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Home My WebLink About2014-11-06 Council Agenda PacketThursday, November 6, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Session November 6, 2014City Council Meeting Agenda - Final-revised The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised 8:44 A.M. ROLL CALL Invocation by District 4 Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS Presentation of the SPCA Pet of the Month - Councilmember Quintero Proclamation of “SUPREME COURT JUSTICE MARVIN BAXTER DAY” ID#14-546 Sponsors:Vice President Quintero Proclamation of “JENNIFER LIPP DAY”ID#14-560 Sponsors:Olivier APPROVE MINUTES Approval of City Council minutes from November 6, 2014ID#14-586 Approval of Successor Agency minutes from January 8, 2015 ID#15-049 Sponsors:Office of the City Clerk COUNCILMEMBER REPORTS AND COMMENTS APPROVE AGENDA 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $50,000 to Frank Stephen Lamarche located at 2748 E. ID#14-5231-A Page 3 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised Hamilton, Fresno APN 468-313-18T Sponsors:Public Works Department ***RESOLUTION - 521st amendment to the Master Fee Schedule (“MFS”) Resolution No. 80-420 to add, adjust, revise or delete various fees ID#14-5271-B Sponsors:Finance Department ***BILL NO. B-48 (Intro. 10/30/2014)(For adoption) - Amending Section 4-605 of the Fresno Municipal Code relating to regulation of communications during competitive procurement process ID#14-5541-C Sponsors:Baines III Approve the appointment of Nicole Linder to the District 6 Plan Implementation Committee ID#14-5591-D Sponsors:Mayor Brand CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Actions pertaining to Parking Permit Agreement between Housing Authority and the City of Fresno: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facility) of California Environmental Quality Act (CEQA) Guidelines; and 2.Approve a Parking Permit Agreement for 25 parking spaces in City of Fresno Parking Garage #7 located at 801 Van Ness at a base rate of $35 per month per stall for a two (2) year term (Council District 3). ID#14-3412-A Sponsors:Planning and Development Department ***RESOLUTION - Granting authority to the Public Works Director to delegate the authority to other City Departments to approve contract change orders for on-site public works of construction (All Council Districts) ID#14-4882-B Sponsors:Public Works Department Page 4 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised 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 (Continued from October 30, 2014) ID#14-5532-C Sponsors:Planning and Development Department 3. CITY COUNCIL BILL - (For Introduction) - Amending Section 4-401 of the Fresno Municipal Code and repealing Sections 4-402, 4-403 and 4-404 of the Fresno Municipal Code relating to prevailing wages for public works ID#14-5453-A Sponsors:Council President Brandau ***RESOLUTION - Adopt the “Water Conservation Act”, which will develop policies and practices that will conserve water usage by all City water customers and provide better overall management of City water resources ID#14-5483-B Sponsors:Mayor Brand and Vice President Caprioglio BILL - (For Introduction) - Repealing Section 4-111 of the Fresno Municipal Code and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements ID#14-5493-C Sponsors:Council President Brandau 4. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: 1. Claim of Richard Smith ID#14-5414-A Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, ID#14-5524-B Page 5 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised 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 Sponsors:City Attorney's Office 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. WORKSHOP regarding Public ArtID#14-482 Sponsors:Public Works Department 10:45 A.M. Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of N. Fowler and E. Clinton Avenues (Council District 4) (Continued from October 23, 2014) 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R-11-003, C-13 -092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM ID#14-540 Sponsors:Planning and Development Department 11:00 A.M. SCHEDULED COMMUNICATION Page 6 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised Appearance by Parvis Laghaifar to discuss who is responsible for the expenses of moving a signal light at the corner of Shaw and Polk ID#14-542 Appearance by Tim Barker to discuss the Community Water Forum ID#14-543 Page 7 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS NOVEMBER 20 10:00 A.M. Joint Powers Financing Authority Meeting NOVEMBER 20 11:40 A.M. WORKSHOP relating to Clovis Unified School District - presented by Superintendent Janet Young DECEMBER 4 10:00 A.M #1 WORKSHOP relating to Fresno Unified School District presented by Michael Hansen DECEMBER 4 10:00 A.M.#2 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 11 11:00 A.M. WORKSHOP relating to Central Unfied School District presented by Mike Berg DECEMBER 18 2:00 P.M. HEARING re:Final Tract Map No. 6051 annexed to CFD No. 11 (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 Page 8 City of Fresno ***Subject to Mayoral Veto November 6, 2014City Council Meeting Agenda - Final-revised 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 13 - NO MEETING DECEMBER 4 - 8:30 A.M. NOVEMBER 20 - 8:30 A.M. DECEMBER 11 - 8:30 A.M NOVEMBER 27 - NO MEETING DECEMBER 18 - 1:30 P.M. 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#14-546 Agenda Date:11/6/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of “SUPREME COURT JUSTICE MARVIN BAXTER DAY” 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#14-560 Agenda Date:11/6/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of “JENNIFER LIPP DAY” 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#14-586 Agenda Date:11/20/2014 Agenda #: CITY COUNCIL MINUTES FOR APPROVAL Approval of City Council minutes from November 6, 2014 City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 8:30 AM Council ChambersThursday, November 6, 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. 8:44 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 District 4 The invocation was performed by Facilities Manager Mark Johnson. Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS Presentation of the SPCA Pet of the Month - Councilmember Quintero PRESENTED Councilmember Brand entered the Council chamber at 8:50 A.M. City of Fresno *Subject to mayoral veto Page 1 November 6, 2014City Council Meeting Minutes - Draft ID#14-546 Proclamation of “SUPREME COURT JUSTICE MARVIN BAXTER DAY” Sponsors:City Councilmember Quintero PRESENTED ID#14-560 Proclamation of “JENNIFER LIPP DAY” Sponsors:City Councilmember Olivier PRESENTED APPROVE MINUTES ID#14-586 Approval of City Council minutes from November 6, 2014 On motion of Councilmember Xiong, seconded by Councilmember Caprioglio, the above Minutes were approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-556 Approval of Successor Agency minutes from October 30, 2014 and Fresno Revitalization Corporation minutes from October 30, 2014. Sponsors:City Clerk's Office On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above Successor Agency and Fresno Revitalization Minutes were approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - Councilmember Brand exited the Council Chamber at 9:05 A.M. and returned at 9:10 A.M. COUNCILMEMBER REPORTS AND COMMENTS Councilmember Caprioglio acknowledged the Muslim Society of Central California for taking the time, twice a year, to provide free medical services at Manchester Shopping Center. Councilmember Caprioglio attended on Saturday and estimated that between 700 and 725 men, women and children were taking advantage of the free services that included eye exams, lab work, dental work, evaluations and obesity information. Councilmember Caprioglio thanked the Muslim Society of Central California for its generosity. City of Fresno *Subject to mayoral veto Page 2 November 6, 2014City Council Meeting Minutes - Draft President Brandau reported that he was in a meeting with City Administration and worked out solutions to boost the number of Police Officers to the levels agreed upon in June. Councilmember Xiong asked City Manager Rudd for a follow up report regarding the street light issue around Fresno High School. City Manager Rudd stated he would follow up after his 1:00 P.M. meeting on the issue with with Public Works. APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: General Administration item 2-A (File ID# 14-341) regarding a parking permit agreement with the Housing Authority was removed from the agenda by staff; the 11:00 A.M. Scheduled Communication by Parvis Laghaifar (File ID# 14-542) was rescheduled by Mr. Laghaifar to November 20, 2014; the 10:45 A.M. Scheduled Matter (File ID# 14-540) to consider an appeal regarding Conditional Use Permit No. C-13-092 was removed from the agenda and would return in January 2015. APPROVED AS AMENDED On motion of Councilmember Olivier, seconded by Councilmember Caprioglio, the AGENDA was adopted with the changes read by City Clerk Spence. The motion carried by the following vote: Aye:Brandau, Baines, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brand1 - 1. CONSENT CALENDAR Councilmember Caprioglio moved Consent Calendar item 1B (File ID 14-527) to the Contested Consent Calendar for further discussion. CONSENT CALENDAR ADOPTED APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - City of Fresno *Subject to mayoral veto Page 3 November 6, 2014City Council Meeting Minutes - Draft ID#14-5231-A Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $50,000 to Frank Stephen Lamarche located at 2748 E. Hamilton, Fresno APN 468-313-18T Sponsors:Public Works Department APPROVED The above item was approved on the Consent Calendar. ID#14-5271-B ***RESOLUTION - 521st amendment to the Master Fee Schedule (“MFS”) Resolution No. 80-420 to add, adjust, revise or delete various fees Sponsors:Finance Department The above item was moved to the Contested Consent Calendar by Councilmember Caprioglio for further discussion. ID#14-5541-C ***BILL NO. B-48 (Intro. 10/30/2014)(For adoption) - Amending Section 4-605 of the Fresno Municipal Code relating to regulation of communications during competitive procurement process Sponsors:City Councilmember Baines ORDINANCE 2014-49 ADOPTED The above item was adopted on the Consent Calendar. ID#14-5591-D Approve the appointment of Nicole Linder to the District 6 Plan Implementation Committee Sponsors:City Councilmember Brand APPROVED The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR ID#14-5271-B ***RESOLUTION - 521st amendment to the Master Fee Schedule (“MFS”) Resolution No. 80-420 to add, adjust, revise or delete various fees Sponsors:Finance Department The above item was introduced to Council by Aviation Director Meikle. Budget Manager Sumpter and Airways Golf Course General Manager Fansler answered additional questions. City of Fresno *Subject to mayoral veto Page 4 November 6, 2014City Council Meeting Minutes - Draft Budget Manager Sumpter read a correction into the record that added a footnote regarding the special pool rentals. The correction was as follows: "Insurance must be purchased from the City carrier." Councilmember Xiong instructed staff to come back after the changes were made for the purpose of evaluating the sustainability of Airways Golf Course under the changes. RESOLUTION 2014-180 ADOPTED On motion of Councilmember Caprioglio, 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 - 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 9:24 A.M. to 9:51 A.M. to discuss the following: ID#14-5414-A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: 1. Claim of Richard Smith Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcement was made regarding this item. ID#14-5524-B 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 Sponsors:City Attorney's Office The above item was discussed in closed session. No open session announcement was made regarding this item. City of Fresno *Subject to mayoral veto Page 5 November 6, 2014City Council Meeting Minutes - Draft 3. CITY COUNCIL ID#14-5483-B ***RESOLUTION - Adopt the “Water Conservation Act”, which will develop policies and practices that will conserve water usage by all City water customers and provide better overall management of City water resources Sponsors:City Councilmember Brand and City Councilmember Caprioglio The above item was introduced to Council by Councilmembers Brand and Caprioglio. Public Utilities Director Esqueda and City Manager Rudd answered additional questions. The following member(s) of the public spoke on this item: Laura Gromis of USGBC of Central California, Rachel Eslick of the Fresno Chamber of Commerce, Bill Robinson and Time Barker. Public Utilities Director Esqueda stated, for the next budget cycle, the water conservation rebate program would include a plan discussing equitable disbursement of the rebates throughout the city. RESOLUTION 2014-181 ADOPTED On motion of Councilmember Caprioglio, seconded by Councilmember Brand, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-5453-A BILL - (For Introduction) - Amending Section 4-401 of the Fresno Municipal Code and repealing Sections 4-402, 4-403 and 4-404 of the Fresno Municipal Code relating to prevailing wages for public works Sponsors:City Councilmember Brandau The above item was introduced to Council by President Brandau. City Attorney Sloan answered additional questions. President Brandau motioned to approve the item while un-striking (keeping) the language, "being a municipal affair" found under the proposed "Section 4-401. Applicability of State Law" BILL B-49 INTRODUCED AS AMENDED AND LAID OVER On motion of President Brandau, seconded by Councilmember Olivier, City of Fresno *Subject to mayoral veto Page 6 November 6, 2014City Council Meeting Minutes - Draft the above item was adopted as amended to include the phrase, "being a municipal affair." The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-5493-C BILL - (For Introduction) - Repealing Section 4-111 of the Fresno Municipal Code and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements Sponsors:City Councilmember Brandau The above item was introduced to Council by President Brandau. City Attorney Sloan answered additional questions. The following member(s) of the public spoke on this item: Nicole Goehring of Associated Builders and Contractors Northern California, Terri Emmett of Dave Christian Constriction Company. BILL B-50 INTRODUCED AND LAID OVER On motion of President Brandau, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Brand, Caprioglio, Olivier and Quintero5 - No:Baines and Xiong2 - 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID#14-482 WORKSHOP regarding Public Art Sponsors:Public Works Department The above item was introduced to Council by Public Works Manager Morrison and presented by Linda Cano of Axis Art Consulting. HELD 10:45 A.M. ID#14-540 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 City of Fresno *Subject to mayoral veto Page 7 November 6, 2014City Council Meeting Minutes - Draft Avenues (Council District 4) (Continued from October 23, 2014) 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R-11-003, C- 13-092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM Sponsors:Development and Resource Management Department The above item was continued to sometime in January 2015 by staff. 11:00 A.M. SCHEDULED COMMUNICATION ID#14-542 Appearance by Parvis Laghaifar to discuss who is responsible for the expenses of moving a signal light at the corner of Shaw and Polk The above item was continued to November 20, 2014 by the speaker. ID#14-543 Appearance by Tim Barker to discuss the Community Water Forum Mr. Barker appeared before Council and discussed the Community Water Forum. 2. GENERAL ADMINISTRATION ID#14-3412-A Actions pertaining to Parking Permit Agreement between Housing Authority and the City of Fresno: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facility) of California Environmental Quality Act (CEQA) Guidelines; and 2.Approve a Parking Permit Agreement for 25 parking spaces in City of Fresno Parking Garage #7 located at 801 Van Ness at a base rate of $35 per month per stall for a two (2) year term (Council District 3). Sponsors:Development and Resource Management Department The above item was removed from the agenda by Staff. ID#14-4882-B ***RESOLUTION - Granting authority to the Public Works Director to delegate the authority to other City Departments to approve contract change orders for on-site public works of construction (All Council Districts) City of Fresno *Subject to mayoral veto Page 8 November 6, 2014City Council Meeting Minutes - Draft Sponsors:Public Works Department The above item was introduced to Council by Public Works Assistant Director Andersen. RESOLUTION 2014-182 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Caprioglio, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-5532-C 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 (Continued from October 30, 2014) Sponsors:Development and Resource Management Department The above item was introduced to Council by Development and Resource Management Director Clark. RESOLUTION 2014-183 ADOPTED On motion of Councilmember Xiong, seconded by President Brandau, the above item was adopted. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - UNSCHEDULED COMMUNICATION No members of the public addressed Council with unscheduled communication. ADJOURNMENT Adjourned at 11:48 A.M. City of Fresno *Subject to mayoral veto Page 9 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#15-049 Agenda Date:1/15/2015 Agenda #: SUCCESSOR AGENCY MINUTES FOR APPROVAL Approval of Successor Agency minutes from January 8, 2015 City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ RTCEIVED Zl15 irìi.l lLl Pn 12 iB Agenda ltem: lD#15-049 Date: tltSlt5 FRESNO CITY COUNCIL clTY 'LERä' FR[sNo cA Ë5=a..rSr/zfflE=lE=z¿¡tF- Supplemental lnformation Packet Agenda Related ltems - lD#15-049 Contents of Supplement: Draft Successor Agency Minutes Item(sl Approval of Successor Agency minutes from January 8, 2015 Supplemental lnformation : Anyagenda related publicdocuments received and distributed to a majorityof the CityCouncilafterthe 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(2). 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 seruices of a translator can be made available. Requests for additional accommodations for the disabled, sign language ¡nterpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office at62I-7650. Please keep the doonruays, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Securit Successor Agency to the Redevelopment Agency of the Gity of Fresno M¡nutes January 8, 201 5 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair ài Clinton Olivier Member = 7SaMember.<b-rìEs ria Member P -. ñOli ChairS=C)¡m Ë JOINT MEETING OF THE CITY OF FRESNO, THE SUGCESSOR AGEI.IöY T HE Tq REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESN6 C] REVrrALrzATroN coRPoRATroN g Ë The City Council met in joinf session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 12:00 P.M. to discuss the following: 1. CONSENT CALENDAR l-F lD#15-024 Approve Exclusive Negotiation Agreement between the City, Successor Agency, the Noyan Company, and TFS lnvestments, LLC (Joint City and Successor Agency action) Sponsors.' City Manager's Office and Successor Agency to the Redevelopment Agency The above item was approved on the Consent Calendar. CITY COUNCIL CONSENT CALENDAR VOTE On motion of Acting President Baines, seconded by Gouncilmember Brand, parl2 of the above item was approved. The motion carried by the following vote: Aye:7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Soria January 8,2015 SA-60 SUCCESSOR AGENCY CONSENT CALENDAR VOTE On motion of Chair Baines, seconded by Member Gaprioglio, the above item was approved. The motion carried by the following vote: Aye: 7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Soria JOINT MEETING ADJOURNED AT 12:01 P.M. Approved on the day of 2015. ATTEST: Oliver Baines, Chair Todd Stermer, Assistant City Clerk January B, 2015 SA-61 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-523 Agenda Date:11/6/2014 Agenda #:1-A REPORT TO THE CITY COUNCIL November 6, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $50,000 to Frank Stephen Lamarche located at 2748 E. Hamilton, Fresno APN 468-313- 18T RECOMMENDATION To approve the sale of 7,500 square feet of excess property located at 2748 East Hamilton in Fresno to Frank Stephen Lamarche. EXECUTIVE SUMMARY Several years ago PARCS purchased several properties at Hamilton and Sarah in the old industrial part of Fresno to construct what was called the “Vagabond Skateboard Park.”Due to budget cutbacks,the park was never constructed and all but one of the parcels was either sold back or returned to the previous owners.The property at 2748 East Hamilton sat vacant for almost seven years and the City was approached by Frank Stephen Lamarche about purchasing it.An appraisal was performed and Mr.Lamarche essentially agreed to the valuation and the City of Fresno has agreed in principle to sell the property pending concurrence by the City Council. BACKGROUND The City of Fresno acquired the subject property in 2007 as one of several properties required for the Vagabond Skateboard Park.When PARCS no longer had funds to build the facility,the City either sold or returned all but one of the properties back to the previous owners.The subject property had City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-523 Agenda Date:11/6/2014 Agenda #:1-A sold or returned all but one of the properties back to the previous owners.The subject property had been used as a cabinet shop and the business was relocated to Clovis and the previous owner had no intention of returning.The property sat vacant for almost seven years and had succumbed to vandalism.Recently a neighboring property owner expressed interest in purchasing 2748 East Hamilton,but declined after an appraisal by Larry Hopper MAI showed a value of $50,250.Mr. Lamarche then stepped forward and offered to pay the City $50,000 cash in “as-is” condition. Mr.Lamarche intends to use the facility as the home base for his automotive wheel repairing and refinishing business.Mr.Lamarche spent several weeks investigating the various costs and permits required to reopen the facility.The $50,000 is already on deposit with the City.The subject property was purchased using Park Bond proceeds and PARCS is directing the proceeds to be placed in Fund 31509:UGM Parks Citywide Facility Fees,ORG 179901 Parks &Rec Capital Section as per Finance Principle Accountant Phillip Hardcastle and the City Attorney’s Office.The City Attorney has reviewed and approved the purchase and sale agreement along with the grant deed as to form. ENVIRONMENTAL FINDINGS The project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines,section 15301(c)as the subject property had been used as a cabinet shop by the previous owner prior to being purchased by the City of Fresno and the new owner intends to use the parcel as a wheel refinishing and refurbishing shop which falls under the existing industrial zoned permitted use. Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE N/A FISCAL IMPACT The City of Fresno will net $50,000 from the sale of the property.It is anticipated those funds shall be returned to UGM Parks Citywide Facility Fees 31509-179901. Attachment: Aerial photo of subject property City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno ! e"ri"t" I c¡ty Ltmtre I rr""no County f SCALE I :4,634 r-200 0 200 ,000 6U) FEET hþ://dpuweb. ci.fresno. ca.us/ilhrftl5/eMerr.n¡wf Monday, October 20,2014 2:02 PM City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-527 Agenda Date:11/6/2014 Agenda #: REPORT TO THE CITY COUNCIL November 6, 2014 FROM:R. RENENA SMITH, Assistant City Manager BY:JANE SUMPTER, Budget Manager Budget and Management Studies Division SUBJECT ***RESOLUTION - 521st amendment to the Master Fee Schedule (“MFS”) Resolution No. 80-420 to add, adjust, revise or delete various fees RECOMMENDATIONS It is recommended that the Council approve the 521st Amendment to the MFS Resolution No. 80-420. EXECUTIVE SUMMARY In prior years,the annual revision of the MFS was presented along with the Mayor’s Proposed Budget.In changing the timing of the annual update,staff will be able to include the fee adjustments in the revenues estimated for the coming fiscal year.These updates include changes presented by the departments exclusive of UGM impact fees and development fees which will be presented to Council individually by the responsible department. The attached resolution to adopt the 521st Amendment to the MFS Resolution No.80-420 addresses fee changes,and annual routine revisions to the following departments:Airports,Parks,After School,Recreation and Community Services, Development and Resource Management and Public Utilities. BACKGROUND The annual revision of the MFS is being presented at this time to enable any adjustments approved by Council to be incorporated into the planning of next year’s budget.Staff will proceed with estimating revenues for FY 2016 based on the adoption of these updates to the schedule.The following narrative details the proposed fee adjustments by department; a summary schedule of changes is also included. Airports:The department is proposing to adjust Airway Golf Course Green Fees.This is not the annual adjustment required by the contract;those changes,to adjust the fees by the current CPI,will continue to be brought to Council after the updated CPI is available.This proposal was brought forward to “re-set”the current fee structure to better compete in the marketplace in certain fee categories.These changes,if adopted,will be effective January 1,2015.The adjustments include: ·New weekday and weekend rates for nine-hole play;active military and for super twilight play.The nine-hole rate is offered by many courses;it is believed this new offering will help to drive additional rounds,as time is a limiting City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-527 Agenda Date:11/6/2014 Agenda #: is offered by many courses;it is believed this new offering will help to drive additional rounds,as time is a limiting factor in today’s market.The military discount is limited to active duty personnel only and is in response to many requests over the years.The “super twilight”fee of $10 will be offered after 4pm Pacific Standard Time and 5pm Pacific Daylight Time. ·Decreases are proposed in some tournament fees,senior and junior monthly and the frequent player surcharge. According to the department,these are to help Airways compete with other courses for tournament play and to bring its price structure in line with Riverside. ·There is also a proposed increase to the senior surcharge,however combined with the decrease in the senior monthly card rate the net result will be a decrease to the customer. ·There is one text change proposed, amending the Common Use Area Charge fee. Parks,After School,Recreation &Community Service:PARCS is proposing various adjustments to their fee schedule which are described below. ·Riverside Municipal Golf Course Green Fees are being adjusted per the lease agreement,with the fees increase based on the June 2014 CPI. The increase totals 1.85 percent. These fees will be effective January 1, 2015. ·Deletion of certain fees,primarily due to the fee no longer being used by the department.Fees for the Japanese Garden photos and weddings are being deleted since by agreement these fees are collected by the Shinzen Friendship Garden Inc.and are retained by them for capital improvements to the garden.Fees for the Paintball Facility at the Regional Sports Complex are being deleted since these fees are set by contractual agreement with the concessionaire, subject to approval by the PARCS Director. ·Increases are proposed in the entrance fee to the Shinzen Garden to help off-set increasing operating and maintenance costs;in this instance,the City does retain all entrance fee revenue.If the increased revenue estimates are achieved,the new fees will allow for a cost recovery of 80 percent.Currently,cost recovery is at 56 percent. ·Increase in the entrance fee for special days is proposed because certain holidays result in vastly increased impacts at all three regional parks.This additional traffic causes an increased need for custodial services and security.In order to keep the parks in optimal condition for all citizens,an additional charge of $2 per vehicle is proposed for the following holidays:Easter,Cinco de Mayo (closest weekend),Mother’s Day,Memorial Day, Father’s Day,Independence Day (observed)and Labor Day.The increased revenues generated,estimated at $15,000 annually,would be used to fund additional security and janitorial services at the regional parks during and after the specified days. ·Also proposed is an adjustment to the Regional Parks Vehicle Pass.When the entrance fees were adjusted in FY 2013,no change was made to the annual pass fees.The original pricing of the annual pass was structured so that it would pay for itself within ten visits to the park.Currently it is recovered in eight visits.This adjustment will return to the approved pricing structure.Also,the FERA individuals’entrance rate is also being increased to remain at half the regular fee.The remaining increases are to aid cost recovery and reduce the General Fund subsidy of these activities. ·Text changes are proposed for the following: o Consolidate the three entries for the regional parks entrance fees into one entry;since all the fees are the same, separate entries are not required. There is no change in the actual fee amount; o Changing fee name from Roeding Park Tennis Courts to Tennis Courts to allow for rental of other City owned courts at various parks; and o Consolidate fees from 1)instructional camps,and classes under action sports,2)youth sports camps and 3)instructional leagues,with day camps to allow flexibility in the pricing of camps to cover a wider variety of camp offerings. Development and Resource Management:The department submitted two fee adjustments which are annual City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-527 Agenda Date:11/6/2014 Agenda #: adjustments to State of California fees and are pass-throughs to the state. Public Utilities (Wastewater Management Division):The division is deleting text allowing a grace period from the Administrative Cost Recovery Charges,per a recommendation from the U.S.Environmental Protection Agency and the Central Valley Regional Water Quality Control Board. Public Utilities (Solid Waste Management Division):The division is proposing to adjust the Container Exchange fee; Container Exchange for 64 &96 gallon container fees;Solid Waste Special Hauls and Foreman’s Charge fee.Each of these adjustments is based on cost of service.Also,the division will delete the Container Exchange fee;this was a fee tied to the commercial operation and was overlooked when the other commercial fees were deleted. The attached resolution amends the MFS Resolution No.80-420 per these proposed fee changes and annual routine revisions. ENVIRONMENTAL FINDINGS By definition in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the update of the MFS does not qualify as a "project" as defined by CEQA. LOCAL PREFERENCE Local preference not implemented because no "local business" participate in the MFS update. FISCAL IMPACT The FY 2016 budget will be built on the assumption that the fees contained in the 521st Amendment will be implemented. The effective date of this MFS amendment is July 1, 2015 unless otherwise noted. Attachments: Master Fee Schedule Summary 521st Amendment to the Master Fee Schedule Resolution City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Master Fee Schedule Summary Detail Type of Change Current $Proposed $ Airports Airways Golf Course - Green Fees Active Military weekday New 18.00 Weekday 9 holes New 16.00 Weekday Super Twilight after 4pm PST and after 5pm PDT New 10.00 Active Military weekend New 21.00 Weekend 9 holes New 17.00 Weekend Super Twilight after 4pm PST and after 5pm PDT New 10.00 Tournaments Decrease 25.25 24.00 Juniors - Tournaments Decrease 12.00 10.00 Senior Monthly Decrease 47.25 44.00 Senior Surcharge Increase 4.00 6.00 Junior Monthly Decrease 47.25 42.25 Frequent Players Surcharge Decrease $5.50m-f;$7.50 wked $4.0m-f;$6.50 wked Common Use Area Charges add "gate" to description Text change Parks, After School, Recreation & Community Services Riverside Municipal Golf Course - Green Fees Contractual inc. by CPI 1.85%Increase Various Dunk Tank Rental Delete Playfield - additional light circuits Delete Rock Climbing Wall Delete Refreshment Area Set-up/Take down Delete Special Pool Rentals insurance requirement Text Change Community Sports teams Text Change Youth Org Field Reservations Text Change Regional Sports Complex User Fee Night Play/Field Delete Woodward Park Rotary Amphitheater Delete fee for Non-profit orgs Text Change/Delete Mobile Vehicle User Fee Veh. Prep fees for non-resident New $125+$1.75/mile Day Camps to include various other programs Text Changes Japanese Garden entrance fee to cover operational costs Increase/Text Chg. 4 to 14 years Increase 0.50 1.00 over 14 Increase 3.00 5.00 Family max Increase 5.00 7.00 Senior Citizen (62+)Increase 0.50 1.00 Group Tour Delete Donation accepted Regional Parks Vehicle Pass from 8 to 10 visits Increase 40.00 50.00 Low income rate Increase 20.00 25.00 Regional Parks Entrance Fee Combine 3 fees into 1 retitled fee Text Change Holiday rate $2 increase for certain listed days New 5.00 7.00 Roeding Park Tennis Courts remove "Roeding" from title Text Change Roeding Park Picnic Table Reservations Increase 15.00 20.00 Woodward Park Picnic Table Reservations Gazebo table rental Increase 12.00 15.00 Memorial Auditorium APES fee to match other city venues Increase 0.75 1.00 Memorial Auditorium Theater Rental Delete time frame/modify fee to per day Increase $125-$200 250.00 Regional Sports Complex Paintball Facility Delete Japanese Garden Weddings Delete Japanese Garden Photo Fee Delete DPU - Solid Waste Container Exchange - Carts Increase 29.04 31.37 Container Exchange - New 64 Gallon Container Increase 60.95 64.87 Container Exchange - New 96 Gallon Container Increase 65.97 71.27 Foreman's Charge Decrease 44.67 40.05 Special Haul 30 minutes min Increase 124.88 162.81 each additional 15 min Decrease 16.62 16.25 Container Exchange - Service Variance Delete DPU - Wastewater Admin Cost Recovery charges for reporting for 1st day late only(elim grace period)Delete Development and Resource Management Fish and Game Filing Fee Environmental Assessment Fee Increase 2,182.25 2,210.00 Fish and Game Filing Fee for EIRs EIR's Increase 3,029.75 3,069.75 Fee Name 10/29/2014 Page 1 of 1 K:\USERS\JaneS\FY 2015\MFS Summary.xlsx CITY OF FRESNO MASTER FEE SCHEDULE AIRWAYS GOLF COURSE - GREEN FEES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (at all City owned facilities 489 that comprise the Fresno Convention & Entertainment Center, and the Riverside Municipal and Airways Golf Courses. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket (or attendee) and on each round of golf.1.00 **Weekdays 20.25 521 Active Military NEW 18.00 9 Holes NEW 16.00 Twilight:after 2 p.m. (PST)16.25 after 3 p.m. (PDST)16.25 Super Twilight:after 4 p.m. (PST)NEW 10.00 after 5 p.m. (PDST)NEW 10.00 **Weekends/Holidays (as identified in FMC 3-116)22.50 521 Active Military NEW 21.00 9 Holes NEW 17.00 Twilight:after 2 p.m. (PST)16.25 after 3 p.m. (PDST)16.25 Super Twilight:after 4 p.m. (PST)NEW 10.00 after 5 p.m. (PDST)NEW 10.00 **Tournaments 25.50 24.00 521 Seniors (62 and over—See * below for ID requirements)12.25 Juniors (18 and under—See * below for ID requirements)12.25 10.00 Junior Golf Team 4.25 **Monthly Cards (restricted to the individual named)521 Seniors (Unlimited)*48.00 44.00 Surcharge / per round +4.00 6.00 Juniors (Unlimited)*48.00 42.25 Surcharge / per round +4.00 Frequent Players (No restriction on time of play)80.00 Surcharge, weekdays / per round +5.50 4.00 521 Surcharge, weekends/holidays / per round +7.50 6.50 * Tee times will be restricted to weekdays and after 2 p.m. (standard time) or 3 p.m. (daylight savings time) on weekends and holidays, or based on course availability as determined by lessee. A valid driver's license or school photo ID, as applicable, is required. Another form of identification bearing a birth date may be submitted with prior approval from the Airways Golf Course General Manager. NOTE: Fee adjustments contained in MFS Amendment #521 (November, 2014) effective January 1, 2015. NOTE: The Director is authorized to negotiate these fees if it is determined to be beneficial to the City. AIRPORT FEES All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 1 CITY OF FRESNO MASTER FEE SCHEDULE FRESNO YOSEMITE INTERNATIONAL AIRPORT Fee Description & Unit/Time Current Proposed Amnd Airline Equipment Charge Non-Signatory Commercial Operations Per enplaned passengers 0.30 Commercial Aviation Permit Operators (CAPO) Per enplaned passengers 0.30 Air Cargo Ramp Fee Non-Signatory Commercial Operations Each 1,000 pounds MCGLW* /per day 0.46 Minimum charge per day 25.00 Commercial Aviation Permit Operators (CAPO) Each 1,000 pounds MCGLW* /per day 0.46 Minimum charge per day 25.00 Commercial Aviation Permit Per month 250.00 Common Use Area Charges (applicable to signatory airlines 20% (divided by #521 conducting scheduled passenger service at FYI) for baggage claim, of signatory airlines) ticket counters, gate, and security screening areas. (Terminal rent per square foot per year multiplied by the area in square feet 80% (based on each of the applicable baggage claim, ticket counters, gate, and airlines’ number of security screening areas). Charges will be calculated and enplaned passengers invoiced monthly.divided by total number of enplaned passengers) Customer Facility Charge Per rental car transaction generated at the FYI Airport 4.50 Contracted Airport Public Safety Services (per hour, two hour minimum) Airport Public Safety Officer 48.51 Public Safety Vehicle + Officer 49.42 Equipment Rental Crew stairs/per day 50.00 Transportation fee/per day 50.00 Passenger Ramp inside SIDA/per day 50.00 Passenger Ramp outside SIDA/per day 100.00 All other equipment/per day 75.00 AIRPORT FEES All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 2 CITY OF FRESNO MASTER FEE SCHEDULE RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports* (at all City owned facilities 489 that comprise the Fresno Convention & Entertainment Center, the Riverside Municipal and Airways Golf Courses. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket (or attendee) and on each round of golf 1.00 Weekdays 21.00 22.00 521 after 2 p.m. (PST) / after 3pm (PDST)17.00 18.00 Weekends/Holidays (as identified in FMC 3-116)28.50 29.00 521 after 2 p.m. (PST) / after 3pm (PDST)19.00 20.00 Tournaments 32.75 33.00 521 Seniors (62 and over)14.00 14.50 521 Juniors (18 and under)11.00 Junior Golf Team 4.00 Monthly Cards (restricted to the individual named)521 Seniors (Unlimited)*44.00 Surcharge / per round +5.75 6.00 Juniors (Unlimited )*42.25 Surcharge / per round +3.75 NOTE: Fee adjustments contained in MFS Amendment #521 (November, 2014) effective January 1, 2015. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 3 CITY OF FRESNO MASTER FEE SCHEDULE NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES Fee Description & Unit/Time Current Proposed Amnd Dunk Tank Rental Delete 521 Flat rate / per day (Need Hold Harmless Agreement & Liability Insurance)100.00 Refundable Deposit - per day 50.00 Playfield 489 Lighted (per hour / 2 hour minimum)35.00 Standard Time -- after 5 pm Daylight Savings Time -- after 8 pm Additional light circuit by same organization at same facility Hour/2 hour minimum 6.25 Delete 521 Unlighted facility (per hour / 2 hour minimum)25.00 489 Security/Cleaning Deposit (per facility) - flat/80% refundable 100.00 - 500.00 Rock Climbing Wall Delete 521 Minimum 4 hr Rental 300.00 Additional rental time/per hr 50.00 24 x 16 Video Projection System 480 Rental (4 hr minimum)300.00 Recreation staff additional per hr 35.00 20.00 510 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Bounce House Permit (need Hold Harmless Agreement & Liability Insurance) All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 4 CITY OF FRESNO MASTER FEE SCHEDULE DOWNTOWN MALLS - VENDOR FEES Fee Description & Unit/Time Current Proposed Amnd Mariposa Mall (monthly / per site + utility reimbursement) M Street to N Street 148 + 77 Q Street to P Street 148 + 77 Special Event Mall Maintenance Fee 409 Event / per site 80.00 Special Event—Staff Coordination 464 Parks Maintenance Worker I effective Scheduled Work 16.33/hr 4/1/2008 Saturday Work 24.50/hr Sunday Work 32.66/hr Parks Maintenance Worker II Scheduled Work 19.78/hr Saturday Work 29.67/hr Sunday Work 39.56/hr Parks Supervisor I 28.48/hr Portable Stage Set-Up/Take Down Each event 1,200.00 456 Refreshment Area Set-Up/Take Down Each event 375.00 Delete 521 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 5 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Community Sports Teams 456 Fees are established by the Parks, Recreation and Community Services Director and may be prorated for a partial season and/or services provided. Baseball / per Team/League 500.00 - 1,250.00 Indoor Soccer / per Team/League 380.00 Outdoor Soccer / per Team/League 585.00 Volleyball / per Team/League 200.00 Basketball / per Team/League 375.00 510 Fast Pitch Softball / per Team/League 460.00 Slow Pitch Softball / per Team/League 350.00 480 Co-ed Softball / per Team/League 350.00 480 Flag Football / per Team/League 405.00 In-line Hockey / per Team/League 250.00 Tournaments / per Team/League 125.00 - 300.00 Adult Sports League Late Fee 50.00 489 Equipment Rentals 409 Chairs / day 0.50 Tables / day 2.00 Regional Sports Complex Entrance Fee*Move 521 Year round / per motor vehicle 5.00 3.00 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Year round / per vehicle in which a senior citizen (age 65 or older) is a passenger or driver Note: Park entrance fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 6 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Regional Sports Complex User Fee 489 Deposit (80% refundable)500.00 1-3 Fields/Day 500.00 4-6 Fields/Day 750.00 7-9 Fields/Day 1,000.00 Field Usage - Adult - 2 Fields/hr/4hr minimum 15.00 Youth - 2 Fields/hr/4 hr minimum 10.00 Recreation Staff/hr 13.00 464 Tournament Play 489 1 - 3 Fields/Day 500.00 4 - 6 Fields/Day 900.00 7 - 9 Fields/Day 1,300.00 Night Play/Field 25.00 Delete 521 Basin Rental / per day 150.00 Soccer Field Restoration fee (applies to paintball rental only)50.00 / per field Vendor Fees 464 Temporary Vendor Fee (Daily per site) *75.00-150.00 Youth Sports Camps & Instructional Leagues Girls/Boys Sports Camp / per participant 50.00 Delete 521 Youth Organization Filed Field Reservations ** Text Change 521 1-2 Fields per month, per organization 250.00 3-4 Fields per month, per organization 500.00 Tournament (All Star) Flat Fee Per Day 480 1-3 Fields per day 100.00 4 or more Fields per day 150.00 * The Director is authorized to waive the user fee for Temporary Vendor if activity determined to be beneficial to the City of Fresno. ** Organizations must have a valid non-profit ID number to qualify. The monthly fee will be reduced by 50% with proof that the league has more than half of their children participating in a free or reduced cost lunch program. ** Mthly reservation fee not available at the Regional Sports Complex, AL Radka, and Fig Garden Baseball Park. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 7 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed 521 Text change Private or non-City groups Group size: Up to 200 200.00 201 to 500 350.00 Over 500 500.00 Over 1000 1000.00 489 Local charitable non-profit groups Group size: Up to 200 100.00 201 to 500 175.00 Over 500 250.00 Over 1000 500.00 489 Performance Bond**175.00 - 500.00 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit** (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Group size: Up to 200 250.00 201 to 500 500.00 Over 500 1,000.00 Over 1000 2,000.00 489 Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue. * Additional costs incurred for City services are the responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Amphitheaters, Regional, Community & Neighborhood Park Group Activity Areas* ** Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group Actvity Areas, including picnic shelters. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 8 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Woodward Park Rotary Amphitheaters**Text Change 521 Daily Rental **1,500.00 or 10% Non-Profit Organizations 500.00 flat fee Delete 521 (plus collection of or improvement fee) Non-Profit Organizations 1,500.00 flat fee Delete 521 (non-admission charges event)(plus collection of improvement fee) Concession Fee 35% payment of gross 477 event concession revenue Performance Bond 175.00 - 500.00 477 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit 1,000.00 477 (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Improvement Fee As of 1/1/09 2.00 per attendee Event Staffing (4 hr. minimum)13.00 hr 477 (4 hr. min) Rehearsals (scheduling permitting)350.00 477 per day Dance Instrcution (per fiscal year)510 New Student 75.00 Returning Student 55.00 ** $1,500.00 or 10% of gross ticket sales wichever is greater plus collection of improvement fee eff 1/1/10 1/1/2009.521 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 9 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Japanese Garden*456 Entrance fee: Under 4 years of age -0- 4 to 14 year 0.50 1.00 521 Over 14 years 3.00 5.00 Family maximum (Up to 5 persons)5.00 7.00 Senior Citizens (62 years and older)0.50 1.00 Group tour accompanied by docent Donation Accepted Delete Free day, all persons Free Waiver: The Director is authorized to waive the entrance fee for the following: •Organized groups with mentally or physically handicapped persons; •Organized classrooms from any schools that have joint use agreement with the City of Fresno Parks, Recreation and Community Service Department; •Members in good standing of the Fresno Japanese Garden Society; and •Organized groups of adults for whom the Director determines that the general public will derive a substantial benefit, with no group being so admitted more than once each year. Mobile Vehicle User Fee 456 Recreation staff / per hour (4 hours minimum)50.00 464 Vehicle preparation fee + miles 50.00 + 1.75/per mile Project Cost / per participant up to 7.00 Text Change 521 Non-Resident** Recreation staff / per hour (4 hours minimum)50.00 New 521 Vehicle preparation fee + miles 125.00 +1.75 per mile Project Cost / per participant up to 7.00 Day Camps (Action Sports, Youth Sports and Summer Day Camps)Text Change 521 Day Camp Fee 35.00-300.00 * Children under 12 years of age are not permitted in the Japanese Garden without supervision. ** Applies to locations outside of Fresno, CA PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 10 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Regional Park Vehicle Pass 510 Annual vehicle entrance pass (good at Roeding and Woodward Parks and Regional Sports Complex): Year round / per motor vehicle (Resident)40.00 50.00 521 Individuals meeting low-income guidelines as established by 20.00 25.00 PG&E’s FERA program * Text Change 521 Year round / per motor vehicle 5.00 3.00 New 7.00 521 Roeding Park Picnic Table Reservation Fee*489 Picnic Shelters (full day/year round/per table)15.00 20.00 521 Roeding Park Tennis Courts Text Change 521 Per court / per hour 3.00 Skate and Bike Park Facility Rental 489 Modular Park Rental/per hour (2 minimum) Up to 50 participants allowed 35.00 Concrete Park Rental/per hour (2 minimum) Up to 100 participant allowed 50.00 Option fee: Onsite Instructor/per hour Multiple instructors available for large groups 15.00 Security/Cleaning Deposit 9per facility)-flat/80%100.00 refundable * Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial to the City of Fresno. Director is authorized to negotiate parking packages to accommodate special events within the park. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Regional Park Entrance Fee (Roeding and Woodward Parks and Regional Sports Complex)* Year round / per vehicle in which a senior citizen (age 65 or older) is a passenger or driver Note: The Park Entrance Fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate. Holiday rate, per motor vehicle** ** Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day, Memorial Day, Father's Day, Independence Day (observed), Labor Day. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 11 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Woodward Park Entrance Fee*** Move 521 Year round / per motor vehicle 5.00 3.00 Woodward Park Picnic Table Reservation Fee*489 Year round / per table: Gazebo 12.00 15.00 521 Picnic shelters 30.00 Woodward Park Rotary Amphitheater Improvement Fee 510 As of 1/1/09 2.00 per attendee Urban Growth Management (UGM) Park Fees See Development Fees Department-UGM * Director is authorized to waive the user fee for special events which are determined to be beneficial 521 to the City of Fresno. One security guard will be present for the duration of the event. Additional Security may be required at the discretion of the Director of Parks, After School, Recreation and Community Services. Cleaning deposit and/or performance bond may be required for special events. Fees for additional security cleaning deposit and/or performance bond are not included in rental reservation fees and will may be charged to all groups at the hourly rates listed in the Master Fee Schedule. *** Director is authorized to waive the entrance fee for special events which he determines to be beneficial to the City of Fresno. Fees may be waived for participants only or for the duration of the event. *** Director is authorized to negotiate parking packages to accommodate special events within the park. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Year round / per vehicle in which a senior citizen (age 65 or older) is a passenger or driver Note: Park entrance fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 12 CITY OF FRESNO MASTER FEE SCHEDULE MEMORIAL AUDITORIUM RENTAL RATES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports* (at all City owned facilities that comprise the Fresno Convention & Entertainment Center, the Riverside Municipal and Airways Golf Courses. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket or attendee and on each round of golf 0.75 464 Memorial Auditorium Theater Rental *510 6 p.m. to 12 midnight 200.00 Delete 521 8 a.m. to 6 p.m.125.00 8 a.m. to 12 midnight Per Day 250.00 Text Change 521 Reservation Deposit **464 Up to 3 dates 100.00 effective 4-7 dates 200.00 4/1/2008 8 or more dates 300.00 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT *All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours. ** 20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date. Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80% refundable depending on the condiiton of the facility after completion of the rental agreement. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 13 CITY OF FRESNO MASTER FEE SCHEDULE ACTION SPORTS FEES Fee Description & Unit/Time Current Proposed Amnd Instructional Camps 486 6 Week Program (six 1 hour sessions on 6 consecutive Saturdays)120.00 Delete 521 4 Week Program (four 1 hour sessions on 4 consecutive Saturdays)100.00 Note: Minimum 7 registered campers per camp. Instructional Classes BMX Lessons (six 1 hour classes)40.00 Delete 521 Skateboard Lessons (six 1 hour classes 40.00 Mountain Bike Lessons (six 1 hour classes)40.00 Note: All classes are limited to 10 participants and must have at least five enrolled to begin the class. FEES MAINTAINED UNDER CONTRACT AGREEMENT Annual Membership - National Bicycle League 45.00 468 Local Race Fee - per rider*12.00 Local Practice - per rider 6.00 Regional Sports complex Paintball Facility Delete 521 Individual Play Individual Player 15.00 Individual Player with rental set 25.00 Group Play (mixed play must be paid by one person at one time)Delete 521 10 to 20 players 14.00 21 to 30 players 13.00 31 or more players 12.00 Private Groups Delete 521 Minimum of 10 players 15.00 w/rental sets 25.00 Tournaments Delete 521 Local 200.00 Affiliated 650.00 Extreme Paintaball Sports League 950.00 National Professional Paintball 2,500.00 BMX/Skate Contest Fees 489 Amateur Contest/Per Entry 15.00 Pro Contest/Per Entry 30.00 ** Supply deposits are 100% refundable Event packages include: 4 hours of paintball, semi Auto Marker, Safety Mask, Full 20oz tank of Co2 and unlimited refills, 500 rounds of paintballs and your own referees. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT * Family Local Race Discount: First two riders pay full price and 3rd or more riders receive 50% discount. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 14 CITY OF FRESNO MASTER FEE SCHEDULE FEES MAINTAINED UNDER CONTRACT AGREEMENT Fee Description & Unit/Time Current Proposed Amnd Regional Sports complex Paintball Facility - continued Delete 521 Weekend Event Package * Deposit (100% refundable)150.00 per event 8 to 20 people 40.00 each 21 to 30 people 38.00 each 31 to 40 people 36.00 each 41 or more 34.00 each Weekday Event Package **Delete 521 Deposit (100% refundable)240.00 perevent Minimum of 25 people 45.00 each Supply Prices Delete 521 Co2 0.17 perounce Conpressed Air 5.00 allday Rental Sets *10.00 per day/ 250.00 deposit required Rental Sets *5.00 per day/ 25.00 deposit required Rental Co2 Tank *5.00 per day/ 25.00 deposit required Youth Paintball Program (contact Dept for Details)Delete 521 Program Patricipant 5.00 each Japanese Garden Photo Fee 510 One professional photographer/per day/ per one hour session 35.00 Delete 521 Japanese Garden Weddings 510 1 to 100 participants 375.00 Delete 521 101 to 200 participants 600.00 Cleaning Deposit (refundable)100.00 Wedding Fee is for 3 hours additional hours 100.00 Delete 521 ** Supply deposits are 100% refundable *** Event must be set up at least 14 days in advance by calling Maximum Paintball Supply (the store) PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT * Family Local Race Discount: First two riders pay full price and 3rd or more riders receive 50% discount. Event packages include: 4 hours of paintball, semi Auto Marker, Safety Mask, Full 20oz tank of Co2 and unlimited refills, 500 rounds of paintballs and your own referees. All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 15 CITY OF FRESNO MASTER FEE SCHEDULE LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Environmental Assessment Fee - continued (all private and non-entitlement public projects)511 NOTE: Environmental Assessment fees shown with asterisks (*) will be reduced by 50 percent for the inner-City areas. Application/Filing Fees (on Fining of Conformity, Mitigating Negative Declaration) City filing fee/application + filing fees 55.00 511 County lerk filing fee/application + filing fees.50.00 464 Fire Department Review Private Project / per application 247.00 Police Department Review/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review Private Project / per application 91.00SS Traffic Engineering Review Tentative Parcel and Tract Maps Per application 91.00SS Fish and Game Filing Fee (for applicable projects)2,181.25 2,210.00 521 Payable to: County of Fresno (to be remitted to the State of California) Environmental Impact Report (EIR)511 Analysis of EIR for private projects and non entitlement public projects NOTE: All EIRs are billed based on total Staff Time & Materials with a base deposit required as listed.* Focus - minimum deposit 59,147.00 Program - minimum deposit 86,948.00 City filing fee 55.00 County Clerk filing fee 50.00 464 Fish and Game Filing fee for EIRs 3,029.75 3,069.75 521 Payable to: County of Fresno (to be remitted to the State of California) *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 16 CITY OF FRESNO MASTER FEE SCHEDULE SOLID WASTE RATES** Fee Description & Unit/Time Current Amnd Commercial Service Franchised Effective 12/05/2011 510 Commercial Recycling & Green Waste Service Franchised Effective 12/05/2011 510 Roll Off Service Franchised Effective 10/31/2011 510 Multi-Family Service Franchised Effective 12/05/11 510 Commercial/Multi-Family Recycling Service Franchised Effective 12/05/11 510 SOLID WASTE, NON-BIN/COLLECTION SERVICES*483 Single-family Residential effective Basic service / per month 9/1/2009 One 96-gallon container one day per week 25.37 Additional automated containers (12-month minimum) after first 96-gallon container: 64-gallon container / per month 7.43 96-gallon container / per month 10.25 96-gallon green waste container / per month 3.87 96-gallon recycling container / per month 3.74 Alternative service / per month One 64-gallon container one day per week 19.20 Senior Citizen (62 years or older) meeting all the conditions listed 483 below / per month:effective 1 Service must be in name of senior citizen;9/1/2009 2 Occupants of residence must be senior citizen or dependants of senior citizen; 3 Benefitting senior citizen must meet California Public Utilities Commission poverty level guidelines; 4 Benefitting senior citizen must notify the City when they no longer qualify. Basic service / per month One 96-gallon container one day per week 21.81 One 64-gallon container one day per week 16.51 Container Exchange 29.04 31.37 521 Container Exchange for New 64 gallon container 60.95 64.87 521 Container Exchange for New 96 gallon container 65.97 71.27 521 * Fee changes effective 09/01/09 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 PUBLIC UTILITIES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 17 CITY OF FRESNO MASTER FEE SCHEDULE SOLID WASTE RATES** Fee Description & Unit/Time Current Amnd Solid Waste, Special Haul 521 30 minute minimum 124.88 162.81 Each additional 15 minutes or fraction over 30 minutes +16.62 16.25 Foreman's Charge 44.67 40.05 521 MULTI-FAMILY RESIDENTIAL, NON-BIN/COLLECTION 483 SERVICES* **effective Basic service shall be 0.3 cubic yard in 45-, 64-, or 9/1/2009 96-gallon containers 64-gallon container, one day a week / per month 19.20 96-gallon container, one day a week / per month 25.37 ***This equates to one-half of the 96-gallon container rate. Additional automated containers (12-month minimum) after first 483 96-gallon container effective 96-gallon green waste container / per month 3.87 9/1/2009 96-gallon recycling container / per month 3.74 Container Exchange - Service Variance Recover costs to exchange, clean and re-inventory bins.128.93 Delete 521 Private Collection Collection Route Permit Year 325.00 Month 28.00 Service Location Permit Location per year 17.00 When service cannot be adequately provided by City: Construction and Demolition Private Collection Material Diversion Fee 17.70 Roll-off Franchise Application Fee 560.00 502 Code Violation Appeal Fee Single Family Residential up to two units 35.00 Multi-Residential with three or more units 55.00 Commercial Apartment Complex and Commercial Business 75.00 * Fee changes effective 04/01/07 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 PUBLIC UTILITIES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 18 CITY OF FRESNO MASTER FEE SCHEDULE WASTEWATER RATES** Fee Description & Unit/Time Current Amnd Hauled Waste Disposal 464 Septage Waste In-lieu 1,000 gallons2 69.812 06/05 Capital 13.496 O&M 56.316 Non Domestic Waste - per gallon 0.03 489 Hauled Waste disposal station badge:464 Replacement / per badge 25.00 Pretreatment Surcharges (monthly charges) Category I - Individual permit*27.54 Category II - General permit**4.05 Category III - No permit required***1.29 Category IV - All residential users 0.06 * All industrial high-strength and categorically regulated users. ** All commercial establishments which may require pretreatment and monitoring activity (automotive repair, bakeries--retail, car washes, hotels/motels with dining facilities, laundromats, markets with garbage disposals, mortuaries, nursing homes, printers, restaurants, shopping centers). ***No discharge of process water (automotive--retail, business/services). Special Charges and Penalties 435 Teleivsion Inspection/Sewer CCTV Inspection per hour (one hour minimum)134.39 513 CCTV Standby 15- minute period 33.60 513 Inspection cleaning for minor debris per hour (30 minutes minimum)141.09 513 Disconnection or reconnection inspection fee / per inspection 12.50 Discharge flow dye test / per hour 101.77 513 Combo Truck rate / per hour 152.39 513 Pretreatment Administrative Penalties 464 Notice of Non-compliance 250.00 480 Warning Notice 250.00 Notice of Violation 500.00 Consent Order 750.00 Compliance Order 1,000.00 Show Cause Order 1,000.00 Administrative cost recovery charges for failure to meet 464 reporting deadlines: First day late (after 5 business days grace period) / per day)45.00 Text Change 521 Each additional day late 22.50 1 There are 748 gallons in a hundred cubic feet. 2 Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Res. No. 2007-79 PUBLIC UTILITIES DEPARTMENT All fees effective 07/01/15 unless otherwise noted MFS Amendment #521 (November 2014) 10/29/20144:39 PM Page 19 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-554 Agenda Date:11/6/2014 Agenda #:1-C 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:November 6, 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 NO. B-48 (Intro. 10/30/2014)(For adoption) - 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#14-554 Agenda Date:11/6/2014 Agenda #:1-C 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#14-559 Agenda Date:11/6/2014 Agenda #:1-D APPOINTMENT November 6, 2014 SUBJECT Approve the appointment of Nicole Linder to the District 6 Plan Implementation Committee City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ To: Subject: Kelli Furtado; Ginger Barrett FW:APPUCATION FOR APPOINTMENT TO BOARD OR COMMISSION From: Clerk Sent: Wednesday, October 29,20L410:09 AM To: Cindy Bruer subject: FW: APPLICATON FoR APPOINTMENT To BOARD oR coMMISSIoN FYI From: Webmaster Sent: Tuesday, October 28,2074 5:09 PM To: Clerk Subject: APPLICATON FOR APPOINTMENT TO BOARD OR COMMISSION Name:Nicole Linder Home Phone: Home Address: Work Address: I - E-Mail Address: Council District: 6 Occupation/Employer: Children's llospital Central California Years: 1 Months: 0 Educational Background, schools Attended, Degrees and certifications : Bachelor of Arts Degree in Mass Communication and Journalism from California State University, Fresno, 1998 Professional and Community Affiliations: Association for Fundraising Professionals Rotary Club of Fresno For what Board or Commission are you applying? District 6 Plan Implementation Committee Briefly explain why you are interested in serving on this Board(s) or Commission(s): To engage in the community and learn more about the activities and businesses in my district. Do you or an immediate family member have any professional or financial relationship that may present a potential conflict of interest for this board, commission or similar body? I do not believe so. For full transparency, my profession is fund development for Childrenrs Hospital Central California. There is a possibility that some of the applicants would be considered donors to the hospital. If needed, I can excuse myself from their projects. Provide 3 Personal and Professional References. Provide name, address, and phone numh^r where they may be reached during the day. Sandy Brown, ' Work Phone: Teresa Fierro, - Charity Brown, City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-341 Agenda Date:11/6/2014 Agenda #:2-A REPORT TO THE CITY COUNCIL November 6, 2014 FROM:JENNIFER K. CLARK, Director Development and Resource Management Department BY:DEL ESTABROOKE, Parking Manager Parking Services Division SUBJECT Actions pertaining to Parking Permit Agreement between Housing Authority and the City of Fresno: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facility)of California Environmental Quality Act (CEQA) Guidelines; and 2.Approve a Parking Permit Agreement for 25 parking spaces in City of Fresno Parking Garage #7 located at 801 Van Ness at a base rate of $35 per month per stall for a two (2)year term (Council District 3). RECOMMENDATIONS Adopt findings of Categorical Exemption per staff determination,pursuant to Article 19,Section 15301/Class 1 (Existing Facility)of the CEQA Guidelines for the Parking Permit Agreement between the Housing Authority and the City of Fresno and approve a Parking Permit Agreement for 25 parking spaces in City of Fresno Parking Garage #7 located at 801 Van Ness at a base rate of $35 per month per stall for a two (2) year term with two (2) optional one (1) year extensions. EXECUTIVE SUMMARY The City of Fresno and the Housing Authority have worked diligently revitalizing the area near the downtown Inyo Street and Van Ness Ave Intersection.The former Droge building has been razed and a new building constructed.When completed,this venue will house both tenants and commercial activity.The footprint of the new site does not provide enough parking for the tenants of the new building.Additional parking in the amount of 25 parking stalls will be made available in the City of Fresno parking Garage located across the street at 801 Van Ness.The Parking Agreement has an initial term of two (2)years with two (2)optional one (1)year terms.Monthly rate can be renegotiated after the initial 2 year term.The $35 rate is comparable as this is an affordable housing unit for low and moderate incomes. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-341 Agenda Date:11/6/2014 Agenda #:2-A BACKGROUND The corner of Inyo Street and Van Ness Avenue in Downtown Fresno was home to the former Droge Building but has been vacant for a number of years.The building was actually held upright by steel poles and had deteriorated until it was structurally unsafe and it had to be demolished.The City of Fresno and the Housing Authority have reinvigorated this Intersection with a brand new multi-story building that will become the home of both residential and commercial use.The limited building footprint makes it impossible to provide onsite parking for the tenants.Across the street from this building is the City owned Spiral Garage that has capacity to hold close to 600 vehicles.Only approximately 25 parking stalls are required to meet the building’s needs.Visitor parking is also provided in the same parking garage. ENVIRONMENTAL FINDINGS Staff has determined that the proposed Agreement is exempt under CEQA Guideline 15301 Class 1, which provides exemption for the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing public structures and facilities,involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.The proposed Agreement is within the Class 1 exemption because it involves existing City parking structures and facilities involving negligible or no expansion of use. The above exemption is not precluded by Guideline 15300.2,which prevents the use of categorical exemptions for projects where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances,or where a project may cause a substantial adverse change in the significance of a historical resource.The proposed Agreement does not have a significant effect on the environment due to unusual circumstances,nor does it cause a substantial adverse change in the significance of a historical resource.None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not considered because this agreement does not include a bid or award of a construction or services contract. FISCAL IMPACT The parking agreement generates approximately $21,000 in revenue for the initial term. 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#14-488 Agenda Date:11/6/2014 Agenda #:2-B REPORT TO THE CITY COUNCIL November 6, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division SUBJECT ***RESOLUTION - Granting authority to the Public Works Director to delegate the authority to other City Departments to approve contract change orders for on-site public works of construction (All Council Districts) RECOMMENDATION Staff recommends the Council introduce the attached resolution granting authority to the Public Works Director to delegate the authority to other City Departments for the approval of contract change orders for on-site Public Works of Construction. EXECUTIVE SUMMARY From time to time,other City Departments wish to perform the construction management services for their own on-site public works of construction.Currently,the City has designated the Public Works Director to be the authority over Capital construction projects and the signing authority for Change Orders. This Resolution will allow for the Public Works Director to delegate the authority for approval of Change Orders to other City Department Directors on a case by case basis and only for projects not in the street right-of-way. BACKGROUND In 1984,Council adopted Resolution 84-142 establishing the processes for Public Works of Construction Change Order procedures for the City of Fresno.These procedures accounted for changes in scope and price and limited their approval based upon cost to the Public Works Director, Chief Administrative Officer for the City or the City Council. In following years,Council approved Resolutions 89-470 and 94-114 that raised the limits of the City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-488 Agenda Date:11/6/2014 Agenda #:2-B In following years,Council approved Resolutions 89-470 and 94-114 that raised the limits of the authority for changes orders and included the addition of time to construction projects under the Change Order Authority.In those two instances,the authority was never delegated to anyone but the Public Works Director to initiate the Change Order process. Occasionally,other City Departments wish to perform the construction management services for their own on-site public works of construction.To allow for other Departments to have the option of utilizing a third party Construction Management Firm on their on-site projects,the authority for Changes Orders needs to be able to be delegated to these prospective Department Directors. The attached Resolution will allow for the Public Works Director to grant authority,on a case by case basis,the authority to other Department Directors the approval of Change Orders on on-site projects in the place of the Public Works Director.The written permission will be given by the Public Works Director being signatory to the Council Report which will enable the other Departments to hire their third party construction management services.The Resolution also allows for the other Department Directors to sign construction contracts and resolve claims and disputes.It also requires that the delegated Department follow prevailing wage monitoring requirements and have a person who is in responsible charge of the work as required by the State of California Business and Professions Code Section 6700. This Resolution has been reviewed and approved as to form, by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the provisions of CEQA Guidelines Section 15738,this Resolution is not a project for purposes of CEQA. LOCAL PREFERENCE Local preference not implemented because approval of a Resolution is not an award of services or construction project. FISCAL IMPACT N/A Attachments: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, TO AMEND RESOLUTION 84- 142, AS AMENDED BY RESOLUTION 89-470 AND 94-114, ALLOWING FOR THE PUBLIC WORKS DIRECTOR TO DELEGATE THE AUTHORITY TO OTHER CITY DEPARTMENTS TO APPROVE CONTRACT CHANGE ORDERS FOR ON-SITE PUBLIC WORKS OF CONSTRUCTION WHEREAS, Resolution 84-142, dated April24, 1984, established procedures for the approval of certain Contract Change orders including the dollar amounts; WHEREAS, Resolution 89-470, dated December 12, 1989, and Resolution 94- 114, dated May 17,1994, amended the previously approved Resolution increasing the Charge Order authority amounts (collectively "Resolutions"); and WHEREAS, the Public Works Director may delegate his or her authority granted by the Resolutions to approve Contract Change orders for on-site work to other City Department Directors. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. With the Public Works Director's written permission, other City Department Directors may self-perform or hire third party construction management for their on-site public work of improvement. 2. The Public Works Director shall be signatory to the Report to Council when hiring third party construction management. Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1of 3 Resolution No. 3. The delegated City Department Director shall be authorized to sign the construction agreement, issue monetary or time extensions change orders as outlined in the Resolutions. 4. The delegated City Department Director shall be authorized to resolve claims and disputes which may arise for the public work of improvement. 5. The delegated City Department Director shall be required to follow prevailing wage monitoring requirements. 6. The delegated Department Director shall have a person who is in responsible charge of the work as required by the State of California Business and Professions Code Section 6700. 7. The delegated authority shall extend only to on-site work. The authority shall not extend to work within the City street right-of-way. ************** 2of3 STATE OF CALTFORNTA ) COUNry OF FRESNO ) ss. crrY 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 Vote: WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CIry ATTORNEY'S OFFICE BY: Brandon M. Collet Date Deputy 2014 2014 2014 3of3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-553 Agenda Date:11/6/2014 Agenda #:2-C REPORT TO THE CITY COUNCIL November 6, 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 (Continued from October 30, 2014) 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#14-553 Agenda Date:11/6/2014 Agenda #:2-C annual allocation of ESG funding.The two agencies will work together to release a request for proposals for federal fiscal 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 policiesCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-553 Agenda Date:11/6/2014 Agenda #:2-C 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#14-545 Agenda Date:11/6/2014 Agenda #:3-A REPORT TO THE CITY COUNCIL DATE:November 6, 2014 FROM:STEVE BRANDAU, Council President District 2 SUBJECT BILL - (For Introduction) - Amending Section 4-401 of the Fresno Municipal Code and repealing Sections 4-402, 4-403 and 4-404 of the Fresno Municipal Code relating to prevailing wages for public works RECOMMENDATION Staff recommends that City Council approve the amending Section 4-401 of the Fresno Municipal Code (“FMC”)and repealing Sections 4-402,4-403 and 4-404 of the FMC relating to prevailing wages for public works.The recommended action will allow the City to remain eligible to receive state grant and loan funding and other financial assistance for public utilities and public works capital projects after December 31, 2014. EXECUTIVE SUMMARY The proposed ordinance repeals Sections 4-402,4-403 and 4-404 relating to the determination of prevailing wages,reference to prevailing wages in notice of contract and exemption from payment of prevailing wages,and amends FMC section 4-401 to state the City shall pay prevailing wage consistent with Labor Code Sections 1770 et seq..The proposed ordinance is intended to comply with state law so that the City will remain eligible for state grant and loan funding and other financial assistance for public utilities,public works,or public transportation related capital projects after December 31, 2014. BACKGROUND General-law cities are required to follow state law and pay prevailing wages for public works projects; however charter cities have “home rule”governing powers that enable them to decide whether prevailing wage is required if the project is financed solely out of local revenues.Fresno is one of ten charter cities with a “partial exemption”to state prevailing wage requirements,and there are 41 City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-545 Agenda Date:11/6/2014 Agenda #:3-A charter cities with full exemption. Senate Bill 7 (“SB 7”)adds Labor Code section 1782,which prevents a city from receiving state funding or financial assistance if it has awarded a public works contract that does not comply with state prevailing wage requirements in the current year or previous two years.Even in the absence of awarding such a contract,the new law precludes a city from receiving such funding if the city has a charter provision or ordinance that would authorize a contractor to not comply with the prevailing wage requirements on any public works contract.At present,Fresno’s prevailing wage exceptions are set forth in Article 4 of the FMC,and unless modified by Council,would preclude the City from receiving state construction funds.On February 20,2014,a lawsuit was filed challenging the constitutionality of the SB 7,and the trial court found SB 7 to be constitutional.The trial court decision will be appealed. The proposed ordinance includes language that if SB 7 is invalidated,the FMC sections amended by the ordinance will be reinstated to read as they did prior to the passage of this ordinance. ENVIRONMENTAL FINDINGS This is not a “project”for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or services contract. FISCAL IMPACT There will be a significant fiscal impact to the City if the State deems that the City is ineligible to receive state grants,loans,and other financial assistance for public utilities,public works,or public transportation capital projects. Attachment: Ordinance City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Page 1 of 2 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 4-401 OF THE FRESNO MUNICIPAL CODE, AND REPEALING SECTIONS 4-402, 4-403 AND 4-404 OF THE FRESNO MUNICIPAL CODE, RELATING TO PREVAILING WAGES FOR PUBLIC WORKS. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4-401 of the Fresno Municipal Code is amended to read: SECTION 4-401. APPLICABILITY OF STATE LAW . [Pursuant to Labor Code section 1782 (Senate Bill 7 (2013)),] the construction by the city of its public works, being a municipal affair, [shall be governed by] the provisions of Labor Code Sections 1770 to 1781, as amended, shall apply to the city only to the extent that they are not in conflict with the provisions of this article. [,et. seq.] SECTION 2. Section 4-402 of the Fresno Municipal Code is repealed. SECTION 3. Section 4-403 of the Fresno Municipal Code is repealed. SECTION 4. Section 4-404 of the Fresno Municipal Code is repealed. SECTION 5. This ordinance shall become effective and in full force and effect at 12:01 a.m. on December 31, 2014. SECTION 6. This Ordinance shall no longer be of any force or effect upon the entry of a final judgment invalidating Labor Code section 1782 (Senate Bill 7 (2013)); in such an event, the Fresno Municipal Code sections amended by this Ordinance shall be reinstated to read as they did prior to the passage of this Ordinance. Page 2 of 2 * * * * * * * * * * * * * * 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 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-548 Agenda Date:11/6/2014 Agenda #:3-B REPORT TO THE CITY COUNCIL DATE:November 6, 2014 TO:FRESNO CITY COUNCIL MEMBERS, MAYOR, CITY MANAGER AND CITY ATTORNEY FROM:COUNCILMEMBER BRAND AND COUNCILMEMBER CAPRIOGLIO City Council Offices SUBJECT ***RESOLUTION - Adopt the “Water Conservation Act”, which will develop policies and practices that will conserve water usage by all City water customers and provide better overall management of City water resources Background For the past six years the “Great Recession of 2008” has taken a toll on City of Fresno services and the maintenance of City properties. This is particularly evident in the condition of City parks. The PARCS Department staff has been decimated by budget cuts and is only starting to rebuild this year. The City of Fresno is currently in stage two of its Water Shortage Contingency Plan. Both privately owned properties and publicly owned properties are now feeling the stress of limited watering schedules as evidenced by dying trees and browning landscapes. Both City residents and businesses are being asked to sacrifice by reducing water consumption. The overriding goal of this Act is to incentivize water conservation measures to all City water customers by offering cash rebates. This Act will also implement policies and practices to better manage City water resources. It will evaluate alternative water pricing strategies (i.e. tiered rates) to encourage and promote water conservation. The City’s Water Shortage Contingency Plan must also be updated. Salient policies included in the Act include the following: Enterprise Water Conservation Rebate Fund: This Act will establish a Water Conservation Rebate Fund of $250,000 per year for two consecutive years for a total appropriation of $500,000. It sets out policies for fund replenishment, eligibility for property owners and renters, procedures, site inspections and fund priority. The funds will be a restricted fund for use only as water conservation rebates. Residential & Commercial Property Water Conservation Incentives : The Act includes a specific list of water conservation incentives for all City water customers. There is a limitation of $1,000 per property. The City currently only offers a limited list of water conservation incentives including $50 rebates on low flow toilets and washers. All incentive rebates are on a first come first serve basis until City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-548 Agenda Date:11/6/2014 Agenda #:3-B the fund is depleted. New construction landscape standards: Policies and practices identified in this Act should be integrated into the 2035 General Plan. There needs to be detailed planning for long-term drought conditions. With the prospect of a prolonged drought, it is imperative for the City to layout landscape guidelines for future developments. Prioritizing City Water Resources: One goal of this Act is to implement a more efficient irrigation system citywide and provide cost-efficient maintenance. It will also prioritize sustaining large, mature trees and park areas. There is a major issue of large, mature trees dying at City properties. Implementing More Efficient Irrigation and Maintenance Practices : The current irrigation system for landscaped areas on City properties needs to be upgraded. This Act will implement best practices and new technology to improve our City properties while conserving water. Tiered Water Rate Structure: This Act will direct City staff to review and evaluate alternative water service pricing strategies to encourage water conservation. A water conservation pricing structure is more commonly referred to as a tiered water rate structure or inclining block rate structure. The number of tiers can range between 2 and 5. There are many cities in California using a tiered water rate structure. A tiered rate system offers lower rates for customers who conserve water and addresses some of the affordability issues brought up in the water rate debate. Assisting Low Income Customers:This Act will direct City staff to review and evaluate the legal, financial and institutional requirements associated with offering water users the option to average out a one-year water utility bill using equal payment installments similar to what PG&E offers its customers. This program would be offered to customers that request the option. Lifeline rates will also be evaluated to provide relief to low income water customers. Per Proposition 218, funds for a lifeline rate would require alternative funding sources such as the General Fund. Re-Evaluation of City Water Shortage Contingency Plan:The City currently uses a four-stage water shortage contingency plan that escalates water conservation policies based on certain conditions. This Act will direct City staff to review, evaluate, and prepare recommendations as necessary to update the City’s Water Shortage Contingency Plan and Section 6-6520 of the Fresno Municipal Code. An examination of water emergency plans offered by other cities suggests the City’s current policies can be updated to promote and encourage more efficient outdoor irrigation practices so that users of public water can conserve water without severely degrading landscaped areas of the community. This Act recommends that the City Manager have the discretion to approve exemptions to the Water Shortage Contingency Plan. Recommendation It is recommended that the Council pass this Act to encourage and promote water conservation, better management of City water resources, and evaluation of alternate water pricing strategies and updating the City’s Water Shortage Contingency Plan. Attachments Water Conservation Act City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-548 Agenda Date:11/6/2014 Agenda #:3-B Resolution : City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ESTABLISHING A POLICY ENTITLED "WATER CONSERVATION ACT" WHICH WILL DEVELOP POLICIES AND PRACTICES THAT WILL CONSERVE WATER USAGE BY ALL CITY WATER CUSTOMERS AND PROVIDE BETTER OVERALL MANAGEMENT OF CITY WATER RESOURCES WHEREAS, for the past six years, the "Great Recession of 2008" has taken a toll on City of Fresno services and the maintenance of City properties; and WHEREAS, this is particularly evident in the condition of City parks, and PARCS Department staff has been decimated by budget cuts and is only stafting to rebuild this year; and WHEREAS, the City is currently in stage two of its Water Shortage Contingency Plan; and WHEREAS, both privately owned properties and publicly owned properties are now feeling the stress of limited watering schedules as evidenced by dying or near dying lawns, shrubs and trees; and WHEREAS, both City residents and businesses are being asked to sacrifice by reducing water consumption; and WHEREAS, the overriding goal of the Act is to incentivize water conservation measures to all City water customers by offering cash rebates; implement policies and practices to better manage City water resources, including updating the City's Water Shortage Contingency Plan; and evaluate alternative water pricing strategies (i.e., tiered rates) to encourage and promote water conservation. Date Adopted: Date Approved: Effective Date: City Attorney Approval: 1of 2 Resolution Adopting Water Conservation Act NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: SECTION 1. The Council hereby adopts the attached Exhibit "Au Water Conservation Act as a formal Council policy. SECTION 2. This resolution shall become effective upon its adoption. ilt ilt STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO SS. l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adoptedopted by the Council of the City of Fresno, at a regular meeting held on day of ,2014.the AYES :NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Veto: Mayor Approva l/No Return: 2014 2014 2014 2014 WONNE SPENCE, CMC City Clerk BY: Deputy 2of2 Resolution Adopting Water Conservation Act Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Katie Doerr Assistant City Attorney Page 1 of 15 CITY OF FRESNO WATER CONSERVATION ACT October 29, 2014 The following policies are enacted to develop policies and incentives to encourage water conservation in our City. Page 2 of 15 TABLE OF CONTENTS Page Preface 3-4 Article I Definitions 5-7 Article II Purpose of Act 7 Article III Enterprise Water Conservation Rebate Fund 8-9 Article IV Residential Water Conservation Incentives 9-10 Article V Commercial Water Conservation Incentives 10 Article VI New Construction Landscape Standards 10 Article VII Irrigation Evaluation and Consultation 10 Article VIII Prioritizing City Water Resources 11 Article IX Managing City Water Usage on City Properties 11-12 Article X Tiered Rate Structure 12 Article XI Assisting Low Income Customers 13 Article XII Water Shortage Contingency Plan 13-15 Article XIII Effective Date 15 Page 3 of 15 PREFACE “By failing to prepare, you are preparing to fail” – Ben Franklin The policies presented in this Act will be administered and enforced by the City through existing Fresno Municipal Code, Water Shortage Contingency Plan, Water Conservation Program, and Utility Billing and Collections. The intent of this Act is to better align these regulations, plans, programs, and services to promote and encourage water conservation in a manner that serves the best interest of all users of the City’s public water supply system. At all times, the City will ensure that water conservation policies, practices, goals, and objectives are consistent with federal, state, and local laws, regulations, and ordinances. The City of Fresno has several pro-active programs to address the community’s water supply issues including a water conservation program that has been actively promoting activities that lower water demand since about 1981. Water conservation is the beneficial reduction in water use, waste, and loss. Conservation is the most economical and environmentally protective resource management tool available, helping Fresno meet the many challenges of water supply management. Our community has responded to the challenge of the ongoing drought crisis and is once again showing why Fresno has been a leader in water conservation for over 20 years. Over the past five years, customer conservation efforts have resulted in a drop in average daily water usage from about 329 gallons per person per day down to less than 240 gallons per person per day. The City has officially reported water production totals showing a sharp drop in water usage from the same months in 2013 and a continued overall decline in water usage for the year. The reductions help meet Governor Brown’s call to cut water use statewide. The City continues to re-visit its plans to provide a safe, clean, reliable water supply so that Fresno can potentially become drought-resilient. However, the continued drought and other negative forces can affect our City’s quality of life. The City of Fresno is currently in stage two of its Water Shortage Contingency Plan. Both privately owned properties and publicly owned properties are now feeling the stress of limited watering schedules as evidenced by browning of some lawns, shrubs and trees. Lawns can recover, shrubs are not expensive to replace but older, mature trees must be preserved. No one is certain how the long the drought in California will continue but we do know there is historical precedence of long-term drought conditions in our state and we must Page 4 of 15 prepare for the worst to preserve our way of life. For the past 80 years, our water table has dropped about a foot per year. The substantial reduction of surface water allocations in recent years from Friant and the Kings River and the lack of capacity for water treatment plants have resulted in over drafting of our aquifer to perilous levels. Both City residents and businesses are being asked to sacrifice by reducing water consumption. While the City currently has water conservation programs that offer a number of beneficial services that help customers to conserve water, the overriding goal of this Act is to increase and incentivize water conservation measures for residents by offering additional services and cash rebates. A related financial incentive to water conservation will be the introduction of tiered water rates that will offer discounts for residents who conserve water. Corollary to the rebate program is the utilization of new irrigation technologies that will enable both residential and commercial properties to better irrigate their landscapes using less water and energy and saving money. Furthermore, the City needs to incorporate new construction landscape standards for future residential and commercial properties to address the potential of long-term drought condition in how it plans for future growth. Finally, this Act will develop policies and practices to prioritize City water resources and better manage water usage on its properties. It will also provide a needed update to its Water Shortage Contingency Plan. There is a crisis looming in the potential loss of 25 year old plus mature trees unless the City addresses this issue through improved and more efficient irrigation and maintenance practices. Page 5 of 15 ARTICLE I DEFINITIONS Artificial Turf Artificial turf is a surface of synthetic fibers made to look like natural grass. It is also referred to as synthetic lawn. It was originally used in sports stadiums but its use has now spread to residential and commercial properties to reduce maintenance costs and water costs Black Water Black Water is used to describe wastewater containing fecal matter and urine. It is also known as foul water or sewage water. Cistern A Cistern is a waterproof receptacle (a tank or container) for holding rainwater. They are built to catch and store rainwater. City “City” means the City of Fresno, a municipal corporation. Conservation Orientated Rate Structure A Conservation Orientated Rate Structure is a rate structure adopted by a city or governing board to reflect the cost of providing water, sends a price signal about the marginal cost of additional water, and encourages efficient use of water by customers. Enterprise Funds A fund established to account for operations that are financed and operated in a manner similar to private business enterprises, where the intent of the government body is that the cost of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Fresno Municipal Code Section 6-520 The City Code Section contains wastage of water and water conservation measures and outlines mandatory prohibitions and restrictions that are in place under normal water supply conditions in the City and provides language to implement additional conservation measures based on certain conditions. General Fund Revenues of the City that are not otherwise restricted as to their use, including monies from local property and sales tax, and other revenue sources. The General Fund pays for core City services including police, fire, public works and parks. Grey Water Grey water is household water that does not contain contaminants that can be recycled onsite for uses such as landscape irrigation. Page 6 of 15 HCF HCF is one hundred cubic feet. This unit of measure is used to meter water consumption in the City of Fresno. One hundred cubic feet is equivalent to 748 gallons. Micro Irrigation Micro Irrigation is also known as trickle irrigation or drip irrigation. It is defined as the application of water at low volume and frequent interval under low pressure applied directly above and below the soil surface as continuous drops or tiny streams through emitters placed along a water delivery line. Rain Sensor A Rain Sensor is a switching device activated by rainfall. In a household application, the switching device is connected to an automatic irrigation system controller that causes the system to shut down in the event of rainfall. Rainwater Harvesting Rainwater Harvesting is the practice of capturing, infiltrating or utilizing rainfall from roofs, construction catchment surfaces and other sources for reuse before it reaches the aquifer. Its uses include water for gardens and water for irrigation. Rate Stabilization Reserve Funds The Rate Stabilization Reserves are designed as a source of funds to mitigate future rate increases in Enterprise Funds such as water and wastewater funds. The “Rate Stabilization Funds” help smooth out annual fee increases on water and sewer bills. These reserve funds are to be used exclusively for the operation and maintenance of the water and wastewater systems. High-Efficiency Rotating Sprinkler Nozzles Rotating sprinkler nozzles use up to 20% less water than a standard sprinkler head by distributing water more slowly and uniformly to the landscape, while preserving plant health. Smart Controller Smart Controllers estimate or measure depletion of available plan soil moisture in order to operate an irrigation system, replenishing water as needed while minimizing excess water use.Controller must be able to run the City of Fresno outdoor watering schedule. Soil Moisture Sensor A Soil Moisture Sensor is connected to an irrigation system controller that measures soil moisture content in an active root zone before each scheduled irrigation event and bypasses the cycle of soil moisture is above a user defined set point. Water Conservation The beneficial reduction in water use, water waste and water loss. Page 7 of 15 Water Shortage Contingency Plan This is a City policy is included in Chapter 9 of the 2010 Urban Water Management Plan for the City that provides a combination of strategies for temporary supply and demand responses to temporary and potentially recurring water supply shortages and other water supply emergencies with four escalating stages of implementation. Xeriscaping A landscape method or design developed especially for arid and semiarid climates that utilize water-conserving techniques for use in residential, commercial or public land. Other current common terms in use are: water-wise, drought tolerant, drought resistant. ARTICLE II PURPOSE OF ACT The purpose of this Act is to describe the water conservation policies, practices, goals, and objectives that apply to the residents, businesses, industries, and institutions that rely on the City of Fresno’s public water supply system for water service. This Act will develop policies and practices that will conserve water usage by all City water customers and provide better overall management of City water resources. Objectives of Act: 1. To reduce water consumption citywide for City water customers; 2. To establish a water conservation rebate fund for City water customers; 3. To develop more efficient irrigation systems for all City owned properties; 4. To prioritize water usage for City properties that will ensure that large mature trees will be preserved; 5. To establish residential and commercial landscape development standards as set out in Assembly Bill 1881 Model Water Efficient Landscape Ordinance. 6. To evaluate the using of alternative water service pricing strategies to encourage and promote water conservation; and 7. To update the City’s Water Shortage Contingency Plan. Accomplishment of the above stated objectives would better prepare the City for drought conditions to ensure the long-term sustainability for the City and less reliance on ground water. Page 8 of 15 ARTICLE III ENTERPRISE WATER CONSERVATION REBATE FUND The City’s Water Division shall establish a Water Conservation Rebate Fund. The fund shall be established at $250,000 per year for two consecutive fiscal years for a total appropriation of $500,000.This will be a restricted fund for use only as water conservation rebates as promulgated in this Act. Eligible customers will receive a cash rebate for approved rebate applications. Fund Replenishment When the initial fund is depleted it shall require a majority vote of Council to replenish the fund. A majority of the Council will also determine the amount to be replenished. The decision to replenish the fund shall be based upon demand and availability of funds. Eligibility for Property Owners All City Water Utility customers including County Island residents using City water services are eligible for the water conservation rebate program. Water Utility customers must provide a copy of their City utility bill and be current and good standing on their accounts. Only water efficient devices listed and approved by the City maybe removed or retrofitted. Eligibility for Rentals and Leased Properties Tenants of residential properties and lessees of commercial properties can be eligible for water conservation rebates if approved by the owner of record. Landlords of residential or commercial properties must sign an application that confirms the legal owner of record is aware of and consents to the tenant/lessee to carryout plumbing or outdoor retrofits at the subject property. Procedures All applicants must complete a water conservation rebate application form and include legible copies of supporting documents including proof of purchase of approved water conservation devices and/or installation. Proof will include receipts, contract agreements, and, if necessary, a plumbing permit. Site Inspections The City has the right to audit any approved water conservation rebate items to verify qualifying conditions, including installation of any water saving product. Site visits may occur and applicants shall be randomly selected. Any audit that which determines that the applicant does not qualify or that the water saving item was not installed or not properly installed may be subject to repayment of any rebate. Fund Priority All rebates shall be paid on a first come first serve basis based upon receipt of a completed application form. Funding is limited to available resources; rebate amounts Page 9 of 15 are subject to change without notification. Rebates shall at all times be subject to change or termination with notification. ACTICLE IV RESIDENTIAL WATER CONSERVATION INCENTIVES City of Fresno currently offers many water saving evaluations and services to assist customers save water at no charge. There are also several water conserving devices available and rebates available. Current City of Fresno Water Conservation Evaluations and Services Assisting Customers include: Free Water-Wise landscape consultation and design Free Irrigation efficiency audit Free help setting irrigation timers Free Interior and Exterior water leak surveys Free Water Meter use graphs and reports Free Water conserving hardware Public outreach and education Rebates Enforcement of Fresno Municipal Code watering regulations Water Conservation Hotlines This Act would increase water conserving incentives for customers by increasing the rebates and budget. The number of rebates and amount of rebates for qualifying appliances shall be determined based on available budget funds and through a study of similar rebates provided by other water conservation programs. The application will detail terms and how a customer can qualify. The following rebates are either currently being offered or are under review: Item Description Proposed Rebate Recirculating Hot water pump Range $50 to $100 subject to evaluation Smart Irrigation Controller Range $50 to $100 subject to evaluation Micro Irrigation System Retrofit Range $50 to $100 subject to evaluation Soil Moisture Sensor System Range $50 to $100 subject to evaluation Rain Sensor Range $50 to $100 subject to evaluation Rainwater Harvesting system Range $50 to $100 subject to evaluation High Efficiency Toilets $50 per toilet High Efficiency Toilets CII $50 per toilet High Efficiency Urinals CII $100 per urinal High Efficiency Clothes Washers $50 per washer Ultra High Efficiency Shower Head No charge with water audit or upon request High Efficiency faucet aerators No charge with water audit or upon request Hose nozzle No charge with water audit or upon request Page 10 of 15 High-efficiency Rotating Sprinkler Nozzles Up to $4 per nozzle Window Evaporative cooler $100 per unit Lawn to Garden Conversion Pilot $.50 per square foot Car Wash coupons $2 each Users of the City’s public water supply system can use any combination of the above credits. The combined maximum credit per account cannot exceed $1,000. ARTICLE V COMMERCIAL WATER CONSERVATION INCENTIVES This Act includes water incentive rebates for all City customers. Some conditions apply to multifamily complexes, commercial or industrial properties. Depending on the results of the residential water rebate program, this Act may be amended to include multi family, commercial and industrial properties in a rebate program ARTICLE VI NEW CONSTRUCTION LANDSCAPE STANDARDS This Act will recommend landscape standards for future residential and commercial properties consistent with the adopted 2035 General Plan. The City will need to address the potential of long-term drought conditions in how it plans for future growth to better manage its water resources. This should include requirements for all new public parks to have separate irrigation for trees. Future developments must have an identified long- term water source. ARTICLE VII IRRIGATION EVALUATION AND CONSULTATION City staff will continue to offer free water saving evaluations for City residents upon request. The City will also explore purchasing large quantities of water conserving devices (e.g. smart controller) and offer discounted prices to City residents and businesses. The City shall establish water conversation demonstration sites at convenient locations in the City to allow residents to meet with City staff and better understand the application and benefits of water savings devices. Page 11 of 15 ARTICLE VIII PRIORITIZING CITY WATER RESOURCES A combination of inadequate funding and a prolonged drought have taken a serious toll on the trees, shrubs, and grass areas of City owned properties. This is especially true in most City parks. Bermuda grass is very resilient and shrubs can be replaced. Older, mature trees across the City are a valuable community treasure and must be preserved. This Act shall require the City to prioritize its water resources and develop more efficient irrigation systems to preserve our older mature trees on all City properties. City residents shall also be encouraged to adopt some of the water saving, more efficient irrigation systems to protect their trees and landscape. Dedicated staff for tree maintenance and irrigation The City should explore deployment of a special tree maintenance and irrigation team that will be dedicated to creating and maintaining a tree inventory to identify and evaluate current tree conditions and focus on restoring mature trees on City properties in danger of dying from lack of water or disease. Areas of community benefit such as City Parks, sports areas and botanical gardens should also receive special consideration. ARTICLE IX MANAGING CITY WATER USAGE ON CITY PROPERTIES There are four stages of City water use policies based upon the several conditions including water usage and water availability. The City owns hundreds of acres of parks and other properties where the City has responsibility to manage the irrigation systems and maintenance. It is essential that the City lead by example and develop policies and practices to implement the various drought stages and be in full compliance with its own water preservation standards and recognize priorities within City properties. City staff should review best practices in other cities and consult and collaborate with the private sector or other public entities in developing ‘Smart Water’ practices on a citywide basis including evaluating irrigation systems. As part of these practices the City shall implement an action plan including the following: 1. Start the process of converting all tree irrigation to bubblers or drip irrigation; 2. Establish water irrigation lines in water isolated areas for trees to have a permanent ground water source instead of relying on water trucks that are used on an inconsistent basis; 3. Re-design City properties irrigation systems to be focused on sports areas (i.e. golf courses, baseball fields, etc.) and not on passive green space; Page 12 of 15 4. Develop a citywide plan to convert non public green spaces to native plant or wild flower plantings and educate the public on the visual impact; 5. Install smart controllers that communicate in park clusters and weather station data systems that determine irrigation by micro climate information; 6. Begin aerating and fertilizing park turf areas on a yearly basis to force roots to go deeper into the soil establishing a healthier and more resilient turf for hot summer periods; 7. Adopt new water technologies for irrigation systems and water management that will minimize water waste and dry areas in City parks; and 8. Train all City employees to be more knowledgeable of water conservation so that they are able to identify irrigation related issues and report them for corrective action. 9. Develop a budget for implementation of the above items that will be presented to Council for approval. The City shall also explore state and federal funding sources for adoption of ‘smart water’ practices and policies to fund necessary citywide irrigation system costs and ongoing maintenance costs. ARTICLE X TIERED WATER RATE STRUCTURE This Act will direct City staff to review and evaluate the legal, financial, and institutional requirements associated with implementing a water conservation pricing structure for water service. A water conservation pricing structure is more commonly referred to as a tiered water rate structure or inclining block rate structure. There are several cities in California and other states that use a tiered rate structure to promote and encourage water conservation. A tiered rate structure establishes different unit cost rates based on different levels of consumption or blocks of consumption. The number of tiers can vary from two to five. In a typical tiered rate structure, the first tier of water consumption is set based on average annual consumption, winter consumption, or some other basis. The objective is to establish the first tier of water consumption at a level that at a minimum accommodates the basic public health and sanitation needs of the customer class. Individuals are allowed to use more water than available in the first tier, but the unit cost of water increases as consumption increases. The degree of change in unit costs between water use tiers or blocks is based on many factors; but the two most important factors are 1) the water use patterns of the Page 13 of 15 community, and 2) the costs required to produce, treat, and deliver water under different conditions (winter, summer, maximum day, maximum hour, etc.). Ultimately, water rates must be set to generate sufficient revenues to fund the current and future costs for the management, administration, operations and maintenance, upgrade, improvement, and expansion of the public water supply system. ARTICLE XI ASSISTING LOW INCOME CUSTOMERS This Act will direct City staff to review and evaluate the legal, financial, and institutional requirements associated offering water users the option to average out a one-year water utility bill using equal payment installments similar to what PG&E offers its customers. This program would be offered to those customers that request the option. Winter months are typically low water usage and summer months are higher due to more water usage on landscape irrigation. The equal payment option would allow residents ter to make it easier for City residents to budget the costs and adjusted semi- annually or as needed. Some tiered structures offer ‘Lifeline Rates’ that provide relief to low-income customers. Low-income households are charged lower rates on that portion of water consumption that provides basic needs and higher rates are assessed on water consumption beyond that amount. Equitable pricing is essential to the success of a water conservation program and the basic operation of the water utility. Per Proposition 218, funds for a lifeline rate would require alternative funding sources such as the General Fund. ARTICLE XII WATER SHORTAGE CONTINGENCY PLAN This Act will direct City staff to review, evaluate, and prepare recommendations as necessary to update the City’s Water Shortage Contingency Plan and Section 6-520 of the Fresno Municipal Code. The City currently uses a four-stage Water Shortage Contingency Plan that escalates water conservation policies based on supply, demand and emergency conditions. The original Drought Contingency Plan was adopted in 1989; the Water Shortage Contingency Plan was adopted in 1994; and the 2010 Urban Water Management Pan updated the 1994 Water Shortage Contingency Plan. An examination of water emergency plans by other cities suggests that the City’s current policies can be updated to foster, promote, and encourage more efficient outdoor irrigation practices so that users of the public water system can conserve water without severely degrading landscaped areas in the community. Page 14 of 15 The current policy should be updated to better assess the level of water conservation measures utilizing new technologies and innovations in water conservation for residential, commercial and industrial properties. Providing a more detailed policy will allow for exceptions on the watering schedule or other measures. During the review and evaluation of the current Water Shortage Contingency Plan and the Fresno Municipal Code, City staff shall consider developing recommendations for the following: 1. A review process for residential, commercial and industrial property owners that desire to apply for an exemption from certain Water Shortage Contingency Plan conditions (i.e. outdoor watering limited to 2 days per week). The review process should consider if the applicant can conclusively demonstrate that their irrigation system is water tight (i.e. no leaks) and the applicant has implemented water efficient irrigation technology and systems (i.e. drip irrigation system). 2. The review process shall authorize the City Manager, or designee of the City Manager, to approve exemptions to the Water Shortage Contingency Plan to address (1) adverse public health, safety, welfare and sanitation conditions; (2) degradation of the environment; (3) economic hardship; (4) conflict with other federal, state, or local laws, regulations, and ordinances; (5) degradation of other public assets and investments; and (6) other factors deemed important to the character and quality of life in the City. 3. Exemptions from outdoor water restrictions should be considered for the following: A) Supervised testing, adjusting, or repairing of irrigation systems; B) Watering or irrigating shrubs and trees, or vegetation intended for human consumption. C) Watering or irrigating to establish new permanent landscapes. Such watering or irrigating could be authorize by permit only, and no more than one permit would be issued for an address per year; D) Public or private active recreation areas that provide a public benefit, and are open and available to all residents of the community. E) Public or private landscaped areas over three acres in size that provide a public benefit, and are open and available to all residents of the community. 4. The Stage 2 Water Restrictions should be amended to allow the following: A) One-day per week water from December 1st through March 31 st Page 15 of 15 B) The hours for outdoor water should be changed 9am to 9pm. 5. The water conservation stage triggers shall be based on available water supply rather than a percentage reduction of its water supply. See Exhibit ‘A’ for revised stage trigger guide. ARTICLE XIII EFFECTIVE DATE This resolution shall take effect XXXXXXXXXXX RTCEf V ED ¡ùil Nüti I Pn 3 1T Agenda ltem: lD#14-548 (3-B) Date: Ltl6lt4 crTY 0LERH, FREmESNO CITY COU NCI L City ofÉo=alts\l/z:¡-fflE-=_Ez¿¡rs Supplemental lnformation Packet Agenda Related ltems - lD#14-548 (3-B) Supplemental Packet Date: November 4,2Ot4 Item(sl RESOLUTION - Adopt the "Water Conservation Act", which will develop policies and practices that will conserve water usage by all City water customers and provide better overall management of Gity water resources - Councilmembers Brand and Gaprioglio 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(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 at 62L-765O. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Security. GFìEATEtr FFìESNO AFIEA CHAMBEFI ,/'COMMEFICE November 4,20L4 Council President Steve Brandau Members of Fresno City Council Fresno City Hall 2600 Fresno Street Fresno, CA9372l RE: City of Fresno Water Conservation Act SUPPORT Mr. Brandau: The Fresno Chamber of Commerce's Government Affa¡rs Councíl (GAC) had the privilege of hearing Council Members Lee Brand and Paul Caprioglio present their Water Conservation Act at public meet¡ng on Monday, November 3''d,zOL4.The GACvoted unanimoudy in favor of the Act and I hope you too see the merits of this plan. The business community found value in incentivizing conservation efforts among residents by offering S1,000 rebates per household for replacing pumps, fauceÇ appliances, etc., and capping the cash rebates at 5250,000 annually. The conservation evaluation by a city worker is a great idea and the City could even consider partnering with private business to expand the number of experts available to offer the service. Prioritizing water¡ng to maintain trees on City property is also pararnount. The City should be taking the lead on researching and implementing smart irrigation s.ystems to conserve water while preserving the trees that shade and clean the air for all residents. lfs also t¡me to revisit the landscape standards for residential commercial development to ensure whafs required is feasible to maintain in light of the ongoing drought. The GAC believes a thorough study of how the City's drought plan can be reúsed to avoid zero watering days is essent¡al because calling for residents to let their yards díe seems unreasonable and unrealistic. Moreover, the notion that this Act is a living document that can and should be amended is crucial as more funding becomes avaÍlable, technology advanceg and the drought progresses. Thank you to Mr. Brand and Caprioglio for submitting this plan to the GAC Please let me know how we can be of help with this project in the future. Sincerely, l'^ +"--' Ruth Evans Vice Chair Governmenta I Affairs 2331 Fresno Slreet . Fresno. CA 93721 . (5591495-4800, Faxl559!495-4$[1. www-fresnochamber.com GtrEATEtr FtrìESNO AREA Cc Oliver Baines Lee Brand PaulCapr ¡o Clint Olivier SalQuintero Blong Xiong 2331 tresnoStreet . Fre¡no, CAgf,|Z1 . 15591{95-{804. fax1559l495-1811. www-frlrnoch¡¡bsr-eo¡ € Þ -{ rTI ru Õ ö z. t/t m ñ -{n C) z, Þ ñ -{ ! oul rD Jt+oo-q tìoc J o. Jo 3uo-tul t-oo (p -to')o- ao-u fl,c ñ o,E =.o('o_ o B/\TKffiR#LJ¡\Jffi il Several hours researching other cities'water conservation rebate prograffis, water management policies, & drought contingency plans H Started out as primary obj ective of promoting water conservation rebates & expanded to address the crisis in our parks with dozens of dying trees ffi This Act is a collaboration of pr¡vate sector experts & City staff n The confl uence of 6 years of budget cuts & three years of drought have severely impacted the City ENDORSEMENTS The Fresno Chamber of Commerce GAC The Greater Fresno Apartment Association PLj RFtSH üF,-\'il-i- ffi The overriding goal is to incentivize water conservation for all City water customers by offering an expanded list of water rebates n To implement policies & practices to better manage City water resources - cost effective ffi To develop more efficient irrigation systems for all City owned properties ffi To prioritize water usage for City properties To evaluate alternative water service pricing strategies that encourage and promote water conservation To update and amend the City' s Water Shortage Contingency Pla n GOALS & NEXUSTO CITYWATER RATE PLAN Recommendations the City's upcoming weeks. in this Act will be tied directly to water rate proposal in a few The City of Fresno will become a leader in water conservatioî, water managemert, and smart Water technolo gy and innovation. The City will determine our water policies and not the State of Ca liforn ia E NTE RP RI S E WATE R CO N S ERVATIO N REBATE FUND W¡ I I establ ish/amend Water Conservation Rebate Fund for Sz5o,ooo per year for two years All City water customers including County lsland residents and businesses are elig¡ble for rebates Tenants of residential and commercial properties may also be eligible All appl¡cants must complete an appl¡cation form The City will randomly audit with site inspections ro'+, cgc¡ .:lUl 'r= GJ- f¡-- (u-c rJP(-o.--OccoroË o_\./ !-ôg l- -'=o O!-:(UPË\., \\ '== ^ä'.9rJyc(uroç l-LÈtrÈ'Oour c Lr'=5E.gOcotJ roE zo tr É,IJ U)zoU É, LTJl- =J :- IJJF\Z/ -Lu l'-oz au É, 4- N EW CONSTRUCTION LAN DSCAPE STANDARDS This Act will recommend that landscape standards for residentiâ1, commercial and industrial uses be evaluated and adopted in the 2035 General Plan through the Development Code PRIORITI ZING CITY WATER RESOU RCES This Act will ask the City to pr¡oritize its water resources and develop more efficient irri gation systems to preserve older mature trees and rec reatio n a rea s. The City should explore deployment of a special tree maintenance and irrigation team that will be dedicated to creating and maintaining a tree inventory to identify and evaluate current tree conditions and focus on restoring mature trees on City properties. MANAGING CITYWATER USAGE ON CITY PROPERTIES City staff will be asked to review best practices in other clties and the private sector in developing 'Smart Water' practices on a citywide basis i ncl ud i ng irrigation systems. Councilman Capr¡oglio will explain in more the implementation plan detail oPUlEË ., r'nËÞ seE.H PQ(u E = T ; T, fl -ö Ero:ìL ı;#ËgËs=-;ÈE*ËEEË!ä .FEÞq3=:'ÉtrEfrpÉ=E5€gro = ctE Þ 5: o ." iã åËåB3EË FË=çsEEı=,SbË:ËHËáÈıËÚ*g =,EEeËculiEg=:j8fi5å'Ë!sE Í9ËÈËEiEEäË# Ë ãì s3 & ]il É,f F.-tJ Ð É,l'- Ø LU l-- u É, LU F,- 3 âlrl É, lJl tr ASSISTING LOW INCOME CUSTOMERS ave ra9e installm This Act will direct City staff to review and evaluate and institutional requi rements associated with offering water users the option to out a one-year water utility b¡ll using equal ents similar to what PG&E offers. Some tiered price structures offer 'Lifeline Rates' relief to low income ustomers. Prop z:,9 proh¡bits Water Enterprise funds to subs¡d¡ze certain customers but specialfunds (i.e. insurance settlement funds) or General Funds can the legâ1, fi na ncia l, that provide be used for decision Lifeline Rates based on Council policy z J â- Uzlrl(9z ËzotJ LtJ L? Þ É,or m É, l¿¡ ]-- F o!-Ú EF ıç¡¡r_rJ.yO_ ¡-l.ft-iF, É d o, P: F-o qj ç E tr.g c ooÈ.9lE.iro p+= t-'+' 9 ä +o. €E=9.=üE*- oy È 9=oð g 1 Iroioq=roôb oE+Þ=EEE? ÊSËFËË.þE rO Ë Y u; F;S 3 r o cn;:-o-<u =;E€+ÈÈE' = A(/ìSFcurolo2àb€sil;€ H'ÞEg.eıÞp?EE-+i;i'= E I 1+ E 3Ë gãË3fr=Fe8;Ë^g:9t=à+Ul'1_l:i.^,!-(|JO.^F CI l\J rl O-u u N rt¡ Iz J o- \Jztrl (.,z trzo\J UJ \, ÍvxôY trJF-(/) r É. ¿' tJJ l--bz =ü WATER SHORTAGE CONTINGENY PLAN - CONTINUED 3 The Stage z Water Restrictions should be amended to allow: r) one day per week watering from December 1't though March 31't and 2) The hours of outdoor water should be changed togAMtogPM The water conservation stage triggers should be based on available water supply rather than a percentage reduction of its water supply. Councilman Caprioglio wi I go into more detail on the review process conditions and proposed exemptions for outdoor water restrictions (\. (- T- .9 -o- Eo(J tJo #l.J ,9 (- -{J Uìc IE ol-o- ã fu =.F P foer- B -or¿uì(U(Uroq,¡Ol ^^(-(-^(--f Lrltr tr\O tr WHAT WI LL TH IS ACT ACCOM PLISH. CONTINUED 7) lt wi speci a I ask City staff to develop a budget for funding the tree ma intena nce tea m & determ ine the cost to implement the Green Recovery Plan B) lt will direct City staff to review & evaluate the requirements of implementing alternative water use rate stru ctu res - tie red rates 9) lt will direct City staff to review & evaluate requirements associated with offering waters users the option to average out a one year water utility b¡ll 10) lt will drrect City staff to review, evaluate & prepare recommendations to update the City Water Shortage Contingency Plan & FMC 6-5zo r f\.f ';o"¡*¡qL ;H ffi ä q.fi l- (t ,(t'. Ê r-i ¡Ì"- t-¿. r -f.íl :q,,¡l à .''." , : !4 ,\..'.+,\;.-, ïJä,qi. 't ( \l ,4't':! :,1: +-'.',. ! -/'r.iÉ 'l -,4' . -'-- ¡ th:-¡i¿-.ç: \¡- "ì -**,'.q' -ri I a7 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-549 Agenda Date:11/6/2014 Agenda #:3-C REPORT TO THE CITY COUNCIL November 6, 2014 FROM: STEVE BRANDAU, Council President District 2 BY:BRANDON M. COLLET, Deputy City Attorney’s Office SUBJECT BILL -(For Introduction) - Repealing Section 4-111 of the Fresno Municipal Code and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements RECOMMENDATION We recommend that City Council approve the ordinance repealing and adding Section 4-111 of the Fresno Municipal Code (FMC)relating to Project Labor Agreements,if the City wants to remain eligible to receive state funding or financial assistance for construction projects after December 31, 2014. EXECUTIVE SUMMARY The ordinance repeals FMC section 4-111 prohibiting project labor agreements,and adds FMC section 4-111 allowing City Council by majority vote to use,enter into or require contractors to enter into a project labor agreement for construction projects on a project specific basis.The ordinance is intended to comply with state law so that the City will remain eligible for state funding or financial assistance on construction projects after December 31, 2014. BACKGROUND ENVIRONMENTAL FINDINGS This is not a “project”for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-549 Agenda Date:11/6/2014 Agenda #:3-C LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or services contract. FISCAL IMPACT There may be a fiscal impact to the City,depending on the number of project labor agreements that may be required by the Council and the cost increases or decreases associated with project labor agreements. Attachment:Ordinance City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Page 1 of 2 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, REPEALING SECTION 4-111 OF THE FRESNO MUNICIPAL CODE AND ADDING SECTION 4- 111 TO THE FRESNO MUNICIPAL CODE RELATING TO PROJECT LABOR AGREEMENTS. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. The California Public Contract Code sections 2500 through 2503 prohibit charter cities from maintaining charter or ordinance provisions that limit or prevent the city council from approving project labor agreements for construction projects, or the city may be deprived of state funding or financial assistance for pro jects. SECTION 2. Section 4-111 of the Fresno Municipal Code prohibiting project labor agreements is repealed and replaced with a new Section 4-111 to read: Section 4-111. PROJECT LABOR AGREEMENTS. (a) “Project Labor Agreement” shall have the definition set forth in California Public Contract Code section 2500. (b) The Council may require a Project Labor Agreement for any contract for construction projects for the city, as provided in California Public Contract Code sections 2500 through 2503. SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. SECTION 4. This Ordinance shall no longer be of any force or effect upon the entry of a final judgment invalidating Public Contract Code Sections 2500-2503 (Senate Bills Numbers 829 (2011) and 922 (2012)); in such an event, the Fresno Municipal Code sections amended by this Ordinance shall be reinstated to read as they did prior to the passage of this Ordinance. * * * * * * * * * * * * * * Page 2 of 2 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 BMC:prn [65436prn/ord] 10-29-14 ,Î [ CI IVED ¡ûiI NrlU 't Pn ? 02 Agenda ltem: lD#14-549 (3-C) Date: tLl6lL4 CITY ILERFi' FRTPRESNo CITY coU NcI L City ofEEDEêrrSrz¿fflE=iEz¿¿N\-- Supplemental lnformation Packet Agenda Related ltems - lD#14-549 (3-C) Supplemental Packet Date: November 6,2OI4 Item(s) BILL - (For introduction) Repealing Section 4-111 of the Fresno Municipal Gode and adding Section 4-111to the Fresno Municipal Code relating to Project Labor Agreements - Gouncil President Brandau 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(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 aT62L-765O. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability,se see Securi RICEIVED ¿û11 ilrllj 'l Pn ? 0? CITY CLERK, FRISNO CA cA9372t have enacted such policies- l,2015. LæB¡and,C Disûictó Clint Olivier, C lmemberDistict 7 Ashley Sn¡earengùu lvfayor of Fresno Douglas Sloan, Cþ Anorney R f CEIV ED ¡Û1T NÛTj 'I PN 3 iT Agenda ltem: lD#14-549 (3-C) Date: LLl6lL4 crTY cLtRi{, FREFRESNO CITY COU NCI L City ofEEDEêI.ISI/zrrlE=iE?N- Supplemental lnformation Packet Agenda Related ltems - aD#L4-549 (3-C) Supplemental Packet Date: November 4,2Ot4 Item(s) BILL - (For introduction) Repealing Section 4-111 oÍ the Fresno Municipal Gode and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements - Council President Brandau 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(2). 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 (ADAI: 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 at 62t-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf vou need assistance with seatine because of a disabi , please see Pacifïc Advocacy Group November 4,2014 Steve Brandau, Council President Fresno City Council 2600 Fresno Street Fresno, CA9372l Re: Support lor Agenda lt¿m 3-C ID#7+99 BILL - (For lntroduction) - Repealing Section +LI,I of the Fresno Municipal Code and adding Section +tllto the Fresno Municipal Code relatingto ProjectlaborAgreements Dear Council President Brandau: I offer the following comments on behalf of my clients: Western Elecrical Contractors Association (WECA), Plumbing-Heating-Cooling Contractors Association of California ICAPHCQ, Air Conditioning Trade Association IACTA) and Associated Builders and Contractors - San Diego Chapter. My clients' members perform public worls consbrrction throughout the San foaquin valley and some perform work for the City of Fresno. WECÄ" ACTA and CAPHCC are approved by the State of California to indenturg bair¡ and dispatch apprentices in Fresno. Like many public agencies that favor Føír ond Open n (FOC) for public works constmctiorL your citSr has had a FOC ordinance in place since 2000, the first of its kind in the nation In response to the popularit5r of FOC ordinances, the State's cons ction unions prevailed upon the Stat€ Legislaürre to pass and Governor Brown to sign, SB 922 in 2011. As I am sure you are well aware, SB 922 and its companion, SB 829, disqualifies charter cities from receiving state funding or financial assistance who if theyhad PII\bans bya charærprovisio4 initiative, or ordinance in effectprior to November t,z0l1.. My clients believe local government should conFol their own municipal affairs and that charter cities, in particular, have a right - pursu to the State Constitution to control local conüacting procedures. 419 Nasca Way Sacramento California 9583 I 916 s38 2360 Steve Brandau, Council President Support for Agenda ltem 3-C lD#74-549 November 4,2014 Page 2 Accordingly, my clients support the passage of ID #L4-549 that will reinstate the City's original FOC Ordinance upon the entry of a final judgment invalidating Public Contract Code Sections 2500-2503 [Senate Bills 829 (2077) and922 (2072)). My clients are Merit Shop employer associations, Merit Shop is a way of doing business in which companies reward employees based on performance and encourage them to reach their highest level of achievement, and in which contracts are awarded based on safety, quality, and value, regardless of labor affiliation, Sincerely,e0_8Ñ Richard Markuson cc: WECA PHCC ACTA ABCSD City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-541 Agenda Date:11/6/2014 Agenda #:4-A CLOSED SESSION ITEM November 6, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: 1. Claim of Richard Smith 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#14-552 Agenda Date:11/6/2014 Agenda #:4-B CLOSED SESSION ITEM November 6, 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#14-482 Agenda Date:11/6/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 2014 SUBJECT WORKSHOP regarding Public Art RECOMMENDATION 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#14-540 Agenda Date:11/6/2014 Agenda #: REPORT TO THE CITY COUNCIL October 23, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BY:SOPHIA PAGOULATOS, Supervising Planner WILL TACKETT, Supervising Planner Development Services Division SUBJECT Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of N. Fowler and E. Clinton Avenues (Council District 4) (Continued from October 23, 2014) 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R- 11-003, C-13-092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM RECOMMENDATIONS Staff recommends the City Council take the following action: 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R- 11-003, C-13-092, T6033 dated March 21, 2014 2.RESOLUTION - Deny the appeal and approve Conditional Use Permit No. C-13-092 City of Fresno Printed on 12/16/2022Page 1 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: 3.RESOLUTION - Deny the appeal and approve Vesting Tentative Tract Map No. 6033/UGM EXECUTIVE SUMMARY Jeffrey T.Roberts,on behalf of Granville Homes,Inc.,filed Conditional Use Permit Application No.C-13-092 and Vesting Tentative Tract Map No.6033/UGM pertaining to approximately 31.87acres of property located on the northeast corner of North Fowler and East Clinton Avenues.Vesting Tentative Tract Map No.6033/UGM proposes to subdivide the property into a 169-unit single family residential subdivision at a density of 5.3 dwelling units per acre.Conditional Use Permit No. C-13-092 proposes a development with public streets and modified property development standards for all of the proposed lots (see Exhibits A through F for maps, exhibits and conditions). This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards for lot size,lot coverage and yard (setback)requirements.Thirty-five lots were proposed with 7-foot garage setbacks,however the conditions of approval required 18-foot garage setbacks.The Fresno Municipal Code (FMC)requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.The Planning Commission approved staff’s recommendation,which required an 18-foot garage setback on all public streets for this project.The option was also provided to make the streets private,thus allowing garage setbacks of less than 18 feet,however this option was not chosen by the applicant. On June 19,2014,an appeal of the Commission’s decision regarding the subject applications was filed by Councilmember Caprioglio (see Exhibit J for appeal letters).In response to the appeal,the Planning Commission’s action is set aside and a City Council public hearing was scheduled and noticed in accordance with Sections 12-401-B and 12- 401-C-2 of the FMC.Staff recommends denial of the appeal and approval of the project as approved by the Planning Commission. Staff also supports approval of garage setbacks less than 18 feet on private streets. BACKGROUND Fresno City Planning Commission Action This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards including 15-foot front and 15- foot and 10-foot rear yards (standard rear yard is 20 feet),3-foot interior side yards (standard is 5 feet),and 8-foot street side yards (standard is 10 feet).Thirty-five lots were proposed with 7-foot garage setbacks,however the conditions of approval required 18-foot garage setbacks. The FMC requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.Staff recommends an 18-foot setback on all public streets for this project but is supportive of garage setbacks of less than 18 feet on private streets governed by a homeowners association.The homeowners association would be responsible for liability and enforcement on private streets. After a complete hearing on April 16,2014,the Commission recommended approval of the subject applications and the conditions of approval proposed by staff,including the requirement for a minimum 18-foot setback from garage to back of sidewalk on public streets (see Exhibit I for Planning Commission Resolutions). Analysis The reasons for requiring the 18-foot garage setbacks on public streets are the following: 1.Pedestrian Safety:the 18-foot garage setback (driveway)provides enough room for a vehicle to park in the driveway without blocking the sidewalk in violation of the California Building Code and Americans with Disabilities Act (ADA);vehicles parked on the sidewalk would force pedestrians to walk in the street.Moreover,driveways less than 18 feet in length do not provide adequate visibility to the driver backing out of the garage,thereby jeopardizing pedestrian safety. 2.Other Design Options Available:while it is acknowledged that the 35 lots in question are smaller lots with more design challenges,there are many other options available (as discussed at the City Council Workshop held on City of Fresno Printed on 12/16/2022Page 2 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: design challenges,there are many other options available (as discussed at the City Council Workshop held on August 21,2014)to achieve the same densities and maintain an attractive,safe and pedestrian-friendly streetscape. For example: a.Recessed garages (18 feet) with reduced front setbacks for remainder of façade; b.Alley loaded option with garages located in rear; c.Shared driveways/auto court concept, similar to cul-de-sac but with private drives; d.Cluster housing; e.Tandem-parked garages (designed to park two cars end-to-end rather than adjacent to one another). 3.Streetscape Design:the 7-8 foot garage setbacks proposed in T-6033/C-13-092 result in a streetscape that is dominated by garages.The garage is the widest element of the facade,and in half of the plans protrudes about 10 feet closer to the sidewalk than the living area of the dwelling. 4.Municipal Resources:the City does not have the resources to enforce the parking issues that would result from such a design, nor does it have the resources to assume the liability related to reduced pedestrian safety. The applicant has provided a conditional use permit exhibit (Exhibit D)which depicts eight typical lots showing lot dimensions,minimum yard setbacks and potential house placement.Of the eight typical lots,four show garages with an 18-foot setback to sidewalk,while the remaining show garages with a 7’-8’setback to sidewalk.The four typical lots with a proposed 7’-8’setback from garage to sidewalk are shown in Exhibit D,page 3.The rear yard setbacks of the potential house placement are currently at 25’,24’,20’and 14’.Should the applicant be required to provide an 18-foot setback from garage to sidewalk,it will necessitate moving the houses 10 feet to the rear,which will result in rear yard setbacks of 15’,14’,10’and 4’,respectively.Only the plan with that would result in the 4-foot rear yard setback would be non- compliant with the setbacks allowed through the conditional use permit;all of the other plans would comply.Alternatively, the homes could be re-designed to fit the lots. The proposed lot sizes are smaller than traditional lots,requiring a different perspective to traditional lot design.Neither the City Code nor the General Plan require small lots in this location. Streets and Access Points The Public Works Department,Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated April 10,2014.These requirements generally include:(1)The provision of a minimum two points of vehicular access to major streets for any phase of the development;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement, underground street lighting systems;and,(3)Payment of applicable impact fees,including,but not limited to,the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee. Notice of City Council Meeting The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 500 feet of the subject property. Land Use Plan and Policies The subject site is designated for medium density residential planned land uses by the 2025 Fresno General Plan and the McLane Community Plan. The objectives and policies of the 2025 Fresno General Plan encourage the development of master planned communities in an attempt to maximize the efficient use of the land. Policy C-8-g states: Support the planning and development of master planned/mixed use communities such as the Dominion Project. Additionally, Objective C-10 states: Promote the development of more compact pedestrian friendly, single-family City of Fresno Printed on 12/16/2022Page 3 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: residential projects to aid in the conservation of resources such as land, energy, and materials. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No.C-13-092 proposes the development of a 169-lot single family residential planned development.The planned development will provide modified property development standards.Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated April 16, 2014, staff concludes that the following required findings of Section 12-405-A-2 of the FMC can be made. 1.All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use,and accommodate all yards,spaces,walls and fences,parking,loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No.C-13-092 will comply with all applicable codes,including,landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2.The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, The Public Works,Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3.The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located.The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The site is vacant and with the adoption of the 2025 Fresno General Plan,the city analyzed the impacts of converting vacant land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing,growth,employment opportunities,etc.The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§66400,et seq.)requires that a proposed subdivision not be approved unless the map,together with its design and improvements,is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 -5 below is made in the negative.In addition,State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1.The proposed subdivision map,together with its design and improvements,is consistent with the City's 2025 General Plan and the McLane Community Plan,because the plans designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 2.This site is physically suitable for the proposed type and density of development,because conditions of approval will ensure adequate access and drainage on and off the site;and,that development shall occur in accordance with adopted standards,goals,objectives,and policies for development in the City of Fresno. City of Fresno Printed on 12/16/2022Page 4 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: 3.The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment,including fish,wildlife or their habitat, because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4.The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5.The proposed subdivision design will not conflict with public easements within or through the site,because conditions of approval will assure noninterference with any existing or proposed public easements. 6.The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision,because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map,based on the required findings for approval and subject to the recommended conditions of approval,and the standards and policies of the 2025 Fresno General Plan and McLane Community Plan,complies with applicable zoning and subdivision requirements.Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines (see Exhibit G).This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the McLane Community Plan area,including the Master Environmental Impact Report (MEIR)No.10130 for the 2025 Fresno General Plan (SCH#2001071097)and Mitigated Negative Declaration (MND)No.A-09-02 (SCH#2009051016).These environmental and technical studies have examined projected sewage generation rates of planned urban uses,the capacity of existing sanitary sewer collection and treatment facilities,and optimum alternatives for increasing capacities;groundwater aquifer resource conditions;water supply production and distribution system capacities;traffic carrying capacity of the planned major street system;and student generation projections and school facility site location identification. The proposed amendment of the adopted 2025 Fresno General Plan has been determined to not be fully within the scope of MEIR No.10130 as provided by the CEQA,as codified in the Public Resources Code (PRC)Section 21157.1(d)and the CEQA Guidelines Section 15177(c).It has been further determined that all applicable mitigation measures of MEIR No.10130 and MND No.A-09-02 have been applied to the project,together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts,growth inducing impacts and irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02City of Fresno Printed on 12/16/2022Page 5 of 6 powered by Legistar™ File #:ID#14-540 Agenda Date:11/6/2014 Agenda #: and irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02 as provided by CEQA Section 15178(a).In addition,pursuant to Public Resources Code,Section 21157.6(b)(1),staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete,has become available.Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft mitigated negative declaration for this project.A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-11-003/R-11-003/C-13-092/T-6033/UGM was published on March 21, 2014. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is,in turn, funding the respective operations of the Development and Resource Management Department. Attachments:Exhibit A:Vicinity Map Exhibit B:Aerial Photograph Exhibit C:Vesting Tentative Tract Map No. T-6033/UGM Exhibit D:Exhibits for C-13-092 Exhibit E:Conditions of Approval for C-13-092 Exhibit F:Conditions of Approval for T-6033 Exhibit G Environmental Assessment Exhibit H:Planning Commission Resolutions Exhibit I:City Council Resolutions Exhibit J:Appeal Letters City of Fresno Printed on 12/16/2022Page 6 of 6 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-542 Agenda Date:11/6/2014 Agenda #: SCHEDULED COMMUNICATION November 6, 2014 TIME 11:00 A.M. SUBJECT Appearance by Parvis Laghaifar to discuss who is responsible for the expenses of moving a signal light at the corner of Shaw and Polk City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ 6t)'vJ RECEIVED REQUESTTO APPEAR BEFoRETHE FREsNo ctwcouNctL¡il1T tti 23 Rn 11 25 CITY CLERK, FRESNO CA On April 1, 1980, the Fresno City Council adopted a policy relating to procedures to be used for those persons wishing to appear before the Fresno City Council, as follows: SCHEDULED ORAL COMMUNICATIONS - APPEARANCES ON PRINTED AGENDA ln order to be placed on the agenda for a scheduled time, complete and submit the form below. State the topic to be discussed and provide any supporting material, if any. Also state the action you want the City Council to take. Your request will be referred to the City Manager and placed on the agenda no sooner than ten (10) days after receipt of your written letter in order to provide an opportunity for City staff to prepare comments for Council consideration. The policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. The City Clerk shall provide copies of your request to the Fresno City Council. U NSCH EDU LED ORAL COMMU N ICATIONS You may address the City Council at the conclusion of the Council meeting and the policy is to limit your presentation to three (3) minutes pursuant to Ordinanceg6-67. Please be present at the conclusion of the Councilmeeting if you wish to be heard. REQUESTTO APPEAR BEFORETHE FRESNO CIW COUNCIL Name Address '? Telephone No.Date: /f &r-rr---n- Lr( ¿et ) 9t LL,z(ð Action (if any):o" 4.L44_þ .v't é?-l) K :\Request to Appear.docx ...yn o-Lq_- l/<¿-4Ä+: City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-543 Agenda Date:11/6/2014 Agenda #: SCHEDULED COMMUNICATION November 6 2014 TIME 11:00 A.M. SUBJECT Appearance by Tim Barker to discuss the Community Water Forum City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ ftECEIVED züi1 [lcT 23 Pn ? 59 REQUESTTO APPEAR BEFORE THE FRESNO CITY COUNCIL 5'i'; CITY CLERK, FRESNO CA On April t, !980, the Fresno City Council adopted a policy relating to procedures to be used for those persons wishing to appear before the Fresno City Council, as follows: SCHEDULED ORAL COMMUNICATIONS _ APPEARANCES ON PRINTED AGENDA ln order to be placed on the agenda for a scheduled time, complete and submit the form below. State the topic to be discussed and provide any supporting material, if any. Also state the action you want the City Council to take. Your request will be referred to the City Manager and placed on the agenda no sooner than ten (10) days after receipt of your written letter in order to provide an opportunity for City staff to prepare comments for Council consideration. The policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. The City Clerk shall provide copies of your request to the Fresno City Council. UNSCHEDULED ORAL COMMUNICATIONS You may address the City Council at the conclusion of the Council meeting and the policy is to limit your presentation to three (3) minutes pursuant to Ordinance 96-67. Please be present at the conclusion of the Councilmeeting if you wish to be heard. REQUESTTO APPEAR BEFORE THE FRESNO CITY COUNCIL Name T^,f ftB.Zt, Address - Telephone No.ra-21 -t 1 Action (if any): K:\Request to Appear.docx R f CEIV ED irli.l NüU 5 frn iÛ 2? Agenda ltem: lD#t4-543 (11:00 A.M.) Date: LLl6lt4 ilTY 0LERK,FRESNo cFRESNO CITY COUNCIL City ofEEDEIêT,TS\I/ZrrlE-=iE?ñ- Supplemental lnformation Packet Agenda Related ltems - lD#14-543 (11:00 A.M.) Supplemental Packet Date: November 5,2014 Item(sl Appearance by Tim Barker to discuss the Community Water Forum 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(2Ì'. 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 (ADAf : 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 at 62L-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Secu Re: Recharge Fresno'Water Forums From. Tim Barker, Resident & Attendee Hello, RTCEIVED ¡û1tl NüU 5 Rn i0 27 CITY CLERil, FRESHO CA I will be speaking at the 1l:00 A.M. time slot at the City Council on Nov. 6. Three minutes of public speaking will not adequately cover the subject material so allow me this brief opportunity to present background material. My name is Tim Barker, a resicient of the üity oiFresno. I have attendeci the previous tluee water forums. I attended because the opportunity was presented for the community to participate in the decision process. I did not have an opinion regarding the proposed Water Plan and looked forward to this opportunity to be informed and considered in this process. What was readily apparent from the first "forum" onward, was that this was a glossy presentation to promote and consider oniy the Water Department position, $4iû,ûûû,0ûû, iargeiy supported by a bond and the accompanying rate hikes. There have been many comments from the attendees that merit consideration, however, those comments have not been revisited, only dismissed in rebuttal by the panel of "experts" who represent special interests and have not disciosed their confiict of interest whiie imposing their water plan for Fresno. Some of the comments worthy of consideration ' The developer fees have not been consistent with the real cost of infrastructure impact. From a retired ciiy pianning departmerrt employee. ' The water project is not designed to sustain Fresno, we may not even need new or extra water sources, but the water project is designed to support population growth without that segment paying for the new, extra sources, Voiced by many audience participants. ' Established landscaping is dying due to the watering restrictions. From a lady who watched her shrubs and plants die to be in compliance with the watering schedule. Yet the city permits an artificial lake development and green landscaped residential developments. ' There is no iong term comprehensive water conservation ptogrrìm. 'I'o allow for proper landscaping and maintenance we need more than an short term inconsistent water conservation program. ' There has been nothing presented to itemize the requested expenses in this $410,000,000 pian and there has been no menlion of the $1 biliion MasterPian to foiiow. We are presented with rate hike demands without an itemization of what is being requested which makes it difÏicult to agree without the specifics of a final master water plan. . Regarding the financin g, alarge portion of whatever the plan is, is a bond. The state .Water Resources Board has tried to get Fresno to participate in a state loan program at 1% interest (vs. approx, 5Yofor abond.) The loan of approx. $110 million dollars would provide for recycled water improvements and pipe system and new water plant construction at the present NE facility. The state has tried to get Fresno to participate but, in their words "wrth iittie response" liom Ì'resno. 'l'he nature of a bonci is that there is little restriction on how it is spent, the bond holder only wants their money back with interest. The state, however, has guidelines how the money would be spent. Using a bond to finance this project also may encumber any near future bond proposals as well as affect the bond rating (which is presently a fragile Baa-1.) ' Additionall¡ with the advent of Prop. l, many of the features of that measure duplicate what the city is requesting, making that a less costly means to achieve the same results as the city proposal (whatever that is.) R.ate inoreases shouid not be casuaily adci¡essed. They are an inheritance to yoü chiidren anci grandchildren. Rates go up, but not down. These forums have been formatted from the begínning, before the public participated, The agenda has not changed due to public response but has stayed on program to promote the city and special interests. Accorciing to Columbia University study of U.S. Water infrasrn¡cture: "Achieving sustainability in our water systems requires a transparent understanding of the factors that influence rates. We need to rethink what the water utility of the future should look like and how we will pay for water services and sustainable use." Thankyclu foryourtime ancl sonsicieration. Tim Barker î*'ßr,'L1o'l -za''r1