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Home My WebLink About2014-10-23 Council Agenda PacketThursday, October 23, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Session October 23, 2014City Council Meeting Agenda - Final-revised The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. 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 October 23, 2014City Council Meeting Agenda - Final-revised 8:36 A.M. ROLL CALL Invocation by Pastor Roy Lee of the Calvary Worship Center Church Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS APPROVE MINUTES Approval of City Council minutes from October 23, 2014ID#14-537 Approval of Successor Agency minutes from October 9, 2014 and Fresno Revitalization Corporation minutes from October 9, 2014. ID#14-494 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 a Side Letter of Agreement between the City of Fresno and the Fresno City Employees Association (Non-supervisory White Collar Employees - Unit 3) ending a three-year term limit on the classification of Airport Operations Officer ID#14-3891-A Sponsors:Personnel Services Department and Airports Department *** Approve a Side Letter of Agreement between the City of Fresno and Unit 1, represented by the International ID#14-4191-B Page 3 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised Union of Operating Engineers, Stationary Engineers, Local 39, amending the Memorandum of Understanding (MOU) provision on payment of health care premiums Sponsors:Personnel Services Department RESOLUTION - Of Intention to annex Final Tract Map No. 5967, Annexation No. 57, to the City of Fresno Community Facilities District No. 11 (East side of N. Polk Avenue between W. Shaw and Gettysburg Avenue) (Council District 1) and setting the public hearing for November 20, 2014 at 10:00 a.m. ID#14-4301-C Sponsors:Public Works Department Action pertaining to acquisition of 2421 E. Sussex Way (Council District 7) 1. Adopt a finding of conformity prepared for EA 14-021; and 2.Approve acquisition of one parcel located at 2421 E. Sussex Way for the amount of $99,000 from Sellers: Michael W. Copeland and Teresa Copeland to construct a new water supply well ID#14-4551-D Sponsors:Department of Public Utilities Action pertaining to acquisition of 4101 N. Fruit Avenue (Council District 1) 1.Adopt a finding of conformity prepared for EA 14-022; and 2.Approve acquisition of two parcels located at 4101 N. Fruit Avenue for the amount of $150,000 from Seller: Queenie Hill to construct a new water supply well ID#14-4561-E Sponsors:Department of Public Utilities BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Katch Environmental and Mini Dumpsters of Fresno in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on October 30, 2014 ID#14-4581-F Page 4 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised Sponsors:Department of Public Utilities *** RESOLUTION - 22nd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $10,100 in Council Department operating and capital infrastructure funds based on the carryover balances from fiscal year 2014 (Requires 5 affirmative votes) ID#14-4611-G Sponsors:Finance Department Approve automatic and mutual aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit ID#14-4701-H Sponsors:Fire Department RESOLUTION - Authorizing the Director of Aviation or other authorized representative to: execute all implicated documentation for pre-application and application to the Federal Aviation Administration (FAA) for Airport Improvement Program (AIP) grants for federal fiscal years 2015 and 2016 for both Fresno Yosemite International Airport (FAT) and Fresno Chandler Executive Airport (FCH) as shown in the City's fiscal year (FY) 2015 budget capital improvement plan; accept FAA AIP grant(s) for FY 2015 and FY 2016 projects at both airports including all subsequent amendments thereto offered by the FAA; and apply for and accept grants and all subsequent amendments thereto offered by the California Department of Transportation Aeronautics Division for matching funds for FY 2015 and 2016 FAA-approved projects at the Fresno Chandler Executive Airport ID#14-4751-I Sponsors:Airports Department Actions pertaining to the acquisition of 1488 N. Weber Avenue (Council District 3) 1.Adopt finding of Categorical Exemption, pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15332 (In-fill Development projects) for expansion of ID#14-4801-J Page 5 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised existing City well lot at 1488 N. Weber Avenue 2.Approve the fee simple acquisition of 1488 N. Weber Avenue for $90,000 from Sellers: Karen L Wong, Trudy E. Marean, Sheila Chan, and Marlene R. Alvarado for the expansion of existing City well lot Sponsors:Department of Public Utilities Approve the appointment of Jorge Aguilar to the Fresno Housing Authority and the re-appointment of Philip Decker to the Bicycle and Pedestrian Advisory Committee ID#14-4841-K Sponsors:Mayor's Office Approve the appointment of Yvonne La Venture to the Bicycle and Pedestrian Advisory Committee ID#14-4961-L Sponsors:Baines III CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Authorize the Chief of Police to renew a multi-year agreement with Hubb Systems, LLC (Data911) in the aggregate amount of approximately $855,000, with the option to extend for two additional years, for maintenance of law enforcement mobile computing hardware and software systems ID#14-4282A Sponsors:Police Department Actions related to updating the Nexus Studies for Citywide Development Impact Fees (Citywide) 1.Approve a professional services agreement with Economic & Planning Systems, Inc., (EPS) to update the Development Impact Fee Nexus Study 2. ***RESOLUTION - 21st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $227,700 for Citywide Impact Fee Study consulting and administrative costs in FY 2015 (Requires 5 affirmative votes) ID#14-4692B Sponsors:Public Works Department Page 6 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised 3. CITY COUNCIL *** RESOLUTION - Establishing the Council Public Records Act Policy ID#14-4853A Sponsors:Baines III 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 HEARING: Adopt a resolution ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) 1.*** RESOLUTION - Ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street ID#14-401 Sponsors:Public Works Department 10:00 A.M.#2 HEARING pertaining to the establishment of a non-exclusive towing operation franchise for certain towing operators to participate in the Police Department’s tow car rotation list 1.*** BILL NO. B-43 (Intro. 10/9/2013) (For adoption) - Granting to towing operators a non-exclusive franchise to participate in the Fresno Police Department’s tow car rotation list and a final vote to approve the non-exclusive towing operation franchise 2.*** BILL NO. B-44 (Intro.10/9/2014) (For adoption) - Amending Article 17, Chapter 9 of the Fresno Municipal Code relating to tow trucks ID#14-492 Sponsors:Police Department Page 7 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised 10:30 A.M.#1 Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of N. Fowler and E. Clinton Avenues (Council District 4) (Continued from October 23, 2014) 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R-11-003, C-13 -092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM ID#14-540 Sponsors:Planning and Development Department 10:30 A.M.#2 HEARING to consider Rezone Application No. R-14-006 and related environmental finding, filed by Dirk Poeschel of Dirk Poeschel Land Development Services on behalf of property owner Wells Fargo Bank, N.A. and successor in interest Property Multipliers LLC, pertaining to a proposed change in conditions of zoning applicable to approximately 4.24 acres of property; the subject property comprises Assessor’s Parcels Nos. 506-320-59S and 506-320-60S) located on the east side of N. Figarden Drive between W. Bullard Avenue and the Burlington North Santa Fe Railroad (Council District 2) 1.ADOPT the proposed Mitigated Negative Declaration as the finding for Environmental Assessment (EA) No. R-14-006 for the purpose of the proposed project; and ID#14-474 Page 8 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised 2.BILL - (For introduction and adoption) - Amending the conditions of zoning for the subject property, which would remain classified in the M-1/BA-20/UGM/cz (Light Manufacturing District/Boulevard Area Overlay - 20 Feet/Urban Growth Management Area/conditions of zoning) zone district Sponsors:Planning and Development Department 11:00 A.M. CONTINUED HEARING to consider a Resolution of Public Use and Necessity for Acquisition of Permanent Utility Easements and Temporary Construction Easements from APNs 580-040-02S owned by Frances M. Ricchiuti and Patrick V. Ricchiuti, Co-Trustees of the Frances M. Ricchiuti Family Trust and Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust; 580-020-20S and 580-020-22S owned by Leonard and Nicholas Verni; 580-050-01S owned by Patrick Vincent Ricchiuti, Trustee of the Patrick Vincent Ricchiuti Family Trust; and 580-020-21 and 580-020-23 owned by George C. Goshgarian, Kathleen A. Goshgarian, Michael Morales, Leonard Verni, Nicholas Verni, Steven G. Fogg Family Partnership, and Christopher T. Lum as Sole Trustee of the Steven C.Y. Lum and Catherine J. Lum Trust (Continued from October 9, 2014) 1.*** RESOLUTION - That the Public Interest and Necessity Require and Authorize Eminent Domain for Acquisition of Permanent Utility Easements and Temporary Construction Easements from Real Property: APNs 580-040-02S, 580-020-20S, 580-020-22S, 580-050- 01S, 580-020-21, 580-020-23, located in the County of Fresno (Fresno County) (Requires 5 Affirmative Votes) ID#14-422 Sponsors:Department of Public Utilities 1:30 P.M. Page 9 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised 1:30 P.M. CLOSED SESSION A.CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fire Station 18 (5938 N. La Ventana) Negotiating Parties: City Manager Bruce Rudd; Granville Homes ID#14-508 Sponsors:Office of Mayor & City Manager 2:55 P.M. SCHEDULED COMMUNICATION Appearance by George Aguilar, Al Makkai and Juan Bejar to discuss the operation and ordinance pertaining to taxi cabs in the City Fresno ID#14-498 3:00 P.M. WORKSHOP relating to the General Plan presented by Fresno Building Healthy Communities ID#14-466 PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS OCTOBER 30 10:00 A.M. #1 HEARING re: granting a non-exclusive franchise for roll-off collection services within the City of Fresno OCTOBER 30 10:00 A.M. #2 CONTINUED HEARING to Consider Rezone Application No. R-13-014 and related Environmental Assessment No. R-13-014/TPM 2013-03 filed by Mike Hamzy on behalf of Niko Real Estate Fund, LLC for property located on the west side N. Winery Avenue between E. Washington and E. McKenzie Avenues (Council District 7) (File ID#14-491) Page 10 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised OCTOBER 30 10:15 A.M. Irritec Street Name Change NOVEMBER 6 10:00 A.M. WORKSHOP re: Public Art NOVEMBER 6 10:30 A.M. Recycling Policy Consideration (1/2 hour) NOVEMBER 20 10:00 A.M. Joint Powers Financing Authority Meeting UPCOMING EMPLOYEE CEREMONIES JANUARY 29, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) APRIL 8, 2015 (Weds.) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) APRIL 30, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) JULY 16, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) OCTOBER 1, 2015 8:30 A.M. Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) OCTOBER 21, 2015 (Weds.) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) Page 11 City of Fresno ***Subject to Mayoral Veto October 23, 2014City Council Meeting Agenda - Final-revised 2014 CITY COUNCIL MEETING SCHEDULE OCTOBER 30 - 8:30 A.M. NOVEMBER 6 - 8:30 A.M. DECEMBER 4 - 8:30 A.M. NOVEMBER 13 - NO MEETING DECEMBER 11 - 8:30 A.M NOVEMBER 20 - 8:30 A.M. DECEMBER 18 - 1:30 P.M. NOVEMBER 27 - NO MEETING DECEMBER 25 - NO MEETING Page 12 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-537 Agenda Date:10/30/2014 Agenda #: CITY COUNCIL MINUTES FOR APPROVAL Approval of City Council minutes from October 23, 2014 City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ RECEIVED zrllll "tT 23 fln B ÛI Agenda ltem: lD#t4-537 Council Date: LOI 3O|2OL4 crTY 0LERK' FREFf,IËSNO CITY COU NCI L Ë5=olrSr/zfnE-=?E-?¿¡S Supplemental lnformation Packet Agenda Related ltems - Meeting of October 30, 2OL4 Suppfemental Packet Date: October 29,20t4 Item(sl File lD# L4-537 - Approval of City Council minutes from October 23, 2014 Supplemental Information: Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2l.. ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office aI62t-765O. Please keep the doonruays, aisles and wheelchair seating areas open and accessible. lf you need assistance with because of a disability, please see Security. 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, October 23, 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. 8:36 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 Pastor Roy Lee of the Calvary Worship Center Church Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS No Ceremonial Presentations were on the agenda. Councilmember Brand exited the Council Chamber at 8:38 A.M. and returned at 8:40 A.M. City of Fresno *Subject to mayoral veto Page 1 October 23, 2014City Council Meeting Minutes - Draft APPROVE MINUTES ID#14-490 Approval of City Council minutes from October 9, 2014 Councilmember Caprioglio motioned to approve the City Council Minutes of October 9, 2014 with a change to indicate that the invocation was delivered by Pastor Powell Lemons of Bethel Christian Center. APPROVED AS AMENDED On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above Minutes were approved as amended to correct the name of the Pastor that delivered the invocation. The motion carried by the following vote: Aye:Brandau, Baines, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brand1 - ID#14-494 Approval of Successor Agency minutes from October 9, 2014 and Fresno Revitalization Corporation minutes from October 9, 2014. Sponsors:City Clerk's Office APPROVED On motion of Councilmember Olivier, seconded by Councilmember Caprioglio, the above Successor Agency and Fresno Revitalization Corporation Minutes were approved. The motion carried by the following vote: Aye:Brandau, Baines, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brand1 - COUNCILMEMBER REPORTS AND COMMENTS Councilmember Brand announced that, earlier in the week, there was a ceremony to celebrate the widening of Nees and Willow Avenues. Councilmember Brand thanked Scott Mozier, Mark Standriff and all City Staff for working on the ceremony and the project. Councilmember Quintero asked Assistant City Manager Smith for an update on the Armenian Town project. Assistant City Manager Smith stated she would get a full report out in the next thirty days and explained the project was wrapped into the process with the Successor Agency real property. Councilmember Quintero further requested information about what was left City of Fresno *Subject to mayoral veto Page 2 October 23, 2014City Council Meeting Minutes - Draft in the process and whom people interested in the property should contact if the project was not going to happen. Councilmember Olivier requested that the City Council adjourn the meeting in the memory of Earl Smittcamp. Mr. Smittcamp passed away at the age of 96. He was an entrepreneur that started as a milkman and worked his way up and eventually founded Wawona Frozen Foods which employs hundreds of people in the valley. Councilmember Olivier noted that the passing of Mr. Smittcamp was a great loss to the community. Councilmember Xiong thanked City Staff for holding an excellent community meeting in his district to let people know of the Clinton overpass. Councilmember Xiong also stated that he and the Council President would be hosting a Make a Difference Day event at Chukchansi Park over the weekend. The event would be free for the 1,200 young soccer players participating and they expected around 5,000 spectators. Councilmember Xiong thanked all the volunteers that help to put the event together. Councilmember Caprioglio stated he had a wonderful time at the well attended one year anniversary of the Veterans Home. Councilmember Caprioglio expressed his gratitude for the service of the veterans and stated the event helped to show the veterans how important they are in our lives. President Brandau announced he had attended the 100 year anniversary celebration of Harris Construction. President Brandau noted that Harris Construction employed many people in the valley and had accomplished a lot in the community. He offered congratulations to the owners, Mr. and Mrs. Spencer. APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: the 10:30 A.M. item #1 was continued to November the 6th, 2014; the 1:30 P.M. Closed Session had been moved to 11:30 a.m. by the posting of a Special Closed Session meeting notice; the 2:55 P.M. appearance of a citizen to speak on Scheduled Communication has been removed from the agenda by the citizen and will be rescheduled; the 3:00 P.M. workshop has been removed from the agenda by the presenter (Fresno BHC) due to a conflict. APPROVED AS AMENDED On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the AGENDA was adopted as amended. The motion carried by City of Fresno *Subject to mayoral veto Page 3 October 23, 2014City Council Meeting Minutes - Draft the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR Councilmember Brand noted that he would recuse himself from Consent Calendar Item 1-C (File ID#14-430). On motion of Councilmember Xiong, seconded by Councilmember Olivier, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-3891-A *** Approve a Side Letter of Agreement between the City of Fresno and the Fresno City Employees Association (Non-supervisory White Collar Employees - Unit 3) ending a three-year term limit on the classification of Airport Operations Officer Sponsors:Personnel Services Department and Airports Department APPROVED The above item was approved on the Consent Calendar. ID#14-4191-B *** Approve a Side Letter of Agreement between the City of Fresno and Unit 1, represented by the International Union of Operating Engineers, Stationary Engineers, Local 39, amending the Memorandum of Understanding (MOU) provision on payment of health care premiums Sponsors:Personnel Services Department APPROVED The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 4 October 23, 2014City Council Meeting Minutes - Draft ID#14-4301-C RESOLUTION - Of Intention to annex Final Tract Map No. 5967, Annexation No. 57, to the City of Fresno Community Facilities District No. 11 (East side of N. Polk Avenue between W. Shaw and Gettysburg Avenue) (Council District 1) and setting the public hearing for November 20, 2014 at 10:00 a.m. Sponsors:Public Works Department Councilmember Brand recused himself from the above item. RESOLUTION 2014-168 ADOPTED The above item was adopted on the Consent Calendar with Councilmember Brand recused. ID#14-4551-D Action pertaining to acquisition of 2421 E. Sussex Way (Council District 7) 1. Adopt a finding of conformity prepared for EA 14-021 ; and 2.Approve acquisition of one parcel located at 2421 E. Sussex Way for the amount of $99,000 from Sellers: Michael W. Copeland and Teresa Copeland to construct a new water supply well Sponsors:Department of Public Utilities APPROVED The above item was approved on the Consent Calendar. ID#14-4561-E Action pertaining to acquisition of 4101 N. Fruit Avenue (Council District 1) 1.Adopt a finding of conformity prepared for EA 14-022 ; and 2.Approve acquisition of two parcels located at 4101 N. Fruit Avenue for the amount of $150,000 from Seller: Queenie Hill to construct a new water supply well Sponsors:Department of Public Utilities APPROVED The above item was approved on the Consent Calendar. ID#14-4581-F BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Katch Environmental and Mini Dumpsters of Fresno in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on October 30, 2014 City of Fresno *Subject to mayoral veto Page 5 October 23, 2014City Council Meeting Minutes - Draft Sponsors:Department of Public Utilities BILL B-45 Introduced and Laid Over The above item was approved on the Consent Calendar. ID#14-4611-G *** RESOLUTION - 22nd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $10,100 in Council Department operating and capital infrastructure funds based on the carryover balances from fiscal year 2014 (Requires 5 affirmative votes) Sponsors:Finance Department RESOLUTION 2014-169 ADOPTED The above item was adopted on the Consent Calendar. ID#14-4701-H Approve automatic and mutual aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit Sponsors:Fire Department APPROVED The above item was approved on the Consent Calendar. ID#14-4751-I RESOLUTION - Authorizing the Director of Aviation or other authorized representative to: execute all implicated documentation for pre-application and application to the Federal Aviation Administration (FAA) for Airport Improvement Program (AIP) grants for federal fiscal years 2015 and 2016 for both Fresno Yosemite International Airport (FAT) and Fresno Chandler Executive Airport (FCH) as shown in the City's fiscal year (FY) 2015 budget capital improvement plan; accept FAA AIP grant(s) for FY 2015 and FY 2016 projects at both airports including all subsequent amendments thereto offered by the FAA; and apply for and accept grants and all subsequent amendments thereto offered by the California Department of Transportation Aeronautics Division for matching funds for FY 2015 and 2016 FAA-approved projects at the Fresno Chandler Executive Airport Sponsors:Airports Department RESOLUTION 2014-170 ADOPTED The above item was adopted on the Consent Calendar. ID#14-4801-J Actions pertaining to the acquisition of 1488 N. Weber Avenue (Council District 3) City of Fresno *Subject to mayoral veto Page 6 October 23, 2014City Council Meeting Minutes - Draft 1.Adopt finding of Categorical Exemption, pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15332 (In-fill Development projects) for expansion of existing City well lot at 1488 N. Weber Avenue 2.Approve the fee simple acquisition of 1488 N. Weber Avenue for $90,000 from Sellers: Karen L Wong, Trudy E. Marean, Sheila Chan, and Marlene R. Alvarado for the expansion of existing City well lot Sponsors:Department of Public Utilities APPROVED The above item was approved on the Consent Calendar. ID#14-4841-K Approve the appointment of Jorge Aguilar to the Fresno Housing Authority and the re-appointment of Philip Decker to the Bicycle and Pedestrian Advisory Committee Sponsors:Mayor's Office APPROVED The above item was approved on the Consent Calendar. ID#14-4961-L Approve the appointment of Yvonne La Venture to the Bicycle and Pedestrian Advisory Committee Sponsors:City Councilmember Baines APPROVED The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR No Consent Calendar items were moved to the Contested Consent Calendar. 2. GENERAL ADMINISTRATION ID#14-4692B Actions related to updating the Nexus Studies for Citywide Development Impact Fees (Citywide) 1.Approve a professional services agreement with Economic & Planning Systems, Inc., (EPS) to update the Development Impact Fee Nexus Study 2. ***RESOLUTION - 21st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $227,700 for Citywide City of Fresno *Subject to mayoral veto Page 7 October 23, 2014City Council Meeting Minutes - Draft Impact Fee Study consulting and administrative costs in FY 2015 (Requires 5 affirmative votes) Sponsors:Public Works Department The above item was presented by Public Works Assistant Director Benelli. Director Mozier and City Attorney Sloan answered additional questions. Councilmember Xiong asked to see, when fee studies and nexus studies were completed, the percentage of recommendations accepted by Council and the impacts caused when Council has not accepted recommendations. In response to Councilmember Quintero's questions, City Attorney Sloan stated his office would look into writing something into the municipal code about consulting contracts and using local laborer firms. City Manager Rudd stated, for the record, the City would meet with the stake holders but would not wait for an agreement with the stake holders. He noted that if the City came up with something that was fair and equitable it would be brought to Council. City Manager Rudd continued by saying that in the past the stake holders have had concerns over developer impact fees but there were always trade offs. City Manager Rudd told the Council they would be fully briefed after the study was completed. RESOLUTION 2014-171 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Quintero, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-4282A Authorize the Chief of Police to renew a multi-year agreement with Hubb Systems, LLC (Data911) in the aggregate amount of approximately $855,000, with the option to extend for two additional years, for maintenance of law enforcement mobile computing hardware and software systems Sponsors:Police Department Police Captain Reid introduced the above item to Council. APPROVED On motion of Councilmember Brand, seconded by Acting President City of Fresno *Subject to mayoral veto Page 8 October 23, 2014City Council Meeting Minutes - Draft Baines, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - Acting President Baines introduced Mrs. Mast's and Ms. Gray's eighth grade classes from Kepler Neighborhood School which had arrived to view government in action. 3. CITY COUNCIL ID#14-4853A *** RESOLUTION - Establishing the Council Public Records Act Policy Sponsors:City Councilmember Baines District Three Chief of Staff Barfield introduced the above item to Council. RESOLUTION 2014-172 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, Caprioglio, Olivier, Quintero and Xiong 7 - UNSCHEDULED COMMUNICATION Upon call, no members of the public addressed Council with unscheduled communication. RECESSED 9:16 A.M. to 10:10 A.M. 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID#14-401 HEARING: Adopt a resolution ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) 1.*** RESOLUTION - Ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street Sponsors:Public Works Department City of Fresno *Subject to mayoral veto Page 9 October 23, 2014City Council Meeting Minutes - Draft Public Works Assistant Director Benelli introduced the above item to Council. The following member(s) of the public spoke on this item: Claudia Cazares of Granville Homes. RESOLUTION 2014-173 ADOPTED On motion of Acting President Baines, seconded by President Brandau, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 10:00 A.M.#2 ID#14-492 HEARING pertaining to the establishment of a non-exclusive towing operation franchise for certain towing operators to participate in the Police Department’s tow car rotation list 1.*** BILL NO. B-43 (Intro. 10/9/2013) (For adoption) - Granting to towing operators a non-exclusive franchise to participate in the Fresno Police Department’s tow car rotation list and a final vote to approve the non-exclusive towing operation franchise 2.*** BILL NO. B-44 (Intro.10/9/2014) (For adoption) - Amending Article 17, Chapter 9 of the Fresno Municipal Code relating to tow trucks Sponsors:Police Department Police Sergeant Tucker introduced the above item to Council. ORDINANCE 2014-44 ADOPTED ORDINANCE 2014-45 ADOPTED On motion of President Brandau, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - City of Fresno *Subject to mayoral veto Page 10 October 23, 2014City Council Meeting Minutes - Draft 10:30 A.M.#1 ID#14-472 Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of N. Fowler and E. Clinton Avenues (Council District 4) (Continued from October 9, 2014) 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R-11-003, C- 13-092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM Sponsors:Development and Resource Management Department The above item was continued and not discussed. CONTINUED TO NOVEMBER 6, 2014 AT 10:45 A.M. 10:30 A.M.#2 ID#14-474 HEARING to consider Rezone Application No. R-14-006 and related environmental finding, filed by Dirk Poeschel of Dirk Poeschel Land Development Services on behalf of property owner Wells Fargo Bank, N.A. and successor in interest Property Multipliers LLC, pertaining to a proposed change in conditions of zoning applicable to approximately 4.24 acres of property; the subject property comprises Assessor’s Parcels Nos. 506-320-59S and 506-320-60S) located on the east side of N. Figarden Drive between W. Bullard Avenue and the Burlington North Santa Fe Railroad (Council District 2) 1.ADOPT the proposed Mitigated Negative Declaration as the finding for Environmental Assessment (EA) No. R-14-006 for the purpose of the proposed project; and 2.BILL - (For introduction and adoption) - Amending the conditions of zoning for the subject property, which would remain classified in the M -1/BA-20/UGM/cz (Light Manufacturing District/Boulevard Area Overlay - 20 Feet/Urban Growth Management Area/conditions of zoning) City of Fresno *Subject to mayoral veto Page 11 October 23, 2014City Council Meeting Minutes - Draft zone district Sponsors:Development and Resource Management Department Development and Resources Management Planner Brock introduced the above item to Council. The following member(s) of the public discussed this item: Dirk Poeschel of Dirk Poeschel Land Development Services and Jeff Scharnick of Stars Dance Studio. BILL B-46 INTRODUCED AND ADOPTED AS ORDINANCE 2014-46 On motion of President Brandau, seconded by Councilmember Xiong, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 11:00 A.M. ID#14-422 CONTINUED HEARING to consider a Resolution of Public Use and Necessity for Acquisition of Permanent Utility Easements and Temporary Construction Easements from APNs 580-040-02S owned by Frances M. Ricchiuti and Patrick V. Ricchiuti, Co-Trustees of the Frances M. Ricchiuti Family Trust and Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust; 580-020-20S and 580-020-22S owned by Leonard and Nicholas Verni; 580-050-01S owned by Patrick Vincent Ricchiuti, Trustee of the Patrick Vincent Ricchiuti Family Trust; and 580-020-21 and 580-020-23 owned by George C. Goshgarian, Kathleen A. Goshgarian, Michael Morales, Leonard Verni, Nicholas Verni, Steven G. Fogg Family Partnership, and Christopher T. Lum as Sole Trustee of the Steven C.Y. Lum and Catherine J. Lum Trust (Continued from October 9, 2014) 1.*** RESOLUTION - That the Public Interest and Necessity Require and Authorize Eminent Domain for Acquisition of Permanent Utility Easements and Temporary Construction Easements from Real Property: APNs 580-040-02S, 580-020-20S, 580-020-22S, 580-050- 01S, 580-020-21, 580-020-23, located in the County of Fresno (Fresno County) (Requires 5 Affirmative Votes) Sponsors:Department of Public Utilities Department of Public Utilities Professional Engineer Buche introduced the above item to Council. City of Fresno *Subject to mayoral veto Page 12 October 23, 2014City Council Meeting Minutes - Draft Councilmember Olivier sought an amendment of Councilmember Brand's motion to approve by allowing additional engagement with the property owners before the Resolution of Public Use and Necessity was approved. Councilmember Brand did not amend his motion. President Brandau directed staff to continue engagement with the property owners. RESOLUTION 2014-174 ADOPTED On motion of Councilmember Brand, seconded by Acting President Baines, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Quintero and Xiong6 - No:Olivier1 - 11:30 A.M. SPECIAL CLOSED SESSION (seperately noticed) ID#14-529 CONFERENCE WITH REAL PROPERTY NEGOTIATOR -Government Code Section 54956.8 Property:Fires Station 18 (5938 N. La Ventana) Negotiating Parties:City Manager Bruce Rudd; Granville Homes The above item was discussed in Closed Session. No open session announcement was made regarding this item. 1:30 P.M. CLOSED SESSION ID#14-508 A.CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fire Station 18 (5938 N. La Ventana) Negotiating Parties: City Manager Bruce Rudd; Granville Homes Sponsors:City Manager's Office The above 1:30 P.M. Closed Session item (File ID 14-508) was rescheduled by Special Meeting Notice to 11:30 A.M. as File ID# 14-529. City of Fresno *Subject to mayoral veto Page 13 October 23, 2014City Council Meeting Minutes - Draft 2:55 P.M. SCHEDULED COMMUNICATION ID#14-498 Appearance by George Aguilar, Al Makkai and Juan Bejar to discuss the operation and ordinance pertaining to taxi cabs in the City Fresno The above Scheduled Communication by George Aguilar, Al Makkai and Juan Bejar was removed from the agenda by the speakers. 3:00 P.M. ID#14-466 WORKSHOP relating to the General Plan presented by Fresno Building Healthy Communities The above Workshop relating to the General Plan was removed from the agenda by the organization making the presentation, Fresno Building Healthy Communities. ADJOURNMENT Adjourned from Closed Session at 11:55 A.M. in the memory of Earl Smittcamp. City of Fresno *Subject to mayoral veto Page 14 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-494 Agenda Date:10/23/2014 Agenda #: SUCCESSOR AGENCY / FRC MINUTES FOR APPROVAL Approval of Successor Agency minutes from October 9, 2014 and Fresno Revitalization Corporation minutes from October 9, 2014. City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ Successor Agency to the Redevelopment Agency of the City of Fresno Minutes October 9, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Sal Quintero Member Blong Xiong Member Oliver Baines Chair Absent: Clinton Olivier Member Ashley Swearengin Member 10:45 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 11:23 A.M. to discuss the following: ID#14-451 City Council, Successor Agency Board, FRC Board consider approving: Actions pertaining to public improvements within the Central City Commercial Redevelopment Project 1. Findings of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), item (c) of the CEQA Guidelines, related to the construction of publically owned improvements in the area generally described as Hedges Avenue between Abby and Effie, Effie Avenue between Hedges and Hammond, and Hammond Avenue between Effie and Abby. 2. RESOLUTION - Of the City of Fresno, the Successor Agency and the Fresno Revitalization Corporation making the necessary findings under section 33445 of the community redevelopment law, authorizing the installation of public improvements within the Central City Commercial redevelopment project area for street improvements including curb, gutter, paving and sidewalks. 3. Award of construction contract to Central Valley Asphalt as the lowest responsive and responsible bidder in the amount of $252,831.88 (Bid File No.3291) for the construction of publically owned improvements in the area generally described as Hedges Avenue between Abby and Effie, Effie Avenue between Hedges and Hammond, and Hammond Avenue between Effie and Abby. The above item was presented at the Joint Meeting by Successor Agency Executive Director Murphey. October 9, 2014 SA - 53 CITY OF FRESNO RESOLUTION 2014-167 ADOPTED SUCCESSOR AGENCY RESOLUTION SA-26 ADOPTED FRC RESOLUTION FRC-15 ADOPTED CITY COUNCIL VOTE On motion of Councilmember Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 6 – Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 – Olivier SUCCESSOR AGENCY VOTE On motion of Vice Chair Caprioglio, seconded by Member Brand, the above item was adopted. The motion carried by the following vote: Aye: 6 – Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 – Olivier FRESNO REVITALIZATION CORPORATION VOTE On motion of Vice Chair Caprioglio, seconded by Member Brand, the above item was adopted. The motion carried by the following vote: Aye: 6 – Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 2 – Olivier, Swearengin JOINT MEETING ADJOURNED AT 11:25 A.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk October 9, 2014 SA - 54 Fresno Revitalization Corporation Minutes October 9, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Sal Quintero Member Blong Xiong Member Oliver Baines Chair Absent: Clinton Olivier Member Ashley Swearengin Member 10:45 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 11:23 A.M. to discuss the following: ID#14-451 City Council, Successor Agency Board, FRC Board consider approving: Actions pertaining to public improvements within the Central City Commercial Redevelopment Project 1. Findings of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), item (c) of the CEQA Guidelines, related to the construction of publically owned improvements in the area generally described as Hedges Avenue between Abby and Effie, Effie Avenue between Hedges and Hammond, and Hammond Avenue between Effie and Abby. 2. RESOLUTION - Of the City of Fresno, the Successor Agency and the Fresno Revitalization Corporation making the necessary findings under section 33445 of the community redevelopment law, authorizing the installation of public improvements within the Central City Commercial redevelopment project area for street improvements including curb, gutter, paving and sidewalk s. 3. Award of construction contract to Central Valley Asphalt as the lowest responsive and responsible bidder in the amount of $252,831.88 (Bid File No.3291) for the construction of publically owned improvements in the area generally described as Hedges Avenue between Abby and Effie, Effie Avenue between Hedges and Hammond, and Hammond Avenue between Effie and Abby. The above item was presented at the Joint Meeting by Successor Agency Executive Director Murphey. October 9, 2014 FRC - 30 CITY OF FRESNO RESOLUTION 2014-167 ADOPTED SUCCESSOR AGENCY RESOLUTION SA-26 ADOPTED FRC RESOLUTION FRC-15 ADOPTED CITY COUNCIL VOTE On motion of Councilmember Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 6 – Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 – Olivier SUCCESSOR AGENCY VOTE On motion of Vice Chair Caprioglio, seconded by Member Brand, the above item was adopted. The motion carried by the following vote: Aye: 6 – Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 – Olivier FRESNO REVITALIZATION CORPORATION VOTE On motion of Vice Chair Caprioglio, seconded by Member Brand, the above item was adopted. The motion carried by the following vote: Aye: 6 – Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 2 – Olivier, Swearengin JOINT MEETING ADJOURNED AT 11:25 A.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk October 9, 2014 FRC - 31 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-389 Agenda Date:10/23/2014 Agenda #:1-A REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JEFF CARDELL, Director Personnel Services Department KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT *** Approve a Side Letter of Agreement between the City of Fresno and the Fresno City Employees Association (Non-supervisory White Collar Employees - Unit 3) ending a three-year term limit on the classification of Airport Operations Officer RECOMMENDATION Approve a Side Letter of Agreement between the City and the Fresno City Employees Association (FCEA) ending a three-year limitation for the classification of Airport Operations Officers (AOO). EXECUTIVE SUMMARY When Airports Department (Department)created the AOO positions,one of the thoughts was to restrict the amount of time that incumbents would be able to stay in the position,thereby encouraging them to grow in their profession by seeking similar jobs at other airports.While this concept has some merit,the Department now believes that voluntary (versus forced)separation benefits both the incumbents and the City.The incumbent AOOs will now have the opportunity to continue to grow professionally within the Airports Department and potentially move up within the organization.The City will benefit by continuing to develop and keep staff that will contribute to the organization and become a permanent part of Fresno’s growing economic fabric.The Side Letter of Agreement allows the Department to maintain employees hired as AOOs rather than requiring them to leave after three years. BACKGROUND In 2011 the Airports Department requested creation of a job classification entitled Airport Operations Officer,which is a common type of position at airports throughout the United States.AOOs are,on a 24/7 basis,the eyes and ears for all operational related issues.The Department has five (5)full time City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-389 Agenda Date:10/23/2014 Agenda #:1-A 24/7 basis,the eyes and ears for all operational related issues.The Department has five (5)full time AOOs who regularly interface with airport stakeholders,including but not limited to the airlines,rental car operators,Transportation Security Administration,Customs and Border Protection,Federal Aviation Administration,airport public safety and other front line Department staff.In addition,they play a vital role in disseminating information to Department leadership related to all operational issues at the airport.Examples of their duties and operational enhancements include but are not limited to,airline gate management related to off-scheduled operations,monitoring storm water pollution controls,enhancing customer service related to airline and other stakeholder operations, and providing liaison response related to terminal, airfield, and public safety operations. A significant operational deficiency was addressed once the Department was able to hire,train and deploy AOOs back in 2011.The AOOs play a vital role in ensuring that the airport continues to operate in an efficient,safe,and secure manner.In addition,considering the unprecedented growth that the airport has been experiencing,and the challenges associated with that growth,the role of the AOOs has been invaluable. At the request of the Airports Department,the Personnel Services Department reached out to the FCEA,who agreed that the three-year limit be discontinued.The Side Letter of Agreement rescinds the earlier agreement and allows the positions to become regular permanent positions. The document has been approved as to form by the Office of the City Attorney. ENVIRONMENTAL FINDING Not applicable as this action does not constitute a project under the California Environmental Quality Act Guidelines. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)does not apply because this item does not involve procurement for goods or services. FISCAL IMPACT The agreement does not involve any change to Airports Department FY15 Adopted Budget because the number of funded positions will remain unchanged.There may be some savings long term related to a potential decrease in recruitment frequency and related training,as well as some additional expenses associated with employees receiving step increases within the salary range. However,the specific amount depends upon how long an individual stays employed with the Department. There is no impact to the General Fund from this action. Attachment:Side Letter of Agreement on Airport Operations Officers City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-419 Agenda Date:10/23/2014 Agenda #:1-B REPORT TO THE CITY COUNCIL October 23, 2014 FROM:Jeff Cardell, Director Personnel Services Department BY:Ken Phillips, Labor Relations Manager Personnel Services Department SUBJECT *** Approve a Side Letter of Agreement between the City of Fresno and Unit 1, represented by the International Union of Operating Engineers, Stationary Engineers, Local 39, amending the Memorandum of Understanding (MOU) provision on payment of health care premiums RECOMMENDATION It is recommended that Council approve the attached Side Letter of Agreement between the City and Unit 1, Local 39, implementing an MOU provision which provides for a change in the City payment of health and welfare premiums. EXECUTIVE SUMMARY The successor MOU between the City and Local 39 adopted by Council on May 15,2014,contains a provision that allows renegotiation of the health and welfare benefit if a more favorable benefit is provided to another bargaining unit.Since that time,a number of units have included a more favorable benefit by capping the employee payment of the monthly premium at 30%. Approval of this Side Letter Agreement will not change the monthly City contribution for health insurance.However,any future increases for employees will be capped at 30%of the monthly premium. If the monthly premium for employees is at 30%, the City will pay 70%. BACKGROUND In 2013,the City paid 80%of the monthly health and welfare premium set by the City of Fresno Health and Welfare Trust for the majority of employees.The City contribution rate for new employees with a few bargaining units is 70% of the monthly premium. Through negotiations of successor MOUs,the City has been pursuing other cost sharing approaches City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-419 Agenda Date:10/23/2014 Agenda #:1-B Through negotiations of successor MOUs,the City has been pursuing other cost sharing approaches for health and welfare premiums.In the current MOU,Local 39 agreed to a City contribution of 75% of the health and welfare premiums with future increases to be shared equally with 50%paid by the City and 50%paid by the employee.The MOU also contained a provision that allows renegotiation of the health and welfare benefit if a more favorable benefit is provided to another bargaining unit. Since the MOU with Local 39 was approved and implemented,Unit 2/Unrepresented Confidential Management,Unit 4/Police Basic,Unit 5/Fire Basic,Unit 9/Police Management,and Unit 14/Confidential Management have received a more favorable benefit.The improved benefit provides that the employee share of monthly health and welfare premiums will be capped at 30%.Should employees reach the cap of 30%,the City share will be 70%.Local 39 asked to renegotiate the benefit to include the cap on employee payments in accordance with the terms of the MOU. The parties agreed to the attached Side Letter of Agreement which implements the cap or maximum payment of 30% of the health and welfare premium by the employee effective November 1, 2014. The City Attorney’s Office has reviewed and approved as to form the attached proposed Side Letter of Agreement. ENVIRONMENTAL FINDINGS Not applicable. LOCAL PREFERENCE Not applicable. FISCAL IMPACT There is no funding impact in the current fiscal year since the health and welfare premium is currently fixed through the end of the fiscal year. Attachment:Side Letter - Local 39 Health and Welfare Benefit 2014 City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-430 Agenda Date:10/23/2014 Agenda #:1-C REPORT TO THE CITY COUNCIL October 23, 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 - Of Intention to annex Final Tract Map No. 5967, Annexation No. 57, to the City of Fresno Community Facilities District No. 11 (East side of N. Polk Avenue between W. Shaw and Gettysburg Avenue) (Council District 1) and setting the public hearing for November 20, 2014 at 10:00 a.m. RECOMMENDATION Adopt Resolution of Intention to annex Final Tract Map No.5967 to City of Fresno Community Facilities District No. 11 (“CFD No. 11”). EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno to have Final Tract Map No.5967 annexed to CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to the concrete curbs and gutters,entrance median curbs and hardscaping,sidewalks,curb ramps, interior street paving and street lighting associated with this subdivision.The cost for the Services for these improvements is $158.17/lot annually (totaling $1,898).Final Tract Map No.5967 is located entirely in the Fresno City Limits.The Resolution of Intention begins the process,sets the required public hearing for Thursday,November 20,2014,at 10:00 a.m.,and defines the steps required to complete the annexation. (See attached location and feature maps) BACKGROUND On November 15,2005,the Council of the City of Fresno adopted Resolution No.2005-490 forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and Services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-430 Agenda Date:10/23/2014 Agenda #:1-C defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (“City Law”). The landowner has made a request to the City of Fresno to have Final Tract Map No.5967 annexed to CFD No.11 to provide funding for the Services pertaining to the concrete curbs and gutters, entrance median curbs and hardscaping,sidewalks,curb ramps,interior street paving and street lighting associated with this subdivision. (See attached location and feature maps) Final Tract Map No. 5967 is not a phased map and is located entirely in the Fresno City Limits. The attached Resolution initiates the annexation process,sets the public hearing on this matter for Thursday,November 20,2014,at 10:00 a.m.,sets the Maximum Special Tax at $158.17 annually per residential lot (totaling $1,898)for FY14-15 and sets the annual adjustment of the Special Tax at +3% plus the increase, if any, in the construction cost index for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law.The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 11 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS 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 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 Resolution City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ CITY OF PUBLIC WORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION 0t1 FINAL TRACT MAP NO. 5967 HERNDEN - BULLARD _ BARSToV -SHAV - ASHLAN - SH¡ELDS - I,ICKINLEY - BELMENT - CALIFERNIA - JENSEN - NERTH - CENTRAL - AHERICAN - EtrIU'<ZZ, l¡lTUJYaafJq,ur<aJiz**>cù{8ú85ãÉti:7,*l*lı7 ioËHã?üü1àgoñù-¿5¿r¡F-F IJoFt LOCATION MAP ANNEXATION NO. 57 COMMUNITY FACILITIES DISTRICT NO. 11 CffY OF PUBLIC WORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION FEATURES TO BE ADDED BY ANNEXATION NO. 57 COMMUNITY FACILITIES DISTRICT NO. 11 FINAL TRACT MAP NO. 5967 NOT TO SCALE Scptcmbcr 15, 2014 CONCRETE IM PROVEMENTS: CURB & GUTTER : 918 LF SIDEWALK & CURB RAMPS : 4,854 SF ENTRANCE MEDIAN CURB : 51 LF MEDIAN HARDSCAPE : 189 SF INTERIOR PAVEMENT: TOTAL ARFA : 14,952 SF NOTE: Property owners of lot number one (1) shall be responsible for the maintenance of the landscaped area, trees and irrigation fronting along North Polk Avenue adjacent to their lot. WEST SANTA ANA AVENUE WEST SANTA ANA AVENUE I.L¡fztu vJoo- Il-ú.oz. (n TU kF(n z, LUlz LrJ (nl(J ú. É =t-ú.oz. WEST ACACIA AVENUE WEST SAN GABRIEL AVENUE "/ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL TRACT MAP NO. 5967 AS ANNEXATION NO. 57 TO THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 1 1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES WHEREAS, the City of Fresno ("City") is a charter city and municipal corporation duly created and existing under the Constitution and laws of the State of California; and WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Arlicle 3, of the Fresno Municipal Code ("City Law"), this Council, as the legislative body for the community facilities district and any annexation thereto, has the authority to establish a community facilities district and annex property to the community facilities district; and WHEREAS, on November 15, 2005, the Council of the City of Fresno ("Council") adopted a resolution establishing the City of Fresno Community Facilities District No. 11 ("CFD No. 11"); and WHEREAS, the original boundaries of CFD No. 11 are shown on the Boundary Map of City of Fresno Community Facilities District No. 11, recorded November 8, 2005, at Book 41, Page 61 of Assessment and Community Facilities Districts in the Office of the Recorder, County of Fresno, California, a copy of which is on file in the Office of the City Clerk of the City of Fresno ("City Clerk"); and Date Adopted: Date Approved: Effective Date: City Attorney Approv ul, @- 1of 6 Resolution No. WHEREAS, the territory encompassing the existing CFD No. 11 is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the landowner of Final Tract Map No. 5967 ("T5967") has formally petitioned the City to annex T5967 to CFD No. 11, and the area proposed for annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the types of public services provided in the existing CFD No. 11 ("Services") are specified in the document attached hereto as Exhibit C, Page C-2, and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 57 (T5967) are specified in the document attached hereto as Exhibit C, Page C-1, and incorporated herein by this reference; and WHEREAS, Annexation 57, T5967 is located entirely within the limits of the City of Fresno; and WHEREAS, CFD No. 11 and Annexation No. 57 will share costs proportionately for Services provided by the City; and NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The forgoing recitals are true and correct. 2. Proposed Annexation No. 57 Boundaries. The proposed boundaries of Annexation No. 57 are as shown on the map (copy attached as Exhibit B) on file with the City Clerk. The boundaries, shown in Annexation Map No. 57, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to 2of6 record Annexation Map No. 57, or cause it to be recorded, in the Office of the Recorder, Fresno County, California within ten days after the adoption date of this resolution, 3. Services. The operation and reserves for maintenance ("Seruices") proposed to be financed in Annexation No. 57 are listed on Page C-1 of Exhibit C, attached hereto and incorporated herein by this reference. 4. Special Taxes. Except to the extent that funds are othenryise available to CFD No. 1 1 to pay for the Services in Annexation No. 57, a special tax sufficient to pay the costs ("Special Tax") thereof, secured by recording a continuing lien against all nonexempt real properly in Annexation No. 57, will be levied annually within Annexation No. 57, and collected in the same manner as ordinary ad valorem property taxes, or in any other manner as this Council or its designee shall determine, including direct billing of the effected property owners, The proposed rate and method of appoftionment of the Special Tax among the real property parcels within Annexation No. 57, are described in sufficient detail for each landowner within Annexation No. 57 to estimate the maximum amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein by this reference. 5. District Annexation Report. The Director of Public Works Department, as the officer having charge and control of the Services in and for CFD No. 11, or his designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the City Clerk a reporl of CFD NO. 11, Annexation No. 57 ("District Repoft"), in writing presenting the following: a. A description of the Services by type required to adequately meet the needs of CFD No. 11, Annexation No. 57. 3of6 b. An estimate of the fair and reasonable cost of the Services including the cost of acquiring land, rights-of-way and easements, costs of any physical services required in conjunction therewith, and incidental expenses in connection therewith. c. Describe any plan for Services that will be provided in common with the existing district andlor any territory that may be annexed. d. lf the Special Tax levied within the territory proposed to be annexed is higher or lower than the existing CFD No. 1 1, identify the extent and reasons why the costs to provide Services in that territory are higher or lower than those provided in the existing CFD No. 11. Specify any alteration in the special tax rate levied within the existing CFD No. 11 because of the proposed annexation. e. The CFD No. 11, Annexation No. 57 District Report shall be made a paft of the record of the public hearing specified below. 6. Single Ballot. The propositions to set the appropriations limit and to approve the levy of the Special Tax shall be combined into a single ballot and submitted to the voters pursuant to City Law. 7. Public Hearing. Thursday, November 20,2014 al 10:00 a.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, this Council, that this legislative body for CFD No. 11, will conduct a public hearing on the annexation of T5967 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 4of6 8. Public Notice. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation published in the area of CFD No. 11. The publication shall be complete at least seven days before the hearing date set herein. The notice shall be in the form specified by Sections 53339.4 and 53322 of Chapte r 2.5 of the California Government Code. Attachments: Exhibit A: Original Boundaries of CFD No. 11 Exhibit B: Annexation Map No. 57 Exhibit C: Description of Services Exhibit D: Rate and Method of Apportionment of Special Tax ************** 5of6 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 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: Council Override Vote: YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: SS. 2014 2014 Raj Singh Badhesha, Deputy 6of6 BlackstoneNees He rnd on Bulla rd Sh aw Ashlan Sh ields McKinley Be lm on t Whites Bridge Alluvial Sierra Ba rstow Gettysburg Da kota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler Califo rnia Church Jen sen Annadale North Kings Cany onMaroaInternational Copper Behymer Shepherd Nee s Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Ba rstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga Am erica n CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKe arn ey Muscat No rth Annada le Musca t Ce ntral California Jensen Chu rch Ce ntral Nie ls en 41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION 41 180 168 99 99 180 Legend State Rou tes Rail Road Stre et Centerline CF D11 City Bound ary Limits Exhibit A EXH IBIT B TERRITORY TO BE ANNEXED TO THE CITY CFD NO. 1]. BOUNDARY LINE OF NEW TERRITORY DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY-OF ,2OL4, ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 57 OF THE COMMUNITY FACILITIES DISTRICT NO. 11., CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BYTHE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2014-oN-,2014. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY THIS ANNEXATION MAP NO. 57 OF THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS-DAYOF , 2014 AT THE HOUR OF -O'CLOCK_ M AT BOOK 44, PAGE - OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA. PAUL DICTOS, C.P.A. COUNTY RECORDER OF THE COUNTY OF FRESNO BY: REFERENCE: BOUNDARY t\ilAP OF CtTy OF FRESNO COt\tMUNtTy FAC|LtTtES DISTRICT NO. ,I.I, RECORDED NOVEMBER 8, 2OO5 AT EOOK 41 , PAGE 61 OF ASSESSI\iIENT AND COIVIIVlUNITY FAcILITIES DISTRICTS IN THE oFFIcE oF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA NOTE: FOR PARCEL D||\TENS|ONS, SEE ASSESSOR,S MAp BOOK PAGES WEST SANTA ANA AVENUE BY uJ:fz UJ tnf,(J d (D Tt-doz FINAL TRACT MAP NO. 5599 W ACACIA AVE WEST ACACIA AVENUE WEST SAN GABRIEL AVENUE lUfz.lU U)f,(J É. fft-Fdoz lrjlz. UJ \zJoo-I t--doz b trJF FU'' z. CITY Of FRESNO - Public Works Department ANNEXATION MAP NO 57 OF COMMUNIry FACILITIES DISTRICT NO, 1 1 OF THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA cFD11 57Ar EXHIBIT C CITY OF FRESNO Community Facilities District No. 11 Annexation No. 57 Description of Services to be financed by Community Facilities District No. 11 for Annexation No. 57 (Final Tract Map No. 5967) The services and operations that are to be financed (“Services”) by Community Facilities District No. 11 (“CFD No. 11”) for Final Tract Map No. 5967, Annexation No. 57 are generally as described below. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructures (including reserves for replacement) within public street rights-of-way. Such facilities include, without limitation, concrete curbs and gutters, entrance median curbs, median hardscape, valley gutters, curb ramps and sidewalks, street name signage, and street lighting, and interior local street paving associated with these subdivisions. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (“City”) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation 50 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. C-1 EXHIBIT C CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (“Services”) by Community Facilities District No. 11 (“CFD No. 11”) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (“City”) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this Exhibit B or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. C-2 EXHIBIT D CITY OF FRESNO Community Facilities District No. 11 Annexation No. 57 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 Reserve for Replacement $1,718.00 2 Incidental Expenses $180.00 Total $1,898.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 5967 $158.17 12 $500,000.00 ABN Investments, LLC D-1 EXHIBIT D City of Fresno Community Facilities District No. 11 Annexation No. 57 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (“CFD No. 11”) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or D-2 EXHIBIT D portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1351 of the Civil Code, a community apartment project, as defined in Section 1351 of the Civil Code. D-3 EXHIBIT D “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (“City”) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2014-2015 for a residential unit within Final Tract Map No. 5967 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2014-2015)* Final Tract Map Number** Maximum Special Tax 5967 $158.17 per Residential Unit *Beginning in January of each year, the MST shall be adjusted upward annually by 3% plus the rise, if any, in the Construction Cost Index (CCI) for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. D-4 EXHIBIT D D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2014-2015, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. D-5 EXHIBIT D ATTACHMENT “1” City of Fresno Community Facilities District No. 11 Annexation 57 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 5967 D-6 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-455 Agenda Date:10/23/2014 Agenda #:1-D REPORT TO THE CITY COUNCIL October 23, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division BY:LITO G. BUCU, Supervising Engineering Technician Department of Public Utilities - Water Division SUBJECT Action pertaining to acquisition of 2421 E. Sussex Way (Council District 7) 1. Adopt a finding of conformity prepared for EA 14-021; and 2.Approve acquisition of one parcel located at 2421 E. Sussex Way for the amount of $99,000 from Sellers: Michael W. Copeland and Teresa Copeland to construct a new water supply well RECOMMENDATIONS Staff recommends that the City Council: 1.Adopt a finding of conformity prepared for EA 14-021 for the proposed construction of a new water supply well. 2.Approve the fee simple acquisition of one parcel (See Exhibit A),which is necessary for the construction of a new water supply well at 2421 East Sussex Way from property owners: Michael W.Copeland and Teresa Copeland (APN 436-112-26,see Exhibit B)for the amount of $99,000. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-455 Agenda Date:10/23/2014 Agenda #:1-D 3.Authorize the Public Works Director, or his designee, to sign all documents on behalf of the City. EXECUTIVE SUMMARY The Water Division maintains a network of some 275 plus municipal water supply wells that provides 88%of the City’s potable water.New wells are required to meet new demands,replace wells that have reached the end of their useful life,or assist in remediating water quality issues. The proposed property acquisition will provide a new water well site to augment lost production when the older outdated well in the area will be decommissioned. BACKGROUND The subject parcel was identified as a suitable well site due to its size and location.Staff has negotiated with the property owners to purchase the subject parcel for the amount of $99,000,which is based on appraised values.Owners of the parcel have agreed to the amount of compensation offered by the City and signed the Agreement for purchase and sale and the Grant Deed.With Council approval, payment will be made to the owner and the Grant Deed will be recorded. The acquisition of this parcel will allow the Water Division to replace an old well known as Pump Station 51,which needs to be taken out of service,because it is nearing the end of its useful life and needs to be decommissioned per State requirements.Exploratory drilling was performed and confirmed the feasibility of drilling a water production well at the new site. A Phase 1 Environmental Site Assessment was also completed and no environmental hazards were found at this location. The documents signed by the property owners have been approved as to form by the City Attorney’s Office. Following acquisition of the property,plans and specifications will be prepared for the drilling of the production well,bids will be solicited and a well drilling contract will be presented to the Council for award.The last phase of the project is the construction of the well site improvements which includes:structures,piping and equipment necessary for operation of the well;and perimeter improvements such as,landscaping,masonry block wall,and street work.This phase of the project will also be bid separately and award for the construction will be presented to the Council for approval. ENVIRONMENTAL FINDINGS An initial study was prepared for the above described project,which has been determined to be a subsequent project fully within the scope of the Master Environmental Impact Report No.10130 (MEIR)prepared for the 2025 Fresno General Plan (SCH #2001071097)and Mitigated Negative Declaration prepared for Plan Amendment No.A-09-02 (SCH #2009051016)(Air Quality MND). With the mitigation imposed,there is no substantial evidence in the record that this project may have additional significant,direct,indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND.After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code,Section 21157.6 (b)(1),staff has determined there are no substantial changes that have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that noCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-455 Agenda Date:10/23/2014 Agenda #:1-D circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted,has become available.The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including,but not limited to,lists of hazardous waste facilities,land designated as hazardous waste property,hazardous waste disposal sites and others,and the information in the Hazardous Waste and Substances Statement required under subdivision (f)of that Section. Therefore,any necessary environmental review required by CEQA has been completed for the project. LOCAL PREFERENCE Local preference was not considered because this action does not involve a bid or award of a construction or services contract. FISCAL IMPACT The project,which is located in District 7,will not have any impact to the General Fund.Funds for the site acquisition are included in Water Division’s FY 2015 Capital Improvement Program budget within the Water Enterprise Fund (40101). Attachments:Exhibit A: Vicinity Map Exhibit B: Assessor’s Parcel Map City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-456 Agenda Date:10/23/2014 Agenda #:1-E REPORT TO THE CITY COUNCIL October 23, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division BY:LITO G. BUCU, Supervising Engineering Technician Department of Public Utilities - Water Division SUBJECT Action pertaining to acquisition of 4101 N. Fruit Avenue (Council District 1) 1.Adopt a finding of conformity prepared for EA 14-022; and 2.Approve acquisition of two parcels located at 4101 N. Fruit Avenue for the amount of $150,000 from Seller: Queenie Hill to construct a new water supply well RECOMMENDATIONS Staff recommends that the City Council: 1.Adopt a finding of conformity prepared for EA 14-022 for the proposed construction of a new water supply well. 2.Approve the fee simple acquisition of two parcels (See Exhibit A),which is necessary for the construction of a new water supply well at 4101 North Fruit Avenue from property owner: Queenie Hill (APN 415-251-09 and 77, see Exhibit B) for the amount of $150,000. 3.Authorize the Public Works Director, or his designee, to sign all documents on behalf of the City. EXECUTIVE SUMMARY City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-456 Agenda Date:10/23/2014 Agenda #:1-E The Water Division maintains a network of some 275 plus municipal water supply wells that provides 88%of the City’s potable water.New wells are required to meet new demands,replace wells that have reached the end of their useful life,or assist in remediating water quality issues. The proposed property acquisition will provide a new water well site to augment lost production when the older outdated well in the area was decommissioned. BACKGROUND The subject parcels were identified as a suitable well site due to their size and location.Staff has negotiated with the property owner to purchase the subject parcels for the amount of $150,000, which is based on appraised values.Owner of the parcel has agreed to the amount of compensation offered by the City and signed the Agreement for purchase and sale and the Grant Deed.With Council approval,payment will be made to the owner and the Grant Deed will be recorded. The acquisition of these parcels will allow the Water Division to replace the old well known as Pump Station 210,which had to be taken out of service,because it had reached the end of its useful life and was decommissioned per State requirements.Exploratory drilling was performed and confirmed the feasibility of drilling a water production well at the new site. A Phase 1 Environmental Site Assessment was also completed and no environmental hazards were found at this location. The documents signed by the property owner have been approved as to form by the City Attorney’s Office. Following acquisition of the property,plans and specifications will be prepared for the drilling of the production well,bids will be solicited and a well drilling contract will be presented to the Council for award.The last phase of the project is the construction of the well site improvements which includes:structures,piping and equipment necessary for operation of the well;and perimeter improvements such as,landscaping,masonry block wall,and street work.This phase of the project will also be bid separately and award for the construction will be presented to the Council for approval. ENVIRONMENTAL FINDINGS An initial study was prepared for the above described project,which has been determined to be a subsequent project fully within the scope of the Master Environmental Impact Report No.10130 (MEIR)prepared for the 2025 Fresno General Plan (SCH #2001071097)and Mitigated Negative Declaration prepared for Plan Amendment No.A-09-02 (SCH #2009051016)(Air Quality MND). With the mitigation imposed,there is no substantial evidence in the record that this project may have additional significant,direct,indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND.After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code,Section 21157.6 (b)(1),staff has determined there are no substantial changes that have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted,has become available.The projectCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-456 Agenda Date:10/23/2014 Agenda #:1-E was certified as complete and the Air Quality MND was adopted,has become available.The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including,but not limited to,lists of hazardous waste facilities,land designated as hazardous waste property,hazardous waste disposal sites and others,and the information in the Hazardous Waste and Substances Statement required under subdivision (f)of that Section. Therefore,any necessary environmental review required by CEQA has been completed for the project. LOCAL PREFERENCE Local preference was not considered because this action does not involve a bid or award of a construction or services contract. FISCAL IMPACT The project,which is located in District 1,will not have any impact to the General Fund.Funds for the site acquisition are included in Water Division’s FY 2015 Capital Improvement Program budget within the Water Enterprise Fund (40101). Attachments:Exhibit A: Vicinity Map Exhibit B: Assessor’s Parcel Map City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-458 Agenda Date:10/23/2014 Agenda #:1-F REPORT TO THE CITY COUNCIL October 23, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:JERRY L. SCHUBER SR., Assistant Director Department of Public Utilities, Solid Waste Management Division SUBJECT BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Katch Environmental and Mini Dumpsters of Fresno in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on October 30, 2014 RECOMMENDATION It is recommended that City Council introduce an ordinance which grants a non-exclusive roll-off collection franchise to the companies listed on the attachment in preparation for a public hearing on the matter and final vote to approve the non -exclusive roll-off franchise on October 30, 2014. EXECUTIVE SUMMARY The City Council approved an ordinance establishing a non-exclusive roll-off collection franchise system for private haulers under City Charter Article XIII,Section 1300 on July 21,2011.Sixteen (16)companies were approved as franchisees at that time.Since then,four (4)additional companies have applied and been approved to become franchisees. The most recent application requires City Council approval to be added to the list of franchisees. BACKGROUND On July 21,2011,City Council an ordinance establishing a non-excusive roll-off collection franchise system to regulate roll-off hauler collection activities. The volume of roll-off materials collected is approximately 20-25%of the solid waste stream and highly recyclable, therefore the City has implemented the system to: ·Comply with current and anticipated State regulations related to the diversion of such materials from landfill diversion; ·Implement the goals of the City’s AB 939 Plan including the Source Reduction and Recycling Element as adopted by the City Council; ·Support the goals of the City to achieve 75%diversion by 2012 and Zero Waste by 2025, City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-458 Agenda Date:10/23/2014 Agenda #:1-F ·Support the goals of the City to achieve 75%diversion by 2012 and Zero Waste by 2025, which were adopted by City Council by establishing minimum diversion standards for roll -off materials (50% of C&D materials and 70% of recyclables); and ·Increase the fees received from these companies from the previous material diversion fee of $17.70 per service location to a 10%franchise fee.In FY 2014,the City received $636,320. Roll-Off Hauler Application Process Haulers may apply to the City to obtain a non-exclusive roll-off franchise. The applicant must describe and/or provide: ·Information about the company ·Qualifications of the company, which must include: ―Names and addresses (1)officers,directors,and associates;(2)persons and entities having five percent or more of ownership;and (3)Any parent or subsidiary or business entity owning or controlling in whole or in part applicant ―Description of applicant’s experience ―Municipal references ―Customer references ―Proof of insurance ―Litigation and regulatory history ―Criminal history ·Operations Information ―Diversion plan ―Description of equipment (trucks and containers) ―Collection schedule ―Description of the types of materials to be collected ―Processing facilities collector intends to use ―Hazardous waste procedures ―Customer service plans ―Billing services ·Other information that may be requested by the Director of Department of Public Utilities. All franchise applications have been thoroughly reviewed and vetted by internal City staff who are experts in this area. Next Steps Per the City Charter,if the non-exclusive roll-off collection franchises are to be awarded,the City Council must perform an introduction and first reading of an ordinance awarding the franchise.A public hearing for this issue will then be held on October 30, 2014. At the conclusion of the public hearing, the City Council will decide whether to award the franchise. If approved by City Council,the Director of the Public Utilities Department will execute the agreements with the franchisees listed on Attachment A. 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 implemented because an ordinance to award a non-exclusive roll-off franchise is not an award of a services or construction contract. FISCAL IMPACT City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-458 Agenda Date:10/23/2014 Agenda #:1-F In FY 2014, the City received $636,320 in total annual franchise fees from roll-off haulers. Attachments: ·Ordinance ·List of Grantees-Attachment A ·Non-Exclusive Franchise Agreement-Attachment B City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ BILL NO. ____ _ ORDINANCE NO. ____ _ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, WHICH GRANTS TO THE COMPANIES LISTED ON ATTACHMENT A NON-EXCLUSIVE FRANCHISES FOR ROLL-OFF COLLECTION SERVICES WITHIN THE CITY OF FRESNO. THE COUNCIL OF THE CITY OF FRESNO (THE "CITY") DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance effectuates the terms and conditions set forth in the form of the Franchise Agreements executed by the City and the Contractor(s) listed on Attachment A. SECTION 2. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not hereinafter in this section defined, but which are defined in any Franchise Document, as herein defined, shall have the same meanings herein, as so defined in such Franchise Documents (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Contractor" shall mean one or more of the companies listed on Attachment A, attached hereto and incorporated herein by reference. (b) "Franchise Documents" shall mean and shall include all of the following: Date Adopted: Date Approved Effective Date: ~/ City Attorney Approval: ..J2:::::::.... Page 1 of 3 Ordinance No. (I) Article XIII of the Charter of the City of Fresno. (2) Chapter 6, Article 2, of the Fresno Municipal Code. (3) The Non-Exclusive Franchise Agreements for Roll-Off Collection Services. (4) The written acceptance of the granting of a Non-Exclusive Franchise to Contractors. (5) Resolution No . _____ , Resolution of Intention to grant Franchises to the Contractors. (6) This Ordinance. (7) Any and all documents which are referred to, defined, or described in any of the foregoing as "Franchise Documents." (c) "Franchise Fee" shall mean the fee paid by the Contractors to the City for the privilege to hold the non-exclusive rights granted by the Franchise Agreement and as defined within Section 8.2 of the Non-Exclusive Franchise Agreement. SECTION 3. Non-Exclusive Franchise Authorizing and permitting the Contractors to do all things described by the Franchise Documents is hereby granted to the Contractors. SECTION 4. The term of the Non-Exclusive Franchise Agreements shall be expressly stated in Attachment B, which is attached hereto and incorporated by reference. SECTION 5. Contractors shall pay to the City all Franchise Fees and other fees that are due and payable pursuant to the Franchise Agreements. 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 final passage. Page 2 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES NOES ABSENT ABSTAIN: Mayor Approval: ______________ , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: ----------Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY : ~----------Brandon M. Collet Date Deputy Attachments: Attachment A -List of Grantees Attachment B -Franchise Agreement Page 3 of 3 Attachment A List of Grantees Business Name Full Legal Name 1 Katch Environmental Katch Environmental Inc. 2 Mini Dumpsters of Fresno Mini Dumpsters of Fresno City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-461 Agenda Date:10/23/2014 Agenda #:1-G REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JANE SUMPTER, Budget Manager Budget and Management Studies BY:SCOTT MOTSENBOCKER, Senior Budget Analyst Budget and Management Studies SUBJECT *** RESOLUTION - 22nd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $10,100 in Council Department operating and capital infrastructure funds based on the carryover balances from fiscal year 2014 (Requires 5 affirmative votes) RECOMMENDATION Council has directed staff to prepare enabling documents to appropriate unexpended and unencumbered FY 2014 City Council Department operating and capital infrastructure appropriations to the Council Department for discretionary purposes in FY 2015. EXECUTIVE SUMMARY Council approved a motion in FY 2011 directing staff to automatically carryover Council Department operating and capital infrastructure funding that is unexpended and unencumbered by June 30th of each year. The enabling documents to appropriate the funds in the current year are attached. BACKGROUND City Council operating and capital infrastructure funds were appropriated for various projects and purposes in FY 2014; however, all funds were not expended or encumbered by June 30, 2014. Unexpended FY 2014 balance estimates were provided by the City Council during the budget process and were included in the FY 2015 Adopted Budget. This action is a true-up to those City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-461 Agenda Date:10/23/2014 Agenda #:1-G estimates. The Charter of the City of Fresno, Section 1206, provides that all appropriations shall lapse at the end of the fiscal year (June 30), meaning that unexpended funds at the end of a fiscal year cannot be used in the subsequent year without Council approval. The attached resolution will allow Council to budget the unexpended appropriations in the Council Department for discretionary purposes in FY 2015. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the Council Carryover action does not qualify as a project and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Not applicable because this is not a competitive bid. State law requires that professional firms are selected based on their qualifications and experience. FISCAL IMPACT This action utilizes resources from the General Fund carryover revenue resulting from unexpended appropriations at June 30, 2014. The General Fund portion is currently available for any General Fund purpose including Council discretionary appropriations. Attachment: The 22nd Amendment to the Annual Appropriation Resolution City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 3 Date Approved: Effective Date: Council CO_22nd AAR Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 22nd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 TO APPROPRIATE $10,100 IN COUNCIL DEPARTMENT OPERATING AND CAPITAL INFRASTRUCTURE FUNDS BASED ON THE CARRYOVER BALANCES FROM FY 2014 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 General Fund $ 10,100 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Revenues: Account: 30101 Transfer from Fund Balance $ 10,100 Fund: 10101 Org Unit: 200501 Total Revenues $ 10,100 Appropriations: Account: 58005 Miscellaneous Expenditures $ 1,800 Fund: 10101 Org Unit: 010102 Total Appropriations $ 1,800 Appropriations: Account: 58005 Miscellaneous Expenditures $ 2,100 Fund: 10101 Org Unit: 010202 Total Appropriations $ 2,100 Date Adopted: 2 of 3 Date Approved: Effective Date: Council CO_22nd AAR Resolution No. Increase/(Decrease) Appropriations: Account: 58005 Miscellaneous Expenditures $ 18,700 Fund: 10101 Org Unit: 010402 Total Appropriations $ 18,700 Appropriations: Account: 58005 Miscellaneous Expenditures $ (4,800) Fund: 10101 Org Unit: 010502 Total Appropriations $ (4,800) Appropriations: Account: 58005 Miscellaneous Expenditures $ (4,400) Fund: 10101 Org Unit: 010602 Total Appropriations $ (4,400) Appropriations: Account: 58005 Miscellaneous Expenditures $ (3,300) Fund: 10101 Org Unit: 010702 Total Appropriations $ (3,300) THAT the purpose is to appropriate $10,100 in Council Department operating and capital infrastructure funds based on the carryover balances from FY 201 4. Date Adopted: 3 of 3 Date Approved: Effective Date: Council CO_22nd 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#14-470 Agenda Date:10/23/2014 Agenda #:1-H October 23, 2014 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:THEODORE F. SEMONIOUS, Deputy Chief Fire Department SUBJECT Approve automatic and mutual aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit RECOMMENDATION Staff recommends the City Council approve the Automatic and Mutual Aid agreements between the City of Fresno,Fresno County Fire Protection District,California Department of Forestry,and Fire Protection Fresno-Kings Unit.The meet and confer process between the City of Fresno and International Association of Fire Fighters Local 753 has been completed. EXECUTIVE SUMMARY Approval of the recommended action will assist in maintaining effective readiness.These agreements are mutually beneficial to both agencies and the community in that they provide for the closest resource to be dispatched to an emergency scene regardless of jurisdiction. BACKGROUND In 1974,the City of Fresno and then Mid-Valley Fire Protection District (now known as Fresno County Fire Protection District)signed the first automatic aid agreement to provide the closest fire resource to emergencies based on proximity to the event regardless of jurisdiction.This agreement had the effect of providing emergency responders to the jurisdictional border areas in a more efficient manner.Since that time,there have been several automatic and mutual aid agreements signed between the City of Fresno and the Fresno County Fire Protection District. The most recent agreement was signed in 2003 and included an area bound by First Street to the west,Temperance Avenue to the east,Dakota Avenue to the north,and California Avenue to the south.Within these boundaries are several County islands that are currently protected by the City of Fresno Fire Department.Disagreements between the parties over payment for automatic aid resulted in locations outside those boundary areas to be considered mutual aid,which require prior approval of the requested jurisdiction before a response is initiated.This method results in longer City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-470 Agenda Date:10/23/2014 Agenda #:1-H response times and is not the best model for service delivery. In early 2014,with new administrations in place for both agencies,discussions regarding automatic aid began.The impacts of the current response plans were noted and the deficiencies of not having an automatic aid agreement in place were quickly recognized.Both parties acknowledged the need for a renewed automatic aid agreement and quickly agreed to the terms. Through these discussions came the awareness that there were areas within the City limits along the San Joaquin River where county and state resources could assist the Fresno Fire Department as they have specialized equipment for handling wild land and urban interface fires.It was agreed the area along the river could be better protected through an exchange of equipment and other resources through a mutual aid agreement.The agreement includes the use of Cal Fire resources, on behalf of Fresno County Fire Protection District.The Fresno Fire Department will deploy resources where incidents occur north of the City in areas currently protected by Cal Fire. The Fresno Fire Department had discussed the Automatic Aid Agreement with representatives of IAFF 753 before it was first taken to Council in May 2014.The Department believed that the bargaining unit had no objections to implementation;however,IAFF 753 raised objections when the item was posted on the Council Agenda.Meetings were subsequently held with IAFF 753 on June 2nd and June 9th.As a result of those meetings,changes were made to the draft Automatic Aid Agreement at the request of IAFF 753.A final meeting was held on September 24th where an agreement to the modified language was reached. ENVIRONMENTAL FINDINGS Pursuant to the California Environmental Quality Act (CEQA)Guidelines,Section 15278,this item does not qualify as a “project” and is therefore exempt from the CEQA requirements. LOCAL PREFERENCE Not applicable. FISCAL IMPACT The reduction of responses may result in a decrease of maintenance costs on apparatus,resulting in a positive impact to the General Fund. Attachments: Agreement:Automatic Aid Fire Suppression and Emergency Services between Fresno County Fire Protection District and City of Fresno Agreement:Wildland Fire Mutual Aid Agreement between City of Fresno and California Department of Forestry and Fire Protection Fresno-Kings Unit City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ AGREEMENT FOR AUTOMATIC AID FIRE SUPPRESSION AND EMERGENCY SERVICES BETWEEN FRESNO COUNTY FIRE PROTECTION DISTRICT AND CITY OF FRESNO THlSAGREEMENTismadeandenteredintoonthe-dayof-,2014,by and between the CITY OF FRESNO, a municipal corporation ("City") and the FRESNO COUNTY FIRE PROTECTION DISTRICT, a political subdivision of the State of California ("District"). RECITALS WHEREAS, the parties have the common power to provide fire protection services and desire to jointly exercise said power pursuant to the authority granted under Sections 6502 and 55632 of the California Government Code and Section 254Q0 et eq., of the California Health and Safety Code; WHEREAS, the parties desire to maximize the delivery of fire suppression and emergency services by responding with the closest units when necessary to protect life and property; WHEREAS, an agreement to provide automatic aid is beneficial to both the District and the City; and WHEREAS, both parties participate in the California Disaster and Civil Defense Master Mutual Aid Agreement with the State of California pursuant to the California Emergency Services Act for purposes of requesting mutual aid in connection with any incident which cannot be handled adequately by the party's respective fire department. AGREEMENT NOW, THEREFORE, the parties agree as follows: SECTION I.DEFINITIONS. Unless the particular provision or context othenryise requires, the definitions contained in this section shall govern the construction, meaning, and application of words used in this Agreement. a) "Automatic Aid" shall mean the immediate dispatch of a fire unit within the jurisdiction of the requesting party under pre-determined terms and conditions, using (NFPA) 1221as a guideline. b) "Automatic Aid Service Area" shall mean the area within the Fresno City limits and extending beyond the City limits into the unincorporated areas serviced by the District. A map of such areas is attached to this Agreement as Exhibit A and shall be regularly updated by the parties to this Agreement. c) "Nearest Available Fire Unit" shall mean the available fire apparatus of the appropriate type closest in dispatch and response time to the scene of the incident. "Responding Partv" shall mean any party to this Agreement that receives a request for Fire Protection Services within the jurisdiction of the requesting party. "Requestinq Pafty" shall mean any party to this Agreement that requests fire protection or emergency services as defined by this Agreement within its jurisdiction from the other party to this Agreement. "Emergencv Medical Seryice" shall mean life threatening (Priority 1) basic life support service, not including paramedic service. "Emerqencv Response" shall mean immediate response and use of red lights and siren by responding units. "Fire Protection Services" shall mean firefighting capacity to contain, control, and extinguish fires; the mitigation of fire-related hazards; and emergency medical services. "lncident Commander" shall mean the person in overall command at the incident as defined in the National lncident Management System, California Vehicle Code Sections 2453 and 2454, or by such other agreement as provided by law. "Standard Response Plan" shall mean the pre-designated number and type of apparatus that routinely respond to a specific type of emergency incident. See attached Response Matrix as Exhibit B. "Mutual Aid" shall mean request of resources based on the needs determined by the managers of the incident and subject to authorization by the responding party for each request. SECTION 2.FURNISHING OF FIRE SUPPRESSION AND EMERGENCY SERVICES. Purpose: The purpose of this Agreement is to enhance the ability of the parlies to provide fire suppression and emergency services by sharing resources when and where appropriate for emergency incident mitigation. To effectuate this purpose, both parties agree that each agency will respond with Fire Units within the Automatic Aid Service Area. Neither party is required to respond with particular identified units. However, the Nearest Available Fire Unit response concept shall be utilized when appropriate as it represents the foundation and rationale for this Agreement. a) Service Details Determined by Fire Chiefs. The specific details of providing the services under the terms as specified in this Agreement shall be determined by the respective Fire Chiefs of the parties. lt is understood that all plans which deal with fire protection services shall adhere as closely as practical to the "Nearest Available Fire Unit" concept which forms the basis for this Agreement. b) District Oblisations to the City. The District agrees to provide the following to the City: (1) Upon request of the City, to respond with up to two (2) Fire Units as Automatic Aid within the Automatic Aid Service Area to any emergency incident(s), within the City to complete alarm assignments as defined by the Requesting Party's Response Matrix. 2 d) e) s) h) i) k) The responding fire units will include at least three (3) career staff on ladder truck(s)/fire engines and at least two (2) career staff on squad(s) or the equivalent. Any response vehicle with staffing of two or less will not be counted as part of the response matrix for the initial response but may be considered as a resource to utilize during the initial attack and during overhaul. This service is provided at no cost. (2) Upon request of the City, to respond with one Fire Unit as Automatic Aid within the Automatic Aid Service Area to Priority 1 Emergency Medical Service calls. lf any two person response vehicle responds to the following Priority 1 Emergency Medical Service calls, Cardiac ArresVNon-Breather, Gunshot or Stabbing, and Motor Vehicle Accident (MVA), the closest additional Fire Unit will also be dispatched. Should the City upgrade its standard medical call responses to include Priority 2 calls in the future, the District agrees to respond to these lower priority calls contingent upon the City reciprocating with the same on behalf of the District. This service is provided at no cost. (3)Any requests for assistance outside of the areas established or not identified herein shall be considered a Mutual Aid request and shall be subject to authorization by the responding party for each request based on availability rather than the nearest available concept. These services will be provided at no cost. (4) Upon request of the City, the District will provide one Fire Unit with 3 career staff to cover the area within the City limits, in support of draw down caused by emergency activity. This is a general agreement of intent and does not obligate the District if its resources are unavailable. City Obliqations to the District. The City agrees to provide the following to the District: (1) Upon request of the District, to respond with up to two Fire Units as Automatic Aid within the Automatic Aid Service Area to any emergency incident(s), excluding lower priority medical calls, to complete alarm assignments as defined by the Requesting Pady's Response Matrix. ln general, the Automatic Aid Area is limited to portions of the District's fire staiions 85 and 87 response areas which are directly adjacent to the City's boundaries. The responding Fire Unit will include at least three (3) career staff. This service is provided at no cost. (2) Upon request of the District, to respond with one Fire Unit as Automatic Aid within the Automatic Aid Service Area to Priority 1 Emergency Medical Service calls only. Should the District request to have the City include Priority 2 call responses in the future, the City agrees to respond to these lower priority calls contingent upon the District reciprocating with the same on behalf of the City. (3) Any requests for assistance outside of the areas established or not ídentified herein shall be considered a MutualAid Request and shall be subject to authorization by the Responding Party based on availability (rather than the nearest available concept). ln general, the provisions and conditions of an Mutual Aid Request should be 3 limited to the draw down of available District resources within the area known as Metro Battalion 17. Specifically, to include the District fire station response areas of Stations 85, 86, 87 and 89. These services will be provided at no cost. SECTION 3.OTHER RESPONSIBILITIES AND OBLIGATIONS OF THE DISTRICT AND THE CITY. The City and the District agree to the following additional responsibilities and obligations: Radio Frequencies. Fire Units responding to Automatic Aid requests will utilize the radio frequencies assigned by the requesting party First Units. The first unit to arrive at the scene of the incident shall initiate appropriate action. The officer-in-charge of the first unit to arrive shall cause to be reported to the Requesting Party all pertinent information about the conditions encountered at the scene of the incident. Officer in Charqe. The officer-in-charge of the first arriving unit shall be in charge of the incident until he/she is relieved by an officer of the Requesting Party. All apparatus at the scene of an emergency will be under the command of the lncident Commander ("1C"). The first arriving chief officer, regardless of jurisdiction, may assume command until relieved by a chief officer of the agency having jurisdictional responsibility. Every effort will be made to operate as a single attack force rather than separate agencies with the intent to limit any unnecessary command changes. lncident Commander. lf an lC requires additional resources to augment the emergency response, he/she shall order them through the jurisdictional agency dispatch center of the agency having jurisdictional responsibility. There shall be one ordering point for any incident, and this will be determined by the agency which has jurisdictional authority for the incident. Early Release of Resources. Both parties agree to release the other agency's resources as quickly as operationally feasible to limit commit times. lncident Command System. The lncident Command System ("lCS") shall be used on every incident. Availabilit)r of Equipment. Neither party to this Agreement is obligated to furnish any services to the Requesting Party if, in the sole discretion of the Fire Chief or his/her designee, the apparatus, equipment, personnel, or any combination thereof, is not available. Mutual Training. The parties shall conduct mutual trainings to ensure employees are familiar with protocols and equipment utilized by the other. Common Radio Communications. The parties shall work cooperatively to develop and maintain common radio communications protocols to ensure adequate communications exist while jointly responding to emergency incidents. ln addition, work cooperatively and actively to deploy dispatching methods and Automatic Vehicle Location (AVL) tracking capabilities to improve response times, reduce unnecessary delays, and provide for accountability. Specifically, both agencies will support the a) b) c) d) e) s) h) Computer Aided Dispatch (CAD) interagency interface (CAD to CAD) system in conjunction with live AVL data exchange to ensure the closest units are recommended and utilized without unnecessary delays and develop specific operating procedures that ensure dispatching accuracy. j) Notifications. When advised of an emergency incident within the other's jurisdiction, each party shall make immediate notification of the incident to the jurisdictional agency. k) Protective Equipment. Each party shall ensure that all personnel respond in and use proper Personal Protective Equipment as specified by the policies of the respective parties. l) Aoreement Evaluation. The parties to this agreement shall meet to evaluate the effectiveness of the agreement. The first performance period will be during the month of January 2015. Subsequent agreement evaluation meetings will be conducted annually, at a minimum in January of each year. lt is agreed that if one of the parties desires to meet prior to the next annual meeting such a meeting will be scheduled at a mutually convenient date/time for all parties. Areas of evaluation to include, but are not limited to; aid provided, number of unit responses, first arriving unit response time, effective firefighting force time, and cardiac arrest survivability with an emphasis on what changes, if any, need to be made to ensure the delivery of fire suppression and emergency services by responding with the closest units when necessary to protect life and property has been maximized and that the agreement is beneficial to both the District and the City. SECTION 4.PRIVILEGES AND IMMUNITIES. The provisions of this Agreement are intended to comply with the provisions of Article 2, Chapter 2, Part 1, Division 12, of the Health and Safety Code of the State of California, and Article 2, Chapter 4, Pari 2, Division 2, Title 5, of the Government Code of the State of California, providing for privileges and immunities from liabilities, exemption from losses, and rules applicable to personnel furnishing fire protection outside the jurisdiction of the Responding Party and within the jurisdiction of the Requesting Party. SECTION 5.MUTUAL INDEMNIFICATION. The City shall indemnify, hold harmless and defend the District and each of its officers, officials, employees, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the District, City or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by the City of governmental immunities including California Government Code section 810 et seq. The District shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City, the District, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of the District 5 or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by the District of governmental immunities including California Government Code section 810 et seq. ln the event of concurrent negligence on the part of City or any of its officers, officials, employees, agents or volunteers, and the District or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall þe apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. This section shall survive termination or expiration of this Agreement. SECTION 6.AGENCY. It is the intent of the parties hereto, and part of the consideration supporting this Agreement, that each party shall bear all risks and obligations for its own personnel (including, but not limited to, State and Federal Training Mandates as required for California firefighters, pension, relief, disability, worker's compensation, and other benefits) as well as injury or damage to third parties that may arise while responding to the requesting pady's incident in the same manner and to the same extent as if occurring within Responding Party's jurisdiction, subject only to Section 3 herein. SECTION 7.THIRD PARTIES. This Agreement shall not be construed as or deemed an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. SECTION 8.ASSIGNMENT. This Agreement shall be binding on the successors and assignees of the parties hereto, except that no party shall assign this Agreement without the prior written consent of the other party. SECTION 9.ADMINISTRATION OF AGREEMENT. This Agreement shall be administered through the mutual agreement of the parties acting by and through their respective Fire Chiefs or designees. lf either party plans to make changes to response plans, levels of service, or aspects that may be adverse to the other party, both parties agree to meet in advance of such change(s) to resolve the impacts prior to implementation. SECTION 10.TERM AND TERMINATION OF AGREEMENT. This Agreement may be terminated by either party as to its rights and obligations under this Agreement upon sixty (60) days prior written notice to the other party. ut lil H/ 6 SECTION 1I.AGREEMENT. This document (including the attached Exhibit A and B) sets forth specific details for agreement of the parties with respect to automatic aid in the areas identified only. This agreement does not supersede any prior discussions, negotiations, understandings, or agreements of the parties relating to automatic aid or service agreements for other specified areas, specifically the agreement and area known as the "88 Agreement Area." No alteration or variation of this Agreement shall be valid or binding unless contained in an amendment in accordance with Section 10. CITY OF FRESNO FRESNO COUNTY FIRE PROTECTION DISTRICT By:By: By:By: Bruce Rudd City Manager Date: Kerri Donis Fire Chief Date: APPROVED AS TO FORM: FRESNO CITY ATTORNEY Michael Del Puppo Board President Date: Mark A. Johnson Fire Chief Date: APPROVED AS TO FORM: DISTRICT LEGAL COUNSEL William D. Ross District Counsel Date: By Date: tt/"// - ATTEST: FRESNO CITY CLERK By: Deputy Date: Attachment: ExhibitA-Map Exhibit B - Response Matrix andon M.'Collet Fresno Draft Auto Aid Area 1 in = 2.5 miles 0 1.5 3 -r Miles sf,l rl;l.g=iiËãiÈffill*ri*-*EIËEtrEÉTI Legend Fresno Draft Auto Aid Area 4 CIovis Auto Aid Area Fresno # Station 88 Agreement Area Clovis # City Limits Disclaimer: While every effort has been made to ensure the accuracy of the map, the map producer is not responsible for any errors or ommisions. Maps are for graphical purposes only. Map Date: March 21 ,2014 1234 *T10 should be the sent if ava¡l and ¡n the area of FYI Problem Nature Discription Response Priority CAD Gode Incident ïype FFD/NC Metro FCFPD Aid-MutualAid MutualAid 6543 BC Approval tsC Approval 51C2 124 2ARF,1 E 51C1 125 2 ARF,2E,1T*, BC,I 51D't 128 2 ARF,5E,2T*,BC,I 51 D1 128 3 ARF,5E,2T.,BC,l 2E, 1WT, 1BC 80 135 5E,2T, BC, I 2E, 1WT, 1BC 81 135 5E,2T, BC, I 2E, 1WT, 1BC Alarm-CO Alarm (No Pts)Special Duty 86 Pts)No FFD Response 1E 52C3 Alarm-Commercial 1E or 1T 1E Alarm-Com mercial with Reset Special Duty 52C3R with Reset 1E or 1T 1E 5281 Alarm-Residential 1E or 1T 1E Alarm-Residential with Reset SpecialDuty 5281 R Reset 1E or 1T 1E Alarm-Tamper Alarm SpecialDuty 52857 Alarm-Tamper Alarm 1E or 1T 1E Alarm-Testing No Fire Response 25 No Fire Response N/A 0 Alarm-Trouble Alarm NO Frre Kesponse 87 Alarm-Trouble Alarm No FFD Response 0 Citizen Assist-Animal Problem ln Service Detail 5343 Problem 1E or 1T 1E Citizen Assist-Bees SpecialDuty 53438 Citizen Assist-Bees 1E or 1T 1E Citizen Assist-Other SpecialDuty 5342 itizen Assist-Other 1E or 1T 1E 5381 r Veh-S 1E or 1T 1E Special Duty (Winter)5381 r Veh-W ]tr Or 1t 1E 5581 Structure (1E) or (1T,1E)4E,2WT, 1BC Electrical-Arcinçi Power Lines Special Duty 5541 Power Lines 'lE or 1T 1E Hazards SpecialDuty 55C2 w Haz 1E or 1T 1E 55B2 lown (1E) or (1T,1E)1E 69D4 :ire-Apartment 5E,2T, 1BC 4E,2WT, 1BC 69D3 :ire-Commercial sE,2T, 1BC 4E,2WT, 1BC 69D8 :ire-Out Bldg Fire 2E,1T,1BC 4E,2WT, 1BC 67D3 :ire-Outside (1E) or (1T,1E)1E 69C1 iContained)(1E) or (1T,1E)1E 69D5 =ire-Residential 3E,1T,1Eor1T,1BC 4E,2WT, 1BC 67D1 Large)2E,'.lBC 2E WILDLAND FIRE MUTUAL AID AGREEMENT Between CITY OF FRESNO And CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION FRESNO-KINGS UNIT INTRODUCTION: This Wildland Fire Mutual Aid Agreement is intended to establish a wildland fire response plan for areas within City of Fresno and California Department of Forestry and Fire Protection ("CAL FIRE") jurisdictions. Both jurisdictions have areas that are heavily vegetated with a substantial intermix of residential structures and are considered a wildland urban interJace fire threat. These areas will be shown on a master map on file at the Fresno-Kings Unit ("FKU") Headquarters, as illustrated in Appendix A of this Agreement. Non-wildland fire mutual aid requests are not a part of this Agreement. PURPOSE: The parties recognize that a substantial wildland fire in either jurisdiction would cause the response of, and an impact to, both parties regardless of jurisdictional authority or responsibility. Without this Agreement, the response of these agencies would otherwise be delayed and less coordinated. This Agreement describes the types of resources each of the parties will dispatch, as available, to effect perimeter control and protect threatened life and structures. Whereas: 1. The City of Fresno maintains and operates a fire protection organization within its City Limits; 2. CAL FIRE maintains and operates a fire protection organization for the purposes of providing basic wildland fire protection to State Responsibility Area (SRA) lands which are adjacent or proximate to the area protected by the City of Fresno; 3. lt is the desire of the parties to render aid to each other to combat the effect of fire when such aid is necessary, as herein set forth; and 4. The parties desire to effect the purpose of this agreement pursuant to the provisions of the "Joint Exercise of Power Act" (Government Code Sections 6500-6547) and Health and Safety Code Section 13050. Now Therefore, the parties hereto mutually agree as follows: 1. To furnish fire protection personnel, equipment, materials and supplies, as described in Appendix B, and to render such fire protection services to each other as may be necessary to suppress wildland fires. 2. Such mutual aid shall be provided within the limits of the County of Fresno and as shown on the maps contained in Appendix A; provided however, that neither party hereto shall be required to reduce its own fire protection resources, personnel, services and facilities to the detriment of its normal fire protection capability. 3. No response to mutual aid requests provided for in this agreement will be made by the parties hereto unless such request is made and received through the established communication channels common to each party by a responsible fire official of the party requesting such aid. Responding mutual aid resources shall be capable of communication on a minimum of the listed radio frequencies shown in Appendix C. 4. Any mutual aid extended under this agreement will be extended with the express understanding that the fire official in charge, in whose jurisdiction an incident is occurring, shall remain in charge at such incident, including the direction of personnel and equipment provided through the operation of this mutual aid agreement. 5. That any mutual aid resources extended under this agreement will be provided fuel, oil, drinking water and food by the jurisdiction the incident is occurring within, as they would provide to their own resources. 6. Except as may be provided by separate agreement between the parties hereto, the assurance of mutual aid set forth shall constitute the sole consideration for the performance herein provided. Neither party shall be obligated to reimburse the other for any action taken, or aid rendered hereunder, or for any use of material, damage to equipment, or incurred liability that may occur in the course of rendering the firefighting assistance herein contemplated. 7. Certain specialized types of fire protection resources may not be made available subject to the provisions of this Agreement, and such resources will be available only on a reimbursement basis. 8. This Agreement shall supersede any prior agreements and remain in full force and effect from the date signed by both parties unless amended or terminated by either party hereto giving thirly (30) days prior written notice of such early termination to the other party I The City shall indemnify, hold harmless and defend CAL-FIRE FKU and each of its officers, officials, employees, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, torl or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CAL-FIRE FKU, City or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by the City of governmental immunities including California Government Code section 810 et seq. CAL-FIRE FKU shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City, CAL-FIRE FKU, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of CAL-FIRE FKU or any of its officers, officials, employees, agents or volunteers in the per-formance of this Agreement; provided nothing herein shall constitute a waiver by CAL-FIRE FKU of governmental immunities including California Government Code section B1 0 et seq. ln the event of concurrent negligence on the part of City or any of its officers, officials, employees, agents or volunteers, and CAL-FIRE FKU or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. This section shall survive termination or expiration of this Agreement. ilt Ht Ht Ht ut ilt ut Ht lN WITNESS WHEREOF, the parties hereto cause this Agreement to be executed. APPROVED AS TO FORM:ATTEST: FRESNO CITY CLERK ByBy Dgputy City Attorney Date\ \ltb^ filo| aJ. Deputy Date: Printed Name and Title: Mailing Address: Kerri Donis. Fire Chief Fresno Fire Deoartment 911 H Street Fresno. California 93721 Phone Number:(559) 621-4199 California Department of Forestry and Fire Protection Fresno-Kings Unit BY Date Mark A. Johnson. lnterim Unit ChiefPrinted Name and Title: Mailing Address:CAL FIRE - Fresno-Kinos Unit 210 S. Academv Avenue Phone Number.(559) 493-4300 Attachments: Appendix A- Mutual Aid Agreement Response Area Exhibit 1- Map of Cal-Fire FKU areas Exhibit 2- Map of City of Fresno areas Appendix B- Mutual Aid Agreement Response Resources Appendix C- Radio Frequencies VHF Sanoer. California 93657 APPENDIX A Mutual Aid Agreement Response Area The City of Fresno agrees to respond mutual aid resources to any location within the CAL-FIRE FKU response areas D9, DgA, and D12, as shown on the attached Exhibit 1 map. The CAL FIRE FKU agrees to respond mutual aid resources to any location within the City of Fresno as shown on the attached Exhibit 2 map. APPENDIX B Mutual Aid Agreement Response Resources The City of Fresno will furnish to CAL FIRE FKU: I - Type I Engine with at least three (3) personnel I - Type Vl Engine with at least three (3) personnel 1 - Type I Water Tender with at least one (1) personnel I - Type I Aircraft Crash Rescue or 1 Type I Engine with AFFF Foam and proportioning capabilities with at least three (3) personnel I - Battalion Chief CAL FIRE FKU will furnish to the City of Fresno: 3 - Type lll Engines with at least three (3) personnel each 1 - CAL FIRE Type ll Dozer with one (1) personnel 1 - Battalion Chief 1 - Division Chief t Only provided if an incident and the establishment of a Helibase falls within the agreement area. ARFF vehicle and ARFF trained personnel to be utilized based on availability. APPENDIX C Radio Frequencies VHF l*, CAL FIRE / Fresno Countv Fire Frequencies RX FREQ RX CTCSS TX FREQ TX CTCSS PWR W/N DISPLAY 154.4450 't3'1.8 1 59.'1 950 H N DISTRICT 1 '153.8900 131.8 159.0600 H N DISTRICT 2 158.7450 131.8 158.7450 131.8 H N DISTRICT 3 151.3850 131.8 159.2700 H N LOCAL 1 151.1600 131.8 159.3600 H N LOCAL 2 151.3250 192.8 151.3250 192.8 L N CDF TAC 6 151.3400 192.8 151.3400 192.8 L N CDF TAC 7 151 3700 192 8 151 3700 192 8 L N CDF TAC 8 151.2204 151.2200 L N CDF AIR-GROUND 151.3550 103.5 '159.3000 H N CDF CMND 1 151.2650 103.5 '159.3300 H N CDF CMND 2 '151.3400 103.5 '159.3450 H N CDF CMND 3 Citv of Fresno Frec uencres 154 1900 100 0 159 7350 100 0 H N FRN METRO 1 53 6200 100,0 159 7350 100 0 H N FRN RURAL 154.3700 173.8 153.9500 173.8 H N FRN FIRE 1 159.7950 100.0 154.4300 100.0 H N FRN FIRE 2 153.8450 173.8 1s4.2050 173.8 H N FRN FIRE 3 154.3100 173.8 154.3100 173.8 H N FRN TAC 1 '154 8300 173.8 154.8300 173.8 H N FRN TAC 2 EXIIIBIT 1 Legend Response Areas a# County Boundary city Limits Ú Lakes Map Date: March 6,2014 ## Map of the C¡ty of Fresno Borders (Exh¡b¡t 2) o''n=1u'""', -+, -Mrles À - - m Highways Major Roads Local Roads Legend q?# Rivers Fresno City COUnty BOUndafy Map Date: March 6,20i4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-475 Agenda Date:10/23/2014 Agenda #:1-I REPORT TO THE CITY COUNCIL October 23, 2014 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT RESOLUTION - Authorizing the Director of Aviation or other authorized representative to: execute all implicated documentation for pre-application and application to the Federal Aviation Administration (FAA) for Airport Improvement Program (AIP) grants for federal fiscal years 2015 and 2016 for both Fresno Yosemite International Airport (FAT) and Fresno Chandler Executive Airport (FCH) as shown in the City's fiscal year (FY) 2015 budget capital improvement plan; accept FAA AIP grant(s) for FY 2015 and FY 2016 projects at both airports including all subsequent amendments thereto offered by the FAA; and apply for and accept grants and all subsequent amendments thereto offered by the California Department of Transportation Aeronautics Division for matching funds for FY 2015 and 2016 FAA-approved projects at the Fresno Chandler Executive Airport RECOMMENDATION Approve the attached biennial Resolution authorizing the Director of Aviation or other authorized representative to execute all implicated documentation for grants and amendments thereto for both Fresno Airports,from either the FAA or the California Division of Aeronautics,for FY2015 and FY2016 projects in the City’s approved FY2015 budget. EXECUTIVE SUMMARY The requested Resolution will allow pre-application,application,acceptance of grants and amendments,and execution of all related documents by the Director of Aviation or other authorized representative of the City for grants which may be offered by the FAA and the California Department of Transportation Division of Aeronautics (State)to both Fresno airports. The FAA is expected to offer 90%funding for Federal Fiscal Years (FFY)2015 and 2016.The State offers grants only to FCH,which are 5%of the federal funding amount of eligible project cost.The approved Resolution must be submitted each year with the application documents. The projects identified for this next two year cycle support the Department’s ongoing obligation to keep both airports safe and viable, and will generate an estimated 512 construction-related jobs. The following required actions are permitted by the Resolution:(i)submit to the FAA and the City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-475 Agenda Date:10/23/2014 Agenda #:1-I The following required actions are permitted by the Resolution:(i)submit to the FAA and the State a required five-year Airport Capital Improvement Plan (ACIP),FAA grant Pre-Applications, and Applications for FFY 2015 and 2016 grants for both airports,(ii)accept FFY 2015 and FFY 2016 FAA grants and amendments for improvements at both airports,and (iii)apply for and accept grants and amendments as may be offered from the State (used for matching funds on FFY 2015 and FFY 2016 approved projects at FCH only). BACKGROUND Each FFY,the Department receives entitlement and discretionary grants from the FAA for a portion of eligible capital project costs at both Fresno airports based upon:(i)the number of passengers enplaned at FAT,(ii)the pounds of air cargo transported to FAT,(iii)the status of FCH as a “reliever”airport,and (iv)the priority of eligible projects within the FAA Western Pacific Region.The FAA is expected to offer 90 percent (90%)funding for FFY 2015 and 2016. Additional FAA discretionary grants may be received based upon applications made,federal priorities within the five-year ACIP,and the availability of funding.The Department will provide the required matching funds from local Measure C revenues (as they are received during the year)and Airport revenues.For FCH,additional matching funds may come from the State (5 percent of eligible federal funded project cost). The five-year ACIP is the FAA’s planning document to program future AIP grant funding,and is re -submitted each year for the next five years;thus refining the five-year look ahead each year. Securing FAA AIP grants includes a year-in-advance application process for projects included in the five-year ACIP,which is the reason this Resolution permitting grant related activities must be available in advance.FFY 2015 and FFY 2016 grant processing will occur under this new Resolution.FFY 2014 grant processing was accomplished using the previous Resolution 2012- 147,valid for FFY 2013 and 2014.The attached updated biennial Airports Grants Resolution gives the Director of Aviation or another authorized representative the authority to comply with the FAA required application processes for FFY 2015 and 2016,the five-year FAA planning process (ACIP submittal),and the grant acceptance process for FFY 2015 and 2016 grants that may be offered to both airports.The same authorities are given for the State grants to the FCH airport.The attached Resolution has been approved as to form by the City Attorney’s Office.All required local match funding will be provided from Local Measure C revenues (as they are received during the year) and Airport revenues. The projects associated with this Resolution have been identified in the City’s approved FY 2015 budget and are comprised of the following: Fiscal Year 2015 Federal Share FCH Demo/Clear 1333 W Whitesbridge Property $54,000 FYI Rehabilitate Taxiway C - Design $990,000 FYI Commercial West Ramp -- Construction $4,500,000 FCH Update Airport Land Use Plans $54,000 FCH Rehabilitate Taxilane - Construction Phase 1 $225,000 Fiscal Year 2016 Federal Share FYI Part 150 Noise Mitigation Program $1,000,000 FYI Rehabilitate Taxiway C -- Construction $10,710,000 FYI Rehabilitate Twy B3 / B4 / C4 / B7 -- Design $450,000 FCH Rehabilitate Taxilane - Construction Phase 2 $180,000 City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-475 Agenda Date:10/23/2014 Agenda #:1-I Fiscal Year 2015 Federal ShareFCH Demo/Clear 1333 W Whitesbridge Property $54,000FYI Rehabilitate Taxiway C - Design $990,000FYI Commercial West Ramp -- Construction $4,500,000 FCH Update Airport Land Use Plans $54,000 FCH Rehabilitate Taxilane - Construction Phase 1 $225,000 Fiscal Year 2016 Federal Share FYI Part 150 Noise Mitigation Program $1,000,000 FYI Rehabilitate Taxiway C -- Construction $10,710,000 FYI Rehabilitate Twy B3 / B4 / C4 / B7 -- Design $450,000 FCH Rehabilitate Taxilane - Construction Phase 2 $180,000 ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA pursuant to CEQA Guidelines, Section 15378. LOCAL PREFERENCE Local preference was not considered because the Resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no impact to the General Fund from this action.Approval of the Resolution will allow the Department to continue applying for and accepting grants from both the FAA and the California Division of Aeronautics for projects listed in the City’s approved FY2015 Budget,and using matching funding provided by local Measure C and Airport Revenues. Attachment:Resolution - Airports Grants FFY2015 and FFY 2016 City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-480 Agenda Date:10/23/2014 Agenda #:1-J REPORT TO THE CITY COUNCIL October 23, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division BY:LITO G. BUCU, Supervising Engineering Technician Department of Public Utilities - Water Division SUBJECT Actions pertaining to the acquisition of 1488 N. Weber Avenue (Council District 3) 1.Adopt finding of Categorical Exemption,pursuant to CEQA Guidelines Sections 15301 (Existing Facilities)and 15332 (In-fill Development projects)for expansion of existing City well lot at 1488 N. Weber Avenue 2.Approve the fee simple acquisition of 1488 N.Weber Avenue for $90,000 from Sellers:Karen L Wong,Trudy E.Marean,Sheila Chan,and Marlene R.Alvarado for the expansion of existing City well lot RECOMMENDATIONS Staff recommends that the City Council: 3.Adopt a finding that the proposed project herein is categorically exempt from the preparation of environmental documents pursuant to Article 19 of the CEQA Guidelines Sections 15301 (Existing Facilities)and 15332 (In-fill Development projects)for expansion of an existing City well lot. 4.Approve the fee simple acquisition of one parcel (See Exhibit A),for the expansion of an existing City well lot at 1488 North Webber Avenue from property owners Karen L Wong,Trudy E. Marean,Sheila Chan and Marlene R.Alvarado (APN 450-073-09,see Exhibit B)for the amount City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-480 Agenda Date:10/23/2014 Agenda #:1-J Marean,Sheila Chan and Marlene R.Alvarado (APN 450-073-09,see Exhibit B)for the amount of $90,000. 5.Authorize the Public Works Director, or his designee, to sign all documents on behalf of the City. EXECUTIVE SUMMARY The Water Division maintains a network of some 275 plus municipal water supply wells that provides 88%of the City’s potable water.Some of these wells are located in very small lots thereby making them very difficult to access,maintain and operate.The proposed property acquisition will expand one of those well lots for better access and provide sufficient room for maintenance.The additional space will also allow drilling of a new well in the future when the existing well is no longer productive and needs to be replaced. BACKGROUND The subject parcel was identified as a suitable well site due to its size and proximity to an existing City well site known as Pump Station 54 (PS 54).Staff has negotiated with the property owners to purchase the subject parcel for the amount of $90,000,which is based on appraised values. Owners of the parcel have agreed to the amount of compensation offered by the City and signed the Agreement for purchase and sale and the Grant Deed.With Council approval,payment will be made to the owners and the Grant Deed will be recorded. The acquisition of this parcel will expand PS 54 parcel from approximately 670 to 16,000 square feet in area.The expansion will allow Water Division staff to perform required maintenance in a safer and more efficient manner.The additional space will also provide enough room for the drilling of a new well in the future when the existing well becomes unproductive and needs to be taken out of service. A Phase 1 Environmental Site Assessment was completed and no environmental hazards were found at this location.To confirm that no hazardous contamination is present at the site,which previous was a gasoline service station, a Phase 2 Soils Investigation was also performed. The documents signed by the property owners have been approved as to form by the City Attorney’s Office. Following acquisition of the property,the perimeter fence will be reconfigured to secure the expanded site. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemptions as set forth in California Environmental Quality Act (CEQA) guidelines sections 15301 (Existing Facilities)and 15332 (In-fill Development Projects)for expansion of PS 54 well site and drilling of a replacement water well in the future. LOCAL PREFERENCE Local preference was not considered because this action does not involve a bid or award of a City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-480 Agenda Date:10/23/2014 Agenda #:1-J construction or services contract. FISCAL IMPACT The project,which is located in District 3,will not have any impact to the General Fund.Funds for the site acquisition are included in Water Division’s FY 2015 Capital Improvement Program budget within the Water Enterprise Fund (40101). Attachments:Exhibit A: Vicinity Map Exhibit B: Assessor’s Parcel Map City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-484 Agenda Date:10/23/2014 Agenda #:1-K APPOINTMENT October 23, 2014 SUBJECT Approve the appointment of Jorge Aguilar to the Fresno Housing Authority and the re-appointment of Philip Decker to the Bicycle and Pedestrian Advisory Committee City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ /D+Þ rLt -It+ 1o/z:Jr'+ R I Cf IVED ¿tlt "ÍtT 3 f,í'l ? r7. Mevon AsHrnv SwnennNGIN CITY CLERÞ{, FRESNO CA NOTIF'ICATION OF' APPOINTMENT BY MAYOR TO BOARD OR COMMISSION TO: THROUGH: BY: Name: Address: Home Phone: Business Phone: Appointed to: Term: City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: Pamela Kallsen Jorge Aguilar UC MercedÆresno Unified School District 550 East Shaw Avenue, Suite 105 - Fresno California 93710 Fresno Housing Authority Through 0413012017 City Council Agendø I 0/2 3/20 I 4 Crrv oF FRESNo Kelli Furtado From: Sent: To: Subject: Webmaster Monday, September 29,201410:02 AM Clerk APPUCATION FOR APPOINTMENT TO BOARD OR COMMISSION Name: Jorge Aguilar Home Phone: ' Work Phone: HomeAddress:, lA Zip:93619'Work Address: L :resno, CA Zip:93710 E-Mail Address: axs4all@gmail.com Council District: Not Sure Occupation/Employer: UC Merced Years: 15 Months: 2 Educational Background, Schools Attended, Degrees and Certifi cations : Parlier HS School - High School Diploma University of California, Berkeley - BA Loyola Law School - JI) Professional and Community Affiliations : -San Joaquin Valley Chicano Latino Youth Leadership Project -Chicano Latino Youth Leadership Project -Fresno Unified E-Mentoring Program -Fresno STRM For what Board or Commission are you applying? -Fresno Housing Authority Briefly explain why you are interested in serving on this Board(s) or Commission(s): -I am interested in seeing how to further strengthen the relationship between Fresno Unified School District and the Fresno Housing Authority. Specifically, I am interested in leveraging information about students and families served by the Fresno Housing Authority so that their academic and social- emotional needs are better met. 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 Provide 3 Personal and Professional References. Provide name, address, and phone number where thew mar¡ be reached during the day. Tracewell Hanrahan Vincent Harris Miguel Arias ,{" " e't, !'v ¡ fIC Merced - Fresno tlnified School District Partnership 1n2009, UC Merced and Fresno Unified School District (FUSD) established a groundbreaking body of work focused on equity and access for all students. The mission is to ensure students are given an equal opportunity to graduate from high school and have the greatest number of postsecondary choices from the widest array of options. To more rapidly advance this unique parhrership - as well as to support excel- lence in research, public service and teaching - Associate Vice Chancellor Jorge Aguilar was granted a leave of absence from UC Merced to work at Fresno Unified School District. Fresno Unified School District is the fourth-largest district in California, with more than 73,000 students. With Aguilar serving as associate superintendent for equity and access and special assistant to FUSD Superintendent Michael Hanson, both UC Merced and FUSD are seeing encouraging outcomes from this partnership. Equity and access are the backbone of the partnership between Fresno Unif,red and UC Merced. When implemented, this focus on equity und a""".s is envisioned to result in new protocols that ensure students are given an equal opporlunity to graduate and have the greatest number of postsecondary choices. These protocols are envisioned to have an impact on students' academic and social- emotional well-being - and, by extension, the well-being of the community. UC Merced's unique partnership with Fresno Unifred School District is expected to continue yielding immediate benefits to students as well as important lessons learned that will guide the future work of both UC Merced and FUSD in this area. ASSOCIATE VICE CHANCELLOR'S MESSAGE I Jorge Aguitar founding chancellor carol romlinson-Keasey approved the establishment the Center for Educational Partnerships in 2002,we had a vision, but no nding to make it a reality. In fact, we operated one academic partnership program with a staff of seven. There were scarcely enough resources to realize the goal intrinsic to our vision: creating equal opportunities for all students to graduate from secondary schools with the greatest number of postsecondary choices from the widest array of options. Today, with 41 staff members and investments from state, federal and private sources exceeding $15 million, we are closer than ever to seeing that vision become a reality - a vision based on our steadfast commitment to advance equity and access for educationally disadvaniagedstudents and families across the San Joaquin Valley. We know that state and federal accountability standards do not incentivize schools to focus on higher education-related matters. Therefore, over the past 10 years, we have remained committed to pursuing and learning the best ways to collaborate with school districts across the San Joaquin Valley. In that period, we have been forhrnate to identify partner school districts willing to adopt and focus on advancing our equity and access principles. Our collaboration with those school districts has provided clear evidence that public schools and institutions of higher education both benefit when partnerships are genuine. We have seen the benefits to students and entire families when we all focus on empowering educationally disadvantaged students and families. As the newest campus of the University of California system, UC Merced was built with the hope of designing and implementing a distinctive vision and culture as an institution of higher learning that San Joaquin Valley residents would call "our university." Our 41 staff members of the Center for Educational Partnerships are proud to call this campus "our university," and we stand ready to continue collaborating with school districts across our Valley. Our commitment to focus on equity and access for students and families is unquestionable, and we look forward to the next 10 years of perfecting the outcomes that are embodied in our vision! Rf CEIVED ¡ûi't rtT g Pn ? rc TO: THROUGH: BY: x Name: Address: Home Phone: Appointed to: Term: City Council Yvonne Spence, City Clerk Ashley Swearengin, Mayor Reappointment New Appointment Name of person replaced: Phitip Decker Bicycle and Pedestrian Advisory Committee Through 0913012017 City Council Agenda I 0/23/20 I 4 Crrv oF FRESNo CITY OLERÞ{, FRESN0 cMnyOR Asgruy SwnnRENGIN NOTIFICATION OF APPOINTMENT BY MAYOR TO BOARD OR COMMISSION City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-496 Agenda Date:10/23/2014 Agenda #:1-L APPOINTMENT October 23, 2014 SUBJECT Approve the appointment of Yvonne La Venture to the Bicycle and Pedestrian Advisory Committee City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ ftf CEIVED rrilt ttT iri Pn I iT CITY cLERil, FRESNo cOr,rvnn L. BalNns III Councilmember, District Three MEMORANDUM DATE: TO: FROM: October 23,2014 Steve Brandau, Council President & Members of the Fresno City Council oliver L. Baines lll, Member of the Fresno city council, District 3 THROUGH: Yvonne Spence, CMC, City Clerk suBJEcr: Notification of Appointment by councilmember Baines to Board or Commission _ Reappointment X New Appointment Name of Appointee: Appointed To: Term: Yvonne La Venture Bicycle and Pedestrian Advisory Committee At pleasure of Council Member OlBCommitteeAppointment-La Venture 10_23_14 City of Fresno City Hall .2600 Fresno Street . X'resno, California 93721-3600 (559) 621-8000 . FAX (559) 621-7893 . www.fresno.gov Ouvan L. BarNns III Councilmember, District Three October 14,2014 Yvonne La Venture Dear Mrs. La Venture, Congratulations. You have been selected as a member to the Bicycle and pedestrian Advisory Committee. Thank you for applying to the seat. Your formal appointment will be on the upcoming City Council meeting as a consent item. For meeting committee information, materials, meeting dates, and updates, please contact the staff rep in Public Works' Traffic and Engineering Services Division. Thank you for your servÍce to our community. Oliver L. Baines, lll Councilmember, District Three cc: Public Works Administration City of Fresno City lIall . 2600 Fresno Street . Fresno, California 93721-3600 (559) 621-8000. FAX (559) 621-7893 . www.fresno.gov City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-428 Agenda Date:10/23/2014 Agenda #:2A REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JERRY DYER, Chief of Police Police Department BY:SHARON J. SHAFFER, Deputy Chief Support & Special Services Division SUBJECT Authorize the Chief of Police to renew a multi-year agreement with Hubb Systems, LLC (Data911) in the aggregate amount of approximately $855,000, with the option to extend for two additional years, for maintenance of law enforcement mobile computing hardware and software systems RECOMMENDATION It is recommended that Council authorize the Chief of Police to renew an agreement,which has been reviewed and approved by the City Attorney’s Office,and provides for the ongoing maintenance and support of existing Hubb Systems,LLC (Data911)computing hardware and software systems for fiscal years 2015-2017.Council approval would also allow the Chief of Police to extend this agreement for two consecutive 12-month periods based on acceptable contract performance by Data911. EXECUTIVE SUMMARY Data911 has been under contract with the Fresno Police Department for the past 17 years providing mobile computing capabilities for our agency.Data911 utilizes proprietary software to provide a wide range of software applications that allow for efficient and effective delivery of police services. Data911 software systems include Computer Aided Dispatch,Mobile Report Entry System, Automated Vehicle Locator System,and Mobile Data Systems (MDS).This renewal would allow the Police Department to continue utilizing this integral technology provided only by Data911. The Data911 software system is instrumental in the collection of Crime View data which is used to direct resources and responses to crime throughout the City.Data911 will also be instrumental in relaying information to the Real Time Crime Center,which is designed to improve the department’s response to emergency situations. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-428 Agenda Date:10/23/2014 Agenda #:2A Council approval would authorize the Chief of Police to enter into a contract with Data911 for fiscal years 2015-2017.Once approved,the contract would be retroactive from July 1,2014,and end June 30,2017.After that,the Chief of Police and Data911 would have the option to renew for two consecutive 12-month periods on the same terms and conditions,except the annual fee will be subject to the mutual agreement of the parties. BACKGROUND The City and Data911 first entered into contract in December 1997 to purchase a Field Automation System (FAS)for the Fresno Police Department.The FAS system included integrated computer aided dispatch to allow the closest field unit to be dispatched to emergency calls for service;a mobile report writing platform to improve officer efficiency and move toward a paperless system;and an automated vehicle locator system that allows for a coordinated police response to emergency calls for service, while enhancing officer safety. Data911 software systems are also currently used in providing information to the Department’s Crime View Unit,providing the ability to track crime occurrences and emerging trends on a daily basis, allowing for effective deployment of police resources.In addition,the Department is currently establishing a Real Time Crime Center which will utilize systems including Data911 to provide officers immediate information when responding to emergency calls for service and potentially dangerous situations. In December 2003,City Council approved an agreement between the Police Department and Data911 to provide software upgrades and MDS extended warranty service as part of the FAS contract.The agreement ended in September 2009.A subsequent contract was approved by the City Council in November 2010. This agreement concluded on June 30, 2014. Annual Data911 maintenance and service costs have been reduced over time,in part due to lessened hardware needs.Under the City approved 2003 contract,annual payments over five years averaged $450,000 annually.The contract approved in November 2010 was reduced to approximately $268,000 per year. The current agreement would maintain the current service level with Data911 at an annual cost of $285,000 through June 31, 2017. ENVIRONMENTAL FINDINGS Not applicable. This is an agreement for software maintenance and service. LOCAL PREFERENCE Local preference was not given.Data911 is proprietary licensed software not provided by a local firm. FISCAL IMPACT The Police Department will utilize revenue in their existing operating budget designated for theCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-428 Agenda Date:10/23/2014 Agenda #:2A The Police Department will utilize revenue in their existing operating budget designated for the required contract.No additional General Fund Revenue is being requested for FY 2015 and contract costs under this multiyear agreement will similarly be included in the Police Department operating budgets for fiscal years 2016 and 2017. SJS/rev 10/1/14 Attachments: 01.0 - Agreement - D911 - SES and MDS Extended Warranty - 2014-09-05 02.0 - Consolidated Exhibits City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Page 1 of 17 Software Enhancement Services and MDS Extended Warranty Agreement This Software Enhancements Services and MDS Extended Warranty Agreement (“Agreement”) is made as of October 9, 2014, by and between the City of Fresno, a municipal corporation (hereinafter referred to as “City”), and Hubb Systems, LLC, a California limited liability company, dba Data911 (hereinafter referred to as “Contractor”). City and Contractor are hereinafter collectively referred to as the “Parties.” RECITALS WHEREAS, City and Contractor entered into a contract on or about December 17, 1997, for the purchase by City of a turnkey Field Automation System (“FAS”) for the Fresno Police Department (hereinafter referred to as the “project” or the “system”); and WHEREAS, the Eighth Amendment to FAS contract, dated December 2, 2003, required the Parties to enter into a software enhancements services and MDS extended warranty agreement (all foregoing amendments and the FAS contract collectively, hereinafter referred to as “FAS Contract”); and WHEREAS, as part of the Eighth Amendment to the FAS Contract, the Parties entered into a software enhancement services and MDS extended warranty agreement, which expired on September 2, 2009; and WHEREAS, in fulfilling the requirements of the FAS Contract, the Parties desire to enter into this Agreement setting forth the terms and conditions for the providing of software enhancement services (excluding support and upgrades to any third party software including, but not limited to, Microsoft and Oracle) and extension of the equipment warranty contained in the Eighth Amendment of the FAS Contract by Contractor to City. AGREEMENT NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree to as follows: 1. Term of Agreement and Time for Performance. This Agreement shall be effective retroactively from July 1, 2014 and shall continue in full force and effect through June 30, 2017, subject to earlier termination in accordance with Section 7 of this Agreement. City shall have the option to renew this Agreement for two consecutive 12-month periods. Each renewal period will be on the same terms and conditions set forth herein, except the annual compensation. Subject to the written mutual agreement as to the dollar amount for the respective renewal period in accordance with Section 6 below, City may exercise one or more of these renewal options by notifying Contractor at least 60 days prior to the end of the then current initial term or renewal period of its intent to renew the Agreement. Page 2 of 17 The services of Contractor, as described in this Agreement and the attached Exhibits, are to commence upon the date the Agreement is entered into (date first set forth above as the date the Parties made this Agreement) and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth within. 2. Software Enhancement Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide software identified in Exhibit A and those software enhancement and services described in Exhibit B, titled, “Software Enhancement Services Statement of Work.” (A) For the purposes of this Agreement, “software” shall mean any software products (including, without limitation, the Source Code) described, developed or provided under this Agreement and the software products to be provided as described in the Software and Mobile Data System Equipment List, attached hereto as Exhibit A. (B) For the purposes of this Agreement, “enhancement” shall mean any addition of functionality to a software program that did not previously exist. (C) For the Purpose of this Agreement, “upgrade” shall mean any software program that provides added enhancements, performance or stability improvements, and bug fixes over an earlier version. It is a routine for scheduled release(s) to be provided to all customers with maintenance or support contracts at no additional cost. 3. MDS Extended Warranty Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide full service maintenance and repair for hardware submitted under this Agreement and specified in the equipment list in Exhibit A, Schedule A, and will include all parts and labor subject to the conditions contained herein. Contractor shall provide such services as described in Exhibit C, titled, “MDS Extended Warranty Statement of Work.” 4. General Conditions for Services. (A) Contractor shall, at its sole cost and expense, provide tools and equipment which may be required for furnishing services pursuant to this Agreement. (B) Contractor services are for equipment and software enhancement services (excluding support and upgrades to any third party software including, but not limited to, Microsoft and Oracle) provided by Contractor. (C) Prior to Contractor’s access to any Fresno Police Department - Information Technology System including, without limitation, routers, switches, SANS, Servers, Workstations, or any computing device, for purposes of performing its obligations under this Agreement, Contractor Page 3 of 17 shall provide the City notice via e-mail. This notice shall be to Lieutenant Brogdon (mike.brogdon@fresno.gov), Conrad Nerdahl (conrad.nerdahl@fresno.gov) and Tom Harris (tom.harris@fresno.gov). Contractor shall not be responsible for the application software deployed on computers returned for service; however, Contractor will protect and support City’s obligation to any third party software licensors when so advised of any obligations City may have in this regard including, without limitation, execution of any confidentiality agreements required by such third party software licensors. (D) City shall be responsible for determining that all of its files are adequately duplicated for reloading on a current basis (“backed up” as used in the trade) in accordance with the highest and most up-to-date standards of the computer industry. (E) Custom hardware development and programming for City or special program modifications are not included under this Agreement, but may be requested and quoted for City’s consideration. Any additional services shall be subject to a prior written amendment to this Agreement in accordance with Section 6(D) herein. 5. Additional Conditions. (A) Deliverables Not Satisfied. Contractor shall provide City with all agreed upon deliverables covered by the FAS Contract and this Agreement, which have been fully paid for by the City. This includes all deliverables the City has paid for in full and has not yet received under the FAS Contract. City and Contractor shall agree upon a reasonable timeline for Contractor’s delivery of all additional conditions. Such deliverables include, but are not limited to, the following: (i) CAD/FSO Export Data Link – Priority Zero Calls and Messaging (as described in attached Exhibit D). Communication Link to FSO for CAD to CAD messaging. The obligation to fulfill this requisite will be contingent on the Fresno Sheriff’s Department willingness and availability to provide the necessary conduit between their CAD system and the Fresno PD CAD system. Further, Data911 proposes to develop an API interface for the CAD/FSO Export Data Link that the county can easily integrate with. An example could be a RESTful HTTP‐based WEB API interface. Stakeholders from Data911, Fresno PD and if available, Fresno Sheriff's Office will collaborate on the specification. Data911 will demonstrate in a simulated test environment that the API Interface will work as specified, provided FSO stakeholders are available to implement. When FSO stakeholders are available, Data911 will support the county's integration of the API interface in the production environment. (B) Deliverable Additions for Future. Page 4 of 17 (i) Annual Upgrades: Planned semi-annual upgrade in March and October. City choice to defer; (ii) HOH issues: anything exceeding 6 months, the contractor will provide continuous action on prioritized HOH tickets and will mutually agree with City on the prioritization. (iii) Display of RMS Name Alerts: (as described in attached Exhibit E) Currently, the Data911 system accommodates the tagging of a street address with an alert. Such that, when the address is run, the alert surfaces in MX and ECOMM as an alert to an officer to be aware of what ever conditions that are placed into the alert . The challenge is that the system does not allow for any alert to be placed on a name. As such, if an officer in patrol runs a name and there is perhaps an alert that this individual is known to possess firearms and make threats of suicide by cop etc. the officer has no way of knowing this. Given this, there is an inherent officer safety issue that needs to be resolved, so that an alert can be placed on an individual. When an officer in patrol runs that name, the alert shall surface on the MX side. Since this alert already exists on address locations there is a need to extend this to names. (iv) Application Compatibility: Need to ensure that the vendor released software will run on supported Microsoft based and City adopted operating system, hardware; as well as, ensure compatibility with other existing software in use. In response, Data911 assures that desktop and mobile software is designed to work on the standard Microsoft Windows Operating system client versions that are deployed on Desktop computers, laptops and workstations. The currently supported Microsoft client version is Windows 7, 32 and 64 bit. Data911 software is not supported on Windows RT, Windows Phone, Windows Embedded and Windows CE. Data911 will strive to maintain compatibility with other existing software in use but cannot guarantee compatibility. (v) Vendor Software Testing: ensure that the software delivered by Contractor undergoes adequate internal testing by Contractor to minimize any testing and resource labor needs on the part of the City. (vi) Customer Software Testing: Vendor shall allow City no less than 30 days to test newly implemented applications against the City's operational size to assure that Contractor's software will scale to the size and complexity of the City's use of technology without adverse performance impact by the Contractor’s software. (vii) Unit/Event - Historical Time-Based Snap-Shot feature: (as described in attached Exhibit F) Historically, in legacy systems there was a process that would create a snapshot "trash-print" every 15 minutes of Unit and Event activity. So that as requests were made as to what was going on at a specific time, it would be easy to say with a high degree of timeliness and accuracy what Page 5 of 17 Units were doing, and what type of call those units were on. Unfortunately, the current system requires that a data-miner must research every possible unit to determine what they were doing each day and at specific times. This becomes a very time consuming process. As such, the proposed and simplified solution is to recreate a snapshot every 15 minutes as to what Units and Events have occurred at specific dates and times. Then, make such snapshots easily searchable. i. The goal is to derive: 1. Who was on duty 2. What units were in-service 3. What units were on calls 4. What were the priority of those calls ii. The generation of a small text file is all that would be needed; exported with a date/time stamp along with a file name to include the respective information. (viii) Temporary Rights Modification – (as described in attached Exhibit G) Expiration Time-Out: need a process where an individual can be granted temporary elevated rights; but, where an expiration notification will be made to an established system admin can be set to remind the system admin of the expiration. The admin will then make a decision to extend or revert the rights to a previous level. It is not expected that Data911 will assume the programming challenge of detecting whether or not the user logs out after the expiration of their period of elevated rights or, if they have not logged out, force a log out. This process will need to be handled by Fresno staff. Fresno staff agrees that it will also need to exercise appropriate caution in providing elevated rights to users who might be able to modify other Staff Class privilege. (C) Source Code. For purposes of this Agreement, “Source Code” shall mean the source code for all software covered by the FAS Contract and this Agreement. (i) Contractor shall within 30 days of the date this Agreement is entered into (date first set forth above as the date the Parties made this Agreement) deliver the most complete and current version of the Source Code to City (“Initial Delivery”). The initial delivery will also include any third party controls in an installable and useable format; which, the Contractor has deemed necessary and properly licensed to rely on and add to the code to ensure proper operability. (ii) Contractor shall provide to customer a copy of all applicable development software needed to compile Source Code up to the level of the latest version provided and/or installed at the customers Page 6 of 17 location. The premise being that without provisions of having access to the development software, the source code cannot be deemed operational. (iii) Contractor shall provide proof or rights to utilize third party controls when Source Code is released. After the Initial Delivery, Contractor shall deliver a complete and current version of the Source Code for any software covered by the FAS Contract and this Agreement to City with each released build of any software immediately upon such release. The Source Code shall accompany the new software. Deliveries will include any third party controls which the Contractor has deemed necessary and properly licensed to rely on and add to the Source Code to ensure proper operability. Contractor warrants that Source Code delivery shall contain all code and components that would enable the City to compile the code to a working executable and install package. (iv) City shall have the right to permanently retain and use each current version of the Source Code delivered by Contractor. The City will use all reasonable precautions and take all necessary steps to prevent the software from being acquired by unauthorized persons and City will take appropriate action by instruction, agreement or otherwise, with any persons permitted access to the software so as to enable City to satisfy its obligation hereunder. (v) City shall have the right to permanently retain, use and compile all Source Codes delivered by Contractor. (vi) Contractor warrants that Contractor either (1) owns the software, including all trademark, copyright and other proprietary rights, or (2) is authorized to grant the rights to City to permanently retain, use and compile all Source Code delivered by Contractor. (vii) Contractor warrants that the software covered under the FAS Contract and this Agreement is free from trademark, copyright and patent infringements that may prevent the City from legally and permanently retaining, using and compiling all Source Codes delivered by Contractor to City. (viii) Contractor shall provide City with a “Site License,” of all Contractor software purchased by City for its sole use, which affords the City permanent, unlimited use of the software including, without limitation, an unlimited number of concurrent users of the software. (ix) Portions of this section pertaining to the City’s right to permanently retain, use and compile all Source Codes delivered by Contr actor shall survive expiration or termination of the FAS Contract and this Agreement. 6. Compensation. (A) Contractor’s sole compensation for satisfactory performance of all services and licensing required or rendered pursuant to this Agreement shall be as follows: Page 7 of 17 (i) a total fee not to exceed $285,000 for the period of July 1, 2014 through June 30, 2015; (ii) a total fee not to exceed $285,000 for the period of July 1, 2015 through June 30, 2016; (iii) a total fee not to exceed $285,000 for the period of July 1, 2016 through June 30, 2017; and (iv) a total fee not to exceed the dollar amount mutually agreed upon by the parties in writing prior to the end of the then current initial term or renewal period for any 12-month renewal period. Provided monies have been appropriated, the Chief of Police of the City of Fresno Police Department is authorized to negotiate and agree in writing upon the dollar amount for any 12-month renewal period hereunder on behalf of the City. The total fees above shall be paid on the basis of $297 per MDS unit listed in the respective fiscal year (ending June 30) Schedule A of Exhibit A, for all hardware maintenance services required or rendered pursuant to this Agreement and the balance for all software services and licensing. Contractor shall provide City each respective revised fiscal year Schedule A to Exhibit A at least 60 days prior to July 1 each year of this Agreement and any extension. Said list will be reviewed and adjusted accordingly based on either the retirements or acquisition of replacement MDS units. (B) The first payment shall be payable 10 days after City and Contractor’s entering into this Agreement (date first set forth above as the date the Parties made this Agreement), with each annual payment thereafter payable 30 days after July 1. All payments under this Agreement will be subject to City’s recei pt of an invoice. Contractor shall submit an invoice for services to City at address listed below: City of Fresno Police Department c/o Fiscal Affairs Bureau Post Office Box 1271 Fresno, CA 93715 (C) Any and all applicable tax payments associated with goods or services provided pursuant to this Agreement are not included in the fees and will be charged at the prevailing rate upon payment becoming due and contained within Contractor’s invoice. (D) The Parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modifications shall include an agreed upon adjustment in Contractors 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. Contractor shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Page 8 of 17 (E) Any failure by Contractor in providing services as required by this Agreement and its Exhibits will result in the City withholding payment(s) until such services or deliverables are received. (F) Fees hereunder do not include support, license renewals and upgrades to any third party software or hardware including, but not limited to, Microsoft and Oracle. Any additional services for support, license renewal or upgrade to third party software or hardware shall require an amendment to the Agreement in accordance with Section 6(D) above. 7. Termination, Remedies and Force Majeure. (A) This Agreement may be terminated by City without any liability of City or breach of contract, default, detrimental reliance or any other basis in law or equity upon the earlier of: (i) Contractor’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition for receiver commenced by a third party against Contractor; (ii) 30 calendar days prior written notice with or without cause by City to Contractor; (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) This Agreement may be terminated immediately by either party upon 30 calendar days prior written notice should the other party substantially fail to observe, fulfill or perform any obligation, covenant, term or condition in accordance with this Agreement. The party will have substantially failed to observe, fulfill or perform any obligation, covenant, term or condition of this Agreement, if such failure is not cured within such 30 calendar day’s prior written notice or substantial steps are not taken toward diligently accomplishing such correction and continuing such diligence to fully correct this material breach after the other party’s notification of same. (C) In the event this Agreement terminates pursuant to this Section 7, Contractor shall immediately reimburse City on a prorated basis (i.e., based upon 365 calendar days) for any previous payment made for services that were to be performed following the date of termination. In the event of Contractor’s material breach of the Agreement, City may terminate this Agreement and will not be obligated to pay Contractor’s invoice for the particular service which is the immediate subject of the breach. Contractor shall immediately reimburse City for any payment for such services prior to termination. This paragraph shall survive termination of this Agreement. (D) Upon any breach of this Agreement by Contractor, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. Page 9 of 17 (E) Contractor shall provide City with adequate written assurances of future performance, upon City’s request, in the event Contractor fails to comply with any terms or conditions of this Agreement. (F) Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of City in the contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Contractor shall notify the City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the City of the cessation of such occurrence. 8. Non Infringement Warranty and Indemnification. (A) Contractor warrants that the software and equipment are free from trademark, copyright and patent infringements. (B) Contractor shall indemnify, hold harmless and defend City, its officials, officers, agents, employees and volunteers from and against all losses, liabilities, judgments, costs, expenses, damages (including damages to the system), attorneys fees, and other costs, including all costs of defense, arising from all suits of law or action of every nature for or on account of the infringement of any patents, trademarks, or copyrights by reason of City’s use of any proprietary materials, equipment, software, or processes, support services, enhancements, or upgrades to any of same. (C) This Section shall survive termination or expiration of this Agreement. 9. Indemnification. Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and authorized volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or authorized volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, Page 10 of 17 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. 10. Insurance. (A) Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all insurance as required in Exhibit H 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) If at any time during the life of the Agreement or any extension, Contractor 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 Contractor 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 Contractor 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 Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. (D) Upon request of City, Contractor 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 of this Agreement. (E) If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and each of its officers, officials, employees, agents and authorized volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements Page 11 of 17 shall be on file with Contractor and City prior to the commencement of any services by the subcontractor. 11. Nondiscrimination. Contractor shall not employ discriminatory practices in the provisions 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. During the performance of this Agreement, Contractor agrees as follows: (A) Contractor will comply with all laws and regulations, as applicable providing that no person in the United States shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orien tation, 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) Contractor 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. Contractor shall take affirmative action to ensure that the applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of in non discrimination clause. (C) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, 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) Contractor 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 of workers’ representatives of Contractors commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12. Independent Contractor (A) In the furnishing of the services provided for herein, Contractor is acting solely as an independent contractor. Neither Contractor, nor any of its officers, Page 12 of 17 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 Contractor shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. (B) This Agreement does not evidence a partnership or joint venture between Contractor and City. Contractor shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Contractor shall bear its own costs and expenses in pursuant thereof. (C) Because of its status as an independent contractor, Contractor and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Contractor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Contractor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Contractor's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to City or to this Agreement. 13. Maintenance of Records. Records of Contractor pertaining to the services hereunder shall be kept in accordance with generally recognized accounting principles 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 the period of time required by law. In addition, all books, documents, papers, and records of Contractor pertaining to this Agreement shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This section shall survive expiration or termination of this Agreement. 14. Conflict of Interest and Non Solicitation. (A) Prior to City’s execution of this Agreement, Contractor shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit I. During the term of this Agreement, Contractor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Contractor in such statement. Page 13 of 17 (B) Contractor shall comply, and require any of its subcontractors to comply, with all applicable (i) professional canons and requirements g overning avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code 1090 et. seq., the California Political Reform Act (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, Contractor shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Contractor and the respective subcontractor(s) are in full compliance with all laws and regulations. Contractor shall take, and require any 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, Contractor shall immediately notify City of these facts in writing. (C) In performing the services to be provided hereunder, Contractor shall not employ or retain the services of any person while such person is either employed by the City or is a member of any City Council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (D) Contractor 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 Contractor, nor any of Contractor’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Agreement for the FAS Contract. Contactor and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Agreement or FAS Contract unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (F) If Contractor should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Contractor shall include the provisions of this Section 14 in each subcontract and require its subcontractors to comply therewith. (G) This Section 14 shall survive expiration or termination of this Agreement. 15. 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 dually given if delivered personally, transmitted by facsimile followed by a 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 part’s addressed 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 Page 14 of 17 above described shall be deemed sufficiently served or given at the time of the mailing thereof. 16. Binding. Subject to Section 17, 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, transferee, agents, servants, employees and representatives. 17. Assignment. This Agreement is personal to Contractor and there shall be no assignment by the Contractor of its rights or obligation under this Agreement without the prior written approval of the City. Any attempted assignment by Contractor, its successors or assigns, shall be null and void unless approved in writing by the City. 18. Compliance with Law. In providing the services required under this Agreement, Contractor 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. This section includes, but is not limited to, the Contractor's responsibility to comply with all requirements imposed by the California Department of Justice. These requirements include, but are not limited to, the requirement for Contractor and/or Contractor’s employees to enter into a Private Contractor Management Control Agreement. For Contractor’s reference, a copy of the Private Contractor Management Control Agreement is attached hereto as Exhibit J. 19. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 20. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of defiling of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 21. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 22. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision, or part thereof, shall not affect the validity or invalidity of any other provision. Page 15 of 17 23. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. 24. Attorneys fees. If either parties required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys fees and legal expenses. 25. Exhibits. Each exhibit, schedule and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 26. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit, schedule 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, schedule or attachment. Furthermore, any terms or conditions contained within any exhibit, schedule 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. 27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. 28. Time of the Essence. Time is of the essence in this Agreement and failure to comply with this provision shall constitute a material breach of this Agreement. 29. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 30. Extent of Agreement. Each party acknowledges that they have read and fully understood the contents of this Agreement. This Agreement and the FAS Contract represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument dually authorized and executed by both City and Contractor. / / / / / / / / / Page 16 of 17 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. City of Fresno, a municipal corporation By: ____________________________ Jerry Dyer, Chief of Police ATTEST: Yvonne Spence City Clerk By: ____________________________ Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: ____________________________ Mary Anne B. Tooke Deputy Addresses: City: City of Fresno Attention: Conrad Nerdahl 2323 Mariposa Mall Fresno, CA 93721 Phone: (559) 621-2255 FAX: (559 457-1204 Hubb Systems, LLC, a California limited liability company, dba Data911 By: ____________________________ Name: _________________________ Title: __________________________ By: ____________________________ Name: _________________________ Title: __________________________ Contractor: Hubb Systems, LLC Attention: Mrs. Abigail Baker, CEO 2021 Challenger Drive Alameda, CA 94501 Phone: (510) 865-9100 FAX: (510) 865-9090 Attachments: 01.0 - Agreement - D911 - SES and MDS Extended Warranty - 2014-09-05.docx 02.0 - Exhibit A - Schedule A - FY15 MDS Maintenance - 2014-9-5.pdf 03.0 - Exhibit A - Software and MDS Equipment List - Schedule A - 2014-9-5.pdf 04.0 - Exhibit B - Software Enhancement Services - Statement of Work - 2014-9-5.pdf 05.0 - Exhibit C - MDS Extended Warranty - Statement of Work - 2014-9-5.pdf 06.0 - Exhibit C - Attachment A - Parts Price List – 2014-9-16.pdf 07.0 - Exhibit D - Spec - Communication Link Specification - 2014-9-5.pdf 08.0 - Exhibit E - Spec - Name Alert System - 2014-9-5.pdf 09.0 - Exhibit F - Spec - Historical Activity Time-Based Snapshot System - 2014-9-5.pdf Page 2 of 3 10.0 - Exhibit G - Spec - Rights Modification Notification System - 2014-9-5.pdf 11.0 - Exhibit H - Insurance Indemnification Requirements - 2014-9-5.pdf 11.1 - Exhibit H -Cert of Liability and Auto Insurance - 2014-9-5.pdf 12 0 - Exhibit I - Conflict of Interest Disclosure - 2014-9-2.pdf 13.0 - Exhibit J - CLETS - Private Contractor Management Control Agreement - 2014-9-5.pdf 13.1 - Exhibit J - Bill Stock Fresno CLETS Authorization Form - 2014-9-5.pdf 13.1 - Exhibit J - Charles Hodgkins Fresno CLETS Authorization Form - 2014-9-5.pdf 13.1 - Exhibit J - Fabrice Caporal Fresno CLETS Authorization Form - 2014-9-5.pdf 13.1 - Exhibit J - Jason Thomas Fresno CLETS Authorization Form - 2014-9-5.pdf 13.1 - Exhibit J - Jim Strehlow Fresno CLETS Authorization Form - 2014-9-5.pdf 13.1 - Exhibit J - Mike Geraghty Fresno CLETS Authorization Form - 2014-9-5.pdf 13.1 - Exhibit J - Roland Renton Fresno CLETS Authorization Form - 2014-9-5.pdf Schedule A MDS Unit Serial # Extended Warranty Cost Original Ship Date Current Warranty End Date Proposed Warranty End Date Unit Type 22391 297.00$ 05/15/06 06/30/14 06/30/15 Full M52 System 22512 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22513 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22514 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22515 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22516 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22517 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22518 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22519 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22520 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22521 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22522 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22523 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22524 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22525 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22526 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22527 297.00$ 05/26/06 06/30/14 06/30/15 Full M52 System 22554 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22555 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22556 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22557 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22558 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22559 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22560 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22561 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22562 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22563 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22564 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22565 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22566 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22567 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22568 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22569 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22570 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22571 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22572 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22573 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22574 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22575 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22576 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22577 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22578 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22579 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22580 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22581 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22582 297.00$ 05/31/06 06/30/14 06/30/15 Full M52 System 22583 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22606 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System Page 1 of 5 - FresnoPD_ScheduleA_2014B.xls Fresno Police Dept Schedule A as of 09.11.14 Schedule A MDS Unit Serial # Extended Warranty Cost Original Ship Date Current Warranty End Date Proposed Warranty End Date Unit Type 22607 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22608 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22609 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22610 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22611 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22612 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22613 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22614 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 22615 297.00$ 06/05/06 06/30/14 06/30/15 Full M52 System 24858 297.00$ 12/12/06 06/30/14 06/30/15 Full M52 System 25427 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25428 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25429 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25430 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25431 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25432 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25433 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25434 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25435 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25436 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25437 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25438 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25439 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25440 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25441 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25442 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25443 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25444 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25445 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25446 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25447 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25448 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25449 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25450 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25451 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25452 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25453 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25454 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25455 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25456 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25457 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25458 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25459 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25460 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25461 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25462 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25463 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25464 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System Page 2 of 5 - FresnoPD_ScheduleA_2014B.xls Fresno Police Dept Schedule A as of 09.11.14 Schedule A MDS Unit Serial # Extended Warranty Cost Original Ship Date Current Warranty End Date Proposed Warranty End Date Unit Type 25465 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25466 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25467 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25468 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25469 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25470 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25471 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25472 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25473 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25474 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25475 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25476 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25477 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25478 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25479 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25480 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25481 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25482 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25483 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25487 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25488 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 25489 297.00$ 02/27/07 06/30/14 06/30/15 Full M52 System 26924 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26925 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26926 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26927 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26928 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26929 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26930 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26931 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26932 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26933 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26934 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 26935 297.00$ 11/28/07 06/30/14 06/30/15 Full M6 System 27303 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27304 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27305 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27306 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27307 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27308 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27309 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27310 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27311 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27312 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27313 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27314 297.00$ 05/28/08 06/30/14 06/30/15 Full M6 System 27890 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27891 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System Page 3 of 5 - FresnoPD_ScheduleA_2014B.xls Fresno Police Dept Schedule A as of 09.11.14 Schedule A MDS Unit Serial # Extended Warranty Cost Original Ship Date Current Warranty End Date Proposed Warranty End Date Unit Type 27892 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27893 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27894 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27895 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27896 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27897 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27898 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27899 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27900 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 27901 297.00$ 12/28/07 06/30/14 06/30/15 Full M6 System 28109 297.00$ 02/21/08 06/30/14 06/30/15 Full M6 System 28110 297.00$ 02/21/08 06/30/14 06/30/15 Full M6 System 28111 297.00$ 02/21/08 06/30/14 06/30/15 Full M6 System 28112 297.00$ 02/21/08 06/30/14 06/30/15 Full M6 System 28113 297.00$ 02/21/08 06/30/14 06/30/15 Full M6 System 28114 297.00$ 02/21/08 06/30/14 06/30/15 Full M6 System 28176 297.00$ 02/13/08 06/30/14 06/30/15 Full M6 System 28177 297.00$ 02/13/08 06/30/14 06/30/15 Full M6 System 28178 297.00$ 02/13/08 06/30/14 06/30/15 Full M6 System 28179 297.00$ 02/13/08 06/30/14 06/30/15 Full M6 System 28180 297.00$ 02/13/08 06/30/14 06/30/15 Full M6 System 28181 297.00$ 02/13/08 06/30/14 06/30/15 Full M6 System 28300 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28301 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28302 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28303 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28304 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28305 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28306 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 28307 297.00$ 03/17/08 06/30/14 06/30/15 Full M6 System 29010 297.00$ 05/23/08 06/30/14 06/30/15 Full M6 System 29011 297.00$ 05/23/08 06/30/14 06/30/15 Full M6 System 30063 297.00$ 09/11/08 06/30/14 06/30/15 Full M6 System 30064 297.00$ 09/11/08 06/30/14 06/30/15 Full M6 System 30065 297.00$ 09/11/08 06/30/14 06/30/15 Full M6 System 30066 297.00$ 09/11/08 06/30/14 06/30/15 Full M6 System 01-1117 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1118 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1119 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1120 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1121 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1122 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1123 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1124 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1125 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1126 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1127 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1128 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System Page 4 of 5 - FresnoPD_ScheduleA_2014B.xls Fresno Police Dept Schedule A as of 09.11.14 Schedule A MDS Unit Serial # Extended Warranty Cost Original Ship Date Current Warranty End Date Proposed Warranty End Date Unit Type 01-1129 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1130 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1131 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1132 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1133 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1134 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1135 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1136 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 01-1137 297.00$ 10/21/08 06/30/14 06/30/15 Full M6 System 59,697.00$ NOTE: Highlighted CPUs are paired with Displays and Keyboards to make full systems Display SN: 02-0636 thru 02-0656 Keyboard SN: 03-2943 thru 03-2963 Total quoted cost to cover 248 full Data911 systems with the serial numbers listed above until the date as shown in 'Proposed Warranty End Date': Page 5 of 5 - FresnoPD_ScheduleA_2014B.xls Fresno Police Dept Schedule A as of 09.11.14 Page 1 of 2 EXHIBIT A SOFTWARE AND MOBILE DATA SYSTEM EQUIPMENT LIST Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno and Hubb Systems, LLC (“Data911”) 1. Software Covered SOFTWARE MODULES DESCRIPTIONS Item Description Licenses 01) CAD Client Computer Aided Dispatch System Site License 02) CAD Server CAD Software Server Program- processes queries for mobile units Site License 03) RMS Client Records Management System Site License 04) RMS Server RMS Software Server Program- processes queries for mobile units Site License 05) RPW Desktop Report Writing System Site License 06) ACR Arrest and Citation Register Site License 07) MX Client Mobile Communications Software Site License 08) MX Server Mobile Communications Software Server-handles communications between mobile units and other associated interfaces Site License 09) MSG Desktop Messaging Software Site License 10) MSG Server Messaging (Software) Server-handles messaging from desktop to mobiles and vice versa Site License 11) ECOMM External Communications Software Site License 12) ECOMM Server External Communications Software Server-handles ECOMM messages and routes to appropriate interfaces Site License 13) VMS Server Maintenance Maintenance of the related VMS Software Servers Site License 14) RX Server Mobile Report Writer Site License 15) AVL Desktop Automatic Vehicle Locator, Live Console Site License 16) AVL Mobile Automatic Vehicle Locator, Mobile Client Site License Page 2 of 2 17) AVL Playback Automatic Vehicle Locator, Playback Historical Console Site License 18) GEO Maintenance Common Place, Street, and Zone maintenance (sub component of CAD) Site License 19) Geocode Service Event GEO Coder (subcomponent of CAD and AVL) Site License 20) CAD Times Calculates Closed Event Response Times (subcomponent of CAD) Site License 21) CAD Backup Tracks last case and event for disaster recovery (sub component of CAD) Site License 22) Enterprise Manger Administrative tool to manage all Hub- Data911 software accounts Site License 2. MDS Hardware SEE SCHEDULE A (attached hereto and incorporated by reference herein) FOR EQUIPMENT LIST FOR THEN CURRENT FISCAL YEAR 09/03/14 – 06/30/15 FY15 07/01/15 – 06/30/16 ** FY16 07/01/16 – 06/30/17 ** FY17 07/01/17 – 06/30/18 */** FY18 07/01/18 – 06/30/19 */** FY19 *Optional years ** Actual Coverage may change as units are retired or acquired. Page 1 of 2 EXHIBIT B SOFTWARE ENHANCEMENT SERVICES STATEMENT OF WORK Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“Client”) and Hubb Systems, LLC (“Data911”) Data911 agrees to provide Client the services hereinafter described with respect to application software, in accordance with the fee schedule herein and the subject to the provisions set forth below. 1. For Data911 software products, Data911 will provide a fifteen minute response time during normal business hours (Monday to Friday, 0900 to 1700) and sixty minute response time during holidays and outside normal business hours (Monday to Sunday, 1700 to 0900) for emergency support request. An emergency is defined as an application failure of the software defined in Exhibit A to the Agreement. Response is defined as the point in time when the Contractor begins diagnosis of the reported problems. Client shall use the method of communication that is identified by Data911 for emergency service request. Modem online software technical support service shall be used when applicable. Data911 shall provide 24-hour response time for on-site software emergency service, when required. 2. Data911 will provide media for all new releases, modifications and enhancements to the software modules listed in Exhibit A to the Agreement, at no additional cost to the Client. 3. Data911 will provide telephone consultation regarding: (a) Questions related to public safety data practices and procedures; (b) System administration consultation and assistance; e.g. paper flow and retention; (c) Exceptions to Standard Procedures; (d) Modification of Client’s computer software or purchase of additional hardware. I. NON CHARGEABLE SERVICES In addition to the above releases or enhancements to the software, there shall be NO CHARGE for any new releases or enhancements to Data911 software as provided to all its Clients under enhancement and service agreements. Page 2 of 2 II. CHARGEABLE SERVICES Items listed below are not under Data911 control, and are therefore chargeable. Client will be billed at Data911 then current rate or a fixed charge to be agreed upon. Examples: (a) Recovery of lost data caused by hardware (other than MDS hardware) or operator error of the Client. (b) Assistance with word processing and/or other software, including operating system software not written by Data911. (c) Assistance due to user failure to follow prescribed procedures or exercise normal care in data processing. (d) Research, review, and revision of operational work. (e) Upgrade of Client hardware system (other than MDS hardware), new operating system and data conversion. (f) Retraining on modules already operational. (g) Additional copies of software documentation. (h) Installation of interfacing of additional hardware (other than MDS hardware). (i) Cabling. (j) Software changes mandated by local, county, state, or federal authorities. Data911 time is chargeable in 15 minute increments for chargeable services requested and completed during normal business hours. A minimum charge of one hour applies to all chargeable services requested and completed during non business hours. EXHIBIT C MDS EXTENDED WARRANTY STATEMENT OF WORK Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“Client”) and Hubb Systems, LLC (“Data911”) I. Services Services provided are limited to Data911 repair or replacement, at Data911 election, or any part of the component which prohibits the proper and normal operation of the Data911 Equipment specification in Schedule A of Exhibit A to the Agreement. Maintenance services include, but are not limited to, all parts and labor required to identify the failure and to repair the Equipment to guarantee proper working condition of the product return. No on-site contractor or representative will be included as part of these services. II. Return Material Authorization Procedure Upon determination that a hardware failure has occurred, Client will contact Data911 by telephone at (510) 865-9100 ext. 125 to obtain a Return Material Authorization (RMA) number. A qualified Data911 technician will provide initial telephone conversation to assist Client in problem analysis and determination, as some problems may be in other layers of the system and therefore will not require the return of a unit. Equipment is to be removed and returned to the factory, shipping prepaid by the Client. Prior to equipment shipment, Client is to call Data911 for a RMA number. The RMA number is to be clearly marked on shipping label or shipping container. The unit will be repaired and shipped by Data911 back to Client via ground shipping service within 10 business days of receipt. Client is to pay for any expedited return shipping services. III. Parts and Labor Availability Data911 will guarantee availability of parts and labor for a period of 10 years from the time of purchase of the new equipment. If parts become unavailable within a 10 year period, Data911 will replace the obsolete equipment to equivalent functionality at no additional charge. This paragraph shall survive expiration or termination of the Agreement. IV. Compensation Any MDS (as defined in Schedule A of Exhibit A to the Agreement) outside of warranty will be added to this Agreement at a rate of $297 per year per unit. Any non-warranty covered repair (i.e., damage caused by Client other than ordinary use of MDS unit) of an MDS unit in Schedule A of Exhibit A to the Agreement will be charged to Client based on the rates contained in Attachment A, attached hereto and incorporated by reference herein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oftware Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“Fresno”) and Hubb Systems, LLC (“Data911”) Description: Admin messaging link from Fresno CAD and mobiles to FSO system for all positions served by the FSO messaging system, including agencies such as Clovis PD which may be connected to FSO. A specification will be created by Hub-Data911 and approved by the Fresno Police Department before the programming begins. Mutually agreed to specifications must be supported by FSO Messaging System. The ability to move forward remains contingent on the Fresno Sheriff’s Department having a system available to make this bridged connection. EXHIBIT E Name Alert System Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“Fresno”) and Hubb Systems, LLC (“Data911”) Description: A display of RMS Name Alerts: Currently, the Data911 system accommodates the tagging of a street address with an alert. Such that, when the address is run, the alert surfaces in MX and ECOMM as an alert to an officer to be aware of what ever conditions that are placed into the alert. The challenge is that the system does not allow for any alert to be placed on a name. As such, if an officer in patrol runs a name and there is perhaps an alert that this individual is known to possess firearms and make threats of suicide by cop etc. the officer has no way of knowing this. Given this, there is an inherent officer safety issue that needs to be resolved. So that, an alert can be placed on an individual; and, when an officer in patrol runs that name, the alert will surface on the MX side. Since this alert already exists on address locations there is a need to extend this to names. EXHIBIT F Historical Events Activity Time-Based Snapshot System Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“Fresno”) and Hubb Systems, LLC (“Data911”) Description: Unit/Event - Historical Time-Based Snap-Shot feature: Historically, in legacy systems there was a process that would create a snapshot "trash-print" every 15 minutes of Unit and Event activity. So that as requests were made as to what was going on at a specific time, it would be easy to say with a high degree of timeliness and accuracy what Units were doing, and what type of call those units were on. Unfortunately, the current system requires th at a data-miner must research every possible unit to determine what they were doing each day and at specific times. This becomes a very time consuming process. As such, the proposed and simplified solution is to recreate a snapshot every 15 minutes as to what Units and Events have occurred at specific dates and times. Then, make such snapshots easily searchable. 1) The goal is to derive: (a) Who was on duty (b) What units were in-service (c) What units were on calls (d) What were the priority of those calls 2) The generation of a small text file is all that would be needed; exported with a date/time stamp along with a file name to include the respective information. EXHIBIT G Rights Modification Notification System Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“Fresno”) and Hubb Systems, LLC (“Data911”) Description: Temporary Rights Modification Notification System - Expiration Time-Out: A process is needed where an individual can be granted temporary elevated rights and an established expiration date – during temporary reassignment for a particular police function; but, where an expiration notification will be made to an established system admin of the temporary reassignment’s expiring date. The admin will then make a decision to extend or revert the rights to a previous level based on administrative notification. As for this work, the vendor agrees to the expiring notification; but further stipulates that their development should not be expected to assume the programming challenge of detecting whether or not the user logs out after the expiration of their period of elevated rights ; or, if they have not logged out, force a log out. This process will need to be handled by Fresno staff. Fresno staff agrees that it will also need to exercise appropriate caution and discretion in providing and then removing elevated rights to users who might otherwise be engaged in some level of work in process. The routine auditing of staff class privileges is already exercised by established personnel assigned with Security oversight of the system. Page 1 of 4 Exhibit H INSURANCE REQUIREMENTS Software Enhancement Services and MDS Extended Warranty Agreement between City of Fresno (“CITY”) and Hubb Systems, LLC (“CONTRACTOR”) MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability no t less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONTRACTOR’S profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONTRACTOR, or any party the CONTRACTOR subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. Page 2 of 4 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) CONTRACTORshall 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. Page 3 of 4 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONTRACTOR shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, CONTRACTOR’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONTRACTOR’S insurance and shall not contribute with it. CONTRACTOR shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONTRACTOR and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONTRACTOR. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONTRACTOR, CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. Page 4 of 4 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 herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONTRACTOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONTRACTOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR 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 of this Agreement. DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) HUBBSYS-01 MERCADOS 9/3/2014 License # 0E67768 Selena Mercado IOA Insurance Services-SF 3875 Hopyard Road, Suite 240 Pleasanton, CA 94588 (925) 660-1395 (925) 416-7869 selena.mercado@ioausa.com Federal Insurance Company 20281 Hubb Systems, LLC DBA: Data911 2021 Challenger Drive Alameda, CA 94501 Hartford Fire Insurance Company 19682 Atlantic Specialty Insurance Company 27154 1 A X 1,000,000 X X 35877943 05/25/2014 05/25/2015 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 B X X 57UECPV6096 05/25/2014 05/25/2015 X X XX 1,000,000 A 79865313 05/25/2014 05/25/2015 1,000,000 X C X 406038203 12/01/2013 12/01/2014 1,000,000 1,000,000 1,000,000 RE: Evidence of Coverage The City of Fresno, its officers, officials, employees, agents and authorized volunteers are recognized as Additional Insureds as respects to General Liability and Auto Liability. Coverage is Primary & Non-Contributory. Waiver of Subrogation applies to the Workers Compensation. City of Fresno Fresno Police Dept. Attn: Conrad Nerdahl 2323 Mariposa Mall Fresno, CA 93721 PRIVATE CONTRACTOR MANAGEMENT CONTROL AGREEMENT Agreement to allow the California Law Enforcement Telecommunications System (CLETS) access by (Public law enforcement/criminal justice agency) (ORI) to (Private Contractor) to perform services on its behalf. (Type of service) Access to the CLETS is authorized to public law enforcement and criminal justice agencies only (hereinafter referred to as the CLETS subscribing agency), which may delegate the responsibility of performing the administration of criminal justice functions (e.g., dispatching functions or data processing/information services) in accordance with the Federal Bureau of Investigation’s (FBI) Criminal Justice Information Services (CJIS) Security Addendum to a private contractor. The private contractor may access systems or networks that access the CLETS on behalf of the CLETS subscribing agency to accomplish the above-specified service(s). This Agreement must be received by the California Department of Justice (CA DOJ) prior to the subscribing agency permitting access to the CLETS. The performance of such delegated services does not convert that agency into a public criminal justice agency, nor automatically authorize access to state summary criminal history information. Information from the CLETS is confidential and may be used only for the purpose(s) for which it is authorized. Violation of confidentiality requirements or access authorizations may be subject to disciplinary action or criminal charges. Pursuant to the policies outlined in the CLETS Policies, Practices and Procedures (PPP) and the FBI’s CJIS Security Policy, it is agreed the CLETS subscribing agency will maintain responsibility for security control as it relates to the CLETS access. Security control is defined as the ability of the CLETS subscribing agency to set, maintain and enforce: 1. Standards for the selection, supervision and termination of personnel. This does not grant hiring/firing authority to the CLETS subscribing agency, only the authority to grant the CLETS systems access to personnel who meet these standards and deny it to those who do not; and 2. Policies governing the operation of computers, access devices, circuits, hubs, boundary protection devices and other components that make up and support a telecommunications network and related CA DOJ criminal justice databases used to process, store or transmit criminal justice information, guaranteeing the priority, integrity and availability of service needed by the criminal justice community. Security control includes, but is not limited to, the supervision of applicable equipment, systems design, programming and operating procedures associated with the development, implementation and operation of any computerized message-switching or database systems utilized by the served law enforcement agency or agencies. Computer sites must have adequate physical security to protect against any unauthorized viewing or access to computer terminals, access devices or stored/printed data. (continued) Exhibit D2 50 CLETS PPP, rev 03/13 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-469 Agenda Date:10/23/2014 Agenda #:2B REPORT TO THE CITY COUNCIL October 23, 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 SUBJECT Actions related to updating the Nexus Studies for Citywide Development Impact Fees (Citywide) 1.Approve a professional services agreement with Economic & Planning Systems, Inc., (EPS) to update the Development Impact Fee Nexus Study 2.***RESOLUTION - 21st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $227,700 for Citywide Impact Fee Study consulting and administrative costs in FY 2015 (Requires 5 affirmative votes) RECOMMENDATIONS Staff recommends that the Council approve an agreement with EPS to update the Development Impact Fee Nexus Study,authorize the Public Works Director or designee to execute the agreement, and adopt the AAR amendment to appropriate the necessary funds for consultant and City staff costs to complete the update. EXECUTIVE SUMMARY The City collects Development Impact Fees from all new development projects to defray all or a portion of the cost of public facilities related to such projects.State law requires that a Nexus Study be prepared to show that there is a reasonable relationship between the amount of the fee and cost of the public facility attributable to development.State law also requires that nexus studies be updated every five years. The City issued a Request for Proposals on May 23,2014 for the preparation of a Development Impact Fee Study update.Six proposals were received.All six firms were interviewed on July 16, 2014.The interview panel determined that EPS was the best qualified firm to prepare the Nexus Study update.Their fee for preparing the nexus study for the citywide police,fire,parks,traffic City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-469 Agenda Date:10/23/2014 Agenda #:2B signals and major street impact fees will be $149,200. BACKGROUND The City requires that all new development pay Development Impact Fees for fire,park,police facilities,regional street improvements,new growth area major street construction and improvements,traffic signal installation and improvements.Although the City charges new development water connection fees and sewer connection fees,those programs are not being reviewed under this agreement and will be handled separately by the Department of Public Utilities. State law requires that a Nexus Study be prepared to show a reasonable relationship between the amount of the fees and the cost of the planned public improvements.The law also requires that the reports are updated every five years.It has been five years since the fees were evaluated and some of the facility costs have changed.The updated Nexus Study will consider improvements that have been completed since the last update and any changes that will result from the adoption of the 2035 General Plan.The study will consider methods to provide reduced fees for infill development and developments that generate significant new employment.The scope of the work to be performed by EPS will include a comparison of Fresno’s impact fees with comparable cities in California. A stakeholder group is being formed to help staff and EPS review the existing fee program and recommend changes to improve the system.In September,staff reviewed the scope of services for the impact fee update with a broad range of commercial,industrial and residential developers, including the Building Industry Association (BIA),so as to ensure the development community is well informed and an integral part of the process to review and update the fee programs.The fees need to be reasonable and comparable to other surrounding communities but still adequate to fund the infrastructure necessary to serve new development.EPS has indicated that it can complete the Nexus Study in approximately six months,but the overall time frame to return to Council with updated fees is also dependent on the stakeholder engagement process and working through any issues that may arise. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the Nexus Report does not qualify as a project and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Not applicable because this is not a competitive bid.State law requires that professional firms are selected based on their qualifications and experience. FISCAL IMPACT Approval of the attached agreement will have no impact on the General Fund.All costs are being allocated from available impact fees.The consultant fee to prepare the Nexus Study will be $149,200.Staff is recommending approval of an AAR that allocates $227,700 which also covers City staff time and administrative costs. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-469 Agenda Date:10/23/2014 Agenda #:2B Attachments:21st Amendment to Annual Appropriation Resolution No.2014-95 Consultant Services Agreement City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Impact Fee Study_21st AAR Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 21st AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 TO APPROPRIATE $227,700 FOR CITYWIDE IMPACT FEE STUDY CONSULTING AND ADMINISTRATIVE COSTS 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 UGM General Admin $ 227,700 THAT account titles and numbers requiring adjustment by this Resolution are as follows: UGM General Admin Revenues: Account: 34002 Variable Reimb fr Non-ISF Div $ 227,700 Fund: 24009 Org Unit: 189901 Total Revenues $ 227,700 Appropriations: Account: 53302 Prof Svcs/Consulting - Outside $ 227,700 Fund: 24009 Org Unit: 189901 Project: PW00086 Total Appropriations $ 227,700 THAT the purpose is to appropriate $227,700 for citywide impact fee study consulting and administrative costs in FY 2015. Date Adopted: 2 of 2 Date Approved: Effective Date: Impact Fee Study_21st 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 AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the 23rd day of October, 2014, by and between the CITY OF FRESNO, a California municipal corporation ("C|TY"), and ECONOMIC & PLANNING SYSTEMS, lNC., a California Corporation ("CONSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional land economics financial consulting services for several updates to Citywide Development lmpact Fee Programs, hereinafter referred to as the "Project;" and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a land economics consulting firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No.6-19; and WHEREAS, this Agreement will be administered for CITY by its Public Works Director (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform 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 Aqreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or March 25 2016, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY'S issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within five hundred fifty (550) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One Hundred Forty-Nine Thousand Two Hundred Dollars ($149,200.00), and a contingency amount not to exceed Twenty Thousand Dollars ($20,000.00) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. DPW-B Short Form Total Fee - Contingency (04-30-14) -1- (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 pedormed prior to a signed written amendment. 4. Termination, Remedies and Force Maieure. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) seven (7) calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) 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) immediately 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 othen¡vise 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 court action to enforce the terms of the Agreement; andior (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 Director's request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of DPW-B Short Form Total Fee - Contingency (04-30-14) -2- common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forlh the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential 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, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential lnformation shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as othenruise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (c) 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 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 perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. 7. lndemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents DPW-B Short Form Total Fee - Contingency (04-30-14) -3- and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. 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, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the State of California and rated no less than "A-Vll" in the Best's lnsurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) lf at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the CITY and each of its DPW-B Short Form Total Fee - Contingency (04-30-14) -4- 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 suþcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, offìcials, employees, agents and volunteers by using lnsurance Service Office (lSO) Form CG 20 101185 or both CG 20 101001 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 1011 85. 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 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 CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Gode Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (lneligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing (c) 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 othen¡vise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT'S subcontractors pedorming any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. DPW-B Short Form Total Fee - Contingency (04-30-14) E (f) lf CONSULTANT should subcontract all or any portion of the work to be performed or seruices to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recvclino 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 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. (ii) lmmediately contact CITY'S Solid Waste Management Division at (559)621-1452and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as othen¡rise provided by law, all notices expressly required of CITY within the body of this Agreement, and not othenruise specifically provided for, shall be effective only if signed by the Director or hisiher 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 pedaining 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 CITY 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 1 1(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 portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to DPW-B Short Form Total Fee - Contingency (04-30-14) -6- 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 orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) 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. DPW-B Short Form Total Fee - Contingency (04-30-14) 7 13. lndependentContractor. (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 perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent othenruise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. 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 andior 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 padies, and each pafties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. I DPW-B Short Form Total Fee - Contingency (04-30-14) 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, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance 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 party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. 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 fır 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. Severabilitv. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. lnterpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by constiuing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attornev'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 pady in such proceeding or action shall be entitled to recover from the other parly 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. DPW-B Short Form Total Fee - Contingency (04-30-14) -9- 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 Partv Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Aoreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. ISTGNATURES ON FOLLOWTNG PAGEI ilt ilt Ht DPW-B Short Form Total Fee - Contingency (04-30-14) -10- lN WITNESS WHEREOF, the parties California, the day and year first above written. have executed this Agreement at Fresno, By:By By CITY OF FRESNO, a California municipal corporation Andrew Benelli, P.E. City Engineer/Assistant Director, Public Works Department ATTEST: WONNE SPENCE, CMC City Clerk Deputy APPROVED AS TO FORM: City Attorney's Office Raj Singh Badhesha, Deputy City Attorney REVIEWED BY: David A. Cisneros, Manager Special Projects, Public Works Department Addresses: CITY: City of Fresno Attention: David A. Cisneros, Manager Special Projects 2600 Fresno Street Fresno, CA93721 Phone: (559) 621-8804 FAX: (559) 488-10451 Attachments: ECONOMIC & PLANNING SYSTEMS, INC., A California Corporation Name: Title: (if corporation or LLC, Board Chair, Pres. or Vice Pres.) Name: Title: (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of lssuance: CONSULTANT: Economic & Planning Systems, lnc. Attention: Jamie Gomes, Managing Prinicipal 2295 Galeway Oaks Drive, Suite 250 Sacramento, CA 95833-421 0 Phone: 916 649-8010 FAX: 916 649-2070 By By: 1. Exhibit A - Scope of Services2. Exhibit B - lnsurance Requirements3. Exhibit C - Conflict of lnterest Disclosure Form DPW-B Short Form Total Fee - Contingency (04-30-14) -11- Exhibit A SCOPE OF SERVICES Consultant Service Agreement between Gity of Fresno ("City") and Economic & Planning Systems, Inc. ("Consultant") See attachement "4" Proposed Scope of Work DPW-B Short Form Total Fee - Contingency (04-30-14) Exhibit A Page 1 of 1 Attachment A Proposed Scope of Work Fresno Development Impact Fee Program Nexus Study Updates Project Understanding and Approach The City is initiating a process to prepare nexus study updates for the following citywide Development Impact Fee Programs: . Regional Streets and New Growth Area Major Streets . Fire and Police Facilities . Park Facilities EPS understands the City is also interested in an evaluation of and recommendations related to the Traffic Signal Impact Fee Program methodology. At the City's request, EPS, in concert with Fehr & Peers and Quad Knopf (collectively the EPS Team), has prepared the enclosed scope of work outlining the proposed work program to complete this work. In addition, EPS understands the City has completed a significant amount of related analysis as part of its General Plan Update, including population and employment estimates, traffic analysis, and public safety needs assessments. Facility standards established as part of the General Plan update process will provide the basis for developing the respective capital improvement programs for each fee program. The EPS Team will focus on equity to establish fees, so each user is paying a fee based on that user's impact on the facilities in question (i.e,, major streets, fire and police, and parks). EPS will determine development impact fees for these capital improvements by evaluating the needs of the specific community, projected new development, and the provisions of Government Code Section 66000, Each fee program will account for and carry forward cash balances and any reimbursements due for developer-constructed infrastructure. For each fee program, EPS will also evaluate the fee program methodology and rates for the urban core area versus the new growth areas, taking into consideration whether reduced rates for the core area may be appropriate. EPS will also evaluate other approaches to reducing the impact fee burden on development in the core areas. The specific tasks and subtasks EPS proposes to complete the work program are outlined below and discussed in detail in the sections to follow: . Task 1: Update Regional Street and New Growth Area Major Streets Impact Fees Subtask 1.1: Initiate Project and Gather Data Subtask 1.2: Develop Key Land Use Assumpt¡ons Subtask 1.3: Review and Refine Facility Standards and Costs Subtask 1.4: Prepare Nexus Analysis and Major Streets Impact Fee Program Economic & PlannÌng Systems, Inc. Attachment A Proposed Scope of Work September B, 2014 Subtask 1.5: Prepare and Present Nexus Study Subtask 1.6: Conduct Public Outreach Process Subtask 1,7: Attend Meetings . Task 2: Update Fire and Police Facilities Impact Fees Subtask 2.1: Initiate Project and Gather Background Information and Data Subtask 2.2: Develop Key Land Use Assumptions Subtask 2.3: Review and Refine Facility Standards and Costs Subtask 2.42 Prepare Nexus Analysis and Fire and Police Facilities Impact Fee Program Subtask 2.5: Prepare and Present Nexus Study Subtask 2.6: Conduct Public Outreach Process Subtask 2,7: Attend Meetings . Task 3: Update Park Facilities Impact Fees Subtask 3.1: Initiate Project and Gather Data Subtask 3.2: Develop Key Land Use Assumptions Subtask 3.3: Review and Refine Facility Standards and Costs Subtask 3.4: Prepare Nexus Analysis and Park Facilities Impact Fee Program Subtask 3.5: Prepare and Present Nexus Study Subtask 3.6: Conduct Public Outreach Process Subtask 3.7: Attend Meetings Please note that several of the tasks required to complete each Nexus Study will be completed on parallel tracks, as demonstrated by Figure 1 below. Specifically, EPS assumes a single project initiation meeting will be held for all three fee programs; land use assumptions and growth forecasts will be developed once and used for each fee program; and other public outreach, meeting attendance, and City Council presentations can be conducted simultaneously for the three Nexus Study Updates. Economic & Planning Systems, Inc.2 ,:Vto4ed\t42ooo\14206i Freñ DIF uñat4ltuæ1142o63 Nd Kæos-oa-t4 dø Attachment A Proposed Scope of Work September 8, 2074 Figure I Fresno DIF Work Program Structure ln¡tiate Project& Gather Data lsubtåsks1 1, 2 1,3.1) DevelopKeyLand Use Assumptions {Subtâsksl 2,2 2,3.21 Review and ref¡ne fac¡lity standards and costs (Subtåsk1.3) Prepafe Nexus Analysis and Major Streets lmpact Fee Program (subtaskl 4) Prepare and pfesent Nexus Study lsubtesk 1 5) Review and refine fac¡lity standards and costs (subtaskl 3) Prepare Nexus Analysis and Park Facil¡ty lmpact Fee Program (Subtåsk 1 4) Prepare and present Nexus Study {Subtãsk 1 5) Review and refine facility standards and costs (5!btask2 3) Prepare Nexus Analysis and FPF Fee Program (Subtask2 4) Prepare and present Nexus Study (5ubtåsk 2.5) 3Economic & Planning Systems, Inc,M:lPtoNsE\t4 2000\142063 F.en OtF uDdatesls@æ1112063 Nd øæ 09-0a-74 tu proposed scope or w"rr s"pr"#'ø21!iTit2 Task 1: update Regional street and New Growth Area Major Streets Impact Fees The existing Regional Street and New Growth Area Major Streets Impact Fee program (Major Streets Impact Fee Program) includes two fee zones: . urban core Zone. Payable by new development in the city's urban core. . New-Growth Zone. Payable by new City development located in "new growth" areas as determined by the City. In addition, the Major Streets Impact Fee Program funds two categories of roads: . Regional Roads. Regional-serving citywide roadways.. New-Growth Roads. Primarily new growth-serving roadways. EPS will review the current fee program methodology and will provide an updated development impact fee program that takes into consideration updated land use, vehicle miles traveled (VMT), and growth assumptions and street facility needs provided by the City to calculate impact fees scaled to each user's impact on major streets. The updated Nexus Study will provide the City with the technical documentation necessary to implement the proposed fees, Subtask 1.1: Initiate Project and Gather Data EPS will meet with the City to finalize the expected work product, scope of services, and project schedule' At this kickoff meeting, EPS and the City should discuss the general approach to updating the fees, key aspects of the fee program methodology, and any key issues that need to be addressed as part of the Nexus Study Update. EPS will work with the City to obtain and review the following data and information: . General Plan Traffic Analysis . Major Streets Capital Improvement Program. Existing Fee Program Fund Balance. Outstanding Developer Credits and Reimbursements The initial scoping refinement, data gathering, and discussion will focus subsequent technical efforts. Subtask 1.2: Develop Key Land Use Assumptions As part of this subtask, EPS will assemble land use capacity and development forecasts. In coordination with the City, EPS will research, assemble, and analyze the City's existing housing inventory and land use and demographic data to estimate the amount of existing development in each land use category. This estimate may include the use of industry standards for population and employment densities, floor-to-area ratios, and planning documents, as available. The City will assist in providing a summary of the existing land use and development base; needed City planning documents; and other appropriate maps, documents, or data, Economic & Planning Systems, Inc, Attachment A Proposed Scope of Work September B, 2014 EPS also will review prior nexus studies, current City General Plan documents, existing and proposed specific plan documents, development capacity, regional growth forecasts in the current version of Fresno Council of Government (Fresno COG) travel demand model, and City data on planned and proposed development. In addition, other published demographic data sources may be used to provide additional support (e.9., Claritas, California Department of Finance, and California Employment Development Department [EDD]). Once the land use categories are defined and land use data are available, EPS will prepare a growth forecast for each land use category, using growth projections completed as part of the General Plan update process as necessary and appropriate. EPS will prepare a table set summarizing preliminary land use growth forecasts for City staff review. Following review and subsequent inputfrom City staff, EPS will prepare a technical memorandum summarizing the key initial land use assumptions developed for use in the Nexus Study Report. Before developing the Nexus Study in Subtask 1.5, EPS and the City will examine changes in existing and potential land uses and adjust key land use assumptions as necessary to ensure the most relevant growth forecast. Su btask 7. 2 Delivera bles . Table Set-Preliminary Land Use Assumptions . Technical Memorandum-Summary of City's Land Uses and Demographics Subtask 1.3: Review and Refine Facility Standards and Costs The City will determine and provide the capital improvement program for the two categories of major streets as described above: regional (citywide) streets and new-growth area major streets. This information will include the analysis used to determine the need for each capital improvement program (CIP) project. The City will determine whether the entire cost or a portion thereof can be fairly allocated to citywide or new-growth areas. This review also will take into consideration implications associated with transferring the funding of trail facilities from the Park Facilities Fee Program to the Major Streets Impact Fee Program, particularly where trail facilities are located adjacent to arterial or other major street facilities. Quad Knopf will review the available construction cost estimates and offer a professional opinion regarding the validity of the costs estimates for use in the fee update. EPS and Quad Knopf will meet with City staff and work to reach agreement on updated unit costs where necessary. It is assumed the review will be limited to unit costs and contingencies and will not include verifying unit quantities. Subtask 7,3 Delivera bles . Table Set-Major Streets CIP Assumptions Subtask 1.4: Prepare Nexus Analysis and Major Streets Impact Fee Program Using the validated cost data determined in Subtask 1.3 above, EPS will prepare the Major Streets Impact Fee Program calculations and nexus analysis. The development impact fees will Economic & Planning Systems, Inc. Attachment A Proposed Scope of Work September 8, 2074 be segregated by land use type, based on the nexus requirements of Assembly Bill (AB) 1600 and on standard methods of allocating costs. EPS will use the following methodology: . Review/Revise Dwelling Unit Equivalent (DUE) Factors. Development impact fees typically are based on DUEs for various land uses. DUEs convert the demand for public facilities into similar measurement units for various land uses, These DUEs measure the demand for facilities that are generated by each land use type. DUEs for the Major Streets Impact Fee Program will be established based on VMT estimates by land use for the urban core and new growth areas. Fehr & Peers will develop the VMT estimates for the same land uses contained in the current fee program with updated information, including the California Household Travel Survey and the Fresno COG model. . Distribute Infrastructure Costs by Land Use. Based on forecasts of new development developed in Subtask 1.2, EPS will determine the new units served that will benefit from the capital improvements proposed for each fee component. Major Streets improvement costs then are distributed to each land use based on their relative demand for or benefit from each infrastructure component. As such, the maximum justifiable major streets impact fee per DUE is established. Apply DUE Factors to Determine Fee. The DUE factors multiplied by the cost-per-unit- served establish the maximum justifiable major streets development impact fee by land use, The City will include an administrative cost component to the fee, which would allow the City to recover administrative costs in administering the fee program. EPS will develop a methodology to automatically update and increase the fee on an annual basis for each fee. EPS will summarize the fees by infrastructure group for the City's review. Review Ordinances and Resolutions. EPS will review current ordinances and resolutions and propose revisions as necessary to address the City's implementation of the fees. Issues to be reviewed include timing of fee collection, fee credits, and reimbursement policies. Using the above-described approach, EPS will prepare a draft set of major streets impact fee calculations for the City's review and feedback, EPS will revise the draft tables as necessary to prepare the final Major Streets Impact Fee Program calculations, Subtask 1.5: Prepare and Present Nexus Study Based on a review of the key assumptions, the subsequent public input, and the analysis prepared in Subtask 1.4, EPS will prepare an Administrative Draft Report documenting the maximum justifiable development impact fees for City staff review and comment. The report will state the maximum justifiable development impact fees for each land use and the necessary suppofting analysis and findings. The report will also take into consideration and will evaluate the implications of implementing economic incentives for certain fee program areas (e.9., the urban-core zone) or land uses. Following the internal review, EPS will prepare a Public Review Draft Report for stakeholder review (described under Subtask 1.6 below). With the feedback and comments obtained from these reviews, EPS will prepare a Draft Hearing Report for City Council review and will seek approval or direction. Subtask 1.7 includes EPS's attendance at one City Council meeting. EconomÌc & Planning Systems, Inc. Attachment A Proposed Scope of Work September 8, 2074 The presentation with the City Council and workshops with the community are included in the budget that follows. If additional meetings or presentations are required, EPS will request the City's consideration for authorization of additional budget. Task 7,5 Deliverables r Administrative Draft Major Streets Impact Fee Program Nexus Study Update . Public Review Draft Major Streets Impact Fee Program Nexus Study Update . Draft Hearing Report Subtask 1.6: Conduct Public Outreach Process The success of the Major Streets Impact Fee Program depends on the involvement and collaboration of stakeholders and the public, To ensure that the outcome of the Major Streets Impact Fee Program reflects community values and input, EPS proposes a transparent public outreach program. This proposed program is based on previous successful projects completed by EPS. The proposed public outreach program includes stakeholder updates at critical milestones and the use of public workshops to encourage community participation. EPS suggests a series of additional outreach efforts by City staff to inform and update stakeholders such as e-mail or Web site updates, EPS will collaborate with City staff to refine the final program. This scope is based on the assumption the City will develop and distribute meeting notices and agendas jointly produced with EPS before scheduled meetings, EPS recommends sign-in sheets, minutes, and supporting visual aids such as maps and handouts to assist the discussions be made available for distribution at each meeting. Following each public workshop, EPS will prepare meeting minutes summarizing the key items and discussion points from each workshop. All EPS materials will be provided to City staff for review before distribution. Further, EPS will provide hard copies of all presentations a nd releva nt su pportin g documentation for d istri bution. EPS has scoped up to 6 workshops and presentations, assuming the use of materials and presentations generated from other project subtasks. This includes up to 5 meetings with stakeholders, EPS has scoped 3 stakeholder meetings at key junctures: one to discuss key land use and facility cost assumptions, a second to discuss the nexus analysis and proposed fee schedule, and a third to present and discuss a Public Review Draft of the report. EPS also will plan for 2 additional stakeholder workshops to accommodate special issues that may arise during the Nexus Study Update process. In addition, the scope includes attendance at one City Council meeting. If additional EPS attendance or presentations are requested, additional budget may be required that will be billed on a time-and-materials basis according to current billing rates. At a minimum, EPS recommends the following outreach elements: . Develop Stakeholder Group Database. The City will provide a list of stakeholders for use during development of the Major Streets Impact Fee Program. The list may include elected officials, City representatives, developers, community leaders, neighborhood and business associations, planning professionals, and other pertinent stakeholders. The City also will Economic & Planning Systems, Inc. Attachment A Proposed Scope of Work September 8, 2014 provide all public posting requirements as necessary such as California Environmental Quality Act (CEQA) requirements, AB 1600 posting requirements, and public meeting requirements. . Workshop #1: Key Assumption: Growth Forecasts, Land Use, and CIP. After Subtasks 1.2 and 1.3, the City should conduct a public workshop with the stakeholder group to share the resulting key assumptions used in the Nexus Study process. EPS will attend, assisted by Quad Knopf. . Workshop #2t Introduce and Discuss Nexus Analysis. After incorporating key assumptions and developing a nexus methodology (Subtask 1.4), EPS recommends a workshop to introduce the proposed methodology and fee schedule. This workshop should be designed to encourage stakeholder comment to allow City staff to identify stakeholder concerns, address known issues, and build consensus. EPS will attend, and Fehr & Peers will assist EPS with this workshop. . Workshop #3: Introduce and Discuss Public Review Draft Nexus Study. With City staff and stakeholder feedback, EPS will produce an Administrative Draft Nexus Study for City staff. Following this review, EPS will prepare a revised Public Review Draft Nexus Study. EPS recommends a workshop with the stakeholder group, including a review of assumptions and analysis and an introduction to the proposed Nexus Study, EPS will attend. . Additional Stakeholder Workshops. As special issues arise related to development of the Major Streets Impact Fee Program, additional stakeholder outreach or meetings may be warranted. EPS will attend up to 2 additional stakeholder workshops to accommodate this possibility, . Draft and Distribute Meeting Minutes, To demonstrate responsiveness and cooperation with the stakeholder group, after each workshop, EPS will summarize and memorialize key concerns or issues that require resolution. These meeting minutes should be distributed to the entire stakeholder group. . C¡ty Council Meeting. Following City staff and stakeholder comment, a Draft Hearing Report will be prepared and presented to the City Council. This meeting will be to review the proposed program with the City Council in a public workshop setting and to seek adoption or direction from the City Council. EPS will attend, Su btask 7,6 Delivera blest . Stakeholder Group meetings and presentations (up to 5) . City Council meeting and presentation as shown in Subtask 1.5 (1) Subtask 1.7: Attend Meetings In addition to the project initiation meeting described in Subtask 1.1, EPS and Quad Knopf will be available for up to 2 additional in-person meetings with City staff or the City Manager, for a total of 3 in-person meetings with City staff. Fehr & Peers will be available for one in-person meeting. As necessary, EPS also will be available to meet with City staff via teleconference, This scope of work is based on the assumption that up to 5 additional 1-hour teleconferences will be necessary over the course of the project. Economic & Planning Systems, Inc.8 ":\PrcØeÈ\l42ooo\142063 FresN OlF updar6\s@p\142063 Nd tuF 09-08-14 dø Attachment A Proposed Scope of Work September B, 2014 Task 2= update Fire and police Facilities rmpact Fees EPS proposes the following subtasks to prepare the updated Fire and police Facilities (FpF) Fee Program and Nexus Report for the City. This proposed scope of work is consistent with EpS,s current understanding of the City's needs. The City currently charges separate fire and police facilities fees on a citywide basis. Drawing on industry best practices, EpS will review the current fee program methodology and will provide an updated development impact fee program that takes into consideration updated land use and growth assumptions and public safety facility needs to calculate impact fees scaled to each user's impact on police and fire facilities, Subtask 2.1: Initiate Project and Gather Background fnformation and Data EPS will meet with the City to finalize the expected work product, scope of services, and project schedule' At this meeting, EPS and the City should review the existing documentation and fee program methodology and discuss any necessary changes or other major issues that should be considered as part of the Nexus Study Update. EPS will obtain (if not already in EpS,s possession) and review the following data and information: . Updated Fire and Police Depaftment Needs Assessment. City of Fresno General Plan 2035 Updateo Fire and Police Department Calls for Service Datar Current Citywide Fire and Police Facilities Fee Nexus Study. Exist¡ng Fee Program Account Balances. Any Outstanding Debt Service for Existing Fee-Funded Public Safety Facilities. Any Outstanding Developer Credits or Reimbursements Owed The initial scoping refinement, data gathering, and discussion will focus subsequent technical efforts. Subtask 2.2: Develop Key Land Use Assumptions As part of this subtask, EPS will assemble land use capacity and development forecasts, which will be used to estimate new facility needs. In coordination with the City, EPS will research, assemble, and analyze the City's existing housing inventory and land use and demographic data to estimate the amount of existing development in each land use category, This estimate may include the use of industry standards for population and employment densities, floor-to-area ratios, and planning documents, as available. The City will assist in providing a summary of the existing land use and development base; needed City planning documents; and other appropriate maps, documents, or data. EPS also will review prior nexus studies, current City General Plan documents, existing and proposed specific plan documents, development capacity, regional growth forecasts in the current version of Fresno COG travel demand model, and City data on planned and proposed development' In addition, other published demographic data sources may be used to provide additional suppoft (e.9., Claritas, California Department of Finance, and California EDD). Economic & Planning Systems, Inc.M:\Prcpeb\142000\142063 Fresþ DIF upd.tesls@F\t42063 Nø ñF os-oa-14 dø Attachment A Proposed Scope of Work September 8, 2074 Once the land use categories are defined and land use data are ava¡lable, EPS will prepare a growth forecast for each land use category, using growth projections completed as part of the General Plan update process as necessary and appropriate. EPS will prepare a table set summarizing preliminary land use growth forecasts for city staff review. Subtask 2, 2 Delivera bles . See Subtask 1.2 Subtask 2.3: Review and Refine Facility Standards and Costs EPS will review updated public safety needs assessment documentation and will review and confirm existing standards with the City. In preparation of the Nexus Study, EPS will analyze the value of existing fire and police facilities, taking into consideration any outstanding debt service on exist¡ng facilities. Using existing City documents, nexus studies, and other data provided by the City, EPS will review, validate, and confirm the value of existing facilities. In addition, EPS will work closely with the City to develop and review the existing CIP and projected cost of fire and police facility needs projected to serve future development. As part of this subtask, EPS will meet and coordinate with City staff to understand areas of the police and fire master plans that the City wishes to focus on in infrastructure review (such as an emergency vehicle traffic light pre-emption system to allow safe passage of emergency vehicles through traffic lights at an intersection), EPS assumes City staff will provide recent fire station and other related cost data. EPS and euad Knopf will review the available construction cost estimates and offer a professional opinion regarding the validity of those costs. As part of this review, EPS and Quad Knopf will gather updated information on key cost assumptions, Typical police and fire expenditures will be derived from comparable project information supplemented by in-house resources and cost estimation manuals as necessary. In concert with City staff, EPS and Quad Knopf will also consider public safety facility costs attributable to new development in the new growth areas of the City versus development in the City's urban core. EPS and Quad Knopf then will meet with City staff and work to reach agreement on updated unit costs where necessary. It is assumed the review will be limited to unit costs and contingencies and will not include verifying unit quantities. Su btask 2.3 Delivera bles . Table Set-Fire and Police Facilities CIP Assumptions Subtask 2.4= Prepare Nexus Analysis and FpF Fee program In this subtask, EPS will calculate the development impact fees for fire and police facilities identified in Subtask 2.3 above, The development impact fees will be segregated by land use type, based on the nexus requirements of AB 1600 and on standard methods of allocating costs. EPS will use the following methodology: Economic & Planning Systems, Inc.10 Attachment A Proposed Scope of Work September 8, 2074 Review Previous Nexus Studies. EPS will review the existing "Fire & Police Facilities Impact Fees" Nexus Study, which will serve as the basis for the update of the various impact fee programs. Review Prior Technical Analysis. EPS will review prior technical analysis conducted as part of an effort to update the FPF Fee Program circa 2009. Review/Revise DUE Factors. Development impact fees typically are based on DUEs for various land uses. DUEs convert the demand for public facilities into similar measurement units for various land uses. These DUEs measure the demand for facilities that are generated by each land use type. For public safety facilities, DUE factors likely will be based on calls for service or other metrics that accurately measure and distinguish the demands generated for public safety services by land use type. In conjunction with City staff, EPS will review and revise, if necessary, the DUE factors for each land use to be charged. Distribute Infrastructure Costs by Land Use. Based on new development forecasts developed in Subtask 2.2, EPS will determine the new units served that will benefit from the capital improvements proposed for each fee component (fire and police). The infrastructure costs then are distributed to each land use, based on their relative demand for or benefit from each infrastructure component. As such, a cost-per-unit-served is established. Public safety facility costs-per-unit-served may vary based on the location of new development, i.e., the urban core area versus the new growth area. Apply DUE Factors to Determine Fee. The DUE factors multiplied by the cost-per-unit- served establish the development impact fee by infrastructure group and land use. The City will include an administrative cost component to the fee, which would allow the City to recover administrative costs in administering the fee program. EPS will develop a methodology to automatically update and increase the fee on an annual basis for each fee. EPS will summarize the fees by infrastructure group for the City's review. Review Ordinances and Resolutions. EPS will review current ordinances and resolutions and propose revisions as necessary to address the City's implementation of the fees. Issues to be reviewed include timing of fee collection, fee credits, and reimbursement policies. Subtask 2.5: Prepare and Present Nexus Study Based on a review of the key assumptions, the subsequent public input, and the analysis prepared in 2.4, EPS will prepare an Administrative Draft Report for City staff review and comment. The study will state the maximum justifiable fees for each land use and the necessary supporting analysis and findings. The study will also consider application of economic incentives or other approaches to reduce the impact fee burden for specific fee program areas (e.g., the urban-core) or land uses. Following the internal review, EPS will prepare a Public Review Draft Report for stakeholder review (described under Subtask 2.6 below). With the feedback and comments obtained from these reviews, EPS will prepare a Draft Hearing Repoft for the City Council and will seek approval or direction, Subtask 2.7 includes EPS's attendance at one City Council meeting. Economic & Planning Systems, Inc.11 Attachment A Proposed Scope of Work September B, 2014 The presentation with the City Council and workshops with the community are included in the budget that follows. If additional meetings or presentations are required, EPS will request the City's consideration for authorization of additional budget. Task 2.5 Deliverables . Administrative Draft FPF Nexus Study Update . Public Review Draft FPF Nexus Study Update . Draft Hearing Report Subtask 2.6: Conduct Public Outreach Process The success of the FPF Fee Program depends on the involvement and collaboration of stakeholders and the public. To ensure the outcome of the FPF Fee Program reflects community values and input, EPS proposes a transparent public outreach program. This proposed program is based on previous successful projects completed by EPS. The proposed public outreach program includes stakeholder updates at critical milestones and the use of public workshops to encourage community participation. EPS suggests a series of additional outreach eftorts by City staff to inform and update stakeholders such as e-mail or Web site updates. EPS will collaborate with City staffto refine the final program. This scope is based on the assumption the City will develop and distribute meeting notices and agendas jointly produced with EPS before scheduled meetings. EPS recommends sign-in sheets, minutes, and supporting visual aids such as maps and handouts to assist the discussions be made available for distribution at each meeting. Following each public workshop, EPS will prepare meeting minutes summarizing the key items and discussion points from each workshop, All EPS materials will be provided to City staff for review before distribution. Further, EPS will provide hard copies of all presentations and relevant supporting documentation for distribution. EPS has scoped up to 6 workshops and presentations, assuming the use of materials and presentations generated from other project subtasks. This includes up to 5 meetings with stakeholders. EPS has scoped 3 stakeholder meetings at key junctures: one to discuss key land use and facility cost assumptions, a second to discuss the nexus analysis and proposed fee schedule, and a third to present and discuss a Public Review Draft of the report. EPS also will plan for 2 additional stakeholder workshops to accommodate special issues that may arise during the Nexus Study Update process. In addition, the scope includes attendance at one City Council meeting, If additional EPS attendance or presentations are requested, additional budget may be required that will be billed on a time-and-materials basis according to current billing rates. At a minimum, EPS recommends the following outreach elements: . Develop Stakeholder Group Database. The City will provide a list of stakeholders for use during development of the FPF Impact Fee Program. The list may include elected officials, City representatives, developers, community leaders, neighborhood and business associations, planning professionals, and other pertinent stakeholders. The City also will provide all public posting requirements as necessary such as CEQA requirements, AB 1600 posting requirements, and public meeting requirements. Economic & Planning Systems, Inc,12 N:\PtopsE\t42OOOlr42o63 F.esM DrF u4a?es\s@Ê1142063 Nd sÒÞe Os-Oa-!4 dú Attachment A Proposed Scope of Work September B, 2014 . Workshop #1: Key Assumpt¡on: Growth Forecasts, Land Use, and CIP. After Subtasks 2.2 and 2.3, the City should conduct a public workshop with the stakeholder group to share the resulting key assumptions used in the Nexus Study process. EPS will attend, and Quad Knopf will assist EPS with this workshop, . Workshop #2= Introduce and Discuss Nexus Analysis. After incorporating key assumptions and developing a nexus methodology (Subtask 2.4), EPS recommends a workshop to introduce the proposed methodology and fee schedule. This workshop should be designed to encourage stakeholder comment to allow City staff to identify stakeholder concerns/ address known issues, and build consensus. EPS will attend. . Workshop #3: Introduce and Discuss Pubtic Review Draft Nexus Study. With City staff and stakeholder feedback, EPS will produce an Administrative Draft Nexus Study for City staff. Following this review, EPS will prepare a revised Public Review Draft Nexus Study. EPS recommends a workshop with the stakeholder group, including a review of assumptions and analysis and an introduction to the proposed Nexus Study. EPS will attend. . Additional Stakeholder Workshops. As special issues arise related to development of the FPF Impact Fee Program, additional stakeholder outreach or meetings may be warranted. EPS will attend up to 2 additional stakeholder workshops to accommodate this possibility. ¡ Draft and Distribute Meeting Minutes. To demonstrate responsiveness and cooperation with the stakeholder group, after each workshop, EPS will summarize and memorialize key concerns or issues that require resolution. These meeting minutes should be distributed to the entire stakeholder group, . C¡ty Council Meeting. Following City staff and stakeholder comment, a Draft Hearing Report will be prepared and presented to the City Council. This meeting will be to review the proposed program with the City Council in a public workshop setting and to seek adoption or direction from the City Council, EPS will attend. Su btask 2.6 Delivera bles . Stakeholder Group meetings and presentations (up to 5). City Council meeting and presentation as shown in Subtask 2.S (1) Subtask 2.7: Attend Meetings In addition to the project initiation meeting described in Subtasks 1.1 and 2.1, EPS and Quad Knopf will be available for up to 2 additional in-person meetings with City staff or the City Manager, for a total of 3 in-person meetings with City staff. As necessary, EPS also will be available to meet with City staff via teleconference, This scope of work is based on the assumption that up to 5 additional 1-hour teleconferences will be necessary over the course of the project. Economic & Planning Systems, Inc.13 H:\P.oNeb\t42OOO\ta¿o63 tuesÙ DlF U4atættuæt142063 ú 4e os-os-t4 dø Task 3: Proposed scope or *"ru ,"rr#tfJliiir2 Update Park Facilities Impact Fees The EPS Team proposes the following subtasks to complete an update to the Park Facilities Impact Fee Nexus Study. The Park Facilities Nexus Study document will include the required nexus findings to support City adoption of the updated Park Facilities Impact Fee Program, The current citywide Park Facilities Impact Fee is computed based on a facility-standard approach that includes funding for community, park, and trail facilities. The existing fee also includes a land (Quimby) component. There are several key issues that the Park Facilities Impact Fee Nexus Study Update should address. The City has expressed concern that neighborhood park funding pressures are depleting funds available to fund communitywide facilities. This proposed work program will address this issue through an evaluation of the current facility standard approach, whereby the impact fee is set based on an identified level-of-service standard. An alternative approach would be to use a CIp approach that details the specific facilities desired by the City and develops a funding program based on a prioritized set of desired facilities. This approach could assist the City in mitigating tension between neighborhood and community park facilities by identifying a prioritized and programmed set of improvements. Another approach would include establishing separate park facility fee program components for community and neighborhood park facilities. Credits for developer-constructed facilities could be limited to the neighborhood park facility component, ensuring receipt of fee payments to fund community park facilities, In addition, the City wishes to evaluate whether or not the trail facility component should continue to be funded as part of the Park Facility Fee Program, or whether it should instead be funded through the Major Streets Impact Fee Program, The EPS Team's proposed work program will evaluate these and other issues through completion of the subtasks identified below, This work program will culminate in presentation of a Park Facilities Nexus Study and fee ordinance for City Council consideration. Subtask 3.1: Initiate Project and Gather Data EPS will meet with the City to finalize the expected work product, scope of services, and project schedule. EPS will obtain (if not already in EPS possession) and review the following documentation: Available Parks and Recreation Department Master plan Documents City of Fresno Bicycle, Pedestrian, & Trails Master plan Current Citywide Park Facilities Fee Nexus Study The initial scoping refinement, data gathering, and discussion will focus subsequent technical efforts. Subtask 3.2: Develop Key Land Use Assumptions As part of this subtask, EPS will assemble land use capacity and development forecasts, which will be used to estimate new facility needs. In coordination with the City, EPS will research, a a a Economic & Planning Systems, Inc.t4 Attachment A Proposed Scope of Work September 8,2074 assemble, and analyze the City's existing housing inventory and land use and demographic data to estimate the amount of existing development in each land use category. This estimate may include the use of industry standards for population and employment densities, floor-to-area ratios, and planning documents/ as available. The City will assist in providing a summary of the existing land use and development base; needed City planning documents; and other appropriate maps, documents, or data. EPS also will review prior nexus studies, current City General Plan documents, existing and proposed specific plan documents, development capacity, regional growth forecasts in the current version of the Fresno COG travel demand model, and City data on planned and proposed development. In addition, other published demographic data sources may be used to provide additional support (e.9., Claritas, California Department of Finance, and California EDD). Once the land use categories are defined and land use data are available, EPS will prepare a growth forecast for each land use category, using growth projections completed as part of the General Plan update process as necessary and appropriate. EPS will prepare a table set summarizing preliminary land use growth forecasts for City staff review. Subtask 3.2 Delíverables . See Subtask 1.2 Subtask 3.3: Review and Refine Facility Standards and Costs EPS will work with the City to identify park facility capital requirements that will provide the basis for establishing an impact fee for new development. EPS will review the current Park Facilities Impact Fee Nexus Study and any existing Park master planning documents to determine the full range of park facilities programmed or desired by the City. EPS and Quad Knopf will review the City's current facility standard approach to computing park facility costs and will evaluate this methodology in terms of the City's ability to fund desired neighborhood and community park facilities. Based on the outcome of this review, EPS and Quad Knopf may work with the City to develop an alternative, ClP-based approach to programming park facilities and will review, comment on, and validate associated cost estimates developed by the City. This review will consider the potential for varying park facility needs between the urban core area and the new growth areas of the City, as well as any outstanding debt services on existing park facilities. As part of the review of park facility costs, EPS and Quad Knopf will identify the poftion of park facility costs attributable to trail facilities to facilitate later analysis of alternative funding strategies for this fee program component. Su btask 3,3 Delivera bles . Table Set-Park CIP Assumptions Subtask 3.4: Prepare Nexus Analysis and Park Facilities Impact Fee Program Using the validated cost data determined in Subtask 3.3 above, EPS will prepare the Park Facilities Impact Fee Program calculations and Nexus Study. In the process of developing final Economic & Planning Systems, Inc.15 H:\PrcFeÉ\t42ooo\t42063 FEeo DrF uÚ.tes\þæ\142063 Nø nF oe-os-t4 dø Attachment A Proposed Scope of Work September 8, 2014 fee recommendations, EPS will develop alternative fee levels and methodologies of developing the fees for the City's consideration. Alternatives will include evaluation of the following variables: Total Funding Amount. Several different levels of revenue to be generated by the park improvements fee will be evaluated, ranging from the amount that would be generated from the current fees to the amount needed to construct all desired improvements, This analysis will include an evaluation of the facility standard approach versus a fully programmed CIP approach and will include an analysis of fee program funding alternatives for the trail component of the Park Facilities Impact Fee Program (i.e., should this component be funded through the Park Facilities Impact Fee Program or should it instead be shifted to the Major Streets Impact Fee Program?). Fee Zones. EPS will evaluate and develop alternatives to assess the effect of varying park development fees in different zones of the City. The varying fees will be based on different park needs in different parts of the City. Tiered Fee Rates. EPS will evaluate the viability of establishing a tiered fee program either based on level of service or separating the fee program into multiple components (e.g., one component for community park facilities and another component for neighborhood park facilities). For all alternatives and for the final fee structure recommendation, EPS will use the following methodology to develop fee calculations: . Review/Revise DUE Factors. Development impact fees typically are based on DUEs for various land uses. DUEs convert the demand for public facilities into similar measurement units for various land uses. These DUEs measure the demand for facilities that are generated by each land use type. In conjunction with City staff, EPS will review and revise, if necessary/ the DUE factors for each land use to be charged. . Distribute Infrastructure Costs by Land Use. Based on new development forecasts developed in Subtask 3.2, EPS will determine the new units served that will benefit from the capital improvements proposed for each fee component. Park facilities costs then are distributed to each land use based on their relative demand for or benefit from each infrastructure component. As such, a maximum justifiable park improvements fee per DUE is established. Apply DUE Factors to Determine Fee. The DUE factors multiplied by the cost-per-unit- served establish the maximum justifiable park development impact fee by land use. The City will include an administrative cost component to the fee, which will allow the City to recover administrative costs in administering the fee program. EPS will develop a methodology to automatically update and increase the fee on an annual basis for each fee. EPS will summarize the fees by infrastructure group for the City's review. Review Ordinances and Resolutions. EPS will review current ordinances and resolutions and propose revisions as necessary to address the City's implementation of the fees, Issues to be reviewed include timing of fee collection, fee credits, and reimbursement policies. Economic & Planning Systems, Inc.16 Attachment A Proposed Scope of Work September 8, 2074 Using the above-described approach, EPS will prepare a draft set of park facilities fee calculations for the City's review and feedback. EPS will revise the draft tables as necessary to prepare the final Park Facilities Impact Fee Program calculations. Subtask 3.5: Prepare and Present Nexus Study Based on a review of the key assumptions, the subsequent public input, and the analysis prepared in Subtask 3.4, EPS will prepare an Administrative Draft Report for City staff review and comment, The study will state the maximum justifiable fees for each land use and the necessary supporting analysis and findings. The study will also consider application of economic incentives or other approaches to reduce the impact fee burden for specific fee program areas (e,9,, the urban-core) or land uses. Following the internal review, EPS will prepare a Public Review Draft Report for stakeholder review (described under Subtask 3.6 below). With the feedback and comments obtained from these reviews, EPS will prepare a Draft Hearing Report for the City Council and will seek approval or direction. Subtask 3.7 includes EPS's attendance at one City Council meeting. The presentation with the City Council and workshops with the community are included in the budget that follows. If additional meetings or presentations are required, EPS will request the City's consideration for authorization of additional budget. Task 3,5 Deliverables . Administrative Draft Park Facilities Nexus Study Update. Public Review Draft Park Facilities Nexus Study Update. Draft Hearing Report Subtask 3.6: Conduct Public Outreach Process The success of the Park Facilities Impact Fee Program depends on the involvement and collaboration of stakeholders and the public. To ensure that the outcome of the Park Facilities Impact Fee Program reflects community values and input, EPS proposes a transparent public outreach program. This proposed program is based on previous successful projects completed by EPS, The proposed public outreach program includes stakeholder updates at critical milestones and the use of public workshops to encourage community participation. EPS suggests a series of additional outreach efforts by City staff to inform and update stakeholders such as e-mail or Web site updates. EPS will collaborate with City staff to refine the final program. This scope is based on the assumption the City will develop and distribute meeting notices and agendas jointly produced with EPS before scheduled meetings. EPS recommends sign-in sheets, minutes, and supporting visual aids such as maps and handouts to assist the discussions be made available for distribution at each meeting. Following each public workshop, EPS will prepare meeting minutes summarizing the key items and discussion points from each workshop, All EPS materials will be provided to City staff for review before distribution. Fufther, EPS will provide hard copies of all presentations and relevant supporting documentation for distribution. EPS has scoped up to 6 workshops and presentations, assuming the use of materials and presentations generated from other project subtasks. This includes up to 5 meetings with Economic & Planning Systems, Inc.77 Attachment A Proposed Scope of Work September B, 2074 stakeholders. EPS has scoped 3 stakeholder meetings at key junctures: one to discuss key land use and facility cost assumptions, a second to discuss the nexus analysis and proposed fee schedule, and a third to present and discuss a Public Review Draft of the report. EpS also will plan for 2 additional stakeholder workshops to accommodate special issues that may arise during the Nexus Study Update process. In addition, the scope includes attendance at one City Council meeting. If additional EpS attendance or presentations are requested, additional budget may be required that will be billed on a time-and-materials basis according to current billing rates. At a minimum, EPS recommends the following outreach elements: . Develop Stakeholder Group Database. The City will provide a list of stakeholders for use during development of the Park Facilities Impact Fee Program. The list may include elected officials, City representatives, developers, community leaders, neighborhood and business associations, planning professionals, and other pertinent stakeholders. The City also will provide all public posting requirements as necessary such as CEQA requirements, AB 1600 posting requirements, and public meeting requirements, . workshop #1: Key Assumption: Growth Forecasts, Land use, and crp. After Subtasks 3.2 and 3.3, the City should conduct a public workshop with the stakeholder group to share the resulting key assumptions used in the Nexus Study process. EpS will attend; Quad Knopf will assist. . Workshop #2: fntroduce and Discuss Nexus Analysis. After incorporating key assumptions and developing a nexus methodology (Subtask 3.4), EPS recommends a workshop to introduce the proposed methodology and fee schedule. This workshop should be designed to encourage stakeholder comment to allow City staff to identify stakeholder concerns/ address known issues, and build consensus, Eps will attend. . Workshop #3: Introduce and Discuss Public Review Draft Nexus Study. With City staff and stakeholder feedback, EPS will produce an Administrative Draft Nexus Study for City staff. Following this review, EPS will prepare a revised Public Review Draft Nexus Study. EPS recommends a workshop with the stakeholder group, including a review of assumptions and analysis and an introduction to the proposed Nexus Study, EPS will attend. ¡ Additional Stakeholder Workshops. As special issues arise related to development of the Park Facilities Impact Fee Program, additional stakeholder outreach or meetings may be warranted' EPS will attend up to 2 additional stakeholder workshops to accommodate this possibility. ' Draft and Distribute Meeting Minutes. To demonstrate responsiveness and cooperation with the stakeholder group, after each workshop, EPS will summarize and memorialize key concerns or issues that require resolution. These meeting minutes should be distributed to the entire stakeholder group. . C¡ty Council Meeting. Following City staff and stakeholder comment, a Draft Hearing Report will be prepared and presented to the City Council. This meeting will be to review the proposed program with the City Council in a public workshop setting and to seek adoption or direction from the City Council. EpS will attend. Economic & Planning Systems, Inc.18 M :\PrcNebl142o00\t42063 F.esñ otF Upd¿Gs\S@F\142063 Nd *oæ O9,oa-t4-dg Attachment A Proposed Scope of Work September g, 2074 Subtask 3.6 Delivera bles . Stakeholder Group meetings and presentat¡ons (up to 5) ' city council meeting and presentation as shown in subtask 3.s (1) Subtask 3.7: Attend Meetings In addition to the project initiation meeting described in Subtasks 1.1, 2.1, and 3.1, EpS and Quad Knopf will be available for up to 2 additional in-person meetings with City staff or the City Manager, for a total of 3 in-person meetings with City staff. As necessary, EpS also will be available to meet with City staff via teleconference. This scope of work is based on the assumption that up to 5 additional l-hour teleconferences will be necessary over the course of the project, Task 4: Prepare Regional rnfrastructure cost Burden Compar¡son Using sample or prototype development projects provided by the City, EpS will provide a comparison of fees, bond debt, and annual special taxes and assessments for residential, commercial, and industrial land uses, The infrastructure cost burden comparison will compare total infrastructure costs for development in the City's urban-core area as well as the new growth areas' In addition, EPS will work with the City to select two to three competitive jurisdictions toprovide further basis for comparison. The fee analysis will contain city or county fees, project- specific fees if applicable, other agency fees, and any bond debt or assessments for infrastructure to be levied against the property. The impact fee comparison will include this work: . Calculating a proposed fee schedule by zone and land use. . compiling impact fee comparisons for competitive jurisdictions, ' Collecting ordinance language successfully used by jurisdictions for impact fees based on the report's methodology. In addition to the City's urban-core and new growth areas, the analysis may include jurisdictions such as the Cities of Bakersfield, Clovis, Merced, Modesto, Selma, Stockton, and Visalia. The initial fee analysis will include two to three jurisdictions per land use, representing the City,s major competitors. EPS will work with the City to determine the appropriate competitivejurisdictions by land use category. Task 4 Deliverables ' Technical Table Set-Infrastructure cost Burden comparison Economic & Planning Systems, Inc.19 H:\P¡oØsts\t42o00\142063 FresN DE Upd.tæ1tuÊ\142063 Nd ØF os-o1-14 dø Attachment A Proposed Scope of Work September 8, 2074 Task 5: Review Traffic Signal M¡t¡gat¡on Impact Fee Methodology The City is interested in an evaluation of the current methodology used for the ADT-based citywide Traffic Signal Mitigation Impact Fee. EPS and Fehr & Peers will review this methodology and will work to develop recommendations concerning the following items: . Basis for nexus . Handling of various land use types . Considerations for pass-by and internal trip capture EPS and Fehr & Peers will memorialize the findings of this review in a memorandum for City staff review and comment. Task 5 Delíverables . Memorandum-Traffic Signal Mitigation Impact Fee Recommendations Economic & Planning Systems, Inc.20 M:\Pro@b\t42oÌo\142063 F.esM DIF up¿aÉls@æ\t42063 fl4 *oæ o9-oa-74 dø Exhibit B INSURANCE REQUIREMENTS Gonsultant Service Agreement between Gity of Fresno ("C|TY") and Economic & Planning Systems, Inc. ("CONSULTANT") MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: The most current version of lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "propedy damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of lnsurance." The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). lf personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. Workers' Compensation insurance as required by the State of California and Employer's Liability lnsurance. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage;(ii) $1,000,000 per occurrence for personal and advertising injury;(iii) $2,000,000 aggregate for products and completed operations; and, 1. 2 3 4 NEXUS STUDY DPW-B Short Form Total Fee - Contingency (04-30-14) Page 1 of4 (iv) $2,000,000 general aggregate applying separately to the work pedormed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. oR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and,(i¡i) $50,000 per accident for property damage. 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE 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). ln addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of lnsurance, 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 DPW-B Short Form Total Fee - Contingency (04-30-14) Page 2 of 4 (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG20 101185 or both CG20 101001 and CG20 37 1O 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 1011 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional lnsured. 3. For any claims related to this Agreement, CONSULTANT'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with ¡t. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG2001 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 0413. The Workers' Compensation insurance policv is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against ClïY, its officers, officials, employees, agents and volunteers. is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. lf coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT DPW-B Short Form Total Fee - Contingency (04-30-14) Page 3 of 4 must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). ln the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or hisiher designee prior to CITY'S execution of the Agreement and before work commences. All non-lSO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the undenruriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DPW-B Short Form Total Fee - Contingency (04-30-14) Page 4 of 4 Explanation: Exhibit G DISCLOSURE OF CONFLICT OF INTEREST IMPACT FEE PROGRAM NEXUS STUDY UPDATE PROJECT TITLE Signature Date (name) (company) (address) YES*NO 1 Are you currently in litigation with the City of Fresno or any of its agents? n n 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? n n 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? tr n 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? !n 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 n 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?tr n * lf the answer to any question is yes, please explain in full below. ! Additional page(s) attached. (city state zip) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-485 Agenda Date:10/23/2014 Agenda #:3A REPORT TO THE CITY COUNCIL October 23, 2014 FROM:Councilmember Oliver L. Baines III Acting President, Council District 3 BY:Gregory A. Barfield Chief of Staff, Office of Councilmember Oliver Baines SUBJECT *** RESOLUTION - Establishing the Council Public Records Act Policy RECOMMENDATION It is recommended that the Council adopt the Resolution Establishing the Council Public Records Act Policy. EXECUTIVE SUMMARY The attached Resolution will make Administrative Order (AO)8-4,Public Records Act Policy and Procedure,applicable to all City Departments and Officials.The AO is intended to streamline and standardize the process of responding to the many Public Records Act requests the City regularly receives. BACKGROUND The City receives numerous requests for documents under the California Public Records Act (“PRA”). Each request requires a written response within ten days of receipt.Often the documents requested are voluminous,and may contain privileged information.The attached resolution and Administrative Order attempt to streamline and standardize the process of responding to such requests. Under the Administrative Order,each department shall designate a representative,known as a PRA Coordinator that will be responsible for coordinating and responding to requests for records that overlap different divisions within the Department.The City Attorney’s Office will designate a staff member to serve as the Central Coordinator,who will keep a log of all PRA requests,coordinate responses,and maintain control copies of documents provided in response to the request.The Departments where records are located are responsible for compiling records and forwarding them to City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-485 Agenda Date:10/23/2014 Agenda #:3A the Central Coordinator. The Administrative Order does not apply to routine requests for Police and Fire Department Records, which will continue to be handled internally by those Departments.The Administrative Order was heard by the Labor Management Task Force on September 16,2014,and signed into effect by the City Manager.The attached Resolution will make the Administrative Order applicable to all City Departments and officials. ENVIRONMENTAL FINDINGS This is not a project for CEQA purposes. LOCAL PREFERENCE Not applicable because this is not a contract for goods or services. FISCAL IMPACT Approval of the attached Resolution will have no impact on the General Fund. Attachments: Resolution Administrative Order City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Clty ofÉroealrsr/¿fnE-=-?--z¡¡s=ADMINISTRATIVE ORDER Subiect: Public Records Act Policy and Procedure Number: 84 Date lssued: September 15,2003 Date Revised: Septembe¡ 16,2o14 Responsible Gity Attorney Purpose The purpose of this policy is to establish procedures for City responses to Califomia Public Records Act (PRA) requests. Procedures Each City Official and City Department (collectively, "Department") shall designate a percon or persons to be responsible for responding to requests for records. These representatives will be known as PFIA Coordinators. For Departments that have more than one division, the PRA Coordinator will be responsible for coordinating and responding to requests for records that overlap different divisions within the Department. The City Attomey's Office will designate a staff member to coordinate the response to requests (the "Central Coordinato/'). The Central Coordinator will keep a log of all PRA requests, coordinate responses, and maintain control copies of documents provided in response to the request. The Deparûnents where records are located are responsible for compiling records and forwarding them to the Central Coordinator. Requests frequently include records maintained in several Departments. The City is not required to create a record that does not exist, compile data, nor respond to questions, other than to produce cunently maintained records in the form they are kept. This Administrative Order does not apply to routine requests for Police and Fire Department reports, which willcontinue to be handled internally by those Departments. The following procedures will be followed: 1. When a Department receives a request, either written or oral, it will immediately notify the Central Coordinator of the request and forward it, if written. Administrative Order 8-4 September 16,2014 Page 2 2. The Central Coordinator will log the request and will notify potentially affected Departments of the request. 3. The PRA Coordinator will compile responsive records, and forward them to the Central Coordinator. The PRA Coordinator will first examine the potential universe of records and remove those that are clearly not responsive. Any document in the possession or control of the Department may be required to be produced. 4. lf a requester seeks information from more than one Department or is unsure where or how to make the request, the Central Coordinator will assist the requester in framing the request and identifying the Department most likely to have responsive documents. The requester does not need to provide the City with a reason for requesting the records nor specify the Department that may maintain the records. 5. The Central Coordinator shall provide a written response to the requester within ten days of the City's receipt of the request as to whether the requested records will be made available, or whether additional time Ís necessary to respond. The response will include an estimated cost of providing the copies, and may require a deposit or prior payment. Fees for copíes shall be as set forth in the Master Fee Schedule. Copies of the response shall be provided to the affected Departments. 6. lf a requester seeks records in a specific format, for example, paper or electronic format, they must be produced in that format, so long as they were created in that format originally. lt is not necessary, even when requested, to produce hard copy records in electronic format, if the conversion would jeopardize the security of the original record or any proprietary software in which it is maintained. 7. E-mails prepared or used by public officials or public employees to assist in carrying out his or her dutíes or pertaining to the public's business may be public records subject to production. The Central Coordinator shall initiate all ISD searches for e-mails responsive to a request, with approval of the City Manager. Department Coordinators shall cooperate with and assist the Central Coordinator to refine the names of employees who may have prepared or maintained requested e-mails, so that efficient but thorough searches may take place. Depadment Coordinators should not run email searches for responsive documents. All e-mail searches must be approved by the City Manager. 8. ïhe City Attorney's Office will review responsive records to determíne whether a privilege or exemption may exclude a document from disclosure or whether the document should be redacted, prior to the Central Coordinator finalizing and providíng the responsive documents. Common privileges and exemptions include: attorney client privilege, legislative privilege, executive privilege, and specific exemptions provided in the Public Records Act. The Central Coordinator will work closely with affected Departments concerning the response. Administrative Order 8-4 September 16,2014 Page 3 9. The Central Coordinator will maintain a control copy, or list of documents provided, if the number is excessive, so that there is a clear record of what documents were produced. 10.The Central Coordinator will notify affected Departments of the final resolution of the response to a request. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-401 Agenda Date:10/23/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 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:ALAN JAMES, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT HEARING: Adopt a resolution ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) 1.*** RESOLUTION - Ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street RECOMMENDATION Staff recommends the City Council conduct the required public hearing and,at the close of the hearing,adopt the attached resolution ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street,and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3). EXECUTIVE SUMMARY FFDA Properties,LLC is requesting the vacation of portions of the northwest four feet of Stanislaus Street northeast of Fulton Street and the northeast four feet of Fulton Street northwest of Stanislaus Street as described in Exhibit “A”and shown on Exhibit “B”of the attached resolution,and a portion of the Fulton-Van Ness Alley from Stanislaus Street to approximately 250 feet northwest,as described in Exhibit “E”and shown on Exhibit “F”of the attached resolution.The purpose of the vacation is to accommodate development as proposed by Conditional Use Permit No.C-13-137 and Tentative Tract Nos. 6059 and 6060. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-401 Agenda Date:10/23/2014 Agenda #: BACKGROUND Conditional Use Permit No.C-13-137 proposes to construct an 85-unit residential and commercial mixed use development located on approximately 2.3 acres in the block bounded by Van Ness Avenue and Calaveras,Fulton and Stanislaus Streets.The project is proposed to consist of:12 two- story triplex buildings;2 three-story 20-plex buildings (comprised of 4 connected five-plex structures); and,2 three-story mixed use buildings (comprised of 3 live-work units with residential living area situated above ground floor commercial space). The Traffic and Engineering Services Division,other City departments and utility agencies have reviewed the proposed vacation and determined that the rights-of-way proposed for vacation are unnecessary for present or prospective public street or alley purposes subject to the reservation of a public utility easement over a portion of the area being vacated as described in Exhibits “C”and “E” and shown on Exhibits “D” and “F” of the attached resolution. On October 2,2014,the Council adopted Resolution of Intention No.1097-D,setting the time and place for the public hearing at 10:00 a.m.on October 23,2014,in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets,Highways,and Service Easements Vacation Law. The City Attorney's Office has approved the attached resolution as to form. The vacation,if approved by the Council at the public hearing,will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. The applicant's proposed plans for development would require modification if the vacation is denied. ENVIRONMENTAL FINDINGS The proposed vacation is included in the project description of Environmental Assessment No.C-13- 137/T-6059/T-6060 with a finding of Mitigated Negative Declaration that the proposed project will not have a significant adverse effect on the environment.The project was approved by the Planning Commission on May 21, 2014. A Notice of Determination was filed on July 3, 2014. LOCAL PREFERENCE Not applicable because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation.FFDA Properties,LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Vicinity Map Resolution City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-401 Agenda Date:10/23/2014 Agenda #: City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ N.T.S. ATTACHMENT 1 VICINilY MAP PREPARED BY: GARY GIANNffiA 1119 •s• STREET FRESNO, CA. 93721 (559) 264-3590 9/24/13 RESOLUTION NO. ____ _ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ORDERING THE VACATION OF PORTIONS OF THE NORTHWEST SIDE OF STANISLAUS STREET NORTHEAST OF FULTON STREET AND THE NORTHEAST SIDE OF FULTON STREET NORTHWEST OF STANISLAUS STREET, AND A PORTION OF THE FULTON-VAN NESS ALLEY NORTHWEST OF STANISLAUS STREET WHEREAS, pursuant to Resolution of Intention No. 1097-D, on file in the Office of the City Clerk of the City of Fresno (the City Clerk), a public hearing was held on October 23, 2014, at a regular meeting of the Council of the City of Fresno, California (the City), at which evidence was heard for and against the vacation of the hereinafter described public street and alley rights-of-way, situated within the City; and WHEREAS, FFDA Properties, LLC is requesting the vacation of portions of the northwest four feet of Stanislaus Street northeast of Fulton Street and the northeast four feet of Fulton Street northwest of Stanislaus Street as described in Exhibit "A" and shown on Exhibit "B" of the attached resolution, and a portion of the Fulton-Van Ness Alley from Stanislaus Street to approximately 250 feet northwest, as described in Exhibit "E" and shown on Exhibit "F", which are attached and incorporated in this Resolution; and WHEREAS, the purpose of the vacation is to accommodate development as proposed by Conditional Use Permit No. C-13-137 and Tentative Tract Nos. 6059 and 6060;and WHEREAS, the Traffic and Engineering Services Division, other City 1 of 5 Date Adopted: Date Approved: Effective Date: City Attorney Approval: IN!' Resolution No. departments and utility agencies have reviewed the proposed vacation and determined that the rights-of-way proposed for vacation are unnecessary for present or prospective public street or alley purposes subject to the reservation of a public utility easement over a portion of the area being vacated as described in Exhibits "C" and "E" and shown on Exhibits "D" and "F" of the attached resolution; and WHEREAS, the proposed vacation is included in the project description of Environmental Assessment No. C-13-137 rr -6059ff -6060 prepared for this project with a finding of Mitigated Negative Declaration that the proposed project will not have a significant adverse effect on the environment. The project was approved by the Planning Commission on May 21, 2014. A Notice of Determination was filed on July 3, 2014;and WHEREAS, this action is taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Sections 8300 et seq.). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1 . The Council finds from all the evidence submitted that the portions of the northwest four feet of Stanislaus Street northeast of Fulton Street and the northeast four feet of Fulton Street northwest of Stanislaus Street as described in Exhibit "A" and shown on Exhibit "8", which are attached to and incorporated in this Resolution, are unnecessary for present and prospective public street purposes. 2. The Council finds from all the evidence submitted that the Fulton-Van Ness Alley from Stanislaus Street to approximately 250 feet northwest, as described in 2 of 5 Exhibit "E" and shown on Exhibit "F", is unnecessary for present and prospective public alley purposes. 3. The public interest and convenience require, and it is hereby ordered, that as contemplated by Resolution of Intention No. 1097-D adopted by the Council on October 2, 2014, the public street rights-of-way described shown on Exhibit "A" and described in Exhibit "8, and the public alley right-of-way as described in Exhibit "E" and shown on Exhibit "F", be and are hereby vacated and abandoned. 4. The City reserves portions of the area to be vacated as a permanent easement, to be used any time, to construct, maintain, operate, replace, remove and renew sanitary sewers, water mains, storm drains, and appurtenant structures in, upon, and over the public street easement proposed to be vacated and, pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the public street right-of-way to be vacated. The portions of the area being vacated that are being reserved pursuant to this paragraph are described in Exhibits "C" and "E" and shown on Exhibits "D" and "F", which are attached and incorporated in this Resolution. 5. The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City, in the Office of the City Clerk. 3 of 5 6. The City Clerk shall file a certified copy of the Resolution for recordation in the Office of the Recorder of Fresno County. The vacation shall become effective on the date this Resolution is recorded. Ill Ill 4 of 5 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES NOES ABSENT ABSTAIN : Mayor Approval: --------------' 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 APPROVED AS TO FORM: DOUGLAS T. SLOAN CITY ATTORNEY'S OFFICE BY: -----------Tracy N. Parvanian, Deputy Dated: Attachments: Exhibits "A" through "F" 5 of 5 YVONNE SPENCE, CMC City Clerk BY: ------------Deputy Parcel1 Exhibit "A" Page 1 of 2 That portion of Fulton Street lying adjacent to Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows: BEGINNING at the most Westerly corner of said Block 88; thence Southeasterly along the Southwesterly line of said Block 88, said Southwesterly line also being the Northeasterly line of the Fulton Street right-of-way, a distance of 100.00 feet to the Southerly corner of Lot 29 of said Block 88; thence Southwesterly, along the Southwesterly prolongation of the Southeasterly line of said Lot 29, a distance of 4.00 feet; thence Northwesterly, parallel with and 4.00 feet Southwesterly of said Southwesterly line, a distance of 96.00 feet, more or less, to a point being 4.00 feet Southeasterly from the Southwesterly prolongation of the Northwesterly line of Lot 32 of said Block 88; thence Northerly, a distance of 5.66 feet, more or less, to the Point of Beginning . Parcel2 Exhibit "A" Page 2 of 2 That portion of Fulton Street and Stanislaus Street lying adjacent to Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows : BEGNNING a the most Westerly corner of Lot 26 of said Block 88; thence Southeasterly along the Southwesterly line of said Block 88, said Southwesterly line also being the Northeasterly line of the Fulton Street right-of-way, a distance of 250.00 feet to the most Southerly corner of said Block 88; thence Northeasterly along the Southeasterly line of said Block 88, said Southeasterly line also being the Northwesterly line of the Stanislaus Street right-of-way, a distance of 320.00 feet to the most Easterly corner of said Block 88; thence Southeasterly, along the Southeasterly prolongation of the Northeasterly line of said Block 88, a distance of 4.00 feet; thence Southwesterly, parallel with and 4 .00 feet Southeasterly of said Southeasterly line, a distance of 316.80 feet, more or less, to a point that lies 7.20 feet Northeasterly from the intersection of said line parallel with and 4 .00 feet Southeasterly of said Southeasterly line of Block 88, with a line parallel with and 4.00 feet Southwesterly of said Southwesterly line of Block 88; thence Westerly, a distance of 10.18 feet, more or less, to a point on said line parallel with and 4.00 feet Southwesterly of said Southwesterly line of Block 88, that lies 7.20 feet Northwesterly from said intersection; thence Northwesterly, along last said parallel line, a distance of 246.80 feet, more or less, to the intersection with the Southwesterly prolongation of the Northwesterly line of Lot 26 of said Block 88; thence Northeasterly, along said Southwesterly prolongation, a distance of 4.00 feet to the Point of Beginning . DETAIL A SCALE : 1"=20' REF. & REV. FILE NO . C-1 3-137 n 6059 n 6060 EXHIBIT "8" B838l HATCHED AREA TO BE VACATED PARCEL 1 AREA = 392± sa . FT. PARCEL 2 AREA = 2,270± sa . FT. INI SCALE: 1' • 80' ~ ~·--~· .. ·-------~' 80 40 0 80 '~ .. ··· 7 .. ··· '~ '~~ ~ .. ~ '~ ' .. ···········: ... ··········:~.--·~···_ ...... 000 •• •• .··10 ° 00 ~~~ ••• 0000000 0000000 000 .1·1 -·~c:..-\~---· . . . "\"" . . . ...... · . _..-;;P"' ;.~&; 2 .. / CITY OF FRESNO .. ·· .. ·· .··"13 . ..·· GNrf GIANNEITA 1119 -s• STREET FRESNO, CA. 93721 (559) 264-3590 PROJ . 10. ---- FUND NO. ---- ORG. NO. A PORTION OF THE TOWN (NOW CllY) OF FRESNO DR . BY: B. GIANNETTA CH BY: DATE : SCALE : AS NOTED '~ ' 8/22/14 SHEET NO . 1 OF 1 SHEET 15-A- Exhibit "C" That portion of Stanislaus Street lying adjacent to Block 88 of the Town (now City) of Fresno, recorded in Volume 1 of Plats, Page 2, Fresno County Records, described as follows: BEGNNING a the most Easterly corner of Lot 17 of said Block 88; thence Northeasterly along the Southeasterly line of said Block 88, said Southeasterly line also being the Northwesterly line of the Stanislaus Street right-of-way, a distance of 20 .00 feet to the most Southerly corner of Lot 16 of said Block 88; thence Southeasterly, along the Southeasterly prolongation of the Southwesterly line of Lots 1 through 16, inclusive, of said Block 88, a distance of 4.00 feet; thence Southwesterly, parallel with and 4.00 feet Southeasterly of said Southeasterly line, a distance of 20.00 feet, more or less, to the intersection with the Southeasterly prolongation of the Northeasterly line of Lots 17 through 32, inclusive, of said Block 88; thence Northeasterly, along last said Southeasterly prolongation, a distance of 4 .00 feet to the Point of Beginning. EXHIBIT "0" HATCHED AREA TO BE RESERVED AS A PUBUC UTIUTY EASEMENT AREA = 80± SQ. FT. 32 .... ..... ~1 \A~-~··· .·· 466-~ .. .... ·JIP~ .. ·· 30 .. ··· ... .·· ... ..,9 .· ... . · ..................... 28 ~"''~~_,f/l' ... .... tff ~27 26 .. ··25 ... . ·· .. ··.., .·· .. ·· ...... 4 .·· .,3 .· .. · .·· ...... . .. .·· .. ·· .·· .· -\~··· .·· .... ..... ~~..::\4!> / . . ·· ·}IP~ .· ..,.., .·· .. ········ ."'.~_>·· •• •• ••• •• ••• .&....I.. •• •• .. ·· .. ··· .. ··· 21 .· .. · .. ··· .. ····· .... ~0 .. ···· .·· ....... ·· .. ··· .. ···19 .. ··· .· .· .· .·· .·· .···a ..- .• •• •·•• .• •·• I .··i·; .·· .. ··· .. ·· .. ·· .. ·· . .· REF. & REV. CITY OF FRESNO FILE NO . C-13-137 n 6059 n 6060 A PORTION OF THE TOWN (NOW CITY) OF FRESNO INI SCALE: 1' • 80' ' \ \ \ \ I I I I I 00' I . ,/ ..... ,, ............. ___ .,..,. .DE.!AIL SCALE : 1·=20' PROJ . 10. ---- FUND NO.--- ORG. NO. DR. BY: B. GIANNETTA CH BY: DATE : SCALE : AS NOTED 8/22/14 SHEET NO . 1 OF 1 SHEET 15-A- Exhibit "E" That portion of the Alley, lying within Block 88 of the Town (now City) of Fresno , recorded in Volume 1 of Plats, Page 2, Fresno County Records , described as follows : BEGINNING at the Westerly corner of Lot 7 of said Block 88; thence Southeasterly along the Southwesterly line of Lots 7 through 16, inclusive , of said Block 88 , said Southwesterly line also being the Northeasterly line of said Alley , a distance of 250.00 feet to the Southerly corner of Lot 16 of said Block 88 ; thence Southwesterly along the Northwesterly line of the Stanislaus Street right -of-way, a distance of 20 .00 feet to the Easterly corner of Lot 17 of said Block 88 ; thence Northwesterly along the Northeasterly line of Lots 17 through 26 , inclusive , of said Block 88, said Northeasterly line also being the Southwesterly line of said Alley right-of-way; thence Northeasterly, a distance of 20 .00 feet to the Point of Beginning. REF . & REV. FILE NO . C-13-137 n 6060 EXHIBIT "F" HATCHED AREA TO BE VACATED AS A PUBLIC ALLEY AND RESERVED AS A PUBLIC UTILITY EASEMENT AREA = 5,000± SQ . FT. CITY OF FRESNO A PORTION OF THE TOWN (NOW CITY) OF FRESNO INI SCALE: 1' • 80' PREPARED BY: GIRf GIANNETTA 1119 "S" STREET FRESNO, CA. 93721 (559) 264-3590 PROJ. 10. ---- FUND NO.--- ORG. NO. 8/22/14 DR. BY: B. GIANNETTA CH BY: SHEET NO . 1 OF 1 SHEET 15-A-DATE : SCALE : AS NOTED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-492 Agenda Date:10/23/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:ANDREW HALL, Captain Police Department SUBJECT HEARING pertaining to the establishment of a non-exclusive towing operation franchise for certain towing operators to participate in the Police Department’s tow car rotation list 1.*** BILL NO. B-43 (Intro. 10/9/2013) (For adoption) - Granting to towing operators a non- exclusive franchise to participate in the Fresno Police Department’s tow car rotation list and a final vote to approve the non-exclusive towing operation franchise 2.*** BILL NO. B-44 (Intro.10/9/2014) (For adoption) - Amending Article 17, Chapter 9 of the Fresno Municipal Code relating to tow trucks RECOMMENDATIONS It is recommended that Council authorize the Chief of Police to execute a three-year Non- Exclusive Franchise Tow Agreement (the “Agreement”) with several local tow operators for the towing and storage of vehicles impounded by the Fresno Police Department. It is also recommended that the Council amend Article 17, Chapter 9 of the Fresno Municipal Code (“FMC”) as it relates to tow trucks. EXECUTIVE SUMMARY This Agreement with the tow operators will replace the existing non-exclusive franchise tow agreement which expires on December 27,2014.This Agreement contains subtle changes, including modification of the provision related to changes in ownership or control of the tow operators.Such change now enables transfer of ownership/control to “immediate family members”as defined in FMC section 3-101(e).The other substantial change to the Agreement modifies a tow operator’s appeal rights for major violations of the Agreement. To facilitate such changes to the Agreement,Article 17,Chapter 9 of the FMC must be amended. Additional minor amendments to Article 17,Chapter 9 of the FMC have also been proposed for City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-492 Agenda Date:10/23/2014 Agenda #: Additional minor amendments to Article 17,Chapter 9 of the FMC have also been proposed for ease of reading comprehension. The proposed Agreement and changes to Article 17,Chapter 9 of the FMC have been reviewed and approved by the City Attorney’s office.The insurance requirements and indemnification provisions have been reviewed and approved by the City’s Risk Manager. BACKGROUND This Agreement closely mirrors our previous non-exclusive tow franchise agreement that has been in effect for the last three years.This Agreement will continue to allow our local tow companies to release impounded vehicles directly from the tow yard seven days a week.The tow operators will continue to collect the City’s administrative fees from the registered owners,or pay the administrative fees for those vehicles not picked up by their owners. The Agreement also continues to mandate that tow companies utilize Dispatch and Towing Software (“DTS”).DTS allows the Police Department to manage,control,and audit our contracted tow companies.This software provides an internet portal to assist citizens with locating their impounded vehicles and allows them to view an invoice associated with the impounded vehicle before going to the tow yard.DTS has been extremely beneficial in providing oversight of our tow operators and tracking vehicles that have been impounded by the Police Department. In the prior non-exclusive franchise tow agreement,tow operators who were facing a suspension for violations of the agreement were required to appeal through the City of Fresno’s administrative hearing officer,which often led to lengthy delays in having their appeal heard.During these delays, tow operators were not allowed to tow for the City of Fresno,which placed them in undue financial hardship.Under this Agreement,the tow operators waive their appeal rights for minor violations involving potential suspensions of thirty (30)days or less.Such appeals would instead be heard by the Chief of Police or his/her designee.For suspensions in excess of thirty (30)days,or terminations of the agreement,the tow operators retain the right for their appeals to be heard by the City of Fresno’s administrative hearing officer. Many of the tow operators providing towing service for the City of Fresno have been operating their business in excess of 20 years.The vast majority of our tow operators are small business owners and would like the ability to transfer control of their business to an immediate family member upon retirement or death.The current ordinance does not allow for any change of ownership/control.The proposed changes to Article 17,Chapter 9 of the FMC allow these business owners to effectively transfer ownership/control to an immediate family member as defined by the code,subject to prior written approval by the Chief of Police. ENVIRONMENTAL FINDINGS Not applicable since the ordinance and agreement do not constitute a project. LOCAL PREFERENCE Not applicable since no goods or services are being procured by the City. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-492 Agenda Date:10/23/2014 Agenda #: FISCAL IMPACT There is no impact to the General Fund. Attachments: Resolution of Intent with Non-exclusive Franchise Tow Agreement Fresno Municipal Code Article 17, Chapter 9 with proposed changes City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ 1 of 34 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF INTENTION BY THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ESTABLISH NON-EXCLUSIVE TOWING OPERATION FRANCHISES AND SET A DATE FOR PUBLIC HEARING RESOLVED, BY THE City Council of the City of Fresno, California, that: WHEREAS, pursuant to Article XIII of the Charter of the City of Fresno, proceedings for the establishment of non -exclusive towing franchises may be instituted by the legislative body by Resolution of Intention to adopt an Ordinance granting the franchises; and WHEREAS, this Council, as a legislative body of the City of Fresno (“City”), hereby determines that it is in the best interest of the City that this Council insti tute proceedings for the establishment of non-exclusive towing franchises pursuant to the Charter in order to facilitate the placement of towing operators on the City of Fresno Police Department’s Tow Truck Rotation List; and WHEREAS, in the event the non-exclusive towing franchises are established, it is the intention of the City to place each of these non -exclusive franchise towing operators on a Rotation List to facilitate and assist the City in towing vehicles consistent with Article 17, Chapter 9 of the Fresno Municipal Code (“Code”). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The above recitals are true and correct. 2. Numerous non-exclusive towing franchises are proposed to be established under the terms of Article XIII, “Franchises” of the City Charter. 3. The City Council hereby finds and determines that the grant of non - exclusive towing franchise for Police generated tows to those towing operators identified on Exhibit “A,” attached hereto and incorporated herein, is in the public interest. The franchises granted herein are awarded, for a period of 3 years from the date of final passage of the franchise Ordinance, provided that the provisions of this Resolution, Non - Exclusive Franchise Agreement, and the Code have been agreed to in writing by the Grantee and the Grantee has executed the Non -Exclusive Franchise Agreement and the City received and approved the insurance and documents required by such agreement. 4. The grant of these non-exclusive franchises will be expressly subject to the provisions of Article 17, Chapter 9 of the Code and compliance with all terms and conditions of the Non-Exclusive Franchise Agreement and performance standards adopted by the City Police Chief. 5. All Grantees shall during the term of their franchise pay to the City the franchise fee set forth from time-to-time by Council Resolution, as well as all other applicable taxes, fees and charges payable by the Towing Operators. 6. The Police Chief is hereby authorized to adopt rules for towing operators regarding standards for service, hours of operation, etc., to insure that the purposes of the grant of these non-exclusive franchises are archived. 7. The form of the Non-Exclusive Franchise Agreement attached hereto as Exhibit “B” is incorporated by reference and is hereby approved. The Police Chief is authorized to execute the same on behalf of the City. The Police Chief is further authorized to execute amendments to such Non - Exclusive Franchise Agreement consistent with the purpose and intent of the franchise ordinance, subject to review and approval by the City Attorney’s Office. 8. A public hearing on the granting of these non -exclusive franchises shall be held at 10:00 a.m., or as soon thereafter as practical on Thursday, October 23, 2014, at the regular meeting of the City Council, Fresno City Hall, 2600 Fresno Street, Fresno, California 93721. The hearing may be continued from time to time as permitted by the Code. 9. At the time and place set forth in this Resolution for the public hearing, any interested person may appear and be heard, and the testimony of all interested persons for or against the granting of non-exclusive towing franchises will be heard and considered. Any protest may be made either orally or in writing. All written protests shall be filed with the City Cl erk on or before the time fixed for the public hearing, and written protest may be withdrawn in writing at any time prior to the conclusion of the hearing. 10. The City Clerk is hereby directed to publish a Notice (“Notice”) of the hearing as defined in Section 1301 of the Charter of the City of Fresno, in the form required by the Charter, within fifteen (15) days of the passage of this Resolution, in a newspaper of general circulation within the City. Said Notice shall be published at least ten (10) days prior to the date of the hearing. 11. At the conclusion of the hearing, if the Council determines to grant non-exclusive towing franchises, it shall adopt an ordinance granting the franchises on the terms and conditions specified in this Resolution. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of October, 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Mary Anne B. Tooke [Date] Deputy Attachments: Exhibit A Exhibit B MAT:pn[65575pn/RESO] Rev. 09-03-14 EXHIBIT “A” EXHIBIT “A” FPD NO PREFERENCE ROTATION TOW LIST QUICK REFERENCE (Reminder *Have vehicle owners call office FIRST to find out exact storage location) Name Storage Address Zip Code Phone FAX Owner 76 Towing 1805 N. Lafayette #102 93705 486-7033 486-8230 Richard McCracken A&R Towing 3282 W. Lansing Way 93722 225-9364 226-4924 Alice Frantzich Ace Towing 1420 N. Hughes *PO Box 26645 93728 93729 222-4236 442-0448 Ace Avedisian Action Towing 2822 E. California 93721 498-9999 498-9949 John Decicco Ark Towing 1420 N. Hughes *4770 N Ila 93728 93705 222-7609 224-0709 Craig Frantzich B&K Towing 3208 W. Lansing 93722 226-4233 226-0653 Janice Barnes Bauers Auto 103 N. Thorne 93706 233-9121 233-9046 Ed Mason/ Sharon Bauers-Mason Budget Towing 4066 E. Church 93725 283-2090 268-1015 Donald Bartlett Bulldog Towing 1805 N. Lafayette #101 93705 486-7038 486-8230 Kevin McCracken C&K Towing 3229 W. Lansing Way *PO Box 9637 93722 93793 226-0140 243-9860 Ryan Reeves Custom Towing 1420 N. Hughes *42485 Ranger Circle Way – Coarsegold 93728 93614 287-5133 486-0100 Kenneth Johnson D&B Towing 4619 E. White *5375 N. McCall, Clovis 93702 93619 255-4981 297-7778 Robert Barnes D&K Towing 4568 E. Home 93703 251-8270 255-9278 David Boyko Dennis Towing 1801 Sacramento 93721 226-8219 268-2264 Dennis Avedisian Discount Towing 1326 N. Jackson 93703 229-2700 455-1824 Roy Johnson Econo Towing 1523 N. Maple 93703 456-9310 456-9314 Robert Kodman Ed-Nic Towing 4533 E. Floradora 93702 252-2541 252-4629 Horace (Jay) Bruno Fortney Towing 2501 N. Business Park 93727 292-1114 292-9535 Debra Fortney Frontier Auto 4784 E. Carmen 93703 974-0465 452-1575 Chris Clark Herndon Towing 5030 E. Jensen 93725 431-3334 431-5535 James D. Deatherage Johnson Bros 2622 W. McKinley 93703 226-0629 268-0755 Shaun Johnson Kevin’s Towing 3223 W. Saginaw 93722 227-7930 227-7940 Kevin Barnes Lamona Towing 2740 E. Jensen 93706 237-9159 497-6640 Doug Dunbar Mike’s Towing 4549 E. Pine 93703 251-2361 251-2948 Mike Dockstader Nelly’s Towing 631 N. Maple 93702 273-6619 237-1467 Juan Flores Ray’s Towing 1463 N. Maple 93703 251-5244 252-2228 Ray & Monte Evans RR-M Reyna 1811 E. Hedges 93703 485-8236 485-6233 Raul Reyna Robinsons Towing 1830 E. University 93703 233-9185 266-2541 Larry Andres RR-M Reyna 4625 N. Golden State 93722 275-4823 275-9985 Raul and Sue Romo Rons Towing 3252 W. Lansing Way 93722 277-9364 226-4925 Ron Frantzich Steve’s Towing 2005 W. Hedges 93728 224-1370 264-4625 Miguel A Valdovinos Thrifty Towing 3456 E. Church 93725 259-3663 353-2446 Robert Bartlett Tips Automotive 2914 Phillip, Clovis 93612 227-4840 346-1848 Jeff Banks Tow City 1380 N. Sierra Vista 93703 260-6416 251-6771 Rae Burton Walt’s Towing 1820 E. University 93703 307-2804 233-8843 Tiffany Lawley * mailing address EXHIBIT “A” EXHIBIT “B” CITY OF FRESNO NON-EXCLUSIVE FRANCHISE TOW AGREEMENT FOR FRESNO POLICE DEPARTMENT This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the “effective Date” set forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and [Tow Operator Name], [Legal Identity] (the Tow Operator). This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this Agreement. 1. Governing Law and Venue This Agreement shall be governed by, and construed 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 the County of Fresno, California. 2. Entire Agreement This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or commencement of performance hereunder, contains the entire Agreement between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. 3. Amendments No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. 4. Assignment or Sub Contracting The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the performance or any portion of this Agreement without the express written consent of City shall be invalid and shall constitute a breach of this Agreement. EXHIBIT “B” 2 5. Patent/Copyright Materials/Proprietary Infringement Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a license or other authorization to use any patented or copyrighted materials in the performance of this Agreement. Tow Operator war rants that any Software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator agrees that, in accordance with the more specific requirement b elow, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, but not limited to, attorney’s fees, costs and expenses. 6. Non-Discrimination In the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section 1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code. 7. Termination In addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement without penalty immediately with cause and either party may terminate after thirty (30) days written notice without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the Agreement shall relieve City of all further obligation. 8. Consent to Breach Not Waiver No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 9. Remedies Not Exclusive The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not preclude resort by either party to any other remedies provided by law. 10. Independent Tow Operator Tow Operator shall be considered an indep endent Tow Operator and neither Tow Operator, its employees nor anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow Operator, its employees nor anyone working under Tow Operator, shall qualify for workers’ compensation or other fringe benefits of any kind through City. EXHIBIT “B” 3 11. Performance Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform the work to City’s satisfaction. Tow Operator shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work; and, if permitted to subcontract, be fully responsible for all work performed by sub -Tow Operators. 12. Indemnification A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and authorized volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Tow Operator, or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen dire ctly or indirectly out of performance of this Agreement. Tow Operator's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or authorized volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers. B) If Tow Operator should subcontract all or any portion of the work to be performed under this Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and authorized volunteers in accordance with the terms of the preceding paragraph. C) This section shall survive termination or expiration of this Agreement. 13. Insurance A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager. The following policies of insurance are required: 1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of Insurance Services Office (ISO) Commercial EXHIBIT “B” 4 General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000 aggregate for products and comple ted operations and $2,000,000 general aggregate. 2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in the care, custody, and control of the Tow Operator with limits of liability of not less than $120,000 per occurrence for property damage. 3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and property damage. 4) ON-HOOK/CARGO insurance which shall include coverage for vehicles in tow with limits of liability based on the size of the tow truck, which are as follows: a) Class A/B tow truck…………………………$120,000 b) Class C tow truck……………………………$200,000 c) Class D tow truck……………………………$300,000 5) WORKERS’ COMPENSATION insurance as required under the California Labor Code and EMPLOYERS’ LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. B) Tow Operator shall be responsible for payment of any deductibles contained in any insurance policies required hereunder a nd Tow Operator shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance and approved by the City’s Risk Manager or his/her designee. At the optio n of the City’s Risk Manager, or his/her designee, either: 1) The insurer shall reduce or eliminate such deductibles or self -insured retention as respects City, its officers, officials, employees, agents and volunteers; or 2) Tow Operation 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. EXHIBIT “B” 5 At no time shall City be responsible for the payment of any deductibles or self-insured retentions. C) The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar days written notice in favor of City of policy cancellation, change or reduction of coverage, except for the Workers’ Compensation policy which shall provide ten (10) calendars day written notice of such cancellation, change or reduction of coverage. In the event any policies are due to expire during the term of this Agreement, Tow Operator shall provide a new certificate and all applicable endorsements evidencing renewal of such policy prior to the expiration date of the expiring policy(ies) to the Chief of Police, or his/her designee, and the City’s Risk Division. Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City’s Risk Division, a new certificate and all applicable endorsements for such policy(ies). D) The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow Operator’s insurance shall be primary with respect to the City, its officers, officials, employees, agents and authorized volunteers with no contribution required of City. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of the Agreement. E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this Agreement . City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents, employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. F) Upon request of City, Tow Operator 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 of this Agreement. G) If at any time during the life of the Agreement or any extens ion, Tow Operator fails to maintain the required insurance in full force and effect, all EXHIBIT “B” 6 work under this Agreement shall be discontinued immediately until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. H) If Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator shall require each subcontractor to provide insurance protection in favor of the City, its officer, officials, employees, agents and authorized volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file with the Tow Operator and City prior to the commencement of any work by the subcontractor. 14. Bills and Liens Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold Ci ty harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 15. Change of Control Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator’s business prior to completion of this Agreement, unless such change or transfer is to “immediate family” as defined in Fresno Municipal Code (FMC) section 3 - 101(e) and approved in writing by the Chief of Police, or his/her designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in: Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or transfers to “immediate family” must be approved by the Chief of Police, or his/her designee, prior to such change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her designee. All “immediate family” members involved in the potential transfer and operation of the Tow Operator shall be required to undergo a background check, review, and “Livescan” fingerprint screening. The “immediate family” members involved in the change or transfer of ownership or control must also possess and keep current all licensing certificates and insurance as required in this Agreement. The “immediate family” members who will operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA. A) Tow Operator owners shall be directly involved in the day-to-day operations of their business and shall not be directly involved in the towing-related business of any other tow company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business, offices, board members, and finances is strictly prohibited. B) If terminated or suspended, Tow Operator and/or its owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the EXHIBIT “B” 7 duration of the suspension or termination. This section applies to the Tow Operator working in any capacity within any tow business or operating any tow business and to the tow business even if operated under new ownership. C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List, excluding equipmen t which may be unavailable due to repairs or when there is a need for equipment replacement and written approval is obtained from the Chief of Police or his/her designee. 16. Force Majeure Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of any available remedies. 17. Confidentiality Tow Operator agrees to maintain the confidentiality of all City and City -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Agreement. All such records and information shall be considered confidential and kept confidential by Tow Operator and Tow Operator’s staff, agents and employees. 18. Compliance with Laws Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at Tow Operator’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations, including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Tow Operator acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs, and expenses arising from or related to a violation of Laws. 19. Pricing The Agreement price shall include full compensation for provi ding all required services in accordance with the Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in Attachment “B”, or “City Administrative / Franchise Fees”, in accordance with Paragraph 25 of Attachment “A”. 20. Terms and Conditions Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in this Agreement. EXHIBIT “B” 8 21. Severability If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 22. Calendar Days Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 23. Attorney Fees If either party is required to commence any proceeding or legal action to enforce any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable Attorney’s fees and legal expenses. 24. Interpretation This Agreement has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, each party has been represented by experienced and kno wledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoev er in executing this Agreement by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purpose of the parties and this Agreement. 25. Authority The parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitute the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 26. Employee Eligibility Verification Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Agreement meet the citizenship or alien status requir ement set forth in Federal statutes and regulations. Tow Operator shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law. Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Tow Operator or City or both in connection with any alleged violation of any Federal or EXHIBIT “B” 9 State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Agreement. 27. Additional Terms and Conditions A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be effective for three (3) years from that date, unless otherwise terminated by City. B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary appropriations being made by the City for each year during the term of this Agreement. If such appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow Operator acknowledges that funding or portions of funding for this Agreement may also be contingent upon the receipt of funds from, and/or appropriation of funds by City. If such funding and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty. C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to prevent any actions or conditions that result in a conflict with the best interest of City. This obligation shall apply to Tow Operator, Tow Operator’s employees, agents, relatives, and third parties associated with accomplishing the work hereunder. Tow Operator’s efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which could be deemed to appear to influence individuals to act contrary to the best interest of City. D) Tow Operator Work Hours and Safety Standards : Tow Operator shall ensure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and City safety and health regulations and laws. E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of execution of the Agreement. In addition, each party will assist the other Party in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as may be necessary for the orderly, non -disruptive business continuation of each party. F) Reprocurement Costs: In the case of default by Tow Operator, City may procure the service from other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the difference between the Agreement cost and the price paid. City may make reasonable efforts to obtain the prevailing market price at the time such services are rendered. This is in addition to any other remedies available under law. EXHIBIT “B” 10 G) Authorization Warranty: Tow Operator represents and warrants that the person executing this Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all requirements of Tow Operator have been fulfilled to provide such actual authority. H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly given (1) upon actual delivery, if delivery is by hand; or (2) upon delivery by the United States mail if delivery is by postage paid registered or certified return receipt requested mail; or (3) through electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS). I) Data – Title to: All materials, documents, data or information obtained from City data files or any City medium furnished to Tow Operator in the performance of this Agreement will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Tow Operator after completion or termination of this Agreement without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Agreement. J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply services and/or commodities requested, as needed by City, at prices listed in the Agreement, regardless of quantity requested. K) Tow Operator’s Records: Tow Operator shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Tow Operator in accordance with generally accepted accounting principles. These records shall be stored at the Tow Operators principal place of business for a period of three (3) years after final payment is received by City. L) Audits/Inspections: Tow Operator agrees to permit City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or audit will be confined to those matters connected with the performance of the Agreement including, but not limited to, the costs of administering the Agreement. City reserves the right to audit and verify Tow Operator’s records before or after final payment is made. EXHIBIT “B” 11 Tow Operator 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 under this Agreement or by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Tow Operator agrees to include a similar right to City to audit records and interview staff of any sub-Tow Operator related to performance of this Agreement. M) Should Tow Operator cease to exist as a legal entity, Tow Operator’s records pertaining to this Agreement shall be forwarded to the Chief of Police or his/her designee. 28. Disputes-Agreement A) The Parties shall deal in good faith and attempt to resolve potential disputes informally. 1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Agreement, unless City, on its own initiative, has already rendered such a final decision. 2) Tow Operator’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Agreement, Tow Operator shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Agreement adjustment for which Tow Operator believes City is liable. B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement, Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator ’s failure to diligently proceed shall be considered a material breach of this Agreement. C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as applicable. If City fails to render a decision within ninety (90) days after receipt of Tow Operator’s demand, it shall be deemed a final decision adverse to Tow Operator’s contentions. City’s final decision shall be conclusive and binding regarding the dispute unless Tow Operator commences action in a court of competent jurisdiction. 29. Breach of Agreement The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement shall be a material breach of this Agreement. In such event the City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or any combination of the following actions: EXHIBIT “B” 12 1) Afford the Tow Operator written notice of the breach and ten calendar days or such shorter time that may be specified in this Agreement within which to cure the breach; 2) Suspend and/or remove Tow Operator from the rotation; 3) Terminate the Agreement immediately, without any penalty. The Parties hereto have executed this Agreement. TOW OPERATOR: By: Title: Print Name: Date: TOW OPERATOR*: By: Title: Print Name: Date: *If a corporation or limited liability company, the document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or any Vice President. The second signature must be the secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the alternative, a single signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the signature to bind the company. CITY OF FRESNO, A municipal corporation By: Date: Jerry Dyer, Chief of Police APPROVED AS TO FORM DOUGLAS T. SLOAN City Attorney By: Date: Deputy ATTEST: YVONNE SPENCE, CMC City Clerk By:: Date: Deputy EXHIBIT “B” 13 ATTACHMENT A SCOPE OF WORK 1. Scope of Work Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles, labor, materials, equipment, machinery, and tools. The Tow Operator shall comp ly with all State laws and regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all towin g related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC) sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of this section will be considered a material breach of the Agreement and may result in immediate termination of this Agreement. 2. Towing Services and Duties It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area of such street (CVC section 27700(a)(1)). It shall also be the duty to provide for the saf ety and security of those vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the basic tow bill. The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being towed. The business card shall contain the name, address and phone number of the tow company as well as the link to the vehicle search system in DTS as follows: www.findmytow.com Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for towing. The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company shall maintain custody over these vehicles at any time. If an officer impounds a vehicle for evidence and a non -preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene as to whether a vehicle is to be held for evidence. If it is determined that the vehicle is to be held for evidence, the tow driver must immediately no tify the officer on scene that the company is not authorized to handle evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the Tow Unit on the EXHIBIT “B” 14 same business day, or within the next business day if such tow occ urs after regular business hours. Acceptance of an evidence tow by a non -designated evidence tow company will result in disciplinary action and full financial responsibility for all tow and storage fees for each violation. If terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the Tow Operator working in any capacity within any tow business or operating any tow business and to the tow business even if operated under new ownership. Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need for equipment replacement and written notice has been obtained from FPD. 3. Special Operations FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good standing with FPD may be invited to participate in these operations, provided they are willing to remain with the special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or other) received during the duration of the operation. “Good standing” shall mean that Tow Operator has not violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law. All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has been approved by FPD. 4. Signage and hours of Operation The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per week for the release of vehicles. Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30) minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07 and include an a fter-hours contact phone number for Tow Operator. 5. Response Time Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum response time limits as established by the Chief of Police or his/her designee. A reasonable response time is thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., (Monday EXHIBIT “B” 15 through Friday), when the required response time will be extended to forty-five (45) minutes or less. Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS System. 6. Non-Response The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. If the Tow Operator is either unab le to respond or unable to meet the maximum response time, the tow operator shall immediately update the DTS System accordingly. If, after accepting the call, the Tow Operator is unable to respond or will be delayed in responding, the Tow Operator shall i mmediately update the DTS system accordingly. To decline or refuse to respond will be considered a non -response. Each non- response will be immediately documented in the DTS System. Each non -response will be logged by the DTS System and reviewed by the City. If the fault for the non- response is attributed to other than the Tow Operator, the Tow Operator will be placed back in the rotational list and called at the next opportunity in line. One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for a (30) thirty -day suspension of this Agreement. A third violation will be considered a material breach of the Agreement and may result in immediate termination of this Agreement. In the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination remain protected under this Agreement as City’s impounds and the Tow Operator is so bound. The City will have the option to remove and/or transfer stored vehicles. When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity, such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS system at least forty -eight (48) hours in advance. City reserves the right to deny these requests to maintain adequate service levels for tow operations. Failure to notify the City will be c onsidered a non- response and a material breach of this agreement. 7. Storage Responsibilities It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed by the City. The Tow Operator shall be resp onsible for all vehicles, accessories and equipment thereon and all personal property therein stored by Tow Operator. It shall be the Tow Operators’ duty to protect such stored vehicles, accessories, equipment, and property against all loss or damage by f ire, theft or other causes. The Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local zoning, special use, conditional use and special requirements, laws and regulation. It is the responsibility of the Tow Operator to ensure vehicles are stored in a secured facility. 8. Size and Location of Storage Facility EXHIBIT “B” 16 The tow yard shall be located within the City of Fresno’s “Metropolitan Area.” Metropolitan area is defined as within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east, and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall follow the current Development and Resource Management Department’s Policy and Procedure C -002. If the tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the yard is in compliance with the authoriz ing jurisdiction. Tow Operator is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. The storage facility and business office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly fashion. The facility shall have a telephone, on -site fax machine and the necessary computer equipment to properly run DTS software and to send and receive email. In the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to assist in preventing such crimes. These measures could include, but are not limited to: the yard being illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire yard may be accomplished at all times, improved fencing and/or security patrols. All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing service storage lot unless the City, or in t he case of a citizen’s assist, a person legally in charge of the vehicle, requests that it be taken to some other location. All vehicles towed as a result of action taken by the City will be stored at the Tow Operator’s principal place of business unless directed otherwise by the City’s Tow Coordinator. Vehicles stored at an auxiliary storage facility will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a stored vehicle. If the registered owner removes personal property from a stored vehicle, the Tow Operator will maintain documentation of such and will require a signed receipt from the registered owner for property released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous materials are found in the vehicle(s). 9. Enclosed Facility The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at the Tow Operator’s primary storage yard. This inside facility is not required to qualify for the City’s rotation, however, when inside storage is EXHIBIT “B” 17 requested for a particular vehicle, the next Tow Operator in line meeting the needs of the City’s request will be used. 10. DTS Requirements Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track, via a web -based Internet connection. Tow Operators will be required to enter the towed vehicle information as instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software program with the owner of that proprietary software. The City shall not provide the DTS software program, any licensing or sub -licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to the City‘s satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in “real time” and all entries should reflect as such. Invoices shall be used from DTS when releasing vehicles and be pursuant to section 22651.07 of the CVC. The on ly Tow Operator personnel authorized to utilize and access DTS are those that have fully complied with the provisions set forth in Section 12, “Tow Operator Personnel” of this Agreement. If the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be removed from the City towing rotation. In the event that DTS fails to provide software services, or the City elects to utilize a new software provider, the Tow Operator will be required to use the replacement towing software system. If that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the new software program. 11. Official Notification by City Regarding Tow Official notification by City regarding tow services is considered any form of written, email, verbal instructions or notifications received from an authorized City employee or electronic notice from the DTS program. If the Tow Operator receives verbal instructions or notifications f rom a City employee the Tow Operator must respond to City, by 5:00 p.m. (PST) on the next business day. 12. Tow Operator Personnel A.) Conduct The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City employee, or with any member of the public. The City reserves the right to cancel an individual tow assignment, if in the opinion of the City, the Tow EXHIBIT “B” 18 Operator is acting in a rude, uncooperative, argumentative, threate ning, incompetent or dangerous manner. The City also reserves the right to cancel an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle for which the tow service was called. Other examples of unacceptable behavior include but are not limited to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow, threatening, aggressive, or assertive language, failure to provide timely information or documents in response to a public or City inquiry, lack of respect to any City personnel or member of the public, destruction or damaging of evidence, failure to comply with the reasonable request of a member of the public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle during evening or weekend hours, failure to promptly be on site at time of appointment for release of vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City deems unprofessional. If the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered a material breach of this Agreement and may be grounds for immediate suspension or immediate termination by the City, without penalty. B.) Personnel Appearance Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each uniform shall have the firm’s name, as well as the employee’s name, in a conspicuous place. The tow company’s name and driver’s first name shall be clearly visible at all times, meaning that protective or inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform. Dress standards are required in order to project a professional and positive image to the public. All employees must be neat, clean and well groomed in appearance. In order to ensure a professional appearance, all tattoos must be concealed by operators while working. Personnel will be required to conceal any tattoo s with gloves, collars, long sleeves, or by other means acceptable to the City. Facial tattoos of any variety are not permitted. No facial piercings shall be worn while on duty. Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment. C.) Unlawful Activity EXHIBIT “B” 19 The Tow Operator or it’s employees shall not be involved, nor shall the Tow Operator or its employees become involved in any agreement or activity whether verbal, written or conveyed in any other manner, any activity or business venture which may be construed as unlawful. If the City deems the involvement to be unlawful, the City may immediately terminate this Agreement. The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any person or public or private entity, in consideration of arranging or requesting the services of a tow truck as provided in section 12110 of the CVC. No Tow Operator will be involved or solicit any compensation of any kind including but not limited to involvement with any other company or busin ess that might result in income or consideration as a result of any activity initiated by the City. An example of such a prohibited involvement could include but is not limited to: financial reimbursement by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto -body shop without prior unsolicited approval or request by the registered owner, driver or insurance company representative of the damaged vehicle; kickback to or from a security company or homeowner’s association for “finding” or towing a vehicle from a location, whether private property, public, off street parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination by City, without penalty. D.) Personnel Licenses Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper discharge of their service responsibilities. It will be the responsibility of the Tow Operator to ensure that all of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the CVC. All tow truck drivers and tow truck operators shall be enrolled in the “Pull Notice” program as defined in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five (5) years and copies of completion of the course shall be sent to the City. All Tow Operators and personnel shall have no criminal record which would preclude them from being placed in a position of trust while in the service of a law enforcement agency or any crime listed below under the heading of “Criminal Record.” E.) Fingerprints All owners and employees who have not previously submitted their “LiveScan” fingerprint samples shall submit their “LiveScan” fingerprint samples, at their own expense, through the City prior to being awarded this Agreement, for the purposes of verifying their criminal history with the Departmen t of Justice. Failure to provide information regarding the identity of the owner, employee, or anyone else with a financial interest in the Tow Operator will result in termination EXHIBIT “B” 20 of this Agreement. The Tow Operator will provide the City with information regarding any change in employee status immediately and update DTS to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered a breach of this Agreement. After execution of this Agreement, no person shal l be employed by the Tow Operator or perform any service under this Agreement until the background record check and “LiveScan” is completed and approved by the City and said employee has received their identification badge from the City. Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous Tow Service Agreement and have completed a new background and “LiveScan” check will be allowed to continue to tow for the City until such time as the results of the background and “LiveScan” submissions are reviewed and approved by the City. Any employee of the Tow Operator that has left employment with said Tow Operator and returned and been rehired must complete an additional background check before performing services pursuant to this Agreement F.) Criminal Record A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator, including but not limited to any of the following offenses, may be cause for denial of application or termination of this Agreement:  Any crimes listed in California Penal Code section 290  DUI-Within 5 years of the Date of Fingerprinting  Vehicle theft  Fraud  Stolen Property  Crimes of Violence  Any felony crime relating to narcotics or any controlled substance  Any other crimes enumerated in CVC section 2432.3  Actively on parole or on any form of probation  Crime of moral turpitude  Sex, Arson, Narcotics Registrant  Other felony conviction The City is not required to provide any reason, rationale or fact ual information in the event it elects to deny application or remove any of Tow Operator’s personnel from providing services for the City under this Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final. In the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall prohibit the City from removing, EXHIBIT “B” 21 suspending or terminating the Agreement. It will be the responsibility of the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to provide information regarding the identity of the employee, or anyone else with a financial interest in the Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any information regarding the conviction of any of the above crimes may also result in termination of the Agreement. G.) Identification Badges Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge, authorized and issued by the City to that employee, while on any call for service where the City is involved. If a tow truck driver responds to a scene without his authorized name badge, the tow truck driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to carry an identification badge will be considered a violation as stated in Section 31, “Disciplinary Action,” of this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator who have been fingerprinted by the City and have passed the record check by the Department o f Justice. All identification badges are the property of the City and will be returned by the Tow Operator to the City within forty-eight (48) hours of an employee’s separation. Tow Operator will provide a current list of all staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified by the next business day and provided with an updated and current list. 13. Tow Operator Licensing and Certification All licensing and certifications required by Federal, State and local authorities shall be maintained current and valid at all times as required in CVC sections: 34507.5, 34600 et seq, 34620, and 12111, and sections 7231 et seq, of the California Revenue a nd Taxation code. Failure to have any required license or certification, including any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City without penalty. 14. Inspection All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow Operator in the performance of the services required herein shall be open to inspection by the City or its authorized representative, and will be subject to no less than one annual inspection. Additional inspections may be conducted without notice during normal business hours. Inspections may include, but are not limited to, all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing or inspecting any aspect of performance directly related to this Agreement. In the event that the City determines that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as called out in this Agreement, this Agreement may be terminated by City immediately, without penalty. EXHIBIT “B” 22 15. Vehicle and Equipment Requirements Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2) vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment capable of towing from off -road areas, towing from underground facilities, and recovery services with an ad justable boom with at least five tons of lifting capacity. In addition to the conventional wheel lift towing capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the discretion of the tow operator, a wrecker may be used to respond to a tow service request. If for any reason the Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be placed back on the top of the rotation list and a new Tow Operator will receive the tow service request. A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be placed on a heavy-duty tow rotation list. All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire extinguisher (rating 4-B, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs. Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the manufacturer. Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible ID tags designating the model, make, serial number, and rated capacity. All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from conducting random inspections throughout the year. 16. Vehicle Identification Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator shall not display any sign or advertising material that indicates that his tow vehicles are an official police service of the City. 17. Charges and Fees to be collected from Registered Owners All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote complete charges and fees with no additional fees to be added at a later date. These rates will be available for review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized and invoiced in DTS in accordance to section 22651.07 of the CVC. It will be EXHIBIT “B” 23 the Tow Operator’s responsibility to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice will be received in the form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City reserves the right to change all payment methods during the term of this agreement. 18. Lien Fees At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transact ions must be entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at lien, but under no circumstances before the thirty-fifth (35th) day after storage. The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed vehicles, including but not necessarily limited to CVC sections 22670; 22851; 22851.1; 22851.2; 22851.3; 22851.4; 22851.6; 22851.8; 22851.10, 22851.12 and 22852.5. As described in CVC section 22856, liability for despolia tion of evidence shall not arise against the Tow Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in a legal action. This proof may exist in the form of an official release in the DTS System or any other written conveyance signed by a member of the City prior to the official, written release of the vehicle. 19. Reasonableness and Validity of Fees Fees charged to the registered owner or any other person for response to calls originating from the City shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any ot her public agency or private person. During the term of this agreement, the City shall conduct an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in Attachment B by the first week of January of the following year. 20. Towing Operation All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B. No additional charges shall be charged without prior approval from the City and written notice is provided in the DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of this Agreement and removal from the rotation list. EXHIBIT “B” 24 The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America (TRAA) vehicle identification guide. 21. Service Call Rotation and Fees The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a light duty truck response. 22. Gate Fees No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State recognized holidays as listed below: New Year’s Day Martin Luther King Day Presidents’ Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veterans’ Day Thanksgiving Day Day after Thanksgiving Christmas Day An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of the flat rate charge for a light duty tow and may be charged to the vehicle’s owner for releases or personal property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance with this section. Over charging gate fees will be considered a major violation as outlined in Section 30. All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle’s owner and are not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City personnel. 23. Cancelled Tow The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does not result in a chargeable service being rendered by Tow Operator (“Dry Run”). The cancelled Tow Operator shall be p laced back on the top of the rotation list and will receive the next tow in rotation. EXHIBIT “B” 25 24. Towed in Error In the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately released to the registered owner without charge and the Tow Operator will be placed back on the top of the rotation list and will receive the next tow in rotation. In addition, the Tow Operator will be given one extra tows on the rotation list. Additional extra tows may be given at the discretio n of the Tow Unit. 25. Release Fees California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the City’s Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner, legal owner or agent of an impounded car. A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the City. Fees will be established by an independent consulting firm to determine the City’s costs associated with impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached to each vehicle in the DTS System. The City’s administrative fees will be collected at the time of the release by the Tow Operator. The Tow Operator will pay the City’s franchise fees equivalent to the City’s administrative fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City’s administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the City no later than 12:00 p.m. on the 15th of the following month, regardless of the disposition of the vehicle. In the event that the 15th of the month falls on one of the State recognized holidays listed in Section 22 above, or a weekend, the City’s administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow Operators who fail to subm it the City’s administrative / franchise fees to the City by the 15 th day of each month will be immediately suspended from rotation until all fees are received, and will be subject to appropriate disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS System and frequent audits will take place to ensure accurate and timely payment of collected City administrative / franchise fees. The fee will be listed as an item on the owner’s / agent’s DTS contractor invoice. 26. Unauthorized Release Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City. 27. Release of Multi-Day Impounds A vehicle impounded with a multiple day hold may only be released prior to the impound period with written authorization by the City in the DTS System. The DTS System will automatically schedule the release of an impounded vehicle. EXHIBIT “B” 26 28. Release of Vehicles Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a stored or impounded vehicle, it is the Tow Operator’s responsibility for the vehicle’s release. The Tow Operator is hereby granted authority to release to the registered owner, legal owner, or authorized representative, pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that they are properly licensed and insured to drive a motor vehicle. 29. Disciplinary Action The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this Agreement. 30. Major violations Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. In addition, a major violation may also result in the Tow Operator’s employee being removed from participation in this Agreement. Examples of major violations include, but are not limited to:  Physical assault, against public and/or law enforcement  Verbal abuse against public and/or law enforcement  Resisting arrest  Tow Truck Driver under the influence of alcohol or illegal drugs  Charging rates that exceed those listed in Attachment B  Vehicle released without authorization  Unauthorized access to storage yard  Theft  Mishandling of vehicles stored as evidence  Unauthorized driver responding to call  Failure to provide information or change of status on any Tow Operator employee or staff  Substantiated private party impound complaints  Any Felony/Misdemeanor arrest  Refusal to take a rotational tow  Failure to utilize the DTS System for all City towing related matters EXHIBIT “B” 27  Repeated late or nonpayment of City franchise fees  Failure to properly secure storage yard  Failure to obey a lawful order by law enforcement 31. Minor violations Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine. Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:  Late payment of City franchise fees  Tow truck drivers not wearing City issued I.D. cards/ proper uniform  Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours  Repeated rejection of dispatched calls  Other violations of this Agreement not considered a major violation by the Chief of Police or his/her designee  Unauthorized ride-a-long  Failure to respond to customers’ needs  Failure to maintain proper equipment  Failure to clean up at a collision scene  Vehicle code infractions 32. Hearing/Appeal Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order, citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her designee. An appeal that fails to identify the appellant’s standing may be rejected as defective. In the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit. In the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15) calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate hearing. In the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30) days, or termination of the T SA, the Tow Operator EXHIBIT “B” 28 may request a hearing within fifteen (15) calendar days by submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager’s Office. The written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow Operator’s remedy shall be lim ited to reinstatement on the tow rotation list in such case and no other compensation or consideration will be allowed. EXHIBIT “B” 29 ATTACHMENT B TOW FEES Flat price per vehicle per call: Light Duty Tow/Flatbed $ 184.00/Each Medium Duty Tow $ Average CHP Rates Apply Heavy Duty Tow $ Average CHP Rates Apply Water Recovery: $ Average CHP Rates Apply Technology Fee: DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System Storage Rates: Passenger cars $ 45.00/per day Motorcycles $ 45.00/per day Trucks or Trailers $ Average CHP Rates Apply Inside Storage Rates: Passenger cars $ 55.00/per day Motorcycles $ 55.00/per day Trucks or Trailers $ Average CHP Rates Apply Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State recognized holidays as listed in the Agreement. An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the flat rate charge for a light d uty tow and may be charged to the vehicle’s owner for releases or personal property recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional fees). Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one -half the flat rate charge for a light duty truck response. City of Fresno Administrative / Franchise Fees: Vehicle Collision Blocking a Roadway $ 60.00 Illegally Parked / Abandoned Vehicle $116.00 Unlicensed Driver / Expired Registration $189.00 Arrested / Suspended Driver $266.00 DUI Driver $450.00 All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1. Date Adopted: Page 1 of 13 Date Approved Effective Date: City Attorney Approval: Ordinance No. BILL NO. _________ ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA AMENDING ARTICLE 17 OF CHAPTER 9 OF THE FRESNO MUNICIPAL CODE RELATING TO TOW TRUCKS. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Article 17 of Chapter 9 of the Fresno Municipal Code is amended to read: ARTICLE 17 – TOW CARS [TOW TRUCKS] Section 9-1701. Title. 9-1702. Definitions. 9-1703. Intent. 9-1704. Dispatching of tow cars [Tow Trucks]. 9-1705. Exceptions. 9-1706. Application for Placement on Rotation List. 9-1707. Investigation. 9-1708. Non transferability [and Change of Control]. 9-1709. Regulations. 9-1710. Suspension. 9-1711. Removal from Rotation List. 9-1712. Appeal. 9-1713. Authority of Police Chief. SECTION 9-1701. TITLE. This article shall be known as the Tow Car [Tow Truck] Ordinance of the City of Fresno. SECTION 9-1702. DEFINITIONS. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the Page 2 of 13 construction, meaning, and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California, and amendments thereto, such definitions shall apply. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be. (a) "Non-Exclusive Franchise" means non-exclusive franchise granted by the Council in accordance with Article XIII of the Charter of the City of Fresno for purposes of participating with the Police Department's Rotation List. (b) "Police Impound" means a written direction from the police officer on the scene to store the vehicle to be towed in a secured area until released by Police Department Personnel. It is the discretion of the police officer to store the vehicle in either an inside or outside storage facility. (c) "Rotation list" means a list of persons engaged in the business of providing tow car [Tow Truck] service, which list shall be maintained by the Police Chief or his or her designee for the purpose of rotating police dispatch of tow cars [Tow Truck] in accordance with the provisions of this article, a Tow Agreement and other applicable law. (d) "Tow Agreement" means a non-exclusive franchise agreement entered into between the City and an owner of tow cars [Tow Truck] that defines the obligations, procedures and terms of the tow car Page 3 of 13 [Tow Truck Company] being placed on the Rotation List, and is approved by the City Attorney's Office. (e) "Tow car" [“Tow Truck”] means a motor vehicle which has been altered or designed and equipped for and exclusively [primarily] used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line or dolly, or is otherwise exclusively [primarily] used to render assistance to other vehicles. [A “roll-back carrier” designed to carry up to two vehicles, and a trailer for hire that is being used to transport a vehicle shall also be considered a Tow Truck under this Article. An automobile dismantlers’ tow vehicle or a repossessor’s tow vehicle shall not be considered a Tow Truck for purposes of this Article.] SECTION 9-1703. INTENT. It is the intent of this article to regulate the operation of tow car [Tow Truck] services dispatched by the Police Department of the city pursuant to the authority conferred by the Vehicle Code. SECTION 9-1704. DISPATCHING OF TOW CARS [TOW TRUCKS]. Except as otherwise provided in Section 9-1705, the Police Chief or his or her designee shall dispatch tow cars [Tow Trucks] to perform tow car [Tow Truck] services only on a rotation basis from a rotation list established and maintained in accordance with the provisions of this article, the Non-Exclusive Franchise, and the Fresno Police Department Tow Agreement [and the Non-Exclusive Franchise Tow Agreement for the Fresno Police Department]. SECTION 9-1705. EXCEPTIONS. This article shall not apply to the following: Page 4 of 13 (a) Tow car [Tow Truck] services performed by automobile clubs, automobile associations or garages specified by the owner or driver of the towed vehicle; (b) Tow car [Tow Truck] services performed for the abatement and removal of abandoned, wrecked, dismantled or inoperable vehicles or parts thereof pursuant to Section 22660, et seq., of the Vehicle Code; or (c) Tow car [Tow Truck] services performed on an emergency basis to eliminate a dangerous or hazardous condition as determined by the police dispatcher [department], when the dispatcher determines that another tow car [Tow Truck] can provide the most expeditious response. SECTION 9-1706. APPLICATION FOR PLACEMENT ON ROTATION LIST. Any person engaged in the business of providing tow car [Tow Truck] service and desiring to be placed on the rotation list shall submit a signed Tow Agreement and an application for a Non-Exclusive Franchise to the Police Chief or his or her designee. The application shall be in a form approved by the Police Chief or his or her designee and shall include the following: (a) The applicant's name, home address, business address, and telephone numbers, including the names of persons doing business under fictitious names, members of partnerships, and officers of corporations or associations; (b) A list of vehicles which will be used as tow cars [Tow Trucks] including a full description of each vehicle and its license number; Page 5 of 13 (c) The location of the applicant's place of business and storage facility; and (d) Such other and further information as the Police Chief or his or her designee may require. [(e) No Tow Truck company shall accrue any vested rights as a result of being a party to a Non-Exclusive Franchise Tow Agreement, nor will any Tow Truck company be guaranteed placement on subsequent Non-Exclusive Franchise Tow Agreements for the Fresno Police Department. All applicants for any subsequent Non-Exclusive Franchise Tow Agreement will be reviewed and considered for inclusion at the time of the issuance of the subsequent Non-Exclusive Franchise Tow Agreement. Tow Truck company owners may be subject to an interview process and an inspection prior to approval. Tow truck companies currently on the Police Department rotation list who are in good standing, will receive priority reinstatement status on subsequent Non-Exclusive Franchise Tow Agreements for the Fresno Police Department.] The application shall be made under penalty of perjury and shall not be accepted unless it is clearly filled out in full with all required information and submitted with a Tow Agreement. SECTION 9-1707. INVESTIGATION. The Police Chief or his or her designee shall cause an investigation to be made of the facts stated in the application, and shall within thirty days after completion of the investigation place the applicant on the rotation list unless any one of the following exists: Page 6 of 13 (a) The applicant has [previously] been removed from the rotation list within the last twenty-four (24) months [for violations of the Non-Exclusive Franchise Tow Agreement for the Fresno Police Department]; (b) A material statement made in the application is untrue; (c) A fact exists of which the Police Chief or his or her designee has knowledge which would be cause for removal or suspension of the applicant from the rotation list; (d) The applicant's business or storage facility is not located within twenty (20) miles of the city's limits [the geographical boundaries as set forth in the Non-Exclusive Franchise Tow Agreement for the Fresno Police Department]. (e) The applicant has a felony conviction; or (f) The rotation list already consists of 30 or more tow companies; or (g) The applicant fails to sign a Tow Agreement. SECTION 9-1708. NONTRANSFERABILITY [AND CHANGE OF CONTROL]. No person shall assign or subcontract their Tow Agreement [Non- Exclusive Franchise Tow Agreement for the Fresno Police Department] under this article to another person. [Tow Operator agrees that if there is a change or transfer in ownership or control, other than transfers to “immediate family” as defined in Fresno Municipal Code Section 3-101(e), of the Tow Operator’s business prior to completion of this Page 7 of 13 Agreement, such change or transfer will terminate the Non-Exclusive Franchise Agreement. This includes but is not limited to: changes in Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All transfers of ownership or control to “immediate family” shall be approved prior to the execution of any transfer. “Immediate family” transfers will be subject to the final approval of the Chief of Police or his/her designee. “Immediate family” members will be required to pass background reviews, livescan fingerprint screening and will be required to possess the proper licensing certificates and insurance to perform tow operations for the City of Fresno Police Department . The “immediate family” transferee will also be required to execute a new Non - Exclusive Franchise Agreement with the Police Department.] SECTION 9-1709. REGULATIONS. All persons on the rotation list shall: (a) Comply with all laws of the state pertaining to tow cars [Tow Trucks] and tow car [Tow Truck] service, including but not limited to satisfying minimum equipment standards, reporting to the California Highway Patrol all vehicles stored over thirty (30) days and keeping records of vehicles stored for longer than twelve (12) hours [and all provisions of the Non-Exclusive Franchise Tow Agreement for the Fresno Police Department, and all City of Fresno zoning requirements]; (b) Provide twenty-four (24) hour service, seven (7) days per week, including holidays, for towing, storage and release of vehicles; Page 8 of 13 (c) Remain open during normal business hours and release vehicles after normal business hours. "Normal business hours" are Monday through Friday, from 8:00 a.m. to 5:00 p.m., except state or city holidays; (d) Have storage space a minimum of 5,000 square feet in area or the capability to store a minimum of twenty (20) vehicles; (e) Provide adequate security for vehicles and property. Security shall include a minimum six-foot high fence or wall enclosing any outside storage area which screens and/or blocks the stored vehicles and other property from public view; (f) Furnish the Police Department with a copy of any report made to the Department of Justice in Sacramento pursuant to Vehicle Code Section 10652, regarding vehicles stored for thirty (30) days, the copy may be forwarded by regular mail; (g) Store vehicles subject to a police impound within a secured storage facility. It is the discretion of the police officer to store the vehicle in either an inside or outside storage facility. (h) Retain and safeguard any vehicle subject to a police impound until authorized by the Police Department to release same and the contents therein; (i) Post a schedule of towing fees in a conspicuous place on the business premises; Page 9 of 13 (j) [(b)] Charge reasonable towing fees not in excess of those charges that would have been charged for that towing or storage under the Tow Agreement or if the private property is not located within the city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located; (k) Maintain motor vehicle liability insurance and general liability insurance by a policy or policies having single limit bodily injury and property damage limits of not less than one million dollars ($1,000,000.00) and provide the City with a certificate of insurance evidencing the same; (l) Maintain receipts, with a copy placed in the towed or stored vehicle, whenever any item is removed from such vehicle; (m) Maintain records of tow services and other services furnished, including a description of the vehicle, the nature of services rendered, and the time and location of calls. These records may be inspected by authorized employees of the City during normal business hours; (n) [(c)] Comply with such other rules and regulations promulgated by the Police Chief or his or her designee. SECTION 9-1710. SUSPENSION. Any tow car service [Tow Truck company] placed on the rotation list may be suspended by the Police Chief or his or her designee from such list if the tow car service [Tow Truck company] fails to comply with any of the conditions, regulations or requirements of this article. Upon learning of grounds for suspension, the Police Chief or his or her designee Page 10 of 13 shall immediately, by written notice, inform the owner of the tow car service [Tow Truck company] of his action of suspension. The Police Chief or his or her designee may reinstate the tow car service [Tow Truck company] to the rotation list upon satisfactory proof that the tow car service [Tow Truck company] is in compliance with the conditions, regulations, and requirements of this article [and has completed its suspension]. SECTION 9-1711. REMOVAL FROM ROTATION LIST. Any tow car service placed [Tow Truck company] on the rotation list may be removed from such list [in accordance with the provisions of the Non-Exclusive Franchise Tow Agreement for the Fresno Police Department .] for one or more of the following grounds: (a) The tow car service has been suspended from the rotation list at least once and repeatedly or intentionally fails to comply with any of the conditions, regulations or requirements of this article. (b) The owner of the tow car service knew or should have known that his driver or drivers have repeatedly violated the provisions of the Vehicle Code and has failed to take corrective action within a reasonable time. (c) The tow car service repeatedly fails to answer calls, fails to respond to calls within a reasonable time, fails to maintain clean and orderly storage facilities, or at any time fails to clean the roadway of glass and debris at an accident scene. Page 11 of 13 (d) The owner of the tow car service sells fifty-one (51) percent or more of the business, provided the person, or persons purchasing the business may apply for placement on the rotation list in accordance with Section 9-1706 of this article. (e) The owner of a tow car service applies for placement on the rotation list under another name. (f) When a fact exists which would constitute a ground for denial of an application pursuant to Section 9-1707. Upon learning of grounds for removal, the Police Chief or his or her designee shall immediately, by written notice, inform the owner of the tow car service [Tow Truck company] of his [or her] action of removal. SECTION 9-1712. APPEAL. Any applicant denied placement on the rotation list, or any person [Tow Truck company] suspended [in excess of 30 days] or removed from the rotation list, shall have the right to appeal such order under Chapter 1, Article 4. If no appeal is filed within the time prescribed, the action of the Police Chief shall be final. Notwithstanding any other provision of this Code including Chapter 1, Article 4, in the event that any appeal is filed, the appellant shall not be allowed to participate in any tows or be placed on the Rotation List until such time as the Chief Administrative Officer finds that the appellant is entitled to be reinstated on the Rotation List. [Applicants for a position on the rotation list have no vested interest in the City of Fresno Non- Exclusive Franchise Tow Agreement for the Fresno Police Department and therefore have no right of appeal.] Page 12 of 13 SECTION 9-1713. AUTHORITY OF POLICE CHIEF. The Police Chief for the City of Fresno is authorized to promulgate administrative rules and procedures [in the form of the City of Fresno Non-Exclusive Franchise Tow Agreement for the Fresno Police Department, Administrative Order, or any other document] necessary for the successful and effective implementation of this Article including establishing, amending, updating, restating and entering into towing agreements subject to approval of the City Attorney. Said administrative rules and procedures shall be in writing. SECTION 2. Severability. If any section or portion of this ordinance shall be determined invalid or unconstitutional, that section or portion shall be deemed severable and all remaining sections or portions shall remain in full force and effect. 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 13 of 13 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________day of , 2014. AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk By:_________________________ Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By:______________________________ Mary Anne B. Tooke, Deputy MAT:MDF:nts:pn [60686ns/ORD] -09/03/14 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, WHICH GRANTS TO THE TOWING OPERATORS LISTED ON ATTACHMENT A NON- EXCLUSIVE FRANCHISE TO PARTICIPATE IN THE FRESNO POLICE DEPARTMENT'S TOW CAR ROTATION LIST. THEcoUNclLoFTHEclTYoFFREsNo(THE,,clTY,)DoESoRDAlNAS FOLLOWS: SECTION 1. This Ordinance effectuates the terms and conditions set forth in the form of the Franchise Agreements executed by the City and the Towing operator(s) listed on Attachment A. SECTION 2. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not hereinafter in this section defined, but which are defined in any Franchise Document, as herein defined, shall have the same meanings herein, as so defined in such Franchise Documents (unless, in the giveninstance,thecontextwhereintheyareusedsha|lclearlyimportadifferent meaning): (a) " Towing operator " shall mean one or more of the companies listed on Attachment A, attached hereto and incorporated herein by reference. (b) "Franchise Documents" shall mean and shall include all of the following: Date Adopted: Date Approved Effective Date: City Attorney Approval: Page 1 ol 4 Ordinance No. (l) Article Xlll of the Charter of the City of Fresno. (2') Chapter 6, Article 2, of the Fresno MunicipalCode. (3) The Non-Exclusive Franchise Agreements for Towing Services. (4) The written acceptance of the granting of a Non-Ëxclusive Franchise to Towing operators. (5) Resolution No. , Resolution of lntention to grant Franchises to the Towing operators. (6) This,Ordinance. (7) Any and all documents which are referred to, defined, or described in any of the foregoing as "Franchise Documents." (c) "Franchise Fee" shall mean any and all compensation or other consideration paid directly or indirectly to the City for the non-exclusive right to perform City generated tows pursuant to, and in the amount defined in the Non- Exclusive Franchise Agreement, and other rates established by the Non- Exclusive Franchise Ag reement. SECTION 3, Non-Exclusive Franchise Authorizing and permitting the Towing operator to do all things described by the Franchise Documents is hereby granted to the Towing operators identifíed in Exhibit "4," who have provided written acceptance to the terms and conditions set out in the Franchise Documents. SECTION 4. The term of the Non-Exclusive Franchise Agreements shall be expressly stated in Attachment B, which is attached hereto and incorporated by reference. Page 2 of 4 SECTION 5. Towing operators shall pay to the City all franchise/administrative fees pursuant to, and in accordance with the Non-Exclusive Franchise Two Agreement. SECTION 6. Staff shall provide Council with an annual status report on the tow franchise during the time of the annual review of the towing and storage fees under the Non-Exclusive Franchise Tow Agreement. SËCT¡ON 7. This ordinance shall become effective and In full force and effect at 12:01 a.m. on the thirty-first day after its final passage. ,t************* Page 3 of 4 STATE OF CALIFORN]A COUNTY OF FRESNO CITY OF FRESNO l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of SS. ,2014. AYES :NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor ApprovaliNo Return : Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Brandon M, Collet Date Deputy Attachments: Attachment A - List of Grantees Attachment B - Franchise Agreement 2014 2014 2014 2014 YVONNE SPENCE, CMC City Cterk BY: Deputy Page 4 of 4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BY:SOPHIA PAGOULATOS, Supervising Planner WILL TACKETT, Supervising Planner Development Services Division SUBJECT Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of N. Fowler and E. Clinton Avenues (Council District 4) (Continued from October 23, 2014) 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R- 11-003, C-13-092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM RECOMMENDATIONS Staff recommends the City Council take the following action: 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R- 11-003, C-13-092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 City of Fresno Printed on 12/16/2022Page 1 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM EXECUTIVE SUMMARY Jeffrey T.Roberts,on behalf of Granville Homes,Inc.,filed Conditional Use Permit Application No.C-13-092 and Vesting Tentative Tract Map No.6033/UGM pertaining to approximately 31.87acres of property located on the northeast corner of North Fowler and East Clinton Avenues.Vesting Tentative Tract Map No.6033/UGM proposes to subdivide the property into a 169-unit single family residential subdivision at a density of 5.3 dwelling units per acre.Conditional Use Permit No. C-13-092 proposes a development with public streets and modified property development standards for all of the proposed lots (see Exhibits A through F for maps, exhibits and conditions). This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards for lot size,lot coverage and yard (setback)requirements.Thirty-five lots were proposed with 7-foot garage setbacks,however the conditions of approval required 18-foot garage setbacks.The Fresno Municipal Code (FMC)requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.The Planning Commission approved staff’s recommendation,which required an 18-foot garage setback on all public streets for this project.The option was also provided to make the streets private,thus allowing garage setbacks of less than 18 feet,however this option was not chosen by the applicant. On June 19,2014,an appeal of the Commission’s decision regarding the subject applications was filed by Councilmember Caprioglio (see Exhibit J for appeal letters).In response to the appeal,the Planning Commission’s action is set aside and a City Council public hearing was scheduled and noticed in accordance with Sections 12-401-B and 12- 401-C-2 of the FMC.Staff recommends denial of the appeal and approval of the project as approved by the Planning Commission. Staff also supports approval of garage setbacks less than 18 feet on private streets. BACKGROUND Fresno City Planning Commission Action This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards including 15-foot front and 15- foot and 10-foot rear yards (standard rear yard is 20 feet),3-foot interior side yards (standard is 5 feet),and 8-foot street side yards (standard is 10 feet).Thirty-five lots were proposed with 7-foot garage setbacks,however the conditions of approval required 18-foot garage setbacks. The FMC requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.Staff recommends an 18-foot setback on all public streets for this project but is supportive of garage setbacks of less than 18 feet on private streets governed by a homeowners association.The homeowners association would be responsible for liability and enforcement on private streets. After a complete hearing on April 16,2014,the Commission recommended approval of the subject applications and the conditions of approval proposed by staff,including the requirement for a minimum 18-foot setback from garage to back of sidewalk on public streets (see Exhibit I for Planning Commission Resolutions). Analysis The reasons for requiring the 18-foot garage setbacks on public streets are the following: 1.Pedestrian Safety:the 18-foot garage setback (driveway)provides enough room for a vehicle to park in the driveway without blocking the sidewalk in violation of the California Building Code and Americans with Disabilities Act (ADA);vehicles parked on the sidewalk would force pedestrians to walk in the street.Moreover,driveways less than 18 feet in length do not provide adequate visibility to the driver backing out of the garage,thereby jeopardizing pedestrian safety. 2.Other Design Options Available:while it is acknowledged that the 35 lots in question are smaller lots with more design challenges,there are many other options available (as discussed at the City Council Workshop held on City of Fresno Printed on 12/16/2022Page 2 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: design challenges,there are many other options available (as discussed at the City Council Workshop held on August 21,2014)to achieve the same densities and maintain an attractive,safe and pedestrian-friendly streetscape. For example: a.Recessed garages (18 feet) with reduced front setbacks for remainder of façade; b.Alley loaded option with garages located in rear; c.Shared driveways/auto court concept, similar to cul-de-sac but with private drives; d.Cluster housing; e.Tandem-parked garages (designed to park two cars end-to-end rather than adjacent to one another). 3.Streetscape Design:the 7-8 foot garage setbacks proposed in T-6033/C-13-092 result in a streetscape that is dominated by garages.The garage is the widest element of the facade,and in half of the plans protrudes about 10 feet closer to the sidewalk than the living area of the dwelling. 4.Municipal Resources:the City does not have the resources to enforce the parking issues that would result from such a design, nor does it have the resources to assume the liability related to reduced pedestrian safety. The applicant has provided a conditional use permit exhibit (Exhibit D)which depicts eight typical lots showing lot dimensions,minimum yard setbacks and potential house placement.Of the eight typical lots,four show garages with an 18-foot setback to sidewalk,while the remaining show garages with a 7’-8’setback to sidewalk.The four typical lots with a proposed 7’-8’setback from garage to sidewalk are shown in Exhibit D,page 3.The rear yard setbacks of the potential house placement are currently at 25’,24’,20’and 14’.Should the applicant be required to provide an 18-foot setback from garage to sidewalk,it will necessitate moving the houses 10 feet to the rear,which will result in rear yard setbacks of 15’,14’,10’and 4’,respectively.Only the plan with that would result in the 4-foot rear yard setback would be non- compliant with the setbacks allowed through the conditional use permit;all of the other plans would comply.Alternatively, the homes could be re-designed to fit the lots. The proposed lot sizes are smaller than traditional lots,requiring a different perspective to traditional lot design.Neither the City Code nor the General Plan require small lots in this location. Streets and Access Points The Public Works Department,Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated April 10,2014.These requirements generally include:(1)The provision of a minimum two points of vehicular access to major streets for any phase of the development;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement, underground street lighting systems;and,(3)Payment of applicable impact fees,including,but not limited to,the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee. Notice of City Council Meeting The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 500 feet of the subject property. Land Use Plan and Policies The subject site is designated for medium density residential planned land uses by the 2025 Fresno General Plan and the McLane Community Plan. The objectives and policies of the 2025 Fresno General Plan encourage the development of master planned communities in an attempt to maximize the efficient use of the land. Policy C-8-g states: Support the planning and development of master planned/mixed use communities such as the Dominion Project. Additionally, Objective C-10 states: Promote the development of more compact pedestrian friendly, single-family City of Fresno Printed on 12/16/2022Page 3 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: residential projects to aid in the conservation of resources such as land, energy, and materials. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No.C-13-092 proposes the development of a 169-lot single family residential planned development.The planned development will provide modified property development standards.Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated April 16, 2014, staff concludes that the following required findings of Section 12-405-A-2 of the FMC can be made. 1.All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use,and accommodate all yards,spaces,walls and fences,parking,loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No.C-13-092 will comply with all applicable codes,including,landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2.The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, The Public Works,Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3.The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located.The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The site is vacant and with the adoption of the 2025 Fresno General Plan,the city analyzed the impacts of converting vacant land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing,growth,employment opportunities,etc.The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§66400,et seq.)requires that a proposed subdivision not be approved unless the map,together with its design and improvements,is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 -5 below is made in the negative.In addition,State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1.The proposed subdivision map,together with its design and improvements,is consistent with the City's 2025 General Plan and the McLane Community Plan,because the plans designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 2.This site is physically suitable for the proposed type and density of development,because conditions of approval will ensure adequate access and drainage on and off the site;and,that development shall occur in accordance with adopted standards,goals,objectives,and policies for development in the City of Fresno. City of Fresno Printed on 12/16/2022Page 4 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: 3.The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment,including fish,wildlife or their habitat, because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4.The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5.The proposed subdivision design will not conflict with public easements within or through the site,because conditions of approval will assure noninterference with any existing or proposed public easements. 6.The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision,because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map,based on the required findings for approval and subject to the recommended conditions of approval,and the standards and policies of the 2025 Fresno General Plan and McLane Community Plan,complies with applicable zoning and subdivision requirements.Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines (see Exhibit G).This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the McLane Community Plan area,including the Master Environmental Impact Report (MEIR)No.10130 for the 2025 Fresno General Plan (SCH#2001071097)and Mitigated Negative Declaration (MND)No.A-09-02 (SCH#2009051016).These environmental and technical studies have examined projected sewage generation rates of planned urban uses,the capacity of existing sanitary sewer collection and treatment facilities,and optimum alternatives for increasing capacities;groundwater aquifer resource conditions;water supply production and distribution system capacities;traffic carrying capacity of the planned major street system;and student generation projections and school facility site location identification. The proposed amendment of the adopted 2025 Fresno General Plan has been determined to not be fully within the scope of MEIR No.10130 as provided by the CEQA,as codified in the Public Resources Code (PRC)Section 21157.1(d)and the CEQA Guidelines Section 15177(c).It has been further determined that all applicable mitigation measures of MEIR No.10130 and MND No.A-09-02 have been applied to the project,together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts,growth inducing impacts and irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02City of Fresno Printed on 12/16/2022Page 5 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: and irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02 as provided by CEQA Section 15178(a).In addition,pursuant to Public Resources Code,Section 21157.6(b)(1),staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete,has become available.Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft mitigated negative declaration for this project.A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-11-003/R-11-003/C-13-092/T-6033/UGM was published on March 21, 2014. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is,in turn, funding the respective operations of the Development and Resource Management Department. Attachments:Exhibit A:Vicinity Map Exhibit B:Aerial Photograph Exhibit C:Vesting Tentative Tract Map No. T-6033/UGM Exhibit D:Exhibits for C-13-092 Exhibit E:Conditions of Approval for C-13-092 Exhibit F:Conditions of Approval for T-6033 Exhibit G Environmental Assessment Exhibit H:Planning Commission Resolutions Exhibit I:City Council Resolutions Exhibit J:Appeal Letters City of Fresno Printed on 12/16/2022Page 6 of 6 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development Services Division BY:SANDRA BROCK, Planner III Development Services Division SUBJECT HEARING to consider Rezone Application No. R-14-006 and related environmental finding, filed by Dirk Poeschel of Dirk Poeschel Land Development Services on behalf of property owner Wells Fargo Bank, N.A. and successor in interest Property Multipliers LLC, pertaining to a proposed change in conditions of zoning applicable to approximately 4.24 acres of property; the subject property comprises Assessor’s Parcels Nos. 506-320-59S and 506-320-60S) located on the east side of N. Figarden Drive between W. Bullard Avenue and the Burlington North Santa Fe Railroad (Council District 2) 1.ADOPT the proposed Mitigated Negative Declaration as the finding for Environmental Assessment (EA) No. R-14-006 for the purpose of the proposed project; and 2.BILL - (For introduction and adoption) - Amending the conditions of zoning for the subject property, which would remain classified in the M-1/BA-20/UGM/cz (Light Manufacturing District/Boulevard Area Overlay - 20 Feet/Urban Growth Management Area/conditions of zoning) zone district RECOMMENDATION Staff recommends that the Council take the following actions: 1.ADOPT the proposed MND as the finding for EA No.R-14-006 for the purpose of the proposed project; and 2.ADOPT THE ORDINANCE BILL amending the conditions of zoning for the subject property, which would remain classified in the M-1/BA-20/UGM/cz (Light Manufacturing District/Boulevard City of Fresno Printed on 12/16/2022Page 1 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: Area Overlay - 20 Feet/Urban Growth Management Area/conditions of zoning) zone district. EXECUTIVE SUMMARY Rezone Application No.R-14-006 was filed by Dirk Poeschel of Dirk Poeschel Land Development Services,on behalf of former property owner Wells Fargo Bank.N.A.and successor in interest (current owner)Property Multipliers LLC.The application pertains to two parcels (APNs 506-320- 59S and 506-320-60S),comprising 4.24±acres of developed property with four buildings addressed as 6350,6360,6370,and 6380 North Figarden Drive.The subject property is located on the east side of North Figarden Drive between the Burlington Northern Santa Fe Railroad and West Bullard Avenue (please see attached aerial photo,vicinity map,and Assessor’s Parcel map).The application seeks to amend conditions of zoning which were previously applied to the subject property (through Rezone No.R-01-037)in order to permit some previously prohibited uses,and to allow specific commercial uses pursuant to Fresno Municipal Code Section 12-226.1-B-10.The objective of this rezone application is to expand allowable uses at the subject property and increase its occupancy rate. The rezone would not change the current M-1/BA-20/UGM/cz (Light Manufacturing District/Boulevard Area Overlay -20 Feet/Urban Growth Management Area/conditions of zoning) classification for these parcels,which are planned for Light Industrial use in the 2025 Fresno General Plan,Bullard Community Plan,and Sierra Sky Park Land Use Policy Plan.(Please refer to Attachment 1 for an aerial photo of the neighborhood;a vicinity map showing zoning in the area;the Assessor’s Parcel map;the planned land use map of the area;the bordering property information for the subject property;and the site plan approved for Conditional Use Permit No.C-06-090,which authorized development of the subject property.) BACKGROUND / ANALYSIS Planning and zoning history of the subject property The subject property and approximately 28 other acres on the northeast corner of West Bullard Avenue and North Figarden Drive,Rezone No.R-01-037 was filed in conjunction with Plan Amendment No.A-01-23.These applications amended the Bullard Community and 1984 General Plan land uses to create Light Industrial,Neighborhood Commercial,and Office Commercial enclaves on this acreage.(The planned land use map in Attachment 1 shows these land uses,as well as the planned land use designations of surrounding properties.)Rezone No.R-01-037 classified this overall site into three basic zone districts consistent with the land uses approved in Plan Amendment No. A-01-23. Land planned for Neighborhood Commercial use at the apex of the intersection was assigned a C- 1 (Neighborhood Shopping Center District)zoning classification,with overlay zone districts for Boulevard Area (BA)setbacks along N.Figarden Drive and Urban Growth Management (UGM) Area.The Office Commercial land fronting West Bullard Avenue was given C-P zoning (Administrative and Professional Office District)and was also in the UGM area.Land along the Burlington Northern Railroad,planned for Light Industrial use,was classified M-1 (Light Manufacturing District),and also had BA and UGM overlay districts assigned.All these properties were subject to conditions of zoning reflecting community concerns,Sierra Sky Park safety requirements,and noise control considerations relating to the railroad.(A full copy of Ordinance No.2001-91 adopted for Rezone No.R-01-037 is an exhibit for EA No.R-14-006 and is contained City of Fresno Printed on 12/16/2022Page 2 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: No.2001-91 adopted for Rezone No.R-01-037 is an exhibit for EA No.R-14-006 and is contained in Attachment 2.) For the property involved in Rezone Application No.R-14-006,the resulting zoning classification was M-1/BA-20/UGM/cz (Light Manufacturing District/Boulevard Area -20 Feet/Urban Growth Management Area/conditions of zoning).Following are the specific conditions of zoning which currently pertain to the subject property, as contained in Ordinance No. 2001-91: ...This ordinance shall be conditioned upon the record owners of the property… causing to be recorded a covenant running with the land guaranteeing the following conditions on the subject property: a.The City of Fresno shall require the dedication of an avigation easement and agreement as called for in the Sierra Sky Park Land Use Policy Plan. b.No structure,tree or other object shall be permitted to exceed the height limits established in accordance with Part 77,Subpart C,of the Federal Aviation Regulations (FAR). c.The development of schools,hospitals,nursing homes or similar uses shall be prohibited. d.Development of the subject site shall be in substantial conformance with Conditional Use Permit No.01-144 and attached “Exhibit A,”dated November 26,2001 as determined by the Planning and Development Director.The design theme,landscaping,circulation,etc.shall be established with the development proposed by Conditional Use Permit No. 01-144 and subsequent phases shall be in substantial conformance with this development. e.The sale of pornographic material shall be prohibited on the subject property. f.Car washes,mortuaries,and service stations shall be prohibited on the subject property. g.Development of the M-1 zoned portion of the subject property shall be in accordance with the M-1-P zone district standards. h.The maximum building height on the subject property shall not exceed 50 feet. i.The C-P zoned portion of the subject property shall be limited to a church use only. Conditional Use Permit No.C-01-144,referenced in the Ordinance No.2001-91,did not provide for development of the entire 32 acres involved in the 2001 plan amendment and rezone applications. It only served as the special permit for part of the original site involved in the 2001 plan amendment and rezoning.Over the intervening years,other entitlement applications were filed to develop City of Fresno Printed on 12/16/2022Page 3 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: and rezoning.Over the intervening years,other entitlement applications were filed to develop various portions of this 32-acre area.The subject property,comprising Assessor’s Parcel Numbers 506-320-59S and 506-320-60S,were subsequently developed pursuant to Conditional Use Permit (CUP)No.C-06-090,which authorized four light industrial shell buildings totaling approximately 30,750 square feet (please refer to the site plan exhibit for this special permit included in Attachment 1).Conditions of Approval for CUP C-06-090 reflected the conditions of zoning approved in 2001. In the recent recession,Wells Fargo bank found itself in possession of the subject property and had difficulty finding buyers and tenants for vacant buildings on the site,due to a lack of defined potential uses for these buildings.Staff worked at length with the applicants to develop a list of potential uses which would be consistent with the City’s Zoning Ordinance and remain substantially within the conditions of zoning that had been approved in 2001. Due to improvements in building technology and energy efficiency standards in the intervening years,noise from the railroad and Sierra Sky Park may allow some types of schools to be instituted on the subject property.Because the 2001 conditions of zoning had prohibited “schools”in general, a rezone application was necessary to remove the prohibition and allow for instruction in yoga, martial arts,music,dance,cosmetology (“beauty college”)and general vocational subjects.This is the only 2001 condition of zoning proposed to be deleted;the rest of Section 5,clause “c”would remain from the Ordinance No.2001-91.Rezone Application No.R-14-006 was also used to define potential commercial uses which could be instituted in the developed buildings on the subject property, as allowed by the M-1 zone district. There is precedent for modifying the conditions of zoning assigned to this area in 2001.Another rezone application was filed in 2008 for one of the C-1 (Neighborhood Shopping Center)zoned parcels fronting Figarden Drive.That rezone application was approved to modify the provisions of Rezone No.R-01-037 and amend conditions of zoning for that parcel to remove the prohibition against car washes.Subsequently,a conditional use permit was also approved to construct an automated car wash on the C-1 parcel. Land Use Plans and Policies: The subject property is planned for the Light Industrial land use in the 2025 Fresno General Plan and Bullard Community Plan,reflecting the land use designation assigned in 2001 (please refer to the land use map in Attachment 1).The proposed rezone would retain the M-1 (Light Manufacturing District)zoning classification assigned to the subject property,and would thereby maintain consistency with the Light Industrial land use designation of the property per Table 2 of the 2025 General Plan (the Zoning Consistency Matrix). The project location is in the Fig Garden Loop Activity Center,identified in Exhibit 6 of the 2025 Fresno General Plan.As originally conceived,it was a component of a mixed office,commercial, and light industrial project (Plan Amendment No.A-01-023).The designated Office Commercial area covered by this 2001 plan amendment was conditioned on being used as a church,and the designated Neighborhood Commercial portion of the plan amendment had the least acreage of the project components;it was not as amenable to constructing larger buildings such as those on the subject property,which is part of the Light Industrial planned area created by the plan amendment. Approval of the rezone would help maximize the utilization of the subject property and would City of Fresno Printed on 12/16/2022Page 4 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: implement the following General Plan goals, objectives, and policies: Goal 9:Provide activity centers and intensity corridors within plan areas to create a mix of land uses and amenities to foster community identity and reduce travel. Objective C-4:Adhere to a multiple community center concept of urban design for the Fresno metropolitan area as conceptually shown in [General Plan] Exhibit 6. Policy C-4-b:Activity centers should include commercial areas, employment centers,schools,higher density development,churches,parks and other gathering points where residents may interact,work,and obtain goods and services in the same place. Policy C-4-c:Place emphasis on pedestrian activities and linkages…. Policy C-4-d:Activity centers should provide for mixed uses and shared parking facilities…. Policy C-8-e:Mixed use policies and zoning regulations should support the recycling of older buildings. Policy C-8-f:Mixed use zoning regulations shall allow flexibility in parking requirements. Goal 13:Plan for a healthy business and diversified employment environment,and provide adequate timely services to ensure that Fresno is competitive in the marketplace. Objective C-13:Plan and support industrial development to promote job growth while enhancing Fresno’s urban environment. Policy C-13-b:Plan for unified,high quality,geographically dispersed businesses and industrial park sites that are of sufficient size,unified in design,and diversified in activity to attract a full range of business types and supporting uses necessary to provide needed economic and employment growth. Staff has determined that Rezone No.R-14-006 would implement the above goals,objectives,and policies of the 2025 Fresno General Plan. As noted in the appended EA,the property is not in any approach protection zone for Sierra Sky Park or in any of the identified airport noise contours;it is in the Horizontal Surface area. Therefore,height restrictions imposed by R-01-037 conditions of zoning would remain,pursuant to the FAA regulations. With regard to Safety Element and Noise Element conformance,a mitigation measure will require that any proposed instructional use have the appropriate occupancy rating for the building housing City of Fresno Printed on 12/16/2022Page 5 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: that any proposed instructional use have the appropriate occupancy rating for the building housing that use,and that an acoustical evaluation be done to verify that noise-sensitive instructional uses (and adjacent businesses)would be protected from external and internal noise.The avigation easement covenant required by Rezone Application No.R-01-037 was recorded for the subject property in 2006. Recommended amended conditions of zoning for Rezone No. R-14-006: Staff worked with the applicants to refine the list of uses in Rezone Application No.R-14-006,with Fresno Municipal Code Section 12-226.1-B-10 and the existing permitted tenants of the subject property in mind: USES PERMITTED [in the M-1 Zone District] B.RELATED USES 10.Commercial uses that are incidental to and directly related to and serving the permitted industrial uses Since FMC Section 12-226.1-B-10 only allows “by right”uses in conjunction with permitted industrial uses,the proposed conditions of zoning for Rezone No.R-14-006 would prevent “bootstrapping”and creation of a de facto shopping center at the subject property by requiring that commercial uses be allowed when the related classified industrial use for them is specified. The only requested commercial use which staff could not make the finding for was “Liquor Store.” This use appears to be too intensive a commercial activity,and the adjacent C-1 zoned property to the south already has a liquor store and a tavern within walking distance.Staff could not determine that the purchase of alcohol for off-site consumption would be incidental to,related to,or serving the permitted industrial uses at the subject property.The applicant has concurred with the staff and Planning Commission findings. The resulting proposed conditions of zoning which would be applied through approval of Rezone Application No. R-14-006 would read as follows: Rezone Application No.R-14-006 shall amend the conditions of zoning previously applied through Rezone No.R-01-037 (Ordinance No.2001-91)for the two parcels comprising the subject property by applying conditions of zoning listed below,which shall be recorded and put on file with the Fresno County Recorder’s Office by the record owners of the subject property executing and causing to be recorded a covenant running with the land guaranteeing compliance with these conditions: 1.Pursuant to the Deed of Avigation and Hazard Easement recorded previously for the subject property (Fresno County Recorder Document No.2007-126629),the following,in addition to other requirements memorialized in that document,shall apply: ·No structure,tree or other object shall be permitted to exceed the height limits established in accordance with Part 77,subpart C of the Federal Aviation Regulations (FAR). ·The maximum building height on the subject property shall not exceed City of Fresno Printed on 12/16/2022Page 6 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: ·The maximum building height on the subject property shall not exceed fifty (50) feet. 2.The development of hospitals, nursing homes or similar uses shall be prohibited. 3.Development of the subject property shall be in accordance with the M-1-P zone district standards. 4.Development of the subject property shall be in substantial conformance,as determined by the Director of the Development and Resource Management Department,with the site,circulation and landscape design exhibits approved for Conditional Use Permit No.01-144 as well as the site plan,elevation,parking area,and landscape exhibits approved for Conditional Use Permit No.C-06-090, including the corrected site plan dated December 3, 2007. 5.The sale of pornographic material shall be prohibited on the subject property. 6.Car washes,mortuaries,and services stations shall be prohibited on the subject property. 7.Drive-through uses and drive-up windows shall be prohibited on the subject property. 8.Subsequent uses and modifications of the subject property shall comply with the project-specific mitigation measures adopted for EA No.R-14-006 (attached hereto as Exhibit “B”). 9.The following commercial uses shall be permitted by right on the subject property,pursuant to a determination that they are incidental to directly related to and serving the permitted industrial uses on the property and adjacent light industrial land,and pursuant to compliance with project-specific mitigation measures adopted as part of the MND for EA No. R-14-006: a.Retail appliance sales b.Retail stereo and sound system store c.Retail sale of tools and lawn & garden equipment d.Retail sale of bathroom, kitchen, bedding, and related products e.Retail sale of paint, lighting, and home décor items f.Retail sale of carpet g.Retail bakery h.Retail meat market i.Retail sale of health foods City of Fresno Printed on 12/16/2022Page 7 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: j.Retail ice cream store (with no drive-through or drive-up window) k.Retail bicycle sales and servicing l.Retail clothing store,limited to uniforms/protective clothing,and sporting apparel m.Day spa and salon n.Retail laundry and dry cleaning o.Retail stationery sales,photocopying,binding,blueprinting,mailing,and related business services p.Retail telephone/communication equipment and business machine sales and service q.Retail florist r.Retail jewelry sales and repair s.Yoga and martial arts training t.Music and dance instruction u.Beauty college and vocational school Circulation Element Policies and Major Street System and Highway Traffic Capacity : All improvements related to major street circulation and on-site circulation are already complete,as required by Conditional Use Permit No.C-06-090,and the proximal segments of major streets are operating at an acceptable level of service. In order to prevent excess commercial traffic at the subject property,the revised conditions of zoning include a prohibition on drive-through uses.A mitigation measure is also proposed to mitigate any additional increment of vehicle trips which may be generated by establishment of commercial uses in the light industrial shell buildings;the Public Works Department Traffic Engineering staff will review applications for tenant improvement (construction)permits to determine if trip generation will be increased,and that information will be usable to assess City and regional traffic impact fees as appropriate. No comments regarding Rezone Application No. R-14-090 were received from Caltrans. Public Utilities, Resources, and Services: The Department of Public Utilities (DPU)has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the 2025 Fresno General Plan policies,with the project-specific mitigation measure that any tenant involved in food production or retail sales will be required to install an interceptor for oils and grease.The proposed mitigation measures also provide that the Department of Public Works Solid Waste Division will also City of Fresno Printed on 12/16/2022Page 8 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: mitigation measures also provide that the Department of Public Works Solid Waste Division will also review tenant improvement applications to ascertain whether solid waste enclosures on the property need to be augmented for food waste and/or recycling.Other infrastructure elements that are already in place are not anticipated to be affected by Rezone No. R-14-006. Council District 2 Plan Implementation Committee: The applicant met with the Council District 2 Plan Implementation Committee informally on June 2, 2014 and on July 14 the Committee formally considered Rezone Application No.R-14-006.The Committee recommended approval of the application,excepting the request to allow a liquor store on the subject property (please refer to Attachment 3). Planning Commission: No one attended the Planning Commission hearing to object to the project,the staff recommendation,or the environmental finding,and no correspondence was received prior to,or at the Planning Commission hearing.The pastor of the church south of the subject property stated an objection to the liquor store use but did not object to the other uses;this information was provided to the Planning Commission in the staff report.The Commission voted 6 -0 (one member of the Commission was absent)to approve staff’s recommendation and recommend approval of the EA and the requested rezone without including liquor stores as an allowable commercial use on the subject property (please see Attachment 4). Other Public Consultation Notices for the City Council’s public hearing on Rezone Application No.R-14-006 were mailed on Friday,October 10.Attachment 5 provides a copy of the notice,with the noticing radius map and list of property owners receiving the notice. ENVIRONMENTAL FINDING An environmental assessment (EA)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 as well as consideration of public comments received pursuant to CEQA Guidelines Section 15073.An initial study using the Appendix G checklist from the CEQA Guidelines; it is included in Attachment 2 with subsidiary exhibits. This rezone application was evaluated in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and its related Master Environmental Impact Report (MEIR)No.10130 (State Clearinghouse No.2001071097),as well as the MND No.A-09-02 adopted for the General Plan Air Quality Update (SCH No.2009051016).The resulting EA is appended to this report. All applicable mitigation measures of MEIR No.10130 and MND No.A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts,growth inducing impacts,and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02 as provided by CEQA Guidelines Section 15177(d). After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section City of Fresno Printed on 12/16/2022Page 9 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1),the Development and Resource Management Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted;and,that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available. The rezone application would allow use of the already-developed subject property at an intensity and scale permitted by the Light Industrial planned land use designation applicable to the site because the M-1 (Light Manufacturing)zone district,which is consistent with that land use designation allows commercial uses to be approved when they are incidental to,directly related to, and serving permitted light industrial uses.The 2025 Fresno General Plan further designates the subject property and its vicinity as an “activity center,”and advocates for mixed use and expanding the range of uses in activity centers.Therefore,the proposed project will not facilitate an intensification of uses beyond that which would be allowed by the above-noted planned land use designation. Pursuant to CEQA Guidelines Section 15178(a),the project proposal has been determined to be a subsequent project not fully within the scope of the MEIR and MND,because some additional project-specific mitigation measures have been deemed necessary to ensure that implementing Rezone Application No.R-14-006 will not adversely impact existing city service systems or traffic circulation.Therefore,the recommended finding for this project is a MND,as provided by CEQA Guidelines Section 15178(b).The EA in Attachment 2 includes the MEIR and project-specific mitigation measure checklists proposed for Rezone Application No. R-14-006. A Notice of Intent to make this environmental finding was posted in the Fresno County Clerk’s office on May 30,2014 and was published that same date in the Fresno Bee.No comments or appeals regarding the proposed environmental finding have been received as of the date of preparation of this report. LOCAL PREFERENCE N/A; this rezone does not involve any bids or award of contracts for construction or services. FISCAL IMPACT No General Fund expenditure was required for this project.The fees for processing this project have been paid by the applicant,and the applicant is required to pay the cost for recording the required covenant to memorialize conditions of zoning.Since the objective of the project is to enhance occupancy of the subject property,a positive General Fund impact is anticipated to result from this rezone through improved business license and sales tax revenues. Attachments:Aerial photo,Vicinity map showing zoning,Assessor’s Parcel map,Planned Land Use map for the area,Bordering Properties chart,and site plan approved for the Rezone No. R-14-006 subject property EA No.R-14-006,proposing a finding of MND;Initial Study with exhibits and City of Fresno Printed on 12/16/2022Page 10 of 11 powered by Legistar™ File #:ID#14-474 Agenda Date:10/23/2014 Agenda #: mitigation measure monitoring checklists for Rezone Application No. R-14-006 July 14,2014 Council District 2 Plan Implementation Committee Action Agenda showing the Committee’s recommendation on Rezone Application No.R-14- 006 Planning Commission Resolution No.13296 with recommendation for the Council to approve EA No.R-14-006 and revised conditions of zoning for the subject property as recommended by staff Mailed notice for the City Council hearing on Rezone Application No.R-14-006 and its EA,with the noticing radius map and list of property owners receiving the notice. Draft Ordinance Bill for Rezone No. R-14-006 City of Fresno Printed on 12/16/2022Page 11 of 11 powered by Legistar™ Planned Land uses in the vicinity of Rezone Application No. R-14-006 W CH ER RY T R EE LNW CH ER RY T R EE LNW CH ER RY T R EE LNW CH ER RY T R EE LNW CH ER RY T R EE LN W SAMPLE AVEW SAMPLE AVEW SAMPLE AVEW SAMPLE AVEW SAMPLE AVE N BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEW MOR RI S A VEW MORRI S A VEW MOR RI S A VEW MOR RI S A VEW MOR RI S A VE N BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN TRACY AVEN TRACY AVEN TRACY AVEN TRACY AVEN TRACY AVEN S A N T A F E A V E N S A N T A F E A V E N S A N T A F E A V E N S A N T A F E A V E N S A N T A F E A V E N B U L L E TI N A V E B N & S F R A IL R O A D B N & S F R A IL R O A D B N & S F R A IL R O A D B N & S F R A IL R O A D B N & S F R A IL R O A D W B UL LA RD A V EW B UL LA RD A V EW B UL LA RD A V EW B UL LA RD A V EW B UL LA RD A V E Light Industrial Open Space – Neighborhood Park Open Space – Ponding Basin Office Commercial (limited to church use by R-01-037 conditions of zoning Neighborhood Commercial Community Commercial N FIGARDEN DR Medium Density Residential Medium Density Residential Medium-High Density Residential Light Industrial SUBJECT PROPERTY REZONE APPLICATION No. R-14-006 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium High Density Residential and Open Space/ Park and Ponding Basin R-2/UGM/cz (Low-Density Multiple Family Residential District/Urban Growth Management Area/ conditions of zoning) and O/BA-20/UGM (Open Conservation District/Boulevard Area – 20 Foot/UGM Area) developed housing and park / ponding basin West Medium High Density Residential and Neighborhood Commercial R-2/BA-20/UGM.cz and C-1/BA-15, -20/UGM/cz developed housing and shopping center South Light Industrial Neighborhood Commercial and Office Commercial M-1/BA-20/UGM/cz C-1/BA-20/UGM/cz (Neighborhood Shopping Center District/ Boulevard Area – 20 Foot/Urban Growth Management Area/conditions of zoning) and C-P/UGM/cz (Administrative and Professional Office District/UGM Area/conditions of zoning) auto parts sales shopping center and church East Light Industrial and Open Space/ Ponding Basin M-1/BA-20/UGM/cz and O/UGM office/warehouse development and vacant land, and ponding basin/park County of Fresno DEPARTMENT OF PUBLIC HEALTH DAVID POMAVILLE, DIRECTOR Promotion, preservation and protection of the community’s health 1221 Fulton Mall / P.O. Box 11867 / Fresno, California 93775 / Phone (559) 600-3271 / FAX (559) 455-4646 Email: EnvironmentalHealth@co.fresno.ca.us www.co.fresno.ca.us www.fcdph.org Equal Employment Opportunity Affirmative Action Disabled Employer May 22, 2014 Sandra Brock LU0017663 Development and Resource Management 2602 2600 Fresno Street, Third Floor Fresno, CA 93721 Dear Ms. Brock: PROJECT NUMBER: R-14-006 Rezone Application No. R-14-0006 was filed by Dirk Poeschel of Dirk Poeschel Land Development Services on behalf of property owner Wells Fargo National Association. It pertains to approximately 4.24 acres comprised of Assessor's Parcel No. 506-320-60s (already developed and addressed as 6350, 6360, and 6370 North Figarden Drive) and Assessor's Parcel No. 506-320-60s (already developed and addressed as 6380 N. Figarden Dr.) on the east side of N. Figarden Dr. south of the Burlington Northern Santa Fe Railroad tracks. This property is currently planned for Light Industrial Use in the 2025 Fresno General Plan and Bullard Community Plan, and is zoned M-1/BA-20/UGM/cz, Light Manufacturing District/ Boulevard Area 20 Feet/Urban Growth Management Area/conditions of zoning. The applicant seeks to amend conditions of zoning previously applied through Rezone No. R-01-037 to permit some previously prohibited uses and to allow specific commercial uses pursuant to Fresno Municipal Code Section 12-226.1-B-1 0 (see attached detailed request with maps, exhibits, and the Ordinance Bill for R-01-037). APNs: 506-320-59S, -60S Zoning: M-1/BA-20/UGM/cz Address: 6350, 6360, 6370, & 6380 N. Figarden Dr. Comments/Concerns: Since all of the tenants have not been identified for this application, the full range of potential uses must be considered. The potential adverse impacts could include (but are not limited to) storage of hazardous materials and/or wastes, medical waste, solid waste, water quality degradation, excessive noise, and odors. Recommended Conditions of Approval for Future Tenants: x Should a retail food establishment be proposed, prior to issuance of building permits, the applicant or future tenant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. x Should a retail food establishment be proposed, the applicant shall apply for and obtain a permit to operate a food facility from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. Sandra Brock R-14-006 May 22, 2014 Page 2 of 2 x Prior to operation, the applicant or future tenant may be required to apply for and obtain a license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. x The applicant should be advised that construction and operating permits may be required by the State of California, Department of Health Services for wholesale food manufacturing. Contact the staff at the Division of Food and Drug at (559) 445-5323 for more information. x Prior to operations, the applicant may be required to complete the online Hazardous Materials Business Plan submittal (https://www.fresnocupa.com/ or http://cers.calepa.ca.gov/). Contact the Certified Unified Program Agency at (559) 600-3271 for more information. x All hazardous waste shall be handled in accordance with requirements set forth in the California Code of Regulations (CCR), Title 22, Division 4.5. This Division discusses proper labeling, storage and handling of hazardous wastes. x Future tenants may be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. REVIEWED BY: Kevin Tsuda, R.E.H.S. Environmental Health Specialist II (559) 600-3271 cc: Casagrande, Tolzmann- Environmental Health Division (CT 42.11) Dirk Poeschel, Applicant (dpoeschel@dplds.com) Kevin Tsuda Digitally signed by Kevin Tsuda DN: cn=Kevin Tsuda, o, ou=Fresno County EH, email=ktsuda@co.fresno.ca.us, c=US Date: 2014.05.22 15:59:41 -07'00' COUNCIL DISTRICT 2 PLAN IMPLEMENTATION COMMITTEE Fresno City Hall, Meeting Room 3078 ACTION AGENDA FOR 1. ROLL CALL Members: Rose Hendry, Ralph Kachadourian Jasdeep Singh Members absent: David Rodriguez, Ralph Kachadourian Staff: Bruce Barnes, Development and 2. APPROVAL OF AGENDA AND MEETING ACTION AGENDA a. Agenda for July 14, 2014 b. Action Agenda for June 2, 2014 Rosie Hendry moved to approve Action Agenda 3. COMMITTEE BUSINESS [none 4. PROJECT REVIEW – OLD MATTERS a. REZONE APPLICATION NO. R APN: 506-320-59s and 60s - ZONING: DISTRICT 2 PLAN IMPLEMENTATION COMMITTEE 3078 (3rd Floor-North), 2600 Fresno Street, Fresno CA 93721 FOR THE MEETING OF MONDAY, JULY ose Hendry, Ralph Kachadourian, Michael Napoli, David Rodriguez David Rodriguez, Ralph Kachadourian , Development and Resource Management Department MEETING ACTION AGENDA , 2014 Rosie Hendry moved to approve Action Agenda, seconded by Jasdeep Singh. Motion carried. none] MATTERS REZONE APPLICATION NO. R-14-006 ZONING: M-1 - ADDRESS: 6350, 6360, 6370, DISTRICT 2 PLAN IMPLEMENTATION COMMITTEE 2600 Fresno Street, Fresno CA 93721-3604 ULY 14, 2014 ichael Napoli, David Rodriguez, William Scott, econded by Jasdeep Singh. Motion carried. 6380 N. Figarden Dr. District 2 Plan Implementation Committee Action Agenda for July 14, 2014 Page 2 Sandra Brock explained to the Committee that this rezone is basically removal of the conditions of zoning which restricted the available uses. Staff did not support the addition of liquor stores and it was approved by the Planning per the staff’s recommendation. William Scott moved to approve this Rezone Application, specifically without the permitted use of liquor stores, seconded by Jasdeep Singh. Motion carried. b. FIG GARDEN RECONSTRUCTION---(Has not been formally submitted) Revised Drawing sent under separate cover for Lululemon store Committee members discussed the “revised” drawing and were pleased to see that the covered walkway had been restored. However, after much discussion, including comments from local architect Tony Ping and developer Edgar Pejoro, the Committee withheld its approval of the revised rendering. Committee members sought “more consistency” with the Figarden style, and expressed concerns with the “massing and height” of the proposed building as well the material being used. Would like to see more natural materials and suggested the building be moved back behind the sidewalk. The committee stressed that they want the businesses to come to the shopping center and encouraged the developer to try again and to come back with a drawing based on the tonight’s comments and suggestions. 4. STAFF INFORMATIONAL REPORT [none] 5. PUBLIC COMMENTS [none] 6. UNSCHEDULED MATTERS Unscheduled matters are items added to the agenda without the required 72-hour legal notice requirement. These items may be discussed but official action may not be taken until legal notices are given as required by law. [none] 7. ADJOURNMENT Rosie Hendry moved to adjourn, seconded by Jasdeep Singh. Motion carried. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT NOTICE OF PUBLIC HEARING Rezone Application No. R-14-006 and Environmental Assessment No. R-14-006 NOTICE IS HEREBY GIVEN that the Council of the City of Fresno, in accordance with the procedures of Fresno Municipal Code (FMC) Chapter 12, Article 6, will conduct a public hearing to consider Rezone Application No. R-14-006 and Environmental Assessment Application No. R-14-006, pertaining to approximately 4.24 acres of developed property located at 6350, 6360, 6370, and 6380 North Figarden Drive on the east side of N. Figarden Drive on the southwest side of the Burlington Northern Santa Fe Railroad line (north of West Bullard Avenue). The application was filed by Dirk Poeschel of Dirk Poeschel Land Development Services on behalf of property owner Wells Fargo National Association and successor in interest (new owner) Property Multipliers LLC. At the public hearing, the following will be considered: 1. Adoption of a finding of Mitigated Negative Declaration for Environmental Assessment (EA) No. R-14-006 recommends that a finding of Mitigated Negative Declaration be adopted for the above rezone application. 2. Adoption of an Ordinance Bill for Rezone Application No. R-14-006 which proposes to amend conditions of zoning previously applied to Assessor’s Parcels Nos. 506-320-59S and 506-320- 60S. The amendment to conditions of zoning applicable to the subject property would permit some previously prohibited uses and would allow specific commercial uses on this property pursuant to FMC Section 12-226.1-B-10. The zoning classification of the property is, and would, remain M-1/BA-20/UGM/cz (Light Manufacturing District, Boulevard Area, 20 Feet/Urban Growth Management Area/conditions of zoning). The conditions of zoning proposed for modification were imposed in 2001 through prior Rezone No. R-01-037. At its regularly scheduled meeting of July 2, 2014, the Fresno City Planning Commission voted to recommend to the City Council the approval of the proposed finding of Mitigated Negative Declaration for EA No. R-14-006 and the approval of Rezone Application No. R-14-006, but without listing liquor stores as a permitted commercial use. The City Council will consider these recommendations at the following hearing. Any action of the City Council is final. For additional information, please contact Sandra Brock of the Development Services Division, Development and Resource Management Department, by telephone, 559-621-8041; via e-mail sent to Sandra.Brock@fresno.gov; by fax at 559-498-1026; or by mail directed to her at 2600 Fresno Street Room 3076, Fresno, California 93721-3604. Any interested person may present written testimony and/or appear at the public hearing to speak in favor of, or against, the project proposal. If you challenge the above applications in court, you may be limited to raising only those issues that you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered prior to the scheduled hearing. All documents submitted for City Council consideration for this scheduled matter shall be submitted to the City Clerk at least 24 hours prior to the scheduled hearing, pursuant to the City Council’s meeting rules and procedures, or the documents may be excluded from the administrative record of proceedings. Documents shall be delivered or mailed to the Fresno City Clerk’s office, 2600 Fresno Street Room 2133, Fresno, California 93721-3603; or sent via fax to (559) 488-1005; or via email to Clerk@fresno.gov. NOTE: Pursuant to requirements of Fresno Municipal Code Section 12-403-C (which requires a 300- foot noticing radius), this notice is being mailed to owners of properties located within 350 feet of the subject property to make an allowance for abutting major street right-of-way. JENNIFER K. CLARK, AICP, Director YVONNE SPENCE, CMC Development & Resource Management Department Fresno City Clerk DATED: October 10, 2014 APNs: 506-320-59S and 506-320-60S PLEASE REFER TO THE VICINITY MAP ON THE REVERSE SIDE FRESNO CITY COUNCIL Date: Thursday, October 23, 2014 Time: 10:30 a.m., or thereafter Place: Fresno City Hall Council Chamber, 2nd Floor 2600 Fresno Street, Fresno, CA 93721 S. Brock DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT 2600 FRESNO ST FRESNO CA 93721-3604 Plan Amendment No. Rezone No. R-14-006 and EA No. R-14-006 6350, 6360, 6370, and 6380 North Figraden Drive THIS IS A LEGAL NOTICE VICINITY MAP 50732027S 50630018S 50632058S 50733059ST 50632063S 50732026ST 50638322S 50632060S 50638320S 50701003U 50701003U 50632041S 50632059S 50733058ST 50632061S 50632039S50632040S 50638321S 50637318S50637314S B U L L A R D AV E SANTA FE AVE CECELIA AVEBLYTHE AVEPALO ALTO AVE ESCALON AVE SIERR A AVE TRACY AVEJEANNE AVE CORNELIA AVELODI AVEMITRE AVEGILROY AVEALEXIS DRM O R R I S AV E ME SA AV E BULLETIN AVE STOCKDALE DRMENLO AVE BENDEL AVEK A D O TA AV E EL CAPITAN AVEGI B S O N AV E PIMA AVEK R I S T I D RMILBURN AVEVARTIKIAN AVE SONORA LNSTU A RT AV E PAUL AVE ELLERY WAY OAK PARK DR BERLIN AVEBRUNSWICK AVEC ALI M YR N A AV E MAGILL AVE HANOVER AVEC H E R R Y T R E E L N R I O B R AV O D RBABIGIAN AVEKATY LNFREMONT AVE WATHEN AVE TENAYA WAY SAMPLE AVE LOS ALTOS AVE STANFORD AVEBURLINGAME AVE PO LO CREEK CT DEMURE CTBERL I N AVEM O R R I S AV E PIMA AVEMI LBURN AVESIERRA AVE LODI AVELOS ALTOS AVE FREM ONT AV E PALO ALTO AVE FREMONT AVE SAMPLE AVE KATY LNPAUL AVE MENLO AVE ELLERY WAY MITRE AVEKATY LNPAUL AVE MESA AVE TRACY AVELODI AVE MENLO AVE ELLERY WAYHANOVER AVEAd dress List Map, c:\gisdm5\automap\adrlist.mxd, Thu Jun 26 18:20:32 2014 Buffered at:350 Feet, Legal Notices, Owners50632059s 50632060s 999740 R-14-06 HERNDON AVE DANTE AVEB U L L A R D AV E FIGAR DEN DR SANTA FE AVE REQID APN OWNEROWNER2ADDR1 ADDR2R-14-00650733058ST, 59STFRESNO METROPOLITAN FLOOD CONTROL DISTRICT5469 E OLIVE AVEFRESNO CA 93727-2541R-14-00650701003UGOVERNMENT AFFAIRS OFFICEBURLINGTON NORTHERN SANTA FE RR1127 11TH ST STE 242SACRAMENTO CA 95814R-14-00650701003USAFETY & HEALTH DIVBURLINGTON NORTHERN SANTA FE RR4006 E VINE AVEFRESNO CA 93725-2027R-14-00650632063S6354 FIGARDEN GENERAL PARTNERSHIPc/o J FREEMAN8050 N PALM AVE STE 300FRESNO CA 93711R-14-00650632041SBOWIE ENTERPRISES 4433 N BLACKSTONE AVEFRESNO CA 93726R-14-00650638321S et alFIG GARDEN NEW TOWNc/o LANCE-KASHIAN CO265 E RIVER PARK CIR STE 150FRESNO CA 93720R-14-00650632040SFIG LEAF PLAZA II LLC 6032 N FIGARDEN DRFRESNO CA 93722R-14-00650632039SFIG LEAF PLAZA II LLCATTN R DIEL1220 E OLIVE AVEFRESNO CA 93728R-14-00650638322SFIG LOOP LLC5286 E HOME AVEFRESNO CA 93727R-14-00650630018SFRESNO CANYON SPRINGS L P 3128 WILLOW AVE STE 101CLOVIS CA 93612R-14-00650632061SJOMISTRO PROPERTIES LLC 1600 CORN CAMP RDBUTTONWILLOW CA 93206R-14-00650632058SLIFEWAY BAPTIST CHURCH OF FRESNO 4250 W BULLARD AVEFRESNO CA 93722R-14-00650732027SVILLA LUCIA LIMITED PARTSHERSHIPSHAW MARKETPLACE I LP940 CALLE NEGOCIO STE 200SAN CLEMENTE CA 92673R-14-00650632059SMATTHEW NORMENT VPWELLS FARGO BANK NATIONAL ASSOCIATION4101 WISEMAN BLVD MAC T7419-018SAN ANTONIO TX 78251R-14-00650632060SWELLS FARGO BANK NATIONAL ASSOCIATION 21680 GATEWAY CTR DR STE 260DIAMOND BAR CA 91765R-14-00650632060SRAM SAROAYPROPERTY MULTIPLIERS LLC36077 BLAIR PLFREMONT CA 94536R-14-00650632060SBRANDON SCOTTBLR ASSET MANAGEMENT2423 W MARCH LN STE 202 STOCKTON CA 95207R-14-00650732026STCITY OF FRESNO PARCS DEPT843 M ST FL 3FRESNO CA 93721R-14-006DIRK POESCHELDIRK POESCHEL LAND DEVELPMT ASSOCIATES923 VAN NESS AVEFRESNO CA 93721R-14-006SANDRA BROCKCITY OF FRESNO PLANNING2600 FRESNO ST FL 3FRESNO CA 93721-3604R-14-006LANCE KASHIAN & CO8365 N FRESNO STE 150FRESNO CA 93720R-14-006JAIMIE OHANESIANPRECISION CIVIL ENGINEERING1234 O STFRESNO CA 93721R-14-006CASEY J SONDGEROTHADAMS BROADWELL JOSEPH & CARDOZA601 GATEWAY BLVD STE 1000SO SAN FRANCISCO CA 94080R-14-006LINDA CALANDRA3732 WEST TENAYAFRESNO CA 93711R-14-006PRESIDENT SIERRA SKY PARK PROPERTY OWNERS ASSOC7081 N MARKS PMB 104-250FRESNO CA 93711 444'429'404'195'170' 153'63' O M-1 R-2 C-1 C-P R-1 C-2 R-2 C-1 R-1 R-2 C-P R-2 R-1 AE-5 AE-5 R-1 R-1 W B U L L A R D AV EN FIGARDEN DRN BULLETIN AVE N BRUNSWICK AVEN SANTA FE AVE N SONORA LNW FIGARDEN DRN HANOVER AVEW APPLE TREE LNW SAMPLE AVE R-14-006APN: 506-320-59 and 606350, 6360, 6370, and 6380 North Figarden Drive 0 300 600150Feet/ EXHIBIT A M-1/BA-20/UGM/cz, 4.24 Acres EXHIBIT B for Ordinance No. 2014-____ CITY OF FRESNO PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST ENVIRONMENTAL ASSESSMENT (EA) No. R-14-006 Mitigated Negative Declaration Adopted by the Fresno City Council on October 23, 2014 This monitoring checklist for the above noted environmental assessment is being prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), as required under Assembly Bill 3180. It is intended to establish a project-specific reporting/monitoring program for Plan Amendment Application No. A-11-05 and Rezone No. R-11-006. Prior to development and use of the subject property, verification of implementation of these mitigation measures is required, in addition to verification of implementation of the applicable measures specified for this project per the Master Environmental Impact Report (MEIR) Mitigation Monitoring Checklist for this project (pursuant to MEIR No. 10130 certified for the 2025 Fresno General Plan and the Mitigated Negative Declaration approved for EA No. A-09-02, for the Air Quality Update to the 2025 General Plan). AIR QUALITY AND TRAFFIC IMPACTS: The San Joaquin Valley Air Basin is in Extreme Non-Attainment for ozone/oxidants and has not attained National Ambient Air Quality Standards for other criterion pollutants such as PM10 and PM2.5. Exercise of rights under the subject rezone could have an incremental effect on air pollution which may be addressed through preventing and addressing traffic congestion. MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY The proposed project (the revised conditions of zoning for the subject property) shall incorporate mitigation measures relating to prohibition of drive-through uses City of Fresno Through the adoption of the ordinance bill for Rezone No. R-14-006 City of Fresno Development and Resource Management Department (DARM) Exhibit B, Ordinance No.2014- for Rezone R-14-006 Project-Specific Mitigation Measures, EA No. R-14-006 - 2 - AIR QUALITY AND TRAFFIC IMPACTS: (continued) MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY When tenant improvement plans or special permits are submitted for review for commercial uses requested pursuant to Rezone No. R-14-006, the Public Works Department Traffic Engineering staff shall determine whether the requested use could generate vehicle trips beyond the level which was that assessed for the light industrial development of the property. The Public Works Department and Council of Fresno County Governments can use this information to assess applicable traffic impact fees as applicable under their respective regulations. City of Fresno Department of Public Works Traffic Engineering Section and Council of Fresno County Governments Regional Traffic Mitigation Fee Program At the time any special permit applications or tenant improvement (construction) plans are submitted to utilize the subject property for a commercial use authorized by Rezone No. R-14-006 DARM City of Fresno Public Works Traffic Engineering Exhibit B, Ordinance No.2014- for Rezone R-14-006 Project-Specific Mitigation Measures, EA No. R-14-006 - 3 - SAFETY: Seismic , fire protection, and public health standards differ for light industrial properties and for properties used for educational occupancies and for the production and sale of foods. The existing buildings at the subject property may require modifications or upgrades to meet occupancy, fire protection, and health and safety standards for some of the uses that would be authorized by Rezone No. R-14-006 MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY A change of occupancy inspection shall be obtained for any yoga, martial arts, music or dance training facilities, beauty college, or vocational schools. The building owner shall comply with any requirements noted pursuant to that inspection, in order to have the building certified for its new occupancy classification. Applicant DARM Prior to using the subject property for any yoga, martial arts, music or dance training facilities, beauty college, or vocational schools DARM Fresno Fire Department Plans shall be submitted to the Fresno County Department of Public Health Environmental Health Services for any proposed food preparation or retail food facility and a permit for the food facility shall be obtained from the appropriate health agency. Applicant DARM Prior to making any building alterations for food preparation or retail food uses at the subject property DARM Fresno County Department of Public Health Exhibit B, Ordinance No.2014- for Rezone R-14-006 Project-Specific Mitigation Measures, EA No. R-14-006 - 4 - WATER QUALITY: Some of the uses which could be established at the subject property pursuant to Rezone No. R-14-006 would generate food waste, oils and grease residues that could impair the function of wastewater collection n and treatment facilities. MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY A grease interceptor shall be installed (with appropriate permits) to reduce and prevent discharge of oil and grease residues into the wastewater collection system. Applicant Prior to making any building alterations for food preparation or retail food uses at the subject property DARM City of Fresno Department of Public Utilities Wastewater Management Division As determined necessary by the Department of Public Utilities, solid waste enclosures shall be augmented to provide capacity for food waste recycling and waste oil/grease storage. Applicant Prior to making any building alterations for food preparation or retail food uses at the subject property DARM City of Fresno Department of Public Utilities Exhibit B, Ordinance No.2014- for Rezone R-14-006 Project-Specific Mitigation Measures, EA No. R-14-006 - 5 - NOISE: Some of the uses which could be established at the subject property under Rezone No. R-14-006 may be noise-sensitive educational uses which would require protection from noise generated by the railroad, roadways, and light industrial uses in adjacent tenant spaces. Some of the uses which could be established at the subject property under this rezone could also generate excessive noise which could adversely affect adjacent tenants and properties. MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY When the change of occupancy inspection is conducted for any proposed music, dance, yoga, or martial arts training facility, beauty college, or vocational school, the noise sensitivity of the proposed use shall be assessed by the City, and an acoustical analysis and mitigation shall be done to ensure indoor noise levels of 45dB or lower for schools which are deemed by the City to be noise-sensitive Applicant During the change of occupancy evaluation process DARM An acoustical analysis shall ensure that noise generated by tool and lawn equipment businesses and by vocational, beauty, yoga, martial arts, music, and dance instruction, does not exceed 70dB at the property line or building/demising wall, to protect other tenants in the light industrial business park. Applicant During the change of occupancy evaluation process required for instructional facilities or during the review of tenant improvement (construction) plans for any tool and lawn equipment business DARM /1-?7 y /o: 3c ¿tt,t-t I 7Cindy Bruer From: Sent: To: Subject: Darrell October 20, 2014 11:29 AM Clerk Rezone issue Dear City Clerk, my name is Pastor Darrell Regensberg. I am writing about Rezone R-14-006. I Pastor at Lifeway Baptist Church which is very close to the rezone situation. I have heard that a portion of the rezone which involved a liquor store has been removed. I would just say please keep it that way. We don't need any more liquor infused into our community. We already have too much. As an influence to our area, nothing positive would come from it. Thank You for an opportunity to share. Pastor Darrell /ofzs//? tsJct -É =HÃc¡ rnä8f; ;=U æ Ë:el Þv City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-422 Agenda Date:10/23/2014 Agenda #: October 23, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division SUBJECT CONTINUED HEARING to consider a Resolution of Public Use and Necessity for Acquisition of Permanent Utility Easements and Temporary Construction Easements from APNs 580-040-02S owned by Frances M. Ricchiuti and Patrick V. Ricchiuti, Co-Trustees of the Frances M. Ricchiuti Family Trust and Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust; 580-020- 20S and 580-020-22S owned by Leonard and Nicholas Verni; 580-050-01S owned by Patrick Vincent Ricchiuti, Trustee of the Patrick Vincent Ricchiuti Family Trust; and 580-020-21 and 580-020-23 owned by George C. Goshgarian, Kathleen A. Goshgarian, Michael Morales, Leonard Verni, Nicholas Verni, Steven G. Fogg Family Partnership, and Christopher T. Lum as Sole Trustee of the Steven C.Y. Lum and Catherine J. Lum Trust (Continued from October 9, 2014) 1.*** RESOLUTION - That the Public Interest and Necessity Require and Authorize Eminent Domain for Acquisition of Permanent Utility Easements and Temporary Construction Easements from Real Property: APNs 580-040-02S, 580-020-20S, 580-020-22S, 580-050-01S, 580-020-21, 580-020-23, located in the County of Fresno (Fresno County) (Requires 5 Affirmative Votes) RECOMMENDATIONS Staff recommends: 1.The Council conduct a public hearing to consider a resolution of public use and necessity for acquisition of permanent utility easements and temporary construction easements. 2.The Council adopt the attached Resolution which states that the public use and necessity require the permanent utility easements and temporary construction easements,and authorizes eminent domain action as provided by the California Code of Civil Procedure. City of Fresno Printed on 12/16/2022Page 1 of 6 powered by Legistar™ File #:ID#14-422 Agenda Date:10/23/2014 Agenda #: EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,is finalizing the design of the Friant-Kern Raw Water Pipeline to deliver raw water from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (NESWTF).The proposed alignment traverses private property in the most direct manner possible resulting in lower project costs and minimal impacts to the least number of property owners.With bidding scheduled to begin in early 2016 and negotiations between property owners at a stand-still, acquisition of easements by condemnation is now necessary. BACKGROUND Some acquisitions have already been made from surrounding property owners to accommodate the project needs.The acquisitions described below will provide the necessary permanent and temporary construction easements for the pipeline.It is necessary to commence the eminent domain action now so that possession of the required easements can be obtained and secured by the end of 2015. Staff recommends Council adopt the recommended Resolution of Public Use and Necessity which authorizes the City Attorney to initiate an eminent domain action and obtain an order of possession of the property. It requires five votes for approval and is subject to veto by the Mayor. Presently,the City's contract with the United States Bureau of Reclamation (USBR)for Central Valley Project (CVP)surface water travels nearly 55 miles in open canals from Friant Dam (Millerton Lake) to the NESWTF.The proposed Project consists of the construction and operation of a 5.6-mile underground raw water pipeline.The new pipeline reroutes the CVP water directly to the NESWTF and will eliminate nearly 47 miles from the conveyance distance.The Project will enclose the water conveyance system and greatly reduce the threat to water quality in otherwise exposed canals,by contamination from environmental debris,and accidental or malicious acts.The pipeline will be constructed across numerous properties in unincorporated Fresno County and connected to the existing one-mile long segment of pipeline constructed by a 2007 project. Each of the acquisitions was appraised by independent,professional real estate appraiser Pete S. Cooper,MAI.The value of purchasing or relocating landscaping,fencing,paving,and other improvements was part of the offers to owners.Each property owner was given a written offer which included the value of the permanent and temporary construction easement,as applicable.Each owner was advised of its right to obtain an independent appraisal at the City’s cost,up to $5,000. Staff has met with the owners or their representatives to explain the project and acquisition process further. A summary for each parcel is provided as follows: Resolution Parcel Numbers APNs Owner(s)Value of Permanent Easement Value of Temporary Easement 1 (Pipeline and TCE) 580-020-20S & 580-020-22S Leonard Verni, Nicholas Verni $21,600 (3.01 ac.) $9,925 annually (5.92 ac.) 2 (Pipeline and TCE) 580-050-01S Patrick Vincent Ricchiuti, Trustee, the Patrick Vincent Ricchiuti Family Trust $36,700 (0.33 ac.) $22,600 (Year One, includes cost to cure - vineyard replacement) $9,600 (subsequent years) (0.55 ac.) 3 (Pipeline and TCE) 580-020-21 & 580-020-23 (Access Road) George C. Goshgarian; Kathleen A. Goshgarian (Kathleen A. Gregory); Michael Morales; Leonard Verni; Nicholas Verni; Steven G. Fogg Family Partnership, a Limited Partnership; Christopher T. Lum as sole trustee of the the Steven C.Y. Lum and Catherine J. Lum Trust $29,600 (5.91 ac.) $120 annually (0.06 ac.) 4 (TCE only)580-040-02S Frances M. Ricchiuti & Patrick V. Ricchiuti, Co-Trustees, The Frances M. Ricchiuti Family Trust, Trust B; Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust N/A $550 annually (0.24 ac.) City of Fresno Printed on 12/16/2022Page 2 of 6 powered by Legistar™ File #:ID#14-422 Agenda Date:10/23/2014 Agenda #: ResolutionParcel Numbers APNs Owner(s)Value ofPermanent Easement Value of TemporaryEasement 1 (Pipeline and TCE) 580-020-20S & 580-020-22S Leonard Verni, Nicholas Verni $21,600 (3.01 ac.) $9,925 annually (5.92 ac.) 2 (Pipeline and TCE) 580-050-01S Patrick Vincent Ricchiuti, Trustee, the Patrick Vincent Ricchiuti Family Trust $36,700 (0.33 ac.) $22,600 (Year One, includes cost to cure - vineyard replacement) $9,600 (subsequent years) (0.55 ac.) 3 (Pipeline and TCE) 580-020-21 & 580-020-23 (Access Road) George C. Goshgarian; Kathleen A. Goshgarian (Kathleen A. Gregory); Michael Morales; Leonard Verni; Nicholas Verni; Steven G. Fogg Family Partnership, a Limited Partnership; Christopher T. Lum as sole trustee of the the Steven C.Y. Lum and Catherine J. Lum Trust $29,600 (5.91 ac.) $120 annually (0.06 ac.) 4 (TCE only)580-040-02S Frances M. Ricchiuti & Patrick V. Ricchiuti, Co-Trustees, The Frances M. Ricchiuti Family Trust, Trust B; Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust N/A $550 annually (0.24 ac.) Parcel 1 - Verni City has spoken with the Vernis on several occasions regarding the City’s offer to purchase easements and rent temporary construction easements for the Project.The Vernis have indicated that the City’s appraisal is too low and that they plan to obtain an appraisal to support their position; however,they have not yet provided an appraisal.They have not hired legal counsel to City’s knowledge.The appraisal summary and offer documents have been sent to the Vernis and follow-up contacts in person,by telephone,and fax have been made.The Vernis have not accepted or rejected the City’s offer.There does not appear to be any opposition to the Project,compensation is the only matter in question. Parcel 2 - Patrick Vincent Ricchiuti Family Trust City has spoken with Mr.Ricchiuti many times regarding the City’s offer to purchase permanent and temporary construction easements.Mr.Ricchiuti has not stated his position regarding the City’s offer, or whether he plans to obtain an independent appraisal.Mr.Ricchiuti has retained a local attorney to represent him.The appraisal summary and offer documents have been sent to Mr.Ricchiuti and his attorney and follow up contacts have been made in person,by telephone,and email.Mr.Ricchiuti has not accepted or rejected the City’s offer.There does not appear to be any opposition to the Project. Parcel 3 - Road Parcel - Goshgarian, Morales, Verni, Fogg, Lum The subject properties are a roadway providing access to adjoining properties and are owned by seven owners,three of which have already accepted the City’s offer.The remaining owners are George Goshgarian (offer portion:$462.50),Kathleen Gregory (offer portion:$462.60),Leonard Verni City of Fresno Printed on 12/16/2022Page 3 of 6 powered by Legistar™ File #:ID#14-422 Agenda Date:10/23/2014 Agenda #: George Goshgarian (offer portion:$462.50),Kathleen Gregory (offer portion:$462.60),Leonard Verni (offer portion:$7,400),Nicholas Verni (offer portion:$7,400),plus a nominal portion of $120/year rent for a temporary construction easement.The City has spoken with the various owners many times regarding the City’s offer to purchase.The Vernis have indicated that the City’s appraisal is too low and they may obtain an independent appraisal,however,they have not yet done so.Mr.Goshgarian and Ms.Gregory desire to transfer their interest to another owner,to whom they have previously sold adjacent property,but neglected to include the roadway access.This transaction has not yet taken place.None of the owners are represented by counsel.Owners have been provided with the appraisal summary and offer documents,and follow up-contacts have been made in person,by telephone, email, and fax. Parcel 4 - Frances M. Ricchiuti Family Trust; Ricchiuti GST Nonexempt QTIP Trust City has spoken to Mr.Ricchiuti multiple times regarding rental of the temporary construction easement.He has not accepted or rejected the City’s offer,has not stated an opinion as to the amount the City is offering,or whether he plans to obtain an independent appraisal.Mr.Ricchiuti is represented by a local attorney. There does not appear to be any opposition to the Project. Pursuant to the California Code of Civil Procedure,notices were sent to the property owners appearing on the current tax assessment roll and to other representatives of the owners with whom staff has communicated.The property owners were invited to appear at the hearing and were asked to contact staff if they wished to speak at the hearing. It is recommended that the Council adopt the attached Resolution of Public Use and Necessity with consideration of the following: 1.The public interest and necessity require the proposed project. The raw water pipeline is needed to deliver better quality water to the NESWTF.The pipeline provides a more reliable source of water to treat for potable water use. 2.The proposed project is planned in a manner that will be most compatible with the greatest public good and the least private injury. The pipeline will be located primarily on private property and away from houses and traffic thus reducing the concern of safety to the general public.Several alternative alignments were evaluated during design and the proposed alignment was selected to best minimize impacts. 3.The property is necessary for the proposed project. The rural nature of this pipeline alignment makes it very difficult to follow existing roads and would result in much higher overall project costs.The proposed alignment traverses private property in the most direct manner possible resulting in lower project costs and minimal impacts to the least number of property owners. 4.An offer to purchase the required utility easement has been made pursuant to Section 7267.2 of the Government Code. A written offer of the appraised fair market value has been delivered to each owner of affectedCity of Fresno Printed on 12/16/2022Page 4 of 6 powered by Legistar™ File #:ID#14-422 Agenda Date:10/23/2014 Agenda #: A written offer of the appraised fair market value has been delivered to each owner of affected property pursuant to the requirements of the California Government Code. ENVIRONMENTAL FINDINGS An initial study and Mitigated Negative Declaration was prepared and adopted on June 14,2012 for this project.A Notice of Determination was subsequently filed with the Fresno County Clerk’s Office on June 19,2012.The City of Fresno Raw Water Pipeline Project Initial Study was done in August of 2011,and analyzed both the proposed and alternative pipeline alignments.This approval is to implement that project. An analysis has been performed pursuant to CEQA Guidelines §15162 to determine whether subsequent environmental review is required for the project.Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case there are no changes to the project. 2.No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case,the proposed pipeline alignment has not changed. 3.There is no new information,which was not known and could not have been known at the time of the previous Mitigated Negative Declaration that the project will have significant effect not discussed in the Mitigated Negative Declaration. Based upon these findings,it has been determined that no further environmental documentation is required for this project. The City has also been working with several Federal agencies to meet the requirements of the National Environmental Policy Act (NEPA).Work is ongoing with the United States Fish and Wildlife Service (USFWS)and the Army Corp of Engineers to approve the Biological Opinion (BO)and the effect of this Project has on endangered plants and wildlife.When the USFWS approves the BO and endangered species mitigations,they will then be submitted to the USBR for their review and acceptance.Once accepted,the USBR will issue a Finding of No Significant Impact (FONSI)and give authorization for the City to begin construction on the Friant-Kern Canal Project. In a parallel effort,the City has been working with several State regulatory agencies to secure necessary permits and mitigation measures.This will include working with the California Department of Fish and Wildlife (CDFW)to gain approval of their 2081 Permit (Incidental Take Permit),and protected species mitigations. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a CityCity of Fresno Printed on 12/16/2022Page 5 of 6 powered by Legistar™ File #:ID#14-422 Agenda Date:10/23/2014 Agenda #: Local Preference was not considered because this action does not include a bid or an award of a City construction contract. FISCAL IMPACT Approving this Resolution of Necessity will not impact the General Fund.Appropriations for the ultimate acquisition of these easements are included in Water Division’s FY2015 Capital Improvement Program budget within the 2010 Water Revenue Bonds A-1 Fund (40118).Project construction is expected to start in 2016. Attachments: Resolution of Public Use and Necessity Easement Location Map City of Fresno Printed on 12/16/2022Page 6 of 6 powered by Legistar™ NilCEIVED Agenda ltem: 11:00 A.M. lD#14-422 Council Date: tÛl 231 2Ot4 ¡û1T tcT 20 Rn 8 SnEsNo clTY couNclL CITY CLERK, FRESHO CA City of =o-Gllrs\r/zfflE-=iE7¿.ñ\- Supplemental lnfofmation Packet Agenda Related ltems - Meeting of October 23,2OL4 Supplemental Packet Date: October 20,2Ot4 Item(s) 11:00 A.M. File lD# L4-422 - CONTINUED HEARING to consider a Resolution of Public Use and Necessity for Acquisition of Permanent Utility Easements and Temporary Construction Easements from APNs 580-040-025 owned by Frances M. Ricchiuti and Patrick V. Ricchiuti, Co-Trustees of the Frances M. Ricchiuti Family Trust and Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust; 580-020- 20S and 580-020-225 owned by Leonard and Nicholas Verni; 580-050-01S owned by Patrick Vincent Ricchiuti, Trustee of the Patrick Vincent Ricchiuti Family Trust; and 580-020-21 and 580-020-23 owned by George C. Goshgarian, Kathleen A. Goshgarian, Michael Morales, Leonard Verni, Nicholas Verni, Steven G. Fogg Family Partnership, and Christopher T. Lum as Sole Trustee of the Steven C.Y. Lum and Catherine J. Lum Trust Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(21. ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator canbe made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office at 621.-7650. Please keep the doorways, aisles and wheelchair seat¡ng areas open and accessible. lf you need assistance with seating because of a disability, please see Security. ~ , a.· " o' .... ~0 ect> « \-,"\ I Number APN 8 581-020-225 9 581-020-23 10 581-020·205 "~ I 00 11 581-020-21 17 581-050-015 w ~ ~ 0 :j ~lf'•1 0 0: & tt w Cll ~ COPPER AVE "' 0 7110 1.500 e l~ond -F'rtUI•to Pmtf PROVOST& J ··~l'fti.Lotld.atl 1-'IWU 1;\1-:ll 21!6 W. CIUWdA>Ia. D J.uvnnli.Ot~JOh Bf*!i jf!Fit I I I!!! t flllnD.¢At371t-4i162 , ..... _.,,!t~•·•.-f.lo.••tf:n-~ [SSQ).uD-2700 ,) e~RJWc;:,"''-V'O 18 581-040-025 M>ltJ: 1 . ....., OlliiiM. lloo<IA<U .. 1. '-J.beotfll>ll'£d«>'i!liali>W«<IO<Iftltll-"""O."tllt> d .... 'lll :; 1 .... ~-C.vlJI .......TW'IIOUi (USSR l.v~~) (!)_, z ~ (/) ::E 0: Landowner Vemi Goshgarian et.AI 1 Vemi Goshgarian et. AI. 1 Ricchiuti Ricchiuti ""~""+ Permanent Easement 2.45 Ac 1.72Ac 0.56 Ac 4.19Ac 0.33 Ac N/A I ~ .... .,~ 0.55 Ac 0.24Ac R3W W3ter Pipeline City of Fresno Easement Locations -IIIH5-14 R-LCEIVED ¿û1'{ "1[1 2Û ffn B tz CITY CLERK' FRESNO CA Agenda ltem: 11:00 A.M. lD#t4-422 Council Date: LOl23l2Ot4 FRESNO CITY COUNCIL City oTÉo=allSrzz-fflE-=i?7¿¿lr\- Supplemental lnformation Packet Agenda Related ltems - Meeting of October 23,20L4 Supplemental Packet Date: October 20,2Ot4 Item(s) 11:00 A.M. File lD# t4-422 - CONTINUED HEARING to consider a Resolution of Public Use and Necessity for Acquisition of Permanent Utility Easements and Temporary Construction Easements from APNs 580-040-025 owned by Frances M. Ricchiuti and Patrick V. Ricchiuti, Co-Trustees of the Frances M. Ricchiuti Family Trust and Patrick V. Ricchiuti, Trustee, The Ricchiuti GST Nonexempt QTIP Trust; 580-020- 20S and 580-020-225 owned by Leonard and Nicholas Verni; 580-050-01S owned by Patrick Vincent Ricchiuti, Trustee of the Patrick Vincent Ricchiuti Family Trust; and 580-020-21 and 580-020-23 owned by George C. Goshgarian, Kathleen A. Goshgarian, Michael Morales, Leonard Verni, Nicholas Verni, Steven G. Fogg Family Partnership, and Christopher T. Lum as Sole Trustee of the Steven C.Y. Lum and Catherine J. Lum Trust Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(21. ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator canbe made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office at 627-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seatíng because of a disability, please see Security. RESOLUTION NO. ____ _ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF PERMANENT EASEMENTS AND RIGHTS OF WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR PUBLIC PURPOSES OVER , UNDER , THROUGH AND ACROSS REAL PROPERTIES FOR THE CONSTRUCTION OF A RAW WATER PIPELINE AND RELATED PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR PUBLIC USE AND PURPOSE WHEREAS, the City of Fresno proposes to develop a roughly five-m ile long, 60- inch diameter raw water pipeline and conveyance system that will bring the City's existing Central Valley Project (CVP) contract supply raw water directly from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (NESWTF) for treatment and then delivery to the City 's water customers (the "Project"); and WHEREAS , the proposed Project is necessary to provide a more reliable , uninterrupted service to the NESWTF; reduce severe groundwater overdraft; supply an alternative connection to the Friant-Kern Canal to deliver the City's CVP water allocation to the NESWTF so as to fully utilize the water treatment capacity at that facility; enable the new pipeline to be the primary conveyance for the raw water source and the Enterprise Canal to become the backup conveyance ; provide improved raw water quality by protecting the conveyance system from both inadvertent contamination and intentional malicious acts ; reduce chemical treatment costs by utilizing improved quality supply water ; provide onsite hydropower generation for the NESWTF thereby reducing purchased power costs ; and reduce previous power consumption and costs by eliminating the use of Enterprise Canal raw water pumps when using the primary supply Date Adopted : Date Approved : Effective Date : h:?_""\ City Attorney Approval : ~ 1 of7 Resolution No. ---- source as well as reducing the need for well pumping throughout the City; and WHEREAS, the Project was assessed in EA-11-13 under the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration and mitigation monitoring and reporting plan was adopted by the council on June 14, 2012; and WHEREAS, the Project is being assessed under the National Environmental Policy Act (NEPA) by the US Bureau of Reclamation and a Finding of No Significant Impact (FONSI) is anticipated pursuant to the NEPA regulations and procedures; and WHEREAS, the easements are located in the unincorporated area of Fresno County and by action of the County Board of Supervisors on March 8, 2011, a copy of which is attached as Exhibit 6, the County has granted the City permission to acquire easements within its jurisdiction by condemnation; and WHEREAS, the Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; it is necessary to acquire easements and use temporary construction easements (TCE) from the subject properties for installation and construction of the pipeline and to provide for ongoing maintenance and operation of the pipeline; the design of the project has been reviewed and some changes have been made to minimize the effects on the individual parcels, but the Project cannot be constructed without acquiring the minimal amount of permanent and temporary easements being sought; and WHEREAS, it appears necessary and desirable for the City to acquire permanent easements and to obtain temporary construction easements over, under, through and across the real properties (hereinafter called the "Subject Properties") for construction of the Project and related purposes; and 2 of7 WHEREAS, the general location of the Subject Properties and the current ownership of the Subject Properties is as follows: Project APN of Subject Location Owner(s) Parcel Property Number 1 (Pipeline 580-020-20S & 11990 Auberry Road, Leonard Verni, Nicholas and TCE) 22S Clovis, CA 93611 Verni 2 (Pipeline 580-050-01 s East of Willow Avenue, Patrick Vincent Ricchiuti, and TCE) South of Copper Trustee, the Patrick Vincent Avenue, Clovis, CA Ricchiuti Family Trust, 93611 under Declaration of Living Trust dated May 17, 1985 3 (Pipeline 580-020-21 and Foothill Lane (Private George C. Goshgarian; and TCE) 580-020-23 Road), Clovis, CA 93611 Kathleen A. Goshgarian (Kathleen A. Gregory); Michael Morales; Leonard Verni; Nicholas Verni; Steven G. Fogg Family Partnership, a Limited Partnership; Christopher T. Lum as sole trustee of the the Steven C.Y. Lum and Catherine J . Lum Trust dated August 12, 1991 4 (TCE) 580-040-02S East of Willow Avenue, Frances M. Ricchiuti & North of Copper Avenue, Patrick V. Ricchiuti, Co- Clovis, CA 93611 Trustees, The Frances M. Ricchiuti Family Trust, Trust B, UTD dated May 21, 1982; Patrick V. Ricchiuti , Trustee, The Ricchiuti GST Nonexempt QTIP Trust, UTD dated May 21 , 1982 3 of 7 WHEREAS , the permanent easements to be acquired and the temporary construction easements and their general location and extent are described and illustrated in the corresponding attached Exhibits 1 through 4 ; and WHEREAS , the general location of the Project , and its relation to the Subject Properties and the permanent easements and temporary construction easements to be acquired, is illustrated in the Attached Exhibit 5 ; and WHEREAS , the City has the power and authority to acquire easements and rights of way by eminent domain in accordance with the California Constitution , California Eminent Domain Law , Section 200 of the Charter of the City of Fresno , and pursuant to Government Code Sections 37350.5 ; and WHEREAS, in accordance with Section 7267.2 of the Government Code and 25 C.C.R. 6182(d), an offer to purchase has been made to the owner or owners of record of the Subject Properties ; and WHEREAS , in accordance with Section 1245 .235 of the Code of Civil Procedure , notice and reasonable opportunity to appear and be heard on this matter has been given to the persons whose property is to be acquired by eminent domain and whose names and addresses appear on the last equalized county assessment roll ; and WHEREAS , at such time and place , or as soon thereafter as the matter could be heard , the Council received , heard and considered information pertinent to the matters required by Section 1245 .230 of the Code of Civil Procedure to be determined herein ; and WHEREAS , the permanent easements and rights of way will be appropriated to a public use and in accordance with Code of Civil Procedure section 1240.510 the 4 of7 proposed use will not unreasonably interfere with or impair the continuance of any public use that may now exist or may reasonably be expected to exist in the future. NOW, THEREFORE, BE IT RESOLVED the Council of the City of Fresno finds, declares, determines, and orders as follows : 1. The public interest and necessity require the proposed Project. 2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury . 3. The permanent easements and the temporary construction easements are necessary for the Project. 4. The offer to purchase required by Section 7267 .2 of the Government Code and 25 C.C.R. 6182(d) has been made to the owner(s) of record. 5 . The permanent easements and the temporary construction easements situated in the County of Fresno , State of California , are more particularly described in Exhibit A and illustrated in Exhibit B. 6. The City Attorney is authorized and directed to institute and conduct to conclusion, in the name of the City, proceedings in eminent domain in accordance with the provisions of the Constitution of the State of California and the California Eminent Domain Law, to acquire easements in the name of the City for public purposes . 7. Project ID WC00038, Fund 40184 , has been established to disburse the necessary funds for the acquisition of the easements and to pay for litigation expenses, including staff time. 8. The Controller of the City is authorized to disburse out of the above trust account , as approved by the City Attorney , such amounts as may be required including 5 of7 costs, witness fees, and attorneys' fees, to acquire possession or title to the permanent and temporary easements. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES NOES ABSENT ABSTAIN Mayor Approval: _______________ , 2014 Mayor Approval/No Return: ___________ , 2014 MayorVeto: ___________________ ,2014 Council Override Vote: ______________ , 2014 YVONNE SPENCE, CMC City Clerk BY: --------------------Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: -------------Katherine B. Doerr, Date Sup. Deputy City Attorney KBD :elb (65446elb/kbd) Reso 08 /18/14 6 of7 Exhibit 1 -Verni 1-A legal description/pipeline easement/580-020-20S 1-B diagram/pipeline easement/580-020-20S 1-C legal descriptionfTCE/580-020-20S 1-D diagramfTCE/580-020-20S 1-E legal description/pipeline easement/580-020-22S 1-F diagram/pipeline easement/580-020-22S 1-G legal descriptionfTCE/580-020-22S 1-H diagramfTCE/580-020-22S Exhibit 2 -Ricchiuti 2-A legal description/pipeline easement/580-050-0 1 S 2-B diagram/pipeline easement/580 -050-01 S 2-C legal descriptionfTCE/580-050-01 S 2-D diagramfTCE/580-050-01 S Exhibit 3 -Foothill Lane 3-A legal description/pipeline easement/580-020-21 3-B diagram/pipeline easement/580-020-21 3-C legal description/pipeline easement/580-020-23 3-D diagram/pipeline easement/580-020-23 3-E legal descriptionfTCE/580-020-23 3-F diagramfTCE/580-020-23 Exhibit 4 -Ricchiuti 4-A legal descriptionfTCE/580-040-02S 4-B diagramfTCE/580-040-02S Exhibit 5 -map of entire project Exhibit 6 -county authorization 7 of7 Exhibit 1 -Verni 1-A Legal/Pipeline 580-020-208 1-B Diagram/Pipeline 580-020-208 1-C Legai/TCE 580-020-208 1-D Diagram/TCE 580-020-208 1-E Legal/Pipeline 580-020-228 1-F Diagram/Pipeline 580-020-228 1-G Legai/TCE 580-020-228 1-H Diagram/TCE 580-020-228 I i I ,. ,, I; I I j: f: I I I f ~N: 58()-020-208 (Portion) Pipeline Easement EXHIBIT ''A" Page 1 of I All that portion of Parcell as described in that Grant~ recorded August 1, 199T~ Document No. 97097846, Official Records of Fresno County, situated in the southeast quarter of Section 6, Township 12 South, Range 21 East, Mount Diablo Base and Meridi~ sitlJQ.ted in the County of F~sno, State of California, ,according to the Official United States Government Township Plat thereof; being more particularly described a,s{ollows: COmmencing at the south qlliirtercomer of said Section 6; thence South 87° 32' 07" East, along the south 1~ of said south~ qua.rter of Section 6, a distance of1382.l8 feet to the point of in~ction with the east~ly rigbt-df-way line ofthat"portion of Auberry ~oa.d ~ously ~oated for p~lic ro~ purposes by .that deed recorded April ~1889 in Book 92 of~ at Page 433, 0fficialR.ecords ofFresno CO.Uilly, and shown on the County ofFremo .Rigllt ofWay Maps for Aubetty Road, Drawing-No. 3465, saitl point being -the True Point ofBegimling; then~ 1) North ooa 11' 47",East. alo~~d easterly right-of•way line, a distance of417.84 feet to the inters~tion w,ith ,the west line of the east half of the southeast quarter of said Section 6; thence ~) }'lo~ 04° 1 3.' 53" B~t. Blopg ~~d west line, t djstance of265.86f~ to the northwesterly lin¢ ofsaid. Parcel 1 ;. thenc,e 3) North ~w»-59' 06!' East, 'alo~ said northwesterly line. a distance of 40~'1 5 feet; thence 4) 891.ith,04° 18' 53,. West, paratlel with and 35.00 ,feet easterly of said west line, a distance of 28•t26feetto a ,pointibat--is 35.00 feet easterly of, measured atright angles, ~d eas:terly rigb,t·of-~y liQe; th~~ ~). ~outh 00° 11' 47''·West, parallel with and 35.00 feet easterly o.fw1l easterly right-of-way line, a .distance of4P .97 feet to ·a point on the !Iouth 1iDe of said ~ quarter. of Section 6;then~ · 6) ~oJ;th 87° 32' 0.7" West, along said south line, a distance of-35.03 feet to the T~ Point of Beginning. CQnta:ining an area of24,2~4 square feet, mtlre or less. 201():;076 ts-A:.:sfit WINO; 5354 END OF DESCRIPTION I W. UNE Of E. Of S.E. 1/4 SE~. 6, 12/21 I PLAT NO. 0002 WJ 5354 a ~ 0 a: EXHIBIT "B" . PARCEL J REC. DOC. No. 97097846 O.R.F.C. APN: 5BD-020-21 LEGEND ~ AREA TO Bt .. DEEDED FOR .UNDERGROUND ~ PIPEUNE PURPo5fS (24,2.54 SQ. FT.) O.R.F.C. OFFJQAL RECORDS FRESNO COUNlY T.P.O.B. lRUE POINT OF BECINNJNC P.ClC. POINT OF COMMEN.CEMENT • PftEVIOUSLY DEDICAlED FOR PUBUC ROAD PURPOSES BY A DEED RECORDED 4/8/1889 .. BOQk t2 OF ~DS AT PAGE 433. O.R.fi¢. ANI:) .. $iOVIN ON COUNTY RICHt r1r WAY MAP NO. 3485 APN: 580-02D-20S S.E. 1/4 S.E. 1/4 S.EC. 6, 12/21 , ... 100' SCALE IN FEET h, . -~·;:;::[ ·::: __ ::J.:Jr.::·H:.: : :: . :;::·:-1 a s·o ,·oo 20o APN: S80-020-20S (Portion) Cons.tructiou. Easement EXIllBit~C" Pagelof2· All of that portion of Parcell as described in th• Grant I)eed rec<>.rdedAugust 1, 1997 as DoCUJDent No. 97097846~· Qfficitl RCCQrds ofFrcs~.o Counqr,, lrint~ in -tbe southw~ qu~ of Section S and the S®theast .quartcr.-ofSection 6, Township · J2,,8outh, Range 21 East, Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, acCording to the Official United States Government Townabip Plat thereof, described as follows CommQJ.cinJ at the north~ comer ofthe wcsthalfof $aid southweat quarter of said Section 5; thence Soutli 03° 53' 42'' West, along the cast line of said west half, a distance of 612.16 feet, to the point ofmtersection with the northwesterly boundary of said Parcell, said point being the True Point of'BeginlliQg; thence 1) South 64° 59' 06;' West. along said northwesterly boundary, a distance of 1519.23 feet to the westliiie ot'said southwest quarter; thence continuing along said northwc:s,tcdy boundary 2) South 64°59' 06" West, a distanee ofl481.09 feet tQ ap()int tlUitia 35.00 feet easterly o~ measured ~risht angles, the west' line of the east half ofthc southeast quarter of said SeCtion 6; then.ce 3) So.utltJ141f!tS' 53" West, parallel witban.d35.00fect castedydf~d w¢St line.. a distance of 284;26 feet to a point thaHs 3S.OO feet easterly of, m~ at .ript angles, the easterly tigl.lt"':Of•way.line of that portion of Auberry Road prc\riously<Jeclj.r;atedfor public road pu)poscs1by that deed ~ed Apn18, 1889 in Book 92 ofQeeds at Poge 433, Official R~ QfFrt&no C~ty, an,d shOWP QJI. the Counqr offremo ·Righ~,ofWay Map!J for .AubQzy Road, Dra\ving .~o. 346S; thence · 4) South .00° 1 i' 4'rt West, parallel with . and 3SJ)O feet ~lyofsaid right-ot:way line, a distance of417.97 feet to ~:e solrth line of $lid south~.t q~ ofSCQijon 6; th~ce S) South.87° 32' 07'' Ea$t; along said5Quthline, a distanccof3a;p~~·thence .6) North 00° 11 ~ 47'' East, parallel with and J3.00 feet Wt~yof'iaid''right-()f.way lin~ a distpce o;f 418.11 f~ to a pOint that is 73 .oo feet ocasterly of, m~ at right ang\es; laSt said west line; thence 7) ·N.orth 04° 18' 53" East. parallel with and 73.00 feet easterly oflast said west line, a di$.tance of 258.~7 feet to It point tbatis 40.00 feet southeastciriy of, measured at right angles, the rii>ithw~ly b01mdary of said Patccl 1; thmec 8) North 64P 59' 06" East, along _ ll line that is parallel With and 4o.OUf~ southeasterly o~ measured at right angles, said northwesterly boundary, a di~cc ofl-43 .7. 78 feet to said west line of ~aid so1.rthwest quarter of Section S; thence continUing along 1~ said parallel line 20l()..()76T l5"'A~8777T wfNo-.5354 I. I I I ,, EXHIBIT "C" Page2ofl 9) North 64° 59' 06" East, a dietance of 1519.34 feet to the eat line of the west. half of said southwest quarter ofSection 5; thence lO)North 03° S3' 4~" Bast, along Biid·eiSt line, a distance of4S.69 feet to the True Point of Beginning. ContailliDa an area of3.34 acres, mOI'c or less. 201(M)76T lS-A:-87771' WJNo.53S4 END OF DES.CRIP'tlON 1: li I I., EXHIBIT '''-0" {PAGE 1 OF 3) P.O.C. N.E. COR. W. 1/2 OF S.W. 1/-4 Of SEC. 5, 12/21 APN: 580-020-28 DAlE SKJm ZPifl/i.l <C .••.• ·, ..• ! PlAT NO. 0002 s.w. APN: S8D-02D-24 NORTtfYIJ;STERLY BOUNDARY PARcEL _1. DoC. No. 97097846 · o.R.r<c. E. UNE OF W. 1/2 OF S. W. 1/4 OF SECT. 5, 12/21 APH: 580-020-205 S. Jr. 1/4 SEC. 5~ 12/21 -.::::· .. ···"'--~-··-='·'-. -;-·, .. · •. . ·-----............. ,., .... V7771J AR£A FOR TEMPORA9Y CONSTRUC110H 'lLLLtJ PURPosEs (3;34 ACRES) . T.P.O.B. TRUE PCWT OF BEGINNING O.R.F.C. OFFICIAL RECORDS FRESNO COUNTY ,. -200' SCALE IN FEET : 1 ,.t, .. ];r:;,;:;,;;.-;~Jl:.":: __ "· .. -:r 0 100 200 400 . WJ~ r· I I 1- i H ~~ 1' r J. ! l I I I I I I E·x-·H····_<,I ·.s····t ·~o· ... "D· ~' . . ..... ,·:· _.. : ~:.\ . . _; . ...• .. ,. . (PAGE 2 OF 3) N.E. 1/4 S.E. 1/4. SEC. 6, 12/21 .1:- ... ~'-~.- .,.-~-· ·.:: ..... ·-;~-APN: 580-02o-1G . ·--~ " / .. ,, ..... -._,. l :'•;L;;,;;,ij~ S.E. 1/4 .. · Ol'llr'··-- S.E. 1/4 SEC. 6, WEST LINE OF . _~.,...,...--E 1/2 Of" SE 1/4 OF' SEC. 6, 12/21 NOR~~TER.LY SOUNI)ARY "··., __ ,..._-..., PARCEl ;, .Q.OC. No. !)7097846 o.R.r.c. / LEGEND -;·. ... -""'""~"''"'''''' ............. ::,_. ···':·" · • · ••·· • :. ·:·:::::;:::;--; ··: · :--·o·:~--·: ... :. ·-····~::.-:c:.7.~ .•.... , ··· .:. · .. ::.:-·.::• ... f777lJ AREA FOR · m4PORARY CONSTRUcnOH 'i.LI.I./J PURPOSES (3.34 AeRES) P.O,B. POfHT r:JF BE~ING O.R.F.C. Of'FICtAL RECORDS FRESNO COUNTY W. LiNE OF S. W • 1/4 SEC. 5, 12/21 APN: 580-02o-20S 1. -200' SCALf IN FEET :l :.''''···::'''';:,~).( .... ······~:i•:': •.. .•.. ,,llll,,,,,,,,l!lll,:::i 0 100 20o 400 ' : ; WEST UNE OF E 1/2 OF SE 1/4 or SEC. 6, 12/21 Ex-H·· -·1 -B'~_·· ·I·T:_ -"D." ... ..~~, . ·. ·•, .. . . . . . (PAGE 3 OF 3) -~....,.,_.... APN: 5Bo-02o-21 PARCEL 3, DOC. No. 97097846, O.R.F.C. FOOTHILL LANE (PRIVATE ROAD) APN: 580-02D-20S s.E. 1/4 S.E. 1/4 SEC. 6, 12/21 418.11' 3a03' ,. -200' SCALE IN FQ:T est······: ___ --· .'Iii!--:; ....... --·'"·-__ ---__ .. _.t 0 100 200 ~ SEC. 7, 12/21 h§,~¥:~:J:t~-• ..... _ ~ -:· _. . -. DAlE SGNED: 1..,/Jl/J.t ~ AREA FOR TEt.fPORARY CONSlRUCTION PURPOSES (3•~ A<MS} P.O.B. POINT OF' BEGINNING O.R;F•C. ClmQAL RECORDS FRESNO CCUNTY • r I ! l I r j: I-t I. I I I· I I I· l i I • I APNf 580-020-228 (Portion) •Pipeline Easement EXHiBil'. ''~" Patg~'lof2 AU of that portion of Parcel 1. as dc;soribed ip tbat Grant D~ed ~rded August 1. 1997 as Document No. 97097846, Official Records ofFresn~ .CQunty, situated in the west ~f of Sections, Township J2-SQ.~ Range 21 East, Moun.t.Djablo. Bast and t4eridi~ sitW,lte in the COunty ot'Fresno, State of · ·Calif6~ a¢cOrding to the Officia1 U.riited sw~:.oovemmentTownship Plat tbereo' being more particUlarly desCribed as folio~: Seginnilig at the southeast corner of the northwc;stq~ ofs~d -Section 5; thence 1) North 03° 46' 35" &,st, along -tbe caste.rly fu.lc.:_of~e ,northwe~t q~ of sa!d Section 's, a distance of 65.12 feet; thenee i,teaving w"'d easterly line 2) Nod:b. 89° 39' 38" We$t; PlU'illel with and 65 ;QO ·.f¢et ~qrtl1erty of the nol't4line.ofthe sou~~ quarter of said ~~tion s, a disfinlce,o£~254.61 fe~ to a point on the nc:)rth'Westerly \JoUild.aey of said Parcell, saidpoiptbeing a:ppiot.on the~ 0fa non-tangentcurv~concave ,~qrtfJ.westcrly and having ~rad!US of 1176.00 fec.t,::a,taaiaHo .$lid point bears $outh j7o 27' "~9'; EB$t~ thence continJupgalQJ~g ·said _¢ithwe5~ly bounelar)' theJollowmg.five :courscs ·and di~ces: 3. )_ soutbwesterl" al -th·· arco.t 'd·.·· ... ····n-tannentcurvejlirouft"' a central 80"1-:of .... · , .. y, ong . e .. _ .. s,m" .no .... "6 ... .. ... _, .,P . ~- , ,01·0 58!''15.;', aii ·iirc ciis~ce~ot'40;S?);fe¢t; thebc;e · 4) -SoUtp S4 9 3 1'' 06" West, a cli:Jtance of;69;5'4ffeet(o said AOrth line of the southwest quarter· of Se¢tipn. S; thence contixlJliQB. · ~) South 54° 31' 0§'~-West, 11 4($ta))ce .ot:S07 .76··~t tQ tbf;~ ~in.t.of bcgjnnklg Qf ~ oqn;;,tangent a.~e cQ.p.~c i nOJ$~stetly'$1id having a radius of tJf~,()O f~ a radial·-tb ·s&id poirit beafs .$buthJS<ii;29' '56!' East; thence ()) ·s~ni.tli~]y, aloog 1h.emv •o.fl~'~d ll.Q~f~eftf~'*' tb'rougb a C(mtt'~langle qf · · 10°<29' 02"~ an aro dis~c~.ot·~j:$~13 f~einhetic~ · · .. · 7): $out!i ()4° S~' 06'' ·wc·st, ~ cijs~ ot l9:7;9J feet to tlj~ pojnt,,of~usp of-a ~$.~t c~c · CQnQ4vt-~utherly and having a ~vs o.f47S.Q.O-f~·-then~ -leaVing said nqrth~ste!ly bouri4ary ' , ' ' ' ~ . 8} ·e.ly, alQpg ·~·ate of smd 'tang~tCUl'Vf:/thrQugh "a '*~-shglC;.·of2J 0 · 0$' 39"r~ ·an 'ale distailceott75.29J"ecuo .tilebe '''' ·· · ofa ··mcclJt'Ve ;ci:u'iQ&venortherl andhAYin ·a ...... -.. __ ........ ____ .gQUllllg ____ . --~-..... , ...... · .... Y ......... _ .. _.,_a .. (BdiuS of 525 ;00 feei; th~n~ · ·.. . ·· 9} e.)asteJ:ly, alc>hg fl\e arc of~d~ver;se curve,,tbroUSh ,~:¢entritl;qngJ.e ·ofZ0° 40'-40~~ ~,arq di$.t@nce ofl8?:47 'feet; th,ena, · · · · · lQ)So~· 4Q9 . 30'' 40~; ~' n.Qn~~gentt9 '~~-revers~ ~e.,-,~ di'StaD.~,.of3 Lf3 feet ,to Ul~r · , · mf ofbe • · · ·· -of.a non4ai~gentcurve .coneaV:e noi'thwestert . ··and ba: · • a radius·'of ' ,fss.dQ r~~il to ··saia:_wfttt~;~~W!:2so.~~k,S rit~t; fbenc.e -~ -' · · .·· · i I I I_· I I· . I I I l I' L EXWJUT-'~" PageZofl ll) northeasterly, along the ate of ~{rid nop-tang~nt c~c, through a central angle of 10° 02' 57", an arc distan9e of97.34 feet; ~ce 12) North 54° 31" 06" East. p8rallel wi.tjl an.4 11$.00 feet southeasterly of, m~ at right @Ogles:, said n9rthwestetly boun4ary, a:diswnee Qf 547.77 feet ~o the beginning of a tadgent curve concave northwesterly and having a radius of 1291.00 feet; thenee 13)northeasterly_. along the att ofsaid tangent cwve, throusJl a cetrtral angle of03° 48' 44", an , arc distance of8S.90 feet to a pOint ori qid north line of the southwest quarter; thence 14) Sou~ S9° 39' 38" ~ along !J&id north lin~, a distanCe of 148.01 feet to the Point Beginning. Containing an area of2.4S acres, more or less. 2010-075 1S-A~B776 - WJNO.s3s4, END OF(>ESCR.IPTION I I- I I 1: i- EXHIBIT "F" LEGEND ........ : ...... , ... ·: rZ2 .. AREA TO BE DEEDED fOR UNDERGROUND PIPELINE PURPOSES (1.45 ACRES) O.R.F.C. OF'FlCIAL RECORD FRESNO COUNTY P.O;B POINT OF BEGINNING N.W. COR. or E. 1/2 OF S.W. 1/4 SEC. 5, 12/21 0 N.W. 1• -2oo' SEC. 5, SCALE IN F~ 100 , , NORlH UNE OF SW 1/4 SEC. 5, 1 PARCEL 2 DOC. No. 97097846 O.R.F.C. APN: 58D-uzu--<~:.:>,..,..,.,.. ,·, :~Jit"15i1fci'<k~~~-·· 1"'!'. ~ ..... APN: 58D-02D-22S . . ... -~ .... ;. .. . .. ":'''U.Nt . :•':,;:;; .~INC .", .. ·:; :;:LE:NGJ}J :". .. . 111 Y . . :~ : · sect-39.~38~£ r: ···· 14a:o1 . ·-----Le ----······ .554-'f31~oe~w · --eg:~ •· "L7-· ·· ... ·::ss4os9·oo~w : ·: ts7:s·~ : y·-· , .... -----~·-. ·-... . ... -···-'•' -·-·' BIG DRY CREEK DIVERSION CHANNEL '' . ' i· I ! I· I APN: 580-020-228 (Portion) Construction Easement EXHIBIT "G" Pag~ 1 of2 ThoscPQrtions ofParcell as desciibcd in thatGrantD~n:corded August I, l997as'D'ocument No. 97097846, Oftic;ial, Records ofFrcsno County, situated in the: west half of Section S, To~p 12 South, Range 21 Bast, Mount Diablo Base and Meridian, situate: in the County of Fresno, State of Ctwfomi~ acQOtding to the O$~ Unltecl States Oovemmep,t Township Plat tb.ereof, being more particularly describec1 &Sfollows: Commencing at the southeast coD'i.« 6ftlie northwest qUarter of said Section S; thence North 03° 46' 35" Bast, along the east line of the nortJ1west quarter ofsaid Section S, a distance of 6S~t2 feet to' the True Point ofBeginning ofthis description; tbenQC l) North 89° 39' 38" West, parallel with and 65,00 feet north of the south line of~Cl northwest qUart~, a distanco,of2$4.67f~_ to .a point on the noJtb,w~stedy boundary ot'said PltCell, sUd pointaJ&o.being •apoijlt ()JlthC qrc :o£ a DOD-tan,gc;Dt CUIVCj,,QonC&VC northw~crly and baviDg a radius ofh76.00 ·fee~ a radial to said point bears South37° 27" 29" East; thence ~) ~ez.:ly,>alons.~ei(~pt:~g~gn,t@P.ge;pt curve and~~illsad n~w~tqly bo~d&ry, through a ccntr8l@glo'Qf0l 0 S,6!·43Y', and an arc dis~ of39.93 feet; th~ leavmg ;said northweisterly boUJldary . 3) S®~ 89° 39' 38" ~~~pa@ijet:wltli ;and, 90;0Q feet n.Qrth of saj6 south lin~ a distaD~ of 225.04 feet to said eastlmci th~ce · 4) · South. 03° 46' 35" West;, along ~aid eas.t 1~ a di,stanco of2S~05 f~ to the l'J'U4' PQint Q,f Be •·' .• ' ' < JlQ.JUilg. Cbntirinii1ganatea .of0.14 acrcs,JJioreortess~ ... ···'··· ......... · ..... ·.· . .Pa.:ccl "B" Commencing at the southeast cornc;r. ofthe'nort.hwcst quarter ofsaid Section S; thcntc North 89° 39' 38~' W~ along;~thenorth line o'ftbc southweSt"quarter of said Scctiol1 S, a .dis~ of 1329.78 (cct to th~·northw~ cemfer of the ~f 1Wf .9fthe ~Wce~t q\U,t,tt«!r of Hid S~on ~; tb,{;llqe SoUth 63 o 53' 42'" West, alppg. 1he westline of, said <~ hair' of said southwest quarter, a distance of612.16 feet to a poinlon the ~oitbwesterly boundary of we! Parcell' said· pOtntbeing the True Point of Begifipihg ()f 'thls d~on; thellee l) ~9rtb ~~ $,9' 06" East, along sai4 Jlorthw~tedy boundacy<)f' saJd ParceJ 1, a distance of 279~80f~ b) the beginn;og.ofa~gentCUJVe oonca,ve sOutherly and having a radius of 475.00 ~ th~ce Ieavins saUl rioribwcst~ly boundary , 2) 'caSt~ly, along the~ ofs~d tangenJ curve, through a central angle of2l0 08' 39", .. @Jld an arc,distan~ pf 175.29 feet to thebcgiDning of a .rcverse <furvc concave northerly ~d bavmg 'a'l'f.di'US ~f,~25.00 feet; then~ I I. L I I EXHIBIT "G" Pag~l ofl 3) easterly, alqng the arc qf said revc~c cwve, through a central angle of 20° 40' 40", an arc distance of 189~47 feet; thence 4) South 40° 30' 40" East, non-tangc:ntto:Baid reverse curve, a disbQ:lce of31 ,l3 feet to the point ofbejinning of a nono;tang~t curve-concave nort.hwesterly and haVing a tadi1iS of SSS.OO feet, a radial to said point bears South 2S0 25' 51" East; thence 5) northe.uterly, along said non-tang~t'curve through a central angle of 10° 02, 57", an arc cijstance of 97.34 feet; th~cc 6) North 54° 31' 06" East, parallel witli and 115.00 feet southwtcrly of; measured at ~t angles, said nQrthwcS:tcrly boundary, 1\ distance of 547.77 feet to the beginning of a tangent curve concav~ northwesterly and haVing a radius ofl291.00 feet; thence 7) Northeasterly, along saidtangentcurve ;tbfoUgh a ceilfral in'gle .of03° 48' 44", an arc distance of85.90 feet t() the north Unc 'ofthe:SQuihwe&t quarter ofa&id S.ecnbn S; thence . 8) · South 89° 39' ~8" East, along said ~orth line, a distance of 115.94 feet tQ the ilo~ly extenSi.op of a lin~ paiallcl with andl80.00 'fecft southeast:Crly ot: nieasured at right;anglc8, th~ no:rthwcStc:rly ~uD:diryof Said ' :Pa;cet t; thence . 9) South 54° ~~ '' 06" West, ~el with and l ~0.00 feet southeastaiy Qt; measured at right angles ;-said lioith~ybolmdary and .its no~easterly and southwesterly dttcDBi.PDS~ a distance of l 098 .20 fec;G tiience · - lOJNorth 25C! 00' 54'.''Weska distaJlce of 12~t~3 " feet;· thence ll)ljorth·70° 00' 54" West, a .~~of70.'Zl feet; the.pcc 12}South 64° 59' 06'' West, parallel witti &QQ40.00 feet southe&stctly o( IQeasured at righ~ angles,,said northw~yboun~·~a its northeasterly ~•iQn;. a: distance qf360~82 fC,!:t to th,c west line of said ~half oftbeJOuthwest quarter; thence 13) North Q3° 53 .' 42" EaSt; along said weSt line, a distance of 45.69 feet tQ the T~ Point;.of B~g. Containing an area of2.44 acres; more or i~. 2010-01ST 15-A~776T WJNO.S354 eND OF DESCRIPTION , •• 200' SCAl£ IN FEET 1.: ... •t "'· d '''l d d •••• -••• ·_: l 0 ~~lH = OF lltE swltCJO N. W. 1/4 SEC. 5, 12/21 · .. ,.~~~-~ ·1/<J _OF SEC110N _!• 12/~ .. N89"39'38"W .. 1329.78" . CORNER OF THE EAST NORJHWESlERL Y .. · · , ~r-~e:~~rJJ'JJ~rUI · • .·· OF lHE SW 1/4 Of OF' PARCEL 1 REC. SEC110N 5, 12/21 NO. 97097846 O.R.F.C. 6:.15!!i.f!'.,,·:T- UN£ Of' EAST 1/2 OF SW 1/4 SECllON 5, 12/21 APN: 58D-020-22S s. w. 1/4 sEC. t;, 1~/21 I.E:GENC . _ c,,, •... -• •• A .'<'~ •',_"_",7,:'_",7,",;:p,7..'•': '' • ••A•, • ,' •• '' • ' •• ' ' '• •• ••o ••••-•••••o,,o -~-~·· mJ AREA FOR lBIPORARY. ~SlRUC'IlON PURPOSES P~cEL "A• • (().;14 ACREs) f'-ARCR "'B• • (~44 Ac;RES) toTAL · • (1~ ~l - O•R•F•C. OFFICIAL RECORDS FRE$NO COOHlY P.O.C. PaNT OF CCIAIENCEM£NT T.P.O.B. lROE POINT OF' BEGNtNiNG BIG DRY CREEK DIVERSION CHANNEL Exhibit 2 -Ricchiuti 2-A Legal/Pipeline 580-050-01 S 2-B Diagram/Pipeline 580-050-01 S 2-C Legai/TCE 580-050-01 S 2-D Diagram/TCE 580-050-01 S i · i L I 1: li li !' \· i i · ! i '· APN: 5.80..050-0lS (Portion) Pipe~ Easement EXHIBIT"A" Page 1 ofl All9ft~BJ, I'QrtiQn of the northwest q~r of Section 18, Township 12 Soldb. Rapge 21 East, Mount Diablo~ ~M~dian, ~-in "the ecwnty of Fresno,~~· of'C81ifo9lil; ~to the OfticialUJlited 'States Government Township Plat thereof, being more particUlarly described as folloW$: Commenc~,•t fbc ~llthw~ comer ofthc north half ofthc northwest quarter ofth~ nQrthwest quarter of~~·:~ol'1J8; thence S~uth 88°17'59'' Eastr alons the south line of ~dnorth:half, a diswq,of~OfQ'rf~fQ a.J!P~~:,Qn 'the;east right-of~way li® of that portion of WIIJO!t' Avenue, preViously Cfedi~ fqr ,pu~l~§'b;i&bway pUIJX)ses by~ deed recorded January S, 1881 in Book "T" of DeedS at Page ::560, Official Records of FRSDO County, said point also beipg the True Point of Beginning; thence 1) North 00° 14' 391 ' East, along said east right-of·w~y line, pBi'allel with and 30;00 teet east of the~Jineo!saidnorthwestqU,&rter ofSectiOtl ·I:s, a distance o£615.63 feet to the soutMdy ri~-of.;;way line ofthit portion ofCo,PperAvenue, previously acquiled by the ColJAly ofFICSll~ bytf1at0r,mt Deed recorded August 18, 1981 in Book 11'11 atPagc476, Offi~ialRecords otFresno ~ty; thence 2) Nortb45° S.9' SQ'o' Eas~ aloq8 ~d SQutherly right-of-way line, a distance of27,90 feet to a PQint 30.0()south ,of~ nor(h .:line of said northwest quarter; thence 3) South~88° 14' 58" East, continuing along said southerly right-of-way line, parallel with 8Ild 30~00 feet sOuth ofsaid north line a distance of3;02 feet; thence 4) SQuthO()O 14' 39~ .. w~:~~l ,with and53.00feeteast of said westline, a distance of ~35,60 feet to said S()uth linehifsaid north half; thence S) North 88° 17' 59" We5t, along said south line, a distance of2:3.0l feet to the True Point of Beginning. Containing an area of 14;419 'Square fe~ more or less. 2010.087 15-A-8786 WJNO~J54 :END OF DESCRIPTION Dote •. L..e ·.l· .. Signed .. I ~~~(,,:Jt ;"' ' . ·o _,. _, N. 1/2 N. w. 1/4 N. W. f /4 SEC. 18 T.t2S. R.2tE. PAAta. 7 DOC. No. 9$146790 O~R,f',c. ~N: 580-0SD-015 U;(3ENO r:7A isfii.. TO BE OEEDm. FoR uNDERGROUND lL.L.J PtPEIJNE: PiJRPOSES (14,41i SO. Ft) T.P.O.B. lRUE POINT OF BEGINNING O.R.F.C. OFFICIAL RECORDS F'RESNO COUNTY P.O.C. POINT OF cOWMENcEM~T PRfMOY$L.Y< ~'TEJ) fOR . PUBUC Q) ~Er:~F~ .,. OF ~~~ .tv~~YD~ =ED 08/1«1/1981 IN BOOK 7771 AT PACE 476, o.~F;c. SO,UlH UNE OF THE N 1/2 Of ~E !'IW J/~. OF THE NW 1/4 OF SE:CliON 18. 12/21' ·.:;· "''"""'""''1·.-· - -. . l _ --:~ PLAT NO. 0002 WJ~ ... , Dt'ID'I'VIIiol Of N.W. 1/4. SEC. 18. T;12 S., Ro21 E.. W.O.B. at W. To ~ ~ ~w PtPEiJHE PiJRPoSES . i· I I APN: S80-0S()..() IS (Portion) Comtruction &sement EXIUBIT "C" Page 1 ofl All of~ poni~ o~ .. ~west~ ofSectiOilll, ToV.,WUp 12 Soudi, IWIF21 East. Moum DiabtoBililf:ana ;" ···": ..... fli•.m:lbcC()um.yot"F~Q~·S.ofCilifOqi;i~F~aJotbe Official 'United States Govemment To~ P.bit ~en:Of, being more partiOWailY 'deici:ibed u follows: ~·.at .~~·;cornet '()f~nort&;~~0fthe~~:~f~@MI:,~ quarter of slid Se¢tioifli •;:~ Sij\lth ,88°' t~' 59"~ 81Qna tbe IOUth·liili o(idd.DOI1fl 'balt a distlllce of S3.02 feet:tO 'thC True Poim ofBqinniag; thence 1) North 00° 14' 39~ Bot~lwidlllrld· ~~.QP-(eet asterly ofthc west Jill,= ofllid Section ~::~::!fl~=~~~,~~~:d!t~ AugUst 18, 198lin Book 7771 at Page 476, Officlallb:cotds Fresno COwitY; thelsce 2) South 88° 14' S.~ ~110111 said southerly rigbl..of-~ ~ .... ~ w:id:t:~·3Q.OO feet southofme 11()j\b: lihe of$aid northwest ~ofSec:tion 18, a~ of38~01 feet; thence 3) Sout4•Q0° 14';39~·· Weit:J~el w:ith8Jid .91.00&rcte&tterlyofsaid wc:stliDe,adiacmceof 635;56 feet to Said south line of',&id nOrth half; tfience 4) North 88° 17' ~9m Wf+U, along said south line of said oorth half, adllfjfteeof31.0l feet: to the True Pointofbejinniflg Cou1aining an area. of O;SS acres more oi less. 2010..()871 ts;;A-8786T vhNosaS4 END 'OF DESCRIPTION I: ll ji j: L 1: li I I I I r I I I I EXHHi~lT "D'' LEGE NO r7"77 AREA fOR '1'EMPClRARY CONSlRUC'TICN ILLJ PtJRPOSEs (0:55 AtA£s) T.P.O.B. lRU£ POINT OF BEGIIIHINQ P.o.c. PQit!(t Of'' ~CBCHT O.R.F.C. • N. 1/2 N..W. 1/4 NJY. 1/4 SEC. f8 T~12S. R21E. APN: 58o-m50-01S ,. -10C1 .,· ····--~--"··-~;,:1.~_}·~~iL,"·~· ·'"J; :t<-..... ,.. .... '.'",-··. ' i !" r· I Exhibit 3 -Road 3-A Legal/Pipeline 580-020-21 3-8 Diagram/Pipeline 580-020-21 3-C Legal/Pipeline 580-020-23 3-D Diagram/Pipeline 580-020-23 3-E Legai/TCE 580-020-23 3-F Diagram/TCE 580-020-23 I' APN: 580-020-21 (Portion) Pipeline Easement EXHIBIT ''A" Page 1oft All ofthatpgrtion ofParcel2 and Paro¢13 as described in~ Gran~ p~ recordcc:J August 1, 1997 as DocumeniNo. 97097846, Official Records of Fresno County, ~.in the west half of the southwest quarter ofSection 5 and the east lullfoffhc southe.st·qWittdfof Section, 6/fo~hip 12 South, Range 21 East.-Mount Diablo Base and Meridian, situated:in the County ofFre .. o. ~tate of California, aceording .to the Official United. States Government To~p Plat thCR:of, d~ritied as follows: ·· · Conunencing at. the southwest comer of said east half oftbe south~q~:of Section-6; thence North 04° 18' sa••·East, along the west liiie of·said east half; a ~'of683.S9 feet tO the True Point of Beginning, said point also being the southwest'eooier ofsaidPatcel3; thence 1) Nqrtli 64Q 59' 06" East, along the sol#heasterly boUilCiar): q~)aid Parcel 3, a ~ce of 1521.24 feeno the west line of the . southwest q~.0fsaid. S~on 5;, said pomt~ being the southerly common com~· otsiid P8J'cel2 and 's8idPareel3; tb,ence 2) North ~a 59' 06" East; along the southeasterly bo~ of said P,arcel2, a cijst&nce of 1 Sl9;Z:3 feetto the east lin~ of the west half of the south~st",~r of said Section 5,; thence 3) No~ 03 o 53' 42" East, along tb.~ last said east line, a ~~,of68 iS4 feet tO tl)e northw~Sterly,·bo~ of safd P~l2; thence 4) Sollth•64° 59' 06" Wes~ along,the :onorthwesterlY boundluy of said Parcel2, a ~ce Qf 15~,9.0.6 feet:to the west line pf'e !OuthWestquarterofsald ·•~~on 5, said wint!bcing the northerly common comer of saidP.areel2 and said Pan:ehl'; thence 5) S~~th $..0 59' 06'' West~ alongthe "po~W~~ly ·bOUh~ of$Mp·P~13, .a ~stan¢¢ of 1520:83 feet to the west line of $@id .easthalf'o£.the .southeast :~t'.9f'Se~~® 6;: tb¢nce 6) SoJith O~!J l'8' 53" Wests along the}ast said west line, a diSU!P~'9f§~Jl2·f¢t ~~True Pdint of Beginning. Containing an area of 4.19 acres, more or less. 2010-083 15-A-8782 WJNO.S354 END OF DESCRIPTiON i ,, N.E. 1/4 OF THE EXHlBIT "B" S.E. 1/4 SEC. 6, 12/21 (PAGE \t Of 2) .. ·. _...,... __ ..• j ·::··~~~'.····.:;······::~N~~~~,-·~·:'"~··:···:;;-~GJH . ~~ ·' ;· .... 'L1 _ ... _ ...... ,. ""···so··.-.. ·.-,-.... ~5"'"w· ....... ·.·~·· sa:a2 · · .• : ...... , .... I .. 4 .10·. ~.. . .... .·,,, "",'''","' .. '"'"'""'"",',',' ..... , ...... " ~ ..... _.' ~--~ ~-·· "l WEST UNE Of lHE . \ SW 1/4 Of SEC. 5, 12/21 APN: 580-02o-19 1'·"-~-.,w,:::~T.. UNE Of THE EAST 1/2 OF lHE SE 1/4 OF' SEC. 6, 12/21 .. o.a. SW COR. Of PARCEL 3 DOC. NQ. 97097846 O.R.f.C. LEGEND . . -.~ '· ··'·· ··~-. ' ~-., . . .. -~·. ·····~·7:;:::. .. ::.· .•• :: m71l W.aJ ........... ,,. •, .... ,·····r•7:w·.-:.,,.,_..:.c.; .. ,7,.,.,¥;,;,·.: .• :.; AREA TO BE•· OEEDEQ FOR U.NDERQRQUNO · ~f:'ai.~.E . PURPQSES (4.•18 AcREs) APN: 6QQ-02o-20S S.E. 1/4 OF THE S.E. 1/4 SEC. 6, 12/21 O.R.F.C. ~# ~CORDS fflgNO 1• • ;~00' ~;:a. ::.:~: !~·"~f~l~=j.._ P.O.C. ~ SW C~. OF THE EAST 1/2 Of ~?..· .. · ' SE 1/4 OF SE.C, G. 1~.,...·" · ·-·-~-'''·' ! . ' I I l- i i• l S.W. 1/4 SEC. APN: 580-020-24 LEG.END ~ ·: : .. : . ·.. . -·. ·": • PLAT NO. ~La. (PAGE 2 OF 2) APN: 58D-02D-28 12/21 APN: 58D-020-20S EAST 'tiNE OF THE ·' " .. •·. wEST 1/2 OF THE SW 1/4 OF SEC. 5, 12/2t PARCEL 1 DOC'; No. 97097846 OJtF.¢. ~ .. PnRTitW OF PARCEL 2 DOC. No. 97097846 O~R.F.C. APN: 5Bo..;o20-21 .... , . --···· ..... , ,, ...... ··.:: . .-: \ \ \ I j: 1. APN: 580-020-23 (Portion) Pipeline Easement EXijliJIT "C" Pagel ofl All of that portion ofParccl2 as described in that Grant Deed recorded August 1, 1997 as Document No. 97097846, Official Records ofFres~o County, situate4 in the west half of Section 5, Township 12 South, Range 21 · Epf, Mol!Ilt Diablo Base ... and. M~4ian, m\tl1c .QQ.qmy '>.fFresno; State o.f California, according to the Official United States Government Township Plat thereof, being more particularly described as follows: Commencing at the southeast comer of the northwest quarter of said SectionS; thence North 89° 39' 38;' West, Qlong the north line of the southwest q~r of said Section 5, a distance of339.62 feetto a point on the southeasterly bOundazy ofSIUd Parcel 2, said point being the True Point of Beginning; thence along said southeasterly ooundaty .the following three courses and distances: I) South 54° 31' 06'• West, a distance of507~ 76 feetto tlie ,point ofbegjnning of a non·taogent curve concave northwesterly arid having a radius of 1176~00 feet, a radial to said point bears South 35° 29' 56,. East; thence 2) southwesterly, along the are of said non-tangent curve, through a central angle of 10° 29' 02 .. , and an arc distance of2lS.18 feet; thence 3) South 64° 59' 06" West, a distar3.ce of 477.42 feet td a point on the west line of the east half · of the southwest quarter of said Section 5, said poiJlt bd!lg .South 03 ° 53'42 .. West, a distattce of61~l6 feet from the northwest eomerofthe ceasfhalfoftbe southwest quarter of said Section S; thence leaving said sOutheasterly boundmy 4) North 03° 53' 42" East, along said west line, lUiistance of68.54 feet to th~ northwesterly ~· ofsaid Parcel2; thence along said northwesterly boundary the 'following four courses and distances: 5) North 64e» 59' 06'' ·East. a distance Qf 444.29 f~to the begirming of a tangent curve concave northwesterly and having a radius ofl116~00 feet; thence · · · ·· 6) northeastedy~ along said tangent curve, thtough a ~tralangle ofl0° 29' 04",and an are distance of204.2i feet; thence 1) North 54 ° 31' 06,. East, non-tangentto last said curve, a distance of 424.64 feet to said n()rth line of the southwest quarter; thence continuing 8) North 54 o 31' 06" East, a distance of 111.06 feet; thence leaving said northwesterly boundary 9) South 89° 39' 38" East, parallel with and 65 .00 feet north ofs'aid north line of sa,id southwest quarter, a distance of 101.32 feetto a point on said southeasterly line of P~l2, said J>Qint also being the beginning of a non·tang~Jit ~urve concave northwesterly, and hayfug a radius of 1176.00feet, a tadial to said pointbeats South 37° 27' 29" Eitst; therice · ! ; I I I I. I_ EXmBIT"C" Page -:tof2 1 0) southwesterly, along said southeasterly boundary ofParcel2 and along the arc of said non- tangent curve through a central angle of 01 o 58' 35", and an arc distance of 40.57 feet; thence 11) South 54° 31' 06" West, along said southeasterl;ybOundary, a distance of 69.54 feet to the TlliC .Point ot:13~gi~ning. Containing an area of 1.72 acres, more or less. 2010-082 15-A-8781 WJ. No. 5354 END OF DESCRIPTION LEGEND EXHIBIT "[)" r777A_ AREA TO BE DEEDED FOR UNDERGROUND ~ PIPEUNE PURPOSES (1.72 AcMS) O.R.F.C. OFFICIAL. RECORDS FRESNO COUN1Y P.O.C. POINT OF COUMENCE:NE}(T lRUE POINT OF BEGINNING NORTH UNE OF' THE SW OF SECnON 5, 12/21 . NORTHWESTERLY -~--_,Q··•t ·m· r!tAR:t('""'""'""" OF' PARCEL 2 . 60' PER. PARCEL 2 OF OOC. No. 97097846 O.R.F".C.-'--"""-~"'" ·. APN: 5B0-021f."23 . N.W. 1/4 SEC. 5, 12/21 ... ~~~~~~~ atG . PRY CREEK QIVERSiON · • CHANNEL PARCEL 1 OF DOC. No. 9'7097846, o;R.F.C. s. "· 1/4 SEC. 5, 12/21 J-: . ~ST UNE OF' EAST 1/2 OF" ·~ SW 1/4 OF SEC. 5, 12/,21 ····c;5.' .· 117&~00 ' .. .4();51 . . . . ' DA'IE SIGNED: ~•It•;~, 1• IC 200' SCALE IN FEET 111: ._._,I ·--·--:r~·.'·-:-... ····----] 0 100 200 400 I I I AfN: 580"020-23 (Portion) Construction Easement EXHIBIT ~E" Page'l ofl All ~,portion ofParce1 .2 as d~bed in that Grant Dccdreco~>4"Q~t 1, 1997 8$,ijocument No. 97097846, Ofti~al R~tds of Fresno County, situated in 'the JK#thwest quarter of Section , S, Township 12 , South, ltange 2;J East, MountDiablo ~ and Meridi~, in :thc CountyofFresno, State ofCalifumia, accotdmg to the Official United States Gover.mnentTownship Platthcrco~ described as follows: Commcucing at the southeast comer ofwd nortl1west quarter ofsijd Section 5; thence North 89° 39' ·38'l;West, along tbc ~uthline .Ofsai4nortllwe~ q~, a disbtnce of339.62 feet to the soUtheasteiJybow.diuy of said Parcel 2; thence along,saiq sOtlfA~ybounWu'Y,,~Jollbwing two COUrse$ and 'disQillce8: North S4° 31' 06'' Bast, a distance gf6.9~S4 .f~.to the beginrii.Dgof a ~ent curve concave liorthwestetlyfand having amdius .ofll76.00{c:et; thencenorth*terly, along 1h,~' arc of said tangent curve~ through a centralangle ofOl o SS' 3S",:in<l ~~~u·c dis~ce of40.S7 feet ,to the T!VcPoint of'Beginp,b:lg; thence colitinumg along said, eurve,.~~ f,J9i;lg $aid Bquthwterly boundary f) northeasterly, through a central angle of 01° 56' 43", aJid ,an .'iU'C ~di$tmce of3.9.93 feet; thence leaving said southeasterly boundary 2) North 89° 39' 38" West, non-tan1ent to last ~d CiUYC?.. ~~~lWitA and 90.0of~ north of said ~¥th 14te,of tbc northwest qUarter,_ a disf8nce~~f97~8~ feet to . a paint on the northwesterly boundary of said ·Pircel2, said poillt 'a!B()J,Cijpg~~ begqmmg ,Qf a non-tangtJilt curve cqp,cayc:nq~westqly,-and having a radius ofllf6.0'0'f'cd, wridiai ·to said poinfbears South 35"''32' 20'; East; thence -- 3) Southwes~y, alongis~ nortb.w~lyboUJ:I,~ an~ ~C?;,B;;me,~9f:~ . .Udnon-:W!geut qurve, ~gli a ceni.rat angle of 00°'()3' 26"? anaaaare 'i:lii®i~'oft!~f2"feet; thence 4) South 54 9 31' 06" West, continuing along said nortbwestqlybQundary•;adistance of 41,6() f~; tbence S) South 8.~ 39' 38" East, parallel with ·and 6S~QP fcetnq~t>~)f7;n.l4,!QYthJiric.ofthe northwest quarter, a distance of 101.32 feet to tbcTrue Point of 'Jte8Jnnini; ·, Containing an area o£2;494 square feet, more or less. 2010-087T l5 .. A-8781T WJNO. 535·4 ijND QF DES .CRJPTION I; .. : I '· 'It ! : EXHIBIT ~~-1!:-•1.\., ~A;P'N:,i~~ T.P.O.B. ~ PoiNT OF BEGINNING P.O.C. POINT OF COMMENCENENT O.R.F.C Of'FlCI~L RECORDS FRESNO COUNTY CCUR'i£:1 ,'_ RADIUS :, ··. :;~ _L£NG1HY:c:·,; 1:: JiELTA .. ·.· . ·. · · ,,·~ct .... ' 1l7..tl~® r -~: ....•• ~;$1' r . -1~8~35~ .:. :cz ... tl7.&~.oo . . ... 39~&3' :-·: t"Ss~<t:s~ ,,. ·:::c:s; Ut~_:o.o : .. 1 ;t2r::,···o:o.3'26~ .. PCIR1JON of W. ~mJi1J.l~~ PUR~ES : ... , .. ;so· P;O.C. ~-~-g SEC.·~ Exhibit 4-Ricchiuti TCE 4-A Legai/TCE 580-040-028 4-8 Diagram/TCE 580-040-028 I I I L l I APN: S8<MJ40-02S (Portion) Co.nstruction Easement EXHIBIT"A" Page 1oft All oftbat portion of that parcel described as Parcel4 in Document No. 94197346, Official Records Fresno County, situated in the northwest quarter of Section 7, Township 12 So~ Range 21 ~ Mount Diablo Base and Meridian, situate in the County of Fresno, State of California, according to the Qiliciall:Jnited States Government Township Plat thereof, described &•{follows: The south 10.00 feet of the west 1050.00 feet of the east ·l300.00 feet of said northwest quarter. Containing an area of 10,4 76 square feet, more or less. 2010-079T ; 15 .. A-8780T WJNO.S354 END OF DESCRIPTION I l l EXHIB~IT "B" (PAGE 1 OF 1) EAST UNE OF THE NW 1/4 OF SECnON 7, 12/21 -.........,.oL/.1 APN: 58G-04o-01S DAtt SIGle. IJ.!tjprt N. w. 1/4 SEC. 7, 12/Zf :, . ~OUTH UNE OF' THE NW 1/4 Of SECTION 7, 12/21 ; ~ ' S.JV. 1/4 SE,C. 7, 12/21 ,. = 200' SCALE IN FEET •[ ..... 11111]r H •••••••• IF!~'..,:·,..,.·. ..,._,.,..,.;,j 0 100 200 REF. II: PI.AT NO. 0002 WJ 'SM4 c . 10' WIDE CONSlRUCTION E;ASEME'NT APN: 580-040-07 ., l I· I I· I I 1- ~···· u--·750C=1:i,~'!.l e PROVOST& PRITCHARD '62"551 HJJ ·"2 Aoi~OirW-,.. 286 W. Cr6mNell Ave. Fresno, CA 93711..0162 (559) 449-2700 'l/412011~~~1tnta\UcPTi.,.DatReyllC•20t7\TM5753111m1Del ........ ,.. ... /.JM .. ; ..... ____ ... -··-r·-Legend ; ~ ..... ~ ..... L_Oo-::_ . [] Fresno Co. Parcel • """r""' Aignment :::1 CO\.I'Ay AMI Cros&ing ~··r-·! ·, .... "' ',co"-.~-i·· ·, ~~ " " --. '•. Raw Water Pipeline City of Fresno Easement Locations A1NIIod01·2S-2011 57 Agenda Item DATE: March 8, 2011 TO: Board of Supervisors FROM: Alan Weaver, Director Department of Public Works and Planning SUBJECT: Request by the City of Fresno to Obtain Easements in the County along Aubeny Road and Willow Avenue for Installation of a Raw Water Pipeline RECOMMENDED ACTION: Approve the City of Fresno,s request to acquire variable width easements adjacent to existing road right-of-way in unincorporated areas of the County along both sides of Auberry Road and along the east side of Willow Avenue for Installation of a raw water pipeline. Approval of the recommended action will facilitate the City of Fresno's request to acquire easements in unincorporated areas for installation of public improvements in County areas. The City needs to increase the availability of domestic water to residents by installation of the pipeline from the Friant-Kem Canal to the City's surface water treatment facility located within the City of Fresno. ALTERNATIVE ACTION : There is no immediate alternative that is viable for this action. Denial of this action would result in the delay of easement acquisition for the project or necessitate that the City of Fresno pursue alternative alignments through the City of Clovis or pursue a widespread annexation of the area where improvements are proposed within the County. FISCAL IMPACT: There will be no net County cost for this recommended action. The City of Fresno has paid $288.00 for processing of the request in accordance with the Master Schedule of Fees. The City of Fresno · will acquire easements for construction of these improvements with no fiscal impact to the County. . ~DMINISTRATIVE OFFICE REVIEW .&a.a..ol.. t)J.;fJ(. Page I of_.J' ___ . _ (BOA TION: DATE Ma[Ch 8. 2011 APPROVEOASRECOMMENDEO __ -.:.x.=.-._OTHER ____ _ Board of Supervisors March 8, 2011 Page 2 The City of Fresno has indicated in their request (Exhibit "A") that they will maintain the improvements within these easement areas as required under applicable ordinance and code. IMPACTS ON JOB CREATION: Construction of the proposed raw water pipeline construction project will provide jobs and procurement of construction related materials within the metropolitan Fresno/Clovis area. DISCUSSION: The City of Fresno has requested, per Exhibit "A" attached, to acquire easements within the County. A proposed raw water pipeline project Is to be constructed partially within Auberry Road north of . Copper Avenue and along the east side of Willow Avenue both north and south of.Copper Avenue adjacent to existing road rights-of-way and in areas reserved for future public improvement. The proposed pipeline will provide the community with a more reliable, secure and uninterrupted raw water conveyance system with improved water quality. Section 1240 of the Code of Civil Procedure states that • ... a local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property outside its limits is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers ... • and ".:.except as otherwise expressly pr~vided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain outside · its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the property is to be acquired ... ". · This action will require acquisition of easements within the County's jurisdiction, as indicated on Exhibits "B" & "C" and is consistent with the project improvement plans provided by the City. The City of Fresno will pay all associated costs for the pipeline construction and they will provide the required engineering and construction administration for the project. Acquisition of private property, outside of the future right-of-way, by the City to accommodate other easements where deemed necessary by their consultant are not part of this action. . The alignments of the raw water pipe proposed along Auberry Road and Willow Avenue are designed such that no adverse impacts will result if the County determines a need to widen these roads . Further, the depth of the proposed pipe has been set to be of sufficient depth to avoid · possible conflict with any road related construction or maintenance operations. Attached as Exhibit "D" is a letter from the City indicating their commitment to maintain the pipeline and its appurtenances. Any work needed to facilitate the installation of the pipeline within the County's existing right-of-way will be processed through an encroachment permit. OTHER REVIEWING AGENCIES: This item has been initiated at the written request of the City of Fresno. A copy of this Agenda Item has been provided to the City of Fresno. EXHIBIT "A" C11y ot tqu1 (2[@[2~~0~'~ _,_ ~~ -~-~--~-~--a~-~-~~-§---------------------~!·~~~·[~Qu'~-~·,\ __ _ Department of Public Utilities .... _ _ ~ Water Division 1910 East University Avenue Fresno, California 93703-2927 ~ .p5' 559·621-5300 ~FAX 559-488·1024 'lllflll · www Jresno.gov Provfd/n!J Life's Essenti.ll Servfce1 October 18, 2010 Mr. Dan Gibbs, P.E. Supervising Eng/Asst. Div. Mgr. County of Fresno 2220 Tulare St Fresno, CA 93721 RE: Notification of Acquiring Right of Way for the City of Fresno Raw Water Pipeline Project This letter is to serve as notification of acquiring right of way Within County of Fresno areas on behalf of the City of Fresno for the City's Raw Water Pipeline Project. Enclosed Is a check in the amount of $288.00 for processing this notification. as required by Exhibit B of the Fresno County Master Schedule of Fees, Charges, and Recovered Costs. Section 2205. Miscellaneous Fees. Item I. Right of Way/ Traffic Control Permission Fee. Project Summary The City of Fresno plans to construct a pipeline that will deliver water from the Friant-Kern Canal (FKC) to the City's Surface Water Treatment Facility (SWTF) located in northeast Fresno near the corner of Chestnut and Behymer Avenues. The City completed an alignment alternative analysis and identified the preferred alignment for the project. The project vicinity Is shown in the attached exhibit. · Water is currently conveyed to the SWTF from the Friant Kern Canal via the Ente.,Prise Canal which is operated and maintained by Fresno Irrigation District. The Enterprise Canal route meanders through approximately 26 miles of various agricultural and urban land uses before reaching the SWTF. The proposed pipeline will reduce the travel distance from the Friant Kern Canal to the SWTF to approximately 5 miles. Approximately 1 mile of this pipeline was previously constructed within City limits during construction of the Clovis Unified School District and SCCCD campuses in 2006. The remaining length of pipeline (approx. 4 miles) will be constructed as part of the Raw Water Pipeline project. The pipeline will be 60-inches in diameter. Where the pipeline crosses private property, a permanent pipeline easement width of 65 feet is required. Along with this permanent easement. a temporary construction easement of 35 feet will be necessary. In areas along road rights-of-way, the pipeline will be constructed within the ultimate planned right-of-way. or landscape area. The easement locations, property owners, and other data are delineated in the attached exhibit. Project Background The City of Fresno completed construction of its Surface Water Treatment Facility (SWTF) located In the northeast portion of Fresno in 2004. The SWTF began treating surface water in June 2004 and currently delivers between 15 and 30 percent of the water supply to the City's water distribution system. The City had previously relied solely on groundwater for potable water supply. The SWTF is currently supplied with Kings River and Central Valley Project (CVP) water conveyed by the Fresno Irrigation District's Enterprise Canal. There are capacity limitations and water quality vulnerability concerns along the Enterprise Canal that require significant Improvements for long-term use. The Enterprise Canalis also taken aut of operation for approximately one month each year for maintenance, so the SWTF cannot be operated di,Jring that time. The proposed pipeline will provide the City with a more secure, uninterrupted conveyance system with Improved water quality, and bring supply directly from the FKC to the SWTF. Notification of RIVV AcqU!alllon City of Fresno Raw Water Pipeline Project October 18, 2010 Page2of2 · The pipeline is being constructed to: • Provide a more reliable supply to the City's SWTF, 365-days per year • Provide redundancy of supply, by making the new pipeline the primary supply source and the Enterprise Ca.nal the backup supply source • Provide improved water quality protection, including protection from malicious acts • Reduce treatment chemical costs utilizing improved quality water • Re<fuce power consumption by taking advantage of gravity flow from the FKC to the SWTF, eliminating the use of raw water pumps at the SWTF Project Schedule and Closing In regards to project schedule, the project environmental document (CEOA/NEPA) is well underway and we hope to make it available for public review and comment shortly. The easement exhibits are still In the process of being prepared by our consultant and reviewed by City Staff, therefore, they are not yet ready to be made public. We understand there is a lead time for this type of notification to be processed through the County of Fresno; however, we would appreciate the County's prompt consideration and response to this matter. As you are aware. the County has reviewed the preliminary plans and provided comments. The City's consultants are revising the project plans, and the City of Fresno Is planning to submit fniUal offer letters to landowners to initiate the acquisition process in the next few weeks. If there Is anything further needed to process this request. please contact me at (559) 621-5484. Sincerely, Cesar Romero, PE City of Fresno Department of Public Utilities -Water Division Attachment-Exhibit: Easement Locations CC: Brock Buche, P.E., City of Fresno Water Division Ron Samuelian, P.E., Provost & Pritchard EASTERL Y--t-~orit PLAN UNE R.O.W. EXHIBIT "B". LEGEND J8' s . w. 1/4 SEC. 7 12/21 APN : 580-04-0-07 APN: 580-050-015 AREA TO BE DEEDED FOR UNDERGROUND PIPELINE PURPOSES AREA FOR TEMPORARY CONSTRUCllON PURPOSES 1" = 400' SCALE IN FEET ~~~~ I •%·th .. @l§i 0 200 400 800 --~---- CITY OF FRESNO DEPARTMENT OF PUBLIC WORKS PORllON ALONG WILLOW AVENUE To be Deeded for PIPEUNE PURPOSES PROJ. 10. FUND NO. ORC . NO . OR. BY ~S.O,=--__ o-1 . er ~sr.:.;:R ,.,..,.,,-- oATt 01/25/11 SCAt.£ I" • .00' PROVOST& PRITCHARD ,. 'ii h!Jfld .. -.....o-..~ -cn---.....-...,_ca.l~ ...... ....... ~ ... SlitET NO. _1_ 01' -' -SHEEfS TRIANGULAR SLIVER, TITLE OUESllON 3!)' APN: 580-040-03 EXHIBIT "c" APN: 580-020-20 EASTERLY RIGHT-OF-WAY W. LINE OF N.E. 1/4 OF N.E. 1/4 SEC. 7, 12/21 N.E. 1/4 N.E. 1/4 SEC. 7, 12/21 . LEGEND 1" = 400' SCALE IN FEET ... , 0 200 400 AREA TO BE DEEDED FOR UNDERGROUND PIPELINE PURPOSES AREA FOR TEMPORARY CONSTRUCTION PURPOSES RIGHT Of WAY FOR PUBLIC ROAD DEDICA TEO PER DEED DOCUMENT RECORDED IN BOOK 92, PAGE 43.3, OFFlC!AL RECORDS FRESNO COUNTY CITY OF FRESNO DEPARTI.IENT OF PUBLIC WORKS PROJ. 10. FUND NO. ORG . HO. PORllON ALONG AUBERRY ROAD To be Deeded for PIPEUNE PURPOSES OR . BY --::SJO=--- CH . SY ~SFR~~- DATE 01/2!>/11 SCAlE I" • •co' 800 I @Ot:Q PROVOST& PRITCHARD k' • '""'!!. ., M.....,_DIRMC.....W ............... ,..,..,fiUIIII&fo..,.'"""'· ..,....,..., .. .,...,. --- S!-iEET NO . _1 _ OF -'-SHEETS EXHIBIT "D" Cl!y ol ~~\UJtV/i tOiiJJ [2(@(2~0~\11~ .. ~~ ,--~-.. ~ a-0'"\Jg;;~c~~~ .. ::~· . . \ _De_pa_rt_me_nt_o_f_Pu_bl_lc_U_til_ltl_es __________ t,· (S; .. W~P-.. --~-· ~ Water Division ~ 1 1910 East University Avenue Fresno, CaUfomla 93703-2927 Ill',~., 559-621-5300-FAX 559-488-1024 www.fresno .gov ProVIding Ufe'sEssentla/Servttes January 26, 2011 Mr. Dan Gibbs, P.E. Supervising Eng/Asst. Div. Mgr. County of Fresno, Public Wori<s and Planning Department 2220 Tulare St, Annex B Fresno, CA 93721 SUBJECT: EXHIBIT D ·PIPELINE MAINTENANCE LETIER CITY OF FRESNO RAW WATER PIPELINE PROJECT The City of Fresno Department of Public Utilities-Water Division (City) Pfl'Viously submitted a notification letter to County of Fresno staff (dated October 18, 2010) regarding right of way acquisition within County of Fresno areas on behalf of the City for the Raw Water Pipeline Project {PROJECT). That notification Included exhibits requested by County of Fresno staff as well as payment in the amount of $288.00 for processing the notification. During preparation of the County Board of Supervisors Agenda Item report, County staff requested that the City provide a letter Indicating the City's commitment to maintain the proposed pipeline and its related · · appurtenances. The City agrees that maintenance of the PROJECT improvements can best be performed by one agency, and the City agrees to perform all maintenance for the PROJECT improvements installed along the PROJECT alignment within the PROJECT easements. The City also requests that they be granted sole reviewing and approval authority for improvement projects which occur within the PROJECT easements . The City also .. requests that all street and utility work permits be issued by the City for work to be done Within the area of the PROJECT easements. · It should be noted, the pipeline will be designed, constructed, operated, maintained, and Inspected to meet and/or exceed the current industry standard of practice and appropriate factors of safety will be Incorporated Into the pipeline design to ensure the reliability and service life of the pipeline and its appurtenances. Please contact Brock Buche, P.E., at 559-621-5325 if you need additional information. Sincerely, ~~ Cesar Romero, PE City of Fresno Department of Public Utilities-Water Division '. PROYC?~!. § __ ?,RICHARD ATTN: M~CH~~L ~AYLOR 286 W CROMWELL AVE PROOF OF PUBLICATION ···~· ·-·· ~-~~-·· ·-· --~~ -·--·····---··--"•"'" ·•••o M --·•••• --·-·- 937116162 COUNTY OF FRESNO STATE OF CALIFORNIA EXHIBIT A. FPROOFAD The undersigned states : McClatchy Newspapers in and on all dates herein stated was a corporation, and the owner and publisher of The Fresno Bee. ·· The Fresno Bee is a daily newspaper of general ci rculation now published, and on all-the-dates herein stated was published in the City of Fresno, County of Fresno, and has been adjudged a newspaper of general circulation by the Superior Court of the County of Fresno, State of California, under the date of November 22, 1994, Action No. 520058-9 . The undersigned -is and on alldates herein mentioned was a citizen of the United States, over the age of twenty-one years, and is the principal clerk of the printer and publisher of said newspaper; and that the notice, a copy of which is hereto annexed, marked Exhibit A , hereby made a part hereof, was published in The Fresno Bee in each issue thereof (i n type not smaller than nonpareil), on the following dates . ~uhl:. _LCL: 2DL/ I certify (or declare) under penalty of perjury that the foregoing is true and correct . City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-508 Agenda Date:10/23/2014 Agenda #: CLOSED SESSION ITEM October 23, 2014 SUBJECT A.CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fire Station 18 (5938 N. La Ventana) Negotiating Parties: City Manager Bruce Rudd; Granville Homes City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-498 Agenda Date:10/23/2014 Agenda #: SCHEDULED COMMUNICATION October 23, 2014 TIME 2:55 P.M. SUBJECT Appearance by George Aguilar, Al Makkai and Juan Bejar to discuss the operation and ordinance pertaining to taxi cabs in the City Fresno City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-466 Agenda Date:10/23/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 2014 SUBJECT WORKSHOP relating to the General Plan presented by Fresno Building Healthy Communities RECOMMENDATION City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ October 1,2014 Council President Brondou Fresno City Council 2ó00 Fresno Street Room 2097 Fresno, CA93721 RE: Fresno Building Heolthy communities Generol plon workshop Deor Mr. Brondou, On beholf of Fresno Building Heolthy Communities we respectfully request to be ollocoted time on the october 9,2014 Council Meefing Agendo to conduct o 3O-minute workshop ond shore our work, priorities ond volues os they relote to the 2O3S Generol plon Updote. We collectively represent the Centrol/Southeosf/Southwest Fresno oreos thot exceed 90,OOOin populotion. We ore o colloborotive of over thirty Fresno bosed community orgonizotions working together with residents to moke heolth hoppen in their neighborhoods. We wont ogenerol plon thot invests in existing neighborhoods ond helps creote One Heolthy Fresno. Thismeons heolthy growth, heolthy jobs. heolthy neighborhoods ond heolthy porks ond openspoce. We thonk you for your considerotion. Pleose confoci me directly of (SS9) 392-6012 to confirm our porticipotion during the next City Council meeting. Sondro Celedon-Costro HUB Monoger Fresno Building Heolthy Communities cc Yvonne Spence, City Clerk Councilmember Oliver Boines Councilmember Clint Olivier Councilmember Sol Quinlero Council member Lee Brond Councilmember Poul Coprioglio Councilmember Blong Xiong 4949 E. Kings Ccnyon Rocd lFresno, cl.ggTz?--ggt2l(ss9) 244-s7to lFresnoBHC.ors October 20, 2014 Council President Brandau Fresno City Council 2600 Fresno Street Room 2097 Fresno, CA 93721 RE: Fresno Building Healthy Communities General Plan Workshop On behalf of Fresno Building Healthy Communities (Fresno BHC), I regret that scheduling circumstances force us to cancel the Fresno BHC General Plan Workshop planned for October 22, 2014 during the Fresno City Council meeting. I am sure that you are aware of the difficulties we have faced in scheduling an appropriate time to conduct this workshop. We initially requested time during the August 21, 2014 Fresno City Council meeting, which was erroneously agendized as scheduled communications and inappropriately cut short by Council. We then submitted additional requests after being rescheduled a number of times (first on August 28, 2014 to October 9, 2014) until finally being allotted time on the October 22, 2014 agenda. We have been working to adjust our schedules and be as accommodating as possible with all of the unexpected changes. However, due to our partners’ commitments we regret that we will be unable to conduct the workshop as intended. We apologize for the inconvenience that our canceling the workshop causes. Fresno BHC partners and community residents look forward to working with you on the General Plan and hope that we can engage in more robust discussions in the coming weeks. Sincerely, Sandra Celedon-Castro Fresno BHC Hub Manager 4949 E. Kings Canyon Road | Fresno, CA 93727-3812 | (559) 244-5710 | FresnoBHC.org