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Home My WebLink About2014-10-30 Council Agenda PacketThursday, October 30, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final Regular Session October 30, 2014City Council Meeting Agenda - Final The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final 8:39 A.M. ROLL CALL Invocation by District 4 Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS APPROVE CITY COUNCIL MINUTES Approval of City Council minutes from October 23, 2014ID#14-537 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. RESOLUTION - Authorizing the submittal of a grant application to the San Joaquin Valley Air Pollution Control District and acceptance of Public Benefit Grant funds and execution of necessary program documents ID#14-4101-A Sponsors:Parks, After School and Recreation and Community Services Department ***RESOLUTION - Granting authority to the Public Works Director or designee to sign routine right-of-way agreements where the cost will not exceed $10,000 to acquire property that has been previously approved and funded either through the adopted fiscal budget or by separate prior City Council approval (All Council Districts) ID#14-4641-B Sponsors:Public Works Department Actions pertaining to a water well parcel on Wilson Avenue ID#14-4711-C Page 3 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final south of E. Lansing at the Herndon Canal 1.Adopt finding of no possibility of significant effect pursuant to CEQA Guidelines Section 15061(b) (3) and Categorical Exemption pursuant to CEQA Guidelines Section 15312 for the sale of a small abandoned water well parcel 2.Approve the quitclaim sale of a small abandoned water well parcel on Wilson Avenue south of E. Lansing at the Herndon Canal APN 434-230-01t, to adjacent property owners Wilson Avenue Properties, LLC and Leif Haneborg, Trustee of The Mangen Trust created March 11, 2003 (located in Fresno County) Sponsors:Public Works Department Authorize the Chief of Police to enter into an agreement with Fresno County to reimburse the City of Fresno $176,996 for the cost of one full time Fresno Police Officer assigned to the Fresno County Adult Compliance Team (ACT) ID#14-4831-D Sponsors:Police Department Approval of items related to the renewal of a tourism business improvement district upon verification of a sufficient number of valid petitions collected to support the renewal of the district 1.RESOLUTION - Declaring its intention to renew the Fresno-Clovis Tourism Business Improvement District (FCTBID) and establishing the time and place of a public meeting and a public hearing thereon and giving notice thereof 2.RESOLUTION - Requesting consent of the City of Clovis to renew the FCTBID ID#14-4931-E Sponsors:Office of Mayor & City Manager Actions pertaining to the traffic signal installation at the intersection of Shields and Sunnyside Avenues - Project Bid File No. 3346 (Council District 4) 1.Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(c) (existing facilities) of the California Environmental Quality Act Guidelines for the traffic signal installation at the intersection of Shields and Sunnyside Avenues ID#14-4951-F Page 4 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final 2.Award a construction contract to Kertel Communications, Inc. dba Sebastian of Fresno, California in the amount of $310,470 for the traffic signal installation at the intersection of Shields and Sunnyside Avenues Sponsors:Public Works Department Award a service contract in the amount of $77,546.90 to Shier Aviation Corporation DBA Corporate Helicopters, of San Diego, CA, for the mandated 12 year inspection of a Fresno Police Department EC-120B Airbus Helicopter ID#14-5071-G Sponsors:Police Department Authorize the City Manager to enter into an Agreement with the County of Fresno for landfill disposal services at Fresno County’s American Avenue Landfill ID#14-5321-H Sponsors:Department of Public Utilities CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION RESOLUTION - For the Substantial Amendment No. 2012-002, No. 2013-001, and No. 2014-002 to the Fiscal Years 2012, 2013, and 2014 Annual Action Plans to incorporate the planned use of the Emergency Solutions Grant funds ID#14-3812A Sponsors:Planning and Development Department Approve the selection of, and award a contract to, SP Plus Corporation to provide Parking Facilities Management Services in Fresno ID#14-5182B Sponsors:Planning and Development Department 3. CITY COUNCIL 4. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) ID#14-535 Page 5 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final Case Name: City of El Centro, et al. v. David Lanier, in his official capacity as the Secretary of the State of California Labor & Workforce Development Agency, et al. San Diego County Superior Court Case No. 37-2014-00003824- CU-WM-CTL Court of Appeal 4th District (Division 1) Case No. D066755 Sponsors:City Attorney's Office 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. #1 Hold a public hearing and approve items related to the granting of a Non-Exclusive Franchise for Roll-Off Collection Services 1.HEARING in accordance with Fresno City Charter Section 1301 related to ordinance and adoption of ordinance 2.***BILL NO. B-45 (Intro. 10/23/2014) (For adoption) of the City of Fresno, which grants to Katch Environmental Inc., and Mini dumpsters of Fresno a non-exclusive franchise for roll-off collection services within the City of Fresno 3.Authorize the Director of Public Utilities or his designee, to execute an agreement of non-exclusive franchise for roll-off collection services with the City of Fresno ID#14-457 Sponsors:Department of Public Utilities 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) (Continued from October 9, 2014 Council meeting) 1.Consider the Finding of Conformity for Environmental Assessment No. R-13- 014/TPM 2013-03 ID#14-491 Page 6 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final 2. BILL- (For introduction and adoption) - Amending the Official Zone Map to reclassify the subject property from the R-A (Single Family Residential Agricultural) zone district to the R-1 (Single Family Residential) zone district Sponsors:Planning and Development Department 10:15 A.M. HEARING to consider Street Name Change No. SNC-14-001 and related Environmental Assessment No. SNC-14-001, requested to rename the portion of E. Home Avenue between N. Maple Avenue and N. Backer Avenue; the portion of E. Pine Avenue between N. Maple Avenue and N. Backer Avenue; the portion of N.Backer Avenue between E.Home Avenue and E. Pine Avenue, to N. Irritec Way (Council District 7) 1. ADOPT the environmental finding of No Possibility of Significant Adverse Effect through Environmental Assessment No. SNC-14-001 dated July 24, 2014 2. RESOLUTION - Street Name Change Application No. SNC-14-001 to rename the portion of E. Home Avenue between N. Maple Avenue and N. Backer Avenue; the portion of E. Pine Avenue between N. Maple Avenue and N. Backer Avenue; the portion of N. Backer Avenue between E. Home Avenue and E. Pine Avenue, to N.Irritec Way ID#14-497 Sponsors:Planning and Development Department 10:30 A.M. JOINT MEETING OF THE CITY OF FRESNO, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION Approve Selection for the South Stadium RFQ/PID#14-524 BILL - (For Introduction) - Amending Section 4-605 of the Fresno Municipal Code Relating to Regulation of Communications During Competitive Procurement Process ID#14-533 Page 7 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final Sponsors:Baines III 1:30 P.M. WORKSHOP relating to Clovis Unified School District - presented by Superintendent Janet Young ID#14-432 Sponsors:Council President Brandau 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 NOVEMBER 6 10:00 A.M. WORKSHOP re: Public Art NOVEMBER 6 10:30 A.M. Recycling Policy Consideration NOVEMBER 6 10:45 A.M. To consider an appeal filed by Councilmember Caprioglio appealing the Planning Commission's action to approve CUP No. 13-092 filed by Jeffrey T. Roberts of Granville, Inc. NOVEMBER 20 10:00 A.M. Joint Powers Financing Authority Meeting DECEMBER 4 10:00 A.M. HEARING to consider a Resolution of Public Use and Necessity requiring acquisition of permanent street easements and rights-of-way for public street purposes over, under, through and across real property owned by Forest Sunrise, LLC, (APN 496-192-10s) for intersection improvements at Shields Avenue and Fowler Avenue in the City of Fresno DECEMBER 18 2:00 P.M. HEARING re:Final Tract Map No. 6051 annexed to CFD No. 11 Page 8 City of Fresno ***Subject to Mayoral Veto October 30, 2014City Council Meeting Agenda - Final (southeast corner of N. Garfield and W. Barstow Avenues) (Council District 2) 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) 2014 CITY COUNCIL MEETING SCHEDULE 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 9 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#14-410 Agenda Date:10/30/2014 Agenda #:1-A REPORT TO THE CITY COUNCIL October 30, 2014 FROM:MANUEL A. MOLLINEDO, Director Parks, After School, Recreation and Community Services Department BY:IRMA YEPEZ-PEREZ, Grant Writer KAREN NORRIS, Administrative Manager Parks, After School, Recreation and Community Services Department SUBJECT RESOLUTION - Authorizing the submittal of a grant application to the San Joaquin Valley Air Pollution Control District and acceptance of Public Benefit Grant funds and execution of necessary program documents RECOMMENDATION Staff recommends that the City Council: 1)Adopt a resolution to submit a grant application of up to $100,000 to the San Joaquin Valley Air Pollution Control District (SJVAPCD)Public Benefit Grant program for the purchase of new alternative fuel vehicles; 2)Authorize the Director of Parks,After School,Recreation and Community Services (PARCS) Department,or designated representative,as agent of the City of Fresno to execute and submit all necessary documents to implement the grant,subject to prior approval as to form by the City Attorney’s Office. EXECUTIVE SUMMARY The Parks,After School,Recreation and Community Services (PARCS)Department proposes to submit an application to the SJVAPCD requesting up to $100,000 in Public Benefit Grant program funds for the purchase of four (4)new electric vehicles,and two (2)Compressed Natural Gas (CNG) alternative fueled vehicles. BACKGROUND The SJVAPCD is comprised of eight counties:San Joaquin,Stanislaus,Merced,Madera,Fresno, City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-410 Agenda Date:10/30/2014 Agenda #:1-A The SJVAPCD is comprised of eight counties:San Joaquin,Stanislaus,Merced,Madera,Fresno, Kings,Tulare,and Kern.The SJVAPCD is required by the U.S.Environmental Protection Agency (EPA)to implement strategies that will result in emission reductions.SJVAPCD is committed to improving the health and quality of life for all Valley residents through effective and cooperative air quality programs including the Public Benefits Grant to assist with the purchase of alternative fuel vehicles, infrastructure, and the development of advance transit and transportation systems. PARCS proposes to submit a Public Benefit Grant application to purchase new alternative fueled vehicles;four (4)electric utility vehicles,and two (2)CNG trucks.The Public Benefit Grant will allow the City to purchase the alternative fuel vehicles with a grant of up to $20,000 per vehicle. The four (4)electric vehicles (John Deer Gators and GEM/Polaris)will expand the park maintenance fleet and will cost less than $20,000 each,thus there is no cost to the City.The two (2)CNG vehicles will replace two gasoline powered vehicles (1999 Chevrolet crew cab and a 2003 Ford crew cab)that are over 15 years old and are on the list to be replaced due to mechanical problems.The purchase price for the CNG vehicles is between $30,000 to $55,000 each depending on the options for cab chassis and body.The grant will only cover up to $20,000 per vehicle,thus the balance will need be paid with City funds.The purchase of the alternative fueled vehicles will help to improve air quality,which is consistent with PARCS mission of providing a healthier environment for Fresno residents. ENVIRONMENTAL FINDINGS By the definition in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the applying for grant funds does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT Any award to the City for this project will reduce or eliminate impact to the General Fund because the vehicles were already targeted for replacement.There is no match requirement to qualify for the grant,however only up to $20,000 per vehicle are allowed.The purchase price for the two (2)CNG vehicles is more than $20,000 per vehicle thus General Funds will be used to pay the difference. Attachment: Resolution 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#14-464 Agenda Date:10/30/2014 Agenda #:1-B REPORT TO THE CITY COUNCIL October 30, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section BY:PETE CALDWELL, Senior Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT ***RESOLUTION - Granting authority to the Public Works Director or designee to sign routine right- of-way agreements where the cost will not exceed $10,000 to acquire property that has been previously approved and funded either through the adopted fiscal budget or by separate prior City Council approval (All Council Districts) RECOMMENDATION Staff recommends the Council adopt the attached resolution granting authority to the Public Works Director or designee to sign routine right-of-way agreements with property owners where the costs will not exceed $10,000. EXECUTIVE SUMMARY From time to time in the course of City’s business,the Public Works Department has found it necessary to enter into routine right-of-way agreements with property owners.The routine right-of- way agreements are always associated with a project that has been previously approved and funded either through the adopted fiscal budget or by some prior City Council action.The cost of City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-464 Agenda Date:10/30/2014 Agenda #:1-B these routine agreements will not exceed $10,000. Authorizing the Public Works Director to enter into these types of agreements will expedite the projects and improve overall staff efficiency. BACKGROUND Whenever the City has a budgeted project that includes the acquisition of land,a right-of-way agreement is required.This required step will sometimes result in the need for a routine right-of-way acquisition agreement with one or more property owners.A routine right-of-way acquisition is one that does not exceed $10,000.Staff currently brings all acquisitions to Council for review, consideration and approval.Acquisitions from less than $100 to in excess of $1,000,000 are either put on the City Council agenda as a consent calendar item or general administration depending on the value of the acquisition. As stated above,the agreements are routine and will be more efficiently processed if authority is given to the Public Works Director.This will save time and eliminate the need of having to bring each and every agreement to the Council for consideration and approval. The routine acquisition agreements that would fall under this resolution are (1)partial acquisition by easement deed (2)fee simple full acquisitions by grant deed,and (3)compensation to the property owner will not exceed $10,000. All agreements shall be reviewed and approved as to form by the City Attorney’s Office prior to being presented to the Public Works Director for signature. ENVIRONMENTAL FINDINGS This legislative action is not subject to CEQA.Individual acquisitions entered pursuant to this Resolution may be subject to CEQA and/or assessed as part of a larger project. LOCAL PREFERENCE N/A FISCAL IMPACT Granting authority to the Public Works Director to enter into and sign routine right-of-way agreements with property owners will not impact the General Fund.All projects requiring these types of agreements will have to either have been funded through the Capital Improvement Budget or funded by a prior City Council Action. Attachment: Resolution City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, GRANTING AUTHORITY TO THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO SIGN BUDGETED ROUTINE RIGHT-OF-WAY ACQUISTION AGREEMENTS UNDER $1 O,OOO WHEREAS, in the course of City's busíness, the Public Works Department finds it necessary to enter into budgeted routine right-of-way agreements with property owners to acquire portions or all of their property; and WHEREAS, the purpose of this resolution is to obtain City Council approval to delegate to the Public Works Director or his designee the authority to enter into budgeted right-of-way agreements of a routine nature where the cost will not exceed $10,000 to acquire the portion or all property that has been previously approved and funded either through the adopted fiscal budget or by separate prior City Council approval; and WHEREAS, the acquisition agreements that would fall under this resolution are partial acquisitions by easement deed or fee simple partial or full acquisitions by grant deed, and compensation to the property owner will not exceed $10,000. NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO AS FOLLOWS: 1. The Council of the City of Fresno authorizes the Public Works Director or his designee to enter into budgeted right-of-way agreements of a routine nature where the cost will not exceed $10,000 that have been previously approved and funded either through the adopted fiscal budget or by separate prior City Council approval. Date Adopted: Date Approved: Effective Date: City Attorney Approval: I of2 Resolution No. 2. All agreements shall be reviewed and approved by the City Attorney's Office prior to execution by the Public Works Director or his designee. ************ CLERK'S CERTIFICATION STATE OF CALTFORNTA ) couNTY oF FRESNO )SS. crTY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of AYES: NOES: ABSENT: ABSTAIN: ,2014. Mayor Approval:,2014 Mayor Approval/ No Return Mayor Veto: Council Override Veto:,2014 WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM CITY ATTORNEY'S OFFICE BY: Katherine B. Doerr [Date] Supervising City Attorney KBD:elb [65826e1b/kbd] Reso 2014 2014 2 of2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-471 Agenda Date:10/30/2014 Agenda #:1-C REPORT TO THE CITY COUNCIL October 30, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section BY:PETE CALDWELL, Senior Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT Actions pertaining to a water well parcel on Wilson Avenue south of E. Lansing at the Herndon Canal 1.Adopt finding of no possibility of significant effect pursuant to CEQA Guidelines Section 15061(b) (3) and Categorical Exemption pursuant to CEQA Guidelines Section 15312 for the sale of a small abandoned water well parcel 2.Approve the quitclaim sale of a small abandoned water well parcel on Wilson Avenue south of E. Lansing at the Herndon Canal APN 434-230-01t, to adjacent property owners Wilson Avenue Properties, LLC and Leif Haneborg, Trustee of The Mangen Trust created March 11, 2003 (located in Fresno County) RECOMMENDATION 1.Adopt finding of no possibility of significant effect pursuant to CEQA Guidelines Section 15061(b)(3)and Categorical Exemption pursuant to CEQA Guidelines Section 15312 for the quitclaim sale of a small abandoned water well parcel on Wilson Avenue south of East Lansing Avenue at the Herndon Canal to adjacent property owners Wilson Avenue Properties,LLC and Leif Haneborg, Trustee of The Mangen Trust created March 11, 2003. 2.Authorize the City Manager or his designee to execute the Agreement for Purchase and Sale of Real Property and complete the sale of excess land to adjacent property owners Wilson Avenue Properties, LLC and Leif Haneborg, Trustee of The Mangen Trust created March 11, 2003. EXECUTIVE SUMMARY City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-471 Agenda Date:10/30/2014 Agenda #:1-C In order to eliminate maintenance costs and return land to the tax roll,it is proposed the City sell a small abandoned well parcel to the adjacent property owners.The site contains approximately 1,500 square feet and is located on Wilson Avenue south of East Lansing Avenue near the Herndon Canal.The parcel is too small for independent development and can only be utilized by the adjacent property owners.Staff estimates the sale price at $100 which will be divided in half for a price of $50 for the land to each of the adjacent property owners.The parcel will be sold “as is”to adjacent owners Wilson Avenue Properties,LLC and Leif Haneborg,Trustee of The Mangen Trust created March 11, 2003. BACKGROUND The City owns a number of abandoned water well parcels which are no longer in use or needed by the City.This site was quitclaimed from County of Fresno Water Works Department to the City of Fresno in the 1990’s.The City Water Division plans to dispose of these parcels,which are either too small,irregularly shaped,or lack adequate access to be developed independently.Because of these characteristics,the sites can only be utilized by adjacent property owners.The sales price of the sites is established by analysis of the size,shape,location,frontage,access,use potential,potential benefit added to the adjacent parcel,and subsequent negotiations with the prospective buyers.The sale price for this site is in the range of prices the City has received for similar surplus well sites. Wilson Avenue Properties,LLC and Leif Haneborg,Trustee of the Mangen Trust created March 11, 2003,the adjacent property owners,were contacted by the Real Estate Section of Public Works Department to determine if they were interested in purchasing the parcel from the City of Fresno and agreed to purchase their half of the well site.The documents signed by the property owner have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this action and,pursuant to California Environmental Quality Act (CEQA)Guidelines,section 15061(b)(3),has determined with certainty that there is no possibility that this action may have a significant effect on the environment, because it is merely a change of ownership.Therefore,this action does not constitute a project for CEQA purposes.Furthermore,this is exempt pursuant to CEQA Guidelines Section 15312 (Class 12 Categorical Exemption),regarding the sale of surplus government property,and none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 are applicable. LOCAL PREFERENCE Local preference was not considered because the City’s sale of property does not include a bid or award of a construction or services contract. FISCAL IMPACT There will be no General Fund dollars required to sell this parcel.Each of the adjacent property owners has deposited $50 with the City of Fresno to cover the recording fees to purchase the parcel. Attachment: APN Vicinity Map City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-471 Agenda Date:10/30/2014 Agenda #:1-C City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Vicinity Map APN 434-230-01T PS 207 WILSON AVENUE S/O LANSING AVENUE Lansing AvenueLansing AvenueLansing AvenueLansing AvenueLansing Avenue Wilson AvenueWilson AvenueWilson AvenueWilson AvenueWilson AvenueAPN 434-230-01TAPN 434-230-01TAPN 434-230-01TAPN 434-230-01TAPN 434-230-01TWILSON AVELANSING WAY City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-483 Agenda Date:10/30/2014 Agenda #:1-D REPORT TO THE CITY COUNCIL October 30, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:SHARON SHAFFER, Deputy Chief Police Department - Support & Special Services Division SUBJECT Authorize the Chief of Police to enter into an agreement with Fresno County to reimburse the City of Fresno $176,996 for the cost of one full time Fresno Police Officer assigned to the Fresno County Adult Compliance Team (ACT) RECOMMENDATION It is recommended that the City Council authorize the Chief of Police to enter into an agreement with Fresno County to reimburse the City of Fresno $176,996 for the cost of one full time Fresno Police Officer assigned to the ACT. EXECUTIVE SUMMARY One of the consequences of Assembly Bill 109,the Public Safety Realignment Act of 2011 (AB 109), was the shifting of responsibility for supervising convicted criminals released from state prison facilities to county probation departments.To accomplish this,funding was allocated from the State of California to the 58 counties through the Community Corrections Partnership (CCP)Boards established in each county.These Boards set policy and allocate funding for treatment and supervision programs in each County relative to AB 109. The Fresno County CCP established an ACT to ensure that convicted criminals released to county supervision are closely supervised while out of custody.The City of Fresno has dedicated one full time officer to the ACT Team.The CCP has agreed to reimburse the City of Fresno an amount not to exceed $176,996 for FY 2014-2015.The contract,once approved by the City Council,would allow the City of Fresno to receive reimbursement for the ACT Officer through Fresno County who administers Fresno County CCP funding. BACKGROUND City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-483 Agenda Date:10/30/2014 Agenda #:1-D In 2011,the State of California passed AB 109.AB 109 effectively realigned responsibilities for probation,Post Release Community Supervision (PRCS)and mandatory supervised release of specifically identified convicted criminals from the State of California Department of Corrections and Rehabilitation (CDCR)to county jurisdictions within the state.To implement the legislative requirements set forth in AB 109,the Fresno County CCP was established and an AB 109 Implementation Plan was developed by the CCP and approved by the Fresno County Board of Supervisors. The AB 109 Plan included formation of the ACT to create a cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in Fresno County as a result of persons released from CDCR institutions that require supervision under the provisions of AB 109 by the County.The ACT Team operates under the supervision of the Fresno County Sheriff’s Department and includes members from the Fresno County District Attorney’s Office,the Fresno County Probation Department,and officers from the Fresno and Clovis Police Departments.A Fresno Police officer has been part of the ACT Team since its inception in October 2011. The State of California provides funding to Fresno County CCP for the purpose of implementing AB 109,mandates including the establishment of the ACT Team.Fresno County provides administrative support to the CCP including administration of budgets,funding allocations and contracts established through the policy decisions of the Fresno County CCP Board. In FY 2012,the reimbursement for the Fresno Police Officer assigned to the ACT Team was paid through an invoice process.For FY 2014-15 however,Fresno County required each participating agency to enter into a contract to obtain reimbursement.The contract,once approved by the City Council,would allow the City of Fresno to receive reimbursement for the ACT Officer through Fresno County in an amount not to exceed $176,996. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA pursuant to the CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference was not considered because the Agreement does not include a bid or award of a construction or services contract. FISCAL IMPACT Funding provided through the CCP from State allocation. The $176,996 pays for 100% of a Police Officer assigned to the ACT Team, the annual cost of a police vehicle, all training and OT expenses. As such, there is no General Fund impact. Attachment:Contract City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT is made and entered into this day of , 2014, by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CITY OF FRESNO, a Municipal Corporation, hereinafter referred to as "CONTRACTOR." W I T N E S S E T H: WHEREAS, the State of California, under Assembly Bill 109, the Public Safety Realignment Act (AB 109), has realigned responsibilities for probation, post release community supervision (PRCS) and mandatory supervised release of offenders; and WHEREAS, the Public Safety Realignment Act AB 109 Implementation Plan of 2011, hereinafter referred to as “AB 109 PLAN,” was developed by the Fresno County Community Corrections Partnership (CCP) and approved by the Fresno County Board of Supervisors; and WHEREAS, the AB 109 PLAN included formation of the Adult Compliance Team (ACT) to create a cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in Fresno County; and WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriff’s Department, the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the Fresno and Clovis Police Departments; and WHEREAS, the State of California has provided funding to COUNTY for the purpose of implementing AB 109 services. NOW, THEREFORE, in respect of the mutual promises contained herein, the Parties hereto agree as follows: 1. OBLIGATIONS OF THE COUNTY COUNTY shall compensate and remit to CONTRACTOR, as provided herein an amount equal to the cost of one (1) City of Fresno Police Officer (“Police Officer”) for assignment to the ACT, not to exceed, in aggregate, the maximum amount payable under this Agreement of One Hundred Seventy-Six Thousand Nine Hundred Ninety-Six dollars ($176,996).) - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. OBLIGATIONS OF THE CONTRACTOR CONTRACTOR shall assign one (1) Police Officer to be responsible for fulfilling the responsibilities of an ACT member, as set forth in pages 15 and 16 of the AB 109 PLAN and in accordance with the ACT Operating Agreement, both attached hereto as Exhibits “A” and “B”, respectively, and incorporated herein by reference. In the event that the AB 109 PLAN is revised by the CCP, and approved by the Fresno County Board of Supervisors, the responsibilities of the Police Officer under this Agreement may be modified. Should such modification result in additional costs to CONTRACTOR, the maximum reimbursement for services rendered under this Agreement by CONTRACTOR shall be increased in accordance with Section 7 of this Agreement. 3. TERM This Agreement shall become effective July 1, 2014 and shall terminate on June 30, 2015. 4. TERMINATION A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated by COUNTY, at any time, by giving the CONTRACTOR not less than thirty (30) days advance written notice. B. With or Without Cause – COUNTY or CONTRACTOR may immediately terminate this Agreement by delivering 60 days advance written notice to the other party. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon demand. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. COMPENSATION/INVOICING COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation as follows: CONTRACTOR shall submit quarterly invoices for actual expenditures to the County of Fresno Probation Department at: ProbationInvoices@co.fresno.ca.us. Invoices must be submitted on or after the dates of October 1, 2014 and January 1, April 1, and July 1, 2015, respectively, and include a breakdown of expenses identified in the final approved budget of the CCP in the County of Fresno for use in executing the mission of ACT. COUNTY shall make payment within 45 days of receipt of invoice. Upon any termination of this Agreement, CONTRACTOR shall be compensated for costs incurred under this Agreement, up to and including the date of termination. The terms of this Section 5 shall survive the expiration or earlier termination of this Agreement. In no event shall services performed under this Agreement be in excess of One Hundred Seventy-Six Thousand Nine Hundred Ninety-Six dollars ($176,996). 6. INDEPENDENT CONTRACTOR The parties are acting in an independent capacity with respect to the performance of their respective obligations under this Agreement. Each of the parties agrees that it, including any and all of its officers, agents, and/or employees, shall have absolutely no right to employment rights and benefits available to the other party’s employees. Each party shall be solely liable and responsible for providing to, or on behalf of, its own officers, agents, and/or employees all legally and contractually required employee benefits. In addition, each party shall be solely responsible and save the other party harmless from all matters relating to payment of each party’s employees, including, but not limited to, compliance with applicable social security withholding and all other regulations governing such matters. Further and without limitation, each party to this Agreement will be responsible for its own actions in performance of their respective obligations under this Agreement. CONTRACTOR and COUNTY shall comply with all applicable provisions of - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. 7. MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. 8. NON-ASSIGNMENT Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 9. HOLD HARMLESS CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses, including attorney’s fees and costs, occurring, resulting, or arising from the negligent or wrongful performance by CONTRACTOR, or its officers, agents, or employees of obligations agreed to be performed under this Agreement. COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S request, defend the CONTRACTOR, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses, including attorney’s fees and costs, occurring, resulting, or arising from the negligent or wrongful performance by COUNTY, or its officers, agents, or employees of obligations agreed to be performed under this Agreement. 10. INSURANCE It is understood and agreed that, without limiting the right of either party to obtain indemnification from the other party or any third parties, CONTRACTOR and COUNTY shall maintain insurance policies or self-insurance programs to fund their respective liabilities. Evidence of Insurance, e.g., Certificates of Insurance or other similar documentation, shall not be required of either party under this Agreement. 11. AUDITS AND INSPECTIONS The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 12. NOTICES The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Rick Chavez, Chief Probation Officer 3333 E. American Avenue, Suite B Fresno, CA 93725 CITY OF FRESNO Jerry Dyer, Chief of Police 2323 Mariposa Mall Fresno, CA 93721 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal services, when deposited in the United States Mail, postage prepaid, addressed to such party. 13. GOVERNING LAW The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. 14. 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. 15. SEVERABILITY In the event any provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement will nevertheless continue in force and effect without being impaired or invalidated - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in any way. 16. 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 waiver of a party’s breach of any provision of this Agreement shall be effective unless the waiver is in writing and signed by the party against whom the waiver is sought to be enforced. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 17. INTERPRETATION The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 18. NO THIRD PARTY BENEFICIARIES Nothing set forth in this Agreement shall create any legal rights in any person not a party to this Agreement. 19. EXHIBITS Each exhibit and attachment referenced in this Agreement is, by reference, incorporated into and made a part of this Agreement. 20. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. // // // - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement between the City of Fresno and the County of Fresno to participate on the Public Safety Realignment Act (AB109) Adult Compliance Team 2014-2015 REVIEWED & RECOMMENDED FOR APPROVAL: John Navarrette, County Administrative Officer _________________________________________ Rick Chavez, Chief Probation Officer APPROVED AS TO LEGAL FORM Daniel Cederborg, County Counsel Deputy APPROVED AS TO ACCOUNTING FORM Vicki Crow, CPA Auditor-Controller, Tax Collector FOR ACCOUNTING USE ONLY: FUND: 0001 ORG: 34309999 SUBCLASS: 10000 ACCOUNT: 7295 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-493 Agenda Date:10/30/2014 Agenda #:1-E REPORT TO THE CITY COUNCIL October 30, 2014 FROM:BRUCE RUDD, City Manager BY:WILMA QUAN-SCHECTER, Deputy City Manager SUBJECT Approval of items related to the renewal of a tourism business improvement district upon verification of a sufficient number of valid petitions collected to support the renewal of the district 1.RESOLUTION -Declaring its intention to renew the Fresno-Clovis Tourism Business Improvement District (FCTBID)and establishing the time and place of a public meeting and a public hearing thereon and giving notice thereof 2.RESOLUTION - Requesting consent of the City of Clovis to renew the FCTBID RECOMMENDATION Staff recommends that the City Council approve both Resolutions to initiate the process for renewing the Fresno-Clovis Tourism Business Improvement District (FCTBID). EXECUTIVE SUMMARY The FCTBID was formed in 2010 for a five-year term ending on December 31,2015.As the FCTBID reaches the end of its initial term,businesses have expressed a desire to renew it.The FCTBID will continue to provide a steady funding source to the Fresno-Clovis Convention and Visitor’s Bureau (FCCVB)through an assessment levied on hoteliers within the District.The Property and Business Improvement District Law of 1994,which authorizes this kind of entity,requires that one municipal entity act as the lead agency through which the FCTBID is formed and assessments are collected. The FCCVB will serve as the FCTBID’s Owner’s Association.The Owner’s Association is charged with managing funds and implementing programs in accordance with the Management District Plan, and must provide annual reports to the City Council. BACKGROUND The renewed FCTBID will include all lodging businesses,existing and in the future,available for public occupancy located within the boundaries of the cities of Fresno and Clovis.The FCTBID is City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-493 Agenda Date:10/30/2014 Agenda #:1-E public occupancy located within the boundaries of the cities of Fresno and Clovis.The FCTBID is designed to provide specific benefits directly to payors through a sales and marketing program that will promote assessed businesses as tourist,meeting and event destinations.The goal of the sales and marketing program will be to increase overnight visitation and room night sales in cities of Fresno and Clovis. The funding for a TBID comes from an assessment levied upon hoteliers within the District’s boundaries.This is separate and distinct from the Transient Occupancy Tax (TOT)that hoteliers are required to submit.Initial estimates are that the TBID will collect approximately $1,400,000 per year in the first five (5)of its ten (10)year operation.The anticipated budget for the last five (5)years of its ten (10)year operation will be approximately $2,000,000 per year in assessments annually from both the Fresno and Clovis businesses within the FCTBID.The City of Fresno will be reimbursed up to 1% of the collected assessment for administrative costs associated with the collection and record- keeping related to the assessment.In addition to receiving reimbursement for expenses,the City of Fresno will have a seat on the FCTBID Board, as will the City of Clovis. The FCTBID can only be renewed by a governing municipal agency.The law requires that businesses owners who would pay more than 50%of the assessment sign petitions indicating their desire to renew the FCTBID.Upon receipt of sufficient petitions,if the City Council chooses to proceed,it is must pass a Resolution of Intent to Form the District and to set a date for both a public meeting and a public hearing.There will be a public meeting to allow public testimony regarding renewal of the TBID,which the Resolution of Intention will set for November 20,2014.Written protests can be submitted up until the time set for the public hearing,which the Resolution of Intention will set for December 18,2014.At the public hearing,Council may adopt a resolution renewing the TBID,so long as the City has not received written protests from business owners who will pay more than 50%of the assessment.The action requested of City Council on October 30th is simply to provide notice that it is the intent of the City to renew the TBID and to set the meeting date and the hearing date for the vote.The Council’s approval of the Resolutions on October 30th does not formally establish, or bind the Council to establish, the District. The law requires that the City of Clovis also approve the renewal of the District within their city limits because this District encompasses the City of Clovis as well as Fresno.The Fresno City Council is being asked to approve a Resolution requesting the City of Clovis to renew the formation of the District within their city limits.If the FCTBID is successfully established,assessments levied in the City of Clovis on hoteliers in Clovis will be collected by the City of Clovis and forwarded to the City of Fresno for transmittal to the FCTBID. ENVIRONMENTAL FINDINGS This is not a project for CEQA purposes. LOCAL PREFERENCE This action is not subject to local preference. FISCAL IMPACT There is no fiscal impact to the City.All necessary actions to post the public hearing notices and mail ballots to affected parties will be paid by the CVB.If the FCTBID is renewed,the City will be responsible for collecting the assessment from hoteliers and will pass the funds through to theCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-493 Agenda Date:10/30/2014 Agenda #:1-E responsible for collecting the assessment from hoteliers and will pass the funds through to the FCTBID.The City will be reimbursed for administrative costs of collecting the assessment and transmitting it to the FCTBID. Attachments: Resolution Declaring Intent to Establish the FCTBID Resolution Requesting Consent from the City of Clovis to Establish the FCTBID Notice of Public Meeting and Public Hearing FCTBID Management District Plan City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Fresno/Clovis Tourism Business Improvement District Management District Plan 2016-2025 Formed pursuant to the Property and Business Improvement District Act of 1994 (Streets and Highways Code §36600 et seq) CONTENTS I. OVERVIEW ........................................................................................................................................... 2 II. IMPETUS ................................................................................................................................................ 3 III. BACKGROUND ................................................................................................................................... 4 IV. BOUNDARY .......................................................................................................................................... 5 V. BUDGET AND SERVICES ................................................................................................................ 6 A. Annual Service Plan ............................................................................................................ 6 B. Determination of Specific Benefit ...................................................................................... 8 C. Assessment .......................................................................................................................... 9 D. Penalties and Interest .......................................................................................................... 9 E. Time and Manner for Collecting Assessments ................................................................... 9 VI. GOVERNANCE .................................................................................................................................. 11 A. Owners’ Association ......................................................................................................... 11 B. Brown Act and California Public Records Act Compliance ............................................ 11 C. Annual Report ................................................................................................................... 11 APPENDIX 1 – LAW ....................................................................................................................................... 12 APPENDIX 2 – ASSESSED BUSINESSES ................................................................................................ 23 Prepared by Civitas (800)999-7781 www.civitasadvisors.com Management District Plan 2 October 1, 2014 I. OVERVIEW The Fresno/Clovis Tourism Business Improvement District (FCTBID) was formed in 2010 for a five-year term ending on December 31, 2015. As the FCTBID reaches the end of its initial term, businesses have expressed a desire to renew it. Location: The renewed FCTBID includes all lodging businesses located within the boundaries of the cities of Fresno and Clovis. Services: The FCTBID is designed to provide specific benefits directly to payors by increasing room night sales. Destination marketing and sales promotions will increase overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing room night sales. Budget: The total FCTBID annual budget for the first five (5) years of its ten (10) year operation is anticipated to be approximately $1,400,000 per year. The anticipated annual budget for the last five (5) years of its ten (10) year operation will be approximately $2,000,000 per year. This budget is expected to fluctuate as room sales and the assessment rate do, as detailed in Section VI. Cost: The annual assessment rate is one and one-half percent (1.5%) of gross short-term (stays less than 31 days) room rental revenue, for years one through five of the ten year term. In years six through ten, the annual assessment rate is two percent (2%) of gross short-term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, nor on stays by railroad crews, airline crews, or tax exempt government employees on government business as described in detail in section V. The City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the FCTBID. The City shall take all reasonable efforts to collect the assessments from each lodging business. Duration: The proposed FCTBID will have a ten (10) year life, beginning January 1, 2016 through December 31, 2025, which term is the proposed time for implementation and completion of this Management District Plan. Once per year beginning on the anniversary of district renewal there is a 30-day period in which owners paying more than fifty percent (50%) of the assessment may protest and initiate a City Council hearing on district termination. Management: The Fresno/Clovis Convention and Visitor’s Bureau (FCCVB) will serve as the FCTBID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council. Management District Plan 3 October 1, 2014 II. IMPETUS There are several reasons why now is the right time to renew a TBID in Fresno/Clovis; the most compelling reasons are as follows: 1. The Need to Increase Occupancy The renewal of the FCTBID is a proactive effort to provide supplemental funding beyond that provided by the cities. The funding will ensure that adequate financing exists for the investment required to increase occupancy in the lodging industry and be competitive in the conference segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunity for Increasing Cities’ Tax Revenues As occupancy rates increase, so too will the cities’ TOT revenue. With stable public/private funding for tourism marketing efforts, annual occupancy rates should increase significantly as new marketing and sales promotion programs are implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the cities. The renewal of the FCTBID in partnership with the FCCVB creates a stable funding source tied directly to tourism promotion. 3. Stable Funding for Tourism Promotion The FCTBID will provide a stable source of funding for consistent tourism promotion efforts. The FCTBID will provide funding for tourism promotion free of the political and economic circumstances that can reduce or eliminate government funding for tourism promotion. Management District Plan 4 October 1, 2014 III. BACKGROUND TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed in West Hollywood, California in 1989. Since then, over eighty California destinations have followed suit. In recent years, other states have begun adopting the California model – Washington, Montana, and Texas have adopted TBID laws. Several other states are in the process of adopting their own legislation. And, some cities, like Portland, Oregon, have utilized their charter powers to create TBIDs without a state law. California’s TBIDs collectively raise over $150 million for local destination marketing. With competitors raising their budgets, and increasing rivalry for visitor dollars, it is important that Fresno and Clovis lodging businesses invest in stable, lodging-specific marketing programs. TBIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. TBIDs allow lodging business owners to organize their efforts to increase room night sales. Lodging business owners within the TBID pay an assessment and those funds are used to provide services that increase room night sales. In California, TBIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to TBID:  Funds must be spent on services and improvements that provide a specific benefit only to those who pay;  Funds cannot be diverted to general government programs;  They are customized to fit the needs of payors in each destination;  They allow for a wide range of services;  They are designed, created and governed by those who will pay the assessment; and  They provide a stable, long-term funding source for tourism promotion. Management District Plan 5 October 1, 2014 IV. BOUNDARY The FCTBID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the cities of Fresno and Clovis. Lodging business means: any structure, or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. The boundary, as shown in the map below, currently includes eighty-nine (94) lodging businesses. A complete listing of lodging businesses within the proposed FCTBID can be found in Appendix 2. Management District Plan 6 October 1, 2014 V. BUDGET AND SERVICES A. Annual Service Plan Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the FCTBID funds are sales promotion and destination marketing programs. These FCTBID programs are only available to assessed businesses. A service plan budget has been developed to deliver services that benefit businesses throughout the District. A detailed annual budget will be developed and approved by the Owners’ Association. The table below illustrates the initial annual budget allocations. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the FCCVB board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the FCTBID, any and all assessment funds may be used for the costs of defending the FCTBID. The annual assessment rate is one and one-half percent (1.5%) of gross short-term (stays less than 31 days) room rental revenue, for years one through five of the ten year term. In years six through ten, the annual assessment rate is two percent (2%) of gross short-term (stays less than 31 days) room rental revenue. The table below portrays the potential annual assessment budget increase from one and one- half percent (1.5%) to two percent (2%) in year six of the ten year term. Additionally, a three percent (3%) annual increase in the total budget is shown, to account for estimated increased room night sales as a result of FCTBID efforts. $1,176,000 , 84% $140,000 , 10% $70,000 , 5% $14,000 , 1% Sales and Marketing Administration Contingency/Renewal City Administration Management District Plan 7 October 1, 2014 Estimated Annual Budget 2016-2025 FY Sales and Marketing Administration Contingency City Administration Total 2016 $1,176,000 $140,000 $70,000 $14,000 $1,400,000 2017 $1,211,280 $144,200 $72,100 $14,420 $1,442,000 2018 $1,247,618 $148,526 $74,263 $14,853 $1,485,260 2019 $1,285,047 $152,982 $76,491 $15,298 $1,529,818 2020 $1,323,598 $157,571 $78,786 $15,757 $1,575,712 2021 $1,813,197 $215,857 $107,928 $21,586 $2,158,568 2022 $1,867,593 $222,333 $111,166 $22,233 $2,223,325 2023 $1,923,621 $229,003 $114,501 $22,900 $2,290,025 2024 $1,981,330 $235,873 $117,936 $23,587 $2,358,726 2025 $2,040,770 $242,949 $121,474 $24,295 $2,429,488 Sales and Marketing A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Fresno and Clovis as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:  Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses;  Print ads in magazines and newspapers targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;  Television ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;  Radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;  Attendance of trade shows to promote assessed businesses;  Sales blitzes for assessed businesses;  Familiarization tours of assessed businesses;  Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;  Attendance of professional industry conferences and affiliation events to promote assessed businesses;  Lead generation activities designed to attract tourists and group events to assessed businesses;  Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;  Promotion of sporting events to drive overnight visitation and room sales to assessed businesses; and  Education of lodging business management and the owners’ association on marketing strategies best suited to meet assessed business’s needs. Administration and Operations Management District Plan 8 October 1, 2014 The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees. City Administration Fee The Cities of Fresno and Clovis shall be paid a fee equal to 1% of the amount of assessment collected to cover their costs of collection and administration. Contingency/Renewal A prudent portion of the budget will be allocated to a contingency fund, to account for lower than anticipated collections. If there are contingency funds collected and near the expiration of the district there are contingency funds remaining, and business owners wish to renew the district, the contingency funds may be used for renewal costs. B. Determination of Specific Benefit State law requires that assessment funds be expended on specific benefits conferred directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the cities of conferring the benefits. The services in this Management District Plan are designed to provide targeted benefits directly to assessed lodging businesses. These services are tailored not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g., the proposed activities are specifically targeted to increase room night sales for assessed lodging businesses within the boundaries of the District, and are narrowly tailored. FCTBID funds will be used exclusively to provide the specific benefit of increased room night sales directly to the assessees. For example, non-assessed businesses will not be featured in FCTBID programs and will not receive sales leads from them. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Further, the assessment may be utilized to provide specific government services directly to the payors that are not provided to those not charged, and which do not exceed the reasonable costs to the City of providing the services. The legislature has recognized that marketing and promotions services like those to be provided by the FCTBID are, in the context of assessment districts, government services. Further, the amount of the assessment is no more than necessary to cover the reasonable costs of the proposed activities, and the manner in which the costs are allocated to a business owner bear a fair share or reasonable relationship to the businesses’ benefits received from the proposed activities. A specific benefit is not excluded from classification as a “specific benefit” merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor. To the extent that other, non-District, lodging businesses may receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-District funds. District services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. Funds will be managed by the Owners’ Association, and reports submitted on an annual basis to the City. Only assessed businesses will be featured in marketing materials, receive sales leads generated from district-funded activities, be featured in advertising campaigns, and benefit from other district-funded services. Non-assessed businesses will not receive these, nor any other, district-funded services and benefits. Management District Plan 9 October 1, 2014 C. Assessment The annual assessment rate is one and one-half percent (1.5%) of gross short-term (stays less than 31 days) room rental revenue, for years one through five of the ten year term. In years six through ten, the annual assessment rate is two percent (2%) of gross short-term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on the following stays:  Stays of more than thirty (30) consecutive days;  Stays by railroad crews and airline crews;  Stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty or any federal or California city, county or state government officer or employee when on official business; and  Stays by any occupant whose rent is of a value less than two dollars ($2.00) a day. The term “gross room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessment shall be disclosed as the “FCTBID Assessment.” The assessment shall not be considered revenue for any purposes, including calculation of transient occupancy taxes. Bonds shall not be issued. D. Penalties and Interest 1. Any lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment. 2. Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed. 3. If either City determines that the non-payment of any remittance due under this plan is due to fraud or intent to evade the provisions thereof, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections 1 and 2 of this section. 4. In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid. 5. Every penalty imposed and such interest as accrues under the provisions of this section shall be merged with and become a part of the assessment herein required to be paid. E. Time and Manner for Collecting Assessments The FCTBID assessment will be implemented beginning January 1, 2016 and will continue for ten (10) years through December 31, 2025. Each city will be responsible for collecting the assessment Management District Plan 10 October 1, 2014 not less than quarterly (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the respective city, in the FCTBID, and forwarding the amount collected to the City of Fresno on a quarterly basis. Each city shall take all reasonable efforts to collect, or cause to be collected, the assessments from each lodging business located within its boundaries, within the FCTBID, including the collection of delinquent assessments. The assessment shall be collected using a return form developed and provided to the assessed businesses by the cities. The City of Fresno shall forward the assessment funds collected, including any delinquencies, penalties and interest, to the Owners’ Association. Management District Plan 11 October 1, 2014 VI. GOVERNANCE A. Owners’ Association The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the FCTBID as defined in Streets and Highways Code §36614.5. The City Council has determined that the Fresno/Clovis Convention and Visitors Bureau (FCCVB) will serve as the Owners’ Association for the FCTBID. B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association is considered a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the FCCVB board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. C. Annual Report The FCCVB shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:  Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.  The improvements and activities to be provided for that fiscal year.  An estimate of the cost of providing the improvements and the activities for that fiscal year.  The method and basis of levying the assessment in sufficient detail to allow each business owner, to estimate the amount of the assessment to be levied against his or her business for that fiscal year.  The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.  The amount of any contributions to be made from sources other than assessments levied pursuant to this part. Management District Plan 12 October 1, 2014 APPENDIX 1 – LAW Property And Business Improvement District Law of 1994 Cal Sts & Hy Code § 36600 (2013) *** This document is current through the 2014 Supplement *** (All 2013 legislation) ß 36600. Citation of part This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." ß 36601. Legislative findings and declarations The Legislature finds and declares all of the following: (a) Businesses located and operating within the business districts of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow cities to fund business related improvements, maintenance, and activities through the levy of assessments upon the busi nesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses are not taxes for the general benefit of a city, but are asse ssments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities are provided. ß 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within a business improvement area. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of reven ue for these purposes. ß 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). ß 36603.5. Part prevails over conflicting provisions Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. Management District Plan 13 October 1, 2014 ß 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. ß 36605. [Section repealed 2001.] ß 36606. "Assessment" "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and busines s improvement district. ß 36607. "Business" "Business" means all types of businesses and includes financial institutions and professions. ß 36608. "City" "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code , the public member agencies of which includes only cities, counties, or a city and county, or the State of California. ß 36609. "City council" "City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. ß 36610. 'Improvement" "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the area. (k) Ramps, sidewalks, plazas, and pedestrian malls. (l) Rehabilitation or removal of existing structures. Management District Plan 14 October 1, 2014 ß 36611. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part. ß 36612. "Property" "Property" means real property situated within a district. ß 36613. "Activities" "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. (b) Furnishing of music in any public place within the district. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. ß 36614. "Management district plan"; "Plan" "Management district plan" or "plan" means a proposal as defined in Section 36622. ß 36614.5. "Owners' association" "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the district. ß 36615. "Property owner"; "Business owner"; "Owner" "Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. ß 36616. "Tenant" "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. Management District Plan 15 October 1, 2014 ß 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing w ith Section 36500) of this division) is valid and effective and is unaffected by this part. ß 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. ß 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. ß 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the ci ty council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in exce ss of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. ß 36622. Contents of management district plan The management district plan shall contain all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the d istrict. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment wi ll be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business Management District Plan 16 October 1, 2014 owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements and activities proposed for each year of operatio n are the same, a description of the first year's proposed improvements and activities and a statement that the same improvements and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a ne w district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assess ments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan . (j) Any proposed rules and regulations to be applicable to the district. (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation and maintenance. (l) Any other item or matter required to be incorporated therein by the city council. ß 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall Management District Plan 17 October 1, 2014 contain or be accompanied by written evidence that the person subscribing is the o wner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or in creased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement o r other special benefit was proposed to be funded by assessing both property and business owners. ß 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. ß 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish the proposed property and business improvement district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolut ion of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed to be levied. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. Management District Plan 18 October 1, 2014 ß 36626. Resolution establishing district If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information about the preliminary resolution if none has been adopted. ß 36626.5. [Section repealed 1999.] ß 36626.6. [Section repealed 1999.] ß 36626.7. [Section repealed 1999.] ß 36627. Notice and assessment diagram Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. ß 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, th e city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. ß 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements and activities. ß 36629. Provisions and procedures applicable to benefit zones and business categor ies All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. ß 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and a new district established pursuant to this part. ß 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessme nts levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same Management District Plan 19 October 1, 2014 lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuan t to this part shall be charged interest and penalties. ß 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the imp rovements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusive ly presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. ß 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or p roceeding shall be perfected within 30 days after the entry of judgment. ß 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. ß 36635. Request to modify management district plan The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. ß 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention; Modification of improvements and activities by adoption of resolution after public hearing (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the p roposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. Management District Plan 20 October 1, 2014 ß 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. ß 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of thi s part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. ß 36641. [Section repealed 2001.] ß 36642. [Section repealed 2001.] ß 36643. [Section repealed 2001.] ß 36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal year . (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from source s other than assessments levied pursuant to this part. Management District Plan 21 October 1, 2014 (c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. ß 36651. Designation of owners' association to provide improvements and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services. ß 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues at tributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. ß 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfea sance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30 -day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30 -day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30 -day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The p ublic hearing shall be held not more than 60 days after the adoption of the resolution of intention. Management District Plan 22 October 1, 2014 ß 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of ass ets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. Management District Plan 23 October 1, 2014 APPENDIX 2 – ASSESSED BUSINESSES LODGING BUSINESS ADDRESS Ambassador Inn & Suites 1804 W. Olive Avenue Fresno, CA 93728 America's Best Value Inn D/T 2425 Merced St. Fresno, CA 93721 Americas Best Value Inn-Clovis 1616 Clovis Avenue Clovis, CA 93612 Ashlan Inn 4278 W. Ashlan Avenue Fresno, CA 93722 Astro Motel 3393 N. Parkway Drive Fresno, CA 93722 Ayres Motel 2710 S. Orange Avenue Fresno, CA 93725 Best Budget Inn 7117 N. Blackstone Avenue Fresno, CA 93650 Best Western Clovis Cole 415 Clovis Avenue Clovis, CA 93612 Best Western Fresno Airport 1551 N. Peach Fresno, CA 93727 Best Western Fresno Inn 480 E. Shaw Ave. Fresno, CA 93710 Best Western Village Inn 3110 North Blackstone Ave. Fresno, CA 93703 Big Star Motel 2325 S. G St. Fresno, CA 93721 Comfort Inn 5455 W. Shaw Ave. Fresno, CA 93711 Comfort Suites 102 East Herndon Fresno, CA 93720 Comfort Suites Clovis 143 Clovis Avenue Clovis, CA 93612 Country Inn & Suites 6065 N. Thesta Fresno, CA 93710 Courtyard by Marriott-Shaw 140 E. Shaw Ave. Fresno, CA 93710 Crosslands 3460 W. Shaw Ave. Fresno, CA 93711 Days Inn Fresno 1101 N. Parkway Dr. Fresno, CA 93728 Day's Inn Highway 99 2640 South Second Street Fresno, CA 93706 Del Mar Motel 1849 N. Golden State Blvd. Fresno, CA 93705 Econo Inn 1828 Broadway Fresno, CA 93721 Econo Lodge-Parkway 445 N. Parkway Drive Fresno, CA 93706 Economy Inn 4290 N Blackstone Ave. Fresno, CA 93726 El Muir Motel 2339 S. G St. Fresno, CA 93721 Executive Inn 1087 Parkway Drive Fresno, CA 93728 Extended Stay America 7135 N. Fresno St. Fresno, CA 93720 Fairfield Inn by Marriott 50 N. Clovis Avenue Clovis, CA 93612 Flamingo Inn 1487 N Golden State Blvd. Fresno, CA 93728 Formosa Inn 4965 N Forestiere Avenue Fresno, CA 93722 Fresno Motel 1325 N. Golden State Blvd. Fresno, CA 93728 Fresno Motor Lodge Motel 1587 N. Golden State Blvd. Fresno, CA 93728 Gables Motel 2833 E. Church Ave. Fresno, CA 93706 Garden Inn & Suites 4949 N. Forestiere Avenue Fresno, CA 93722 Hampton Inn & Suites 855 W. Gettysburg Avenue Clovis, CA 93612 Hampton Inn & Suites Fresno 327 E. Fir Avenue Fresno, CA 93720 Hampton Inn & Suites-Kathryn 7194 Kathryn Avenue Fresno, CA 93722 Hilton Garden Inn 520 W. Shaw Avenue Clovis, CA 93612 Holiday Inn Express 7191 W. Kathryn Fresno, CA 93722 Holiday Inn Express Fresno/South 2660 South Second Street Fresno, CA 93706 Holiday Inn Express/Clovis 650 W. Shaw Avenue Clovis, CA 93612 Holiday Inn Express/Riverpark 7115 N. Howard St. Fresno, CA 93720 Management District Plan 24 October 1, 2014 Holiday Inn Fresno Airport 5090 E. Clinton Way Fresno, CA 93727 Holiday Motel 1407 N. Golden State Blvd. Fresno, CA 93728 Homewood Suites by Hilton-Fresno 6820 N Fresno Street Fresno, CA 93710 Homewood Suites/Clovis 835 W. Gettysburg Avenue Clovis, CA 93612 Hotel California 530 N. Weber Ave. Fresno, CA 93728 Kings Canyon Motel 4770 E. Kings Canyon Rd. Fresno, CA 93702 Knights Inn (Formerly Days Inn) 4061 N. Blackstone Ave. Fresno, CA 93726 La Quinta Inn & Suites 5077 N. Cornelia Ave. Fresno, CA 93720 La Quinta Inn (Riverpark) 330 E. Fir Avenue Fresno, CA 93720 La Quinta Inn, Fresno D/T 2926 Tulare Street Fresno, CA 93721 Manchester Motel 3844 N. Blackstone Ave. Fresno, Ca 93726 Motel 6 5021 N. Barcus Fresno, CA 93722 Motel 6 #0006 4245 N. Blackstone Avenue Fresno, CA 93726 Motel 6 #1325 4080 N. Blackstone Avenue Fresno, CA 93726 Motel 6 #1352 1240 N. Crystal Avenue Fresno, CA 93728 Palace Inn 797 N. Parkway Dr. Fresno, CA 93728 Park Inn by Radisson 3737 N. Blackstone Ave. Fresno, CA 93726 Parkland Hotel 3095 N. Parkway Drive Fresno, CA 93722 Parkside Inn 1415 W. Olive Ave. Fresno, CA 93728 Piccadilly Inn Express/Chateau Inn 5113 E. McKinley Avenue Fresno, CA 93727 Piccadilly Inn-Airport 5115 E. McKinley Avenue Fresno, CA 93727 Piccadilly Inn-Shaw 2305 W. Shaw Avenue Fresno, Ca 93711 Plaza Motel 1940 Broadway Fresno, CA 93721 Quality Inn North 6051 N. Thesta Avenue Fresno, CA 93710 Radisson Hotel 1055 Van Ness Avenue Fresno, CA 93721 Ramada Northwest 5046 W. Barcus Fresno, CA 93722 Ramada University 324 E. Shaw Avenue Fresno, CA 93710 Red Roof Inn 4141 N. Blackstone Ave. Fresno, CA 93726 Residence Inn by Marriott 5322 N. Diana Avenue Fresno, CA 93710 River Park Inn (formerly Knight's Inn) 6090 N. Blackstone Avenue Fresno, CA 93710 Rodeway Inn 959 N. Parkway Drive Fresno, CA 93728 Rodeway Inn-Blackstone 6730 N. Blackstone Avenue Fresno, CA 93710 Royal Motel 3391 N. Parkway Drive Fresno, CA 93722 San Joaquin Suites 1309 W. Shaw Avenue Fresno, CA 93711 Sands Motel 1441 N. Golden State Blvd. Fresno, CA 93728 Sequoia Motel 4707 E. Kings Canyon Rd. Fresno, CA 93702 Sierra Inn 949 N. Parkway Drive Fresno, CA 93728 Springhill Suites by Marriott 6844 N. Fresno St. Fresno, CA 93710 Starlite Inn 3335 N. Parkway Drive Fresno, CA 93722 Summerfield Inn 6309 N. Blackstone Ave. Fresno, CA 93710 Super 8 Motel 2127 Inyo Street Fresno, CA 93721 Town House Motor Hotel 1383 N. Motel Drive Fresno, CA 93728 Towne Place Suites 7127 N. Fresno St. Fresno, CA 93720 Travel Inn & Suites 1444 W. White Ave. Fresno, CA 93728 Travelodge-Blackstone 3876 N. Blackstone Ave. Fresno, CA 93726 Management District Plan 25 October 1, 2014 University Inn 2655 E. Shaw Avenue Fresno, CA 93710 University Square Hotel 4961 N. Cedar Avenue Fresno, CA 93726 Uniwell Fresno Hotel LLC (formerly Radisson Hotel & Conference Center) 2233 Ventura Street Fresno, CA 93721 Vagabond Inn 2570 S. East Avenue Fresno, CA 93706 Valley Inn 933 N. Parkway Drive Fresno, CA 93728 Villa Motel 817 N. Parkway Drive Fresno, CA 93728 Welcome Inn 777 N. Parkway Drive Fresno, CA 93728 NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE RENEWAL OF THE FRESNO/CLOVIS TOURISM BUSINESS IMPROVEMENT DISTRICT AND LEVY OF AN ASSESSMENT ON CERTAIN LODGING BUSINESSES WITHIN THE DISTRICT NOTICE IS HEREBY GIVEN that on October 30, 2014, the City Council (the “Council”) of the City of Fresno (the “City”) adopted a Resolution of Intention to renew the Fresno/Clovis Tourism Business Improvement District (the “FCTBID”) and to levy an assessment on certain lodging businesses within the FCTBID as set forth in the attached Resolution of Intention. NOTICE IS HEREBY FURTHER GIVEN that at 10:00 AM on November 20, 2014, at the City of Fresno Council Chambers, 2600 Fresno Street, Fresno, CA 93721, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the renewal of the FCTBID and the levy of assessments therein as set forth in the enclosed Resolution of Intention and pursuant to Government Code section 54954.6. NOTICE IS HEREBY FURTHER GIVEN that at 2:00 PM on December 18, 2014, at the City of Fresno Council Chambers, 2600 Fresno Street, Fresno, CA 93721, has been set as the time and place for a public hearing at which time the Council proposes to renew the FCTBID and to levy the proposed assessment as set forth in the Resolution of Intention. Boundaries: The renewed FCTBID includes all lodging businesses located within the boundaries of the cities of Fresno and Clovis. Assessment: The annual assessment rate is one and one-half percent (1.5%) of gross short-term (stays less than 31 days) room rental revenue, for years one through five of the ten year term. In years six through ten, the annual assessment rate is two percent (2%) of gross short-term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, nor on stays by railroad crews, airline crews, or tax exempt government employees on government business as described in detail in section V of the Management District Plan. Budget: The total FCTBID annual budget for the first five (5) years of its ten (10) year operation is anticipated to be approximately $1,400,000 per year. The anticipated annual budget for the last five (5) years of its ten (10) year operation will be approximately $2,000,000 per year. This budget is expected to fluctuate as room sales and the assessment rate do, as detailed in Section VI of the Management District Plan. Purpose: The FCTBID is designed to provide specific benefits directly to payors by increasing room night sales. Destination marketing and sales promotions will increase overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing room night sales. Collection: Each City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business located in its jurisdiction. Each City shall take all reasonable efforts to collect the assessments from each lodging business. Protest: Any owner of a lodging business within the renewed FCTBID that will be subject to the assessment may protest the renewal of the FCTBID. If written protests are received from the owners of lodging businesses in the renewed FCTBID who represent 50 percent (50%) or more of the estimated annual assessments to be levied, the FCTBID shall not be renewed and the assessment shall not be imposed. You may mail a written protest to: Office of the City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721 You may also appear at the public hearing and submit a written protest at that time. Information: Should you desire additional information about this proposed FCTBID or assessment contact: Ms. Layla Forstedt Fresno/Clovis Convention and Visitors Bureau 1550 E. Shaw Avenue, Suite 101 Fresno, CA 93710 (559) 981-5500 Dated: ________________________________ __________________________________________ City Clerk 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. 2014 - ____________ RESOLUTION REQUESTING CONSENT OF THE CITY OF CLOVIS TO RENEW THE FRESNO/CLOVIS TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City of Fresno created the FCTBID in 2010, which district includes the City of Clovis; and WHEREAS, the district was formed for a five (5) year term ending on December 31, 2015; and WHEREAS, the City Council of the City of Fresno desires to begin proceedings to renew the Fresno/Clovis Tourism Business Improvement District (“FCTBID”); and WHEREAS, certain lodging business owners have requested that the City Council (the “Council”) of the City of Fresno (the “City”) renew the FCTBID; and WHEREAS, a portion of the territory proposed to be included in the FCTBID lies within the boundaries of the City of Clovis, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment; and WHEREAS, the portion of the City of Clovis which is within the boundaries of the proposed FCTBID will, in the opinion of the Council, be benefited by the improvements and activities, and the purpose sought to be accomplished by the work can best be accomplished by a single comprehensive scheme of work. NOW, THEREFORE, be it resolved by the City Council of the City of Fresno that: Section 1: The above recitals are true and correct. Section 2: Consent of the City of Clovis, through its City Council, is hereby requested to create the FCTBID, and to grant to the Council jurisdiction for all the purposes in connection with creation and operation of the proposed FCTBID. Section 3: The Clerk of the City Council is hereby directed to transmit a certified copy of this Resolution to the Clerk of the City of Clovis. 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 resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Katherine B. Doerr [date] Supervising Deputy City Attorney KBD:elb [65859elb/kbd] Reso 3 of 3 Boundary Map 1 of 4 RESOLUTION NO. 2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRESNO DECLARING ITS INTENTION TO RENEW THE FRESNO/CLOVIS TOURISM BUSINESS IMPROVEMENT DISTRICT (FCTBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the City of Fresno created the Fresno/Clovis Tourism Business Improvement District (FCTBID) on December 16, 2010 by Resolution No. 2010-295; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and WHEREAS, the Fresno/Clovis Convention and Visitors Bureau, lodging business owners, members of the business community and representatives from the City of Fresno have met to consider the renewal of the FCTBID; and WHEREAS, the Fresno/Clovis Convention and Visitors Bureau has drafted a Management District Plan which sets forth the proposed boundary of the FCTBID, a service plan and budget, and a proposed means of governance; and WHEREAS, lodging businesses which will pay more than fifty percent (50%) of the assessment under the FCTBID have petitioned the City Council to establish the FCTBID. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council finds that the lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Management District Plan have signed and submitted petitions in support of the renewal of the FCTBID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the FCTBID and to levy an assessment on certain lodging businesses within the FCTBID boundaries in accordance with the Property and Business Improvement District Law of 1994. 3. The City Council finds that the Management District Plan satisfies all requirements of Streets and Highways Code § 36622. 4. The City Council declares its intention to renew the FCTBID and to levy and collect assessments on lodging businesses within the FCTBID boundaries pursuant to the Property and Business Improvement District Law of 1994. 2 of 4 5. The FCTBID shall include all lodging businesses located within the boundaries of the cities of Fresno and Clovis, as shown in the map, attached as Exhibit A. 6. The name of the district shall be Fresno/Clovis Tourism Business Improvement District (FCTBID). 7. The annual assessment rate is one and one-half percent (1.5%) of gross short-term (stays less than 31 days) room rental revenue, for years one through five of the ten year term. In ye ars six through ten, the annual assessment rate is two percent (2%) of gross short-term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, nor on stays by railroad crews, airline crews, or tax exempt government employees on government business as described in detail in section V of the Management District Plan. 8. The assessments levied for the FCTBID shall be applied toward sales promotion and destination marketing programs to market assessed lodging businesses in Fresno and Clovis as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which FCTBID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan. 9. The FCTBID will have a ten (10) year term, beginning January 1, 2016 through December 31, 2025, unless renewed pursuant to Streets and Highways Code § 36660. 10. Bonds shall not be issued. 11. The time and place for the public meeting to hear testimony on renewing the FCTBID and levying assessments are set for November 20, 2014, at 10:00 AM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2600 Fresno Street, Fresno, CA 93721. 12. The time and place for the public hearing to renew the FCTBID and the levy of assessments are set for December 18, 2014, at 2:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2600 Fresno Street, Fresno, CA 93721. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623. 13. At the public meeting and hearing the testimony of all interested persons for or against the establishment of the FCTBID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed FCTBID that will pay more than fifty percent (50%) of the estimated total assessment of the entire FCTBID, no further proceedings to establish the FCTBID shall occur for a period of one year. 14. The complete Management District Plan is on file with the City Clerk and may be reviewed upon request. 15. This resolution shall take effect immediately upon its adoption by the City Council. 3 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Katherine B. Doerr Date Supervising Deputy KBD:elb [65876elb/kbd] Reso 4 of 4 EXHIBIT A District Boundaries City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-495 Agenda Date:10/30/2014 Agenda #:1-F REPORT TO THE CITY COUNCIL October 30, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division LALKUMAR GOONAWARDENA, PE, Design Services Manager Public Works Department, Capital Management Division BY:ERNESTO GARCIA, Supervising Engineering Technician Public Works Department, Capital Management Division SUBJECT Actions pertaining to the traffic signal installation at the intersection of Shields and Sunnyside Avenues - Project Bid File No. 3346 (Council District 4) 1.Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(c) (existing facilities) of the California Environmental Quality Act Guidelines for the traffic signal installation at the intersection of Shields and Sunnyside Avenues 2.Award a construction contract to Kertel Communications, Inc. dba Sebastian of Fresno, California in the amount of $310,470 for the traffic signal installation at the intersection of Shields and Sunnyside Avenues RECOMMENDATION Staff recommends that the City Council adopt a finding of Class 1 Categorical Exemption,pursuant to Section 15301(c)of the CEQA Guidelines,and authorize the Public Works Director or designee to sign the contract on the City’s behalf and award a construction contract in the amount of $310,470 to Kertel Communications,Inc.dba Sebastian of Fresno,California,as the lowest responsive and responsible bidder for the Traffic Signal Installation at the intersection of Shields and Sunnyside Avenues. EXECUTIVE SUMMARY The proposed traffic signal installation project at the intersection of Shields and Sunnyside Avenues will provide a significant improvement for efficient vehicle movement through the intersection. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-495 Agenda Date:10/30/2014 Agenda #:1-F On September 5,2014,four (4)sealed bids were received and opened in a public forum.Kertel Communications,Inc.dba Sebastian of Fresno has been determined to be the lowest responsive and responsible bidder.Staff recommends that the Council award a construction contract in the amount of $310,470 to Kertel Communications,Inc.dba Sebastian and authorize the Public Works Director or his designee to sign the contract on the City’s behalf. BACKGROUND The project includes installation of a traffic signal,reconstruction of ADA compliant curb ramps, crosswalks, signing and pavement striping. Public Work’s staff prepared project plans and specifications and a Notice Inviting Bids was published in the Business Journal on September 5,2014,and posted on the City’s website and faxed to ten (10)building exchanges.The specifications were distributed to five (5)prospective bidders.Four (4) sealed bid proposals were received and opened in a public bid opening on September 30,2014,with the bids ranging from $272,165 to $334,000.The low bid of $272,165 was deemed to be non- responsive because Federal Funding’s requested documentation was not certified prior to bid opening.Therefore,Kertel Communications,Inc.dba Sebastian of Fresno is deemed most responsive and responsible bidder.The bids will expire in 64 days as of the bid opening of September 30, 2014. Staff is recommending award of a construction contract to Kertel Communications,Inc.dba Sebastian in the amount of $310,470 to construct the Traffic Signal at the Intersection of Shields and Sunnyside Avenues and authorize the Public Works Director,or designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(existing facilities),which exempts the repair,maintenance,or minor alteration of existing structures or facilities,which includes existing streets,sidewalk and gutters,and no further expansion of existing use,because the project includes installation of traffic signal facilities,ADA compliant curb ramps, crosswalks,signs and pavement striping,and asphalt concrete pathways.Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE The local preference was not implemented based on conditions of the Federal Congestion Mitigation Air Quality (CMAQ) grant. FISCAL IMPACT The traffic signal installation project at Shields and Sunnyside is located in District 4.The overall cost of the project is $476,300 and is funded by $424,679 CMAQ Regional Bid funds and $51,621 local Traffic Signal Mitigation Impact Fee funds.The project will not have any impact to the General Fund. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-495 Agenda Date:10/30/2014 Agenda #:1-F Of the overall cost of the project, $341,500 will be used for the construction contract award. Attachments:Bid Evaluation/Fiscal Impact Statement Vicinity Map City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ EVALUATION OF BID PROPOSALS Page 1 FOR: TRAFFIC SIGNAL INSTALLATION AT SHIELDS AND SUNNYSIDE Bid File No.3346 Bid Opening9l30l14'' BIDDER'S BID AMOUNT *1. American Gonst. Engineers 26375 Watts Valley Rd. $272,165.00 (non-responsive) Tollhouse, C4.93667 2. Kertel Communications, lnc dba Sebastian 7600 N. Palm Ave. $310,470.00 Fresno, CA. 93711 3. Madco Electric, lnc 2135 E. Front St. $323,000.00 Selma, C4.93662 4. A-C. Electric Company P.O. Box2425 $334,000.00 Fresno, C4.93745 Each bidder has agreed to allow the City sixty-four (64) days from date bids are opened to accept or reject their bid proposal. Purchasing requests that you complete the following sections and return this bid evaluation to the Purchasing Division at the latest bv Wednesdav. October 29 . 2014. 5:00 P.M. The Engineer's Estimate for this expenditure is $ 329,720.00 . The contract price is 6 % below the Engineer's Estimate. lf the overage is greater than 10o/o or only one bid was received, give explanation: BACKGROUND OF PROJECT (To be completed by Evaluating DepartmenUDivision. Explain need for projecUequipment): The project will install a traffic signal at the intersection of Shields and Sunnyside Avenues. The proposed traffic signal has satisfied traffic warrants for new traffic signal installations and is listed in the 2014 Council approved priority list for new traffic signal installations. K:\FORMS\EVALUATIONWithDBE EVALUATION OF BID PROPOSALS Page 2 FOR: TRAFFIC SIGNAL INSTALLATION AT SHIELDS AND SUNNYSIDE Bid File No.3346 Bid Opening9l30l14. DEPARTMENT CONCLUSIONS AND RECOMMENDATION: tl(] Award a contract in the amount of $ 310.470.00 to KERTEL COMMUNICATIONS. lNC. dba SEBASTIAN of FRESNO, CA. as the lowest responsive and responsible bidder. Remarks: tl Reject all bids. Reason: Department Head Approval Title Assistant Public Works Director Date A DBE goal of 8% was established for this project. The recommended Contractor complied with the DBE requirements pursuant to the bid specifications. DBE Program Coordinator Date U Approve Dept. Recommendation ll Approve Finance/Purchasing Recommendation U Disapprove t_l Disapprove U See Attachment FINANCE DEPARTMENT CITY MANAGER Purchasing Manager Date City Manager or Designee Date Assistant Controller Date KIFORMS\EVALUATIONWithDBE FISCAL IMPACT STATEM ENT PROGRAM: Traffic Signal at Shields and Sunnyside Avenues PW00591 TOTAL OR ANNUALIZEDRECOMMENDATION CURRENT COST Direct Cost $310.470.00 lndirect Cost $165.830.00 TOTAL COST $476.300.00 Additional Revenue or SavingsGenerated $0.00 Net City Cost $476.300.00 Amount Budgeted (lf none budgeted, identify source) $476.300.00 lndirect Costs consist of the followino: Preliminary Engineering $57,900.00 Construction Engineering $76,900.00 (Construction Management, Surveying, lnspection, Contract Compliance) Contract Contingencies $31.030.00 TOTAL $165,830.00 This project is 89.16% funded by Congestion Mitigation Air Quality (CMAO) federal funds. 10.84o/o of the prolect costs are funded by local Traffic Signal Mitigation lmpact Fee funds. KIFORMS\EVALUATIONWithDBE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-507 Agenda Date:10/30/2014 Agenda #:1-G REPORT TO THE CITY COUNCIL October 30, 2014 FROM:JERRY DYER, Chief of Police Police Department BY:RICHARD TUCKER, Acting Lieutenant Traffic and Special Services Bureau SUBJECT Award a service contract in the amount of $77,546.90 to Shier Aviation Corporation DBA Corporate Helicopters, of San Diego, CA, for the mandated 12 year inspection of a Fresno Police Department EC-120B Airbus Helicopter RECOMMENDATION It is recommended that the Council award a service contract in the amount of $77,546.90 to Shier Aviation,dba Corporate Helicopters (San Diego,CA)to complete a manufacturer-mandated 12-year inspection of a Fresno Police Department Airbus EC-120 Helicopter. EXECUTIVE SUMMARY The first of two Fresno Police Department EC-120 helicopters are due for a mandated 12-year inspection in November 2014.After issuing a Request for Proposal (RFP)for the mandated 12- year inspection,Shier Aviation,dba Corporate Helicopters was determined to be lowest responsive and responsible bidder.Staff recommends that Council award a service contract to Shier Aviation, dba Corporate Helicopters and that Council authorize the Chief of Police or designee to sign the contract on behalf of the City. BACKGROUND The Fresno Police Department’s “Skywatch” Air Support Unit currently operates two helicopters, a 2003 Airbus EC-120 (certificated in 2002) and a 2005 Airbus EC-120 (certificated in 2004). Airbus (formerly known as American Eurocopter) mandates a 12-year (144-month) inspection be done on all helicopters it manufactures. This inspection must be started by November 2014. This inspection requires the removal of all systems (engine, transmission and fuel tanks) and a complete tear-down of the airframe in order to be able to detect any irregularities not seen during regular inspections. It is estimated the inspection will take three months to complete. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-507 Agenda Date:10/30/2014 Agenda #:1-G A Notice Inviting Bids was posted on the City’s website and the project was advertised on September 10, 2014. Four (4) sealed bids were received by the Purchasing Division and were opened on September 23, 2014, Shier Aviation, dba Corporate Helicopters, was determined to be the lowest responsible bidder. The total bid proposal prices ranged from $77,546.90 to $384,638.14. ENVIRONMENTAL FINDINGS Pursuant to the provisions of California Environmental Quality Act (CEQA) Guidelines Section 15378, this agreement is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference did not affect the award of this requirements contract since none of the proposers qualify for the local business preference according to the Fresno Municipal Code Section 4-108(a). FISCAL IMPACT This project will be paid with grant funding from the Department’s FY 15 budget.The project will have no impact on the General Fund. Attachment: Bid Evaluation 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#14-532 Agenda Date:10/30/2014 Agenda #:1-H REPORT TO THE CITY COUNCIL October 30, 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 Authorize the City Manager to enter into an Agreement with the County of Fresno for landfill disposal services at Fresno County’s American Avenue Landfill RECOMMENDATION Staff recommends that Council authorize the City Manager or designee to enter into a twenty year (20)agreement with the County of Fresno for landfill disposal services at the Fresno County’s American Landfill, subject to City Attorney review and approval of the terms and conditions. EXECUTIVE SUMMARY In 1992,the City of Fresno entered into a contract with the County of Fresno for landfill disposal services at Fresno County’s American Avenue Landfill.This contract expired June 30,2014.Since this time,the City has continued to utilize the American Avenue Landfill through a month to month agreement that was approved by Council on September 25, 2014. Negotiations between the City of Fresno and Fresno County,which began in March of this year,have resulted in the parties reaching a tentative agreement in which the City’s tipping fees will be based on the number of tons of solid waste material that are delivered by the City of Fresno to the American Avenue Landfill. The new tiered rate will result in the City’s tipping charges being reduced from $23 per ton to 18.50 per ton,based on the amount of solid waste material currently being delivered.The annualized savings from the new rate is approximately $950,000.The lower rate also applies to the City’s Commercial Solid Waste providers.In addition to a lower tipping fee, the new tiered-rated schedule also includes a fixed,annual cost escalator of 2.5%per year,with the first increase not occurring until July 1,2016.The new agreement also includes a five year review in which actually costs will be analyzed. BACKGROUND In 1992,the City of Fresno,having closed its own sanitary landfill,negotiated a contract with the County of Fresno to bring all municipal solid waste to the American Avenue Landfill for disposal. Over the last several months the Department of Public Utilities and the City Manager’s Office have been in negotiations City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-532 Agenda Date:10/30/2014 Agenda #:1-H Over the last several months the Department of Public Utilities and the City Manager’s Office have been in negotiations with the County of Fresno concerning the American Avenue Landfill contract,which expired on June 30,2014.During this period,the parties agreed to continue to deliver material to the American Avenue Landfill through a month to month agreement at the current rate while negotiations progressed. During the course of these negotiations staff also reviewed and considered other public and private landfill options for the citizens of Fresno.The factors considered included unit price,distance from transfer station used by the City, location of landfill (in county versus out of county),and currently permitted capacity of other landfills.While other public and private landfills are certainly feasible,the American Avenue Landfill offers our rate payers the optimum combination of price ($18.50/ton),distance (25 miles),location (Fresno County),and currently permitted capacity (24 million cubic yards)-all of which best serve the interests of the community by providing cost and capacity certainty for the next twenty years. In addition,it is important to note that the County’s proposed tipping fee of $18.50 per ton includes a $3.41 per ton charge to provide other important solid waste services for resident living the city of Fresno,such as household hazardous waste (HHW)program,solid waste facility inspections,and state record keeping and reporting.Accordingly, the effective tipping fee for solid waste disposal is actually $15.09 per ton,with the additional $3.41 per ton used to fund other state mandated solid waste programs. The proposed rate of $18.50 is allocated to the following cost components: ·Operations, Maintenance, Equipment, Closure/Post Closure, Corrective Action, LF Expansion Fee: $13.69/ton ·Mandated Health Department Fee: $0.51/ton (includes inspection of facilities within City limits) ·Solid Waste Coordination Fee:$0.50/ton (Includes State and local reporting requirements,and solid waste- related commissions and boards) ·AB 939 Fee:$2.40/ton (Regional programs related to the management of the regional HHW permanent facility, education and outreach programs) ·State Waste Board Fee: $1.40/ton (AB 1220) While the Council could consider disposing Fresno’s municipal solid waste at another landfill located outside the county, the City would still be required to make the equivalent of a $3.41 per ton payment to the County of Fresno to cover the costs for the state mandated programs outlined above.The $3.41 charge would be in addition to increased transportation related costs that the City would be charged for transporting solid waste materials to landfill that is farther away. Therefore, it is staff’s recommendation is to enter into a landfill disposal agreement with Fresno County to secure necessary, sustainable, long-term, solid waste services for the citizens of Fresno. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract does not qualify as a “project” and is therefore exempt from the CEQA requirements. LOCAL PREFERENCE Not applicable FISCAL IMPACT The City’s agreement with the County for the American Avenue Landfill is subject to tonnages hauled and disposed of at $18.50 per ton.The current per ton charge of $23.00 was included in the Division’s FY16 Operating budget.The new rate of $18.50 will result in annualized savings of approximately $950,000. It should be noted that the American Avenue Landfill agreement is one of three agreements that will either expire and/or change over the next year that will directly affect the cost of providing residential solid waste services.The ability to further reduce projected residential solid waste rate increases will,in large part,be predicated upon the outcome of City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-532 Agenda Date:10/30/2014 Agenda #:1-H these subsequent contract negotiations. Attachment: Rate Scale based on tonnages provided City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Proposed City / County Landfill Use AgreementFY 15-16 FY 16-17 FY 17-18FY 18-19Operational Review FY 19-20 FY 20-21 FY 21-22 FY 22-23FY 23-24Operational Review FY 24-25 FY 25-26 FY 26-27 FY 27-28FY 28-29 Operational Review FY 29-30 FY 30-31 FY 31-32 FY 32-33FY 33-34Operational Review FY 34-35TonsYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 200 - 49,999 $22.50 $23.06 $23.64 $24.23 $24.84 $25.46 $26.09 $26.75 $27.41 $28.10 $28.80 $29.52 $30.26 $31.02 $31.79 $32.59 $33.40 $34.24 $35.09 $35.9750,000 - 149,999 $21.50 $22.04 $22.59 $23.15 $23.73 $24.33 $24.93 $25.56 $26.20 $26.85 $27.52 $28.21 $28.92 $29.64 $30.38 $31.14 $31.92 $32.71 $33.53 $34.37150,000 - 249,999 $21.00 $21.53 $22.06 $22.61 $23.18 $23.76 $24.35 $24.96 $25.59 $26.23 $26.88 $27.55 $28.24 $28.95 $29.67 $30.41 $31.17 $31.95 $32.75 $33.57250,000 - 299,999 $18.50 $18.96 $19.44 $19.92 $20.42 $20.93 $21.45 $21.99 $22.54 $23.10 $23.68 $24.27 $24.88 $25.50 $26.14 $26.79 $27.46 $28.15 $28.85 $29.58300,000 + $18.00 $18.45 $18.91 $19.38 $19.87 $20.37 $20.87 $21.40 $21.93 $22.48 $23.04 $23.62 $24.21 $24.81 $25.43 $26.07 $26.72 $27.39 $28.07 $28.78 Notes:1.) Target agreement effective date: January 1, 20152.) City of Fresno is estimating that it will deliver between 250,000 - 299,999 tons per year (Estimated target for FY15-16 is 274,000 tons) 3.) Effective July 1, 2016 and each year thereafter the American Avenue Disposal Site tipping fee is set to increase by 2.5%4.) In FY 18-19 and every five years thereafter an operation review of the Financial Model will be conducted by County, in coordination with the City. The Financial Model will be updated with actual revenues and expenditures along with any change to the updated Engineer's estimate for the cost of Closure, Post Closure and Corrective Action and the then current tipping fee will be analyzed.5.) In FY 17-18 County will be reviewing its Exclusive Service Area Program contracts and will consider flow-control on agreements within geographic areas that make sense 6.) Hours of operation at American Avenue will be changed to: 7.) Tipping fee values shown above for FY 2016 include a $3.41 charge for Other Solid Waste Services provided by Fresno County for the benefit of citizens living with the muncipal corporate limits of the City of Fresno (e.g. household hazardous waste, solid waste monitoring and reporting to the State, solid waste facility inspections, etc.). This charge will also be subject to the 2.5% escalation year year beging July 1, 2016.Monday - Friday: 7:00 a.m. to 3:00 p.m.Saturday: 8:00 a.m. to 2:30 p.m.Sunday: ClosedClosed the following Holidays: Thanksgiving Day, Christmas Day and New Year's Day$3.41 of the tipping fee includes other solid waste services provided by Fresno County for the benefit of citizens living within the municipal corporate limits of the City10/23/2014 @ 9:29 AM City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-381 Agenda Date:10/30/2014 Agenda #:2A REPORT TO THE CITY COUNCIL October 30, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department SUBJECT RESOLUTION - For the Substantial Amendment No. 2012-002, No. 2013-001, and No. 2014-002 to the Fiscal Years 2012, 2013, and 2014 Annual Action Plans to incorporate the planned use of the Emergency Solutions Grant funds RECOMMENDATION Staff recommends that the City Council: 1)Approve a Resolution for the substantial Amendment No.2012-002,No.2013-001,and No.2014-002 to the fiscal years 2012,2013,and 2014 Annual Action Plans to incorporate the planned use of the Emergency Solutions Grant funds; and 2)Authorize the City Manager to sign all implementing documents and approval as to form by the City Attorney. EXECUTIVE SUMMARY Each year the City of Fresno submits an Annual Action Plan to the U.S.Department of Housing and Urban Development (HUD)describing how it will utilize federal funding to accomplish certain federal and local objectives.The Emergency Solutions Grant (ESG)Program is a part of that application.This amendment is intended to clarify the use of the funding, to comply with certain narrative submission requirements,and to include the consultation with the Fresno/Madera Continuum of Care (FMCoC) prior to the public review period. BACKGROUND The City of Fresno has been the recipient of homelessness program funding for a number of years.This program was previously under the guidelines of the ESG program but in 2010,the program was overhauled and renamed the ESG Program as part of the HEARTH Act.Beginning in 2011,the priorities and funding categories of the program were redirected to long-term housing solutions rather than temporary shelter solutions.With the changes in the national program requirements along with new national initiatives to end homelessness,the City has been working to amend its program guidelines and realign anticipated outcomes to be consistent with the national expectations. The ESG Program is designed to identify sheltered and unsheltered homeless persons,as well as those at risk of homelessness,and provide the services necessary to help those persons quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness.The City and County of Fresno,separately,are recipients of an annual allocation of ESG funding.The two agencies will work together to release a request for proposals for federal fiscal City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-381 Agenda Date:10/30/2014 Agenda #:2A years 2013 and 2014 later this fall. Subrecipient awards for 2011 and 2012 were approved previously.This amendment is centered on bringing the Annual Action Plan into compliance with the HEARTH Act regulations and to establish future funding categories. The formula allocations for the ESG program are as follows: FFY 2011*FFY 2012 FFY 2013 FFY 2014 Allocation $188,386 $596,740 $418,409 $517,584 *second allocation On August 10,2014,the Housing and Community Development Division released a Notice of Upcoming Public Comment Period to inform the public that a draft amendment to the Annual Action Plan would be available beginning August 25,2014.City Staff attended the August 8,2014 meeting of the FMCoC to describe the planned activities and timelines for the amended Action Plan and to receive feedback.At that meeting,the agencies expressed concerns about the City’s timeliness in award of ESG funding and the burden of the matching requirements.Both concerns have been addressed in the draft Amendment. On August 24,2014,the Housing and Community Development Division released a Public Notice regarding the Public Review and Comment on Proposed Use of ESG Funds.No formal comments were received during the first 30-day comment period;however,a number of recommendations regarding technical compliance were raised internally and externally.These include the addition of the priorities from the City &County of Fresno Ten Year Plan to End Chronic Homelessness adopted in 2008,addition of the specific providers including their one-year goals and specific action steps as provided in their proposals for service,and replacing the Veteran’s Administration (VA)gaps analysis with the current Point in Time survey that was conducted by the Fresno FMCoC. These recommendations were incorporated into the draft document considered by the Housing and Community Development Commission (HCDC)at their public hearing on September 10,2014.The commission heard and considered a recommendation to the City Council regarding the amended 2011-2014 Action Plans.One public comment was made which focused on the need for a general emergency shelter to serve non-specific clientele.The HCDC considered the activities discussed in the Amendment;comments made by the Commission members included the need to process federal funds in a timely manner and to extend the FFY 2012 subrecipient contracts for an additional nine months for subgrantees to be able to complete their activities. On September 18,2014,the FMCoC requested additional time to review the changes made during the first 30-day comment period.After consultation with HUD,staff decided to open a new comment period and request additional consultation from the FMCoC.The draft was provided to the Chair of the FMCoC for review prior to opening a new comment period;no changes were recommended at that time.On September 26,2014 a second notice was published initiating a second,30-day public comment period.City Staff attended the October 9,2014 regular meeting of the FMCoC to solicit additional feedback regarding the proposed activities and budget.A number of comments were received at that time.The first comment was to clarify the FMCoC’s position on a “come as you are” shelter which was the result of a different community conversation and while it held merit,it was not the recommendation of the FMCoC.The second comment was to ensure the City would continue to consult with the FMCoC not only on the Action Plan but on accomplishments and monitoring of subrecipient activities.Finally,the FMCoC requested the City and County amend the joint policies City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-381 Agenda Date:10/30/2014 Agenda #:2A subrecipient activities.Finally,the FMCoC requested the City and County amend the joint policies and procedures to require participation in the CAHM system for subrecipients of the ESG program. City Staff and the FMCoC executive committee strongly recommended that all members review and make comment on the second draft. These recommendations were incorporated into the draft presented to the HCDC on October 22, 2014.There was no quorum at the HCDC meeting.However,two members of the public were present and made comment.The concerns centered around timeliness of allocation of funds and accountability by the agencies receiving funding,the HCDC as a board,and the City as a whole.City Staff concurs with the public testimony that the City must be proactive to ensure that the funds are allocated in a timely manner,that the agencies which are receiving the funds are accountable to both the City and HUD,and that the HCDC has an active role in both funding allocation and ensuring commitments are met.The public comment period ended on October 25,2014;there were no written public comments. The attached Resolution and Amended Action Plan reflect the recommendations and comments by the FMCoC,the public,and the HCDC received during all comment periods,public hearings,and consultation meetings Staff recommends approval. 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 because the amendment does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no increase or decrease to the approved budget for the Emergency Solutions Grant (ESG). Attachment A: Draft Amendment Attachment B: Resolution 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#14-518 Agenda Date:10/30/2014 Agenda #:2B REPORT TO THE CITY COUNCIL October 30, 2014 FROM:RENENA SMITH, Assistant City Manager Mayor/City Manager Department SUBJECT Approve the selection of, and award a contract to, SP Plus Corporation to provide Parking Facilities Management Services in Fresno RECOMMENDATION Staff recommends that the Council approve the selection of,and award a contract to,SP Plus Corporation to provide professional Parking Facilities Management Services at City-owned Downtown parking lots and garages,and at various park sites,in the amount of $6,066,056 for the first five-year term.In addition to the initial five-year term,the proposed contract includes five (5)one -year optional extensions.Staff also recommends that the City Manager,in conjunction with the City Attorney,or his representative,be authorized to sign the original five-year contract and the one-year extensions on behalf of the City of Fresno. EXECUTIVE SUMMARY Since 2005 Downtown Parking Facilities Management Services have been provided to the City by Ace Parking.The term of the service agreement with Ace Parking has ended,and a Request for Proposals (RFP)for these services for the next five (5)years was released to the public on February 10,2014.The City received seven (7)proposals of which four (4)were deemed responsive to the RFP. The Proposals were reviewed by the Parking Management Services RFP Selection Review Committee (Committee)which conducted four rounds of meetings,including two interviews with the finalist.The selection of SP Plus Corporation was based on their experience,comprehensive plan for customer service,facility maintenance,technology,and cost.The Committee was impressed by SP Plus Corporation’s presentation,professionalism,and commitment to Fresno’s revitalization efforts Downtown.The Committee believes SP Plus Corporation will be a valuable partner and will provide excellent service,superior recordkeeping,and reporting while efficiently managing the parking program in Downtown Fresno. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-518 Agenda Date:10/30/2014 Agenda #:2B The Parking Division’s payment to Ace Parking ranges from $1.7 million to $2.4 million dollars annually,which includes management fees and applicable pass-through expenses.The proposed management agreement with SP Plus Corporation reduces the Parking Division’s annual commitment to $1.2 million resulting in a potential savings of $500,000 to $1 million each year to be invested into improving the technology and parking sites. BACKGROUND The long-term contract and multiple extensions with Ace Parking to provide Downtown parking facilities management services expired.An RFP for these services was released to the public on February 10,2014.Eight (8)Building Exchanges received the RFP by facsimile,and as a result thirty-seven (37)prospective proposers received the RFP.The Scope of Work was written to include upgrades and changes to maintenance and customer service levels,strategies to increase revenues potential,improving aesthetics and safety,and technology opportunities to support Downtown revitalization.Additionally,the Scope of Work also included the cost for services at various park sites. A Selection Review Committee was convened to review the proposals.The Committee included staff from the City of Fresno Purchasing Division,the City Manager’s Office,Internal Audit,FYI, Development and Resource Management,as well as the interim President and a board member from the Downtown Fresno Partnership.Parking Services staff provided technical background to the Committee but did not participate in the scoring of the proposals. The Committee met on four occasions to review proposals,methodically score and select the final proposer.The RFP sought a vendor who possessed extensive experience in special events due to the number of venues located in the Downtown area,a marketing strategy,a forward thinking approach to improving the facilities,and innovative techniques for supporting Downtown revitalization and increasing revenues.The RFP also specifically requested a comprehensive program to include robust accounting procedures, recordkeeping, and reporting. The Committee focused on the specificity in each of the proposals relating to strategy,technology, customer service,facility maintenance,and management experience.These attributes were then compared to the relative cost of each proposal.At the conclusion of the second round the Committee selected two finalists.For the third round Republic Parking and SP Plus Corporation were invited to make a presentation and be interviewed by the Committee.Both companies gave excellent presentations.Final due diligence determined that three submittals were non-responsive to the bid requirements.Republic Parking and LAZ failed to address the requirements of Addendum 5 related to providing staff costs at various park sites.Pro Park failed to include a spec cost sheet.As a result,they were disqualified from further consideration.SP Plus Corporation was selected as the most responsive bidder.However,the Committee requested an additional interview,with the SP Plus Corporation team,to ensure that they understood the complexities of:(1)managing an event driven Downtown parking program;and (2)managing during a major construction project.After an hour of intense discussion the Committee unanimously agreed that SP Plus Corporation will provide excellent Parking Facilities Management Services. For reference, the five-year cost for the seven Proposers were as follows: Bidder Proposal Responsive to RFP Requirements SP Plus Corp $6,066,056 Yes Republic Parking $6,595,263 No Parking Concepts, Inc.$4,645,009 Yes LAZ Parking $3,884,614 No Ace Parking $8,322,380 Yes ABM Parking $9,238,970 Yes Pro Park Not Included No City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-518 Agenda Date:10/30/2014 Agenda #:2B Bidder Proposal Responsive to RFP Requirements SP Plus Corp $6,066,056 Yes Republic Parking $6,595,263 No Parking Concepts, Inc.$4,645,009 Yes LAZ Parking $3,884,614 No Ace Parking $8,322,380 Yes ABM Parking $9,238,970 Yes Pro Park Not Included No After exhausting due diligence consideration for all the proposals received,the Committee and staff recommend awarding the contract to SP Plus Corporation to provide Parking Facilities Management Services for the next contract term. ENVIRONMENTAL FINDINGS Pursuant to the provisions of California Environmental Quality Act (CEQA)Guidelines Section 15378, this agreement is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference did not affect the award of this requirements contract since none of the proposers qualify for the local business preference according to the Fresno Municipal Code Section 4-108(a). FISCAL IMPACT The fees include two components:1)Management Fee of $750,000 for the five year period;and 2) Pass-through expenses of $5,316,056 related to garage operations for five years.Total cost is $6,066,056. The Parking Division’s payment to the current management provider Ace Parking ranges from $1.7 million to $2.4 million dollars annually,which includes management fees and applicable pass-through expenses.The proposed management agreement with SP Plus Corporation reduces the Parking Division’s annual commitment to $1.2 million,a potential savings of $500,000 to $1 million each year to invest in technology and capital improvements. Attachment:9261 RFP Parking Operations City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ R i C EIVED ¡ù1ï .lti 28 PR 1 38 Agenda ltem: lD#14-518 (2-B) Date: LOl3OlL4 üTy clrRn, FRISF¡FRESNO ClTy COU NCI L City ofEEDIêrrS\I/ZffllE-=iEz¿¡N- Supplemental lnformation Packet Agenda Related ltems - lD#14-518 (2-B) Supplemental Packet Date: October 28,2OL4 Item(sl Approve the selectîon of, and award a contract úo, SP Plus Corporation to provide Parking Faeílities Managemenú Services in Fresno 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 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 aL621,-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf vou need assistance with because of a disability, please see Robert M Dowd" RobertW. Gin' Randy L. Edwards Jim D. Lee Jeffrey L. Levinson* Raymond L. Carlson Ty N. Mizote. Michael R. Johnson" Mario U. Zamora Janae D. Lopes Melissa E. Webb *a Professional Corporation RISWOLD LASALLE ñm < .^ **.e1[; (ì()u-r)()n,n ñ r;r¡r rñ ¿Ûltl .-îtT 2B Pn 1 13 (1s47-1se3) ATTORNEYS Acaliforn¡eL¡mitedLiabil¡tyPartnersh¡p¡ncludinsProfessionat cøoor${rif'f CLERK. FRES}¡0 CA 1 1 1 E. SEVENTH STREET HANFORD, CA 93230 Telephone: (559) 584{65ô www. griswoldlaselle.com dowd@ griswoldlasalle. com Direct Fax: 800-947 -0468 October 28,2014 VIA HAND DELIVERY Blong Xiong, Councilmember, District 1 Steve Brandau, Councilmember, District 2 Oliver L. Baines, III, Councilmember, District 3 Paul Caprioglio, Councilmember, District 4 Sal Quintero, Councilmember, District 5 Lee Brand, Councilmember, District 6 Clinton J. Olivier, Councilmember, District 7 c/o Yvonne Spence, City Clerk CITY OF FRESNO 2600 Fresno Street, Room 2133 Fresno, CA 93721 Re: Council Agenda October 30,2014 Agenda Item ID# l4-518 Dear Honorable Councilmembers : we come before you on behalf of Ace parking Management, Inc. (Ace). We request that the City Council not award the Parking Facilities Management Contract to SP Plus Corporation (SP) as recommended by staff. SP's proposal is non-responsive in that it fails to address numerous requirements of RFp 9261. The enclosure accompanying this letter details the items that SP failed io address. Lyman D. Griswold RtcilvtD (1e14-2000) Michael E. LaSalle Honorable City Council October 28,2014 Page2 The omissions result in SP under-budgeting Year 1 of the contract by approximately $429,500 and the five-year contract term by approximately $2,245,000. SP would incur significant financial losses if it provides all of the required services at the amounts identified in its proposal. It is doubtful that SP could complete the five-year contract while incurring $2,245,000 in losses. If the contract is awarded to SP, the City faces the possibility of having to reduce or eliminate some of the required services to make completion of the contract feasible for SP, increasing SP's compensation to a level greatly exceeding SP's bid, or saddling SP with significant financial burden that prevents SP from completing the contract, all of which are unappealing and inconsistent with the RFP. The staff report indicates that the proposals of Republic Parking, the company that was previously identifred as the favored candidate, andLAZ Parking "failed to address [RFP] Addendum 5 related to providing staffing costs at various park sites." As outlined in the enclosure, SP's proposal also fails to satisfy the requirements of Addendum 5. The staff report further indicates that award of the Parking Facilities Management Services contract to SP may result in a cost-savings to the City of $500,000 to $1,000,000. Such statement does not tell the whole story. The staff report fails to note that the City requested various additional services from Ace, some of which are identified in the enclosure. If SP were to include all required RFP services in its budget and if the City requests the same additional services from SP, the $500,000 to $1,000,000 in cost-savings referenced in the staff report will not be realized. Ace also takes exception to the staff report's statement that none of the proposers qualify for the City's local business preference. Ace has maintained a branch office in downtown Fresno for its over 60 employees for over ten years. This issue further illustrates that the staff report omits critical information that results in a flawed conclusion. We encourage the Council to reject SP's non-responsive proposal and extend Ace's contract because Ace is best qualified, has provided excellent progressive service over its tenure and will provide the best service for the best price in the future. Sincerely, GRISWO ALLE, COBB, & GIN, LLP By: BERT M. DOWD RMD/sr Enclosure cc: (with enclosure) Ashley Swearengin, Mayor Bruce Rudd, City Manager Douglas Sloan, City Attomey Gary Watahira, Purchasing Manager SP Plus Corporatíon's (SP) response to RFP 9261 is non-responsivefor thefollowing reasons: l. SP failed to satisfy the booth staffïng requirements outlined in RFP Addendum No. 5 - fulltime staffïng of two parking booths at Woodward and Roeding Parks. o Addendum 5 clearly states that the minimum cashier staffing level is 2 booths during all operating hours for V/oodward Park and 2 booths during all operating hours for Roeding Park. o Addendum 5 identifies the parks' operating hours as: Summer - 6AM-1OPM; Winter - 6AM-7PM. o SP's proposal indicates that one parking booth in Woodward Park and one booth in Roeding Park will be operational between 7AM and 4PM and one booth at eachpark will be operational between IPM and 10PM. o SP underbid the required staffing hours by 154 hours per week (winter) and224 hours per week (summer), respectively. o Failure to satisfy the stafflrng requirements of Addendum 5 results in SP under-budgeting by approximately $145,000 in Year I and more than $770,000 over the 5-year contract term. SP failed to satisfy the booth staffïng requirements outlined in RFP Addendum No. 5 - event staffing hours for Woodward Park booth #3. o This omission results in under-budgeting by $47,000 in Year 1, for a total of approximately $250,000 over the 5-year contract term. SP's proposal failed to include one fulltime parks supervisor as required by Addendum 5. o SP did not budget for the mandatory parks supervisor position, which results in a 40 hour per week omission. o Year 1 costs : $70,000, for a total of more than $370,000 over the S-year contract term. SP's proposal failed to include elevator repair and maintenance as required by the RFP's Scope of Work o SP failed to budget for this cost in its proposal. o Year 1 cost: $71,500, for a total of more than $365,000 over the 5-year contract term. SP's proposal failed to include the removal of papers, debris, fïlth and refuse from the parking facilities and power-washing of surfaces on a monthly basis, which are requirements identified in the RFP. SP's omission results in SP failing to include required services in its proposed budget. Year 1 cost : $71,000, for a total of more than $360,000 over the S-year contract term. ., 3. 4. 5. 6. SP's proposal failed to include tickets, hanging permits, decals, and access cards per Section 4.02 of the Operating Contract that was part of the RFP. o SP's omission results in SP failing to include required materials and services in its proposed budget. o Year 1 costs : $25,000, for a total of more than $130,000 over the 5-year term SP's First Year Total Budget Omissions = $ 429,500 SP's Five Year Total Budget Omissions = $2,245,000 Compøring SP's proposed budgetJigures ønd thefees thøt lhe City has pøid to Ace Parking Manøgement, Inc. (Ace), does not paint øn accurate picture us the City asked Ace to perform duties and expend monies outside the scope of the RFP, Thefollowíng ís a list of the main ítems requested by the City: o Higher levels of cleanins and maintenance. In order to satisfy the City's requests for higher levels of cleaning and maintenance, Ace maintains 6 fulltime maintenance personnel. SP only budgeted for two fulltime maintenance persons. Ace's costs are currently 3 times higher than the amount budgeted by SP. SP's costs would increase by approximately $112,000 annually and nearly $600,000 over ltve years in order to maintain the City-requested level of cleaning and maintenance currently provided by Ace. o Parkins Ambassadors/CSRs. The City requested that Ace staff additional ambassadors/CSRs throughout the operation. This added $185,000 to Ace's annual operating costs and nearly $950,000 over five years. o Landscaping services. Landscaping services are run through Ace's current budget, resulting in $85,000 in additional annual costs and nearly $425,000 over five years. o Painting and facilitv maintenance. Such costs are run through Ace's current budget, resulting in $27,000 in additional annual costs and over $135,000 over five years. o Sign replacement. Sign replacement is run through Ace's current budget, resulting in $6,000 in additional annual costs and over $30,000 over fìve years. o Equipment rental. Rental costs for items such as, without limitation, electronic ticket issuing devices and portable toilets, are run through Ace's current budget resulting in $45,000 in additional annual costs and over $225,000 over five years. o Vehicle expenses and lighting repairs. Such costs are run through Ace's current budget resulting in $25,000 in additional annual costs and over $125,000 over five years. Annual Value of the Extra Work Requested by the City = $ 485,000 Five-Year Value of the Extra Work Requested by the Cify : $2,490,000 Between SP's numerous RFP omissíons and the extra work requested of Ace by the City, SP's proposal would need to be increased by at leøst 8914,500 for Year I ìn order to huve øn accurate comparíson with Ace's current operøtions and hudget, 2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-535 Agenda Date:11/6/2014 Agenda #: CLOSED SESSION ITEM October 30, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Case Name:City of El Centro, et al. v. David Lanier, in his official capacity as the Secretary of the State of California Labor & Workforce Development Agency, et al.San Diego County Superior Court Case No. 37-2014-00003824- CU-WM-CTL Court of Appeal 4th District (Division 1) Case No. D066755 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#14-457 Agenda Date:10/30/2014 Agenda #: REPORT TO THE CITY COUNCIL October 30, 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 Hold a public hearing and approve items related to the granting of a Non-Exclusive Franchise for Roll -Off Collection Services 1.HEARING in accordance with Fresno City Charter Section 1301 related to ordinance and adoption of ordinance 2.***BILL NO. B-45 (Intro. 10/23/2014) (For adoption) of the City of Fresno, which grants to Katch Environmental Inc., and Mini dumpsters of Fresno a non-exclusive franchise for roll-off collection services within the City of Fresno 3.Authorize the Director of Public Utilities or his designee, to execute an agreement of non- exclusive franchise for roll-off collection services with the City of Fresno RECOMMENDATION It is recommended that City Council hold the hearing,approve the ordinance and authorize the Director of Public Utilities, or his designee to execute the agreements for non-exclusive franchise for roll-off collection services within the City of Fresno. 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 approved 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, City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-457 Agenda Date:10/30/2014 Agenda #: 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, 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 hold a public hearing for this issue and 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. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-457 Agenda Date:10/30/2014 Agenda #: LOCAL PREFERENCE Local preference was not implemented because a franchise ordinance and the award of a non-exclusive roll-off franchise is not an award of a services or construction contract. FISCAL IMPACT 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#14-491 Agenda Date:10/30/2014 Agenda #: REPORT TO THE CITY COUNCIL October 30, 2014 FROM:JENNIFER K. CLARK, ACIP, Director Development and Resource Management THROUGH:MIKE SANCHEZ, Assistant Director Development Services Division BY: BRUCE BARNES, Project Manager Development Services Division SUBJECT 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) (Continued from October 9, 2014 Council meeting) 1.Consider the Finding of Conformity for Environmental Assessment No. R-13- 014/TPM 2013-03 2. BILL- (For introduction and adoption) - Amending the Official Zone Map to reclassify the subject property from the R-A (Single Family Residential Agricultural) zone district to the R-1 (Single Family Residential) zone district RECOMMENDATIONS Staff recommends that the City Council take the following actions: 1.ADOPT the Finding of Conformity prepared for Environmental Assessment No.R-13-014/TPM 2013-03; 2.ADOPT BILL approving Rezone Application No.R-13-014 to amend the Official Zone Map to reclassify the subject property from the R-A (Single Family Residential Agricultural)zone district to the R-1 (Single Family Residential)zone district.If approved,Rezone Application will facilitate approval of a proposed residential subdivision of an approximately 0.41 acre portion of the 0.61 acre subject property into three parcels in accordance with Tentative Parcel Map No. 2013-03. EXECUTIVE SUMMARY This matter was first considered by the City Council on June 26,2014,and pertains to a 0.61 acre lot City of Fresno Printed on 12/16/2022Page 1 of 4 powered by Legistar™ File #:ID#14-491 Agenda Date:10/30/2014 Agenda #: This matter was first considered by the City Council on June 26,2014,and pertains to a 0.61 acre lot (26,520 square feet).Rezone Application No.R-13-14 proposes to rezone said property from the R- A district (Residential-Agricultural zone district,minimum lot size of 36,000 square feet)to R-1 (Single-Family Residential zone district,minimum lot size of 5,000 square feet).Upon discussion of the matter the council decided to refer the matter back to staff. Approval of the rezone will allow the owner to complete the processing of a Tentative Parcel Map creating a 3-lot subdivision and a remainder lot with an existing house which equates to density of 6.5 units per acre.During the meeting of June 26,2014,Council discussed options but took no action.The proposed R-1 zoning is consistent with the current 2025 General Plan land use designation of medium density residential,and the proposed Tentative Parcel Map would be deemed consistent under this scenario.The only Tentative Parcel Map staff could approve would be for a 3-lot subdivision with a remainder lot with an existing house.Allowing a 1-lot or a 2-lot subdivision would make the project inconsistent with the required minimum density of 4.99 units per acre which the City’s ordinance does not allow. BACKGROUND (See original staff report date June 26, 2014 for more project information-Exhibit 4) The 2025 General Plan designates property as medium density residential planned land use designation which has a density range of 4.99-10.37 units/acre.The proposed R-1 zone district is consistent with this designation.Comparatively,a 2-lot subdivision would only create 4.92 units per acre which is prohibited under section 12-607 of the Fresno Municipal Code.Therefore,a project proposing fewer than 4 total lots would necessitate a general plan amendment to facilitate this option. Land Use Plans and Policies Objective C-15 of the 2025 Fresno General Plan states as follows:“Provide infill opportunities that will revitalize the built-up urban core communities and neighborhoods of Fresno,provide residential development for diverse population,and improve the overall quality of the urban environment.”The proposed project fulfills this objective.Currently there is a single family home on a 0.60 acre parcel. By rezoning the property consistent with the General Plan’s land use designation of Medium Density Residential to R-1 (Single Family Residential zone district),the applicant will be able to create three additional home sites.Therefore,it is staff’s opinion that the proposed project is consistent with the general plan objectives and policies. Economic Feasibility The developer prepared a cost estimate based on the City’s requirements for the Tentative Parcel Map which included both the construction costs and the fees charged by the City and other agencies (see Attachment 1).The cost of construction remains the same whether a 1-lot subdivision,2-lot subdivision or 3-lot subdivision is built.The developer’s representative estimated the cost to create a 1-lot subdivision would be $189,033.Clearly,the estimated cost can easily be distributed with more lots being created.Therefore,from the applicant’s perspective it would be much more economically City of Fresno Printed on 12/16/2022Page 2 of 4 powered by Legistar™ File #:ID#14-491 Agenda Date:10/30/2014 Agenda #: lots being created.Therefore,from the applicant’s perspective it would be much more economically feasible to create a 3-lot subdivision than it would be to create a 1-lot or 2-lot subdivision. Planning Commission The Fresno City Planning Commission considered Rezone Application No R-13-014 and the related environmental documents at its regular meeting held on May 21,2014.The Planning Commission reviewed the staff report in accordance with the policies of the 2025 General Plan and the Roosevelt Community Plan and called for speakers in support and in opposition to the proposed project.There were several speakers in opposition to the rezone who based concerns about the number of lots being created and the size of the lots.The applicant’s engineer spoke in favor of the project and stated that three lots were needed in order to spread the cost of the improvements (curbs,gutters, sidewalks,street lights,etc.)and the required fees (school fees,flood control fees,etc.)over three lots rather than one or two lots.While sympathetic to the concerns of those in opposition,the Planning Commission noted the project is an infill project and it is consistent with the 2025 General Plan.The Planning Commission then voted unanimously to recommend approval of the Rezone to the City Council. ENVIROMENTAL FINDING The Development and Resource Management Department staff have prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan,the related Master Environmental Impact Report (MEIR)No.10130 (SCH #2001071097),and Mitigated Negative Declaration (MND)No.A-09-02 (SCH #2009051016).The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium Density Residential planned land use designated for the subject site.Thus,the proposed project will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation.Moreover,it is not expected that the future development will adversely impact existing City service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments.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 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 Section 15177(b)(3). Therefore,the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No.10130 dated January 13,2012.In addition,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 City of Fresno Printed on 12/16/2022Page 3 of 4 powered by Legistar™ File #:ID#14-491 Agenda Date:10/30/2014 Agenda #: 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. A public notice of the attached Finding of Conformity for Environmental Assessment Application No. R-13-014/TPM 2013-03 was published on April 4,2014,with no comments or appeals received to date. LOCAL PREFERNCE This project is not subject to a bidding process. FISCAL IMPACT Affirmative action by the City 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 1)Per-Lot Cost Comparisons 2)Letters in Opposition to Project 3)Ordinance Bill 4)Staff Report 6-26-14 City of Fresno Printed on 12/16/2022Page 4 of 4 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-497 Agenda Date:10/30/2014 Agenda #: REPORT TO THE CITY COUNCIL October 30, 2014 FROM:Jennifer K. Clark, AICP, Director Development and Resource Management Department BY:Mike Sanchez, Assistant Director Development and Resource Management Department SUBJECT HEARING to consider Street Name Change No. SNC-14-001 and related Environmental Assessment No. SNC-14-001, requested to rename the portion of E. Home Avenue between N. Maple Avenue and N. Backer Avenue; the portion of E. Pine Avenue between N. Maple Avenue and N. Backer Avenue; the portion of N.Backer Avenue between E.Home Avenue and E. Pine Avenue, to N. Irritec Way (Council District 7) 1. ADOPT the environmental finding of No Possibility of Significant Adverse Effect through Environmental Assessment No. SNC-14-001 dated July 24, 2014 2. RESOLUTION - Street Name Change Application No. SNC-14-001 to rename the portion of E. Home Avenue between N. Maple Avenue and N. Backer Avenue; the portion of E. Pine Avenue between N. Maple Avenue and N. Backer Avenue; the portion of N. Backer Avenue between E. Home Avenue and E. Pine Avenue, to N.Irritec Way RECOMMENDATIONS Staff Recommends that the City Council take the following actions: 1.ADOPT the environmental finding of No Possibility of Significant Adverse Effect through Environmental Assessment No. SNC-14-001 dated July 24, 2014. 2.ADOPT RESOLUTION of Street Name Change Application No.SNC-14-001 to rename the portion of East Home Avenue between North Maple Avenue and North Backer Avenue;the portion of East Pine Avenue between North Maple Avenue and North Backer Avenue;the portion of North Backer Avenue between East Home Avenue and East Pine Avenue,to North Irritec Way, as depicted on attached Exhibit 1 and Exhibit 2. EXECUTIVE SUMMARY City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-497 Agenda Date:10/30/2014 Agenda #: Daniel Eisenberg, president of Irritec USA, Inc., has filed Street Name Change No. SNC-14-001 which is a request to rename the portion of East Home Avenue between North Maple Avenue and North Backer Avenue to North Irritec Way; the portion of East Pine Avenue between North Maple Avenue and North Backer Avenue to North Irritec Way; the portion of North Backer Avenue between East Home Avenue and East Pine Avenue, to North Irritec Way. The applicant has proposed the application as allowed pursuant to Section 12-1104 of the Fresno Municipal Code (FMC), which allows the naming of streets for the purpose of honoring or calling attention to persons or places having special prominence and significance to the culture or the history of the city. BACKGROUND Joe Guagliardo, representing Daniel Eisenberg and Irritec USA, Inc., has filed the subject application which is a request to rename the portion of East Home Avenue between North Maple Avenue and North Backer Avenue to North Irritec Way; the portion of East Pine Avenue between North Maple Avenue and North Backer Avenue to North Irritec Way; the portion of North Backer Avenue between East Home Avenue and East Pine Avenue, to North Irritec Way. The applicant has proposed the project as allowed pursuant to Section 12-1104 of the FMC, which allows the naming of streets for the purpose of honoring or calling attention to persons or places having special prominence and significance to the culture or the history of the City. Irritec USA, Inc., currently operates its manufacturing and warehousing facility on approximately 18 acres of property generally located on the east side of North Maple Avenue between East McKinley Avenue and the East Floradora alignment. Irritec is one of the top five irrigation manufacturers in the world serving more than 90 countries worldwide with manufacturing facilities in Italy, Spain, Mexico, Brazil and the United States. Irritec creates high quality irrigation products utilizing proprietary technologies in molding and extrusion together with an internal R&D department that designs and develops new products to meet the needs of the irrigation industry. Following the successful introduction of its products into North America, Irritec decided to directly serve the US and Canadian markets with their state-of-the-art products and solutions for drip irrigation. Therefore, in August of 2009 Irritec established its initial office in Fresno. Based on the success of that office, Irritec made the decision to establish the North American headquarters for Irritec in Fresno, CA. To that end, Irritec purchased a 20 acre of property in central Fresno that had been sitting vacant for many years. With the purchase of the property, Irritec made a commitment to develop a state-of-the-art manufacturing facility and to improve the area. At this point in time,Irritec is manufacturing a wide variety of products on site that are sold throughout the world.Buildings that were once eyesores have been demolished and a modern industrial park is planned for the western portion of the property.This industrial park will provide opportunities for new businesses to locate in Central Fresno and also create new job opportunities in an area that has been bypassed and underserved for many years. Irritec USA,Inc.has also been actively involved in community affairs and has contributed to several organizations.These include Mountain Empire Men's Club (located In Pine Valley),Gymnastics Beat,Arte Americas,California Odyssey Soccer Club,Aphesis Apostolic Ministry,and Buchanan High School Cross Country (located in the city of Clovis).In addition,Irritec USA,is close to finalizing documentation that will allow sponsorship of the Martin Ray Reilly Neighborhood ParkCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-497 Agenda Date:10/30/2014 Agenda #: finalizing documentation that will allow sponsorship of the Martin Ray Reilly Neighborhood Park located on the east side of Chestnut Avenue,just south of State Route 180.Irritec USA,Inc.is also in discussion with Fresno Metropolitan Ministries regarding sponsorship to their Community Gardens program. Planning Commission On October 15,2014,the Fresno City Planning Commission considered the street name change, SNC-14-001.Upon a full and complete hearing,the Planning Commission unanimously recommended approval. ENVIRONMENTAL FINDINGS An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of the project proposal for comment from other responsible or affected agencies and interested organizations. Environmental Assessment No. SNC-14-001, resulting in a finding of No Possibility of Significant Adverse Effect, was prepared on July 24, 2014. That assessment found that the street name change request was subject to the provisions of Section 15061 of the CEQA guidelines. Section 15061 of the CEQA guideline provides for the exemption of any project which will clearly have no significant effects on the environment. Given that the proposed street name change will not result in a physical change in the environment, staff determined that the changes will clearly have no significant effects on the environment. LOCAL PREFERENCE Local preference was not considered because this street name change does not include a bid or award of a construction or services contract. FISCAL IMPACT Affirmative action by the Council will result in a timely deliverance of the review and processing of the application as is reasonably expected by the applicant and or customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant and/or customer has paid to the City a fee for the processing of this application and that the fee is,in turn,funding the respective operations of the Development and Resource Management Department. Attachments: Exhibit 1, Map depicting Street Name Change proposal Exhibit 2, Aerial Map depicting Street Name Change proposal Exhibit 3, Aerial Map depicting Identical Intersections Exhibit 4, Map Showing Property Owners Receiving Notification of Hearing Environmental Assessment No. SNC-14-001, dated July 24, 2014 City Council Resolution City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ E CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVE E WEATHERMAKER AVEE WEATHERMAKER AVEE WEATHERMAKER AVEE WEATHERMAKER AVEE WEATHERMAKER AVE N WOODROW AVEN WOODROW AVEN WOODROW AVEN WOODROW AVEN WOODROW AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN RECREATION AVEN RECREATION AVEN RECREATION AVEN RECREATION AVEN RECREATION AVEE HEDGES AVEE HEDGES AVEE HEDGES AVEE HEDGES AVEE HEDGES AVE E LA E LA E LA E LA E LA E FLORADORA AE FLORADORA AE FLORADORA AE FLORADORA AE FLORADORA A N DEARING AVE N WHITNEY AVEN WHITNEY AVEN WHITNEY AVEN WHITNEY AVEN WHITNEY AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVE E HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVEE CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE AVE AVE AVE AVE AVE AVE VE VE VE VE E E E E E E FLORADORA AVEE FLORADORA AVEE FLORADORA AVEE FLORADORA AVEE FLORADORA AVE E PINE AVEE PINE AVEE PINE AVEE PINE AVEE PINE AVE E HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVE E OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE E MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE E MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVE C V E E HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVE E PINE AVEE PINE AVEE PINE AVEE PINE AVEE PINE AVE N BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVE EXHIBIT “1” VICINITY MAP EXTENT OF PROPOSED STREET RENAME TO NORTH IRRITEC WAY SHOWN DASHED ( ) EXHIBIT “2” AERIAL MAP EXTENT OF PROPOSED STREET RENAME TO NORTH IRRITEC WAY SHOWN DASHED ( ) EXHIBIT “3” IDENTICAL INTERSECTIONS Intersections EXHIBIT “4” MAILER MAP CITY OF FRESNO NO POSSIBILITY OF SIGNIFICANT ADVERSE EFFECT ENVIRONMENTAL ASSESSMENT NO. SNC-2014-001 APPLICANT: Daniel Eisenberg 1420 North Backer Avenue Fresno, CA 93703 PROJECT LOCATION: The portion of East Home Avenue between North Maple Avenue and North Backer Avenue; the portion of East Pine Avenue between North Maple Avenue and North Backer Avenue; The portion of North Backer Avenue between East Home Avenue and East Pine Avenue. (APN: 453-160-02) PROJECT DESCRIPTION: The applicant proposes to rename the portion of East Home Avenue between North Maple Avenue and North Backer Avenue; the portion of East Pine Avenue between North Maple Avenue and North Backer Avenue; The portion of North Backer Avenue between East Home Avenue and East Pine Avenue, to North Irritec way. This project is exempt under Section 15061 (B) (3) of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. EXPLANATION: The State Guidelines for the implementation of the California Environmental Quality Act provide for the exemption of projects which will clearly have no significant effect on the environment. More specifically, Section 15061 (B) (3) of the CEQA Guidelines states: “…CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Given that the proposed street name change will not cause a physical change to the environment, it has been determined that the above- referenced project falls within the purview of Section 15061 (b) (3) and is, therefore, exempt from CEQA. Date: July 24, 2014 Prepared By: Christopher Preciado, Planner Submitted By ____________________ Mike Sanchez Assistant Director City of Fresno Planning and Development Department (559) 621-8277 E CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVE E WEATHERMAKER AVEE WEATHERMAKER AVEE WEATHERMAKER AVEE WEATHERMAKER AVEE WEATHERMAKER AVE N WOODROW AVEN WOODROW AVEN WOODROW AVEN WOODROW AVEN WOODROW AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN RECREATION AVEN RECREATION AVEN RECREATION AVEN RECREATION AVEN RECREATION AVEE HEDGES AVEE HEDGES AVEE HEDGES AVEE HEDGES AVEE HEDGES AVE E LA E LA E LA E LA E LA E FLORADORA AE FLORADORA AE FLORADORA AE FLORADORA AE FLORADORA A N DEARING AVE N WHITNEY AVEN WHITNEY AVEN WHITNEY AVEN WHITNEY AVEN WHITNEY AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEN SIERRA VISTA AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVE E HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVEE CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVEE CARMEN AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE AVE AVE AVE AVE AVE AVE VE VE VE VE E E E E E E FLORADORA AVEE FLORADORA AVEE FLORADORA AVEE FLORADORA AVEE FLORADORA AVE E PINE AVEE PINE AVEE PINE AVEE PINE AVEE PINE AVE E HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVE E OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE E MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVE N MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN MAPLE AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVEE OLIVE AVE E MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVEE MCKINLEY AVE C V E E HOME AVEE HOME AVEE HOME AVEE HOME AVEE HOME AVE E PINE AVEE PINE AVEE PINE AVEE PINE AVEE PINE AVE N BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVEN BACKER AVE EXHIBIT “1” VICINITY MAP EXTENT OF PROPOSED STREET RENAME TO NORTH IRRITEC WAY SHOWN DASHED ( ) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-524 Agenda Date:10/30/2014 Agenda #: REPORT TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, THE HOUSING SUCCESSOR AGENCY AND THE FRESNO REVITALIZATION CORPORATION DATE:October 30, 2014 FROM:MARLENE MURPHEY, Executive Director SUBJECT: Approve Selection for the South Stadium RFQ/P RECOMMENDATION The Review Committee is recommending that the City Council and Successor Agency select The Noyan Company/TFS Investments LLC for the purpose of proceeding with due diligence for a period of 120 days. EXECUTIVE SUMMARY On April 3, 2014 a Request for Qualifications/Proposals (RFQ/P) to Purchase and Develop in Downtown Fresno was issued with a response deadline of July 2, 2014. The project area of approximately 5.32 acres, referred to as the South Stadium Area, is generally located on the south end of Fulton between Kern and Inyo Streets and is shown and described in the attachment. The RFQ/P sought qualified parties to develop the area into a multi-story mixed use development that includes affordable and market rate housing along with other uses that could include retail, office, entertainment and parking. BACKGROUND On April 3, 2014 a Request for Qualifications/Proposals (RFQ/P) to Purchase and Develop in Downtown Fresno was issued with a response deadline of July 2, 2014. The project area of approximately 5.32 acres is generally located on the south end of Fulton between Kern and Inyo Streets in the Central Business District and is shown and described in the attachment. The Project Area consists of eleven parcels of which four (4) are owned by the Successor and Housing Successor Agency identified as A1, A2, A3 and A4 and proposed for sale. Five (5) parcels are owned by the City of Fresno, identified as C1, C2 and C3, and two (2) parcels are privately held. The RFQ/P sought qualified parties to develop the area into a multi-story mixed use development that includes City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-524 Agenda Date:10/30/2014 Agenda #: affordable and market rate housing along with other uses that could include retail, office, entertainment and parking. A primary objective of the RFQ/P is the development of quality mixed uses that will leverage and maximize the value of the site and enhance both the Stadium destination area, the Fulton Corridor and the greater downtown area. Three proposals were received from the following: GrapeVine Advisors, LLC from Southern California; The Noyan Company together with TFS Investments LLC; and, Granville Homes Inc. A Selection Committee comprised of three Councilmembers, the Mayor and staff reviewed and evaluated the proposals through an in-depth two stage process. At the conclusion, the Review Committee selected The Noyan Company/TFS Investments LLC. The Noyan/TFS proposal envisions a phased development that features housing, retail, office and entertainment in a diverse mix. The preliminary concept initiates phase 1 with residential over retail and parking in a multi-story building at the northwest corner of Inyo and Fulton. The Review Committee is recommending that the City Council and Successor Agency formally decline further consideration of the two remaining respondents and select The Noyan Company/TFS Investments LLC for the purpose of due diligence for a 120 day period. The due diligence phase is intended to further examine the details of the proposed development and necessary financing. If the due diligence phase results in a recommendation to proceed to a development agreement, such agreement will be brought to the Council and Successor Agency for consideration and approval. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT There is no fiscal impact from the recommended action to select a developer for the purpose of due diligence. Attachment:Project Area Map 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#14-533 Agenda Date:10/30/2014 Agenda #: REPORT TO THE JOINT MEETING OF THE CITY OF FRESNO, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION DATE:October 30, 2014 FROM:OLIVER L. BAINES III, Acting President Council District 3 BY:GREGORY A. BARFIELD, Chief of Staff Office of Councilmember Oliver Baines SUBJECT BILL - (For Introduction) - Amending Section 4-605 of the Fresno Municipal Code Relating to Regulation of Communications During Competitive Procurement Process RECOMMENDATION It is recommended the Council adopt an Ordinance Amending Subsection (b)of Section 4-605 of the Fresno Municipal Code relating to Regulation of Communications During Competitive Procurement Process. EXECUTIVE SUMMARY The proposed amendment would create an exception to the regulated communication rule that would allow elected officials to participate in a selection committee that may be established by the City Manager or his designee to evaluate proposals and to receive documents as needed to participate in such a committee.The proposed amendment would also clarify that an elected official’s staff is not prohibited from communicating with proposers,so long as information learned as a result of such communication is not shared with the elected official. BACKGROUND Chapter 4,Article 6 of the Fresno Municipal Code (Article 6)relating to Regulated Communications in Procurement Process is intended to ensure the Mayor and Councilmembers are provided equal access to the same information during the procurement process.Article 6 applies to competitive procurement that may result in the award of a contract by the Council,including competitive bidding, request for proposals,request for expression of interest,and request for qualifications.Any communication (even if unintended or inadvertent)covered by Article 6 must be disclosed,unless an City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-533 Agenda Date:10/30/2014 Agenda #: communication (even if unintended or inadvertent)covered by Article 6 must be disclosed,unless an exception exists. The proposed amendment would allow elected officials to participate in the evaluation of proposals prior to the Council meeting at which the contract is awarded.For some contracts,the City Manager or his designee may form an ad hoc selection committee that may evaluate written proposals and/or interview proposers.Communication made as part of this process would not be subject to disclosure pursuant to Article 6.Elected officials participating in a selection committee may receive documents that are not provided to all elected officials. An elected official’s staff is not prohibited from communicating with proposers,however,staff is prohibited from sharing with the elected official information received as a result of such communication. 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 Ordinance will have no impact on the General Fund. Attachment:Ordinance City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Page 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SUBSECTION (b) OF SECTION 4-605 OF THE FRESNO MUNICIPAL CODE RELATING TO REGULATION OF COMMUNICATIONS DURING COMPETITIVE PROCUREMENT PROCESS THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection (b) of Section 4-605 of the Fresno Municipal Code is amended to read: (a)No Proposer shall initiate,engage in,or continue any communication to or with any elected official, and no elected official shall initiate, engage in, or continue any communication to or with any Proposer, concerning or touching upon any matter which is the subject of a competitive procurement within the scope of this article except as permitted in this Section 4-605. (b)Only communications meeting the following requirements are allowed under this ordinance: a communication that is (1)Made on the record in a regular or special meeting of the Council; or (2)Between or among elected officials outside of a regular or special Council meeting, provided that none of the communicants is an agent or representative of a Proposer, or acting in concert with or at the behest of a Proposer, and provided further the communication is not prohibited under the Ralph M. Brown Act (Government Code §§ 54950,et seq.); or (3)Part of the record presented to the Council as a result of being communicated to City staff involved in, and in the ordinary course of, the competitive procurement; or (4)An identical writing that is delivered simultaneously and by identical means to all elected officials, the City's Purchasing Manager, and the City Manager, at their respective official City offices. Except to the Page 2 of 3 City's Purchasing Manager, hand deliveries must be made by someone other than a Proposer[.; or] [(5)Made as a result of participation in a formal selection committee that may be established by the City Manager, or designee, to evaluate a proposal(s). Elected officials participating in a selection committee may receive documents that are not provided to all elected officials.] (c)[An elected official’s staff is not prohibited from communicating with Proposer(s), however, staff is prohibited from sharing with the elected official information received as a result of such communication unless that communication is permissible under subsection (b).] The regulated communication rule established by this section and a reference to this article shall be set forth in each Bid Invitation, RFEI, RFP and RFQ, or in the respective specifications or other documents referred to therein. [(d)The regulated communication rule established by this section and a reference to this article shall be set forth in each Bid Invitation, RFEI, RFP and RFQ, or in the respective specifications or other documents referred to therein.] SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. / / / / / / / / / Page 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Katherine B. Doerr [Date] Assistant City Attorney KBD:elb [65949elb/kbd] Ord. 10/14/14 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-432 Agenda Date:10/30/2014 Agenda #: REPORT TO THE CITY COUNCIL DATE:October 30, 2014 FROM:COUNCIL PRESIDENT, Steve Brandau Council District 2 SUBJECT WORKSHOP relating to Clovis Unified School District - presented by Superintendent Janet Young RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™