adjacent to a building in which Outdoor Dining is otherwise permitted by the legal occupant of that building. If two or more persons desire to use the same Outdoor Dining Encroachment Area, the Chief Administrative Officer may allocate the available area to each as he deems appropriate. (b)Outdoor Dining is not allowed in the following areas: any area designated for vehicular traffic, bicycle traffic, or parking, or any area within four feet of such an area; within ten feet of a fire hydrant; in any area that does not allow free and adequate pedestrian access and movement, including ingress and egress to and from a building or parking facility; in any area between the street and another business or residential use; in any area that would block or hinder access to any street light or traffic signal equipment, irrigation controllers, pull boxes or utility vaults; upon any unimproved surface; or any area specifically restricted or prohibited for such a use by the Chief Administrative Officer or designee. (c)No rent or fees shall be charged for use of the Encroachment Area. Page 7 of 10 (d)No additional parking shall be required for use of the Encroachment Area for Outdoor Dining; the parking requirements of Section 12-2205 are not applicable to this Section 12-2206. (e)No updated safety or security plan is required for use of the Encroachment Area, unless such a requirement is imposed by the Chief Administrative Office in response to the particular circumstances of the location. (f)Permanently attached structures, facilities, fixtures or buildings are not allowed in the Encroachment Area without appropriate building or other permits, including an encroachment permit required by Section 13-219. (g)The Encroachment Area shall remain free of any nuisance, and shall remain in full compliance with all applicable federal, state, and local laws. The Outdoor Dining Operator shall also be solely responsible for operation, maintenance and repair of the Encroachment Area, subject to direction by the city. The encroachment on the city’s right-of-way is a non-exclusive, revocable use. The Chief Administrative Officer or designee in his absolute and sole discretion, with or without prior notice, may revoke, condition, or require modification of the use upon determination that any portion of the Encroachment Area is required for any municipal or public utility purpose, or is detrimental to the public health, safety, welfare, aesthetic appeal, and interest. Failure to follow the direction of the Chief Administrative Officer, or his designee, concerning Page 8 of 10 the use of an Outdoor Dining Encroachment Area, including modification, conditions, or revocation of such uses, shall constitute a public nuisance, punishable as a misdemeanor under the Fresno Municipal Code and/or subject to civil enforcement by the City Attorney, including injunction and/or claims for monetary damages, costs, and attorney’s fees, and a lien upon adjacent real property for such unpaid amounts. City staff is also authorized to remedy violations by removal, without liability for the loss of use of the property, of any personal property remaining in or upon any city property or right-of-way, and in such event, the Outdoor Dining Operator shall be responsible to the city for the city’s costs to remedy or abate the violations. (h)Use of the Encroachment Area shall not cause the Encroachment Area, or adjacent property or right-of-way to become out of compliance with any applicable federal, state or local law including Chapter 11 of the Code. (i)The Outdoor Dining Operator shall remain solely responsible for any harm caused by use of the Encroachment Area, including, but not limited to, personal injury, property damage, or civil rights claims, and by use of the Encroachment Area agrees to fully indemnify, defend and hold harmless the city and its agents from any and all claims of any kind resulting from use of the Encroachment Area. The Outdoor Dining Operator waives and shall not maintain any claim of any kind against the city or its agents concerning use of an Encroachment Area. Page 9 of 10 SEC. 12-2207. TERMINATION. No vested or any other property right is created by the approval of this Article or by any use, or construction of any structures, facilities, fixtures, or buildings, authorized by this Article. Should the city repeal or amend this Article, or should the allowed use of an Encroachment Area be revoked, conditioned, or modified, no claim for loss of property rights or due process of any kind shall be maintained against the city or its agents. SEC. 12-2208. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The Council hereby declares that it would have passed this Article, and each section, subsection, clause or phrase thereof, regardless if any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. / / / / / / / / / Page 10 of 10 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval :, 2014 Mayor Approval/No Return: , 2014 Mayor Veto:, 2014 Council Override , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Katherine B. Doerr [Date] Supervising Deputy KBD:elb [65250elb/kbd] Ord 071814 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-234 Agenda Date:9/11/2014 Agenda #:3-A REPORT TO THE CITY COUNCIL September 11, 2014 FROM:COUNCILMEMBER LEE BRAND Council District #6 SUBJECT BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property. RECOMMENDATION It is recommended that the City Council approve the attached ordinance adding Article 6 of Chapter 5 to the Fresno Municipal Code, prohibiting the use of controlled substances on City property. EXECUTIVE SUMMARY The attached ordinance amends the Fresno Municipal Code by prohibiting the use of controlled substances on City property to protect the public health,safety,and welfare.Without this prohibition,use of controlled substances on City property may occur without the City’s ability to control the negative effects to the health,safety,and welfare of the citizens of the City. BACKGROUND This ordinance provides a way for the City to outlaw the unauthorized use of controlled substances on City property, including City owned parks,buildings,and entertainment facilities.The Directors of PARCS and Development and Planning are responsible for the administration and enforcement of this ordinance. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines,section 15061(b)(3),it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment.This is because unauthorized use of controlled substances is already prohibited by state and federal law. Therefore, it is not subject to CEQA. 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 City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-234 Agenda Date:9/11/2014 Agenda #:3-A The fiscal impact will include the use of existing staff to enforce the ordinance,which would include staff from the Police Department,PARCS Department,Code Enforcement,and the City Attorney's Office.These costs may be offset by any civil penalties collected through administrative citations imposed to enforce the ordinance. 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#14-206 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:Douglas T. Sloan, City Attorney Fresno City Attorney’s Office BY:John R. Waterman Senior Deputy City Attorney SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) 1.City of Fresno v. Fresno Auto Dealers Auction, Inc., et al. Fresno County Superior Court Case No.: 13CECG00288 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#14-240 Agenda Date:8/21/2014 Agenda #: CLOSED SESSION ITEM August 21, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Joan Byrd, et al. v. County of Fresno, City of Fresno Fresno County Superior Court Case No.: 14CECG01502 Case Name:Union of Medical Marijuana Patients, Inc., et al. v. City of Fresno Fresno County Superior Court Case No.: 14CECG01316 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#14-251 Agenda Date:8/21/2014 Agenda #: CLOSED SESSION ITEM August 21, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: NORTH CENTRAL FIRE PROTECTION DISTRICT v. CITY OF FRESNO 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#14-285 Agenda Date:8/21/2014 Agenda #: CLOSED SESSION ITEM August 21, 2014 SUBJECT A.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: Under Seal v. Under Seal 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#14-295 Agenda Date:8/21/2014 Agenda #: CLOSED SESSION ITEM August 21, 2014 SUBJECT CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) 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#14-312 Agenda Date:8/21/2014 Agenda #: CLOSED SESSION ITEM August 18, 2014 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Chukchansi Park (Multipurpose Stadium) Negotiating Parties: City Manager Bruce Rudd; Chris Cummings, Fresno Baseball Club, LLC and Fresno Baseball Club, LLP 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#14-226 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 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 BY:ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 54 (Final Tract Map No. 6073) (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) 1.RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION -Declaring Election Results 4.* BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014 -2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 54, Final Tract Map No. 6073 RECOMMENDATIONS 1.Adopt Resolution Annexing Territory to Community Facilities District No.11 and Authorizing the Levy of a Special Tax 2.Adopt Resolution Calling Special Mailed-Ballot Election 3.Adopt Resolution Declaring Election Results 4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No.11,Annexation No.54, Final Tract Map No. 6073 EXECUTIVE SUMMARY City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-226 Agenda Date:8/21/2014 Agenda #: On July 17,2014,the Council of the City of Fresno (“Council”)adopted Council Resolution No. 2014-110 with the intent to annex territory to Community Facilities District No.11 (“CFD No.11”)at the request of the landowner of Final Tract Map No.6073 (“T6073”).This is the noticed public hearing to consider annexing T6073 as Annexation No.54 to CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping and irrigation systems within the street rights-of-way,landscape easements and Outlots A,B and C;concrete curbs and gutters,valley gutters,curb ramps,sidewalks,traffic calming curbs and hardscaping, and Outlot A block wall;interior street paving,street name signage and street lighting associated with this subdivision.The cost for Services is $601.41/lot annually (totaling $67,357).If approved, the recommended resolutions and ordinance will levy a Special Tax on the properties in T6073 for identified Services. (See attached location and features map.) BACKGROUND On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No. 11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (“City Law”). The landowner of T6073 has petitioned the City of Fresno to be annexed into CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping and irrigation systems within the street rights-of-way,landscape easements and Outlots A,B and C;concrete curbs and gutters,valley gutters,curb ramps,sidewalks,traffic calming curbs and hardscaping,and Outlot A block wall;interior street paving,street name signage and street lighting associated with this subdivision.Pursuant to this petition,the Council adopted Council Resolution No.2014-110,declared its intention to annex the T6073 to CFD No.11,and set the public hearing for formal consideration. (See attached location and features map.) Resolution No.2014-110 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax of $601.41 per residential lot (totaling $67,357)to provide Services for FY14-15.The Maximum Special Tax will be adjusted upward annually by 3%plus the rise,if any,in the Construction Cost Index for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election.Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project”and is therefore exempt from the California EnvironmentalCity of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-226 Agenda Date:8/21/2014 Agenda #: hearing does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachments:Location Map Feature Map Resolutions (3) Ordinance City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ CITY OF FRESIIT' PUBLIC $TORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION l¡Jzot- atYoIÉ oo ó ¿ É. ô UJ C) 5z1- an UJ Io t-an É.tr COPPER INTERNATIONAL BEFIYMER PERRIN SHEPHERD TEAGUE NEES ALLUVIAL g É * H , Ër H Ë .ls= =Ë HERNDON -SIERRA -BUL!{RD -BARSTOW -sllAw -GETrySBURG -ASHHN -DAKOTA -sHtEtÐs -CLINTON -MCKtNttY -oltvE -BELMONT -NIELSON -$/H[ES BRTDGE -KÊARNEY - FINAL TRACT MAP NO.6073 ||tAZU'Y-< 3ËäÉËF5()c) I I - DAKOTA - SHIELDS - CLINTON - MCKINLEY - OLIVE - BELMONT - TULARE - KINGS CAI.IYON - EUTLER - CAUFORNIA - CHURCH - JENSEN - ANNADALE - NoRfll EËã4É.< anql-Fl-Y+Ø515iË*=9¡ l¡J à¡- Ëfi _i_ I a'5oìAL d AMERICAN tIt -UÉ,0l¿J2!llllz(J<ØJÕ29 =ÈËÉ=á ao_ t¡JF t! É.9<ÍBöc) l--l... z. da- C) LOCATION MAP ANNEXATION NO. 54 COMMUNITY FACILITIES DISTRICT NO. 11 CITY OF PUBLIC WORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION FEATURES TO BE ADDED BY ANNEXATION NO. 54 COMMUNITY FACILmES DISTRICT NO. 11 TRACT 6073 "NO PHASES" N + NOT TO SCALE April 29, 2014 LANDSCAPE AND IRRIGATION: TREES AND SHRUBS: ........ . .. . . . . .. . . . . . . . .. . .. .. . ... . .. . . BUFFERS/PARKWAYS/OUTLOT B = 13,860 SF WINERY ENTRANCE MEDIAN = 630 SF TURF AND BEDS: OUTLOT A & B = 35,252 SF LARGE TREES = 51 EA SMALL TREES = 3 EA CONCRETE IMPROVEMENTS: CURB &: GUTTER = 9,295 LF VALLEY GUTTER = 3,841 SF SIDEWALK &: CURB RAMPS = 48,429 SF ENTRANCE MEDIAN CURB = 194 LF ~INTERIOR PAVEMENT: ~TOTAL AREA = 148,263 SF IllTRAFFIC CIRCLE: NON-PAVEMENT = 64 SF IN ROAD-PAVEMENT = 123 SF CURBING = BB LF •NOTE: 1 EA TRAFFIC CIRCLES INCLUDED 13 86 81 88 89 90 91 92 9 7 83 82 81 80 19 18 STREET LIGHTS: E-1 (70W) = 3 EACH E-1 (150W) = 2 EACH E-2 (70W) = 28 EACH Tl 31 28 29 30 21 32 26 33 26 34 24 35 23 36 22 37 21 38 20 39 40 41 11 42 16 43 16 44 45 48 41 48 49 74 73 72 71 70 50 61 52 S3 64 S5 1iillll EAST CHURCH AVENUE RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 54 WHEREAS, on July 17, 2014, the Council of the City of Fresno ("Council") adopted Resolution No. 2014-110 to Annex Final Tract Map No. 6073 to the City of Fresno, Community Facilities District No. 11 ("CFD No. 11") andtoAuthorizethe Levyof Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"); and WHEREAS, Resolution No. 2014-110, incorporating a map of the area proposed for annexation to CFD No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 54 of CFD No. 11 to pay for the Services with respect to Annexation No. 54 of CFD No. 11, is on file with the City Clerk of the City of Fresno ("City Clerk"), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Resolution No. 2014-110, concerning the annexation of territory to the CFD No. 11; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to the CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and Date Adopted: Date Approved: Effective Date: City Attorney Approva I : 1of 5 Resolution No. WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director ("District Report") as to the services to be provided through the CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from at least 50 percent (50%) of the registered voters residing within the territory proposed to be annexed, or from propefty owners not exempt from the special tax and owning at least one-half (%) of the area of land within the proposed annexation; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (%) of the area of land within the proposed annexation. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedinqs. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds 2of5 and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder's Office in Book 44 at page 11 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the CFD No. 11. 5. Services. The types of public services proposed to be financed by Annexation No. 54 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (the "Services"). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are othenrvise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all nonexempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportioning of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or his designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 3of5 621-1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City ceases. 9. Appropriations Limit. ln accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section I of Article Xlll B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000.00 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall take effect upon its adoption. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportioning of Special Tax 4of5 ************** STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO SS. l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES :NOES : ABSENT ABSTAIN : Mayor Approval: 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: Raj Singh Badhesha, Deputy 2014 2014 ,2014 ,2014 5of5 EXHIBIT A CITY OF FRESNO Community Facilities District No. 11 Annexation No.54 Description of Services to be Financed by Gommunity Facilities District No. 11 for Annexation No. 54 (Final Tract Map No. 6073) The operations and reserues for maintenance ("Seruices") that are to be financed by Community Facilities District No. 11 ("CFD No. 11") for Final Tract Map No.6073, Annexation No. 54 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, seruicing, cleanrng, repairing and/or replacing landscaped areas and trees in public itreet righiı-of-way,-pubìic landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, ferlilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, prunìng, replacing and'spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserues for replacement) within public street rilnts-ot-way and landscaping easements, Such facilities include, withoui limitation, coñcrete curbs and gutters, valley gutters, curb ramps, sidewalks, entrance median curbing, and traffic calming curbs and stamped concrete; block wall in Outlot A, street lightin!, and interior street name signage and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno ("City") may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide fór the payment of or reimbursement for all of the authorized incidental expenses. The provìsion of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation 54 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. A-1 EXHIBIT A CITY OF FRESNO Community Facilities District No' 11 Formation Description of Services currently financed by Community Facilities District No' 11 The services that are to be financed ("Seruices") by Community Facilities District No' 11 ç,CfO No. 11") are any and all dervices defined by City 9f fçsno Special Tax Èinancing taw (Cnapter'8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos community Facilities Act of 1982 (Chapter 2.5 commencing with section 5331 1, of Part 1, Divisiôn 2, Title 5 of the California Government Code') L services may include all costs attributable to maintaining, seruicing, cleaning, g hardscaPing, in landscaPed in public street rights-of-waY, , parkwaYs, and other similar for public use. ll. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas;. repairing and replacing irrigation systems u. n".érrary; stakingl ıruning, replacing and spraying of trees.and shrubs; repairing and'replaciñg'pathsl waikways and trails; removing litter, debris, and garbage. ll. Seruices may include all costs attributable to cleaning, maintaining, seruicing, repairing "nà7or replacing all local ground level street infrastructure (may include reserves tãr reptaòereni¡ within lıcal street rights-of-way Such facilities may include, without limitation, street p tving, curbs and gutters, sidewalks' street lighting, hydrants, inlets, street trees and street furniture. lll. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services' Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno ("City") may incur in administering the CFD No. 11. All services shall be provided by the city, with its own forces or by contract with third pafties, or any combination thereof, to be determined entirely by the City' Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the city or cFD No. 11 to provide all.. of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of services and/or payment o^r-reimbursement of incidental expenses shall be subject to the continued existence of CFD No' 11 and the availability of sufficient proceeds of special taxes within the CFD No' 11' A-2 EXHIBIT B CITY OF FRESNO Gommunity Facilities District No. 1l Annexation No. 54 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year's service for FY 2014-2015 ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs 2 Other Operational Costs 3 Reserve for Replacement 4 lncidental Expenses Subdivision Appropriation Limit $39,319.00 $1,755.00 $24,603.00 $1,680.00 Total $67,357.00 FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UN ITS APPROPRIATION LIMIT SUBDIVIDER 6073 $601.41 112 $500,000.00 Silkscape lnc. B-1 EXHIBIT B City of Fresno Community Facilities District No. 11 Annexation No.54 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor's parcel in Community Facilities District No. 11 ("CFD No. 11") shall be levied and collected accordingtothetax liabilitydetermined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable propefty, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an assessor's parcel map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County of Fresno designating parcels by assessor's parcel number. "City" means the City of Fresno. "City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. "Gouncil" means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. "Developable Lot" means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. "Excluded Parcels" means those assessor's parcels identified as ineligible for inclusion in CFD No. 11 as shown in "Attachment 1" of this Rate and Method of Apportionment of Special Tax. "Final Map" means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be B-2 EXHIBIT B issued. The term "Final Map" shall not include any assessor's parcel map or subdivision map or portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor's parcels that are designated as remainder parcels. "Fiscal Year" means the period starting April 1 and ending on the following March 31. "Maximum Special Tax" means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. "Proportionately" means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor's parcels in CFD No. 11. "Public Property" means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. "Reserve for Replacement" means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). "Residential Unit" means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, "Residential Units" shall include dwelling units already built on taxable propefty in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. "Shared Services" means the costs of services are paid equally by the property owners of two or more subdivisions. "Special Tax" means any special tax to be levied each fiscal year on assessor's parcels of taxable property to fund the Special Tax Requirement as defined below. "Special Tax Requirement" means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Properly shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. B-3 EXHIBIT B "Subdivision" includes a condominium project, as defined in Section 1351 of the Civil Code, a community apartment project, as defined in Section 1351 of the Civil Code. "Taxable Property" means all of the assessor's parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno ("City") or its designee shall determine how many residential units are built, or allowed to be built, on assessor's parcels within CFD No. 1'1. For parcels of undeveloped property zoned for development of single- family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor's parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor's parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2014-2015 for a residential unit within Final Tract Map No. 6073 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 201 4-201 51. Final Tract Map Number**Maximum Special Tax 6073 $601.41 per Residential Unit "Beginning in January of each year, the MST shall be adjusted upward annually by 3% plus the rise, if any, in the Construction Cost lndex (CCl) for the San Francisco Region for the prior 12-month period (December through December) as published in the Enqineerinq News Record, or published in a comparable index if the Enqineerinq News Record is discontinued or othen¡rise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. *" A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. B-4 EXHIBIT B D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2014-2015, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Step 2: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No.11; lf the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; lf the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proporlionately against all parcels of taxable property up to 100o/o of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E.EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as othenrvise provided in City Law. ln addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. B-5 EXHIBIT B ATTACHMENT "l" City of Fresno Community Facilities District No. 11 Annexation 54 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6073 B-6 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED-BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 54 WHEREAS, on July 17, 2014, the Council of the City of Fresno ("Council") adopted Resolution No.2014-110 to annex Final Tract Map No.6073 to City of Fresno Community Facilities District No. 11 ("CFD No. 11") and to authorize the levy of special taxes; and WHEREAS, Resolution No. 2014-110 identified the services to be provided by Annexation No. 110 of CFD No. 11 and provided an estimate of the cost of providing those seruices; and WHEREAS, Resolution No. 2014-110 contemplated the imposing of a special tax upon those properties within Annexation No. 54 of CFD No. 11 receiving said services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno ("City Clerk',) that describes the proposed rate and method or apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No' 11 in sufficient 1of 7 Date Adopted: Date Approved: Effective Date: City Attorney APProval: Resolution No. detail to allow all interested parties to estimate the maximum amount each property owner must pay; and WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special election; and WHEREAS, the Public Works Director has filed a Certificate (the "Certificate") in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO' 1 1' NOW, THEREFORE, BE lT RESOLVED by the council as follows: 1. The levy of a special tax proposed in Resolution No. 2014-110 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Arlicle 3, of the Fresno Municipal Code ("City Law")' 2. The setting of the appropriations limit shall be submitted to the voters pursuant to CitY Law. g. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved' 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11' S. The Council furlher finds that the landowners of record owning property 2of7 within the territory proposed to be annexed to CFD No. 11 are those set forlh in the attachment to the Certificate and that the attachment correctly sets forlh how much property owned by each landowner and the number of votes to which each is entitled' 6. This Council approves the form, attached behind Exhibit A, attached as Exhibit B, entitled Waiver and Consent From Sole Properly Owner Shortening Time periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 54, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7. Accordingly, this Council calls the special election described herein and sets August 21 , 2014 as Election Day, Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. g. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on Augusl 21, 2014. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. 3 of7 Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Propefty Owner ************** STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO l, yvoNNE SPENCE, City clerk of the city of Fresno, certify that the foregoing resolution was adopted by the C'ouncil of the City of Fresno, at a regular meeting held on the day of 2014. AYES : NOES : ABSENT ABSTAIN : Mayor Approval:,2014 ,2014Mayor Approval/No Return: Mayor Veto:2014 2014Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE YVONNE SPENCE, CMC City Clerk BY: Deputy BY: Raj Singh Badhesha, DePutY 4of7 EXHIBIT A SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No.54 This ballot is for the use of the Silkscape lnc,, the sole landowner owning land (Final Tract Map No. 6073) within Community Facilities District No. 11, Annexation No. 54, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter B, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast twelve (12) votes on this ballot. ln order to be counted, the ballot must be returned prior to the hearing on August 21 , 2014 al2:OO p.m., to Yvonne Spence, CMC, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 1 1, Annexation No. 54, all as specified in its Council Resolutions No. and No. ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No. 54 be established in accordance therewith? Number of Votes YES Number of Votes NO 5of7 EXHIBIT A CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person-legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 2014. Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgment) 6 o17 EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED.BALLOT ELECTION CommunityFacilitiesDistrictNo.ll,AnnexationNo'54 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized represeniative of the sole owñer of the property (Final Tract Map No. 6073) in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 54, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant toihe City of Éresno Speciál Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measu-re, as well as argumenis in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned herebY waives the the qualified electors under Elections Code service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whéther known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned' I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and auihorized tó cast the representative of the landowner set forth in the first paragraph hereof, rìt to the above, that the foregoing waivers and consents are voluntarily ration is executed on requirements regarding the time to mail ballots to Section 4101, and agrees to accept either mailed 2014. Company Name By: Print Name Print Title 7 of 7 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 54 WHEREAS, on August 21, 2014, the Council of the City of Fresno ("Council") adopted Council Resolution No. 201 4 -- calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 54 to Community Facilities District No. 11 ("CFD No. 11"); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk's ("City Clerk") Canvass and Statement of Election Results, dated ,2014, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE lT RESOLVED by the council of the city of Fresno as follows: 1. The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 54, has been submitted to the qualified electors within the area of Annexation No. 54, pursuant to Council Resolution No. 201 4 --, and (b) the ballot measure has been passed and approved by more than two{hirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code ("City Law"). Date Adopted: Date Approved: Effective Date: City Attorney Approval : 1ot4 Resolution No. 2. The Council declares Annexation No. 54 to be fully formed and the property within Annexation No. 54, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 201 4 --, annexing Final Tract Map No' 6073 as Annexation No. 54, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of July 18, 2014, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adoPted. Attachment: Exhibit A - Canvas and Statement of Election Results ************** 2of4 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss, crrY oF FRESNO ) l, yVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval:,2014 Mayor Approval/No Return:2014 2014Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE YVONNE SPENCE, CMC City Clerk BY: Deputy ,2014 BY: Raj Singh Badhesha, DePutY 3oÍ4 EXHIBIT A CANVAS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 54 l, YVONNE SPENCE, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. zoi4-_on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 54, and held on August 21,2014. ln accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the public Works Deparlment, as well as the City Clerk's Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of "yes" votes cast are true and correct. Total Votes that could be cast Total Votes Cast "Yes Total Votes Cast "No" Total Votes Cast The Votes cast "Yes" equal lOOo/" of the total votes cast. I make this certification on ,2014. ATTEST: Yvonne Spence, CMC City Clerk By Deputy 12 12 0 12 4of4 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2014-2015 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 11, ANNEXATION NO. 54 WHEREAS, on August 21, 2014, the Council of the City of Fresno ("Council") adopted Council Resolution No. 2014 , a resolution of the Council annexing territory to Community Facilities District No. 11 as Annexation No. 54, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 54, and preliminarily establishing an appropriations limit therefore ("Annexation Resolution"), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"); and WHEREAS, by Council Resolution No. 2014 -_, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 54; and WHEREAS, on August 21,2014, an election was held within Annexation No.54 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, a special tax is hereby authorized and levied on all taxable parcels within Annexation No. 54 for the 2014-2015 fiscal year and for each future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. By a resolution of this Council, the tax rate may be adjusted annually, subject to such maximum rate of tax. The special taxes levied in any fiscal year on any parcel within Annexation No. 54 shall not exceed the maximum special tax specified in Exhibit B to Page 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: Ordinance No. the Annexation Resolution. 2. The Public Works Director or his designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno ("City of Fresno"), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno ("County") Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or his designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3. The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor's parcel numbers finally used by the County in sending out property tax bills. 4. lf a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remaining parcels, shall not be affected and shall remain in full force and effect. 5. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article Vl, Section 610. 2of3 STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of AYES : NOES : ABSENT : ABSTAIN : 2014. Mayor Approval: Mayor Approval/No Return : Mayor Veto: Council Override Vote:,2014 WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy 2014 2014 2014 3of3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-300 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 SUBJECT Appearance by Sandra Celedon-Castro to discuss Building Healthy Communities 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#14-162 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:MIKE SANCHEZ, MRCP, Assistant Director Development and Resource Management Department SUBJECT WORKSHOP regarding R-1 (Single Family Residential) property development standards City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™