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Home My WebLink About2014-08-28 Council Agenda PacketThursday, August 28, 2014 1:30 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Session August 28, 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 August 28, 2014City Council Meeting Agenda - Final-revised 1:38 P.M. ROLL CALL Invocation by President Brandau Pledge of Allegiance to the Flag Ceremonial Presentations Proclamation of “CHICANO HISTORY REVISITED”ID#14-332 Sponsors:Vice President Quintero Approve City Council Minutes Approval of City Council minutes from August 21, 2014ID#14-326 Councilmember Reports and Comments Approve Agenda 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Approve Automatic and Mutual Aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit ID#14-174 Sponsors:Fire Department Reject all proposals responding to City’s Request for Qualification for Asset Management Services for Management of City Real Estate Assets - Bid File 060614 (Citywide) ID#14-222 Sponsors:Finance Department Page 3 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised RESOLUTION - of Intention to annex Final Tract Map No. 6063, Annexation No. 56, to the City of Fresno Community Facilities District No. 11 (near south corner of North Friant Road and East Copper Avenue) (Council District 6) ID#14-227 Sponsors:Public Works Department BILL NO. B-35 - (For adoption; introduced August 21, 2014) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) ID#14-233 Sponsors:Public Works Department Approve an Agreement with EMG Engineering and Environmental Consulting, of Walnut Creek, California in the amount of $38,860, with a contingency amount of $50,000 for a total fee of $88,860 to conduct the Facilities Condition Assessment (FCA) of the Municipal Service Center (MSC) buildings (Council District 3) ID#14-242 Sponsors:Public Works Department Request City Council approve the annual participation in the Federal Equitable Sharing Agreement Program for the disposition of funds forfeited in connection with a crime and authorizing the execution of related documents ID#14-248 Sponsors:Police Department Authorize the Chief of Police to enter into an agreement with Central Unified School District to provide two School Resource Officers at 100% of the actual officer’s cost, a police sergeant at 10% of the actual sergeant’s cost, plus administrative fees and the operation/maintenance costs of two patrol vehicles for a total of $267,483 ID#14-258 Sponsors:Police Department RESOLUTION - Approving the Final Map of Tract No. 5914 and accepting dedicated public uses offered therein -northeast corner of North Hayes Avenue and West Herndon Avenue (Council District 2) ID#14-274 Page 4 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised Sponsors:Public Works Department Adopt Resolution of the Council of the City of Fresno, California, authorizing submittal of grant applications for and acceptance of California Department of Resources Recycling and Recovery (CalRecycle), funding for all available grants for which the City of Fresno is eligible ID#14-278 Sponsors:Department of Public Utilities Approve Amendment No. 6 between the City and ERM-West, Inc. (ERM) to provide ongoing engineering, environmental, and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport (FAT) for an amount not to exceed $72,700 ID#14-280 Sponsors:Airports Approve the Third Amendment to the Cooperative Agreement with the Fresno County Transportation Authority (FCTA) re-allocating funds in the amount of $241,000 from the construction phase to preliminary engineering phase of the Willow Avenue Widening Project, 0.25 miles south of Nees to Shepherd Avenue under the Measure “C” Tier 1 Program (Council District 6) ID#14-292 Sponsors:Public Works Department Approve a Cooperative Agreement in the amount of $303,658 with the Fresno County Transportation Authority (FCTA) for the Broadway Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program (Council District 3) ID#14-293 Sponsors:Public Works Department Approve a Cooperative Agreement in the amount of $121,342 with the Fresno County Transportation Authority (FCTA) for the Met Block Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program. (Council District 3) ID#14-294 Sponsors:Public Works Department Page 5 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised Authorize the Director of Aviation to execute a consultant services agreement with Kimley-Horn and Associates, Inc., Consulting Airport Engineers, to provide professional civil engineering consulting services for the rehabilitation/reconstruction of the west side terminal apron at Fresno Yosemite International Airport (FAT) in an amount not to exceed $485,000 ID#14-299 Sponsors:Airports Approve the appointment of Lawrence Garcia to the Planning Commission ID#14-319 Sponsors:Mayor's Office * BILL NO. B-36 - (For adoption; Introduced August 21, 2014) - Repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining ID#14-325 Sponsors:Planning and Development Department CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Approve an Agreement with VSCE in the amount of $2,199,691 for the construction management services on the City of Fresno Bus Rapid Transit Project (BRT) ID#14-209 Sponsors:Public Works Department Implementation of Fire Department Self-Inspection Program and Fire Inspection Policy Change Recommendations 1.* RESOLUTION - 1st amendment to the Position Authorization Resolution No. 2014-96 adding two (2) Fire Inspector positions to the Fire Department and two (2) Fire Inspector positions to the Development and Resource Management Department ID#14-247 Sponsors:Fire Department Page 6 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised Actions pertaining to the Herndon Avenue Widening from Brawley Avenue to Valentine Avenue, Bid File No. 3271 (Council District 2) 1.Approve a common use agreement between the City of Fresno and the Fresno Irrigation District (FID) for the installation of a multipurpose trail 2.Award a construction contract to Emmett’s Excavation Inc., of Fresno, California in the amount of $1,689,986 for the construction of Herndon Avenue widening from Brawley Avenue to Valentine Avenue ID#14-249 Sponsors:Public Works Department *RESOLUTION - Adopt the First Amendment to the FY15 Salary Resolution No. 2014-108, reducing benefits and increasing salary ranges for Unit 2 (unrepresented) employees; adding new classifica- tions of represented employees; modifying salaries to reflect change in minimum wage; additional technical changes1st Amendment to Salary Resolution No. 2014-108 ID#14-276 Sponsors:Personnel Services Department BILL - (For introduction) - Repealing and adding Section 4-111 of the Fresno Municipal Code relating to Project Labor Agreements ID#14-307 Sponsors:City Attorney's Office Approve the Third Amendment to Agreement with Sharp Inspection Group in the amount of $626,968 and extend the completion to April 27, 2015 for the construction management services on the City of Fresno Commercial Water Meter Retrofit Project (Citywide) ID#14-275 Sponsors:Public Works Department Page 7 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised * RESOLUTION of the Council of the City of Fresno Adopting the 2nd Amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $900,000 in the 2010 Water Revenue Bond A-1 Fund for the Acquisition of Permanent Pipeline Right-of-Way Easement and Temporary Construction Easements for the Construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (requires 5 affirmative votes) ID#14-279 Sponsors:Department of Public Utilities Approval of Amendment No. 2 to the Professional Consultant Agreement with CH2MHILL Engineers, Inc., for an amount not-to-exceed $6,900,000 for Fiscal Year (FY 2015) Program Management Services (Citywide) ID#14-255 Sponsors:Department of Public Utilities 3. CITY COUNCIL 4. CLOSED SESSION JOINT CLOSED SESSION of the City of Fresno and the Successor Agency to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1.City of Fresno v. Raps Fresno LLC, et al. (Hotel Fresno); Case No. 05 CE CG 01744 MS ID#14-176 Sponsors:City Attorney's Office Page 8 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Luis Sanchez, et al. v. City of Fresno, et al. United States District Court Case No. 12-CV00428 LJO-SKO ID#14-321 Sponsors:City Attorney's Office CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) ID#14-323 Sponsors:Personnel Services Department CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fresno Irrigation District property along Herndon Canal between McKinley Ave and Millbrook Ave Negotiating Parties: City Manager Bruce Rudd Under Negotiation: Terms and Conditions of Property Acquisition ID#14-330 Sponsors:City Attorney's Office Page 9 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. Scheduled Communication Appearance by Ike Gerwal to request Council approve a fee reduction for the use of the Convention Center ID#14-304 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1.RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-15B) ID#14-308 Sponsors:Successor Agency to the Redevelopment Agency Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno ID#14-309 Sponsors:Successor Agency to the Redevelopment Agency JOINT MEETING ADJOURNMENT 4:00 P.M. Scheduled Matter Resolution of the Council of the City of Fresno requesting action by Congress on Pending Water Legislation ID#14-320 Sponsors:Mayor's Office 6:00 P.M. Hearing HEARING to consider Site Plan Review Application No. S-13-047 and related environmental assessment for the property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) a.Consider and adopt the environmental finding of a ID#14-297 Page 10 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised Mitigated Negative Declaration prepared for Environmental Assessment No. S-13-047 for the purpose of the proposed project b.RESOLUTION - Granting appeal and approving Site Plan Review Application No. S-13-047 requesting authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse (Brenntag Pacific, Inc.), a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet) and twelve external storage tanks with their appropriate containment slabs Sponsors:Planning and Development Department PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS Oct. 2 10:00 A.M. HEARING re: CFD No. 11, Tract Map #6063 - south corner of N. Friant Rd and E. Copper Oct. 23 10:00 A.M. HEARING adopting resolution ordering the vacation of a portion of the northwest side of Stanislaus Street northeast of Fulton Street, a portion of the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) Page 11 City of Fresno ***Subject to Mayoral Veto August 28, 2014City Council Meeting Agenda - Final-revised UPCOMING EMPLOYEE CEREMONIES Oct 2 8:30 A.M. Employee of the Fall Quarter (Reception immediately following - 2nd floor foyer) Oct. 22 (Weds) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) Page 12 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-332 Agenda Date:8/28/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of “CHICANO HISTORY REVISITED” 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#14-326 Agenda Date:8/28/2014 Agenda #: CITY COUNCIL MINUTES FOR APPROVAL Approval of City Council minutes from August 21, 2014 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#14-174 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:THEODORE F. SEMONIOUS, Deputy Chief Fire Department SUBJECT Approve Automatic and Mutual Aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit RECOMMENDATION Staff recommends the City Council approve the Automatic and Mutual Aid agreements between the City of Fresno,Fresno County Fire Protection District,California Department of Forestry,and Fire Protection Fresno-Kings Unit.The approval of these agreements is contingent upon the completion of the meet and confer process between the City of Fresno and International Association of Fire Fighters Local 753. EXECUTIVE SUMMARY Approval of the recommended action will assist in maintaining effective readiness.These agreements are mutually beneficial to both agencies and the community in that they provide for the closest resource to be dispatched to an emergency scene regardless of jurisdiction. BACKGROUND In 1974,the City of Fresno and then Mid-Valley Fire Protection District (now known as Fresno County Fire Protection District)signed the first automatic aid agreement to provide the closest fire resource to emergencies based on proximity to the event regardless of jurisdiction.This agreement had the effect of providing emergency responders to the jurisdictional border areas in a more efficient manner.Since that time,there have been several automatic and mutual aid agreements signed between the City of Fresno and the Fresno County Fire Protection District. The most recent agreement was signed in 2003 and included an area bound by First Street to the west,Temperance Avenue to the east,Dakota Avenue to the north,and California Avenue to the City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-174 Agenda Date:8/28/2014 Agenda #: west,Temperance Avenue to the east,Dakota Avenue to the north,and California Avenue to the south.Within these boundaries are several County islands that are currently protected by the City of Fresno Fire Department.Disagreements between the parties over payment for automatic aid resulted in locations outside those boundary areas to be considered mutual aid,which require prior approval of the requested jurisdiction before a response is initiated.This method of results in longer response times and is not the best model for service delivery. In early 2014,with new administrations in place for both agencies,discussions regarding automatic aid began.The impacts of the current response plans were noted and the deficiencies of not having an automatic aid agreement in place were quickly recognized.Both parties acknowledged the need for a renewed automatic aid agreement and quickly agreed to the terms. Through these discussions came the awareness that there were areas within the City limits along the San Joaquin River where county and state resources could assist the Fresno Fire Department as they have specialized equipment for handling wild land and urban interface fires.It was agreed the area along the river could be better protected through an exchange of equipment and other resources through a mutual aid agreement.The agreement includes the use of Cal Fire resources, on behalf of Fresno County Fire Protection District.The Fresno Fire Department will deploy resources where incidents occur north of the City in areas currently protected by Cal Fire. The Fresno Fire Department had discussed the Automatic Aid Agreement with representatives of IAFF 753 before it was first taken to Council in May 2014.The Department believed that the bargaining unit had no objections to implementation;however,IAFF 753 raised objections when the item was posted on the Council Agenda.Meetings were subsequently held with IAFF 753 on June 2nd and June 9th.As a result of those meetings,changes were made to the draft Automatic Aid Agreement at the request of IAFF 753.In addition,a side letter of agreement regarding the Automatic Aid Agreement was prepared and shared with the Association. Unfortunately,IAFF 753 has continued to object to the implementation of the Automatic Aid Agreement despite these efforts.The City of Fresno has been attempting to set another meeting in an effort to reach agreement on the issues raised by Fire Basic,but has met resistance.A meeting will be scheduled within the next 30 days. ENVIRONMENTAL FINDINGS Pursuant to the California Environmental Quality Act (CEQA)Guidelines,Section 15278,this item does not qualify as a “project” and is therefore exempt from the CEQA requirements. LOCAL PREFERENCE Not applicable. FISCAL IMPACT The reduction of responses may result in a decrease of maintenance costs on apparatus,resulting in a positive impact to the General Fund. Attachments: Agreement:Automatic Aid Fire Suppression and Emergency Services between FresnoCity of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-174 Agenda Date:8/28/2014 Agenda #: Agreement:Automatic Aid Fire Suppression and Emergency Services between Fresno County Fire Protection District and City of Fresno Agreement:Wildland Fire Mutual Aid Agreement between City of Fresno and California Department of Forestry and Fire Protection Fresno-Kings Unit City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-222 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:GARY WATAHIRA, Purchasing Manager Finance Department SUBJECT Reject all proposals responding to City’s Request for Qualification for Asset Management Services for Management of City Real Estate Assets - Bid File 060614 (Citywide) RECOMMENDATION The City Manager’s Office recommends the City Council reject all proposals received for asset management services for management of City real estate assets. EXECUTIVE SUMMARY The City Manager’s Office solicited and received proposals in June 2014 for asset management services for the management of City real estate assets.One response was received.During the bid evaluation process it was determined that additional responses to the Request for Qualification (RFQ)would be desirable.It was anticipated that rejecting all bids and reissuing the RFQ with additional time for potential responders to respond and more widespread distribution would likely yield additional responses. BACKGROUND On March 6,2014,the City Council passed the Asset Management Act (the “Act”),which requires,in part, that the City retain a qualified brokerage firm to manage City real estate assets. Pursuant to the Act’s requirements,the City Manager’s Office issued the RFQ seeking to retain the services of a qualified real estate brokerage firm to assist the City with the overall management of the City’s real estate assets.The RFQ was advertised as follows:(1)published on the City’s website on June 6,2014;(2)published in the Business Journal;and (3)distributed to potential proposers.Only one sealed response was received and opened in a public bid opening on or about July 11, 2014. During the bid evaluation,it was determined that additional bids would be desirable for the City to make its best choice.Accordingly,it was decided that rejecting all bids and reissuing the RFQ with additional time for potential responders to respond and more widespread distribution would likely City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-222 Agenda Date:8/28/2014 Agenda #: yield additional responses. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT There is no impact to the General Fund as the recommendation is to reject all bids. 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#14-227 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION - of Intention to annex Final Tract Map No. 6063, Annexation No. 56, to the City of Fresno Community Facilities District No. 11 (near south corner of North Friant Road and East Copper Avenue) (Council District 6) RECOMMENDATION Adopt Resolution of Intention to annex Final Tract Map No.6063 to City of Fresno Community Facilities District No. 11 (“CFD No. 11”). EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno to have Final Tract Map No.6063 annexed to CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to all ground level infrastructure within the street rights-of-way of East Carnoustie Avenue;to include concrete curbs,gutters,and sidewalks,street paving,street signage and street lighting associated with this subdivision.The cost for the Services for these improvements is $148/lot annually (totaling $1,480).Final Tract Map No.6063 is located entirely in the Fresno City Limits.The Resolution of Intention begins the process,sets the required public hearing for October 2,2014,and defines the steps required to complete the annexation. (See attached location and feature maps.) BACKGROUND On November 15,2005,the Council of the City of Fresno adopted Resolution No.2005-490 forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-227 Agenda Date:8/28/2014 Agenda #: Fresno Municipal Code (“City Law”). The landowner has made a request to the City of Fresno to have Final Tract Map No.6063 annexed to CFD No.11 to provide funding for the Services pertaining to all ground level infrastructure within the street rights-of-way of East Carnoustie Avenue;to include concrete curbs,gutters,and sidewalks, street paving,street signage and street lighting associated with this subdivision.(See attached location and feature maps.) Final Tract Map No. 6063 is not a phased map and is located entirely in the Fresno City Limits. The attached Resolution initiates the annexation process,sets the public hearing on this matter for October 2,2014,sets the Maximum Special Tax at $148 annually per residential lot (totaling $1,480) for FY14-15 and sets the annual adjustment of the Special Tax at +3%plus the increase,if any,in the construction cost index for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law.The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 11 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachments:Location Map Feature Map Resolution City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-227 Agenda Date:8/28/2014 Agenda #: City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ CITY OF PUBLIC WORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION UJz.ol- attYOtñÍoË oeó = *É*r-ËËHËËäs;t9<sfL¿ TRACT 6063 COPPER INTERNATIONAL BEFTYMER PERRIN SHEPHERD TEAGUE NEES ALLUVIATALLUVIAL HERNDON -SIERRA -BULL\RD -EARSTOW -SHAW -GETTYSBURG -ASHUN -DAKOTA -SHIELDS -CLINTON -MCKTNLEY -oLIVE -BELMONT -N|ELSON -wHfrES BRTDGE -KEARNEY - ||tazanY< 3ËäÞ=ilEã DAKOTA SHIELDS CTINTON MCKINLEY OLIVE BELMONT lULARE KINGS CAI.TYON SUTLER CALJFORNIA CHURCH JENSEN ANNADALE NORTH ÈË-.4 É.<aD> 9 +ú =3i.'*FIllz. lJI -e CENTRAL an4ãiJ2<)zf É.9tlJzl,lãoÍ =Éã9Oi^É.ILsllJ&fL UJt-=l¡J àp Ë3 LOCATION MAP ANNEXATION NO. 56 COMMUNITY FACILITIES DISTRICT NO.11 crïY oF PUBLIC IVORKS DEPARTMENT TRAFFIC AND ENGINEERING SERVICES DIVISION FEATURES TO BE ADDED BY ANNEXATION NO. 56 COMMUNIW FACILITIES DISTRICT NO. 11 FINAL TRACT MAP NO. 6063 - NO PHASES CONCRETE IMPROVEMENTS: CURB & GUTTER = 620 LF SIDEWALK : 5,150 SF DECORATIVE STREEI LIGHTS: TOTAL = 1 FACH INTERIOR PAVEMENT: TOTAL AREA : 1 1,520 SF "ç PARK & R s ' ll t-1t ; 3 ARNO )3 /€ st RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL TRACT MAP NO. 6073 AS ANNEXATION NO. 56 TO THE CITYoFFRESNocoMMUNITYFACILITIESDISTRICT NO. 11 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES WHEREAS, the City of Fresno ("City") is a charter city and municipal corporation duly created and existing under the Constitution and laws of the State of California; and WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"), this Council, as the legislative body for the community facilities district and any annexation thereto, has the authority to establish a community facilities district and annex property to the community facilities district; and WHEREAS, on November 15, 2005, the Council of the City of Fresno ("Council") adopted a resolution establishing the City of Fresno Community Facilities District No. 11 ("CFD No. 11"); and WHEREAS, the original boundaries of CFD No. 11 are shown on the Boundary Map of City of Fresno Community Facilities District No. 11, recorded November 8, 2005, at Book 41, page 61 of Assessment and Community Facilities Districts in the Office of the Recorder, County of Fresno, California, a copy of which is on file in the Office of the City Clerk of the City of Fresno ("City Clerk"); and WHEREAS, the territory encompassing the existing CFD No. 11 is attached hereto as Exhibit A and incorporated herein by this reference; and Date Adopted: Date Approved: Effective Date: City Attorney APProval: 1of 6 Resolution No. WHEREAS, the landowner of Final Tract Map No. 6063 ("T6063") has formally petitioned the City to annex T6063 to CFD No. 11, and the area proposed for annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the types of public seruices provided in the existing CFD No' 11 ("Seruices") are specified in the document attached hereto as Exhibit C, Page C-2, and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 56 (T6063) are specified in the document attached hereto as Exhibit C, Page C-1, and incorporated herein by this reference; and WHEREAS, Annexation 56, T6063 is located entirely within the limits of the City of Fresno; and WHEREAS, CFD No. 11 and Annexation No. 56 will share costs proporlionately for Services provided by the City; and NOW, THEREFORE, BE lT RESOLVED by the council of the city of Fresno as follows: 1. Recitals. The forgoing recitals are true and correct' 2. Proposed Annexation No. 56 Boundaries. The proposed boundaries of Annexation No. 56 are as shown on the map (copy attached as Exhibit B) on file with the City Clerk. The boundaries, shown in Annexation Map No. 56, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 56, or cause it to be recorded, in the Office of the Recorder, Fresno County, California within ten days after the adoption date of this resolution. 2of6 3. Services. The operation and reserves for maintenance ("Seruices") proposed to be financed in Annexation No. 56 are listed on Page C-1 of Exhibit C, attached hereto and incorporated herein by this reference. 4. Special Taxes. Except to the extent that funds are othen¡vise available to CFD No. 11 to pay for the Services in Annexation No. 56, a special tax sufficient to pay the costs ("Special Tax") thereof, secured by recording a continuing lien against all nonexempt real property in Annexation No. 56, will be levied annually within Annexation No. 56, and collected in the same manner as ordinary ad valorem property taxes, or in any other manner as this Council or its designee shall determine, including direct billing of the effected property owners. The proposed rate and method of apportionment of the Special Tax among the real properly parcels within Annexation No. 56, are described in sufficient detail for each landowner within Annexation No. 56 to estimate the maximum amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein by this reference. S. District Annexation Report. The Director of Public Works Department, as the officer having charge and control of the Services in and for CFD No. 1 1, or his designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the City Clerk a report of CFD NO. 11, Annexation No' 56 ("District Repoft"), in writing presenting the following: a. A description of the Services by type required to adequately meet the needs of CFD No. 11, Annexation No' 56' b. An estimate of the fair and reasonable cost of the Services including the cost of acquiring land, rights-of-way and easements, costs of any physical 3of6 services required in conjunction therewith, and incidental expenses in connection therewith. c. Describe any plan for Services that will be provided in common with the existing district and/or any territory that may be annexed. d. lf the Special Tax levied within the territory proposed to be annexed is higher or lower than the existing CFD No. 11, identify the extent and reasons why the costs to provide Services in that territory are higher or lower than those provided in the existing CFD No. 11. Specify any alteration in the special tax rate levied within the existing CFD No. 11 because of the proposed annexation. e. The CFD No, 11, Annexation No. 56 District Report shall be made a pafi of the record of the public hearing specified below. 6. Single Ballot. The propositions to set the appropriations limit and to approve the levy of the Special Tax shall be combined into a single ballot and submitted to the voters pursuant to City Law. 7. Public Hearing. Thursday, October 2,2014 al 10:00 a.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, this Council, that this legislative body for CFD No. 11, will conduct a public hearing on the annexation of T6063 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 8. Public Notice. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation 4of6 published in the area of CFD No. 11. The publication shall be complete at least seven days before the hearing date set herein. The notice shall be in the form specified by Sections 53339.4 and 53322 of Chapter 2.5 of the California Government Code' Attachments: Exhibit A: Original Boundaries of CFD No' 11 Exhibit B: Annexation MaP No. 56 Exhibit C: DescriPtion of Services Exhibit D: Rate and Method of Apportionment of special Tax *************rt 5of6 STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO l, yVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return: Mayor Veto: Council Override Vote:,2014 YVONNE SPENCE, CMC City Clerk Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 2014 2014 2014 BY: BY: Raj Singh Badhesha, DePutY 6of6 CITY OF FRESNO MAINTENANCE CFD11 ANNEXATION C E Ë Få EiJ L Ë.EE Ã"='Ã6 E" ìç Ee Copper lnternat¡onal Behymer Perrin Shepherd Teague - Nees U Alluv¡al Herndon Sierra ::;::::J@ Sksot Cênleiline | | "'o,' C¡ty Boundâry L¡mits Er NeesS Alluv¡al Herndon Sierra Bullard Barstow Shaw Gettysburg Ashlan Dakota Shields Clinton McK¡nley Olive Belmont N¡elsen \ /hites Bri( E o c q:.q g ı" e p fr E 5 EF E g å8 sËË@l:@Eeè;osıÉggo â Ls #=Barstow Shaw E '<Egcoo3 å ÈE Fë 6<È P E E: tu Gettysburg B Ashlan Dakota Shields Cl¡nton ¡ilcKinley Olive Belmont Tulare i Canyon Butler Þcda,-= cã9-csàeııo6rco Kearnev Ë-ó Cal¡fom¡a Church Jen se n oft[califomia Church Jensen Annadale North É An nadale North olvlus€t å -ø:'oÍ= .9 oıo =Q lllusca $ ! c"nn" o oä= 'EÜo00Lts) ã È Centra oE.'o> Exh¡b¡t A EXHIBIT B TERRITORY TO BE ANNEXED TO THE CITY CFD NO. 11 BOUNDARY LINE OF NEW TERRITORY DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY OF ,2OT4. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 56 OF THE COMMUNITY FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2014. - ON 2014. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO DEPUTY THIS ANNEXATION MAP NO. 56 OF THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS -JAY OF , 2014 AT THE HOUR OF-O'CLOCK JVI AT BOOK 44, PAGE -OFMAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA PAUL DICTOS, C.P.A. COUNW RECORDER OF THE COUNTY OF FRESNO BY: REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, RECORDED NOVEMBER 8, 2OO5 AT BOOK 41, PAGE 61 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA NOTE: FOR PARCEL DIMENSIONS,SEE ASSESSOR'S MAP BOOK PAGES BY BY t-ll I CITY Of FRESNO - Public Works Department ANNEXATION MAP NO. 56 OF COMMUNITY FACILITIES DISTRICT NO. 11 OF THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA cFD11 56 A1 EXHIBIT C CITY OF FRESNO Community Facilities District No. 11 Annexation No. 56 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No.56 (Final Tract Map No.6063) The operations and reserues for maintenance ("Services") that are to be financed by Community Facilities District No. 11 ("CFD No. 11") for Final Tract Map No' 6063, Annexation No. 56 are generally as described below. Services shall include all costs attributable to cleaning, maintaining, seruicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within the City of fresno street rights-of-way. Such facilities include, without limitation, concrete curbs and gutters, and sidewalks, street signage and street lighting, and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting seruices. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno ("City") may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third pafties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be constrùed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation 56 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. c-1 EXHIBIT C CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed ("Services") by Community Facilities District No. 11 ("CFD No. 1 1") are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Arlicle 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 5331 1, of Paft 1, Division 2, Title 5 of the California Government Code.) l. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. ll. General maintenance will include, without limitation, mowing, edging, feftilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems aS necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. ll. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserues for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. lll, Services may include costs attributable to police, fire, traffic control, street lighting and recreational services, Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno ("City") may incur in administering the CFD No. 11' All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No, 11. c-2 EXHIBIT D CITY OF FRESNO Community Facilities District No. 11 Annexation No.56 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year's seruice for FY 2014-2015 ITEM DESCRIPTION ESTIMATED COST 1 Other Operational Costs 2 Reserve for Replacement 3 lncidental Expenses $4e,oo $1,281.00 $150.00 Total $1,480.00 Subdivision ApProPriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 63 $148.00 10 $500,000.00 Copper Park LLC City of Fresno D-1 EXHIBIT D Community Facilities District No. 11 Annexation No.56 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor's parcel in Community Facilities District No. 1 1 (.CFD No. 1 1") shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable propefty, as described below. All of the property in CFD No. 1 1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including propefty subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forlh have the following meanings: "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an assessor's parcel map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County of Fresno designating parcels by assessor's parcel number. "City" means the City of Fresno. "City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. "Council" means the City Council of the City of Fresno, acting as the legislative body of CFD No.11. "Developable Lot" means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be furlher subdivided before being developed. "Excluded Parcels" means those assessor's parcels identified as ineligible for inclusion in CFD No. 11 as shown in "Attachment 1" of this Rate and Method of Apportionment of Special Tax. "Final Map" means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term "Final Map" shall not include any assessor's parcel map or subdivision map or portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor's parcels that are designated as remainder parcels. D-2 EXHIBIT D "Fiscal Year" means the period starling April 1 and ending on the following March 31' "Maximum Special Tax" means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. "Proportionately" means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor's parcels in CFD No. 11. "Public Property" means any properly within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies, "Reserve for Replacement" means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). "Residential Unit" means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, "Residential Units" shall include dwelling units already built on taxable properly in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. "shared Services" means the costs of services are paid equally by the property owners of two or more subdivisions. "special Tax" means any special tax to be levied each fiscal year on assessor's parcels of taxable properly to fund the Special Tax Requirement as defined below. "special Tax Requirement" means the amount necessary in any fiscal year to (i) pay auihorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. "subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "subdivision" includes a condominium project, as defined in Section 1351 of the Civil Code, a community aparlment project, as defined in Section 1351 of the Civil Code. D-3 EXHIBIT D "Taxable Property" means all of the assessor's parcels within the boundaries of CFD No. 11 which are not exempt from the specialtax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno ("City") or its designee shall determine how many residential units are built, or allowed to be built, on assessor's parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor's parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor's parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional propefty is annexed to CFD No. 11, the rate and method adopted for the annexed propefty shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2014-2015 for a residential unit within Final Tract Map No. 6063 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 201 4-201 5). Final Tract Map Number**Maximum Special Tax 6063 $148.00 per Residential Unit "Beginning in January of each year, the MST shall be adjusted upward annually by 3% plus the rise, if any, in the Construction Cost lndex (CCl) for the San Francisco Region for the prior 12-month period (December through December) as published in the Enqineerinq News Record, or published in a comparable index if the Enqineerinq News Record is discontinued or othenruise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ". A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. D-4 EXHIBIT D D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2014-2015, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No.11; lf the amount determined in Step 1 is qreater than or equal to the amount calculated in Step 2,levy the Maximum Special Tax set fotth in Table 1 above on all parcels of taxable properly in CFD No. 1 1; lf the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent' E.EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Speciál Tax shall be levied on parcels that have been conveyed to a public agency, except as othenruise provided in City Law. ln addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. D-5 EXHIBIT D ATTACHMENT "1'' City of Fresno Community Facilities District No. 11 Annexation 56 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6063 D-6 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-233 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:JILL GORMLEY, TE, Assistant Traffic Engineering Manager Public Works Department, Traffic and Engineering Services Division SUBJECT BILL NO.B-35 -(For adoption;introduced August 21,2014)Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) RECOMMENDATION Staff recommends that the attached amended Special Speed Zone Ordinance be adopted. EXECUTIVE SUMMARY This City Council agenda item is for the purpose of adopting an amended Ordinance to update the official list of designated special speed zones pursuant to Section 14-1501 of the Fresno Municipal Code (FMC).The update is to reflect speed changes and additions which are needed due to development,increased traffic volumes,annexations,locations left off of previous ordinance and construction of new streets and various locations in the City of Fresno.Engineering and traffic surveys have been completed for each speed zone listed,in order to determine speed limits which are “reasonable and safe”as defined in accordance with the requirements of the California Vehicle Code (CVC). BACKGROUND The CVC authorizes local authorities to determine and regulate speed limits on streets under local jurisdiction,subject to certain requirements.Pursuant to CVC Sections 22357 and 22358,speed limits may be adopted in five (5)miles per hour (mph)increments ranging from 25 mph to 65 mph, and must be justified on the basis of engineering and traffic surveys.At the local level,Section 14- City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-233 Agenda Date:8/28/2014 Agenda #: and must be justified on the basis of engineering and traffic surveys.At the local level,Section 14- 1501 of the FMC provides for an Official List of Special Speed Zones to be kept in the form of an uncodified ordinance.For this reason,it is not necessary to amend the FMC itself each time speed zones are changed or added. A comprehensive speed zone ordinance was adopted by Council on February 1,1965,and minor updates were made on July 26,2005,August 29,2006,September 18,2007,July 22,2008, September 30,2010,September 22,2011 and March 7,2013.This amendment (or regular update) is relatively minor in scope.The updated list includes ten (10)previously “unposted”and/or newly constructed segments of roadway,lowering the speed limit on two (2)segments of roadway,listing two (2)segments omitted from previous Speed Ordinances and removing one (1)road segment that no longer exists.Engineering and traffic surveys in compliance with CVC requirements were completed for each zone listed. The chart below summarizes the proposed speed limit changes and additions: STREET FROM TO PREVIOUS SPEED LIMIT RECOMMENDED SPEED LIMIT Broadway Divisadero Tuolumne 35 MPH 25 MPH Fir Prospect Marks (NP)25 MPH Prospect Herndon Fir (NP)25 MPH Riverside Alluvial Spruce (NP)25 MPH Sixth Herndon Spruce (NP)25 MPH Fancher Creek Tulare Fowler (NP)30 MPH Tulare Argyle Fowler (NP)30 MPH Blythe McKinley Clinton 40 MPH 35 MPH Chestnut Shelbourne Copper (NP)35 MPH Huntington Chestnut Maple 35 MPH1 35 MPH Riverside Spruce Veterans (NP)40 MPH Shaw Blythe Golden State 40 MPH1 40 MPH Veterans Riverside Hayes (NP)40 MPH Copper Chestnut Willow (NP)50 MPH Monterey Broadway Golden State 40 MPH REMOVE* MPH = miles per hour NP = Speed limit “not posted”1 = Not included in previous updates * = Segment of roadway has been removed ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(Existing Facilities).This exemption applies because this project involves changes to the official list of designated special speed zones for various streets within the City of Fresno.Staff determined under the CEQA Guidelines this project fits within the definition of existing facilities in the 15301(c)Class 1, as Categorically Exempt from further CEQA review.Furthermore,staff has determined that one of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-233 Agenda Date:8/28/2014 Agenda #: the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not used because amending an uncodified ordinance does not include a bid or award a construction or services contract. FISCAL IMPACT No fiscal impact will occur as a result of updating the Special Speed Zone Ordinance.Maintenance and replacement of traffic signs is a regular budgeted expense which will not change as a result of this update. Attachment: Ordinance City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-242 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division BY:MARK M. JOHNSON, Facilities Manager Public Works Department, Facilities Management Division SUBJECT Approve an Agreement with EMG Engineering and Environmental Consulting, of Walnut Creek, California in the amount of $38,860, with a contingency amount of $50,000 for a total fee of $88,860 to conduct the Facilities Condition Assessment (FCA) of the Municipal Service Center (MSC) buildings (Council District 3) RECOMMENDATION Staff recommends that the City Council approve an Agreement with EMG Engineering and Environmental Consulting (EMG),of Walnut Creek,California to conduct the FCA of the MSC buildings and authorize the Public Works Director or his designee to sign the Agreement on the City of Fresno’s behalf. EXECUTIVE SUMMARY This agreement will provide for an FCA for the MSC facilities and conduct a full architectural and engineering review of the condition of the facilities.The assessment will include probable construction cost to repair and maintain the facilities to acceptable conditions and a full analysis of remedying any existing deferred maintenance issues.The surveys will include assessments of the buildings,the building systems and major components such as plumbing,mechanical (heating ventilation air conditioning),roofing,fire suppression,lighting and electrical systems within the vicinity of the buildings.The surveys will include a list of maintenance and repair needs and cost estimates for those needs,and the estimates of the lifespan of the said building system.EMG will prepare a final report of the assessment prioritizing the corrective capital expenditures. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-242 Agenda Date:8/28/2014 Agenda #: BACKGROUND Staff from the Public Works Department selected EMG in accordance with the City’s qualification based selection process,Administrative Order 6-19,to provide professional engineering services to complete the FCA of the MSC.Staff negotiated a fee of $38,860 for professional services to complete this phase of the assessment.The Agreement also includes an additional $50,000 (total amount will be $88,860)contingency to be used for any additional work outside of the existing scope of services,future phases and contingent on the Director's approval as set forth in the executed Agreement.Future phases may include City Hall,City Hall Annex,Convention Center,Chukchansi Park Baseball Stadium,Police Department Headquarters,Fire Department Headquarters and Park Community Centers; and possibly Police Substations, Fire Stations and other City Buildings. EMG will be conducting an FCA on the MSC buildings,including 19 buildings,10 shelters,and 5 parking lots,with buildings totaling 218,644 square feet and parking lots totaling 317,800 square feet. EMG will compile an Assessment Report of each facility,prepared in a manner consistent with industry standards which will serve as a guide for future replacement,repairs,and improvements for the City to keep facilities,grounds and infrastructure in proper working condition.EMG will survey and assess all building systems and components to identify deficient conditions and accurately estimate the cost to correct each deficiency.Capital Improvements will be ranked and prioritized for 5, 10 and 20 year budget analysis for planning. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE Local Preference was taken into consideration in the selection and interview process. FISCAL IMPACT Approval of the agreement will have no unexpected fiscal impact.These amounts were included in the Facilities Management FY15 budget appropriations. Attachment: Agreement with EMG City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the 1st day of September, 2014, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as 'CITY'), and EMG, Clampett lndustries LLC dba EMG (hereinafter referred to as "coNSULTANT'). RECITALS WHEREAS, CITY desires to obtain professional Facility Assessment services for CiÇ of Fresno Facilities Assessment Project, hereinafter referred to as the "Project;" and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a Engineering and Environmental Consultant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Public Works Director (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in Exhibit A, including all work incidental to, or necessary to perform, such seruices even though not specifically described in Exhibit A. 2. Term of Aoreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or September 1,2017, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY'S issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within One Thousand Ninety Five (1,095) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) CONSULTANT'S sole compensation for satisfactory performance of all seruices required or rendered pursuant to this Agreement shall be a total fee of Thirty Eight Thousand Eight Hundred and Sixty Dollars ($38,860.00), and a contingency amount not to exceed Three Thousand Five Hundred Dollars ($3,500.00) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. DPW-S 28 1 tO3-24-14 1 (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT'S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination. Remedies and Force Maieure. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTAf.¡T; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (¡ii) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) lmmediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) retum to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) ln the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would othen¡vise be payable as an offset to, but not in excess of, CITY'S damages caused by such failure. ln no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and lncldental damages for the breach of the Agreement. lf it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon Director's request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of DPW-S 28 1 t03-24-14 -2- common carriers. coNsuLTANT shat notify DirectoJ in wftino as soon as- it. is reasonably oossibre after the "óÃ*ãn""tent of, unv'-"*ðu'"ble delay'' J:iidit;nn the full particulars in 'connection therewith, "19 "l3rli-"1:1t"?i:l"li:$:*i,:Tflm",:l*r"ãi"p"i'n' and sharr ;?lå"riüi J:i:il:l' #ì1" J lä'bi'.å ä,""i'i ine ce s sat¡ o n or s u ch o cc u rre n ce in CITY. (c)lfcoNSULTANT,shouldsubcontract'alloranyportionoflheservicesto be perrormed under *,iJädãfg"r cöñöüiiÃñr ,nurriai,rä'äaãñ run"ontractor to also ããtiJrv *itn Ûre requiremenis of this Section 5' (d)ThisSection5shallsurviveexpirationorterminationofthisAgreement. ino",nI*y, *,i#ffio"J,io'3i'iil:':":Ji'*3"3#,3j,.iîi?Jî;'f?Hliils:':*il DPW-S 28.1 lo3-24'14 -3- and volunteers from any and all loss, líability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. lnsurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in fullforce and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the State of California and rated no less than "A-Vll" in the Best's lnsurance Rating Guide, or (ii)as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) lf at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall requíre each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the CITY and each of its DPW-S 28 I lO3-24-14 officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using lnsurance Service Office (lSO) Form CG 20 101185 or both CG 20 101001 and CG 2037 1001 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of lnterest and Non-Solicitation. (a) Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit G. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California GovernmentCode Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (lneligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) ln performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or othen¡uise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT'S subcontractors performing any seruices on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. DPW-S 28.1 t03-24-14 5 (f) lf CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recvclino Prooram. ln the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) lmmediately establish and maintain a viable and ongoing recycling program, approved by CITY'S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY'S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) lmmediately contact CITY'S Solid Waste Management Division at (559)621-1452and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as othenryise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. ln addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. lf any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evídence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). lf CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to DPW-S 28.1 t03-24-14 -6- perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mentaldisability, medicalcondition, maritalstatus, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medicalcondition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. DPW-S 28 1 t03-24-14 -7- 13. lndependentContractor. (a) ln the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. ln addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. lt is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Bindinq. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. DPW-S 28.1 103-24-14 -B- 16. Assionment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. ln providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governino Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headinos. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severabilitv. The provisions of this Agreement are severable. The invalidity, or unenforceabílity of any one provision in this Agreement shall not affect the other provisions. 22. lnterpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attornev's Fees. lf either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. DPW-S 28 I 103-24-14 -9- 25. Precedence of Documents. ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Partv Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Aqreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. ut ilt ut DPW-S 28.1 lj3-24-'t4 -10- By: By: By: lN WITNESS WHEREOF, the parties California, the day and year first above written. CITY OF FRESNO, a California municipal corporation Robert N. Andersen, PE, Assistant Director of Public Works Public Works Department ATTEST: WONNE SPENCE, CMC City Clerk Deputy No signature of City Attorney required. Standard Document #DPW-S 28.1 has been used without modification, as certified by the undersigned. Mark M. Johnson Facilities Manager Public Works Department REVIEWED BY: Eric Johnson, Engineer ll, Public Works Department Addresses: CITY: City of Fresno Attention: Mark M. Johnson, Facilities Manager 2101'G' Street, Building'A' Fresno, CA 93706 Phone: (559)621-1017 FAX: (559) 457-1160 Attachments: have executed this Agreement at Fresno, EMG, Clampett lndustries LLC By: Name: Title: (if corporation or LLC, Board Chair, Pres. or Vice Pres.) Name: Title: (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Date of lssuance: CONSULTANT: EMG Attention: Erik S. Piller, Vice President 2121N. California Blvd., Suite 290 Walnut Creek, California 94596 Phone: (800) 733-0660 FAX: (a10) 785-6200 By: 1. Exhibit A - Scope of Services2. Exhibit B - lnsurance Requirements3. Exhibit C - Conflict of lnterest Disclosure Form DPW-S 28.1 103-24-14 -11- EXHIBIT A SGOPE OF SERVICES Consultant Service Agreement between City of Fresno ("City") and EMG ("Consultant") Gitv of Fresno Facilities Assessment Proiect Project Title PROPERTY(IES) EMG will conduct facility assessments on the following Municipal Service Corporation buildings, including 19 buildings, 10 shelters, and 5 parking lots, buildings totaling 218,6445F and parking lots totaling 317,800 SF: . Building A (9,532 SF). Building B (6,342 SF). Building C (3,642 SF). Building D (2,450 SF). Building E (3,739 SF). Building E-1 (7,040 SF). Building F (47,250 SF). Building G (7,961 SF). Building H (7,961 SF). Building l(7,821 SF). Building TOC (2,100 SF). Building S1 (6,500 SF and adjacent parking/ roadway) ' Building 32 (4,200 SF) Building Tr (350 SF) Building T2 (1,035 SF) Building V (1,580 SF) Building W (7,240 SF) Building X (3,130 SF) Building Y (6,616 SF and adjacent parking/ roadway) Shelter 1( (3.300 SF) Shelter L (8,830 SF) Shelter M (8,830 SF) Shelter N (8,830 SF) Shelter O (7,400 SF) . Shelter P (7,400 SF) Shelter Q (16,170 SF) Shelter R (8,830 SF) Shelter U (8,495 SF) Shelter V (4,070 SF) Parking Lot I (88,900 SF) Parking Lot2 (58,900 SF) Parking Lot 3 (63,600 SF) Parking Lot 4 (50,900 SF) Parking Lot 5 (55,500 SF) Gate Entrance / Guard Shack (El Dorado and G Street) ¡ I I I I I I I I I ¡ SERVICE(Sì & FEE(S) Municipal Service Corporation Facilities Assessment $38,860.00 The fees are limited to the specific Services described herein, performed according to the requirements of the corresponding ASTM standard practices, or other specified Protocols. Page I of13 TIMING EMG's report(s) will be delivered within 30 full business/working days after receipt and approval of the signed proposal document. EMG reserves the right to extend the report delivery schedule as a result of any delay caused by: o Delay by City in providing EMG an acceptable written authorization to proceed; oro Failure by City to provide an accurate site address or an accurately identified and cooperative point of contact for access to the property, where applicable. During the course of the assignment, a call will be placed to the designated onsite Point-of- Contact (POC) provided by the Client in order to schedule the site visit(s), where applicable. The Client acknowledges that the Point of Contact provided shall be deemed an agent of the Client for the purposes of providing access and conveying information peñaining to fhe Sde. DELIVERABLE(S) The quoted price includes the delivery of: Timing for completion of any requested post-delivery modifications to the report will be determined at the time of the request. Factors affecting this timing include (but are not limited to): (a) Complexity of the requested modification(s); (b) Number of reports affected by the request, and (c) EMG's capacity at the time of the request. ln order to serve you best, we require that all requests for changes to reports be submitted within 30 days of initial delivery. lf different deliverables are required, please indicate the correct quantities, types and methods of delivery on the Project Authorization page of this proposal. DOCUMENTS TO BE FURNISHED BY CLIENT ln order to facilitate a cursory review of pre-existing documents for each Project, EMG asks to be furnished with electronic or printed copies of readily available site information. Documents may include: Email Full Report (PDF) and One (1) Page 2 of 13 ¡ta. CITY OF FRESNO TO PROVIDE: Facilitv Condition Assessment Serviceso lnspection Reports (sewer, boiler, chiller, . Owner Elected Repair List (if etc.) available)o Zoning Reports . Original Building Plans (can beo Capital Expenditure Schedules (prior or viewed on-site)planned) o Fire Protection/Life Safety Plans. Rehabilitation Budget & Scope (draft or . Certificates of Occupancy/Facilityfinal) Licenseo Prior Assessments (CAN, PNA, PCA, o Site Plan/Floor Plans FCA, etc.) . Accessibility Transition Plans/Self. Building Systems Maintenance Evaluations Records Note: Documents to be reviewed should be provided to EMG prior to the on-site visit. ln the event that documents can only be made available at the Site, EMG will perform a cursory review during the site visit as time permits. lf documents are received after the site visit date, or if the volume of documentation is determined by EMG to be excessive, then the Project may be subject to additional review fees at the rate of $175.00 per hour. Any additional review fees will be mutually agreed upon by EMG and the Client at the time of review request, and will be authorized using a Change Order. Page 3 of 13 DescRlplolt or Senvlces Scope of Work EMG will compile an Assessrnent Report of each facility prepared in a manner consistent with industry standards, ASTM E 2018 08. Deliverables will include a narrative report for each building and web-accessible database with a summary report of all buildings identified for review. The Facility Condition Assessment for the City of Fresno will consist of the following: ' Present condition and estimated life expectancy of building systems and components. . Anticipated maintenance and replacement costs for the systems and components. . ldentification/documentation of condition of physical assets (grounds, facilities, infrastructure). ' Recommendations for corrections of all deficiencies and cost estimates for corrections. . Resources needed to routinely maintain operability, sustainability, and value of the physical assets given their current function. . Prioritization, categorization, and classification of deficient conditions, corrective actions, and information concerning building systems and deficiency categories. The study will serve as a guide for future replacement, repairs, and improvements for the City of Fresno to keep facilities, grounds, and infrastructure in proper working condition. EMG will survey and assess all building systems and components to identify deficient conditions and accurately estimate the cost to correct each deficiency. At project implementation, EMG will conduct a Kick-off Meeting to introduce team members and present key activities. Within this meeting we will address the following: ' Availability, condition, and location of existing drawings and documentation. . Review of available descriptive building information (year built, history, major renovations). . lnterview with those familiar with the properties to collect pertinent data (building problems, operating difficulties, equipment characteristics) for integration into the assessment. . Review of the work plan and schedule for the contract with key milestones. . Confirmation of the final scope of work. EMG will conduct bi-weekly Progress Meetings to maintain communication with the Project Team and the City of Fresno. EMG will lead with an agenda focusing on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. EMG will provide the City of Fresno with a weekly written status report that tracks and monitors the progress of the assessments against the schedule. Page 4 of13 General Observation Scope. The field observe(s) will visit the property to assess the general condition of the building(s) and site improvements, review provided construction documents in order to become familiar with and be able to comment on the in-place construction systems, life safety, mechanical, electrical, and plumbing systems, and the general built environment. The field observer will conduct a walk{hrough survey (non-invasive visual) of the building(s) to observe building systems and components, identify reported physical deficiencies, and formulate recommendations to remedy the physical deficiencies.o The field observer will interview the property personnel/representative(s) (i.e., the owner or owner's representative or the individual(s) designated by the Clíent) to inquire about the subject property's significant historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements.o The field observer will attempt to interview the property's maintenance providers of the major building systems, such as roofing, HVAC, and the like, in an attempt to gain greater insight to the historic preventative maintenance, recent capital improvements, and remaining useful life that may not be obtained othen¡rise. This information will not be used in lieu of EMG's site assessment, but is anticipated to complement the due diligence performed by the EMG field observer.o The field observer will develop opinions based on their walkthrough survey, interviews with the property personnel, relevant maintenance contractors (if arranged by the Client) and municipal authorities, and experience gained on similar properties assessed. The field observer may also question others who are knowledgeable of the subject property's physical condition and operation, or knowledgeable of similar systems to gain comparative information to use in the assessment of the property.. The field observer may review documents and information provided by the property personnel that could assist in identifying the subject property's physical improvements, extent and type of use, and/or help to identify material discrepancies between reported information and observed conditions. The review of documents submitted is not to opine on the accuracy of such documents, adequacy of design, or their preparation methodology or protocol.¡ The field observer will conduct the site assessment and follow-up interviews with the interests of an equity involvement in the property. The specific interests of the field observer will be to identify capital repairs and deferred maintenance that can substantially impact the lmmediate (90 days), Short-term (one-year), and Replacement Reserves (10 years) operation of the property.. The field observer will nof be providing any information on the condition, operation, serviceability, or capability of process, manufacturing, or business specific equipment for facilities that have specific equipment installed. lf there is a requirement to provide information regarding process and/or manufacturing equipment, then this information must be identified by adding a specific and separate page to this proposal that identifies the specific equipment that is to be observed and included in the scope of work.. lt is inherent in the selection of the field observer that some bias will be introduced into the report based on the technical background of the observer (structural, mechanical, Page 5 of 13 architectural, etc.). At the Client's discretion, a specific technical expertise may be requested. This request must be included in the signed contract and may require an additional fee to accommodate the logistics of scheduling and transportation associated with the request. The scope of work, regardless of the technical background of the field observer, is inherently the same for these services. Site - As Required Topography, Landscaping and Appurtenances: Observe general topography, material landscaping features, and site appurtenances (irrigation systems, lighting, signage, ponds, etc.) at the subject property and note any reported physical deficiencies or unusual conditions observed or reported. Stormwater Drainage: ldentify the storm water collection and drainage system at the subject property. Observe general conditions and note reported physical deficiencies or any unusual items or conditions observed or reported. lngress and Egress: ldentify and note the locations of the major means of access and egress, and note any unusual items or conditions observed or reported. Flatwork: ldentify the material flatwork at the subject property (paving, parking, sidewalks, plazas, patios). Observe general conditions and note reported physical deficiencies or unusual items or conditions observed or reported. Utilities: ldentify the type and provider of the material utilities provided to the property (water, electricity, natural gas, etc.). Observe general conditions and note reported physical deficiencies or material problems or system inadequacies reported. Special Utility Systems: Note the presence of any material special on-site utility systems (water or wastewater treatment systems, special power generation systems). ldentify material system information (system type, manufacturer, reported capacity, age). Out of Scope /ssues: Calculating capacities or determining the operating conditions of any systems, obseruations of sub-surface utilities, or accessrng manholes, utility pits, or confined spaces. Structural Frame and Building Envelope ldentify material elements of the structural frame and building envelope (if identified on provided drawings). Observe general conditions and note reported physical deficiencies or unusual items or conditions reported or observed in readily apparent conditions. Observations are limited to grade and may include accessible balconies or rooftop vantage points. lf provided, review as-built construction plans, previously prepared property reports, and records of remedial actions or repairs. ln the event more information or exploratory testing is required to provide remedial measures, the report will include associated recommendations for further investigation requiring a specific expertise. Recommendations of this nature will include a summarízed scope and a general estimate of cost for budgetary purposes. Page 6 of 13 Out of Scope /ssues; Entering of confined areas (however, field observer should report on conditions to the extent safely obseruable from the area point of access), determination of previous subsfructure flooding or water penetration, sersmic and wind load considerations, determination of Probable Maximum Loss (PML), or calculations of any kind. Gurtain Wall Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; this may include observations from internal and external vantage points, as well as from adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points. Review provided drawings and records of repair, replacement, and maintenance of framing and glazing. Roofing ldentify material roof systems (roof type, reported age, slope, drainage). ldentify unusual roofing conditions or rooftop equipment. Observe general conditions of the roof system (attachment methods, flashings, parapets, miscellaneous appurtenances). Observe for evidence of material repairs, significant ponding, or evidence of roof leaks. Note whether a roof warranty is in effect, and reported physical deficiencies or unusual items observed or reported. The scope for the walk-through survey of the roof(s) and associated fee provided herein are based on the assumption the property contains buildings with flat roofs and built-in roof access. lf the buildings do not contain built-in roof access, a ladder or lift to permit such access shall be provided by the property personnel/representative(s). The field observer may refuse to attempt to gain roof access andior the use of ladders or lifts if they present a safety or operational concern. Property conditions discovered while on site may also preclude the field observer from gaining roof access on any or all roofs. EMG will endeavor to inform the Client when no or insufficient access is provided. Out of Scope /ssues: Walking on pitched roofs, roofs that appear to be unsafe or where access is impacted by adverse or weather conditions at the time of the site observation, or roofs lacking built-in access. Determining any roof design criteria. Plumbing ldentify the material plumbing systems including domestic water supply and hot water production, sanitary sewer, or any special or unusual plumbing systems (water features, grease traps, fuel systems, gas systems). ldentify the type and condition of observed restroom fixtures, drinking fountains, and/or other miscellaneous plumbing equipment. Where readily visible, observe general conditions and note reported physical deficiencies or any unusual items or conditions observed or reported. Page 7 of 13 Out of Scope /ssues: Determining fixture counts, pipe sizes, pressure, flow rates, and capacities of any plumbing sysfems; verification of point of discharge for underground sysfems; and assessing concealed materials or equipment. Heating ldentify material heat generating systems. Observe general conditions, identify reported age of the equipment, note reported component replacements/upgrades, note apparent level of maintenance, and identify whether a maintenance contract is in place (name the contractor). lf heating equipment is not operational at the time of the walkthrough survey, provide an opinion of the condition to the extent reasonably possible. Note reported physical deficiencies or unusual items or conditions observed or reported. lnclude reported system problems. ldentify and observe special or unusual heating systems or equipment (fireplaces, solar heat). Out of Scope /ssues: Operating equipment; removal of equipment cover panels and entering ductwork associated with air handling sysfems; observing flue connections; obseruing the interiors of chimneys, flues, or boiler sfacks; performing any capacity calculations; and assessrng concealed materials or equipment. Air-Conditioning and Ventilation ldentify material air-conditioning and ventilation systems. lnclude material equipment (cooling towers, chillers, package units, split systems, air handlers). ldentify material distribution systems at the subject property. Generally note reported tenant-owned equipmenUsystems not included in this review. Observe general conditions, identify reported age of the equipment, note reported component upgrades/replacements, note apparent level of maintenance, and identify whether a maintenance contract is in place (name the contractor). lf air-conditioning and ventilation systems are not operational at the time of the walk-through suryey, provide an opinion of the condition to the extent reasonably possible. Note reported physical deficiencies or any unusual items or conditions observed or reported. lnclude any reported system problems. ldentify and observe special or unusual air-conditioning and ventilation systems or equipment (ice skating rinks, cold storage systems, special computer cooling equipment). Out of Scope /ssues; Operating equipment; removal of equipment cover panels and entering ductwork associated with air handling sysfems; assessrng process related equipment, tenant owned equipment, concealed materials (i.e., insulation, vapor retarders, etc.) or equipment; and performing any capacity calculations. Electrical ldentify electrical service provided and distribution system. lnclude primary electrical equipment such as material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems. Where readily visible, observe general electrical items (distribution panels, type of wiring, energy management systems). Observe general conditions and note reported physical Page I of13 deficiencies or any unusual items or conditions observed or reported. lnclude any reported material system problems. ldentify special or unusual electrical systems or equipment present. Out of Scope /ssues; Operating equipment; removal of electrical panel and device covers; determinatíon of EMF issues; electrical testing; operation of any electrical devices or drscussion of process sysfems; performing any capacity calculations; and assesstng concealed materials or equipment. Vertical Transportation (lf Req uired) ldentify vertical transportation systems. lnclude the equipment manufacturer, type, location, number, etc. Observe elevator cabs, finishes, call and communication equipment, etc. ldentify the company that provides elevator/escalator maintenance at the subject property. Observe general conditions and note reported physical deficiencies or unusual items or conditions observed or reported. lnclude reported material system problems, Out of Scope /ssues: Performing any calculations, examination of operating system componenfs such as cables, controller, motors, etc. Entering elevator/escalator pits or shafrs. Life Safety/Fire Protection ldentify material life safety/fire protection systems, including sprinklers and stand pipes, fire hydrants, presence of fire alarm systems, smoke detectors, fire extinguishers, emergency lighting, and other like safety systems that are readily visible. Observe general conditions and note reported material physical deficiencies or unusual items or conditions observed or reported. lnclude any reported material system problems. Out of Scope /ssues; Determining NFPA hazard classifications, classifying or fire rating of assemb/res, or performing any system testing. Assessrng concealed materials or equipment. lnterior Elements ldentify typical common areas (lobbies, corridors, assembly areas, restrooms) and building standard finishes (flooring, ceilings, walls). ldentify material building amenities or special features (spas, fountains, clubs, shops). Observe general conditions and note reported physical deficiencies or unusual items or conditions observed or reported. ADA Provide a general statement of the Property's conformity to Title lll of the Americans with Disabilities Act (ADA). This is based upon limited visual observation during the walk- through survey and will not constitute a full ADA survey, nor include measurements, to verify compliance. Only a limited sample of areas will be observed. Mold On a limited visual basis during the walk-through survey, the field observer will note observed suspect mold and/or evidence of moisture in the observed areas. The field observer will interview the property representative regarding his/her knowledge of the Page 9 of 13 presence of any known or suspected mold, elevated relative humidity, water intrusion, or mildew-like odors. Out of Scope /ssues; Conducting sampling and/or testing.,Assessrng concealed materials and equipment. This observation does not constítute a comprehensive mold suruey. The reported obseruations and conclusions will be based solely on interviews with property personnel and conditions observed at the time of the assessmenf. Special Systems and Equipment lnclude all special systems and equipment, such as pull-up/roll-up doors, unique hoist systems, hydraulic lifts, fueling facilities, chillers, equipment lifts, chair lifts, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems. Energy Conservation Analysis Analyzing all evaluated systems mentioned above and providing projected installed cost and savings estimates resulting from each improvement recommended; and prioritizing projects with the most attractive payback potential. Analvsis of Buildinq Gondition lnformation Based upon our observations, research, and judgment, along with consulting commonly accepteci empirical expected useful life (EUL) tables, EMG will render an opinion as to when a system or component will most probably necessitate replacement. Accurate historical replacement records provided by the Facility Manager are typically the best source for this data. Exposure to weather elements, initial system quality and installation, extent of use, quality, and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. A system or component may have an effective age +/- its actual age. The RUL of a component or system equals the EUL less its effective age. ln addition to determining the EUL and the RUL for each systemicomponent, EMG will categorize each cited deficiency within one of the following Five Priorities: . Priority 1: Currently Critical (lmmediate): Deficiencies requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation. . Priority 2: Potentially Critícaf (Year 1): Deficiencies requiring action in the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation. . Priority 3.' IVecessary - Not Yet Critical (Years 2-3): Deficiencies requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further. . Priority 4: Recommended (Years 4-5): Deficiencies representing a sensible improvement to the existing conditions. These are not required for the most basic function of the facility; however, Priority 4 projects will improve overall usability and/or reduce long{erm maintenance costs. Page 10 of 13 lt / t . Priority 5.'Does Not Meet Current Code but "Grandfathered": No Action required at this time, but should substantial work be undertaken, correction would be required. Classification Deficiencies observed will be Uniformat System:. Site . Architectural. Exterior Systems . Exterior Finishes . Life Safety Systems classified into categories such as the following, using the . Special Electrical Systems . Fire Suppression Systems . Special Construction . lnterior Systems . lnterior Finishes . Telephone lnfrastructure and Systems. Data lnfrastructure and Server Rooms . Heating, Ventilation, and A,/C Systems. Plumbing Systems ' Electrical Distribution Systems. Service Distribution Systems Cost Estimatins Each report will include a Capital Needs Analysis with estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report narrative will discuss options for deficiency repair, and the analysis will be presented in Excel including a summary of the description of each component, age, estimated RUL, anticipated year of repair/replacement, quantity, unit cost, and total cost for repair of each line item. A consolidated Capital Needs Analysis will be presented including all anticipated capital needs for all buildings. EMG will provide cost estimates for deficiencies noted based on maintenance and repair estimates, and may include project management, construction, and design fees derived using actual costs from previous projects. Costs will be confirmed with the City of Fresno. EMG uses the Uniformat System and RS Means Model for the baseline of cost estimating. EMG maintains this system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in- progress construction and rehabilitation projects. This allows us to project costs based on local conditions and maintain a database that is more current than published RS Means' models. Report Deliverables EMG will provide a written analysis including a detailed description of each building component and system. Each report will be organized by building system including a description of all systems and components, and will include color digital photos of major systems and components, and photos of all deficiencies identified. ln addition to the narrative description, each report will include discussion of current and anticipated repairs Page 11 of13 and deficiencies, and of any applicable options for repair or maintenance of building components. These deficiencies will be summarized in a Capital Needs Analysis Table included throughout each report. All EMG reports are submitted as drafts. Once individual assessments are finalized, a program summary report will be provided to include a roll-up of all prioritized capital needs across all facilities. The program summary report will reflect a 1O-year capital plan based upon EMG's 2O-year building system evaluation. The capital needs analysis will include a cost table sorted by building and system, and ranked by priority for repair. The format of the table will allow for the customization of reporting by building, system, or priority for repair, and a year-by-year analysis of capital needs. EMG will provide both a digital copy (PDF) and one (1) hard copy of the reports to the City. lnteraction with the Citv of Fresno Staff The Facility Condition Assessment will be a collaborative process between EMG and City of Fresno Staff. There will be weekly conference calls to track progress against the schedule and discuss recommendations observed in the field and while writing the report. EMG will provide a rolling delivery of draft reports to the City of Fresno for review and comment. Upon completion and acceptance of the reports, EMG will conduct a training session for City of Fresno Staff on the AssetCALCrM database. Assessment Software: AssetCALCrM EMG will utilize AssetCALCrM as the platform for all data collected on this project. AssetCALCrM is a web-based SQL system that allows users to query information regarding specific items or across the entire asset portfolio. This streamlines the capital planning process by compiling funding requirements for deficiencies to create budget models based on project priority and life cycle maintenance and repair requirements. Prior to populating the database, EMG will work with the City of Fresno to establish attributes and data points requíred to be associated with each asset. This will include a discussion of relative priority of the asset. The first step in populating the database is to create an asset inventory. This will include all of the City of Fresno's assets and will be grouped in a hierarchy based on site location, asset group, and function. At the facility assessmenUdata collection phase, EMG will use AssetCALCrM as the platform in the field for collection and analysis of asset conditions and needs. AssetCALCrM data can be exported to a format compatible for upload into the City of Fresno's CMMS software (if applicable). AssetCALCrM features include:. Location Hierarchy. DeficiencyClassifications. Deficiency Priority Godes. Reporting: Standard Excel reports have deficiencies grouped by priority, location, replacement year, and deficiency classification. A cost summary is also included.. Searching: lndividual deficiencies can be searched by location, deficiency classification, and priority. Page 12 of 13 . Deficiency management: Add deficiencies, calculate Facility Condition lndex by building or site, and re-prioritize and re-classify existing deficiencies.. Proprietary EMG Gost Database (with adjustable inflation assumptions). Facility Condition lndex Calculation Report (by building). Backlog and Funding Projection Module (recalculates FCI based on funding assumptions) AssetCALCrM includes many features applicable to asset managers and budget officials, including:. Rank and Prioritize Capital lmprovement Projects. View Gomplete Deferred Maintenance Backlog. Report (by building, priority, system, or dollar deficiency amount). lnnovative Search Screen: Allows deficiency classifications, reporting, and management.. Capital Budget Planning. Year-by-Year Capital Needs Analysis. 5, 10, or 20-Year Breakdown Reports ' Priority Codes. Standardized Cost Database. Searching Ability (property names, age, cost, deficiency status/priority) Page 13 of13 EXHIBIT 1 o MSC SITE PLAN ."G" STREET ENTRANCE SHELTER L SHELTER M SHETTER N "'_f, st.f JI'Jt t I c' =x NË ÈÀ Ëi B tffi SHELTER R Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between Gity of Fresno ("G!TY") and EMG ("CONSULTANT") MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most cunent version of lnsurance Services Office (lSO) CommercialGeneral Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of lnsurance." 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Gode 1- Any Auto). lf personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability I nsurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits o1 liability of not less than those set forlh below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named ínsured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage;(ii) $1,000,000 per occurrence for personal and advertising injury;(iii) $2,000,000 aggregate for products and completed operations; and, DPW-S 28.1 t03-24-14 Page 1 of4 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIALAUTOMOBILELIABILITY: $1,000,000 per accident for bodily injury and property damage. oR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(ii¡) $1,000,000 disease policy limit. 5. PROFESSIONAL L¡AB|L|TY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate. UMBRELLA OR EXGESS INSURANCE ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). ln addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of lnsurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or hisiher designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its offícers, officials, employees, agents and volunteers; or DPW-S 28.'1 103-24-14 Page 2 of 4 (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER ¡NSURANCE PROVISIONS/ENDORSEMENTS are to contain, or be endorsed to contain, the following provisions: CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG20 101185orbothCG20 10 1001 andCG2037 1001 orbyanexecuted manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional lnsured. For any claims related to this Agreement, CONSULTANT'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 0413 or by an executed manuscript insurance company endorsement,that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 0413. The Workers' Compensation insurance policv is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. is written on a claims-made 1. 2. 3. L 2. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work, or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. lf coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT 3. DPW-S 28 1 tO3-24-14 Page 3 of 4 must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs fìrst. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). ln the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall-provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-lSO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DPW-S 28.1 103-24-14 Page 4 of 4 Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Citv of Fresno Facilities Assessment Proiect PROJECT TITLE YES*NO 1 Are you currently in litigation with the City of Fresno or any of its agents? u 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? tr 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? tr 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? n 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?¡ 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?n * lf the answer to any question is yes, please explain in full below. Explanation: ,x (name) Erlç ¡ Additional page(s) attached. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-248 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:JERRY DYER, Chief of Police Police Department BY:ROBERT NEVAREZ, Deputy Chief Administrative Services Division SUBJECT Request City Council approve the annual participation in the Federal Equitable Sharing Agreement Program for the disposition of funds forfeited in connection with a crime and authorizing the execution of related documents RECOMMENDATION It is recommended that City Council authorize the City Manager and the Chief of Police to enter into the annual Federal Equitable Sharing Agreement for the disposition of funds forfeited in connection with a crime. EXECUTIVE SUMMARY The Federal Equitable Sharing Agreement Program provides local law enforcement agencies with funds derived from forfeited assets (cash and property)used in connection with a crime.The Fresno Police Department uses these funds to pay for the Skywatch program,safety equipment,and other items that are directly related to law enforcement.Authorizing the City Manager and the Chief of Police to enter into this agreement assures the City's participation in this program. BACKGROUND Asset forfeiture is an effective law enforcement tool the United States uses to deprive criminals of ill- gotten gains by seizing the proceeds of criminal activity and property used to facilitate crime.Seized property is shared with state and local law enforcement agencies which make substantial contributions to underlying criminal investigations.This not only deprives criminals of ill-gotten gains, but returns the proceeds to law enforcement to use to fight crime at the front-line level.The Department uses this funding opportunity to help address operational and equipment needs,such as the Skywatch program,weapons,ballistic vests,and safety equipment.The Federal Equitable Sharing Agreement must be submitted annually,within 60 days of the end of each fiscal year,and City Council's authorization will provide the new agreement to be effective through June 30,2015. The agreement must be signed by the City Manager and the Chief of Police.By signing the City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-248 Agenda Date:8/28/2014 Agenda #: The agreement must be signed by the City Manager and the Chief of Police.By signing the agreement,the signatories agree to be bound by the statutes and guidelines that regulate the program. ENVIRONMENTAL FINDINGS Environmental findings are not applicable since the agreement is not a project. LOCAL PREFERENCE Local preference is not applicable since goods and services are not being procured. FISCAL IMPACT These funds are mandated to be used for law enforcement purposes only,and are required to enhance rather than supplant the General Fund budget.The Police Department uses this resource for the Skywatch program,ballistic vests and other operational needs that are not funded by the General Fund. Attachments: Annual Equitable Sharing Agreement 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#14-258 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:JERRY P. DYER, Chief of Police Fresno Police Department BY:DEPUTY CHIEF SHARON SHAFFER Support and Special Services Division SUBJECT Authorize the Chief of Police to enter into an agreement with Central Unified School District to provide two School Resource Officers at 100% of the actual officer’s cost, a police sergeant at 10% of the actual sergeant’s cost, plus administrative fees and the operation/maintenance costs of two patrol vehicles for a total of $267,483 RECOMMENDATION It is recommended that Council authorize the Chief of Police to enter into an agreement with Central Unified School District to provide two School Resource Officers (SROs),a police sergeant,and two patrol vehicles. EXECUTIVE SUMMARY The Central Unified School District (CUSD)and the Police Department have had a continuous agreement for SRO services since 2007.The term of this agreement will be retroactive from July 1, 2014 through June 30,2017.CUSD will fund two officers at 100%,a police sergeant’s position at 10%,plus administrative fees and the operations and maintenance of two patrol vehicles.The total cost is $267,483.The remaining 90%of the police sergeant costs are paid by other contracted school districts. BACKGROUND The CUSD,in an effort to provide a safe learning environment for students attending district high schools and middle schools,has agreed to fund two SROs at 100%of the Police Department’s actual rates from July 1,2014 to June 30,2017.CUSD and the Police Department have had a continuous agreement since 2007. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-258 Agenda Date:8/28/2014 Agenda #: The term of this agreement will be retroactive from July 1,2014 through June 30,2017.CUSD will fund $260,467 for two officers,10%for a police sergeant,plus $350.00 for administrative fees and $6,666 for the operations and maintenance of two patrol vehicles.The total cost is $267,483.The remaining 90% of the police sergeant costs are paid by other contracted school districts. The two SROs will perform regular duty law enforcement services.One SRO will be assigned to the District’s high schools located at:3535 N.Cornelia Ave.,11 S.Teilman,and 855 W.Nielsen,in Fresno.The other SRO is assigned to the three district middle schools located at:4443 W.Weldon, 4055 N. Bryan Ave., and 6240 W. Palo Alto Ave., in Fresno. Assignment is during the standard school year and normal hours of operation,subject to the availability of the SRO.For purposes of the attached agreement,“availability”shall be at the sole determination of the Chief of Police,or his/her designated representative,taking into consideration any factors including,without limitation,health of officer,shortage of staffing,funding,and duty assignment of officer(s)to higher priority matters.However,in specific instances of the SRO taking personal leave or FPD approved law enforcement training,another available police officer will be assigned temporarily at the schools during such leave or training. The City Attorney has reviewed and approved as to form the proposed agreement. The primary mission of the Fresno Police Department SROs is to improve the quality of life of students,parents,school employees,and related community members directly affected by the program. Specific desired outcomes of the program include: •Reduction of criminal activity and fear on campus,and foster a positive relationship with the school community •Handle calls-for-service for incidents that occur in and around designated campuses involving students and/or employees •Identify school-related enforcement problems and develop solutions in a problem-solving manner •Provide a coordinated team effort between the Fresno Police Department and CUSD •A general improvement in the relationship between the Fresno Police Department and CUSD This agreement between agencies will lead to the enhancement of collaborative problem solving and bolster the quality of life for the students, parents, and staff of the respective schools. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT The General Fund is not impacted.CUSD will fund 100%of the Fresno Police Department's operational costs for the period of July 1,2014 to June 30,2017.Operational costs include the two City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-258 Agenda Date:8/28/2014 Agenda #: police officers, a part-time sergeant, administrative fees, and two patrol vehicles. JPD/SJS/dgn 06/19/14 Attachment: (1) Agreement 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#14-274 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department TRHOUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION -Approving the Final Map of Tract No.5914 and accepting dedicated public uses offered therein -northeast corner of North Hayes Avenue and West Herndon Avenue (Council District 2) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.5914 and accepting the dedicated public uses offered therein. EXECUTIVE SUMMARY The Subdivider,Herndon/Hayes No.1,LLC,a California Limited Liability Company,the McCaffrey Group,Inc.,a California Corporation,its General Partner (Robert A.McCaffrey,Chief Executive Officer,Brent M.McCaffrey,President),has filed for approval,the Final Map of Tract No.5914,for a 33-lot single-family residential subdivision with one outlot for Paseo purposes and one outlot for future development,located on the northeast corner of North Hayes Avenue and West Herndon Avenue on 11.14 acres. BACKGROUND The Fresno City Planning Commission on March 5,2008 adopted Resolution No.12829 approving Vesting Tentative Map No.5914 (Tentative Map)for a 38-lot single-family residential subdivision on 5.11 acres at an overall density of 7.83 units per acre and a one lot administrative and professional office district zoned parcel on 4.38 acres and one outlot for Paseo purposes.The Development and Resource Management Department on October 13,2009,February 18,2010,May 16,2012 and City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-274 Agenda Date:8/28/2014 Agenda #: Resource Management Department on October 13,2009,February 18,2010,May 16,2012 and February 4,2013 approved revisions to Vesting Tentative Map No.5914 resulting in the reduction of the number of lots from 39 to 34.The Tentative Map was approved consistent with the 2025 General Plan and the Bullard Community Plan to comply with the provisions of the Subdivision Map Act.The approval of Vesting Tentative Map No.5914 will expire on March 5,2017.The Final Map is technically correct and conforms to the approved Tentative Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $70,271.08.A condition of the Tentative Map is to pay its fair share of the Veterans Boulevard/SR 99 Interchange fee.The Public Works Department of the City Fresno has determined that in lieu of paying the Veterans Boulevard/SR 99 Interchange fee,the Subdivider of the Final Map of Tract No. 5914 will be required to pay the Regional Transportation Mitigation Fee (RTMF)for each lot of the Final Map of Tract No.5914 prior to occupancy which will satisfy the above condition.Covenants have been executed to defer eligible development impact fees totaling $331,719.04 to the time of issuance of building permit and final occupancy of each unit,for annual CFD-11 assessment notification,for interim Paseo connection and to relinquish access rights to Outlot A.A deed of avigation and hazard easement for Sierra Sky Park has been executed.The City Attorney’s Office has approved all documents as to form. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the landscaping and hardscaping within Outlot A,the West Herndon Avenue median island,and the trail along West Herndon Avenue adjacent to the Final Map,curbs and gutters,sidewalks,street signs and street lights along West Parr Avenue adjacent to the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s Community Facility District No. 11 (CFD-11) on June 17, 2010. The Subdivider has executed the covenant for Maintenance of Certain Improvements and is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5 of the California Government Code.The maximum annual assessment is $624 per lot with an annual 3%adjustment plus the increase,if any,in the construction cost index for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 2.There will be no impact to the City’s General Fund.City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-274 Agenda Date:8/28/2014 Agenda #: The Final Map is located in Council District 2.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachments: -Resolution -Final Map of Tract No. 5914 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#14-278 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:JERRY L. SCHUBER SR., Assistant Director Department of Public Utilities, Solid Waste Management Division SUBJECT Adopt Resolution of the Council of the City of Fresno, California, authorizing submittal of grant applications for and acceptance of California Department of Resources Recycling and Recovery (CalRecycle), funding for all available grants for which the City of Fresno is eligible RECOMMENDATION It is recommended that the City Council adopt a Resolution to approve the submittal of and acceptance of funding for all grant applications for California Department of Resources Recycling and Recovery (CalRecycle), and funding for all available grants for which the City of Fresno is eligible. EXECUTIVE SUMMARY The adoption of the above Resolution will ensure the implementation and execution of the grant funded programs currently in progress and those which are of benefit to the City of Fresno and its residents.This action will provide for a continuum of solid waste and recycling activities,including but not limited to outreach events,recycling activities,littler control,oil recycling and other activities which the Department of Public Utilities,Solid Waste Management Division is involved,and that funding expenditures are applied consistent with State requirements.The term of the Resolution is from August 5, 2014 through August 4, 2019. BACKGROUND The Solid Waste Management Division has taken advantage of the State’s California Department of Resources Recycling and Recovery (CalRecycle)Grant’s since 1994.Grant funds are used each year to promote the importance of recycling of all products,waste minimization,litter abatement and to support public education and community outreach.In FY14,Solid Waste Management Division collection crews recycled 12,500 gallons of used motor oil and 9,000 filters through the City’s City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-278 Agenda Date:8/28/2014 Agenda #: collection crews recycled 12,500 gallons of used motor oil and 9,000 filters through the City’s Residential Curbside Collection Program.The Solid Waste Management Division,recycling program has made contact with over 11,290 during 28 community outreach events.Our educational events made contact with 51 schools during 109 presentations and engaged with 3075 students. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not implemented because the adoption of a resolution does not include a bid or an award of a construction or services contract. FISCAL IMPACT There will be no fiscal impact to the General Fund or any City operating funds associated with the recommended action. This project will benefit all Council districts. Attachment: Resolution City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-280 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Approve Amendment No. 6 between the City and ERM-West, Inc. (ERM) to provide ongoing engineering, environmental, and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport (FAT) for an amount not to exceed $72,700 RECOMMENDATION Staff recommends Council authorize the Director of Aviation to execute Amendment No.6 with ERM for additional professional engineering,environmental,and remedial actions concerning groundwater contamination emanating from FAT. EXECUTIVE SUMMARY ERM is providing environmental remediation services for the clean-up of groundwater contamination that emanated from a military aircraft maintenance facility at the then named Hammer Field.Work during calendar year 2014 is underway pursuant to Amendment No.5 of the Master Agreement.Amendment No.6 is for the decommissioning of nine (9)monitoring wells, which are no longer needed since regional water levels have receded and these wells are now dry,and the repair of five (5)well boxes.The State of California Department of Toxic Substances Control (DTSC) and the Regional Water Quality Control Board (RWQCB) support this work. BACKGROUND The environmental clean-up program of groundwater contamination has been ongoing throughout the past 20 years.An Operating Agreement entered into by the City of Fresno (City),United States Army Corps of Engineers (USACE),and Boeing pursuant to a September 16,2010, Settlement Agreement ensures that the ongoing clean-up is coordinated by the parties,including the selection and retention of consultants and contractors.The parties have determined that ERM continues to be the most qualified consultant to manage the clean-up effort and the required coordination with the DTSC and the RWQCB.One of the conditions of the Settlement Agreement requires that the City execute all related agreements entered into under the Operating Agreement City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-280 Agenda Date:8/28/2014 Agenda #: requires that the City execute all related agreements entered into under the Operating Agreement on behalf of all parties. Oversight for the clean-up is accomplished through the DTSC and the RWQCB.Financial responsibility for the clean-up has been negotiated and cost allocations identified in the Settlement Agreement reached among the City,USACE,and Boeing.Under the terms of the Settlement Agreement,the USACE was deemed responsible for 68%,Boeing for 22%,and the City for 10%of total clean-up costs beginning September 16,2010,and to remain in effect until the State is satisfied that the clean-up is complete. The USACE and their subcontractor,North American Aviation (subsequently bought by Boeing), operated an extensive aircraft maintenance facility on what was then called Hammer Field in the late 1940s through the 1950s.Groundwater contamination emanating from the former North American Aviation site was discovered in the 1980s.Clean-up activities began in 1990 and have included the installation of a soil vapor extraction system,monitoring wells,water treatment systems,related piping,operations and maintenance,system monitoring,and coordination with the State.So far,over $17,000,000 has been spent on clean-up related activities by the three parties. The extent of clean-up at and around FAT is shown on the attached site map. Substantial progress has been made over the years including a determination by the State that the soil vapor extraction system has successfully removed the source area contamination (P-3 hangar),which was decommissioned and removed in 2013.However,completion of the overall clean-up effort and 100%clearance by the State is still many years away.It is anticipated that the City will propose additional amendments to this Agreement in the future. In regards to the past work that ERM has performed for the City,our experience has been that they have performed professionally,and,also have maintained a very productive working relationship with the USACE,Boeing,and the State of California.ERM is a California corporation and they continue to operate out of their Fresno office for this project.One of the conditions of the Settlement Agreement requires that the City execute all related agreements entered under the Operating Agreement on behalf of all parties. The current Agreement with ERM,the parties’remediation contractor identified in the Settlement Agreement,was executed on December 21,2006,and included work through calendar year 2010.Amendment No.1 was executed on February 4,2011,and included work through calendar year 2011.Amendment No.2 was executed on February 17,2012,and included work through calendar year 2012.Amendment No.3 was executed on December 11,2012,and included work through calendar year 2013.Amendment No.4 was executed on September 16,2013,and included additional work for the installation of a replacement injection well,known as HFIW-2. Amendment No.5 was executed on January 30,2014,and included work through calendar year 2014.The parties,pursuant to the Operating Agreement,concur in City’s retaining and contracting with ERM to perform the scope of work in Amendment No.6.(Refer to attached Amendment No. 6.) The total fee for satisfactory performance of the additional services identified in Amendment No.6 shall not exceed $72,700.The total not to exceed fee for satisfactory performance of all services required or rendered pursuant to the agreement as amended shall not exceed $1,996,630.The City is responsible for 10%of the fee,or $7,270 for this amendment.The City Attorney has City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-280 Agenda Date:8/28/2014 Agenda #: reviewed Amendment No. 6 and has approved it as to form. ENVIRONMENTAL FINDINGS This Agreement is entered into pursuant to a court order and is not subject to the California Environmental Quality Act (CEQA) per CEQA Guidelines §15379. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)does not apply because this contract utilizes federal funding. FISCAL IMPACT The City’s financial responsibility for Amendment No.6 is $7,270 (10%of the total cost).Funding will be provided by Airport revenues and is included in the City’s FY 2015 adopted budget.There is no impact to the City’s General Fund from this action. Attachments: - Amendment No. 6 - Site Map City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ FIELD BOUNDARYOLD HAMMER AREAFIRE TRAININGAREA 4 OF DHSLOCATIONAREA 5 WARFARECHEMICALAREA 1 1 AREA AREA 1 3KENNELAREA AREA 1 2ORDNANCESTORAGEAREA AREA 1 0DEFENSE TROOPSHOUSING AREA CALIFO RNIA AIR NATIONALGUARD (CANG) AREA 7FORMER SOUTHSEWAGE TREATMENTPLANT PLANTSEWAGE TREATMENTFORMER SOUTHAREA 7 TAXIW AYS ACTIVE RUNWAY/ COURSE AREA EXISTING GO LF BASECORPS AREA 2PROPOSEDGOLF CO URSE AREA AREA 8 AREA 9FORMER NO RTHSEWAGE TREATMENTPLANT OLD FARMSTEAD MARINE AREA 3 AREA 6 CLOVIS AVENUEMcKINLE Y AVE.NORTH WINERY AVE.E. Olive Ave.N. Minnewawa Ave.N. Peach Ave.N. Willow Ave.N. Chestnut Ave.N. Winery Ave.Mill Ditch ARE A 1 RE DEVEL OPMENT ARE A AREA 1 CHLORINATED VOC PLUME TOE-OF-PLUME HIGHWAY 180 C L O S E D T A X I W A YT A X I W A Y E T A X I W A Y BT A X I W A Y ST A X I W A Y P T A X I W A Y RT A X I W A Y RT A X I W A Y N T A X I W A Y NT A X I W A Y NTAXIWAY MT A X I W A Y L T A X I W A Y L T A X I W A Y H T A X I W A Y KT A X I W A Y J T A X I W A Y GT A X I W A Y G T A X I W A Y FT A X I W A Y A A B A N D O N E D R U N W A Y 7 - 2 5 T A X I W A Y C T A X I W A Y B R U N W A Y 1 1 R / 2 9 L11R 29L29RL11R U N W A Y 1 1 L / 2 9 R A V E N U EO N R ELASEVIRD ONISALAIRWAYS DRIVE NORTH D R I V E T E R M I N A L A I R A V E. W E S T O V E R W A L K E R W A YE A S T S H I E L D S A V E N U EL I N D A V E.N O R T H M I N N E W A W A A V E N U EA V E N U EV I L L AW A Y P O N T I A C W E S T C A E S A R A V E.N O R T H P E A C H A V E N U EA V E N U ED A K O T AE A S T N O R T H C H E S T N U T A V E N U EE A S T S H I E L D S A V E. A V E N U E M c K I N L E Y E A S TA V E N U EW I N E R YN O R T HA S H L E YA V E N U E A N D E R S O N E A S T N. G R O V E I N D U S T R I A L D R.N. A I R F R E S N O D R.H E L M A V E.A V E N U E G A T E W A YA V E N U EF I N EY A L E A V E.A V E N U EC L I N T O N NORTH CHESTNUT AVENUEEAST NORTH WILLOW AVENUEOLIVE AVENUE EAST OLIVE AVENUE NORTH PEACH AVENUEEAST OLIVE AVENUE EAST HOM E AVEN UE EAST PIN E AVENUE N. VILLA AVE.MINNEWAWA AVE.BUSH AVENUENORTH RABE AVENUEN. VILLA AVE.MATUS GARDEN AVE.LEISURE AVE. PINE AVE. HOME AVE. FLORADORA AVE. OSLIN SYLM AR AVE.FINE AVE.ADLER HAMM OND AVE. HEDGES AVE. A YE LI B S RA MLY HEDGES AVE. LAM ONA AVE. SOONER AVE. LEISURE AVE. E YR NI W OSLIN AVE. SOONER AVE. HOME AVE. CARMEN AVE. ENI F FINE AVE.R EL DA L OW L IW L R E D A FLORADORA OSLIN AVE. HOME AVE. PINE AVE. W EA THERMAKER AVE. CARMEN AVE. ML EH EN IP LAM ONA AVE. HEDGES AVENUE EAST LAM ONA AVENUE HEDGES AVE. HAMM OND AVENUE HEDGES AVENUE HS UB SY MO H C L O V I S A V E N U EAV E. E.V A AV E. AV E. AV E. AV E. AV E. AV FLORADORA V E. AAVE.AVE. AVE.AVE.AVE.CHESTNUT AVENUEWINERY AVENUEWILLOW AVENUEPEACHAVENUECLOVIS AVENUEMINNEWAWA AVENUEBELM ONT AVENUE BELM ONT AVENUE Apartm ents McKENZIE AVENUE WASHINGTO N AVENUE GRAN T AVENUE MADISON AVENUE WHITE AVENUE TURNER AVENUE HARVEY AVENUE EAST TYLER AVEN UE CLAY AVENU E LEWIS AVENUE HARVEY AVENU E THOM AS AVENUE WHITE AVENUE TURNER AVENUE HELM AVENUEFINE AVENUEDEWITT AVENUEWALLING AVENUEGARDEN AVE.14"14"E. HAM MON D AVE. E. HEDGES AVE. E. LAMON A AVE. E. FOLORADORA AVE. E. CLAY AVE. SA EAC R NORTH RECREATION AVENUEM c K I N L E Y A V E N U E HIGH WAY 180NORTH CHESTNUT AVENUE5.0 µg/L5.0 µg/L¯F:\ERM Files\GIS\OHF\ArcMaps\OHF-25.mxd 7/15/2014PREPARED BY: (ERM)JO B N O. 0 223 100FILE: OHF -2 5.mxd 0 2,00 0 4,00 0 Scale in Feet SITE MAPAREA 1 AND OTHER O HF INVE ST IGATION AREASOLD HAMME R FIELDFRESNO, CALIFOR NIA City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-292 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:DAVID CISNEROS, Project Manager Public Works Department, Traffic and Engineering Services Division SUBJECT Approve the Third Amendment to the Cooperative Agreement with the Fresno County Transportation Authority (FCTA) re-allocating funds in the amount of $241,000 from the construction phase to preliminary engineering phase of the Willow Avenue Widening Project, 0.25 miles south of Nees to Shepherd Avenue under the Measure “C” Tier 1 Program (Council District 6) RECOMMENDATION Staff recommends that the Council approve the Third Amendment to the Cooperative Agreement with the Fresno County Transportation Authority (FCTA)for the Willow Avenue widening project under the Measure “C” Tier 1 Program. EXECUTIVE SUMMARY On January 27,2009,the Council adopted Resolution No.2009-19 in support of the Measure “C” Short-term Regional Transportation Program.On April 28,2011 the Council approved a Cooperative Agreement with the FCTA to fund the Willow Avenue widening project.Subsequently this agreement was amended on October 10,2012 to allocate funds for the right-of-way acquisition phase and on May 29,2013 for the construction phase.During the design phase the scope of the project was expanded to cover the elimination of the traffic bottleneck on Nees Avenue and pedestrian trail plus the undergrounding of the overhead utilities.The Third Amendment will re-allocate available funds from the construction phase to the preliminary engineering phase to cover the additional cost arising from the expanded scope. BACKGROUND City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-292 Agenda Date:8/28/2014 Agenda #: In November 2006,the voters approved a 20-year extension of Measure “C”,the half-cent sales tax for transportation.On January 27,2009,the Council adopted Resolution No.2009-19 in support of the proposed Measure “C”Short-Term Regional Transportation Program.The program and associated handbook was approved by the Council of Fresno County Governments (“COG”)on January 29,2009,and in turn by the FCTA on February 18,2009.The FCTA prepared a Measure “C”Cooperative Project Agreement which is to be executed by the FCTA and a project sponsor such as the City of Fresno for each specific project.Upon approval by the FCTA Board,the City of Fresno leveraged Measure “C”and Federal grant funds and moved forward to begin work towards this long planned widening of Willow Avenue which is consistent with the 2025 General Plan. The Willow Avenue Widening Project from Decatur Avenue to Shepherd Avenue will construct three southbound travel lanes,bike lanes,curb,gutter and pedestrian trail within the project limits and eliminate the traffic bottleneck on Nees Avenue.On July 31,2014,the Council awarded a construction contract to complete the final phase of the project.This agreement will transfer excess funding from the construction phase to the preliminary engineering phase,to supplement the $240,470 Federal funds previously authorized by Caltrans with Measure “C”Tier 1 funds amounting to $241,000. The Draft Cooperative Agreement has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS This agreement is to re-allocate funds between two phases of the same project and an environmental assessment is not required. This is a funding mechanism only. LOCAL PREFERENCE Not Applicable FISCAL IMPACT The project is located in Council District 6.The overall cost of the project is $4,378,800 and is funded by a $2,705,170 grant from the Federal Regional Surface Transportation Program, $1,341,000 in Regional Measure C Tier 1 funds and $1,088,000 Developer fees.The project will not have any impact to the General Fund. Attachment: Third Amendment to the Cooperative Agreement City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ AMENDMENT NO. 3 TO COOPERATIVE PROJECT AGREEMENT Short-Term Regional Transportation Program (STRTP) Project D5 Urban, Willow Ave. from Decatur to Shepherd Ave. This Amendment to STRTP Project D5 Urban, Willow Ave. from Decatur to Shepherd Ave. is made and entered into the _ day of , 2014 by and between the Fresno County Transportation Authority ("Authority") and the City of Fresno ("Responsible Agency"). 1. PARTIES. The Authority and the City of Fresno are collectively referred to herein as "the Parties". 2. RECITALS. 2.1 WHEREAS, the Parties entered into the Cooperative Project Agreement for Project D5 Urban, Willow Ave. from Decatur Ave. to Shepherd Ave. ("Agreement"), datedMay 25, 2011, for funding of a transportation improvement project ("Project") in Fresno County pursuant to the Measure "C" Short-Term Regional Transportation Program Handbook ("Handbook"), and the Fresno County Measure "C" Expenditure Plan ("Expenditure Plan"), which was approved by the voters of Fresno County in November, 2006; and, WHEREAS, the Parties previoiusly modified the terms of the original Agreement by approval and execution of Amendment No. 1 to the Agreement, dated October 10, 2012, and Amendment No. 2 to the Agreement, dated May 29, 2013, respectively (hereinafter referenced as "the Prior Amendments"); and WHEREAS, Authority is authorized to approve and revise Project funding for payment to Responsible Agency in accordance with the Agreement, and the Expenditure Plan, as well as all applicable provisions of the Strategic Implementation Plan ("SIP"), regarding the Project D5 Urban, Willow Ave. from Decatur Ave. to Shepherd Ave.; and, WHEREAS, Authority shall provide funding to Responsible Agency for eligible Project costs "not to exceed" $1,341,000 of Measure "C" funding and that will remain unchanged by this Amendment. 2.2 The Parties now desire to amend the statements defining and delineating the Project Scope, Project Schedule and Project Funding Program, as set forth in the original Agreement, based on the following: • Responsible Agency desires to reallocate, from Project Construction Phase to the Preliminary Engineering Phase, a portion of the approved Measure "C" Regional Transportation Program ("Measure 'C'") funding for the transportation improvement Project D5 Urban, Willow Ave. from Decatur Ave. to Shepherd Ave . , per the revised Exhibits as more thoroughly described in Section 3.1 of Page 1 3. TERMS. this First Amendment. This reallocation does not alter the total funding amount authorized by the original Agreement, as previously modified by the Prior Amendments thereto. 3.1 Exhibit "A" (Project Scope), Exhibit "B" (Project Schedule) and Exhibit "C" (Project Funding Program), which hereinafter shall be referenced collectively the "Original Exhibits" as set forth in Section 1.1 of the original Agreement, and which were fully incorporated therein by the provisions of Section 3.23 thereof and were previously modified by the Prior Amendments thereto, shall be and are hereby replaced by: Exhibit "A3" (Project Scope), Exhibit "B3" (Project Schedule) and Exhibit "C3" (Project Funding Program), which are attached hereto and incorporated herein by this reference, commencing upon the Effective Date of this Amendment No.3 to the Agreement. 3.2 All work performed by the Responsible Agency under the Agreement prior to the Effective Date of this Amendment No.3 shall be governed by and compensated pursuant to the applicable Exhibits and pursuant to the terms of the original Agreement, as previously modified by the Prior Amendments thereto. All work performed commencing upon the Effective Date of this Amendment No.3 shall be governed by and compensated pursuant to the Agreement as modified by this Amendment No.3. 3.3 Effective Date. The Effective Date of this Amendment No.3 to the Agreement shall be 12:01 a.m . of the day following the date upon which it is signed by the Parties. In the event this Amendment No.3 to the Agreement is signed by the Parties on different dates, the Effective Date shall be 12:01 a.m. of the day following that date upon which it is signed by the second of the Parties. 3.4 All other terms and conditions contained in the Cooperative Project Agreement are unaffected by this Amendment No.3 and shall remain in full force and effect. Page 2 IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the day and year first written above. FRESNO COUNTY TRANSPORTATION AUTHORITY By (Signature) Name HARRY ARMSTRONG (Typed) Title Chair of the Authoritv APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL By (Signature) Name --~M==IC=H=A~E=L~E~R=O~W~E~----- Title Senior Deputv County Counsel CITY OF FRESNO ATTEST By (Signature) ATTEST By (Signature) Name RON PETERSON (Typed) Title Executive Director APPROVED AS TO ACCOUNTING FORM: By (Signature) Name ______ v~rc~~~C~R~o~w~----- Title Auditor-Controller/Treasurer-Tax Collector By (Signature) Name SCOTT L. MOZIER Name _____________ _ Title PUBLIC WORKS DIRECTOR Title APPROVED AS TO FORM DOUGLAS SLOAN , City Attorney BY: Deputy Page 3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-293 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:DAVID CISNEROS, Project Manager Public Works Department, Traffic and Engineering Services Division SUBJECT Approve a Cooperative Agreement in the amount of $303,658 with the Fresno County Transportation Authority (FCTA) for the Broadway Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program (Council District 3) RECOMMENDATION Staff recommends that the Council approve a Cooperative Agreement for the Broadway Project Off- site Improvements under the Measure “C” TOD Program. EXECUTIVE SUMMARY The scope for the Broadway Project will include the construction of off-site improvements along the abutting frontages of the site,such as curbs,gutters,sidewalks and paving on San Joaquin Street, Broadway and Calaveras Street and installation of a water main.The FCTA Board has approved the allocation of TOD funds for the project and the Cooperative Agreement will allow for the City to be reimbursed for eligible project costs by the FCTA.Council approval of the Cooperative Agreement is necessary at this time in order to allow for FCTA Board approval on September 10,2014,and to avoid any project delays. BACKGROUND The Measure "C"Extension (2007-2027)approved by the voters of Fresno County includes a number of subprograms including regional street and highway projects,airport funding,transit, flexible funding,street maintenance,bicycle lanes,trails and environmental enhancements,as well as several others.Under the Environmental Enhancement Allocation Program,the Measure City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-293 Agenda Date:8/28/2014 Agenda #: as several others.Under the Environmental Enhancement Allocation Program,the Measure Expenditure Plan includes the TOD Program,the purpose of which was to provide funding to support planning, incentives and infrastructure related to infill, higher-density TOD types of development. On January 30,2014,the Council approved a Cooperative Agreement with the FCTA in the amount of $456,250 for improvements to the Broadway-Fulton Alley from Calaveras Street to San Joaquin Street under the Measure “C”TOD Program.The FCTA Board approved the Cooperative Agreement on February 12, 2014. On February 27,2014,the Council adopted Resolution No.2014-37,authorizing submission of an application for grant funds under the TOD program.The Resolution included the off-site improvements for the Met block Development and the Broadway Project,in the amount of $533,457. The resolution provided funding for the Broadway Project off-site Improvements along the abutting frontages of Calaveras Street, San Joaquin Street, and Broadway, in the amount of $303,658. In order to complete the project and allow for reimbursement of project costs from the Measure "C" TOD Program funds, the City and FCTA need to enter into a Cooperative Agreement. Upon approval by the Council the Cooperative Agreement will be executed on behalf of the City by the Public Works Director, in accordance with the City Manager's delegation of the signing authority. Staff is currently negotiating a reimbursement agreement for this project with Granville Homes in anticipation of the developer obtaining bids,managing the construction contract and submitting the necessary financial documentation for reimbursement of eligible project costs.Staff will return to Council within 30 days to request approval of a developer reimbursement agreement and an amendment to the Annual Appropriations Resolution (AAR)to incorporate this capital improvement project into the City's current fiscal year budget.Staff will present the project-related environmental findings in conjunction with Council's consideration of the developer reimbursement agreement, which will enable the actual project construction.The Cooperative Agreement has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from California Environmental Quality Act requirements. LOCAL PREFERENCE Not applicable because this is not a competitive bid. This is a funding mechanism only. FISCAL IMPACT The $303,658 project cost to construct off-site improvements abutting frontages of the project,is being fully funded by Measure "C" TOD dollars. There will be no impact to the General Fund. Attachment:Cooperative Agreement City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ MEASURE "C" AGREEMENT TO ESTABLISH PROGRAM ELIGIBILITY AND FUNDING REQUIREMENTS Environmental Enhancement Program Transit Oriented Development (TOO) Subprogram Capital Construction Costs-Broadway Development Offsite Improvements (Broadway/Calaveras) This Program Eligibility and Funding Agreement ("Agreement") is made and entered into on 2014 , by and between the City of Fresno ("Grantee") and the Fresno County Transportation Authority ("Authority"). RECITALS WHEREAS, passage of the Measure C Extension created within the Environmental Enhancement Funding Allocation Program a subprogram entitled "Transit Oriented Infrastructure for In-fill" ("TOO"), the purpose of which was to provide funding to support planning and incentives generally intended to support increased demand for transit facilities; and WHEREAS, in accordance with the Measure C Extension Expenditure Plan ("Expenditure Plan") and most notably Appendix F thereto, the details regarding the funding and implementation of the TOO subprogram are set forth in the "Fresno County Measure C Transit Oriented Development Program Policies and Guidelines" (the "TOO Guidelines," attached as Appendix 1 hereto); and WHEREAS, as recommended in the Expenditure Plan and as described in the Measure C Extension Strategic Implementation Plan (SIP), Appendix J, the TOO Guidelines specify three (3) categories of projects/programs for which the TOO is available to provide competitively-based funding, which are generally characterized in the TOO Guidelines under the following respective headings: (1) Capital Improvement Program; (2) Planning Program; and (3) Housing In-Fill Incentive Program; and WHEREAS, Grantee submitted for approval, under the Capital Improvement Program category of the TOO , a "Project Application" requesting reservation from eligible Measure C Extension funds of $303,658 in funding, which amount shall be available solely for implementation and completion of the construction phase of the Rev 09/18/13-authority [todProjectWrlmburseTemplate-09-18-13) 1 proposed "Broadway Development Offsite Improvements [Broadway/Calaveras] Project"; and WHEREAS, Authority is authorized to approve funding for payment to Grantee in accordance with this Agreement, the TOO Guidelines and the Expenditure Plan, for funding of the construction phase of Grantee's proposed Broadway Development Offsite Improvements [Broadway/Calaveras] Project; and WHEREAS, on April23 , 2014, based in part on the consistency of Grantee's proposed Project funding request (as described in its "Project Application Broadway Development Offsite Improvements [Broadway/Calaveras] Project" dated February 19 , 2014) with the purposes of the Capital Improvement Program as described in the TOO Guidelines, the Authority's Board approved the reservation of $303,658 in TOO funding to be made available for implementation and completion of the construction phase of Grantee's Broadway Development Offsite Improvements [Broadway/Calaveras] Project; and WHEREAS, the Authority's Board further directed Authority staff to draft this Agreement, for the purpose of estab lishing program implementation requirements and the terms and conditions govern ing the rights and obligations of the respective parties hereunder; and WHEREAS, Authority and Grantee now desire to enter into this Agreement, which serves to establ ish requirements for Grantee's use of the funding provided hereunder, as well as delineating the respective rights and obligations of the parties regarding use of Measure C funds as authorized for use by Grantee for the purposes specified hereunder , including but not limited to conditions and limitations on Grantee's right to receipt of payment hereunder. NOW , THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows: AGREEMENT ARTICLE I Covenants of Grantee Rev 09/18/13-authority [tod ProjectWrlm burse T emplate-09-1 8-13] 2 Grantee agrees to abide by the terms and conditions of this Agreement and the TOO Guidelines for the receipt of Measure "C" funds available under the TOO subprogram, and to comply with the Expenditure Plan, the TOO Guidelines, and all adopted Policies and Procedures as applicable, as well as any subsequent amendments, updates, or other applicable plans. 1.1 Project Scope, Schedule and Funding Program. The Project scope of work, schedule and funding program, as well as any change(s) thereto may not be implemented or initiated until approved by the Authority. For purposes of this Agreement, the Project scope, schedule and funding program is as defined and described in Grantee's Transit Oriented for In-Fill Development Capital Project Application "Broadway Development Offsite Improvements [Broadway/Calaveras) Project" and as further described below in Exhibits A through C. Grantee must demonstrate in the funding program that the Project or Project phase is fully funded. 1.1.1 Project Scope . See Attached Exh ibit A. 1.1.2 Project Schedule. See Attached Exhibit B. 1.1.3 Project Funding Program. See Attached Exhibit C. 1.2 Eligibility for Funding. In order to be eligible for TOO funding hereunder, a proposed development project must meet all of the following requirements as more thoroughly set forth in the in the TOO Guidelines, Appendix 1 hereto: 1.2.1 Density . The project must have a density of no less than eighteen ( 18) units per acre. 1.2.2 Location. The project must be located within the Downtown Fresno Area defined in the TOO Guidelines (Appendix 1 hereto) and identified in the map attached as Exhibit A thereto. 1.3 Compliance with California PUC Code 142257. Grantee agrees to the following: 1.3 .1 Measure "C" funds will not be used to substitute for property tax funds, which Grantee had previously used for regional or other transportation purposes. It is hereby acknowledged by Grantee that such substitution Rev 09/18/13-authority [tod ProjectW rl mburse T em pl ate-09-18-13] 3 of property tax funds is expressly prohibited by California Public Utilities Code Section 142257. 1.3.2 Grantee has segregated property tax revenues from its other general fund revenues used to support the Project so that verification of non- substitution can be proved through audit or that the non-substitution of funds shall apply to the Grantee's entire general fund. 1.3.3 Grantee shall account for Project funds received pursuant to Public Utilities Code Section 142257. Grantee shall maintain current records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. Grantee shall make such records available to the Authority for inspection or audit at any time. 1.4 Compliance with Other Laws. In performance of its obligations relating to administration and completion of the construction phase of Grantee's proposed Broadway Development Offsite Improvements [Broadway/Calaveras] Project, Grantee shall at all times comply with all federal , state and local laws, ordinances and regulations currently in force as well as those that are subsequently enacted, promulgated or amended and thereby become applicable during the term of this Agreement. 1.5 Measure "C" Funds Defined . For purposes of this Agreement, Measure "C" funds are deemed to be available under the TOO , subject to the limitations and conditions specified in this Agreement and the TOO Guidelines. Provided, however, that unless another amount receives formal advance approval by means of a subsequent written amendment to this Agreement, the total cumulative amount of Measure "C" funds allocated under the TOO for the construction phase of Grantee 's proposed Broadway Development Offsite Improvements [Broadway/Calaveras] Project shall not exceed the sum of $303,658. 1.6 Maintenance of Project Records. Grantee shall maintain complete and accurate records for the project for which funding is made available hereunder. All such records shall be maintained on a generally-accepted accounting basis and be clearly identified and readily accessible. Grantee shall prov ide free access to the Authority at all times to such books and records. Grantee shall maintain all work data, documents, and proceedings relating to this Agreement for a period of five (5) years from the date of final audit from the Authority. Rev 09/18/13-authority [tod ProjectWrlmbu rse Template-09-18-13] 4 1. 7 Invoices. Grantee shall submit invoices to the Authority no more frequently than monthly for activities conducted over the prior unbilled month . These documents shall include the following specified information: 1.7.1 Monitoring Expenditures and Progress Payments. Grantee will monitor expenditures and progress payments against the "not to exceed" limits specified in Section 1.1.3 of this Agreement. 1.7.2 Project Progress. If Project costs have not been invoiced for a six- month period, Grantee agrees to submit a written explanation of the absence of the Project's progress to the Authority, along with a target billing date and a target billing amount. 1.7.3 Direct and Indirect Costs. Grantee may include in the Project invoice , direct and indirect costs of the Project. Indirect costs (as defined by OMB Circular A-87) will be considered an eligible expense. 1.7.4 Copies of Invoices . Grantee shall provide the Authority with one (1) copy of appropriate source documentation to substantiate Project expenses or costs. 1.7.5 Eligible Project Cost Request Deadline. Invoices for eligible Project costs incurred by Grantee shall be submitted to the Authority on the approved invoice form . The appropriation request will specify the use of the funding and the manner in which other sources of funding for the Project were applied. The Authority's Executive Director will review invoices for accuracy and sufficiency in terms of compliance with the foregoing requirements. Unsatisfactory or inadequate invoices will be returned to Grantee for correction and resubmission. Upon receipt of a proper invoice , eligible Measure "C" and TOO funds (as applicable) shall be provided to the Grantee within 45 days . 1.7.6 Use of Funds Grantee shall use Measure "C" and TOO funds (as applicable) consistent with the Measure "C" Expenditure Plan, SIP, and Section 1.1.1 of this Agreement. 1.8 Award of Project. Grantee shall administer the Project, including but not limited to its advertisement and award of all contracts, in accordance with applicable Rev 09/18/13-authority [to dProjectWrlmburse T emp late-09-18-13] 5 legal requirements as provided above in Section 1.4 and in full conformity with the standards applied by Grantee in the administration of its own construction projects. ARTICLE II Covenants of Authority Authority agrees to provide to the Grantee Measure "C" Extension funds available under the TOO, up to the maximum amount of $303,658 approved for the construction phase of Grantee's proposed Broadway Offsite Improvements Broadway/Calaveras Project, in accordance with the terms and conditions set forth herein, and in compliance with the Expenditure Plan, the TOO Guidelines, all Measure "C" Policies and Procedures, and all adopted Policies and Procedures as applicable, as well as any subsequent amendments, updates, or other applicable plans. 2.1 Eligible Project Cost Payments. The Authority shall make payments to Grantee for actual incurred eligible project costs as specified in Section 1.1.3 of this Agreement and consistent with the Measure C Extension Strategic Implementation Plan. To receive payments for eligible project work completed, Grantee shall comply with the following procedures: 2.1.1 Ineligible Costs. The Authority reserves the right to recover payment from Grantee if an invoice includes ineligible Project costs. 2.1.1.1 It is further understood and acknowledged that if an alternative source or method of financing becomes available to Grantee to provide funding for this project in whole or in part, then the project shall be deemed ineligible for funding hereunder to such extent; and in such event the Authority shall be entitled to a refund of the funds allocated under this Agreement in an amount equal to the funds obtained by the Grantee from such alternative source or method of financing, up to and including a full refund of all monies allocated hereunder if the Authority determines that all project costs have become "Ineligible Costs" under the provisions of this Section 2.1. 2.1.2 Payment Amount. The amount of payments to Grantee for eligible project costs shall be made pursuant to the Measure C Extension Strategic Implementation Plan and this Agreement. Rev 09/18/13-authority [todProjectWrlmburse T emplate-09-18-13) 6 2.1.3 Suspension of Payment. Payments for eligible Project costs shall be suspended without interest when a dispute arises as to whether or not a cost item(s) is eligible for payment. 2.1.3.1 Dispute Resolution . All disputes shall be settled in accordance with the laws of the State of California. Once a dispute has occurred, the Authority and Grantee shall attempt to resolve the dispute informally in a mutually agreeable manner. 2.2 Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Grantee's records pertaining to the Project at any time following completion of the eligible Project work. 2.2.1 Notice of Audit. The Authority must provide at least 30 days' advance notice to Grantee if an audit is to be conducted. ARTICLE Ill Mutual Covenants The Authority is released from any liability to Grantee regarding the Authority's administration and issuance of the Measure "C" proceeds except for any breach of Authority's fiduciary duty as set forth in the Expenditure Plan and Measure C Extension Strategic Implementation Plan . 3.1 Effective Date and Term . This Agreement shall become effective as of the date of its full execution by the parties and shall remain in full force and effect, for a period of twelve (12) months following the date of Grantee's completion of eligible Project work, unless sooner terminated as provided in Section 3.2 or in Section 3.4 or unless the Agreement's term is extended by formal approval of a subsequent amendment hereto in accordance with Section 3.8. 3.2 Discharge. This Agreement shall be subject to discharge as follows: 3.2.1 Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of Grantee and Authority. If th is Agreement is mutually terminated by the parties , Grantee will no longer receive Measure "C" funds under the TOO for its proposed Broadway Offsite Development Broadway/Calaveras Project (or any phase thereon , unless a new agreement Rev 09/18/13-authority [tod ProjectW rtmburseTemplate-09-1 8-13) 7 between Grantee and Autho rity relating to such Project is formed; and in the event of such mutual termination, those funds remaining from the originally reserved funding allocation of $303,658 for the construction phase of this Project shall be returned by the Authority to the general TOO funding pool. 3.2.2 Discharge Upon Completion of Grantee's Program. Except as to any rights or obligations which survive discharge as specified in Section 3.14 , upon completion of Grantee's completion of eligible project work, this Agreement shall be discharged, and the parties shall have no further obligation to each other. 3.2.3 Termination by Authority. The Authority reserves the right to terminate the Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof . If this Agreement is terminated by the Authority as provided herein, Grantee will be paid by the Authority for eligible Project costs incurre d prior to termination of the Agreement , consistent with the requirements of the Program referenced herein and in the TOO Guidelines. In that event , all finished or unfinished documents and other materials shall, at the option of the Authority, become its property subject to the terms and conditions of Section 1.6. 3.3 Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Grantee: 3.3.1 Grantee shall fully defend , indemnify and hold harmless Authority, and any officer or employee of Authority, against any and all damages , liabilities, claims and expenses, arising out of Grantee's errors, omissions, negligent acts or willful misconduct during the term of this Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4 , Grantee shall fully defend , indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Grantee under this Agreement or in connection with any work, authority, or jurisdiction delegated to Grantee under this Ag reement. 3.3.2 Authority shall fully defend, indemnify and hold harmless Grantee, and any officer or employee of Grantee , against any and all damages, liabilities, claims and expenses, arising out of Authority's errors, omissions, negligent acts or willful misconduct during the term of this Rev 09/18/13-authority [todProjectWrtm burseTemptate-09-18-13) 8 Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully defend, indemnify and hold Grantee harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement. 3.4 Limitation . All obligations of the Authority under the terms of this Agreement are expressly subject to the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure "C" Extension funds . If for any reason the Authority's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the Authority shall promptly notify the Grantee , and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent ; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to: (i) the lawful ability of the Authority to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consi deration all the obligations of the Authority under all outstanding contracts, agreements to other obligations of the Authority, of funds for such purposes. 3.5 Notices . Except as may be otherwise required by law , any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class ma il, postage prepaid and addressed as follows: AUTHORITY: Mr. Ron Peterson , Executive Dir . Fresno County Transportation Authority 2220 Tulare Street, Suite 411 RESPONSIBLE AGENCY: Scott Mozier P.E ., Publ ic Works Director City of Fresno Fresno , CA 93721 Ph : (559) 600 -3282 Fax: (559) 600-1499 measurec@sbcqlobal .net Rev 09/18/13-authority 9 2600 Fresno Street , 41h Floor Fresno , CA 93721 Ph : (559) 621 -8811 ; Fax : (559) 488-1045 Scott .Moz ier@fres no.gov [todProjectWrlmburse T emplate-09-18-13] 3.5.1 Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph. 3.6 Additional Acts and Documents. Each party agrees to do all such things and take all actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement. 3.7 Integration. This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. NO representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 3.8 Amendment. This Agreement may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 3.9 Independent Agency. Grantee renders services under this Agreement as an independent agency under the Agreement. None of the Grantee's agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of the Grantee agency. 3.10 Assignment. The Agreement may not be assigned, transferred, hypotheticated, or pledged by any party without the express written consent of all parties hereto. 3.11 Binding on Successors. This Agreement shall be binding upon each of the parties and their respective successor(s), assignee(s) or transferee(s). Provided however that this provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement, other than as provided in Section 3.10 above. 3.12 Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or Rev 09/18/13-authority (todProjectWrlmburseTemplate-09-18-13) 10 carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that, the remainder of this Agreement can , absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 3.13 Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document. 3.14 Survival. The following provisions in this Agreement shall survive discharge : 3.14.1 Grantee. As to the Grantee agency, the following sections shall survive discharge: Section 3.3 (Indemnity), 3.14.2 Authority. As to Authority , the following section shall survive discharge: Section 2.3 (Right to Conduct Audit) and Section 3.3 (Indemnity). 3.15 Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor. 3.16 Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive , but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law. 3.17 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The parties agree that this contract is made in and shall be performed in Fresno County , California. 3.18 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions. 3.19 No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a Rev 09/18/13-authority [tod ProjectWr lmburseTemplate-09-18-13) 11 waiver of any subsequent breach of the same , or of any other provision of this Agreement. 3.20 No Rights in Third Parties . Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement. 3.21 Attorney's Fees and Costs. Authority and Grantee each will bear its own respective costs, including attorney 's fees , in connect ion with any legal proceedings related to the interpretation or enforcement of this Agreement or any of the terms and condit ions hereof . 3.23 Exhibits and Recitals . The Recitals and Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement. 3.24 Signator's Warranty . Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party. 3.25 Force Majuere. Any party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control , including but not limited to: any incidence of fire, flood ; acts of God; commandeering of material , products , plants or facilities by federal, state or local government ; national fuel shortage; or a material act or omission by any party ; when satisfactory evidence of such cause is presented to that other party, and provided further such nonperformance is unforeseeable , beyond the control and is not due to the fault or negligence of the party not performing . Rev 09/18/13-authority (todProjectWrtmburse T emptate-09-18-13) 12 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above. FRESNO COUNTY TRANSPORTATION AUTHORITY By (Signature) Name Harry Armstrong (Typed) Title Chair of the Authority APPROVEDASTOLEGALFORM : Daniel C. Cederberg, County Counsel By (Signature) Name Michael E. Rowe Title Senior Deputy County Counsel CITY OF FRESNO By (Signature) Name Scott L. Mozier, P.E. Title Public Works Director APPROVED AS TO FORM Douglas Sloan, City Attorney BY: ATTEST By (Signature) Name Ron Peterson (Typed) Title Executive Director APPROVED AS TO ACCOUNTING FORM: By (Signature) Name -----=V~ic=k.:.....:i C=r=ow:...:.J,.....:C=.P~·.:.....:A:...... __ Title Auditor-Controller/Treasurer-Tax Collector ATTEST By (Signature) Name Yvonne Spence CMC Title City Clerk Rev 09/18/13-authority (to dProjectWrtmbu rseTemplate-09-18-13) 13 Measure "C " Transit-Oriented Development Program 1 Project Scope -Exhibit A Ml~ttf!!:tt. ~ EXHIBIT A-PROJECT SCOPE Broadway Off-Site Improvements between Calaveras and San Joaquin --..I I I I I I I I I I I I I I I I I I 1 •1 I I I I I I I I I I I I I I I I I I..- Replace information below with information for subject Project phase Responsible Agency City of Fresno Project Limits The project limits are along Broadway, in Downtown Fresno, between Calaveras and San Joaquin . Project Phase (Choose the Project Phase(s) applicable to this Agreement only) D Phase 1 -Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] D Phase 2 -Right-of-Way Acquisition 1:81 Phase 3 -Construction (Includes Project Construction & Construction Management) Project Phase(s) Scope (Provide detail to describe the Phase(s) that is the subject of this Agreement as checked above) The project consists of Construction of off-site improvements along the abutting frontages of the project site , consisting of curb , gutters , sidewalk and paving on San Joaquin Street, Broadway and Calaveras Street and installation of a water main . Complete Project Scope (Provide detail to describe all phases of the Project-It is important for the Authority to understand the scope of the entire Project; not just the Project phase(s) that is described above). Phase 1 consists of preparation of PS&E and was privately funded. All work is within the ex isting right-of-way. Phase 3 consists of advertising the project for construction bids , construction of alley improvements , and off-site improvements , inspection and construction engineering. Project Purpose The purpose of this project is to provide for alley improvements and off-site improvements including resurfacing and utility undergrounding to accommodate higher-density , infill development in the project vicinity . Transportation Benefit The project will improve circulat ion , drainage and aesthetics in the project vicinity . Implications of Not Doing the Project Existing conditions would remain in place including a poor driving surface , poor drainage and overhead utilities hinder ing adjacent infill site development. Community Engagement The project limits are within a moderately populated residential area . Residents and property owners will be kept informed of the Project 's status and schedule through the City 's Public Works Department , the City 's website and local media . Construction Staging The project construction is straightforward in nature and will be constructed in a single phase . Open trenches will be backfilled or plated at the end of daily construct ion operations. Detours Detours will be provided to ensure access to surrounding property owners Current Status Phase 1 is complete . Phase 2 is not applicable to this project. Phase 3 is anticipated to commence in Summer/Fall 2014. Contact For inquiries , you may contact David Cisneros , with the City of Fresno Publ ic Works Dept. at (559) 621-8804 . 1 Rev 08 -1 2-1 2 Measure "C" Short-Range Regional Transportation Program 1 Project Schedule-Exhibit B Ml~ttf!>. EXHIBIT 8-PROJECT SCHEDULE ~ Broadway Off-Site Improvements ~ Between Calaveras and San Joaquin ... I I I I I I I I I I I I I I I I I I I •I I I I I I I I I I I I I I I I I I I )e= Replace information below with information for subject project phase Responsible Agency City of Fresno Project Limits The project limits are along Broadway , in Downtown , between Calaveras and San Joaquin. Project Phase 0 Phase 1 -Prelim inary Engineering [Includes Preliminary Design /Engineering (PS&E) and Environmental] D Phase 2-Right-of-Way Acquisit ion ~ Phase 3 -Construction (Includes Project Construction & Construction Management) Contact For inquiries , you may contact David Cisneros , with the City of Fresno Publ ic Works Dept. at (559) 621-8804 . Project Schedule Right-of-Way *2 Construction *3 '1 Preliminaty Enfineeting: Preliminaty Desigr/Engir>eOOng (PS/E), Envirormen1al '2 Righl-d·Way Acquisi~on Measure "C" Short-Range Regional Transportation Program 1 Project Funding Program -Exhibit C M@ tt'f!:tt ~ ~I I I I I Responsible Agency City of Fresno Project Limits EXHIBIT C · PROJECT FUNDING PROGRAM Broadway Off-Site Improvements between Calaveras and San Joaquin I I I I I I I I I I I I I I •I I I I I I I I I I I I I I I I I I I )II- The project limits are along Broadway, in Downtown Fresno, between Calaveras and San Joaquin. Project Phase (Choose all applicable to this Agreement-funding for the phase(s) must be fully funded at the time that the agreement is approved by the Authority and the Responsible Agency) 0 Phase 1 -Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] 0 Phase 2-Right-of-Way Acquisition l8l Phase 3 -Construction (Includes Project Construction & Construction Management) Contact For inquiries, you may contact David Cisneros, with the City of Fresno Public Works Dept. at (559) 621-8804. Funding Program ($in millions) •:.tn.., ... ,,w .... -.. .,'-"'""' ·:o r ... , . .;-,, c ... ,.,,.~,,..,., "' c;: ..... ,, •• l'l,.., ,....,,_..,_, City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-294 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY:DAVID CISNEROS, Project Manager Public Works Department, Traffic and Engineering Services Division SUBJECT Approve a Cooperative Agreement in the amount of $121,342 with the Fresno County Transportation Authority (FCTA) for the Met Block Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program (Council District 3) RECOMMENDATION Staff recommends that the Council approve a Cooperative Agreement in substantially the form attached for the Met Block Project Off-site Improvements under the Measure “C”TOD Program, subject to approval as to form by the City Attorney’s Office. EXECUTIVE SUMMARY On February 27,2014,the Council adopted Resolution No.2014-37,authorizing submission of an application for grant funds under the TOD program.The Resolution included the off-site improvements for the Met Block Development and the Broadway Project,in the amount of $533,457. The project scope for the Met Block Project will include the construction of off-site improvements along the abutting frontages of the project site,such as curbs,gutters,sidewalks and paving on Stanislaus Street,Fulton Street and Calaveras Street.The FCTA Board has approved the allocation of TOD funds for the project and the attached Cooperative Agreement will allow for the City to be reimbursed for eligible project costs by the FCTA.Council approval of the Cooperative Agreement is necessary at this time in order to allow for FCTA Board approval on September 10,2014,and to avoid any project delays. BACKGROUND City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-294 Agenda Date:8/28/2014 Agenda #: The Measure "C"Extension (2007-2027)approved by the voters of Fresno County has a number of subprograms including regional street and highway projects,airport funding,transit ,flexible funding, street maintenance,bicycle lanes,trails and environmental enhancements,as well as several others. Under the Environmental Enhancement Allocation Program,the Measure “C”Expenditure Plan includes the TOD Program,the purpose of which was to provide funding to support planning, incentives and infrastructure related to infill, higher-density TOD types of development. On February 27,2014,the Council adopted Resolution No.2014-37,authorizing submission of an application for grant funds under the TOD program.This resolution included the Met Block Project off -site Improvements along the abutting frontages of Calaveras Street,Stanislaus Street,and Fulton Street, in the amount of $121,342. In order to complete the project and allow for reimbursement of project costs from the Measure "C" TOD funds,the City and FCTA need to enter into a Cooperative Agreement.Staff recommends the Council approve this agreement in substantially the form attached subject to approval by the City Attorney's Office prior to execution.Upon approval by the Council and City Attorney’s Office,the agreement will be executed on behalf of the City by the Public Works Director,in accordance with the City Manager's delegation of the signing authority.The FCTA Board is scheduled to consider and approve this Cooperative Agreement on September 10,2014. Staff is currently negotiating a reimbursement agreement for this project with Granville Homes in anticipation of the developer obtaining bids,managing the construction contract,and submitting the necessary financial documentation for reimbursement of eligible project costs.Staff will return to Council within 30 days to request approval of a developer reimbursement agreement and an amendment to the Annual Appropriations Resolution (AAR)to incorporate this capital improvement project into the City's current fiscal year budget.Staff will present the project-related Environmental Findings in conjunction with Council's consideration of the developer reimbursement agreement, which will enable the actual project construction. 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 California Environmental Quality Act requirements. LOCAL PREFERENCE Not applicable because this is not a competitive bid. This is a funding mechanism only. FISCAL IMPACT The $229,799 project cost to construct off-site improvements abutting frontages of the project,is being fully funded by Measure "C" TOD dollars. There will be no impact to the General Fund. Attachment:Cooperative Agreement City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ MEASURE "C" AGREEMENT TO ESTABLISH PROGRAM ELIGIBILITY AND FUNDING REQUIREMENTS Environmental Enhancement Program Transit Oriented Development (TOO) Subprogram Capital Construction Costs-Met Block Development Off-Site Improvements (Van Ness/Stanislaus) This Program Eligibility and Funding Agreement ("Agreement") is made and entered into on 2014 , by and between the City of Fresno ("Grantee") and the Fresno County Transportation Authority ("Authority"). RECITALS WHEREAS, passage of the Measure C Extension created within the Environmental Enhancement Funding Allocation Program a subprogram entitled "Transit Oriented Infrastructure for In-fill" ("TOD"), the purpose of which was to provide funding to support planning and incentives generally intended to support increased demand for transit facilities; and WHEREAS, in accordance with the Measure C Extension Expenditure Plan ("Expenditure Plan") and most notably Appendix F thereto, the details regarding the funding and implementation of the TOD subprogram are set forth in the "Fresno County Measure C Transit Oriented Development Program Policies and Guidelines" (the "TOD Guidelines," attached as Appendix 1 hereto); and WHEREAS, as recommended in the Expenditure Plan and as described in the Measure C Extension Strategic Implementation Plan, Appendix J, the TOD Guidelines specify three (3) categories of projects/programs for which the TOD is available to provide competitively-based funding, which are generally characterized in the TOD Guidelines under the following respective headings: (1) Capital Improvement Program; (2) Planning Program; and (3) Housing In-Fill Incentive Program; and WHEREAS, Grantee submitted for approval, under the Capital Improvement Program category of the TOD, a "Project Application" requesting reservation from eligible Measure C Extension funds of $121 ,342 in funding, which amount shall be available solely for implementation and completion of the construction phase of the Rev 09118113-authority [todProjectTemplateWReimburse-09-18-13) 1 proposed "Met Block Development Off-Site Improvements Van Ness/Stanislaus Project"; and WHEREAS, Authority is authorized to approve funding for payment to Grantee in accordance with this Agreement, the TOO Guidelines and the Expenditure Plan, for funding of the construction phase of Grantee's proposed Met Block Development Off- Site Improvements Van Ness/Stanislaus Project; and WHEREAS, on April23, 2014 , based in part on the consistency of Grantee's proposed Project funding request (as described in its "Project Application Met Block Development Off-Site Improvements Van Ness/Stanislaus Project" dated February 19, 2014) with the purposes of the Capital Improvement Program as described in the TOO Guidelines, the Authority 's Board approved the reservation of $121,342 in TOO funding to be made available for implementation and completion of the construction phase of Grantee 's proposed Met Block Development Off-Site Improvements Van Ness/Stanislaus Project; and WHEREAS , the Authority's Board further directed Authority staff to draft this Agreement, for the purpose of establishing program implementation requirements and the terms and conditions governing the rights and obligations of the respective parties hereunder; and WHEREAS, Authority and Grantee now desire to enter into this Agreement, which serves to establish requirements for Grantee's use of the funding provided hereunder, as well as delineating the respective rights and obligations of the parties regarding use of Measure C funds as authorized for use by Grantee for the purposes specified hereunder, including but not limited to conditions and limitations on Grantee's right to receipt of payment hereunder. NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom , the parties hereto represent, covenant and agree as follows: AGREEMENT ARTICLE I Covenants of Grantee Rev 09/18113-authority [tod ProjectT emplateWReimburse-09-18-13] 2 Grantee agrees to abide by the terms and condit ions of this Agreement and the TOO Guidelines for the receipt of Measure "C " funds available under the TOO subprogram, and to comply with the Expenditure Plan, the TOO Guidelines, and all adopted Policies and Procedures as applicable , as well as any subsequent amendments, updates, or other applicable plans. 1.1 Project Scope, Schedule and Funding Program. The Project scope of work, schedule and funding program, as well as any change(s) thereto may not be implemented or initiated until approved by the Authority. For purposes of this Agreement, the Project scope, schedule and funding program is as defined and described in Grantee's Transit Oriented for In-Fill Development Capital Project Application "Met Block Development Off-Site Improvements Van Ness/Stanis laus Project" and as further described below in Exhibits A through C. Grantee must demonstrate in the funding program that the Project or Project phase is fully funded. 1.1.1 Project Scope. See Attached Exhibit A. 1.1.2 Project Schedule . See Attached Exhibit B. 1.1.3 Project Funding Program. See Attached Exhibit C. 1.2 Eligibility for Funding. In order to be eligible for TOO funding hereunder , a proposed development project must meet all of the following requirements as more thoroughly set forth in the in the TOO Guidelines, Appendix 1 hereto: 1.2.1 Density. The project must have a density of no less than eighteen ( 18) units per acre. 1.2.2 Location. The project must be located within the Downtown Fresno Area defined in the TOO Guidelines (Appendix 1 hereto) and identified in the map attached as Exhibit A thereto. 1.3 Compliance with California PUC Code 142257. Grantee agrees to the following: 1.3.1 Measure "C" funds will not be used to substitute for property tax funds , which Grantee had previously used for regional or other transportation purposes. It is hereby acknowledged by Grantee that such substitution Rev 09/1 8/13-authority (t odProjectT emplateWReimburse-09-1 8-1 3) 3 of property tax funds is expressly prohibited by California Public Utilities Code Section 142257. 1.3 .2 Grantee has segregated property tax revenues from its other general fund revenues used to support the Project so that verification of non- substitution can be proved through audit or that the non-substitution of funds shall apply to the Grantee's entire general fund. 1.3.3 Grantee shall account for Project funds received pursuant to Public Utilities Code Section 142257. Grantee shall maintain current records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. Grantee shall make such records available to the Authority for inspection or audit at any time. 1.4 Compliance with Other Laws. In performance of its obligations relating to administration and completion of the environmental phase of Grantee's proposed Met Block Development Off-Site Improvements Van Ness/Stanislaus project, Grantee shall at all times comply with all federal, state and local laws, ordinances and regulations currently in force as well as those that are subsequently enacted, promulgated or amended and thereby become applicable during the term of this Agreement. 1.5 Measure "C" Funds Defined. For purposes of this Agreement, Measure "C" funds are deemed to be available under the TOO , subject to the limitations and conditions specified in this Agreement and the TOO Guidelines. Provided, however, that unless another amount receives formal advance approval by means of a subsequent written amendment to this Agreement, the total cumulative amount of Measure "C" funds allocated under the TOO for the construction phase of Grantee's proposed Met Block Development Off-Site Improvements Van Ness/Stanislaus Project shall not exceed the sum of $121,342. 1.6 Maintenance of Project Records. Grantee shall maintain complete and accurate records for the project for which funding is made available hereunder. All such records shall be maintained on a generally-accepted accounting basis and be clearly identified and readily accessible. Grantee shall provide free access to the Authority at all times to such books and records. Grantee shall maintain all work data, documents , and proceedings relating to th is Agreement for a period of five (5) years from the date of final audit from the Authority. Rev 09/18/13-authority [tod ProjectTe mp lateWReimbu rse-09-18-13) 4 1.7 Invoices. Grantee shall submit invoices to the Authority no more frequently than monthly for activities conducted over the prior unbilled month. These documents shall include the following specified information: 1.7 .1 Monitoring Expenditures and Progress Payments. Grantee will monitor expenditures and progress payments against the "not to exceed" limits specified in Section 1.1.3 of this Agreement. 1.7.2 Project Progress. If Project costs have not been invoiced for a six- month period, Grantee agrees to submit a written explanation of the absence of the Project's progress to the Authority, along with a target billing date and a target billing amount. 1.7.3 Direct and Indirect Costs. Grantee may include in the Project invoice, direct and indirect costs of the Project. Indirect costs (as defined by OMB Circular A-87) will be considered an eligible expense. 1.7 .4 Copies of Invoices. Grantee shall provide the Authority with one ( 1) copy of appropriate source documentation to substantiate Project expenses or costs. 1.7.5 Eligible Project Cost Request Deadline. Invoices for eligible Project costs incurred by Grantee shall be submitted to the Authority on the approved form. The appropriation request will specify the use of the funding and the manner in which other sources of funding for the Project were applied. The Authority's Executive Director will review invoices for accuracy and sufficiency in terms of compliance with the foregoing requirements. Unsatisfactory or inadequate invoices will be returned to Grantee for correction and resubmission. Upon receipt of a proper invoice, eligible Measure "C" and TOD funds (as applicable) shall be provided to the Grantee within 45 days. 1.7.6 Use of Funds Grantee shall use Measure "C" and TOD funds (as applicable) consistent with the Measure C Expenditure Plan, Strategic Implementation Plan, and Section 1.1.1 of this Agreement. 1.8 Award of Project. Grantee shall administer the Project, including but not limited to its advertisement and award of all contracts, in accordance with applicable Rev 09/18/13-authority [todProjectT emplateWRe imburse-09-18-13) 5 legal requirements as provided above in Section 1.4 and in full conformity with the standards applied by Grantee in the adm inistration of its own construction projects. ARTICLE II Covenants of Authority Authority agrees to provide to the Grantee Measure "C" Extension funds available under the TOO, up to the maximum amount of $121,342 approved for the construction phase of Grantee's proposed Met Block Development Off-Site Improvements Van Ness/Stanislaus Project, in accordance with the terms and conditions set forth herein, and in compliance with the Expenditure Plan, the TOO Guidelines, all Measure "C" Policies and Procedures , and all adopted Policies and Procedures as applicable, as well as any subsequent amendments , updates, or other applicable plans. 2.1 Eligible Project Cost Payments. The Authority shall make payments to Grantee for actual incurred eligible project costs as specified in Section 1.1.3 of this Agreement and consistent with the Measure C Extension Strategic Implementation Plan. To receive payments for eligible project work completed, Grantee shall comply with the following procedures: 2.1.1 Ineligible Costs. The Authority reserves the right to recover payment from Grantee if an invoice includes ineligible Project costs. 2.1 .1.1 It is further understood and acknowledged that if an alternative source or method of financing becomes available to Grantee to provide funding for this project in whole or in part, then the project shall be deemed ineligible for funding hereunder to such extent; and in such event the Authority shall be entitled to a refund of the funds allocated under this Agreement in an amount equal to the funds obtained by the Grantee from such alternative source or method of financing , up to and including a full refund of all monies allocated hereunder if the Authority determines that all project costs have become "Ineligible Costs" under the provisions of this Section 2.1. 2.1.2 Payment Amount. The amount of payments to Grantee for eligible project costs shall be made pursuant to the Measure C Extension Strategic Implementation Plan and this Agreement. Rev 09/18113-authority [todP rojectT emp lateWReimburse-09-18-13] 6 2.1.3 Suspension of Payment. Payments for eligible Project costs shall be suspended without interest when a dispute arises as to whether or not a cost item(s) is eligible for payment. 2.1.3.1 Dispute Resolution. All disputes shall be settled in accordance with the laws of the State of California . Once a dispute has occurred, the Authority and Grantee shall attempt to resolve the dispute informally in a mutually agreeable manner. 2.2 Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Grantee's records pertaining to the Project at any time following completion of the eligible Project work. 2.2.1 Notice of Audit. The Authority must provide at least 30 days' advance notice to Grantee if an audit is to be conducted. ARTICLE Ill Mutual Covenants The Authority is released from any liability to Grantee regarding the Authority's administration and issuance of the Measure "C" proceeds except for any breach of Authority's fiduciary duty as set forth in the Expenditure Plan and Measure C Extension Strategic Implementation Plan. 3.1 Effective Date and Term. This Agreement shall become effective as of the date of its full execution by the parties and shall remain in full force and effect, for a period of twelve (12) months following the date of Grantee's completion of eligible Project work, unless sooner terminated as provided in Section 3.2 or in Section 3.4 or unless the Agreement's term is extended by formal approval of a subsequent amendment hereto in accordance with Section 3.8. 3.2 Discharge. This Agreement shall be subject to discharge as follows: 3.2.1 Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of Grantee and Authority . If this Agreement is mutually terminated by the parties, Grantee will no longer receive Measure "C" funds under the TOO for its proposed Met Block Development Off-Site Improvements Van Ness/Stanislaus Project (or any phase thereon, unless a new agreement Rev 09/18/13-authority [tod ProjectTemplateWReimburse-09-18-13] 7 between Grantee and Authority relating to such Project is formed; and in the event of such mutual termination, those funds remaining from the originally reserved funding allocation of $121,342 for the construction phase of this Project shall be returned by the Authority to the general TOO funding pool. 3.2.2 Discharge Upon Completion of Grantee's Program. Except as to any rights or obligations which survive discharge as specified in Section 3.14, upon completion of Grantee's completion of eligible project work, this Agreement shall be discharged, and the parties shall have no further obligation to each other. 3.2.3 Termination by Authority. The Authority reserves the right to terminate the Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof. If this Agreement is terminated by the Authority as provided herein , Grantee will be paid by the Authority for eligible Project costs incurred prior to termination of the Agreement, consistent with the requirements of the Program referenced herein and in the TOO Guidelines. In that event, all finished or unfinished documents and other materials shall, at the option of the Authority, become its property subject to the terms and conditions of Section 1.6. 3.3 Indemnity . It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Grantee: 3.3.1 Grantee shall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any and all damages, liabilities, claims and expenses , arising out of Grantee's errors, omissions , negligent acts or willful misconduct during the term of this Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Grantee shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810 .8 occurring by reason of anything done or omitted to be done by Grantee under this Agreement or in connection with any work, authority, or jurisdiction delegated to Grantee under this Agreement. 3.3 .2 Authority shall fully defend , indemnify and hold harmless Grantee, and any officer or employee of Grantee, against any and all damages , liabilities, claims and expenses , arising out of Authority 's errors, omissions, negligent acts or willful misconduct during the term of this Rev 09/1 8/13-authority [tod ProjectT emplateWReimburse-09-1 8-13) 8 Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4 , Authority shall fully defend, indemnify and hold Grantee harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Author ity under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement. 3.4 Limitation . All obligations of the Authority under the terms of this Agreement are expressly subject to the Authority 's continued authorization to collect and expend the sales tax proceeds provided by Measure "C " Extension funds. If for any reason the Authority's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part , the Authority shall promptly notify the Grantee , and the parties shall consult on a course of action . If, after twenty-five (25) working days , a course of action is not agreed upon by the parties , this Agreement shall be deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to: (i) the lawful ability of the Authority to expend sales tax proceeds for the purposes of the Agreement ; and (ii) the availability, taking into consideration all the obligations of the Authority under all outstanding contracts , agreements to other obligations of the Authority , of funds for such purposes . 3.5 Notices. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows: AUTHORITY: Mr . Ron Peterson , Executive Dir. Fresno County Transportation Authority 2220 Tulare Street , Suite 411 Fresno , CA 93721 Ph: (559) 600-3282 Fax : (559) 600 -1499 measurec@sbcglobal .net Rev 09/18/13-authority 9 RESPONSIBLE AGENCY: Scott Mozier P.E., Public Works Director City of Fresno 2600 Fresno Street , 4th Floor Fresno , CA 93721 Ph : (559) 621-8811 ; Fax : (559) 488-1045 Scott .Moz ier@fresno .gov [todProjectTemplateWReimburse-09-18-13] 3.5.1 Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after the date of mailing . Either party may change the above address by giving written notice pursuant to this paragraph. 3.6 Additional Acts and Documents. Each party agrees to do all such things and take all actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement. 3.7 Integration . This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. NO representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 3.8 Amendment. This Agreement may not be changed, modified, or rescinded except in writing , signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 3.9 Independent Agency . Grantee renders services under this Agreement as an independent agency under the Agreement. None of the Grantee's agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of the Grantee agency. 3.10 Assignment. The Agreement may not be assigned , transferred, hypotheticated , or pledged by any party without the express written consent of all parties hereto. 3.11 Binding on Successors. This Agreement shall be binding upon each of the parties and their respective successor(s), assignee(s) or transferee(s). Provided however that this provision shall not be construed as an authorization to assign, transfer , hypothecate or pledge this Agreement, other than as provided in Section 3.10 above. 3.12 Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or Rev 09/18/13-authority [tod Proj ectTemp lateWRe imburse-09-18-13] 10 carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that, the remainder of this Agreement can , absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 3.13 Counterparts . This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document. 3.14 Survival. The following provisions in this Agreement shall survive discharge: 3.14 .1 Grantee . As to the Grantee agency, the following sections shall survive discharge: Section 3.3 (Indemnity), 3.14.2 Authority. As to Authority, the following section shall survive discharge: Section 2.3 (Right to Conduct Audit) and Section 3.3 (Indemnity). 3.15 Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor. 3.16 Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive , but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law. 3.17 Applicable Law . This Agreement shall be governed by , and construed and enforced in accordance with the laws of the State of California. The part ies agree that this contract is made in and shall be performed in Fresno County , California . 3.18 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions . 3.19 No Continuing Waiver . The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a Rev 09/18113-authority [tod ProjectTemplateWRei mburse-09-18-13) 11 waiver of any subsequent breach of the same, or of any other provision of this Agreement. 3.20 No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement. 3.21 Attorney's Fees and Costs. Authority and Grantee each will bear its own respective costs, including attorney's fees, in connection with any legal proceedings related to the interpretation or enforcement of this Agreement or any of the terms and conditions hereof . 3.23 Exhibits and Recitals . The Recitals and Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement. 3.24 Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party. 3.25 Force Majeure. Any party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material , products , plants or facilities by federal, state or local government; national fuel shortage; or a material act or omission by any party; when satisfactory evidence of such cause is presented to that other party, and provided further such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. Rev 09/1 8113 -authority [todProjectTemplateWReimburse-09-1 8-13] 12 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above . FRESNO COUNTY TRANSPORTATION AUTHORITY By (S ignature) Name Harry Armstrong (Typed) Title Chair of the Authority APPROVED AS TO LEGAL FORM : Daniel C. Cederberg , County Counsel By (Signature) Name Michael E. Rowe Title Senior Deputy County Counsel CITY OF FRESNO By (Signature) Name Scott L. Mozier, P.E. Title Public Works Director APPROVED AS TO FORM Douglas Sloan , City Attorney BY: ATTEST By (Signature) Name Ron Peterson (Typed ) Title Executive Director APPROVED AS TO ACCOUNTING FORM : By (Signature) Name _ ____:V:....:..::ic=k.:.....i C=r=ow:..:..J'"--.:C::...:..:.P~·.:.....:A.:...... __ Title Auditor-Controller/Treasurer-Tax Collector ATTEST By (S ignature) Name Yvonne Spence CMC Title City Clerk Rev 09/18/13-authority [tod ProjectT emplateWReimburse-09-18-13] 13 Measure "C" Short-Range Regional Transportation Program 1 Project Scope-Exhibit A Ml~tlf:tt. EXHIBIT A -:-PROJECT SCOPE ..... OCOUIIFY1RANSPORTATIOIIAI/1HORITY Met Block Off-S1te Improvements ~ On Fulton between Calaveras and Stanislaus and along Calaveras and Stanislaus between Fulton and Van Ness -c I I I I I I I I I I I I I I I I I I I •I I I I I I I I I I I I I I I I I I I )lo-- Responsible Agency City of Fresno Project Limits The project limits include Off-Site Improvements to the Met Project along the frontage street of Fulton, Calaveras and Stanislaus . Project Phase (Choose the Project Phase(s) applicable to this Agreement) D Phase 1 -Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] D Phase 2 -Right-of-Way Acquisition 1:8:1 Phase 3 -Construction (Includes Project Construction & Construction Management) Project Phase(s) Scope The project consists of Construction of off-site improvements along the abutting frontages of the project site consisting of curbs and gutters, sidewalks and paving on Stanislaus Street , Fulton, and Calaveras . Complete Project Scope Phase 1 consists of preparation of PS&E and was privately funded . All work is within the existing right-of-way . Phase 3 consists of advertising the project for construction bids , construction of off-site improvements, inspection and construction engineering. Project Purpose The purpose of this project is to provide off-site improvements to accommodate higher-density , in fill development in the project vicinity . Transportation Benefit The project is expected to improve air quality , reduce traffic congestion , improve circulation and aesthetics in the project vicinity. Implications of Not Doing the Project Existing conditions would remain in place including poor driving surface , poor circulation and poor aesthesis hindering adjacent infill site development. Community Engagement The project limits are within a moderately populated residential and area . Residents and property owners will be kept informed of the Project's status and schedule through the City 's Public Works Department and local media . Construction Staging The project construction is straightforward in nature and will be constructed in a single phase. Open trenches will be backfilled or plated at the end of daily construction operations . Construction phasing may be implemented due to the potential impacts on adjacent residences , businesses , schools , which use this street to access their property. Detours Detours will be provided to ensure access to surrounding property owners . Current Status Phase 1 is complete . Phase 2 is not applicable to this project. Phase 3 is currently in progress . Contact For inquiries , you may contact David Cisneros , with the City of Fresno Public Works Dept. at (559) 621-8804 . Measure "C" Short-Range Regional Transportation Program 1 Project Schedule -Exhibit 8 Mf?t~ttf!:ti EXHIBIT B -PROJECT SCHEDULE FRfSNOCOIJit1Y7liANSPO/ITAnco•I/JHOI!fTY Met Block Off-Site Improvements ~ On Fulton between Calaveras and Stanislaus and along Calaveras and Stanislaus between Fulton and Van Ness -c I I I I I I I I I I I I I I I I I I I •I I I I I I I I I I I I I I I I I I I ..- Replace information below with information for subject project phase Responsible Agency City of Fresno Project Limits The project limits are along Broadway , in Downtown , between Calaveras and San Joaquin. Project Phase D Phase 1 -Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] D Phase 2-Right-of-Way Acquisition 181 Phase 3-Construction (Includes Project Construction & Construction Management) Contact For inquiries , you may contact David Cisneros, with the City of Fresno Public Works Dept. at (559) 621-8804 . Project Schedule Right-of-Way •2 Construction *3 •1 Preliminary Engneering: Preliminary Desigll'Engineering (PS/E), Environmental •2 Rirj:ll-<f.Way Acquisi~on •3 Prqecl Cons/ruc~on & Cons/ruc~on Management 2012/13 Measure "C" Short-Range Regional Transportation Program 1 Project Funding Program -Exhibit C EXHIBIT C · PROJECT FUNDING PROGRAM Met Block Off-Site Improvements On Fulton between Calaveras and Stanislaus and along Calaveras and Stanislaus between Fulton and Van Ness =4 I I I I I I I I I I I I I I I I I I 1•1 I I I I I I I I I I I I I I I I I I ..- Responsible Agency City of Fresno Project Limits The project limits include Off-Site Improvements to the Met Project along the frontage street of Fulton, Calaveras and Stanislaus . Project Phase (Choose all applicable to this Agreement -funding for the phase(s) must be fully funded at the time that the agreement is approved by the Authority and the Responsible Agency) 0 Phase 1 -Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmentalj 0 Phase 2 -Right-of-Way Acquisition ~ Phase 3 -Construction (Includes Project Construction & Construction Management) Contact For inquiries, you may contact David Cisneros, with the City of Fresno Public Works Dept. at (559) 621-8804. ·~ ,.,_._...,.,_ ··-~ .. &~--- City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-299 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Authorize the Director of Aviation to execute a consultant services agreement with Kimley-Horn and Associates, Inc., Consulting Airport Engineers, to provide professional civil engineering consulting services for the rehabilitation/reconstruction of the west side terminal apron at Fresno Yosemite International Airport (FAT) in an amount not to exceed $485,000 RECOMMENDATION Staff recommends Council authorize the Director of Aviation to execute a consultant services agreement with Kimley-Horn and Associates,Inc.(KH)for the rehabilitation design of the west side terminal apron at FAT. EXECUTIVE SUMMARY Rehabilitation/reconstruction of the commercial aviation apron on the west side of the terminal (Project)is necessary based on the results of pavement evaluations conducted as part of the Federal Aviation Administration (FAA)mandated Pavement Management Plan (PMP)for FAT.The Project will remove and replace existing pavements,lighting and drainage facilities.Also planned are electric vehicle charging stations for airline support equipment,infrastructure for future boarding bridges,new markings and signage.KH will provide the professional engineering services necessary for this work. BACKGROUND The FAA approved Airport Capital Improvement Program (ACIP)for FAT identifies a number of airfield related projects including the rehabilitation/reconstruction of the west side commercial aviation apron.The ACIP is FAA’s tool to ensure that projects are properly prioritized with regard to the safe and secure operation of the airport and to provide appropriate project funding.The prioritization of airfield projects at FAT is based on the FAA approved Airport PMP,which evaluates pavement conditions and life-cycle costs.This Project is the next area of aged,deteriorating pavement scheduled for rehabilitation/reconstruction at FAT.Through a competitive Request for City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-299 Agenda Date:8/28/2014 Agenda #: pavement scheduled for rehabilitation/reconstruction at FAT.Through a competitive Request for Qualifications (RFQ)process the Airports Department (Department)invited civil engineering firms that could provide comprehensive full-service planning,design,construction document preparation, bidding support and construction administration to submit Statements of Qualifications.The Department published a public notice in The Business Journal,posted information on the Airport’s website for qualified firms and direct mailed the RFQ to all interested firms.Ten professional consulting firms responded to the RFQ and their qualifications were evaluated by a committee of four in accordance with the provisions of the RFQ and FAA regulations.The firms were rated based on the evaluations and three firms were selected for future service.Of those three firms,it has been determined by the Department that KH is most qualified to perform the Project. The agreement has been approved by the FAA and has been reviewed and approved as to form by the City Attorney’s office. ENVIRONMENTAL FINDINGS Not applicable since the agreement does not constitute a project. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)does not apply since federal funding is being used. FISCAL IMPACT Funding for this Project is provided by FAA (ACIP)grants and Measure C Regional Transportation Program funds.The Project is included in the City’s FY 2015 budget.There is no impact to the General Fund from this action. Attachments: - Agreement - Site Map City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ x x x x x xx x xxxxxx x xx xx xx x x x xx x x x x x xx x x x xEAST DAKOTA NORTH PIERCE AVE.NORTHPEACHEA S T A I R W A Y S B L V D .NORTH CHESTNUTEAST SHIELDS AIR C A R G O RA M P LEYTEEAST AIRWAYS BLVD.WALKER WAYNORTH CLOVISCASSINOMUNDA SAL E R N O BOYINGTON DR.EA S T A I R C O R P D R I V E WESTOVER AVENUE DRIVENORTH AIR-FRESNONORTHFINE AVE.NORTH ASHLEYEAST SIMPSON NORTH GROVE INDUSTRIAL DRIVENORTH WINERYNORTH CLOVISEAST CLINTON WAY EAST McKINLEY AVENUE NORTHPEACHEAST McKINLEY AVENUE X MPH MPH1010MPHMPH1515MPHMPH 101015 15MPHMPH10101010 MPHMPH 1515MPH MPH MPH 15 15MPHMPHMPH ONLYTAXISONLYTAXISONLYTAXIS151010MPH MPH MPHMPH15 FF EL EV . 3 23. 00 ST O R M D R A I N A G E BA S I NONLY ONLYBUSESBUSESBUSESONLYx7 C(SPEC IAL USE ONLY )(MILITARY USE ONLY)BB B B2B3B2CC4A B3 B3B4B5B6 B6B6B7B81 2 3 4 CC10 A 5 B B B10B10B116B12 CC12 8B14 B1211L29R11R29LASR-11 Rehabilitation of West Apron PROJECT SITE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-319 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL [Date of Council Meeting] FROM:[EXECUTIVE, Director Public Works Department] BY:[JOHN DOE, PE, City Engineer Public Works Department] SUBJECT Approve the appointment of Lawrence Garcia to the Planning Commission RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-319 Agenda Date:8/28/2014 Agenda #: approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment:[If more than one, pluralize] City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ RECEIVED ¡û1tl iì,rj6 26 Pn 3 29 Agenda ltem: Consent Calendar lD#14-319 Council Date: 81 28l20t4 fiTy cLERtr, FRESTiftRESNO ClTy COUNCI L City of =O=al.lSl/z=-fflE-=i?7¿¿tr\-- Supplemental Information Packet Agenda Related ltems - Meeting of August 28, 2OL4 Supplemental Packet Date: August 26,2Ot4 Item(sl Consent Calendar ltem lD# 14-319 - Approve the appointment of Lawrence Garcia to the Planning Commission. 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(2ll. 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 62I-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 Securi City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-325 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM: JENNIFER K.CLARK, AICP, Director Development and Resources Management BY: MIKE SANCHEZ, Assistant Director Development and Resources Management SUBJECT * BILL NO. B-36 - (For adoption; Introduced August 21, 2014) - Repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining RECOMMENDATION Staff recommends the Council take the following action: 1.Approve the ordinance bill of the City Council repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining. EXECUTIVE SUMMARY On March 6,2014,the City Council,through Ordinance Bill 2014-17,approved Text Amendment No. TA-13-006 relating to the use of outdoor dining areas within street easements and rights-of-way, without requiring a special permit for certain uses.In efforts to enhance permit processing the attached ordinance bill was drafted to clarify some administrative procedures relating to right-of-way encroachment and the necessity of recorded agreements.This bill will simplify the process for all businesses whether they own or lease the property and will allow for encroachment on City owned space without obtaining any permit or encroachment agreement subject to certain requirements. There is clarifying language to include lessee,tenants and legal occupants of the building to eliminate ownership issues. BACKGROUND The proposed ordinance bill has been drafted to address specific concerns related to the outdoor dining ordinance that was enacted in March of 2014.During its early inception,concerns were raised regarding the recordation of an agreement as well as the extent of encroachment into the right-of- City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-325 Agenda Date:8/28/2014 Agenda #: regarding the recordation of an agreement as well as the extent of encroachment into the right-of- way.City staff has drafted the attached ordinance that addresses these concerns and would still allow for the timely processing of these applications. Many of the original requirements of the outdoor dining ordinance will remain in place.These include no additional parking requirements;clear definition of designated outdoor dining areas;and no updated security plans.These requirements will allow for a safe operating environment while protecting the public right-of-way.The proposed relocation of the ordinance within the Fresno Municipal Code will also promote timely processing by eliminating administrative timelines.The original intent of the ordinance was to process such permits over the counter in one day.This will be accomplished through the adoption of this ordinance. ENVIRONMENTAL FINDINGS This is not a "project"for the purposes of CEQA pursuant to CEQA Guidelines,section 15378(b)(5), as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Not applicable since no bid process was involved in this project. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion,in turn,funding the respective operations of the Development and Resource Management Department. Attachments: Ordinance Bill City Council Staff Report of March 6, 2014. City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ ~e~,,~\f/~REPORT TO THE CITY COUNCIL rn~~;~~,~ AGENDA ITEM NO.I:r: COUNCIL MEETING: 3/6/14 March 6, 2014 FROM: MIKE SANCHEZ,Plan ez: Development Services ~nagl THROUGH: BY: WILL TACKETT,Supervising Pla~ Development Services Division ~U ISRAEL TREJO,Planner ~ Development Services Division;!\\ APPROVED BY c SUBJECT:Consider Text Amendment Application No.TA-13-006 and related environmental finding for Environmental Assessment No.TA-13-006 relating to the use of outdoor dining areas,including within street easements and rights-of-way, without requiring a special permit for certain uses RECOMMENDATION The appropriateness of the proposed text amendment has been examined pursuant to Section 12-402 of the Fresno Municipal Code (FMC), and the Director of the Development and Resource Management Department has determined that the proposed text amendment is consistent with the goals and policies in the 2025 Fresno General Plan. Upon consideration of staff evaluation,it can be concluded that proposed Text Amendment Application No.TA-13-006 is appropriate for citywide use.Therefore,staff recommends the City Council take the following actions: 1.APPROVE to the City Council of the environmental finding for Environmental Assessment No.TA-13-006,dated October 31, 2013, that a Negative Declaration be adopted for the project. 2.APPROVE to the City Council of Text Amendment Application No.TA-13-006,which would allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way,without requiring a special permit for certain uses. EXECUTIVE SUMMARY Text Amendment No.TA-13-006 was initiated by the Director of DARM,pursuant to Section 12-402.A of the FMC. Text Amendment No.TA-13-006 proposes to add Section 12-328, repeal and reserve Subsection (M) of Sections 12-220.5 and 12-231.5, amend Subsection (d) of Section 13-219, and amend Section 9-2503 of the FMC (see Ordinance Bill). The text amendment proposes to allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way (i.e.sidewalks),without requiring a special permit for certain uses. Currently, the FMC only allows outdoor dining in conjunction with a restaurant. The approval of the proposed text amendment would allow for outdoor dining at Restaurants, Taverns,Delicatessens,Ice Cream Stores,Cafeterias,Banquet Halls,Bakeries,Micro- breweries,Nightclubs and other similar uses. REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 2 PROJECT INFORMATION PROJECT APPLICANT LOCATION ENVIRONMENTAL FINDING PLAN COMMITIEE RECOMMENDATION PLANNING COMMISSION STAFF RECOMMENDATION BACKGROUND Over-the-counter application Text Amendment No.TA-13-006 was initiated by the Director of the Development and Resource Management Department.The text amendment proposes to allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way (Le. sidewalks),without requiring a special permit for certain uses City of Fresno -Development and Resource Management Department Citywide A Negative Declaration was filed with the Fresno County Clerk on October 31, 2013 See Exhibit F for Council District Plan Implementation Committee recommendations On January 29,2014,the Planning Commission recommended that the City Council: (1) Adopt the Negative Declaration, dated October 31, 2013, prepared for the project; (2)Approve Text Amendment No.TA-13-006 with the addition that smoking be prohibited within patios on private and public property Approve the proposed text amendment and adopt the related environmental finding No site plan, conditional use permit, or amendment to an existing special permit is required for an Outdoor Dining area. Instead, an over-the-counter application is required to be submitted to the Director of DARM for ministerial approval consistent with the proposed Outdoor Dining Ordinance prior to use of the Outdoor Dining area. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet,whichever is less, for an over-the-counter application.Additional Outdoor Dining area up to 3,000 square feet may be approved with a special permit (site plan review or conditional use permit)consistent with the design guidelines of the proposed ordinance. Outdoor Dining Areas without Alcohol Consumption An applicant may submit an over-the-counter application for ministerial approval to immediately operate an Outdoor Dining area where alcoholic beverages are not consumed or otherwise used. No updated or additional security plan is required if alcoholic beverages are not consumed or otherwise used in the Outdoor Dining area. REPORT TO THE CITY COUNCIL Text Amendment Application No. TA-13-006 March 6, 2014 Page 3 Outdoor Dining Areas with Alcohol Consumption For any use involving alcoholic beverages in the Outdoor Dining area, a security plan, and any additional information as the Director of DARM may reasonably require to evaluate the application, shall be submitted to the Director for review and approval by the Police Department. Upon consultation with the Police Department, the Director has discretion to deny any application involving alcoholic beverages in the Outdoor Dining area for either II good cause" as defined in Section 12-326(H)(1) of the FMC (Exhibit A), or for any unlawful nuisance identified by Section 10-708 of the FMC (Exhibit B). Parking No additional parking is required when a proposed Outdoor Dining area is less than 749 square feet. Any portion of the Outdoor Dining area 749 square feet or more shall be included as gross floor area for the purposes of calculating off-street parking requirements at the rate set in Section 12-306(1)(2.2)(d) of the FMC. Noise Requirements Use of an Outdoor Dining area shall comply with the Noise Ordinance of the FMC. If a qualifying Outdoor Dining area is proposed to be used after 10:00 p.m. and is located within 500 feet of property planned for residential uses, excluding any portion that is planned to allow residential mixed uses, an acoustical analysis with a diagram of the Outdoor Dining area must be conducted to ensure compatibility with the Noise Ordinance. Barriers Around Outdoor Dining Areas Barriers around Outdoor Dining areas are not required, including those where alcoholic beverages are consumed, but are allowed subject to the proposed ordinance if not more than four feet in height and maintain at least 50%transparency. Barriers can be permanent or temporary; chain linked fencing is prohibited. All barriers must have at least one direct exit made by either providing a gap in the barrier, or with a door or gate that swings in the direction of egress travel equipped with panic hardware. The Outdoor Dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The Outdoor Dining area must not obstruct direct access or egress from any entrance or exit. An Outdoor Dining area, where alcoholic beverages are consumed, shall comply with barrier requirements as may be established by the California Department of Alcoholic Beverage Control (ABC). Use of City Right-of-Way for Outdoor Dining Use of City of Fresno street easement or right-of-way (Le. sidewalks), for Outdoor Dining purposes may be approved at the discretion of the Director of DARM after consultation with the Department of Public Works. An encroachment permit issued by the Department of Public Works is required. An applicant will be required by the encroachment permit (or covenant) to REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 4 maintain the encroachment area free of any nuisance, and shall conduct activities in full compliance with all applicable federal, state, and local laws. Additional Amendments to the Code To help facilitate the development of an Outdoor Dining area under the proposed text amendment, revisions were needed for Sections of the FMC that are not within Chapter 12 (Land Use Planning and Zoning). Section 9-2503 (d) of the FMC is proposed to be revised to allow an encroachment permit, for alcoholic beverage consumption on a mall or sidewalk, to be issued by the Department of Public Works, rather than the City Council. Additionally, painted lines will not be required around the alcoholic beverage consumption area. Also, though not needed to develop an Outdoor Dining area under the proposed text amendment, Section 9-2503 (d) of the FMC proposes to allow the Parks and Recreation Director, in consultation with the Police Chief, to authorize the consumption of alcoholic beverages during an event of limited duration held in a mall area as defined in Section 14-1801 (f)of the FMC (Exhibit C). In addition, the subject text amendment proposes to add the Police Chief as someone that reviews the project and removes the requirement that the event be conducted by an organization for the benefit of a nonprofit organization, a charitable purpose, or the city. ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Based on the attached environmental assessment, with the project requirements and parameters imposed, there is no substantial evidence in the record that this project may have direct, indirect, or cumulative effects on the environment that are significant; therefore, this project will not require the preparation of an environmental impact report. As such, the filing of a negative declaration is appropriate in accordance with the provisions of CEQA Section 15070. A public notice of the attached negative declaration finding for Environmental Assessment Application No. TA-13-006 was published in The Fresno Bee on October 31, 2013 with no comments received within the 20 day comment period. Community Outreach On October 10, 2013, a select group of restaurant owners affiliated with the California Restaurant Association was consulted with and provided valuable feedback on the proposed ordinance. Additionally, the proposal was presented to the Fresno Chamber Government Affairs Committee on October 16, 2013, and was supportive of the project. REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 5 Comments Received An initial version of the text amendment was prepared and routed for comment to various internal departments and outside agencies having oversight relative to Outdoor Dining, including, the City of Fresno Public Works, Fire and Police Departments ,Fresno County Environmental Health (Exhibit D) and ABC. After all the comments were received for the initial version, staff developed the proposed text amendment (see Ordinance Bill). Planning Commission Public Hearing Notice In accordance with Fresno Municipal Code Section 12-402-B, a notice of Planning Commission hearing was published in The Fresno Bee on October 31,2013. Planning Commission Action The Fresno City Planning Commission considered the text amendment application at their regularly scheduled meeting on January 29,2014.At the hearing, the Planning Commission discussed the issue of whether smoking should be allowed in patios on private and public property. After a complete hearing, the Planning Commission recommended approval of the text amendment to the City Council, with the following addition to proposed Section 12-328: 1. 12-328.E.11: Smoking shall be prohibited within patios on private property and on street easements or right-of-way (see Exhibit G). It is noted, however, that staff has not included the prohibition of smoking in patios on private and public property in the proposed text amendment. Airport Land Use Commission The Airport Land Use Commission (ALUC) considered the text amendment application at their regularly scheduled meeting on February 3, 2014. The ALUC discussed the issue of whether approving an over-the-counter application could potentially result in a property exceeding its allowed density. Staff explained to the ALUC that an over-the-counter application will only allow "small" patios without a special permit, businesses would still have to comply with the conditions of their special permit and zoning and the proposed text amendment expressly requires compliance with state and federal law. Additionally, staff explained to the ALUC that a density check can be done for those properties that are within an Airport Review Area prior to approving an over-the-counter application. The ALUC voted unanimously to approve the proposed text amendment application with the condition that staff review would include confirming the outdoor dining would not allow a business to exceed the density limitations required in Airport Review Areas. REPORT TO THE CITY COUNCIL Text Amendment Application No.TA-13-006 March 6, 2014 Page 6 Council District Advisory Committees The recommendations of the Council District Plan Implementation Committees are listed in Exhibit F. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicanUcustomer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicanUcustomer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department. Attachments: Ordinance Bill for Text Amendment No. TA-13-006 adding Section 12-328, repealing and reserving Subsection (M) of Sections 12-220.5 and 12-231.5, amending Subsection (d) of Section 13-219, and amending Section 9-2503 of the FMC Exhibit A - Section 12-326(H)(1) of the FMC Exhibit B - Section 10-708 of the FMC Exhibit C - Section 14-1801(f) of the FMC Exhibit 0 -County of Fresno Department of Public Health letter dated November 8, 2013 Exhibit E - Finding of Negative Declaration for Environmental Assessment No. TA-13-006 Exhibit F - Council District Plan Implementation Committee Recommendations Exhibit G - Planning Commission Resolution No. 13266 BJLLNO. _ ORDINANCE NO.--- AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING SECTION 12-328, REPEALING AND RESERVING SUBSECTION (M) OF SECTIONS 12- 220.5 AND 12-231.5, AMENDING SUBSECTION (d) OF SECTION 13-219, AND AMENDING SECTION 9-2503 OF THE FRESNO MUNICIPAL CODE RELATING TO OUTDOOR DINING. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12-328 of Article 3, Chapter 12 of the Fresno Municipal Code is added to read: SEC. 12-328. OUTDOOR DINING A. This Section shall be known as the "Outdoor Dining Ordinance." B. Purpose. The purpose of this Section is to allow for the expansion and use of certain outdoor dining areas, without requiring a special permit, to promote business, revitalization, and public safety. C. Definitions. For the purpose of this Section, "Outdoor Dininq" shall refer to a delineated area within a parcel, including patios and similar areas, located outside of and adjacent to a building used for consuming food or beverages at a table with chairs, a portion of which must be within 20 feet of said building. "Outdoor Dining" shall not include food preparation areas. D. Applicability. This Section shall apply to Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries, Micro-breweries and similar uses. This Section shall also apply to Nightclubs with dancing prohibited in the Outdoor Dining area. E. General Requirements for Outdoor Dining Areas. 1. No site plan, conditional use permit, or amendment to an existing special permit is required for expansion into an Outdoor Dining area if the proposed use is existing and authorized for any portion of the applicant's property, use of the Outdoor Dining area does not obstruct vehicular circulation, and Outdoor Dining use is not Date Adopted: Date Approved L Effective Date:/<{r. City Attorney Approval:_ Page 1 of 8 Ordinance No. expressly prohibited by a condition of an existing special permit, approved parcel or tract map, or zoning action. Instead, an over- the-counter application shall be submitted to the Director for ministerial approval consistent with this Section prior to use of the Outdoor Dining area. The application shall include a scaled exhibit depicting the location of the Outdoor Dining area (including proposed structures and barriers, locations of tables and chairs, and existing structures on the parcel), be signed by one or more of the record owners of the parcel of property, and contain any other information required by the Director. The Director shall provide a copy of approved applications to the Police Department and Fire Department. 2. Use of the Outdoor Dining area shall be subject to the same hours of operation as the existing authorized use for the property. 3. No updated or additional security plan is required if alcoholic beverages are not consumed or otherwise used in the Outdoor Dining area. For any use involving alcoholic beverages in the Outdoor Dining area the following standards shall apply: a. In addition to an application to operate an Outdoor Dining area where alcoholic beverages are proposed to be consumed, an applicant may also submit an over-the- counter application for ministerial approval to immediately operate an Outdoor Dining area where alcoholic beverages are not consumed or otherwise used. The most recently approved application governs to the extent it regulates the same Outdoor Dining area. b. For any use involving alcoholic beverages in the Outdoor Dining area, a security plan, and any additional information as the Director may reasonably require to evaluate the application, shall be submitted to the Director for review and approval by the Police Department. c. Upon consultation with the Police Department, the Director has discretion to deny any application involvinq alcoholic beverages in the Outdoor Dining area for either "good cause" as defined in Section 12-326(H)(1), or for any unlawful nuisance identified by Section 10-708. The Director shall send written notice and a summary of the grounds for the denial to an applicant not less than 10 days prior to the denial becoming final. Denials are without prejudice; an applicant may resolve the unlawful nuisance or activity constituting "qood cause" and re-apply at any time. Page 2 of 8 Ordinance No. d. Prior to the decision becoming final, an applicant may file with the Director a written appeal of such denial, along with any argument and evidence as to why the use should not be denied. Failure to timely appeal shall be deemed a failure to exhaust administrative remedies. Upon receiving an appeal, the Director shall consider all evidence and argument, and may deny the application if there is credible evidence of a violation. Notice of the Director's final decision shall be in writing and sent to the applicant. If the Director determines there is not sufficient grounds for denial, the application shall be approved if otherwise consistent with this Code and applicable law. 4. Multiple Outdoor Dining areas may be used. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet,whichever is less, for an over-the- counter application. Additional Outdoor Dining area up to 3,000 square feet may be approved with a special permit consistent with the design guidelines of this Section. 5.The Outdoor Dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The Outdoor Dining area must not obstruct direct access or egress from any entrance or exit. Travel space between the Outdoor Dining area and the building used for consuming food and beverages cannot cross an area where vehicular traffic is allowed, and a 10 foot visibility triangle must be maintained at all driveways and vehicular entrances. An Outdoor Dining area adjacent to a roadway or vehicular travel area must be located at least six feet from the edge of curb. If the Outdoor Dining area would cause the total building occupancy to exceed 49 people, the building must have at least two unobstructed exits consistent with the Building Code. 6. No additional parking is required when the Outdoor Dining area is less than 749 square feet. Any portion of the Outdoor Dining area 749 square feet or more shall be included as gross floor area for the purposes of calculating off-street parking requirements at the rate set in Section 12-306(1)(2.2)(d)of this Code. 7. The acoustical analysis requirements of Section 12-326(F)(7) are not applicable if the total Outdoor Dining area is less than 749 square feet and is limited to 49 persons or less. Instead, use of the Outdoor Dining area shall comply with the Noise Ordinance per Article 1 of Chapter 10. If a qualifying Outdoor Dining area is proposed to be used after 10:00 p.m. and is located within 500 feet of property planned for residential uses, excluding any portion that Page 3 of 8 Ordinance No. is planned to allow residential mixed uses, an acoustical analysis with a diagram of the Outdoor Dining area must be conducted to ensure compatibility with the Noise Ordinance. If an acoustical analysis shows compatibility, the qualifying Outdoor Dining area can be used after 10:00 p.m. for such time as the consumption of food and beverages is otherwise authorized for the property if consistent with the assumptions in the analysis to ensure compatibility. A copy of the acoustical analysis must be submitted to the Director, kept on the premises associated with the Outdoor Dining area, and promptly made available for inspection upon request by any person. Any expansion of the qualifying Outdoor Dining area will require an updated acoustical analysis before it can be used after 10:00 p.m. This Section does not authorize use of the Outdoor Dining area after 10:00 p.m. if the acoustical analysis does not show compatibility with the Noise Ordinance. 8. Barriers around Outdoor Dining areas are not required, but are allowed subject to this Code if not more than four feet in height and maintain at least 50%transparency to the outdoor elements. Barriers cannot block or enclose existing ingress or egress to a structure absent prior authorization from the Building Official or designee. Barriers can be permanent or temporary, and may include moveable stanchions and similar items. All barriers must have at least one direct exit made by either providing a gap in the barrier, or with a door or gate that swings in the direction of egress travel equipped with panic hardware and having an operating force of no more than five pounds, or as otherwise required by accessibility regulations. Door or gate swing shall not intrude into any travel or related area described in Subdivision 5 of Sub-section E of this Section, nor shall it intrude into any parking space. An Outdoor Dining area, where alcoholic beverages are consumed, must comply with barrier requirements as may be established by the California Department of Alcoholic Beverage Control. 9. Allowed furnishings may include tables, chairs, umbrellas, landscape pots, wait stations, planters, benches, waste receptacles, and similar items that help to define pedestrian and other use of the outdoor dining areas. Materials must be of wood, metal, stone, terra cotta, cast stone, hand-sculpted concrete, a solid surfacing material, or recycled plastic. Plastic resin furnishings are prohibited unless made of commercial-grade materials; chain linked fencing is prohibited. No signs shall be affixed to or supported by the furnishings or fixtures except as authorized by the Sign Ordinance. Permanent fencing, barriers, lighting, heating, cooling or other fixtures are allowed with a building permit consistent with Chapter 11 (Building Permits and Regulations). Individual table umbrellas may be used; roof Page 4 of 8 Ordinance No. coverings, canopies, tents or similar items are prohibited except with a building permit and subject to approval by the Fire Department. Furnishings such as tables and chairs, and fixtures such as portable heaters, shall not be stored in such a way as to be visible from the street for more than 72 hours. Furnishings and fixtures ready for use may remain in the outdoor dining area at all times even if visible from the street. 10.Outdoor Dining shall comply with all applicable federal, state or local laws, including Section 12-405(8)(9)(Installation of Outdoor Electric Lighting Fixtures), Article 5 of Chapter 10 (Fire Prevention), and Chapter 11 (Building Permits and Regulations) of this Code. In addition to any other remedies authorized by law, including citation, the City may revoke the approval following the process set forth in Section 12-405(E). F. Use of City Right of Way. Use of City of Fresno street easement or right- of-way, for Outdoor Dining purposes may be approved at the discretion of the Director after consultation with the Department of Public Works, subject to the following requirements in addition to those found in Subsection E except as noted: 1. No rent shall be charged for use of the encroachment area. 2. No additional parking shall be required for use of the encroachment area for Outdoor Dining; the parking requirements of Subsection E are not applicable to this Subsection F. 3. No updated security plan is required for use of the encroachment area, except an Outdoor Dining area involving alcoholic beverages shall comply with Subsection E(3) of this Section. 4.Semi-permanent structures, facilities, fixtures or buildings are allowed, but are not required. Such semi-permanent items in the Outdoor Dining area shall be subject to this Code and require a street work permit. Permanent structures are not allowed. 5. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet,whichever is less. 6. A valid encroachment permit is required by Section 13-219. Consistent with Section 13-219, an applicant shall be required by the permit or covenant to maintain the encroachment area free of any nuisance in fact or in law, and shall conduct activities in full compliance with all applicable federal, state, and local laws. The applicant shall also be solely responsible for operation, maintenance and repair of the encroachment area, and shall Page 5 of 8 Ordinance No. provide bonding,indemnification and maintain insurance acceptable to the City of Fresno. Applicant shall further agree the encroachment on the City of Fresno's property is a non-exclusive, revocable use. The City of Fresno, in its sale discretion, may revoke the encroachment permit upon determination by the Chief Administrative Officer, or designee, the use of any portion of the encroachment area is required for any municipal or public utility purpose, or is detrimental to or not in furtherance of the public health, safety, welfare and interest. The encroachment permit may also be revoked upon determination by the Chief Administrative Officer, or designee, the applicant has failed to comply with one or more of the terms, conditions, or restrictions of the permit and/or covenant. The revocation of an encroachment permit issued under this Section is not subject to Section 12-405(E). These terms, conditions and restrictions in the permit or covenant shall be recorded and run with the land. 7. Use of the encroachment area shall not cause the encroachment area, or adjacent property or right-of-way to become out of compliance with any applicable federal, state or local law including Chapter 11 of this Code. 8.Outdoor Dining in the encroachment area shall leave available and usable travel space as required by Subsection E(5) of this Section. G.Termination.No vested or any other property right is created by the approval of this Section or by any use, or construction of any structures, facilities, fixtures, or buildings, authorized by this Section. Should the City of Fresno repeal or amend this Section, no claim for loss of property rights or due process of any kind shall be maintained against the City of Fresno. H. Severability.If any subsection, sentence, clause, or phrase of this Section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The Council hereby declares that it would have passed this Section, and each subsection, clause or phrase thereof, regardless if anyone or more subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 2. Subsection (d) of Section 13-219 of Article 2, Chapter 13 of the Fresno Municipal Code is amended to read: (d) The Director shall revoke any encroachment permit upon determining that the applicant has failed to comply with one or more of the terms , conditions, or restrictions incorporated in the permit or the covenant and shall order the removal of all structures from the encroachment area. Page 6 of 8 Ordinance No. [This Subsection shall not apply to Subsection 12-328(F)of the Outdoor Dining Ordinance.] SECTION 3.Subsection (M)of Section 12-220.5, Article 2,Chapter 12 of the Fresno Municipal Code is repealed and reserved. SECTION 4.Subsection (M) of Section 12-231.5,Article 2,Chapter 12 of the Fresno Municipal Code is repealed and reserved. SECTION 5. Section 9-2503,Article 25,Chapter 9 of the Fresno Municipal Code is amended to read: SEC. 9-2503.DRINKING ON STREET OR PLAYGROUND. (a) No person shall drink any beer, wine or other intoxicating beverage on any street, sidewalk,pedestrian mall, alley, highway,playground,parking lot open to the general public or other lot open to the general public. (b)Subsection (a) of this section shall not be deemed to make punishable an act or acts which are prohibited by any statute of the State of California. (c)Subsection (a) of this section shall not apply to any person in an encroachment area posted pursuant to subsection (d) of this section during business hours of the permittee restaurant. (d) The operator of any restaurant which serves any beer, wine, or other intoxicating beverage for consumption in an area operated for restaurant purposes on any street, sidewalk, or pedestrian mall pursuant to an encroachment permit issued by the Council shall post and maintain signs in or adjacent to the encroachment area reasonably calculated to give notice of the limits of the area and the exception contained in subsection (c) of this section. The number, content, physical features, and locations of such signs shall be only as approved by the Police Chief. The external boundaries of any encroachment area in which intoxicating beverages may be consumed shall be clearly designated by a painted line [delineated consistent with the limits of the area depicted]in the signs. (e)Subsection (a) of this section shall only apply to a parking lot or other lot open to the general public if: (1)Pursuant to the property owner's written request, the Police Chief has determined that the lot is open to the general public, and (2) The owner or operator has posted in a conspicuous place at each entrance to the lot a notice, approved by the Police Chief, to the effect that the lot is subject to the provisions of this section. Page 7 of 8 Ordinance No. (f)Notwithstanding subsection (a) of this section, the Parks and Recreation Director r.in consultation with the Police Chief,] may authorize the consumption of alcoholic beverages during an event of limited duration held in a mall area as defined in Section 14-1801 (f) of this Code aRG conducted by an organization 'INhen the event is for the benefit of a nonprofit organization, a charitable purpose, or the city. SECTION 6.This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. **************************** STATE OF CALIFORNIA ) COUNTY OF FRESNO )55. CITY OF FRESNO ) I,YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the __day of 1 2014. AYES NOES ABSENT ABSTAIN Mayor Approval :1 2014 Mayor Approval/No Return:1 2014 Mayor Veto:,2014 Council Override ,2014 YVONNE SPENCE, CMC City Clerk BY:---------Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY:---------- SHANNON L. CHAFFIN Senior Deputy City Attorney SLC:cg[63779cg/ORD]01.16.14 Page 8 of 8 Ordinance No. Section 12-326(H)(1)of the FMC For good cause,aspecial permit aLithorizing the establishment of a restaurant,tavern or night club, may be revoked pursuant to Section 12-405-E.In addition to the examples of what constitutes IIgood cause" in Section 12-405-E,examples also include, but are not limited to: a.Frequent calls for service to the Fresno Police Department regarding on-site issues I defined as occurring more than 1.5 times the average number of such response for property of a similar size and character and as further set forth and defined in the Management of Real Property Ordinance. b. When police calls for service where Part 1 Violent Crimes, such as aggravated assault, rape,assault with a deadly weapon,attempted murder,murder or an assault on a peace officer occur twice in a rolling twelve month period. C.Failure to comply with any condition contained in the special permit. d. Not functioning as the use approved by the special permit; as a restaurant,as a tavern or as a night club. This page intentionally left blank. Section 10-708 of the FMC It is hereby declared a public nuisance and a violation of this article for the owner,whether through the owner or owners'agent, lessee,sublessor, sublessee,or occupant of any premises in the City to permit, with actual or constructive knowledge,any of the following activities to habitually occur on the real property of the owner: (a) The illegal sale, use or possession of controlled substances or other illegal drugs and substances. (b) The gathering,or coming and going, of people who have an intent to purchase or use controlled substances on the premises. (c) The occurrence of prostitution. (d)Unlawful activities of a criminal street gang (as defined in Penal Code Section 186.22). (e) The making or continuing,or causing to be made and continued,of any loud,unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood,or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing on the property or in the area. The standards set forth in Fresno Municipal Code Chapter 10, Article 1 shall be utilized in determining whether a violation of this subsection exists. (f) The unlawful discharging of a firearm or brandishing of a weapon by any person. (g) The frequent response by the Fresno Police Department to the real property or the adjacent area (but not the real property of another)as a result of any person or persons causing any combination of the following calls as indicated in the City of Fresno Police Department Incident Code Identifier: (1)Animal disturbances,including but not limited to competitive fighting between animals. (2)Violent criminal acts, charged or not,including,but not limited to rapes, assaults, battery,homicides and/or shootings. (3) Illegal consumption of intoxicants in public view. (4)Gaming activities. (5)Juvenile disturbances. "Frequent"as used in this subsection means such response is occurring more than 1.50 times than the average number of such responses for property of a similar size in character in the same "policlnq district" established by the police chief. (h) The presence of graffiti or other defacing words, letters, or drawings,trash and debris on the property for a 48 hour period. (i) The presence of abandoned vehicles or improperly stored inoperative,wrecked,or dismantled vehicles on the property,except as permitted in Article 6,Chapter 10. 0)Violations of Article 3,Chapter 11 (Housing Regulations)Article 4,Chapter 11 (Dangerous Building Ordinance),Article 5,Chapter 10 (Fire Prevention Ordinance)or Article 6,Chapter 10 (Public Nuisance Ordinance)of the Fresno Municipal Code,occurring on anyone or more properties of the same owner within the City of Fresno.(Added Ord. 98- 73,§1, eff.10-24-98). Section 14-1801 (f) of the FMC The following are mall streets: Fulton Mall-between the southeast curb line of Tuolumne Street and the northwest curb line of Inyo Street,excepting the vehicular traveled ways of Fresno Street and Tulare Street. Merced Mall-between the Fulton-Van Ness Alley and the Broadway-Fulton Alley. Mariposa Mall-between the northeast curb line of Broadway and the Broadway-Fulton Alley and between the Broadway-Fulton Alley and the southwest curb line of Van Ness Avenue. Mariposa Mall-between the northeast curb line of "011 Street and the southwest curb line of IIp"Street. Kern Mall-between the Fulton-Van Ness Alley and the Broadway-Fulton Alley and between the Broadway-Fulton Alley and 160 feet southwesterly of the Broadway-Fulton Alley. Broadway Mall-the northeast 20.00 feet of Broadway-between the northwest line of the Kern Mall, and a point 155 feet northwest of the northwest line of the Kern Mall. Broadway Mall-the northeast 20.00 feet of Broadway-between the southeast line of the Kern Mall, and a point 105 feet southeast of the southeast line of the Kern Mall. This page intentionally left blank. County of Fresno DEPARTMENT OF PUBLIC HEALTH DAVID POMAVILLE,M.B.A.,RiiE.H.S. INTERIM DIRECTOR November 8,2013 LU0017507 2602 Israel Trejo City of Fresno Development Department 2600 Fresno Street Fresno.CA 93721 Dear Mr. Trejo: PROJECT NUMBER:TA-13-006 Text Amendment Application No. TA-13-006 was initiated by the City of Fresno Development and Resource Management Department and proposes to add Section 12-328 and amend Subsection (d) of Section 13-219 of Chapter 12 of the Fresno Municipal Code (Zoning Ordinance)to allow for the expansion and use of certain outdoor dining areas,including street easement and right-of-way, without requiring a special permit. The text amendment will apply to Restaurants,Taverns, Delicatessens,Ice Cream Stores,Cafeterias,Banquet Halls.Bakeries,Micro-breweries,and other similar uses. Citywide Application The proposed text amendment should be routed to the California Alcoholic Beverage Control Department for ABC license requirements relating to outdoor serving and consumption areas. Recommended Conditions of Approval: • If facilities propose outdoor dining food/beverage preparation stations (including the addition of beverage dispensing equipment and/or remodeling of the facility),the businesses will be required to submit complete food facility plans and specifications to the Fresno County Department of Public Health.Environmental Health Division,for review and approval.Please contact the Consumer Food Protection Program at (559)600~3357 for more information. REVIEWED BY: Kevin Tsuda,R.E.H.S. Environmental Health Specialist II (559) 600-3271 Dedicated to Public Health 1221FultonMall/P.O.Box11867,Fresno,California 93ns /(559) 600-3271/FAX (SS9)600~7629 Equal Employment Opportunity.Affirmative Action •Disabled Employer www.fcdph.org This page intentionally left blank. Notice of Intent was filed with: CITY OF FRESNO NEGATIVE DECLARATION FRESNO COUNTY CLERK 2221 Kern Street Fresno,California 93721 ENVI RONMENTAL ASSESSMENT NUMBER: TA-13-006 on October 31, 2013 APPLICANT:PROJECT LOCATION: City of Fresno Citywide within the City of Fresno Development &Resource Management Dept. 2600 Fresno Street Fresno, CA 93721 PROJECT DESCRIPTION: The City of Fresno Development and Resource Management Department has initiated Text Amendment Application No.TA-13-006 (Outdoor Dining Ordinance). Text Amendment Application No.TA-13-006 proposes to allow for the expansion and use of certain outdoor dining areas, including within the street easements and rights-of-way,without requiring a special permit for certain uses. The text amendment will apply to Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries,Micro-breweries and other similar uses. Negative Declaration The City of Fresno Development and Resource Management Department has conducted an initial study of the above-described project and proposes to adopt a Negative Declaration. The environmental analysis contained in the attached Initial Study finds that the proposed project could not have a significant effect on the environment. Additional information on the proposed project including the environmental finding of a negative declaration,initial study and all documents and technical studies referenced in the initial study, as well as electronic copies of documents,may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, Third Floor-North, Room 3076, Fresno, California 93721-3604. Please contact Israel Trejo at (559)621-8044 for more information. The initial study has concluded that the proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significancetl contained in Section 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment. PREPARED BY:SUBMITTED BY: Israel Trejo,Planner ~~.SU~~Sing Planner DATE:October 31,2013 DEVELOPMENT &RESOURCE MANAGEMENT DEPARTMENT Attachments:-Notice of Intent - Initial Study (Appendix G) CITY OF FRESNO NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION PROJECTTITLE AND ENVIRONM ENTAL ASSESSMENT TA-13-0G6 Filedwith: E201310000272 PROJECT LOCATION: Citywidewithin the City of Fresno APPLICANT: City of Fresno- Development &Resource Management Dept. 2600 FresnoStreet Fresno. CA 93721 ---------------------1 FRESNO COUNTY CLERK 2221 Kftrrrt.t.no,leaD 93721 OCT 3FRE~<TY CLERK By ~%7 - "p"DEPUTY PROJECT DESCRIPTION:The City of Fresno Development and Resource Management Department has initiated Text Amendment Application No. TA-13-006 (Outdoor Dining Ordinance). Text Amendment Application No.TA-13-00B proposes to allow for the expansion and use of certain outdoor dining areas. including within the street easements and rights-of-way, without requiring a special permit for certain uses. The text amendment will apply to Restaurants. Taverns, Delicatessens. Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries, Micro- breweries and other similar uses. The City of Fresno Development and Resource Management Department has conducted an initial study of the above-described project and proposes to adopt a Negative Declaration. With the project requirements and parameters imposed, there is no substantial evidence in the record that this project may have significant.direct, indirect. or cumulative effects on the environment that are significant; therefore, this project will not require the preparation on an environmental impact report. Additional information on the proposed project, including the proposed environmental finding of a negative declaration. initial study and all documents and technical studies referenced in the initial study, as well as electronic copies of documents, may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, Third Floor-North, Room 3076, Fresno, California 93721-3604. Please contact Israel Trejo at (559) 621-8044 for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Comments may be submitted at any time between the publication date of this notice and close of business on November 20. 2013. Please direct all comments to Israel Trejo. City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Third Floor-North. Room 3076, Fresno, California, 93721-3604; or by email, IsraeI.Trejo@fresno.gov; or by facsimile, (559) 498-1026. The text amendment application and this proposed environmental finding have been tentatively scheduled to be considered by the Fresno City Planning Commission on November 20.2013.at 6:00 p.m., or thereafter, and has been tentatively scheduled before the Fresno City Council for introduction on December 5, 2013 and for consideration on December 12 1 2013"with times yet to be identified. These hearings will be held in the Fresno City Council Chamber located on the second floor at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721-3604. Your written and oral comments are welcomed at the hearings and will be considered in the final decision. E201310000272 Notice of Intentto File Negative Declaration EANo.TA·13-006 October 31 t 2013 INITIAL STUDY PREPARED BY: Israel Trejo,Planner DATE:October 31.2013 Will Tackett S pervising Planner CITY OF FR NO -DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT APPENDIX G/INITIAL STUDY Environmental Checklist Form for: EA No. TA ...13-006 1.Project title: Text Amendment Application No.TA-13-006 (Outdoor Dining Ordinance) 2.Lead agency name and address: City of Fresno Development and Resource Management Department 2600 Fresno Street Fresno, CA 93721 3.Contact person and phone number: Israel Trejo,Planner City of Fresno Development &Resource Management Dept. (559)621-8044 4.Project location: Citywide within the City of Fresno 5.Project sponsor's name and address: City of Fresno -Development &Resource Management Dept. 2600 Fresno Street Fresno, CA 93721 6.General plan designation: Not applicable 7.Zoning: Not applicable -1- 8.Description of project: The application was initiated by the Director of the Development and Resource Management Department and is a request to allow for the expansion and use of certain outdoor dining areas, including within the street easements and rights-of-way, without requiring a special permit for certain uses 9.Surrounding land uses and setting: I-Planned Land Use Existing Zoning Existing Land Use North Not applicable Not applicable Not applicable East Not applicable Not applicable Not applicable South Not applicable Not applicable Not applicable West Not applicable Not applicable Not applicable 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): City of Fresno (COF)Department of Public Works; COF Building and Safety Services Division; COF Fire and Police Department. -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the 'checklist on the following paqes, Aesthetics Agriculture and Forestry Air QualityResources Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Hazards &Hazardous Emissions Materials HydrologylWater Quality Land Use/Planning Mineral Resources Noise Population /Housing Public Services Recreation Mandatory Findings of Transporta tionlTraffic __Utilities/Service Systems Significance DETERMINATION:(To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. I find that the proposed project is a subsequent project identified in the MEIR and Air Quality MND but that it is not fully within the scope of the MEIR and Air Quality MND because the proposed project could have a significant effect on the environment that was not examined in the MEIR or Air Quality MND. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Monitoring Checklist will be imposed upon the proposed project.A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project is a subsequent project identified in the MEIR but that it MAY have a significant effect on the environment that was not examined in the MEIR or Air Quality MND, and an ENVIRONMENTAL IMPACT REPORT is required to analyze the potentially significant effects not examined in the MEIR or Air Quality MND pursuant to Public Resources Code Section 21157.1(d)and CEQA Guidelines 15178(a). -3- x A ~;r Signiture EVALUATION OF ENVIRONMENTAL IMPACTS: October 31, 2013 Date 1. A brief explanation is required for all answers except "No lrnpact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A IINo lrnpact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A IINo Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g" the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2.All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3.Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant."Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant.If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. A "Flndinq of Conformity"is a determination based on an initial study that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR and Air Quality MND because it would have no additional significant effects that were not examined in the MEIR or the Air Quality MND. 5."Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII,"Earlier Analyses,II may be cross-referenced). 6.Earlier analyses may be used where,pursuant to the tiering, program EIR or MIER, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).In this case, a brief discussion should -4- identify the following: a.Earlier Analysis Used.Identify and state where they are available for review. b.frnpacts Adequately Addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in the MEIR or another earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c.Mitigation Measures.For effects that are "Less than Significant with Mitigation Measures tncorporated."describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.q.,general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8.Supporting Information Sources:A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 9.This is only a suggested form I and lead agencies are free to use different formats; however,lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 10.The explanation of each issue should identify: a. The significance criteria or threshold,if any, used to evaluate each question;and b. The mitigation measure identified,if any, to reduce the impact to less than significance Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporate d I.AESTHETICS -- Would the project: -5- ENVIRONMENTAL ISSUES a) Have a substantial adverse effect on a scenic vista? b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x x The proposed project will have no impact on a scenic vista because any structure that may be built will of relatively low height. Any proposed project will not be performing any work within a state scenic highway, therefore, the project will not substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway. The project will allow for development consistent with the predominant development in the existing area, therefore it will not substantially degrade the existing visual character or quality of the site and its surroundings. Furthermore, development of a potential project will not create a new source of substantial light or glare which would affect day or night time views in a project area, given that the project will only have lights consistent with other locations in the area. -6- ENVIRONMENTAL ISSUES II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. -- Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non- forest use? Potentially Significant Impact -7- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpact Mitigation Impact Incorporated e) Involve other changes in the existing environment which, due to their location or nature, could result x in conversion of Farmland, to non- agricultural use? The proposed project does not apply to farmland and, as such, the potential projects will not conflict with existing zoning or a Williamson Act contract. Potential project sites will be zoned for commercial uses, therefore it will not conflict with existing zoning for, or cause rezoning of, forest land or timberland. Potential project sites will be zoned for commercial uses, therefore a potential project will not result in the loss or conversion of forest land. The project will allow for the development of patios at existing locations, therefore the project will not result in the conversion of farmland to a non-agricultural use. ENVIRONMENTAL ISSUES III. AIR QUALITY AND GLOBAL CLIMATE CHANGE -(Where available I the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.)- Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Impact -8- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x ENVIRONMENTAL ISSUES c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors )? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x The proposed project will comply with the Resource Conservation Element (regarding Air Quality) of the 2025 Fresno General Plan and the Goals, Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments, therefore the project will not conflict with or obstruct an applicable air quality plan. The project must comply with the construction and development requirements of the San Joaquin Valley Air Pollution Control District, therefore, no violations of air quality standards will occur. The project will not occur at a scale or scope to have potential to contribute substantially to existing or projected air quality violation. Additionally, the project will not occur at a scale or scope which will result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment. The proposed project is not proposed at a scale or scope which would be expected to generate substantial pollutant concentrations, therefore there will be no exposure to sensitive receptors. The project is proposing to allow for small patio areas at existing commercial locations, therefore it is not expected to create objectionable odors affecting a substantial number of people. -9- ENVIRONMENTAL ISSUES IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies. or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Potentially Significant Impact -10- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x Less Than .Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigation Impact Incorporated e)Conflict with any local policies or ordinances protecting biological X resources,such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional,or state habitat conservation plan? The proposed project would allow for patios at existing commercial locations, therefore the proposed project would not directly affect any sensitive, special status, or candidate species, nor would it modify any habitat that supports them. At existing commercial locations, there will be no riparian habitat or any other sensitive natural community identified in the vicinity of the proposed project by the California Department of Fish and Game or the US Fish and Wildlife Service. No federally protected wetlands will be located at existing commercial locations. Therefore, there would be no impacts to species, riparian habitat or other sensitive communities and wetlands. Potential commercial sites will not be located within a native resident or migratory fish area, therefore it will not impede on their movement. Proposed project sites will not contain a native wildlife nursery site. No local policies, habitat conservation plan, regarding biological resources are applicable to potential project sites and there would be no impacts with regard to those plans. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpactMitigation Impact Incorporated v.CULTURAL RESOURCES -- Would the project: -11- ENVIRONMENTAL ISSUES a) Cause a substantial adverse change in the significance of a historical resource as defined in 115064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x The project proposes a patio use at existing commercial locations, therefore it is not expected to cause a substantial adverse change in the significance of a historical resource. The project is proposing a commercial use at existing locations therefore it will not cause a substantial change in the significance of an archaeological resource. The project is proposing a commercial use at existing locations, therefore it will not destroy a unique paleontological resource or geologic feature. The project does not have the potential to disturb human remains as the use will be at existing commercial locations. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpact Mitigation Impact Incorporated VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects,X including the risk of loss, injury, or death involving: -12- ENVIRONMENTAL ISSUES i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? iv)Landslides? b)Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on- or off-site landslide,lateral spreading, subsidence,liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-8 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Significant Impact -13- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x x x x x Fresno has no known active earthquake faults, and is not in any Alquist-Priolo Special Studies Zones. The proposed use will be at existing commercial locations, therefore there are no known geologic hazards or unstable soil conditions known to exist on potential sites. Potential project sites will not be located within an area that has strong seismic ground shaking, liquefaction or landslides. The project is a proposing a patio use at existing commercial locations, therefore there is not expected to be substantial soil erosion or the loss of topsoil. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District (FMFCD) Standards, therefore the project is not expected to be unstable, be located on expansive soil. All new structures are required to conform to current seismic protection standards in the California Building Code. Septic tanks or alternative waste water disposal systems will not be a part of the project. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated VII. GREENHOUSE GAS EMISSIONS --Would the project: a)Generate greenhouse gas emissions, either directly or indirectly,xthat may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the xpurpose of reducing the emissions of greenhouse gases? The project is not proposed at a scale or scope which could either directly or indirectly have a significant impact on the environment. The proposed project will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. -14- ENVIRONMENTAL ISSUES VIII.HAZARDS AND HAZARDOUS MATERIAL --Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan Of,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially ~~;~ifTc~~~Less Than Significant with Mitigation Significant Impact Incorporated Impact -15- No Impact x x x x x x ENVIRONMENTAL ISSUES g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? P t r II Less Than Less Thano en ra y Significant Significant with Mitigation Significant Impact Incorporated Impact x No Impact X The proposed project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, because said project does not involve the use of hazardous materials; additionally, as such, there is no significant hazard to the public or the environment through an accident. The project proposes to allow for patios at existing commercial locations, therefore it is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The use will not be allowed at hazardous materials sites. Potential project areas may be located within an airport land use plan or vicinity of a private airstrip, however, only minor structures may be built, as such, the project would not result in a safety hazard for people residing or working in a project area. The project will also be reviewed by the Airport Land Use Commission (ALUC). Recommendations of the ALUC will be given to the City Council prior to approval of the text amendment. Potential projects must comply with the Building Code requirements for emergency access points, therefore it will not interfere will an emergency evacuation plan. Potential project areas will not located near wildland areas, therefore the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated IX.HYDROLOGY AND WATER QUALITY --Would the project: -16- ENVIRONMENTAL ISSUES a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river. or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Potentially Significant Impact -17- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x x x ENVIRONMENTAllSSUES f)Otherwise substantially degrade water quality? g) Place housing within a 1aD-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i)Expose people or structures to a significant risk of loss, injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? Potentially Significant Impact Less Than Significant with Mitigation lncorporated Less Than No Significant Impact Impact x x x x x The project is not proposed at a scale or scope which would violate water quality standards or waste discharge requirements.The project is not proposed at a scale or scope which would substantially deplete groundwater supplies and will not be located in areas of groundwater recharge. The project is not proposed at a scale or scope which would substantially alter the existing drainage of an area; there will be no streams or rivers in proposed project areas.Any paving of property will require compliance with grading and drainage standards of the City of Fresno and FMFCD,therefore it is not expected to create runoff water exceeding capacity. The project is proposing a patio area at existing commercial locations and is therefore,not expected to substantially degrade water quality. The project does not propose housing and will not be located within a flood prone or hazard area.Additionally,proposed project areas will not located in an area subject to inundation by seiche,tsunami or mudflow. -18- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? x b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal proqrarn, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? x c) Conflict with any applicable habitat conservation plan or natural community conservation plan? x The project is not a scale or scope to be able to divide an established community. Any potential projects will be required to comply zoning regulations therefore it will not conflict with any land use plan or policy. The project proposes to allow for the development of patios at existing commercial locations, therefore it will not conflict with r Iany conserva Ion pans. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpact Mitigation Impact Incorporated XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state? -19- Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated b) Result in the loss of availability of a locally-important mineral resource Xrecovery site delineated on a local general plan, specific plan or other land use plan? Proposed project areas will not located in areas designated for mineral resource preservation or recovery. ENVIRONMENTAL ISSUES XII. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact -20- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact X x x x Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? The project will be required to comply with the Noise Ordinance of the Fresno Municipal Code. Therefore, it will not expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance. Should an operator propose outdoor dining after 10:00 p.m., and within 500 feet of property planned for residential uses (excluding mixed use), an approved acoustical analysis must be provided. The project proposes to allow for small outdoor dining areas and, therefore, is not expected to expose persons to or generate of excessive groundborne vibration or groundborne noise levels. Patios are of temporary use in nature, and, therefore, not expected to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Potential projects will be required to comply with the Noise Ordinance of the Fresno Municipal Code and, therefore, are not expected to expose people residing or working in an airport land use plan (or within the vicinity of a private airstrip) to excessive noise levels. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpact Mitigation Impact Incorporated XIII. POPULATION AND HOUSING - - Would the project: -21- ENVIRONMENTAL ISSUES a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x Although the project will be intensifying the use of the site, development may occur at an intensity and scale that is permitted by the planned land use designation and zone district classification for the site. Potential projects will not displace any housing or people. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated XIV. PUBLIC SERVICES -- -22- Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpactMitigationImpact Incorporated a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmentaI facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Drainage and flood control? X Parks?X Schools?X Other public services? X The project is not proposed at a scale or scope to creaste substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated XV.RECREATION-- -23- ENVIRONMENTAL ISSUES a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x The project is proposed at a size and scope which is not expected to result in the substantial physical deterioration of existing parks or recreational facilities. The project does not propose recreational facilities at a scale or scope which might have an adverse physical effect on the environment. ENVIRONMENTAL ISSUES XVI.TRANSPORTATIONITRAFFIC - - Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? P t u 1\Less Than Less Thano en la y Significant No Significant with Mitigation Significant Impact Impact Incorporated Impact x -24- ENVIRONMENTAL ISSUES b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures or.other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? P t to II Less Than Less Thano en ra y Significant No Significant with Mitigation Significant Impact Impact Incorporated Impact x x x x x The proposed project will not conflict with a plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit.since it is only proposing to allow small patios at existing commercial locations. Additionally, the project will not conflict with any congestion management program, since the project proposes to allow small patios adjacent to existing commercial locations. The project is not at a scale or scope to change air traffic patterns. Any proposed patios must comply with the requirements of the Fresno Municipal Code, therefore it will not increase -25- hazards due to design features. Any proposes patios must comply with the building and fire code, therefore there will not be inadequate emergency access. The project will not conflict with adopted policies or plans regarding public transit, bicycle or pedestrian facilities because adequate pedestrian facilities must be maintained. ENVIRONMENTAL ISSUES XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less ThanPotentially Less Than No Significant Significant Significant Impact with Mitigation Impact Impact Incorporated x x x x x -26- Potentially Less Than Less ThanSignificant NoENVIRONMENTALISSUESSignificantSignificant Impact with Mitigation Impact Impact Incorporated ......... landfillf) Be served by a with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g) Comply with federal, state, and Xlocal statutes and regulations related to solid waste? The project is not proposed at a scale or scope to exceed wastewater treatment requirements of the Regional Water Quality Control Board; additionally, the project is proposed at a size and scope which will not require new water or wastewater treatment facilities. Potential projects will not require the construction of new storm water drainage facilities. The project is proposed at a scale and scope which will not require new entitlements for water. The project is proposed at a scale and scope which can be served by existing wastewater capacity. No additional landfill capacity will be needed to serve the relatively minor projects. All existing commercial sites and project areas must comply with federal, state, and local statutes and regulations related to solid waste. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpact Mitigation Impact Incorporated XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- -27- ENVIRONMENTAL ISSUES a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x The proposed project is considered to be proposed at a size and scope which is neither a direct or indirect detriment to the quality of the environment through reductions in habitat, populations, or examples of local history (through either individual or cumulative impacts). The proposed project does not have the potential to degrade the quality of the environment or reduce the habitat of wildlife species and will not threaten plant communities or endanger any floral or faunal species. Furthermore the project has no potential to eliminate important examples of major periods in history. Therefore, as noted in preceding sections of this Initial Study, there is no evidence in the record to indicate that incremental environmental impacts facilitated by this project would be -28- cumulatively significant. There is also no evidence in the record that the proposed project would have any adverse impacts directly, or indirectly, on human beings. -29- Council District 1 Plan Implementation Committee, on November 5, 2013, recommended approval of the proposed text amendment. Council District 2 Plan Implementation Committee, on January 27,2014,recommended approval of the proposed text amendment. Council District 3 Plan Implementation Committee, on November 4, 2013, recommended approval of the proposed text amendment. Council District 4 Plan Implementation Committee, on January 27, 2014, recommended approval of the proposed text amendment. Council District 5 Plan Implementation Committee. on January 27, 2014, recommended approval of the proposed text amendment. The Committee recommended that barriers (i.e. fencing) be required for those the patios that serve alcohol. Staff response: a business operator will have to submit an operational statement approved by the Police Department. The operator will have to provide an exhibit depicting the alcohol consumption areas and must also provide continuous supervision at said area. Council District 6 Plan Implementation Committee, on February 5, 2014, recommended denial of the proposed text amendment. The reasons for recommending denial were: the Committee wants to review outdoor dining applications but will not be able to with an over-the-counter application and would require significant resources to monitor bad operators. Council District 7 Plan Implementation Committee, there is no Committee at this time. Fulton-Lowell Committee, on February 3,2014,recommended approval of the proposed text amendment. The Committee recommended that smoking be addressed in the text amendment and clarify whether a patio would be allowed to be constructed within a trail. Staff response: staff did not include in the proposed text amendment the prohibition of smoking within patios on private and public property. Additionally, a patio is not allowed to be constructed within a trail as per the requirements of the text amendment. Tower District Advisory Committee, on February 7, 2014, reviewed the project and provided recommendations, including, the Committee would like to retain review authority of proposed patios. There was no quorum, therefore, there was no vote on the project. FRESNO CITY PLANNING COMMISSION RESOLUTION NO.13266 The Fresno City Planning Commission at its regular meeting on January 29,2014,adopted the following-resolution pursuant to Section 12-402 of the Municipal Code of the City of Fresno. WHEREAS,the intent and purpose of Text Amendment Application No.TA-13-006 is to allow for the expansion and use of outdoor dining areas,including within street easements and rights-of-way (Le.sidewalks),without requiring a special permit for certain uses;and WHEREAS,on October 22,2013,the Development and Resource Management Department Director,initiated proceedings to consider amending the text of the Zoning Ordinance,pursuant to the provisions of Section 12-402-A of the Fresno Municipal Code (FMC);and,. WHEREAS,Text Amendment Application No.TA-13-006 proposes to add Section 12-328,repeal and reserve Subsection (M)of Sections 12-220.5 and 12-231.5,amend Subsection (d) of Section 13-219,and amend Section 9-2503 of the FMC; and., WHEREAS,the Planning Commission's scheduled January 29,2014,hearing on Text Amendment Application No.TA-13-006 was daly noticed by publication in the Fresno Bee on October 31, 2013, the newspaper of greatest local circulation;and WHEREAS,on November 20, 2013,the Fresno Planning Commission continued the hearing to consider Text Amendment Application No.TA-13-006;and, WHEREAS,on December 18,2013,the Fresno Planning Commission continued the hearing to consider Text Amendment Application No.TA-13-006;and, WHEREAS,on January 29,2014,the Fresno Planning Commission conducted a public hearing to consider Text Amendment Application No.TA-13-006;and, WHEREAS,on January 29,2014 the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested text amendment;and, WHEREAS,the Commission discussed the issue of whether smoking should be allowed within patios on private and public property;and, WHEREAS,no one spoke in opposition to the proposed text amendment;and, NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission finds that there is no substantial evidence in the record to indicate that the proposed text amendment application may have a significant effect on the environment and recommends the City Council approve the Negative Declaration prepared for Environmental Assessment No.TA-13-006,dated October 31, 2013. Planning Commission Resolution No. 13266 Text Amendment Application No.TA-13-006 January 29,2014 Page 2 BE IT FURTHER RESOLVED that the Fresno City PlanninqComrnission hereby recommends to the City Council that Text Amendment Application No.TA-13-006,proposing to add Section 12-328, repeal and reserve Subsection (M) of Sections 12-220.5 and 12-231.5,amend Subsection (d) of Section 13-219,and amend Section 9-2503 of the FMC be approved,with the following addition to Section 12-328: 1.12..328.E.11:Smoking shall be prohibited within patios on private property and on street easements or right-of-way. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Torrosian,seconded by Commissioner Hansen-Smith. VOTING:Ayes - Noes - Not Voting - Absent - DATED:January 29, 2014 Torrosian (vice chair),Hansen-Smith,Medina, Reed,Vasquez, Holt (chair) None None None Resolution No.13266 Text Amendment Application No.TA-13-006 Filed by Development and Resource Management Department Action:Recommend Approval Date Adopted: Page 1 of 10 Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ______ ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, REPEALING SECTION 12-328 OF THE FRESNO MUNICIPAL CODE AND ADDING ARTICLE 22 OF CHAPTER 12 TO THE FRESNO MUNICIPAL CODE RELATING TO OUTDOOR DINING THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12-328 of Article 3, Chapter 12 of the Fresno Municipal Code is repealed. SECTION 2. Article 22 is added to Chapter 12 of the Fresno Municipal Code to read: ARTICLE 22 OUTDOOR DINING Section 12-2201. Title. 12-2202. Purpose. 12-2203. Definitions. 12-2204. Applicability. 12-2205. General Requirements for Outdoor Dining Areas. 12-2206. Use of City Right-Of-Way. 12-2207. Termination. 12-2208. Severability. SEC. 12-2201. TITLE. This Section shall be known as the “Outdoor Dining Ordinance.” SEC. 12-2202. PURPOSE. The purpose of this Section is to allow for the expansion and use of certain outdoor dining areas, without requiring a special permit, to promote business, revitalization, and public safety. SEC. 12-2203. DEFINITIONS. For the purpose of this Section, “Outdoor Dining” shall refer to a delineated area, including patios, sidewalks, and similar areas, located outside of and adjacent to a building used for serving and consuming food and beverages, a portion of which must be within 20 feet of said building. “Encroachment Page 2 of 10 Area” shall refer to that portion of City of Fresno right-of-way where Outdoor Dining is permitted. “Outdoor Dining Operator” shall mean the operator of a business wishing to engage in Outdoor Dining, whether operator is the property owner, tenant, lessee, or other legal occupant of the business location. SEC. 12-2204. APPLICABILITY. This Section shall apply to Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Halls, Bakeries, Micro- breweries and similar uses. SEC. 12-2205. GENERAL REQUIREMENTS FOR OUTDOOR DINING AREAS. (a)No site plan, conditional use permit, or amendment to an existing special permit is required for expansion into an Outdoor Dining area if the proposed use is authorized for any portion of the applicant’s property, and Outdoor Dining use is not expressly prohibited by a condition of an existing special permit, approved parcel or tract map, or zoning action. (b)Use of the Outdoor Dining area shall be subject to the same hours of operation and conditions as the existing authorized use for the property. The Chief Administrative Officer is authorized to further restrict the hours of or days of operation, locations of operation, or restrict use during special events, construction activities, or circumstances as he deems necessary or appropriate. (c)No updated or additional safety or security plan is required. Page 3 of 10 (d)Multiple Outdoor Dining areas may be used. The total Outdoor Dining area associated with each establishment is limited to 49 persons or 749 square feet, whichever is less. Additional Outdoor Dining Area up to 3,000 square feet may be approved with a special permit. (e)The Outdoor Dining area must maintain and allow for at least four feet of available and usable travel space for all walkways, sidewalks, entrances and exits. The Outdoor Dining area must not obstruct direct access or egress from any entrance or exit. A 10 foot visibility triangle must be maintained at all streets, driveways, and vehicular entrances. An Outdoor Dining area adjacent to a roadway or vehicular travel area must be located at least six feet from the edge of the curb. (f)No additional parking is required when the Outdoor Dining area is less than 749 square feet. (g)The acoustical analysis requirements of Section 12- 326(F)(7) are not applicable to Outdoor Dining if the total Outdoor Dining area is less than 749 square feet and is limited to 49 persons or less. Use of the Outdoor Dining area shall comply with the Noise Ordinance per Article 1 of Chapter 10. (h)Barriers around Outdoor Dining areas are not required, but movable temporary barriers are allowed subject to this Code if not more than four feet in height and maintain at least fifty percent transparency to the outdoor elements. Temporary barriers cannot block or enclose existing ingress or egress to a structure absent prior authorization from the Page 4 of 10 Building Official or designee, and all temporary barriers must have at least one direct exit made by either providing a gap in the temporary barrier, or with a gate swinging in the direction of egress, but not into the travel area, equipped with panic hardware. (i)Allowed furnishings may include tables, chairs, umbrellas, landscape pots, wait stations, planters, benches, waste receptacles, and similar items that help to define pedestrian and other use of the outdoor dining areas. Materials must be of wood, metal, stone, terra cotta, cast stone, hand-sculpted concrete, a solid surfacing material, or recycled plastic. Plastic resin furnishings are prohibited unless made of commercial-grade materials; chain link fencing is prohibited. No signs shall be affixed to or supported by the furnishings or fixtures except as authorized by the Sign Ordinance. Permanent lighting, heating, or cooling fixtures may be allowed with a building permit consistent with Chapter 11 (Building Permits and Regulations). Individual table umbrellas may be used. If any heating devices are used, other coverings, canopies, tents or similar items are prohibited except with a building permit and subject to approval by the Fire Department. (j)If a qualifying Outdoor Dining area is proposed to be used after 10:00 p.m. and is located within 500 feet of property planned residential uses, excluding any portion that is planned residential mixed uses, an acoustical analysis with a diagram of the Outdoor Dining area must be conducted to ensure compatibility with the Noise Ordinance. If an Page 5 of 10 acoustical analysis shows compatibility, the Outdoor Dining area can be used after 10:00 p.m. for such time as the consumption of food and beverages is otherwise authorized for the property if consistent with the assumptions in the analysis to ensure compatibility. A copy of the acoustical analysis must be submitted to the Director, kept on the premises associated with the Outdoor Dining area, and promptly made available for inspection upon request by any person. Any expansion of the Outdoor Dining area will require an updated acoustical analysis before it can be used after 10:00 p.m. If the acoustical analysis does not show compatibility, use of the Outdoor Dining area can be used after 10:00 p.m. upon approval of a valid conditional use permit for the extended use. This Section does not authorize use of the Outdoor Dining area after 10:00 p.m. if the acoustical analysis does not show compatibility with the Noise Ordinance. (k)This Ordinance does not authorize anyone to commit a trespass or taking of another’s property or otherwise impair the property rights of another property owner or occupant. (l)This Ordinance does not authorize the use of any property by mobile vendors. (m)Outdoor Dining shall otherwise comply with all applicable federal, state or local laws, including Chapter 11 of this Code. In addition to any other remedies authorized by law, including citation, the city may revoke the approval following the process set forth in Section 12-405(E). Page 6 of 10 SEC. 12-2206. USE OF CITY OF RIGHT-OF-WAY. Use of city street easement or right-of-way for Outdoor Dining purposes is allowed without obtaining any permit or encroachment agreement, subject to the following requirements in addition to those found in Section 12-2205, except as noted: (a)Outdoor Dining shall be allowed on a first come basis in an Encroachment Area upon paved city right-of-way in an area immediately adjacent to a building in which Outdoor Dining is otherwise permitted by the legal occupant of that building. If two or more persons desire to use the same Outdoor Dining Encroachment Area, the Chief Administrative Officer may allocate the available area to each as he deems appropriate. (b)Outdoor Dining is not allowed in the following areas: any area designated for vehicular traffic, bicycle traffic, or parking, or any area within four feet of such an area; within ten feet of a fire hydrant; in any area that does not allow free and adequate pedestrian access and movement, including ingress and egress to and from a building or parking facility; in any area between the street and another business or residential use; in any area that would block or hinder access to any street light or traffic signal equipment, irrigation controllers, pull boxes or utility vaults; upon any unimproved surface; or any area specifically restricted or prohibited for such a use by the Chief Administrative Officer or designee. (c)No rent or fees shall be charged for use of the Encroachment Area. Page 7 of 10 (d)No additional parking shall be required for use of the Encroachment Area for Outdoor Dining; the parking requirements of Section 12-2205 are not applicable to this Section 12-2206. (e)No updated safety or security plan is required for use of the Encroachment Area, unless such a requirement is imposed by the Chief Administrative Office in response to the particular circumstances of the location. (f)Permanently attached structures, facilities, fixtures or buildings are not allowed in the Encroachment Area without appropriate building or other permits, including an encroachment permit required by Section 13-219. (g)The Encroachment Area shall remain free of any nuisance, and shall remain in full compliance with all applicable federal, state, and local laws. The Outdoor Dining Operator shall also be solely responsible for operation, maintenance and repair of the Encroachment Area, subject to direction by the city. The encroachment on the city’s right-of-way is a non-exclusive, revocable use. The Chief Administrative Officer or designee in his absolute and sole discretion, with or without prior notice, may revoke, condition, or require modification of the use upon determination that any portion of the Encroachment Area is required for any municipal or public utility purpose, or is detrimental to the public health, safety, welfare, aesthetic appeal, and interest. Failure to follow the direction of the Chief Administrative Officer, or his designee, concerning Page 8 of 10 the use of an Outdoor Dining Encroachment Area, including modification, conditions, or revocation of such uses, shall constitute a public nuisance, punishable as a misdemeanor under the Fresno Municipal Code and/or subject to civil enforcement by the City Attorney, including injunction and/or claims for monetary damages, costs, and attorney’s fees, and a lien upon adjacent real property for such unpaid amounts. City staff is also authorized to remedy violations by removal, without liability for the loss of use of the property, of any personal property remaining in or upon any city property or right-of-way, and in such event, the Outdoor Dining Operator shall be responsible to the city for the city’s costs to remedy or abate the violations. (h)Use of the Encroachment Area shall not cause the Encroachment Area, or adjacent property or right-of-way to become out of compliance with any applicable federal, state or local law including Chapter 11 of the Code. (i)The Outdoor Dining Operator shall remain solely responsible for any harm caused by use of the Encroachment Area, including, but not limited to, personal injury, property damage, or civil rights claims, and by use of the Encroachment Area agrees to fully indemnify, defend and hold harmless the city and its agents from any and all claims of any kind resulting from use of the Encroachment Area. The Outdoor Dining Operator waives and shall not maintain any claim of any kind against the city or its agents concerning use of an Encroachment Area. Page 9 of 10 SEC. 12-2207. TERMINATION. No vested or any other property right is created by the approval of this Article or by any use, or construction of any structures, facilities, fixtures, or buildings, authorized by this Article. Should the city repeal or amend this Article, or should the allowed use of an Encroachment Area be revoked, conditioned, or modified, no claim for loss of property rights or due process of any kind shall be maintained against the city or its agents. SEC. 12-2208. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The Council hereby declares that it would have passed this Article, and each section, subsection, clause or phrase thereof, regardless if any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. / / / / / / / / / Page 10 of 10 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval :, 2014 Mayor Approval/No Return: , 2014 Mayor Veto:, 2014 Council Override , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Katherine B. Doerr [Date] Supervising Deputy KBD:elb [65250elb/kbd] Ord 071814 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-209 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division SUBJECT Approve an Agreement with VSCE in the amount of $2,199,691 for the construction management services on the City of Fresno Bus Rapid Transit Project (BRT) RECOMMENDATION Staff is recommending that the City Council approve the Consultant Agreement with VSCE in the amount of $2,199,691 for the construction management services on the City of Fresno BRT and allow the Public Works Director or his designee to sign on behalf of the City. EXECUTIVE SUMMARY The BRT construction documents are currently at the 60%stage and almost ready for plan review. Staff wishes to have the Construction Management firm perform a constructability review on the plans and specifications during the 60%and 90%review.This will allow the construction management firm to have input on the final design and develop a better final product.VSCE will also be responsible for the day to day inspection of the BRT Project. BACKGROUND Fresno Area Express (FAX)was awarded a Federal Transit Administration (FTA)grant for the development and construction of the Blackstone/Ventura/Kings Canyon BRT Line.This project will consist of replacing the FAX routes 28 and 30 with express service that would occur at a frequency of 10-minute headways during peak periods and 15-minute headways during midday periods.In addition,these new routes will have fifty-one state-of-the-art bus stations along the route which will include shelters,ticket vending machines,security technologies,real-time arrival signage,information kiosks and bike racks. On June 28,2012,Council awarded a contract to Kimley-Horn and Associates for the preparation of City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-209 Agenda Date:8/28/2014 Agenda #: construction documents for the Blackstone/Ventura/Kings Canyon BRT Line. On May 22,2014,Council awarded a contract to Provost and Pritchard for the plan check services on the construction documents for the BRT project. On September 9,2013,per Administrative Order 6-19,staff mailed out and posted on the City’s website,a notice requesting an RFQ from construction management firms for the daily inspection on the City of Fresno BRT project. This contract provides for preconstruction activities such as constructability reviews at the 90%and 100%plan stage,assistance with the bidding and procurement of a contractor,establishing project procedures and controls during construction and assisting with the kick off meeting with the contractor.During construction,this contract will provide for the construction documentation, scheduling,change orders,safety programs,material testing and the day to day inspection of the project. Although City Construction Management staff could perform this work at approximately the same cost,the FTA funding for the project will not pay for the City’s overhead cost.This is due to the fact that the City of Fresno does not currently have an approved Federal Cost Allocation Plan. On October 10,2013,staff had received four Statement of Qualifications and on January 7,2014, staff interviewed all four of the submitting consultants.The firm VSCE was chosen as the most qualified firm. The consultant agreement has been approved as to form the City Attorney’s Office. Staff is recommending that the City Council approve the Consultant Agreement with VSCE in the amount of $2,199,691 for the construction management services on the City of Fresno BRT and allow the Public Works Director or his designee to sign on behalf of the City. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the award of this contract does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is inapplicable because federal funding will be used on the project. FISCAL IMPACT This project is to be funded by the Federal Transportation Authority grant for the design and construction of the BRT. There will be no impact to the General Fund. Attachment:BRT Consultant Agreement City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-209 Agenda Date:8/28/2014 Agenda #: City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the , day of , 2014, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "C|TY"), and VSCE, a California Corporation (hereinafter referred to as "CONSULTANT"). CITY desires to obtain professional services and CONSULTANT is capable, legally qualified and willing to furnish said services. THE PARTIES THEREFORE AGREE as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the Scope of Services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Aqreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and etfect through the earlier of complete rendition of the services hereunder or March 17 , 2017 , subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY'S issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a professional and expeditious manner. 3. Compensation. (a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $2,199,691.92 payable on such terms and in such amounts as set forth in the Schedule of Fees in EXHIBIT A. Such fees include all expenses incurred by CONSULTANT in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT'S compensation. Any change in the scope of services must be in compliance with all Federal Transit Administration ("FTA") procurement guidelines, and be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. ut Ht VSCE Construction Mgmt BRT -1- 4. Termination. Remedies and Force Majeure. (a) This Agreement may be terminated in accordance with this Section 4(a) as follows:(i) This Agreement shall terminate upon the earlier of: (A) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT and such petition is not dismissed within thirty (30) days; (B) CONSULTANT'S receipt of written notice from CITY of ClTy'S non- appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement; or (C) expiration of this Agreement pursuant to Section 2 above.(ii) City may terminate this Agreement upon seven (7) calendar days' prior written notice to CoNSULTANT with or without cause; provided that if termination is for cause, CITY shall specify in detail the alleged failure of CONSULTANT to meet its obligations hereunder ("Default") and CONSULTANT shall have seven (7) calendar days to cure such Default. Any termination by CITY without specifying an alleged Default and affording CONSULTANT the opportunity to cure such Default shall be deemed a termination by CITY without cause.(i¡i) CONSULTANT may terminate this Agreement at its discretion following clrY's failure to perform any of its obligations under this Agreement if such failure continues for thirty (30) days after written notice of the failure from CONSULTANT to CITY. (b) Upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) immediately return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior,to the effective date of termination. (c) ln no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct damages for the breach of the Agreement. lf it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon written request of City's Director of Public Works ("Director"), in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of VSCE Construct¡on Mgmt BRT _2- common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. (g) CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY'S option, be joined and consolidated with any other dispute or disputes arising from or relating to the services provided hereunder so that all disputes arising from or relating to the services provided hereunder may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. (h) Any notice of termination from CITY sent to CONSULTANT pursuant to Section 4(a) shall include the reason(s) for such termination or state that it is without cause. (i) FTA Protest Notification: CONSULTANT is hereby notified that this contract is funded in whole or in part by the Federal Department of Transportation, the Federal Transit Administration (FTA) may entertain a protest that alleges that the CITY failed to have or follow written protest procedures. CONSULTANT must file a protest with the FTA not later than five (5) days after the CITY renders a final decision or five (5) days after the CONSULTANT knows or has reason to know that the CITY has failed to render a final decision. Protests to the FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated). lf a protest has been filed with the FTA, the CITY will not make an award of contract unless the CITY determines that: (1) the items to be procured are urgently required; (2)delivery of performance will be unduly delayed by failure to make the award promptly; or (3) failure to make prompt award will otherwise cause undue harm to the CITY or the Federal Government. 0) Each party hereby waives any claim against the other party for, and each party hereby agrees that neither party be liable for, any special, indirect, incidental, exemplary or consequential damages. 5. Confidential lnformation. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential lnformation. The term Confidential lnformation for the purposes of this Agreement shall include all proprietary and confidential information of ClTy, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential lnformation shall be and remain confidential and proprietary in CITY. i. Permission granted to CONSULTANT to disclose information on one occasion shall not authorize OONSULTANT to further disclose such VSCE Construction Mgmt BRT -3- information or any other information or disseminate the same on any other occasion.ii. CONSULTANT shall not comment publicly to the press or any other media regarding the Agreement or clrY's actions on the same, except to CITY'S personnel or CONSULTANT'S personnel involved in the performance of this Agreement at public hearings or in response to questions from a Legislative committee. i¡i. CONSULTANT shall not issue any news releases or any public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by CITY and receipt of CITY'S written permission. (b) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (c) This Section 5 shall suruive expiration or termination of this Agreement. 6. Licenses. lt is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its employees and subcontractors, if any, are skilled and properly licensed by the State of California to perform in accordance with the standards necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors, Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said standards. 7. lndemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, CONSULTANT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. CONSULTANT's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are aCtively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the sole negligence or willful misconduct of CITY or any of its officers, otficials, employees, agents or volunteers, except when such officers, officials, employees, agents or volunteers are under the direct supervision and control of CONSULTANT. lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. lnsurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in fullforce and effect all insurance as required in Exhibit B, which is incorporated into VSCE Construction Mgmt BRT -4- and part of this Agreement, with an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the State of California and rated no less than "A-Vll" in the Best's lnsurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, offîcials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) lf at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using lnsurance Service Office (lSO) Form CG 20 1011 85 or both CG 20 101001 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 1011 85. 9. Conflict of lnterest and Non-Solicitation. (a) Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. VSCE Construction Mgmt BRT _5_ (b) CONSULTANT shall comply, and require its subcontractors to comply,with all applicable (i) professional canons and requirements governing avoidance' ófimpermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., theCalifornia Political_ R"lo* Act (California Government Code Section 87100 et. seq.j,' theregulations of the Fair Political Practices Commission concerning disclosure and disqualiiióation(2 California Code of Regulations Section 18700 et, seq.) aná Section 4-112 of ine Fresno Iylgnigipal Code (lneligibility to Compete). At any time, upon written request of CtTy, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractoi that, after a due diligent inquiry, CONSULTANT and the respective subcontracio(s) are in fullcompliance with aJl laws and regulations. CONSULTANT shall take, and' require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interesi. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shallimmediately notify CITY of these facts in writing. (c) .. ln performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either iéemployed by CITY or is a member of any CITY council,-commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no aciual or potential conflict is involved. pay any :ffili:::Li;!:.iil"il''''"'ff:å:T:":i:iiiH:å:1ï:,1; party to S ent or any rights/benefits hereunder. CITY shall have théright, in it any payment to CONSULTANT under this Agreement, or othen¡vise recover the full amount of, any rebate, kickback or other considera[ion paid by CONSULTANT in violation of any representation or warranty under this section. (e) Neither CONSULTANT, nor any firm affiliated with CONSULTANT, norany of CONSULTANT'S subcontractors performing any services provided hereunder, snail OiOfor, assist anyone in the preparation of a bid for, or perform any services pursuant to, any othercontract in connection with this Agreement with the exception of any subcontractor whose services are limited to providing surveying or materials testing information. CONSULTANT andany of its subcontractors shall have no interest, direct or inðirect, in any other contract with athird party in connection with this Agreement unless such interest is in accordance with allapplicable law and fully disclosed to and approved by the City Manager, in advance and inwriting. An affiliated firm is one which is subject to the control of the sãme person(s) throughjoint-ownership or otherwise. (Ð CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement or any ensuing CITY project or agreement. CONSUL ANT shall also disclose any current clients who may have a financial interest in the outcome of this Agreement or any ensuing ClTy project or agreement, which will follow. (g) CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. 6 VSCE Construction Mgmt BRT (h) lf CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (i) This Section 9 shall survive expiration or termination of this Agreement. 10. Recyclino Prooram. ln the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) lmmediately establish and maintain a viable and ongoing recycling program, approved by CITY'S Solid Waste Management Division, for each office and facility. Literature describing clrY recycling programs is available from clrY's solid waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) lmmediately contact CITY'S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. Federal and State Assurances and Requirements. (a) Except as othenruise provided by law, all notices expressly required of CITY within the body of this Agreement, and not othenruise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT'S expenses pertaining to the services provided under this Agreement shall be kept on a generally recognized accounting basis, CONSULTANT and its subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement, CONSULTANT and its subcontractors shall make such materials available at their respective offices at all reasonable times during the period of this Agreement and for 3 years, or longer if required by law, from the date of final payment under the Agreement. CITY, the State, the State Auditor, FTA or any duly authorized representative of the federal government shall have access to any books, records, papers, accounting records and other documents of CONSULTANT and its subcontractors that are pertinent to the Agreement for audit, examinations, excerpts, and transcriptions. Copies thereof shall be furnished by CONSULTANT, if requested. lf any litigation, claim, negotiations, audit or other action is commenced before the expiration of the 3-year time period, all records shall be retained and made available until such action is resolved, or until the end of said time period whichever shall later occur. lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this section and in the event a subcontract is entered into for an amount in VSCE Construction Mgmt BRT _7 _ excess of $25,000 the subcontract shall include this paragraph in its entirety. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall haveprovided evidence to CITY that CONSULTANT is llcensed to perform the services called for by this.Agreement (or that no license is required). lf CONSULTANT should subcontract all or anyportion of the work or services to be performed under this Agreement, CONSULTANT shailrequire each subcontractor to provide evidence to CITY thal subcontractor is licensed toperform the services called for by this Agreement (or that no license is required) before beginning work. (d) CONSULTANT'S services pursuant to this Agreement shall be provided gnder the supervision of Frank Sana, PE, and he/she shall not alsign another to supervise CONSULTANT'S performance of this Agreement without the prior -written approval of the Director. (e) CITY will carry out any applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, CONSULTANT agrees tocomply with and give precedence to all applicable federal and state assurances and requirements, if any, identified in Exhibit D along with any attachments it may have and require that each subcontract include the same assurances by and requirements oi each of its subcontractors. 12' Nondiscrimination. To the extent required by controlling federal, state and locallaw, CONSULTANT shall not employ discriminatory practices in thé provision of seryices, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditlon, marital status,sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnamera. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulationsproviding that no person shall, on the grounds of race, religious creed, color, nationãl origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excludedfrom participation in, be denied the benefits of, or be subject to discrimination under anyprogram or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancesiryjphysical'disability, mental disability, medical condition, marital status, sex, age, seiual orienta[ion, ethnicity, statúsas a disabled veteran or veteran of the Vietnam era. CoNSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, phyéical disability, mental OisaOitity, medical condition, marital status, sex, age, sexual orientatioñ, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apfly to CONSULTANT,S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff oiterminatiôn; rates of pay ırother forms of compensation; and selection for training, including apprentices'hip. CONSULTANT agrees to post in conspicuous places, available to employeeJand applicants fòr employment, notices setting forth the provision of this nondiscrimination ciause. VSCE Construction Mgmt BRT _g_ (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) lf CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12 13. lndependentContractor. (a) ln the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a padnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent othenrvise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. ln addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest iñ CITY employment benefits, entitlements, programs and/or funds offered employees of ClTy whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. lt is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by VSCE Construction Mgmt BRT _g_ United States registered or cerlified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assionment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSU LTANT. 17. Compliance With Law. ln providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severabilitv. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. lnterpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement VSCE Construction Mgmi BRT _10_ be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against eíther party, but rather by construing the terms in accordance with their generally accepted meaning, 23. Attornev's Fees. lf either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonablè attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Aoreement. Each parly acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both ClïY and CONSULTANT. 29. RFQ or RFP Document, Any Request for Qualifications, Request for Proposal,or Request for Qualifications and Proposal, and documents issued therewith (collectively referred to herein as "RFQ") by CITY that resulted in selection of CONSULTANT for entry intó this Agreement are hereby incorporated into and made a part of this Agreement. ln the event of a conflict between the RFQ and this Agreement (including any Exhibit hereto), this Agreement (including any Exhibit hereto) shalltake precedence. Ht ut VSCE Construction Mgmt BRT -11- lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, effective the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Robert N. Andersen, Assistant Director Public Works Department ATTEST: YVONNE SPENCE, CMC City Clerk Deputy APPROVED AS TO LEGAL FORM: las T. Sloan, City By: l Mary Addresses: CITY: City of Fresno Attention: Robert N. Andersen, PE Asst. Director 2600 Fresno St. Fresno, CF.93721 Phone: (559) 621-8663 FAX: (559) 457-1162 Title: Name: Title: Secretary) CONSULTANT: VSCE Attention: Frank Sana, PE, 516 W. Shaw Ave. Fresno, CA 93704 Phone: 559-221-4909 FAX: 888-467-4642 VSCE, AC By: Name: J¿ sus lh . V,4n raç By: By: t4,nol1 Attachments:1. Exhibit A - Scope of Services2. Exhibit B - lnsurance Requirements3. Exhibit C - Conflict of lnterest Disclosure Form4. Exhibit D - Federal Requirements t corporalton or LLU, uFu, reasurer, Secretary or Assistant Any Applicabl I Number: Name: VSCE Construction Mgmt BRT -12- "EXHIBIT A" - Part I scope of services for Providing construction Management services For the Fresno BRT project for the City of Fresno :tiJiJ.i:ilil,ffi Pre.Gonstruction Phase: Listed below are some of the tasks that VSCE will perfonn during the project pre- , construction phase: ' Conduct kick-off meeting with the City to discuss roles and responsibilities, clearly communicate project goals and objectives, develop lines of communication and reporting processes, and establish a team approach to completing the project; ' Perform constructability review of 90% project design and associated specifications and provide a list of recommendations; ' Perform consructibility and bidability review of the 100% construction documents prior to bid opening and provide a list of recommendations before the bid advertisement; ' Assist the City with bid procurement e.g. prebid meeting, bidders inquires, bid evaluations, contract award, etc. as necessary or requested by the City Project Manager; ' Establish project procedures and project control systems, with emphasis on the eA/eCplan, submittals, long-lead items, safety and public relations; ' Develop construction-filing system and set up construction field ofFrce; ' Set up a web collaborative tool for sharing, processing and managing the construction documents with all stakeholders; . Assist the City with issuance of the NTp; ' conduct kick-offmeeting with the design team and the contractor. Gonstruction Phase: VSCE activities during this phase will include the following: ' Conduct Pre-Construction Meeting - The VSCE Resident Engineer will conduct a team meeting to establish ground rules for the Conhactor and discuss the roles and responsibilities of the project team. Activities will include preparing a meeting agenda, meeting minutes, coordinating with the attendees and preparing and tracking the action list; ' Construction Documentation - Process submittals, RFIs, field information requests, contract change otders, and all project correspondence. Log and track all correspondence; ' Scheduling - Review, analyze and evaluate and approve the Contractor's baseline schedule and monthly schedule updates; VSCE Scope of Seryices to Provide CM for Fresno BRT Project for the City of Fresno Exhibit "A" Page 2r Cost Control - Monitor, update and forecast budget, cost and cash flow; . Change Orders - Proactively identifr and anticipate potential problems in order to minimize changes. Recommend unavoidable changes for approval to the City with all necessary support data. Review and evaluate the Confractor's requests for changes. Negotiate with Contractors, when change orders are accepted by the City, prepare change orders for signature and authorization by the City. Maintain a log of change requests; . Inspection and Qualþ Control - Perform field inspections to veri$r that the work is in compliance with the contract documents and the City Standards, and meet general functional and regulatory requirements. Coordinate inspection of project improvements with City Public Works and Caltrans (Improvements in Caltrans ROW); ' Safety Programs - Veriff that the Contractor has a Health and Safety Plan developed for the project as required by the contract documents; . Utility Coordination - Monitor Contractor's effort to coordinate with the utility agencies for the service hook-ups to minimize impact on the construction progress; . Record the Progress of the Project - Prepare and maintain daily inspection reports, that include information regarding construction progress, critical activities, Contractor's work force and equipment, etc. . Progress Meetings - Conduct weekly on-site construction progress meetings with Contractor, subconfractors, City staff, other consultants, and other involved parties to discuss matters such as procedures, progress, problems and scheduling. Prepare and distribute meeting minutes and maintain a rolling action items list; . Materials Testing - Coordinate and schedule material testing. Keep up-to-date log of non- compliance and corrective actions. Maintain material testing and inspection records for source testing, acceptance testing, and special inspections & testing in accordance with City QAP; . Construction Staking - Coordinate construction staking with the City's survey crews and schedule staking request from Contractor; . Record Maintenance - Maintain on a current basis a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; . Photographic Record - Maintain a detailed photographic history of the project on a daily basis; . Inspection of Work in Place - Determine that the Contractor's work is being perfonned in accordance with the requirements of the contract documents. As appropriate, require special inspection or testing, or make recommendations to the City regarding special inspection or testing of work not in accordance with the provisions of the contract documents, whether or not such work is fabricated, installed or completed; . Payment Processing Review Contractor's monthly progress payments. Make recommendations to the City for payment and prepare progress estimates in the City approved format; . Status Reports - Provide monthly status reports to the City Project Manager; ' As-Built Plans - Verify that the Contractor is maintaining redlined as-built plans throughout construction and provides said plans to the design team at the completion of the contract. VSCE Scope of Serylces to Provide CM for Fresno BRT Project for the City of Fresno Exhibit "A" Page 3 Post-Gonstruct¡on Phase: VSCE activities during this phase will include the following: . Coordinate integration and commissioning of all ITS components with the City ITS departrnent and the Contractor. Assist with equipment and systems training as required by the contact documents; . Coordinate the inspection and approval of the project by the City; . Coordinate and conduct a job walk-through with the City and the designer and develop a preliminary punch list. Coordinate the correction and completion of the work; . Assist the City in determining when the project, or a designated portion thereof is substantially complete; . Prepare proposed final estimates for the payment to the Contractor; . Obt¿in evidence of certification of all lien releases; . Coordinate final punch list items and sign off; . Administer and coordinate final inspections; . Assist the City with frling the Project "Notice of Completion;" . Make recommendations for the release of retention; . Collect redline record drawings and designer initiated plan revisions. Transmit said infor¡nation to the design team for their preparation of the record drawings. Review of one final set of record drawings fe¡ ssmpleteness prior to final submission to the City's archives. DIRECT UBOR Name Frank Sana, P.E. Santana Jimenez Norbert Dasmar¡nas TBD TBD TBD SUBCONSULTANTS BSKAssociates Glassification Resident Engineer Senior lnspector Scheduler Admin Support lnspector/OE Const. lnsp. EXHIBIT "A" VSCE Fresno BRT Project Project Fee for CM Services City of Fresno lnd¡rect Base Rate Cost Fee Blllable Rate Hours132% 5%&Var $ 84.75 $ 111.87 $ 7.86 S ZOq.+e 3280$ 61.54 $ 81.23 $ 7.14 S 14e.s1 3238$ 59.00 $ 77.88 $ 6.s4 S tqs.tz 540 $ 23.00 $ 30.36 $ 5.34 S se.zo 2440 163.400/o 5% $ 59.00 $ 96.47 $ 7.77 S ro¡.2¿ 2826 $ 58.00 $ 94.83 $ 7.64 S roo.¿z 640 Total $ $ $ $ $ $ $Direct Labor Escalation for 20'16 '. Nofe: VSCE's IDC rate has been audited by an independent CPA F¡m in accordance with MSHTO guide procedures (FAR) and accepted by Caltrans D6 on multiple contracls. Labor Rates for ExÞert Resources: Average Billing Rate As Needed Personnel Est.h¡s $ 670,710.14 485,413.24 77,610.96 143,218.24 461,311.29 102,70'1.76 25,637.28 Unit actual S 1,000.00 actual S f,OOO.OO lncl S Month S 30,000.00 Months SLs $ a,ooo.oo Total Direct Labor Costs Materials Testing (Allowance - Scope and Fee Subject to Field Requirements) Rate Total Subconsultants '* Budgeted allowance ¡s transferable to cover othq scope of CM services as needed to effectively respond to the Contractot's sched u le a nd act¡v¡ti e s OTHER DIRECT COSTS Repographics, photo copying Deliveries, Mail CM / lnspector Vehicles (lncluded in VSCE's OH Rate) $ O CM / lnspector Vehicles (Harris & Associates, ARE & lnsp) $ 1,SO().OO 20 const. lnspector Per Diem (Actual per caltrans Travel Guidelines for contractors) 3 person $ .l,soo.oo o Submittal Exchange License (Web Gollabrative CM Tool) $ 8,0OO.OO 1 CM Office To be provided by the Contractor g Total oDc 3% mark up on ODC & Subconsultants Note: ('l) Blueprinting. reproduction, messenger æru¡æ ând other d¡rect expenses w¡ll be charged as an add¡t¡onal cost plus 3yo. A Subconsultant Management & lns. fee of 3% w¡ll be added to all subconsultant seNices to provide for the æst of adm¡nistEt¡on, sub@nsullant @nsullation and insuranæ. Page 1 of I Fresno BRT Project Fee EXHIBIT "A" Task Schedule Fresno BRT Pøject, C¡ò, oÍFresno Key Member StalJing Plan - VSCE/THG Teut E S.ñ¡, ¿E m. C slúbnln@&¡ 2014 !ióðrt æ 9nI ¡ E åÍË i åB! å å €0 ã 20 20 æ tæ 16 1S lO t@ is is 40 & t6 1& 16 16A 1S ig t@420bñÐ & tÆ 140 14 14 1{ t& 9P9eg$É¡åå 15o 1$ iS 1$ 1l 9-99e99$ å ååri å å 1S 1$ lS 1æ l@ t!5 t6 1É 1* rS lS lø ls 1s EiE t@æ ¡*l¡!"åÈÈg 32æ 3238 ilo 2110 28Æ u0 2020ñþûÃ20ærææ& t40 14 t4 t{ 1& 14 ld 14 i40 l@ æ & 14 ls is !4 ts t& ls ts 1s to tæ lo æ1æt&t&æ 01401@20NaNÐ v -'î: 900 t@ 7m E 600 35N È ¡oo9mlzm 1æ 0 -Hourrxonth -umul¡dw Hoúil Sil"ilailt' th¿ ,t¿!.ùab t.st¡"8 ¿ilova^.s ¿R tu d lpø 6ttt"pt¡oßlo. il¿dB olw¡t. /d@l ¿tthde nq wry d.Frd¡ß npn Contûtu9 ¿.ùþl wø* t.t.¿il. ¿"d tbgi4g oh'où Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between Gity of Fresno (,,CtTy',) and VSCE ("Gonsultant") MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and adverlising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of lnsurance.". 2. The most current version of ISO *Commercial Auto Coverage Form CA OO 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). lf personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability lnsurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set fofth below. However, insurance limits available to ClTy, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds availablJto the named insured: 1. COMMERGIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage;(¡i) $1,000,000 per occurrence for personal and advertising injury;(ii¡) $2,000,000 aggregate for products and completed operations; and, VSCE Construction Mgmt BRT Page 1 of4 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. GOMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. oR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (¡) $'100,000 per person; (ii) $300,000 per accident for bodily injury; and,(ii¡) $50,000 per accident for property damage. 3. WORKER'S COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodity injury;(ii) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). ln addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of lnsurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or VSCE Construction Mgmt BRT Page 2 of 4 (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall clrY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 1011 BS. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any avaílable insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional lnsured. 3. For any claims related to this Agreement, CONSULTANT'S insurance coverage shall be primary insurance with respect to the Clry, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG2001 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers' Compensation insurance polic:t is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. is written on a claims-made form: The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. lf coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT 1 2 3. VSCE Construction Mgmt BRT Page 3 of 4 must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (3ı) calendar days written notice by certified mail, return receipt requested, has been given to ClTy. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shallfurnish CITY with a new certificate and applicable endorsements for such policy(ies), ln the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (1S) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be receiveð and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-lSO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon requesi of ClTy, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said coþy certified by thó undenryriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. VSCE Construction Mgmt BRT Page 4 of 4 Exhibit C DISGLOSURE OF CONFLICT OF INTEREST construction Management services for the Fresno Bus Rapid rransit SERVICES TITLE YES*NO 1 Are you currently in litigation with the city of Fresno or any of its agents?n 2 tnDo you represent any firm, organization litigation with the City of Fresno? or person who is tr 3 Do you currently rgpresent or perform work for any clients who do business with the City of Fresno? ! 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the city of Fresno, or in a business which is in litigation with the city of Fresno? n 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any city of Fresno employee who has any significant role in the subject matter of this servicei n 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection witñ this Agreement?n * lf the answer to any question is yes, please explain in full below. û Explanatión: re ! Additional page(s) attached. VSCE Construction Mgmt BRT Ç . 2-o. (V Date (f+tltu áaN\-¿. (name ß<< (company) 51€ å¿or3 (address) ? Exhibit D FEDERAL REQUIREMENTS Gonsultant Service Agreement between City of Fresno And VSCE This contract is subject to a financial assistance contract between the City of Fresno (CITY) and the Federal Transit Administration (FTA), including American Recovery and Reinvestment Act (ARRA) funding, which requires that this contract contain the following clauses: No Government Obliqations to Third Parties The CITY and CONSULTANT acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the CITY, CONSULTANT, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. lt is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Proqram Fraud and False or Fraudulent Statements or Related Acts (1) The CONSULTANT acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S,C. 3801 ef seq. and U.S. DOT regulations, "Program Fraud Civil Remedies, "49 CFR Pad 31, apply to its actions pertaining to the services provided under this Agreement. Upon execution of the underlying contract, the CONSULTANT certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being peÍormed. ln addition to other penalties that may be applicable, the CONSULTANT further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONSULTANT to the extent the Federal Government deems appropriate. (2) The CONSULTANT also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.5307(n)(1) on the CONSULTANT, to the extent the Federal Government deems appropriate. (3) The CONSULTANT agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. lt is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. VSCE Construction Mgmt BRT Page 1 of I Access to Records and Reports (1) Where the CITY is a local government and is the FTA Recipient in accordance with 4g CFR 18.36(i), the CONSULTANT agrees to provide the CITY, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the CONSULTANT's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C.5307, S3O9 or S311. (2) Where the CITY is an FTA Recipient, CONSULTANT agrees to provide the CITY, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the CONSULTANT's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described al 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $1OO,OOO. (3) Where the CITY enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, an hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR 19.48, CONSULTANT agrees to provide the CITY, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the CONSULTANT which are direcfly pertinent to this contract for the purposes of making audits, examinations, excerpts anð transcriptions. (4) Where the CITY, which is the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. S3O2(aj1) through other competitive bidding, the CONSULTANT shall make available records related-to the contract to the CITY, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit aná inspection. (5) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed- (6) The CONSULTANT agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case CONSULTANT agrees to maintain samé until the CITY, the FTA Administrator, the Comptroller General, or any of their duly authorized representative, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(iX1 1). (7) FTA does not require the inclusion of these requirements in subcontracts. Federal Chanqes CONSULTANT shall at alltimes comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between The CITY and FTA, as they may be amended or promulgated from time to VSCE Construction Mgmt BRT Page 2 of 8 time during the term of this contract. CONSULTANT's failure to so comply shall constitute a material breach of this contract. Termination Termination for Convenience: The CITY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. lf this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination Termination for Default: lf the CONSULTANT fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the CONSULTANT fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the CONSULTANT a Notice of Termination specifying the nature of the default. The CONSULTANT will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. lf, after termination for failure to fulfill contract obligations, it is determined that the CONSULTANT was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of CITY. The CITY in its sole discretion may, in the case of a termination for breach or default, allow the Consultant thirty (30) days in which to cure the defect. ln such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. lf Consultant fails to remedy to City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Consultant of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without further obligation to Consultant. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Consultant and its sureties for said breach or default. Civil Riqhts (1) Nondiscrimination - In accordance with Title Vl of the Civil Rights Act, as amended,42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended,42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C, 5332, the CONSULTANT agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. ln addition, the CONSULTANT agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract. (a) Race, Color, Creed, National Origin, Sex - ln accordance with Title Vll of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the CONSULTANT agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulation, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 VSCE Construction Mgmt BRT Page 3 of I ef seg., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunily, "42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in the course of performing under this Agreement. The CONSULTANT agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship, ln addition, the CONSULTANT agrees to comply with any implementing requirements FTA may issue. (b) Age - ln accordance with section 4 of the Age Discrimination in Employment Actof 1967, as amended,29 U.S.C,623 and Federal transit law at 49 U.S.C.5332, the CONSULTANT agrees to refrain from discrimination against present and prospective employees for reason of age. ln addition, the CONSULTANT agrees to comply with any implementing requirements FTA may issue, (c) Disabilities - ln accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. 12112, the CONSULTANT agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "regulations to lmplement the Equal employment Provisions of the Americans with Disabilities Act, '29 CFR Part 1630, pertaining to employment of persons with disabilities. ln addition, the CONSULTANT agrees to comply with any implementing requirements FTA may issue. (3) The CONSULTANT also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Disadvantased Business Enterprise (DBE) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Par|26 in the award and administration of this DOT-assisted contract. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City deems appropriate. Each subcontract the Consultant signs with a subcontractor must include the assurance in this paragraph (see 49 cFR 26,13(b)). The CONSULTANT is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than thirty (30) days after the Consultant's receipt of payment for that work fr:om City. ln addition, the Consultant may not hold retainage from its subcontractors. The CONSULTANT must promptly notify City whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith VSCE Construction Mgmt BRT Page 4 of 8 effoñs to engage another DBE subcontractor to perform at least the same amount of work. The CONSULTANT may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of CITY. lncorporation of FTA Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, as most recently updated, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA- mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The CONSULTANT shall not perform any act, fail to perform any act, or refuse to comply with any City of Fresno request, which would cause the CITY to be in violation of the FTA terms and conditions. Flow Down - The incorporation of FTA terms has unlimited flow down. Lower Tier Govered Transaction (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (31 U.S.C. Chapter 61). (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. Resolution of Disputes. Breaches. or other Litiqation (1) The validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of California. ln the event of litigation between the two parties, proper venue shall be laid in a court of competent jurisdiction in the County of Fresno, State of California. (2) Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's Maintenance Manager. This decision shall be final and conclusive unless with ten (10) days from the date of receipt of its copy, the Contractor mails or othenruise furnishes a written appeal to the Maintenance Manager. ln connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Maintenance Manager shall be binding upon the contractor and the Contractor shall abide by the decision. (3) Pending final resolution of a dispute her under, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the City's decision. Lobbvinq The Consultant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: VSCE Construction Mgmt BRT Page 5 of 8 (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an otficer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Clean Air (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. SS 7401 et sgg . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Glean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. VSCE Construction Mgmt BRT Page 6 of 8 Enerqv Gonservation The CONSULTANT agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Flow Down - The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and sub-recipients and their sub-agreements at every tier. FTA Protest Notification Bidders are hereby notified that, if this contract is funded in whole or in part by the Federal Depaftment of Transportation, the Federal Transit Administration (FTA) may entertain a protest that alleges that Fresno Area Express/ Transportation Department failed to have or follow written protest procedures. Bidders must file a protest with the FTA not later than five (5) days after Fresno Area Express/ Transportation Department renders a final decision or five (5) days after the Bidder knows or has reason to know that Fresno Area Express/ Transportation Department has failed to render a final decision. Protests to the FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated). lf a protest has been filed with the FTA, Fresno Area Express/ Transportation Department will not make an award of contract unless Fresno Area Express/ Transportation Department determines that: (1) the items to be procured are urgently required; (2) delivery of performance will be unduly delayed by failure to make the award promptly; or (3) failure to make prompt award will otherwise cause undue harm to Fresno Area Express/ Transportation Department or the Federal Government. THIRD PARTY CONTRACTING CAPACITY Because bids and offers can at times be ambiguous, in its solicitation documents, City reserves the right to request additional information before making an award. City also reserves the right to seek clarification from any bidder or offer or about any statement in its bid or proposal that City finds ambiguous. ADDITIONAL FEDERAL REQUIREMENTS RELATED TO THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) DUNS Registration for Gontractors and Vendors Contractors and Vendors must have a DUNS (Data Universal Numbering System) number, which can be searched for and/or registered for at: http://fedqov.dnb.com/webform. Contractors and direct vendors will be required to provide their DUNS number to Fresno Area Express/ Transportation Department ("FAX"). Reporting - Monthly Jobs Statistics All first-tier contractors and vendors will be expected to provide job creation/retention information to FAX on a monthly basis. This will include the number of direct, on-job FTE (fulltime equivalent) employees, hours, and payroll. ln the case of a first-tier contractor that utilizes subcontractors or vendors to complete all or a porlion of the work funded through ARRA, it will be the contractor's responsibility to collect jobs data from said subcontractors / vendors and report that data to FAX as well. Reporting templates and deadlines will be provided to contractors/vendors prior to the first reporting deadline. VSCE Construction Mgmt BRT .Page 7 of 8 Other FTA (Federal) Requirements lncludes, but is not limited to, 49 U.S.C. Chapter 53, e.g., clauses noted in other sections of this contract like, ADA; Civil Rights; Waste, Fraud, & Abuse; Whistleblower Rights Notice, etc. The ARRA "Whistleblowef' poster, which must be posted at your worksité, can be found at: Additional lnformation The Federal Recovery website (www.recovery.qov) provides a great deal of information about the Recovery Act, including links to ARRA legislation, news, reports, and frequenily asked questions (FAQs). lf you have a question specific to this Agreement, please coniact yóur FAX project manager to discuss. VSCE Construction Mgmt BRT Page I of 8 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: REPORT TO THE CITY COUNCIL August 21, 2014 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:TIMOTHY V. HENRY, Deputy Fire Chief Fire Department SUBJECT Implementation of Fire Department Self-Inspection Program and Fire Inspection Policy Change Recommendations 1.*RESOLUTION -1st amendment to the Position Authorization Resolution No.2014-96 adding two (2)Fire Inspector positions to the Fire Department and two (2)Fire Inspector positions to the Development and Resource Management Department RECOMMENDATIONS As previously directed by the City Council,it is recommended the Fire Chief implement changes to its General Inspection Program.These changes will result in a reduction of approximately 11,939 non- state mandated fire inspections conducted by the City of Fresno. These changes include: ·Implementation of a Self-Inspection Program (SIP) for non-state mandated inspections ·The movement of residential fire sprinkler inspections to Development and Resource Management (DARM)and the addition of two (2)deleted Fire Inspectors assigned to DARM to complete them ·Reinstitute the inspection of 1,877 non-state mandated high-risk occupancies and the addition of two (2)deleted Fire Inspectors to the Fire Department (FFD)to complete those inspections and maintain the current commercial construction appointment timelines ·Reallocation of other state mandated inspections such as apartment complexes to be conducted by Fire Suppression Personnel In conjunction with the above,staff also recommends the City Council approve and adopt the first amendment to the Position Authorization Resolution 2014-96 adding two (2)Fire Inspector positions City of Fresno Printed on 12/15/2022Page 1 of 4 powered by Legistar™ File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: amendment to the Position Authorization Resolution 2014-96 adding two (2)Fire Inspector positions to the FFD and two (2) Fire Inspector positions to DARM. EXECUTIVE SUMMARY Following the City Council meeting on July 8,2014,in which options were discussed regarding proposed changes to the City’s Fire Inspection Program,staff was directed to return to Council within the next 60 days with proposed changes to the program that would include,at a minimum,the implementation of an SIP for non-state mandated inspections,moving residential fire sprinkler inspection duties to DARM,reallocate other state mandated inspections (e.g.,apartment complexes) to Fresno Firefighters and reduce the number of Fire Inspector positions by six (two vacant positions and four full-time active positions). After further review staff is recommending revisions to the City’s Fire Inspection Program that meet the overall intent of the Council’s direction.The implementation of this plan is scheduled to begin prior to October 1,2014,during which time staff will evaluate the overall effectiveness of the proposed changes and will report back to Council within the next six months regarding compliance and if any additional changes to the program are warranted. BACKGROUND FFD has evaluated the number of inspections that are currently being performed,as well as the effectiveness of various fire departments (Santa Maria,Upland,San Diego,Sacramento City,and Sacramento Metro)who have already implemented an SIP.The following recommendations are consistent with California Fire Code and are intended to strike a balance between the importance of conducting annual fire and life safety inspections and the needs of property owners,who by nature of the business and/or activity, pose a higher risk to the health and safety of the community. Once implemented,10 FTE (Fire Inspector II’s and/or Senior Fire Inspector)will be needed to support the Community Risk Reduction Division (CRRD).Of the six (6)FFD Inspector positions impacted in the FY15 budget,two existing Fire Inspectors slated for deletion would be retained by FFD to perform non-state mandated high-risk occupancy inspections and continue to maintain the current timelines for commercial construction appointments.Two existing Fire Inspectors slated for deletion will be reassigned and funded by DARM,and these two positions will continue to perform residential fire inspections as well as begin cross training Building Inspectors so they too can conduct these types of inspections in the future.Two vacant Fire Inspector positions will be eliminated, maintaining a General Fund savings of $132,600.The reassignment and elimination of two Fire Inspectors will reduce the number of Fire Inspectors assigned to the CRRD by four. In FY14,the total number of fire and life safety inspections completed was 5,375.Also,10,654 occupancy classes were not inspected due to the reduction in staffing.It is anticipated in FY15 through these recommended changes,4,766 fire and life safety inspections will be conducted by FFD personnel,with 2,376 of those assigned to the firefighting force and 2,390 completed by FFD Fire Inspectors. In addition to those inspections performed by staff,FFD will be implementing a new SIP with the goal of 11,939 non-state mandated fire inspections being performed.While the current compliance rate for inspections conducted by Fire Inspectors is 85-90 percent,the SIP program anticipates a 70 City of Fresno Printed on 12/15/2022Page 2 of 4 powered by Legistar™ File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: for inspections conducted by Fire Inspectors is 85-90 percent,the SIP program anticipates a 70 percent compliance rate during the first year due to the newness of the program. Based on the recommended changes, it is anticipated the following will occur: ·513 state mandated fire and life safety inspections,inspected by Fire Inspectors,will continue to be conducted as required by the California Fire Code (Table 1 attached) ·2,376 state mandated apartment complex fire and life safety inspections will be performed by Fresno Firefighters (Table 1) ·1,877 high-risk non-state mandated fire and life safety inspections annually by Fire Inspectors would continue (see Table 2 for details on occupancy type) ·11,939 non-state mandated fire and life safety inspections would be conducted through the implementation of the proposed SIP (Table 3) ·New commercial construction appointments and plan reviews will be conducted by the Fire Department and will remain at nine business days or less ·2,738 residential fire sprinkler construction inspections would move to DARM (along with two Fire Inspectors)with cross training of building inspectors occurring over the next year (Table 4) Self-Inspection Implementation Schedule Prior to the implementation of the proposed SIP,FFD will conduct a series of meetings with various stakeholders such as the Fresno Chamber of Commerce,Apartment Owner’s Association,Hispanic and Black Chambers of Commerce,and the BIA,in an effort to educate businesses and property owners on the new program. This outreach effort will be completed by October 1, 2014. Furthermore,staff has reached out to four major insurance companies in an effort to secure an insurance inspection/life safety form (State Farm,Fireman’s Fund,Global Risk Consultants,FM Global). Staff will continue to research the use of the insurance inspection form,but has included as part of the SIP checklist,that property owners provide FFD with a copy of their insurance form.Additional changes to the program may be implemented once FFD has had an opportunity to evaluate whether the form used by insurance companies duplicates many of the requirements contained in the attached SIP form. In conclusion, it is recommended the following changes be implemented beginning October 1, 2014: ·Letters to 11,939 businesses who qualify for the one-year self-inspection pilot program will be mailed.It is our goal to meet 70 percent compliance by educating them on a new fire and life safety self-inspection pilot program,which will include SIP instructions,forms, online filing options,and phone support.Two attempts,through mailings,will be City of Fresno Printed on 12/15/2022Page 3 of 4 powered by Legistar™ File #:ID#14-247 Agenda Date:8/21/2014 Agenda #: implemented to gain compliance with businesses participating in the SIP. ·FFD will continue to review and process all fire sprinkler plans and send them to DARM within nine days.Responsibility for scheduling,permitting,and inspection of residential fire sprinkler systems will reside with DARM (two Fire Inspectors reassigned). ·Apartment fire and life safety inspections will be assigned to Fresno Firefighters for completion. The data entry component will be completed at FFD headquarters. ·Staff will return to Council in February/March 2015 with an audit of program, implementation results, and offer further revisions/recommendations for consideration. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A - Local preference does not affect the outcome of this Council item. FISCAL IMPACT With a reduction of Fire Inspectors and proposed alternative inspection program outlined above,the fiscal impacts are: ·The elimination of two Fire Inspector II unfilled vacancies saved $132,600 in the General Fund.Retaining two Fire Inspector I/II’s positions in the FFD will be funded through the collection of inspection fees for high-risk,non-state mandated occupancies.In addition,two Fire Inspectors will be reassigned and funded by DARM,maintaining a savings to the Fire Department budget of $162,000. Attachments: -Projected Inspections and Appointments in FY15 -SIP Program Packet -First Position Authorization Resolution City of Fresno Printed on 12/15/2022Page 4 of 4 powered by Legistar™ PROJECTED INSPECTIONS AND APPOINTMENTS TO BE CONDUCTED IN FY15 TABLE 1: STATE MANDATED INSPECTIONS PER YEAR State Mandated Inspections Per Year: Occupancy Type Total No. in COF E’s (i.e., schools) 240 R1’s (i.e., hotels/motels) 142 I3’s (i.e., jails) (Completed by State Fire Marshal) High-rises 16 Fire Clearance Inspections (i.e., care facilities, pre-schools, hospitals, etc.) 115 Total inspections listed above 513 R2’s (i.e., apartments) • To be conducted at the fire station level by fire suppression personnel 2,376 Total State Mandated Inspections 2,889 TABLE 2: NON-STATE MANDATED HIGH-RISK INSPECTIONS PER YEAR * Non-State Mandated High-Risk to Fire/Life Safety Inspections: Occupancy Type Total No. in COF Covered Malls (Fashion Fair and Manchester Shopping Center) 2 A2’s* (i.e., nightclubs/restaurants, etc.) with occupant load of 100+ 238 A3’s* (i.e., churches, movie theaters, stadiums, etc.) with occupant load of 300+ 195 B’s* (i.e., (large offices) McCormick-Barstow, financial buildings at Fig Garden, etc.) 10,000+ sq. ft. and 3-7 stories 70 F’s* (i.e., (manufacturing companies) Capri Sun, Corn Nuts, Gallo Winery, etc.) 12,000+ sq. ft. 121 H* (i.e., high hazard, hazardous materials, etc.) 191 I’s* (i.e., hospitals, care facilities, etc.) 66 M’s* (i.e., (department stores) Target, Lowes, Costco, etc.) 12,000+ sq. ft. 342 S’s* (i.e., (storage facilities) Bairos Recycling, GAP Warehouse, commercial tire warehouse storage, etc.) 12,000+ sq. ft. 652 Total Non-State Mandated Inspections 1,877 * Based on the model code requirement for fire sprinklers and/or fire alarms in each occupancy type Page 1 of 2 TABLE 3: SELF-INSPECTION PROGRAM (SIP) – INSPECTIONS PER YEAR TABLE 4: NEW CONSTRUCTION APPOINTMENTS (PAST 12-MONTHS) *~ Commercial: New Construction (Based on Past 12-months) Commercial (5 years, suppression systems, fire alarms, etc.) inspections • Average inspection time per inspection @ 2.5 hours = 4,340 hours 1,736 Residential: New Construction (Based on Past 12-months) Residential Inspections • Average inspection time per inspection @ 1.0 hours = 2,738 hours 2,738 TABLE 5: PLAN REVIEW (PAST 12 MONTHS) *~ Plan Review (Based on Past 12-months) Building and Site Plan Review/Back Checks 2,378 Fire Alarm Plan Review 243 • Average time per bldg./site plan is 0.75 hours = 1,783.5 hours • Average time per fire alarm plan is 1.5 hours = 364.5 hours * Based on the model code requirement for fire sprinklers and/or fire alarms in each occupancy type ~Includes travel time, inspection time, data entry, research Self-Inspection Program (SIP): Occupancy Type Total No. in COF A’s (i.e., (small restaurants) McDonalds, small churches, etc.) 723 B’s (i.e., (small offices) doctors, veterinarians, banks, etc.) 6,911 F’s (i.e., (manufacturing) Pappy’s Fine Foods, ValPrint, etc.) 214 M’s (i.e., (stores) 7-11, Cold Stone Creamery, etc.) 1,733 S’s (i.e., (storage facilities) repair garages, mini -storage, etc.) 2,358 Total Self-Inspections 11,939 KERRI L. DONIS, CFO, EFO, MSOL FIRE CHIEF Timothy V. Henry, Fire Deputy Chief Community Risk Reduction and Support Services Command (559) 621-4181  FAX (559) 498-4323 Fresno Fire Department  911 H Street  Fresno, CA 93721-3082 July 30, 2014 Dear Business Owner/Manager: In an effort to better serve our community, the Fresno Fire Community Risk Reduction Division has implemented a one year pilot fire and life safety Self-Inspection Program (SIP). This program is designed for the general business that has a “low-hazard” potential for fire and life safety concerns as defined by the California Fire Code and adopted by the State of California. At this time, the program has no fees associated to the business. The SIP will allow “low-hazard” businesses to be self-inspected by the business owner or manager on a 12-month inspection cycle. The intent of this program is to allow you to identify and eliminate common fire and life safety hazards. We encourage you to maintain a fire-safe environment for your employees and customers. In order to make the pilot SIP successful, we have made it user-friendly. By following the simple instructions and using the self-inspection worksheet, you will be able to conduct a fire and life safety inspection of your building. If you have any questions or need help with your self-inspection, the Fire Department is available to answer questions by email at Fire-Prevention@fresno.gov. You may reach staff to assist you at (559) 621-4181. Complete and return the attached form within the next 30 days (see attached directions). To ensure accuracy we will update your emergency contact information currently on file. By providing us with current confidential information, it will be made available to the 911 communication center so you can be notified in the event of an emergency at your business. This provides you with the earliest possible notification, assisting you in restoring your business operations as soon as possible. Finally, it is our understanding that your insurance company conducts on-site inspections annually. Pl ease submit a copy of those inspection records (particularly those related to fire and life safety) within 30 days, along with your self-inspection form. With your support and cooperation, we can make a safer community for those that visit, live, or operate businesses in Fresno. Sincerely, Timothy V. Henry Deputy Fire Chief “To protect and put service above all else.” FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) HOW TO PERFORM YOUR SELF-INSPECTION 1. The person responsible for the business (i.e, owner, manager) must conduct the inspection. 2. The self-inspection form is designed to assist you in performing a fire and life safety inspection. Complete the form by checking the appropriate box. 3. With the form in hand, walk around and through your business until all statements on the form have been addresses. 4. If an item is non-compliant, either correct the problem before submitting the form or check the “no” box. Include what actions will be taken to correct the condition and the estimated date of completion in the comments section at the end of the form. 5. If you are not responsible for maintaining any of the items listed on the form (i.e., fire sprinkler system), list the name and contact information in the comments section at the end of the form. 6. Please note that the self-inspection form must be completed and returned to the Fire Department within 30 days of the date on the cover letter. 7. Return the completed form to: By Mail: Fresno Fire Department Self-Inspection Pilot Program 911 H Street Fresno, CA 93721 OR Scan and Email: Fire-Prevention@fresno.gov OR File On-Line at: www.fresno.gov/xxxxx 8. The Fresno Fire Department may make a random inspection of your business for the purpose of quality control. 9. If the self-inspection form is not returned, your business may be subject to an inspection conducted by the Fresno Fire Department with associated inspection fees. If you have any questions about the one year pilot program, please contact the Fresno Fire Department at (559) 621-4181 or email us at Fire-Prevention@fresno.gov. FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) EMERGENCY CONTACT INFORMATION FORM Address of Business: ____________________________________________________ Apt/Suite Number: ______________________________________________________ Business Name: ________________________________________________________ Business Phone: _______________________________________________________ Owner/Corp. Name: ____________________________________________________ Owner/Corp. Phone: ____________________________________________________ Manager’s Name: ______________________________________________________ Manager’s Home Phone: _________________________________________________ First Person to Notify in Emergencies: ______________________________________ Phone: _______________________________________________________________ Second Person to Notify in Emergencies: ____________________________________ Phone: _______________________________________________________________ Building Owner: ________________________________________________________ Phone: _______________________________________________________________ Insurance Company/Agent Name: __________________________________________ Insurance Company/Agent Address: ________________________________________ Insurance Company/Agent Phone: _________________________________________ Page 1 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) SELF-INSPECTION CHECKLIST BUSINESS NAME: _____________________________________________________ BUSINESS ADDRESS: _________________________________________________ CONTACT NAME/PHONE NUMBER: ______________________________________ Yes No Date Violation Corrected Has a representative of your insurance company come to your business and conducted an on-site, fire and life safety inspection in the past 12 months? If yes, please include a copy of that inspection form when returning the self- inspection checklist. What is the current use of the building? Describe here: Have you made any additions/modifications to the structure or added racks for storage? Have all excessive amounts of combustible waste materials (empty cardboard boxes, trash, etc.) stored inside or outside of the building been removed? In buildings without a sprinkler system: Are materials stored a minimum of two feet below the ceiling? In buildings with a fire sprinkler system: Are materials stored a minimum of 18 inches from the bottom of the sprinkler head? Is the building address clearly visible and large enough to be seen from the street? If you have a lock box for Fire Department access on your building, have you recently changed the locks to the building? If yes, you will need to contact the Fire Department to have the new keys installed in the lock box. Do the electrical panels have 30 inches of clearance in front for easy access? Do all of the electrical junction boxes, outlets and switches have cover plates on them? Page 2 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) Yes No Date Violation Corrected Have all extension cords been removed? Do all the multi-plug power strips have surge protection built in and are they free from damage/splicing? Are all the multi-plug power strips plugged directly into a permanently installed outlet? Has the commercial hood system been cleaned as required in the California Fire Code*? *High-volume cooking (24hr cooking/ charbroiling/wok cooking) – every 3 mos. Low-volume cooking (churches/seasonal business/senior centers) – every 12 mos. Cooking w/solid fuels (wood) – every month All others – every 6 mos. Date of cleaning: Cleaning company: N/A Has the commercial hood extinguishing system been serviced in the past 12 months? Date of service: Servicing company: N/A Have all holes in the walls, ceilings, or doors been properly repaired? In assembly occupancies: have all decorative materials (i.e. curtains) been flame retardant treated? N/A Has the fire sprinkler system been tested in the past 12 months? Date of test: Testing Company: N/A Page 3 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) Yes No Date Violation Corrected Have all painted, damaged, or obstructed sprinkler heads been repaired/replaced? N/A Has the fire alarm system been tested in the past 12 months? Date of test: Testing company: N/A Do your fire extinguishers have a minimum 2A:10B:C rating? Is there at least one fire extinguisher within 75 feet travel distance from all areas of the building? Have all fire extinguishers been serviced within the past 12 months? Date of service: Servicing company: Is there clear access to the fire sprinkler riser(s), fire hydrants, fire department connection (FDC), and all fire lanes? N/A In assembly occupancies: Do you have the maximum occupancy clearly posted near the main entrance? N/A Is there a clear and unobstructed path to all of the exits? Is all of the emergency lighting functioning properly? Are all of the exit doors unlocked and unobstructed when the building is occupied? Are all of the exit signs clearly visible and continuously lit? Are all of the compressed gas cylinders properly secured to prevent falling? N/A Do you store or transport hazardous materials or flammable/combustible materials to/from this location? Is your business license posted in a clearly visible location? Page 4 of 5 FRESNO FIRE DEPARTMENT SELF-INSPECTION PROGRAM (SIP ) Comments: I certify under penalty of perjury that the responses given are true and correct. Print Name Signature Date Title Page 5 of 5 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-249 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division STEVEN C. SON, PE, Capital Projects Manager Public Works Department, Capital Management Division BY:JESUS A. GONZALEZ, PE, Project Manager Public Works Department, Capital Management Division SUBJECT Actions pertaining to the Herndon Avenue Widening from Brawley Avenue to Valentine Avenue, Bid File No. 3271 (Council District 2) 1.Approve a common use agreement between the City of Fresno and the Fresno Irrigation District (FID) for the installation of a multipurpose trail 2.Award a construction contract to Emmett’s Excavation Inc., of Fresno, California in the amount of $1,689,986 for the construction of Herndon Avenue widening from Brawley Avenue to Valentine Avenue RECOMMENDATION Staff recommends that the Fresno City Council approve a common use agreement between the City of Fresno and FID,award a construction contract to Emmett’s Excavation Inc.,of Fresno California for the widening of Herndon Avenue from Brawley Avenue to Valentine Avenue and authorize the Public Works Director or his designee to sign and execute the standardized contract on behalf of the City. EXECUTIVE SUMMARY The proposed project consists of widening Herndon Avenue to a six lane expressway between Brawley Avenue and Valentine Avenue thereby relieving congestion and reducing delays.The project will construct an additional travel lane in both the east and westbound directions,upgrade the existing traffic signal facilities,add landscaping and construct a multi-purpose trail with barrier fence along the south side of Herndon Avenue.To facilitate Herndon Avenue widening and City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-249 Agenda Date:8/28/2014 Agenda #: fence along the south side of Herndon Avenue.To facilitate Herndon Avenue widening and construction of the multi-purpose trail,staff has negotiated a common use agreement with FID.This agreement has been approved as to form by the City Attorney’s Office. BACKGROUND In recent years the City of Fresno has experienced rapid growth causing an increase in the number of congestion problems throughout the City.Per the City’s 2025 General Plan,Herndon Avenue is to be widened to six lanes from State Route 99 to Willow Avenue.The City has been widening Herndon Avenue as funding becomes available.The Measure ‘C’Regional Transportation Program includes Project K-5b to widen Herndon Avenue from four lanes to six lanes from Brawley Avenue to Valentine Avenue.To maximize the Measure ‘C’funds,staff applied for and received Federal Regional Surface Transportation Program (RSTP)funds.On August 25,2011,Council approved a consultant agreement with Provost and Pritchard Engineering Group Inc.to prepare the plans and specifications for the project. Construction documents and specifications were prepared and a Notice Inviting Bids was published in the Business Journal on June 20,2014,and posted on the City’s website.Advertising efforts resulted in the participation of thirteen Prime prospective bidders.Ultimately,nine sealed bid proposals were received and opened in a public bid opening on July 22,2014,with the bids ranging from $1,689,986 to $2,093,523. Emmett’s Excavation Inc.,of Fresno California,submitted the lowest bid in the amount of $1,689,986 and is considered the lowest responsive and responsible bidder.Staff recommends award of a construction contract to Emmett’s Excavation Inc.in the amount of $1,689,986 to widen Herndon Avenue from Brawley Avenue to Valentine Avenue and to authorize the Public Works Director, or his designee, to sign and execute the standardized contract on behalf of the City. ENVIRONMENTAL FINDINGS An environmental assessment has already been completed for this project and no further assessment is necessary.The City previously prepared an Initial Study and determined that this is a subsequent project fully within the scope of the Master Environmental Impact Report No.10130/SCH No.2001071097 prepared for the 2025 Fresno General Plan (“MEIR”)and Mitigated Negative Declaration No.A-09-02/SCH No.2009051016 (“Air Quality MND”).A Finding of Conformity was adopted by Council on February 28, 2013. An analysis has been performed pursuant to CEQA guidelines section 15162 to determine whether subsequent environmental review is required for this project.Based upon this analysis,no subsequent environmental review is required as: 1.No substantial changes are proposed in the project which will require major revisions of the Finding of Conformity due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. 2.No substantial changes have occurred with respect to the circumstance under which the project is undertaken which will require major revision of the Finding of Conformity due to the involvement of new significant environmental effect or a substantial increase in the severity of City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-249 Agenda Date:8/28/2014 Agenda #: previously identified significant effects. 3.There is no new information which was not known and could not have been known at the time of the Finding of Conformity that was not discussed in that document. As such, no further environmental analysis is required for this project. LOCAL PREFERENCE Local preference was not implemented based on conditions of the federal funding. FISCAL IMPACT This project will not impact the General Fund.The project is being funded by Measure ‘C’and Federal Regional Surface Transportation Program funding.The total cost for the project is $2,951,400 of which $1,689,986 will be used for the construction contract. Attachments:Vicinity Map Agreement for Common Use of Easements Evaluation of Bid Proposals Fiscal Impact Statement City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ Recording Requested By And When Recorded Mail To: Fresno lrrigation District 2907 South Maple Fresno, CA 93725 The undersigned grantor(s) declare(s): DOCUMENTARYTRANSFERTAX IS $ O LOCATION: S/E HERNDON & APN: 406-4lI-54 & -47 CANAL: BULLARD NO. 124 BRAWLEY AVENUES AGREEMENT FOR COMMON USE OF EASEMENTS This Agreement is made effective as of March _, 20l4,by and between (i) the Fresno Irrigation District, a Califomia irrigation district ("District") and (ii) the City of Fresno, a municipal corporation ("City"), with respect to the following facts: A. District owns and operates an underground pipeline as part of its "Bullard Canal" facilities, located on the real property more particularly described in Exhibit A hereto, pursuant to certain easement rights, including those exclusive easement rights described in that certain Grant of Easement dated November 22,2000, recorded November 27,2000, as Document No. 2OOO-0144152 (the "District Easement"). Such real property is adjacent to Herndon Avenue. B. City has acquired easement rights in certain lands in the same area for its construction, maintenance, and operation of street and landscaping improvements under that certain Deed of Easement dated December 13, 2012,recorded March 29,2013, as Document No. 2013-0046247. Aportion of City's right-of-way will overlap the District Easement, such overlapping portion is hereby designated the "Area of Common IJse," as depicted in the diagram attached hereto as Exhibit A. C. District and City wish to establish certain conditions under which the Area of Common Use shall be used by the parties. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Area of Common Use. (a) District hereby consents to the use by City of the Area of Common Use for purposes of constructing, maintaining and operating improvements ("Improvements") that do not unreasonably interfere with District's use of its own facilities or the District Easement. City's use of the Area of Common Use shall be subject to District Easement and to the terms and conditions herein contained. District does not by this Agreement subordinate any rights it may 2013-D124-J1690-02 have in the Area of Common Use to any use which City shall make of the land. City acknowledges that by this Agreement, District is making no representation or warranty regarding the existence or non-existence of any third parties claiming anght, title or interest in the Area of Common Use. (b) City shall, at its own cost and with District's prior approval, locate, construct, and maintain the Improvements in the Area of Common Use in such a manner and of such material as may be required so that it will not at any time be a source of danger to or interference with the present or future uses of District. City is specifically required to coordinate the construction of the Improvements so that it does not interfere with District's water delivery and maintenance schedules. The constructed facilities shall be in conformance with the construction plans titled "Herndon Avenue Widening from Brawley to Valentine," dated March 18,2013, as prepared by the City and approved by District. (c) The right of the District to approve such construction details is solely for the benefit of the District and is not intended to assign to District any responsibility for the safe and proper construction of the Improvements, such responsibility and liability being entirely assigned to City. Approval by District of construction details shall not result in an assumption of liability for the Improvements, (d) All of the Improvements constructed or installed pursuant to this Agreement shall be the property of City, and all appurtenances and facilities installed by District or existing in the Area of Common Use which are related to District's facilities shall be the property of District. Except as herein otherwise provided, neither District nor City shall have any right, title, or control over the other's property. (e) Except as expressly set forth herein, this Agreement shall not in any way alter, modify, or terminate the District Easement in the A¡ea of Common Use. Both District and City shall use the Area of Common Use in such a manner as not to unreasonably interfere with the rights of one another and nothing herein shall be construed as a release or waiver of any claim for compensation or damages which District or City may now have, or may hereafter acquire, resulting from the construction or alteration of existing facilities or the construction or alteration of additional facilities by either District or City which causes damage to or unreasonable interference with the use of the A¡ea of Common Use by the other party. (Ð City shall be responsible to pay, and shall reimburse District upon demand, for any reasonable cost incurred by District for work performed by District that is caused by or required by City's construction, maintenance or use of the Improvements. District shall provide reasonable advanced written notice of the necessity of such work prior to commencement. (g) Except as described above, District and City shall be responsible for the maintenance, repair, alteration, improvement or relocation of their respective facilities within the Area of Common IJse. 2013-D124-J1690-02 (h) Nothing in this Agreement shall relieve the parties from any responsibility towa¡d the other for damage to the other's property located outside of the A¡ea of Common Use' (Ð To the fullest extent pennitted by law, City agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arising out of its use of the Area of Common lJse, except for any such claims arising out of the willful misconduct or sole negligence or those of District or its directors, offrcers, employees or authorized volunteers, or those claims which violate the City's sovereign immunities. City agrees to defend, hold harnless, and indemniff District, its directors, officers, employees or authorized volunteers against any and all such injuries, damages, and claims. This indemnification agreement shall not be restricted to any insurance proceeds. 0) Except in the event of an emergency, or as necessary to maintain the flow of water in District's canal or pipeline, each party shall give the other reasonable notice before performing or permitting any work affecting the other's facilities in the Area of Common Use, and shall furnish the other party with plans and specifications describing the work to be done beforehand. The reviewing party shall have the right to speci$r reasonable conditions on, or changes in, the proposed work and schedule when necessary to prevent damage to its facilities or interference with its operations in the Area of Common Use. Where such changes shall result in additional expense, such expense shall be borne by Crty, Neither party shall permit installation of facilities by others in the Area of Common Use without the written consent of the other party. Each party agrees to repair any damage to the other party's facilities caused by work directed or performed by it within the Area of Common Use, except that where City's facilities within the Area of Common IJse must necessarily be damaged, destroyed or removed by District to accommodate repair, maintenance, modification or replacement of District's facilities, District shall have no obligation to restore City's affected facilities. In the event of an emergency, no such notice shall be required and either pafi may proceed to do what is reasonably necessary to prevent serious loss or damage and to protect the public health and safety. An emergency shall be deemed to exist if immediate action is reasonably required to prevent serious loss or damage to life or property, or to protect the public health and safety. (k) Violation of any term of this Agreement shall be cause of termination of the Agreement, and in such an event, the aggrieved party shall have all remedies available at law or equity, including the right to enforce District's right to the unimpeded use of the Area of Common Use. No termination of this Agreement shall release the other party from liability hereunder, whether of indemnity or otherwise. 2. Further Assurances. From time to time and at any time after the execution and delivery hereof, each of the parties, at its own expense, shall execute, acknowledge and deliver any further instruments, documents and other assurances reasonably requested by the other party, and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by the other party, to evidence or carry out the intent of this Agreement. 3. Time and Computation of Time. Time is of the essence of this Agreement and each and all of its provisions. The parties agree that the time for performance of any action 2013-D124-J1690-02 permitted or requfued under this Agreement shall be computed as if such action were "an act provided by law" within the meaning of Califomia Civil Code $10, which provides: "The time in which arry actprovided by law to be done is computed by excluding the frst day and including the last, unless the last day is a holiday, and then it is also excluded." 4. Entire Asreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. 5. Waiver. Waiver of any breach of this Agreement by any party hereto shall not constitute a continuing waiver or a waiver of any breach of the same or another provision of this Agreement. 6. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, all of which together shall constitute one and the same instrument. 7. Bindine Effect. This Agreement shall "run with the land" and be binding upon and inure to the benefit of the heirs, executors, administrators, assigns, and successors of the parties hereto. 8. Interpretation. It is agreed and acknowledged by the parties that this Agreement has been arrived at through negotiation, and that each party has had a full and fair opportunþ to revise the tenns of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement. 9. Professionals' Fees. Should any action or proceeding be commenced between the parties hereto concerning this Agreement, or the rights and duties of any party in relation thereto, the party prevailing in such action or proceeding shall be entitled, in addition to such other relief as may be granted, to recover from the losing party areasonable sum for its attorneys', paralegals', accountants', and other professional fees and costs incurred in connection with such action or proceeding. 10. Parties in Interest. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies on any persons other than the parties hereto and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right of subrogation or action over and against any pafi to this Agreement. 2013-D124-J1690-02 1 l. Survival. Each of the terms, provisions, representations, warranties, and covenants of the parties shall be continuous and shall survive the consummation of the transactions contemplated in this Agreement. 12. Notices. All notices and other communications required under this Agreement shall be in writing and shall be deemed to have been duly given (i) on the date of service, if served personally on the person to whom notice is to be given, (ii) on the date of service if sent by telecopier, provided the original is concurrently sent by fust class mail, and provided that notices received by telecopie¡ after 5:00 p.m. shall be deemed given on the next business day, (iii) on the next business day after deposit with a recognized overnight delivery service, or (iv) or on the third (3rd) day after mailing, if mailed to the party to whom notice is to be given by first class mail, registered or certified, postage-prepaid, and properþ addressed as follows: To District: Fresno Irrigation District 2907 South Maple Fresno, Cl^93725-2218 Atír: General Manager To City: City of Fresno Attn: Director of Public Works 2600 Fresno Street Fresno, CA9372l A party may change its address for notices by providing notice to the other parties as provided above. [remainder of page intentionally left blankJ 20't3-D124-J1690-02 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date fust above written. íDistrict" The Fresno Irrigation District, a California The City of Fresno, a municipal corporation irrigation district By Ryan Jacobsen, President By Gary R. Serrato, Secretary ATTEST: Yvonne Spencg CMC Ciff Clerk By: APPROVED AS TO FORM: Douglas Sloan, City Attorney 2013-D124-J1690-O2 STATE OF CALIFORNIA COTINTY OF before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifu under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STATE OF CALIFORMA COI-INTY OF On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certiff under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ) ) ) On ) ) ) STATE OF CALIFORNIA coLrNTY OF On before me,, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisÆrer/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ) ) ) STATE OF CALIFORMA COUNTY OF On ) ) ) , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herlthei¡ authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifu under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature o Ét zo Fo I'JU' ltos F CNl¡t =rÞ É.oz UJ IF TLo t¡JzJ FU'l¡lì I EXHIBIT ''A',, ı WESTHERNDONAVENUE I o.14L L N8r58ØW 2637.4ó'BË-NO -N ıllrJ IU'Itrtos tlt- l,cn t.l¡l ---J ! = ,l Ë ì1,i 8riÊ -l! L t.o lly. ,l J l.;l¡i -rIt/' lz lrlf,z IU ]¡J =Ê.d¡ J.t- É.oz A \ SCALE r-lz l(t^i€--l--- irlÏl. t{ lËtz I I I I I I I I I lo I 7.50 NORTH 1/4 CORNER oF sEcTroN 1, l3/19 o NOa L-Ì-------i1Ð--.oÃi'rn¡. F-:'.nr,f -f -f ----- --- f*- t955.ó7 i \- sæzeasw. st284gw, ¿l kil vl€r rizt I f I I I ¡ I I I N 8çf590Ì w, 17.4ó')- sss'53'06',w 32s.0ó' t I - \ /rw,3l.o3' €)ô \/ N8f58oîW,¿Zn ! APN 40ô.411-47 PARCEL'Æ OF LOT LINE ADJUSTMENT NO.2OO&28 DOC. 2009{006584, O.R.F.C. ì È+6ñ Èq OUTI'TNAN UNE IABTE EEAR'N6 IENGIH I l\-**t"*=.t**r* 1 . oFsEcïoN 1' 13/19 DETAIL "A'' NO SCALE- I \;-'*'-.;'; iH+iffig'-g-, * ..",.* ; f -1 wESTHERNDoNAVENUE i o o -ú-u g.=, A A Nt+YtlSl'E ZO.l+' I I N eæ'tó'E 5.40 +to.oo :foll!t(D' lrlo, sl ;l uJl-lt-l lL¡ Or lrJ,z.l =l=, I N 63'27s7',E t7,8? s6î2TsTW, t7.8î APN 40&411 PAREEL,E.PARCEL "D' /ND/CAIEs ARF/' OF COMMON USE 10,909 S.F.+ O = PREI/IOUSLY DEDICATED AS AN EASEMENT FOR PUBLIC STREET PURPOSES BYA DEED OF EASEMENT RECORDED JUNE 2, 19&t AS DOCUMENT NO. &XX8407, O.R.F.C. @ = PREVIOUSLY DEDICATED AS AN EASEMENT FOR PUBLIC STREET PURPOSES BY A DEED OF EASEMENT RECORDED ocToBER I I , '1900 AS OOCUMENT NO. 901233:12, O.R.F.C. @ = PREVIOUSLY DEDICATED AS AN EA¡¡EMENT FOR PUBLIC STREET PURPOSES BY PARCEL MAP NO.2OO1{2 RECOROED IN BOOK 6.I OF PARCEL MAFS AT PAGE 61. F.C.R. @ = PRB/IOUSLY DEDICATED AS AN EASEMENT FOR PUBLIC STREET PURPOSES BYA DEED OF EASEMENT RECORDEO I¡IARCH 29, 2013 AS DOCUMENT NO.2O13ÉlJ46247, O.R.F.C. @ = PRF/IOUSLY DEDICATED AS AN EASEMENT FOR PUBLIC PEDESTRIAN WAU(WAY & BICYCLE PATH PURPOSES BY A DEED OF EASEMENT RECORDED MARCH 29. 2013 AS DOCUMENT NO. 201ú0/¡6247, O.R.F.C. @ = PRÉVIOUSLY DEDICATED TO THE FRESNO IRRIGATON DISTRJCT AS AN EASEMENT FOR IRRIGATION PIPELINE PURPOSES BY A GRANT OF EASEMENT RECORDED NOVEMBER 27, 2qÐ AS DOCUMENT NO.20004144152, O.R.F.C.ffi *rYJ^¿\/ I(lt^J eE* Ð<P.12131113 to/tt Rtr,&REy' PWF 11493 PrAT 1348 CITY OF FRESNO DæARTMENT OF PUBUC WOR'<S prcl.D. Pwu)582 Co ¡uÑoÑo. -22u8 nesnte - ore. ¡'tO. 189901 AREA OF COMMON USE oc av AJ' CH. By RÁ.W. p¡47¿ ACT.4,2013 594¡¡ NOSØIE SHETTNO,or I suem EVALUATION OF BID PROPOSALS Page 1 FOR: HERNDON AVENUE WIDENING FROM BRAWLEY TO VALENTINE Bid File No. 3271-1193 Bid Opening 7122114 BIDDER'S BID AMOUNT 1. EMMETT'S EXCAVATION, INC 6207 E. CLINTON AVENUE $',1,689,986.00 FRESNO, C493727 2. AVISON CONSTRUCTION INC. 40365 BRICKYARD DRIVE #105 $1,749,539.00 MADERA, C4.93636 3. YARBS GRADING AND PAVING, INC. P.O. BOX 87 $1,790,665.75 FOWLER, CA.93625 4, DAVE CHRISTIAN CONST., CO., INC 2963 N. SUNNYSIDE AVE. #108 $1,835,835'53 FRESNO, CA,93727 5. AMERICAN PAVING CO. P.o. Box 4348 rrrv vv' $1'981'155'50 FRESNO, C4.93744 6. CAL VALLEY CONSTRUCTION 6275W. BULLARD AVE. $1,999,695.70 FRESNO, C4.93722 7. JIM CRAWFORD CONST., CO. INC 1189 HOBLtrr AVE $2'037'239'00 clovls, cA.93612 8. GRANITE CONSTRUCTION COMPANY 2716 GRANTTE COURT $2,050,276.00 FRESNO, C4.93706 9. DAWSON-MAULDIN CONSTRUCTION, INC. P.O, BOX 8397 HUNTTNGTON BEACH, CA.92615 $2',093',523'10 Note: Federallv Funded. Each bidder has agreed to allow the City sixty-four (64) days from date bids are opened to accept or reject their bid proposal. Purchasing requests that you complete the following sections and return this bid evaluation to the Purchasing Division at the latest bv Wednesdav. Auqust 20, 2014, 5:00 P.M. The Engineer's Estimate for this expenditure is $1.810.000.00 . The contract price is 6.6 % below the Enginee/s Estimate. lf the overage is greater than 10o/o or only one bid was received, give explanation: K:\FORMS\EVALUATIONWithDB E EVALUATION OF BID PROPOSALS Page 2 FOR: HERNDON AVENUE WIDENING FROM BRAWLEY TO VALENTINE Bid File No. 3271-1193 Bid Opening 7122114 BACKGROUND OF PROJECT ln recent years the City of Fresno has experienced rapid growth causing an increase in the number of congestion problems throughout the City. Staff was able to secure Measure'C'and Regional Surface Transportation Program (RSTP) funding for this project in order to help implement the required congestion mitigation measures. The proposed improvements will relieve congestion and reduce delays by constructing additionaleastbound and westbound travel lanes and upgrading the existing traffic signal facilities. Additionally, the project will make improvements on the south side of Herndon by adding landscaping and a multi-purpose trail with barrier fence as facilitated by previous undergrounding of a portion of Fresno lrrigation District's Canal no. 124. DEPARTMENT CONCLUSIONS AND RECOMMENDATION: LXJ Award a contract in the amount of $1,689,986.00 to Emmett's Excavation. lnc. as the lowest responsive and responsible bidder. Remarks: Ll Reject all bids. Reason: Department Head Approval Tifle Açrl, ?ìrc'\sr Date KIFORMS\EVALUATIONW¡IhDBE EVALUATION OF BID PROPOSALS FOR: HERNDON AVENUE WIDENING FROM BRAWLEYTO VALENTINE Page 3 Bid File No. 3271-1193 Bid Opening 7122114 A DBE goal of 21o/o was established for this project. The recommended Contractor complied with the DBE requirements pursuant to the bid specifications. Date pprove Finance/Purchasing Recommendation [_] Disapprove Approve Dept. Recommendation Ll Disapprove u See Attachment FINANCE DEPARTMENT /,/ CITY MANAGER K:\FORMS\EVALUATIONWithDBE FISCAL IMPACT STATEMENT PROGRAM: PWOO582 - HERNDON AVENUE WIDENING FROM BRAWLEY TO VALENTINE RECOMMENDATION Direct Cost lndirect Cost TOTAL COST Additional Revenue or Savings Generated Net City Cost Amount Budgeted (lf none budgeted, identify source) Preliminary Engineering Right-of-Way Construction Engineering Contingency Total TOTAL OR CURRENT $1.689.986.00 $1.261,414.00 $2.951.400.00 $2.951.400.00 $289,100.00 $710,000.00 $93,300.00 s169.014.00 $1,261,414.O0 ANNUALIZED COST K:\FORMS\EVALUATIONWithDBE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-276 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:Jeff Cardell,Director Personnel Services Department SUBJECT *RESOLUTION - Adopt the First Amendment to the FY15 Salary Resolution No. 2014-108, reducing benefits and increasing salary ranges for Unit 2 (unrepresented) employees; adding new classifica- tions of represented employees; modifying salaries to reflect change in minimum wage; additional technical changes1st Amendment to Salary Resolution No. 2014-108 RECOMMENDATION It is recommended the City Council adopt the First Amendment to Salary Resolution No. 2014-108. EXECUTIVE SUMMARY The First Amendment to Salary Resolution No.2014-108 reflects salary adjustments which have been negotiated with respective bargaining units;creation of new classes;modification of Unit 2 salary ranges and benefits;clarification and modification of existing provisions;and minor housekeeping items. BACKGROUND The Salary Resolution of the Council of the City of Fresno establishes rules for the application of City employee compensation rates and schedules and related requirements,as well as exhibiting the compensation rates which have previously been authorized by Council in resolutions of Memoranda of Understanding. Attached is the First Amendment to Salary Resolution No. 2014-108. Following is a summary of changes incorporated in the First Amendment to Salary Resolution No. 2014-108: A.In Exhibit 3 -The classes of Commercial Building Inspector and Senior Commercial Building Inspector have been added.The meet and confer process has been completed with the bargaining units. B.In Exhibit 3 -The job titles of Identification Technician I,Identification Technician II,and City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-276 Agenda Date:8/28/2014 Agenda #: B.In Exhibit 3 -The job titles of Identification Technician I,Identification Technician II,and Identification Technician III have been retitled to Crime Scene Technician I,Crime Scene Technician II,and Senior Crime Scene Technician,respectively.The meet and confer process has been completed with the bargaining units. C.In Exhibit 13-1 -The class of Supervising Commercial Building Inspector has been added.The meet and confer process has been completed with the bargaining units. D.In Exhibit 13-1 -The class of Supervising Identification Technician has been retitled to Supervising Crime Scene Technician.The meet and confer process has been completed with the bargaining units. E.In Exhibit 2 the salary ranges have been modified to address compaction with the represented units and provide more meaningful ranges.In Exhibit 14,the range number assigned to the salary range for this unit has been modified consistent with the “E”range number in Unit 2.The salary ranges in Exhibits 4 and 9 have been updated consistent with the current Memoranda of Understanding. F.In Exhibit 8 -Salaries have been modified to reflect the change in minimum wage.To be more competitive,the salary rates for Background Investigator and Student Bus Driver have been modified. G.Narrative Section -Changes made to benefits in Unit 2,Non-represented employees regarding holiday leave accruals,annual leave accruals for new employees,annual leave caps,Health & Welfare premiums,pension contribution for new employees,leave cash outs,Workers’ Compensation,deferred compensation,supplemental sick leave,supplemental administrative leave, and bilingual pay. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Approval of this Amendment to the Salary Resolution is estimated to result in savings of approximately $279,200 for all funds or approximately $199,600 in the General Fund in FY 2015. Attachments:Final Version First Amendment to Salary Resolution 2014-108 Redline Version First Amendment to Salary Resolution 2014-108 City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ First Amendment to Salary Resolution 2014-108 Resolution No. Fiscal Year 2015 (July 1, 2014 – June 30, 2015) Salary Resolution Personnel Services Department FY15 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................. 1 SECTION 2. – SALARY STEP PLAN ........................................................................... 1 SECTION 3. – MONTHLY RATES OF PAY ................................................................. 4 SECTION 4. – EXEMPT JOB CLASSES ..................................................................... 4 SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES ....................................................................................... 5 SECTION 6. – FLEXIBLE STAFFING .......................................................................... 5 SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .. 5 SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............. 6 SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 6 SECTION 10.– ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 7 SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ..................................... 9 SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ... 10 SECTION 13. – VACATION BALANCES FOR EMPLOYEES IN EXHIBIT 2 ............... 10 SECTION 14. – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ...... 11 SECTION 15. – SALARY RATES ................................................................................ 11 SECTION 16. – DEGREE AND CERTIFICATE PAY ................................................... 11 SECTION 17. – BILINGUAL CERTIFICATION PROGRAM ......................................... 11 SECTION 18. – SHIFT DIFFERENTIAL PAY .............................................................. 12 SECTION 19. – SPLIT SHIFT PAY .............................................................................. 13 SECTION 20. – BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2 .............................................. 13 SECTION 21.– BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES ..................................................................................... 15 SECTION 22. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES 16 SECTION 23. – UNUSUAL CIRCUMSTANCES ........................................................... 17 SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .................................................. 17 SECTION 25. – CONFLICTING RESOLUTIONS......................................................... 17 SECTION 26. – RESOLUTION EFFECTIVE DATE ..................................................... 17 SEE APPENDIX FOR FOOTNOTES Page 1.1 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, MAKING THE FIRST AMENDMENT TO RESOLUTION NO. 2014-108 ENTITLED “A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FY 2015” RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service; provided, however, that if any provisions of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) and currently in effect is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU or T & C shall prevail. SECTION 2. – SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions, unless modified by applicable MOU: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or his/her designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completio n of one (1) year of service at the second step. D. The fourth step shall be paid upon completion of one (1) year of service at the third step. E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. Unless modified by applicable MOU, employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. SEE APPENDIX FOR FOOTNOTES Page 1.1 H. Unless modified by applicable MOU, raises to the second, third, fourth, fifth, and sixth steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or his/her designee. A raise to any step may be made at any time by the City Manager or his/her designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service , except that where employees work a 56-hour work week, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I. 1. Unless modified by applicable MOU, an employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. 2. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. J. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date. K. A permanent employee, filling a position in a higher class on a temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Subsection I above. L. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate f or the class (“Y-rated”), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent on whose behalf it is authorized. M. Step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: SEE APPENDIX FOR FOOTNOTES Page 1.1 At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date, for purposes of future step increases in the class. N. Transfer to a new classification in which no salary change occurs shall result in a new anniversary date upon which advancement to the next step shall be calculated . O. In lieu of a Salary Step Plan, an Executive Pay Range Plan for certain classes is set forth in Exhibit 2. 1. For purposes of calculating retirement benefits for any employee retired from one of the classes in the Executive Pay Range Plan prior to the effective date of the Executive Pay Range Plan, the highest step for the class shall be equal to the control point as established by these rules and regulations. The D, C, B, and A steps shall be five percent (5%) below the respective preceding steps. In those classifications for which an “F” step exists, the “F” step for the class shall be equal to the control point as established by these rules and regulations. The E, D, C, B, and A steps shall be five percent (5%) below the respective preceding steps unless modified by the respective MOU. 2. The salary for each executive employee in the E1 through E12 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee, except for those ranges established by an MOU. SEE APPENDIX FOR FOOTNOTES Page 1.1 The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. 3. For purposes of calculating retirement benefits for any employee in a class in t he Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. P. After any permanent employee holding a position in Exhibit 2 has completed ten (10) full working days of service in a higher class pursuant to one or more such assignments, the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. Except where provided herein, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. SECTION 3. – MONTHLY RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. SECTION 4. – EXEMPT JOB CLASSES Employees in classes listed in any salary resolution or approved MOU whose job codes are marked with a small “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the F LSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. SEE APPENDIX FOR FOOTNOTES Page 1.1 Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART -TIME EMPLOYEES Temporary and part-time employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class. SECTION 6. – FLEXIBLE STAFFING An employee holding a permanent appointment in a position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director recommends such appointment. Such appointments may be made without regard to the number of positions listed for that class in the Position Authorization Resolution of the current budget, provided that the number of employees assigned to all classes in the group is authorized in the Position Authorization Resolution of the budget. SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per work week. The work week begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA work weeks. All employees working a 9/80 work schedule shall have an FLSA work week, which begins four (4) hours after the start time of the day of the week , which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 11 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and may elect to either take two (2) hours vacation, annual, holiday, or administrative leave or receive two (2) hours leave without pay if on a 4/10 schedule, or one (1) hour vacation, annual, holiday, or administrative leave or receive one (1) hour leave without pay if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight SEE APPENDIX FOR FOOTNOTES Page 1.1 (8) hours of holiday leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of holiday leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of annual leave per month as under a 5/8 plan. Annual leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of sick leave per month, and receive sick leave pay for the actual number of hours absent , provided the employee has a sufficient balance of sick leave hours. 2. Vacation: Employees on a 4/10 or 9/80 plan shall accumulate the same number of hours vacation per month as under a 5/8 plan. Vacation leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of vacation leave hours. SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 Full time employees permanently appointed to positions in classes, which are included in Exhibit 2 who are not entitled to payment for, or equivalent compensatory time off for overtime work (as described in Section 4.), shall be granted administrative leave, or as may be provided below. A balance of 60 hours shall be credited to each such employee as of the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of administrative leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of administrative leave for each full month of such provisional or limited appointment. Administrative leave not taken during the fiscal year in which it is credited shall not be added to the leave credited in the next fiscal year. Employees may request payment and be compensated for up to forty-eight (48) hours of administrative leave during the fiscal year in which it is credited, subject to rules established by the City Manager. Employees shall be compensated for any administrative leave balance, not to exceed sixty (60) hours, upon termination from City service. Administrative leave shall be scheduled at the convenience of the department. Approval by the City Manager or his/her designee must be obtained before an appointing authority may take such leave. Employees with Supplemental Administrative Leave earned in fiscal year 2014 must use such leave prior to June 30, 2015. SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 SEE APPENDIX FOR FOOTNOTES Page 1.1 A. Employees holding a permanent appointment in a class included in Exhibit 2 who are not participating in the annual leave plan and who meet the eligibility criteria in Section 20(F), shall, upon separation from City service, if eligible for service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated sick leave balances in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 20(F). B. Family Sick Leave: Employees holding a permanent appointment in a class included in Exhibit 2, who are not participating in the annual leave plan , shall be allowed to use up to 48 hours of accumulated sick leave per fiscal year for Family Sick Leave , and up to 20 hours of supplemental sick leave in accordance with the provisions for such leave . The purpose of this benefit is to allow employees tim e to care for members of their immediate family or domestic partners (as defined by the FMC and California Labor Code Section 233). Family Sick Leave may be used to actually care for or arrange for the care of family members or domestic partners who are ill and cannot care for themselves, or to take family members or domestic partners to routine medical or dental appointments. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Family Sick Leave shall be authorized and recorded by an appointing authority or designee. SECTION 10. – ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMC Section 3-107, and Vacation Leave, as provided in Section 21, Subsection B of this Salary Resolution and FMC Section 3-108. A. For employees on a 40 hour work schedule, the annual leave plan shall be as follows: 1. Annual Leave Accrual – Vacation leave and sick leave will no longer be accumulated as provided in the FMC, but as detailed below. Except for Administrative Orders 2-20 (Sick Leave Policy) and 2-19.1 (Attendance Policy) and any other exceptions noted herein, all other provisions of the FMC, City administrative orders, policies, procedures, rules and regulations concerning leave administration will continue to apply. Employees holding a permanent appointment in a class included in Exhibit 2, who are participating in the annual leave plan, shall be allowed to use up to the hours of annual leave accumulated in six (6) months for Family Sick Leave. a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual accrual rate to the same level for Non-Represented employees. SEE APPENDIX FOR FOOTNOTES Page 1.1 For such employees who have been continuously employed by the City for less than ten (10) years and became permanent City employees on or after August 31, 2014, the annual leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual leave accrual rate to the same level for Non -Represented employees. For such employees who have been continuously employed by the City for ten (10) years or more and became permanent City e mployees on or after August 31, 2014, the annual leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, the accumulation of unused annual leave will not exceed 1,200 hours for employees in the E1, E2, and E3 ranges; 1,000 hours for employees in the E4 range; and 840 hours for employees in Executive Pay ranges E6 through E12. In the event an employee has an annual leave balance over the limits listed above, accruals will cease until the balance is under the limit. d. Use of Annual Leave – Annual leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. e. Transfer – An employee transferring to a position in a bargaining group , which is not covered by annual leave may either cash out his or her unused annual leave balance at his or her applicable base rate of pay, or have the unused annual leave b alance converted to a non-accruing annual leave balance of hours. The conversion is obtained by multiplying unused annual leave hours by the applicable class’s base rate of pay (converted to an hourly figure), dividing the product by the transfer class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee. f. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten (10) Conversion example: 100 unused hrs x $15.00 (base rate) = 75 hrs placed in non-accruing $20.00 (Transfer class base rate) annual leave balance account SEE APPENDIX FOR FOOTNOTES Page 1.1 percent of their annual leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. g. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused annual leave balances at their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. 2. Vacation Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused vacation leave balances transferred into their annual leave account. 3. Sick Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused sick leave balances frozen. a. Use of Frozen Sick Leave – Except for usage permitted by California Labor Code Section 233 (Sick Leave; Use to Attend to Illness in Family) and Special Sick Leave, frozen sick leave balances may only be used by the employee for a medically verified extended illness over 24 consecutive work hours. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service, if eligible for service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 20(F) shall be credited with the number of accumulated frozen sick leave balances in excess of 240 hours at the time of retirement multiplied by (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 20(F). 4. Pensionability – Monies payable under the annual leave program will not be considered pensionable for retirement purposes. SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 All employees in classes or positions listed in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116 except February 12 (Lincoln’s Birthday) and September 9 (Admissions Day). Employees may request payment and be compensated for up to 48 ho urs or ten (10) percent of their holiday leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30 .. Upon separation from City service, employees will be compensated f or all unused holiday balances at their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwi se eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to his or her holiday balance on the first day of the pay period following the dat e of such work. When a SEE APPENDIX FOR FOOTNOTES Page 1.1 holiday falls on Saturday, or falls on the employee’s day off if the employee does not work a Monday through Friday schedule, such employee shall receive eight (8) hours holiday leave. SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to positions/classifications set forth in Exhibit 2 shall receive 40 hours of supplemental sick leave each fiscal year with an accrual limit of 80 hours. Supplemental sick lea ve hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees in Unit 2 will retain all supplemental sick leave hours already earned and may continue to utilize the hours: (1) once regular sick or annual leave has been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City if not eligible for participation in the HRA; (4) may be used in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in a HRA in accordance with Section 20(F); or (6) up to 20 hours per fiscal year for Family Sick Leave used only for those purposes defined in the California Labor Code 233. Use of Family Sick Leave shall be authorized and recorded by the department director or designee. Payment received under this provision will not be considered pensionable for retirement purposes. SECTION 13. – VACATION BALANCES FOR EMPLOYEES IN EXHIBIT 2 A. Eligible employees in classes listed in Exhibit 2 who are not participating in the annual leave plan, shall accumulate vacation leave as provided in FMC Section 3 -108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused vacation leave credit for 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused vacation leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31 of that year, the employee has a balance of 240 or more hours of sick leave. All other provisions of FMC Section 3-108 shall apply. Payment received under this provision will not be considered pensionable for retirement purposes. B. Reduction in Force An employee in a class in Exhibit 2 who is not participating in the annual leave plan who is either demoted or transferred to a non-management class as a result of a reduction- in-force, pursuant to the provisions of FMC Section 3-291, may use any hours in the employee’s Vacation Leave balance that exceed the maximum allowable within one (1) year following the effective date of the bump or transfer, or request a payoff for those hours above the applicable maximum. The employee must ei ther use or request a pay off prior to June 30 of the fiscal year in which the hours were credited, of any remaining Administrative Leave balance. SEE APPENDIX FOR FOOTNOTES Page 1.1 Requests for payoff of excess Vacation Leave hours and/or Administrative Leave must be submitted prior to the effective date of the bump or transfer. SECTION 14. – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees who are designated as exempt from overtime under the provisions of the FLSA and who receive administrative leave pursuant to Sect ion 8, may be granted Administrative Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Administrative Time Off shall not be deducted from any existing leave banks. Administrative Time Off must be scheduled in advance when possible, approved as Administrative Time Off by the employee’s supervisor or de signee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Administrative Time Off for a full day’s absence. SECTION 15. – SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Police Non-Management EXHIBIT 5 Fire Non-Management EXHIBIT 6 Transit EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 12 Board and Commission Members and Elected Officials EXHIBIT 13-1 Management Non-Confidential EXHIBIT 13-2 Non-Management Confidential EXHIBIT 14 Management Confidential EXHIBIT 15 Airport Public Safety Supervisors SECTION 16. – DEGREE AND CERTIFICATE PAY Each employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. SECTION 17. – BILINGUAL CERTIFICATION PROGRAM SEE APPENDIX FOR FOOTNOTES Page 1.1 The bilingual certification program consists of a City administered examination process whereby employees may apply for a bilingual examination in November, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable unless otherwise required under the Fresno Municipal Code or under law. In conjunction with the Director of Personnel Services, department directors or their designees shall annually designate those positions or assignments for which bilingual skills are desired. A. Bilingual certification examinations will be conducted once per year in December. During the examination noticing period, examination applications will be available at the Personnel Services Department and City department personnel units. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. B. In order to qualify for the examination in December, the application must be received by the Personnel Services Department during the month of November, but no later than the last regular business day of November. C. In the event that an employee is hired, in part, because of bilingual skills, the Personnel Services Department may conduct a special examination for the employee outside of the window noted above. The determination will be made upon request by the Department/Division and approval by the Personnel Services Director. D. This bilingual certification program and application deadlines are not subject to the grievance or appeal process. E. Bilingual certification examinations are conducted for Cambodian, Hmong, Laotian, Sign, Spanish and Vietnamese languages. F. The bilingual premium pay rate for certified permanent employees is one hundred dollars ($100) per month, regardless of how many langu ages for which an employee is certified. G. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. H. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. I. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 18. – SHIFT DIFFERENTIAL PAY Unless modified by applicable MOU, each employee not represented by a recognized employee organization who is required to work a night shift where at least four (4) or more hours worked occur after 5:00 p.m. and before 8:00 a.m., shall be paid an additional $1.00 for each shift so worked. SEE APPENDIX FOR FOOTNOTES Page 1.1 SECTION 19. – SPLIT SHIFT PAY Each employee who holds a permanent appointment to a position in a class listed in an exhibit attached to this resolution, except any member of a class marked with a small “e,” a Bus Driver, or a uniformed member of the Fire or Police Department, who is required to work a split shift in excess of nine (9) hours, shall be paid $1.00 per hour for each shift so worked. SECTION 20. – BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2 A. Effective September 1, 2014, the City’s contribution towards employee health insurance is 75 percent of the premium established by the Fresno City Employees Health and Welfare Trust Board, and the employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The cost of any future increases in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at 30 percent, the City shall pay seventy percent (70%). Should any represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. Benefits, including City contributions to deferred compensation, vehicle allowance, relocation expenses, and other such negotiated items, shall not be calculated as part of the base salary or salary ranges. C. Pay for performance bonuses for exempt employees shall be considered pensionable compensation for calculation of retirement benefits, but shall not be included as part of the base salary or salary ranges. D. Employees in Unit 2 who are in job classes with a salary range between E6 and E12 are eligible to receive up to fifty dollars ($50) per month into the City Sponsored Deferred Compensation plan. Employees not currently participating in the plan will be required to complete a Participation Agreement. E. Permanent employees in Unit 2 hired on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one -half percent (1.5%) contribution in cash. The one and one -half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution SEE APPENDIX FOR FOOTNOTES Page 1.1 account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. F. The City currently maintains a HRA (HRA) that qualifies as a “health reimbursement arrangement” as described in Internal Revenue Service (IRS) Notice 2002 -45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service reti rement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen sick leave and/or annual leave used for sick time and/or sick leave and/or vacation leave used for sick ti me (excluding only hours used for Workers’ Compensation benefits) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: • The number of accumulated supplemental sick leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with annual leave, the number of accumulated frozen sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • For those with vacation/sick leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable Exhibit, multiplied by 12 months then divided by 2,080 hours. The accounts may be book accounts only - or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued supplemental sick leave or frozen sick leave or sick leave at retirement. G. On September 15, 2011, the City Council adopted Resolution No. 2011 -193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). SEE APPENDIX FOR FOOTNOTES Page 1.1 Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre - concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA at retirement. This section shall also be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 21. – BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES A. Benefits for the Police Cadet series shall be as follows: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent position in the Police Department. Failure to successfully complete the on-going training program will be cause for termination pursuant to FMC 3-266. 2. Upon appointment to a permanent position, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or othe r benefits. 3. Workers’ Compensation Benefits shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 5. Actual hours worked in excess of 40 hours a week shall be compensated as overtime. Overtime shall be at one and one-half (1.5) times the base rate of pay. 6. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or authorized designee. B. Benefits for Permanent Intermittent (hereafter “PI”) and Permanent Part-Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare a. The City shall contribute toward the premium required by the Fresno City Employees Health and Welfare Trust, an amount of money on behalf of the employee in proportion to the number of hours scheduled for that SEE APPENDIX FOR FOOTNOTES Page 1.1 position, as reflected in the adopted budget. The City shall make such contribution only on the condition that the employee agrees to contribute to the Fresno City Employees Health and Welfare Trust the difference between such City contribution and the amount required by the Trus t for the level of benefits provided. If the employee does not so agree, then the City shall make no contribution for Health and Welfare for such employee. Election to pay such difference shall be made within 30 days of appointment. b. An employee who declines to participate in the health plan at employment may elect to participate each year thereafter during the annual open enrollment period or within 30 days from the day of a qualified change in status. Participation at any time shall be done by deduc tion from the employee’s paycheck. 2. PI employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the City retirement system and shall be provided with Social Security benefits. 3. Workers’ Compensation Benefits for PI and PPT employees shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. PI and PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 5. Holidays a. PI employees shall accumulate holiday leave at the rate of seven and one- thirds (7 1/3) hours for each 173 hours of non-overtime work. b. PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 6. Leave for PPT Employees in Exhibit 2 PPT employees appointed to positions in classes, which are included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. SECTION 22. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES The City of Fresno will extend salary and benefits to permanent City employees while they are serving in active military duty on deployments of more than thirty -one (31) days as the result of the ongoing Middle Eastern conflict, as follows: SEE APPENDIX FOR FOOTNOTES Page 1.1 A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health & Welfare Trust; and C. Continued accrual of vacation, sick leave, annual leave and/or administrative leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 23. – UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY Notwithstanding the provisions of FMC Section 3-118, an employee in the unrepresented management group who sustains an injury or illness in the course and scope of City employment shall receive 66.67 % of average weekly earnings in the fifty-two weeks prior to the injury from the City, beginning on the fourth calendar day of such absence and continui ng thereafter, unless hospitalized on the first day for at least 24 hours or unless the absence exceeds 14 calendar days, in which case the employee shall receive the 66.67 percent from the first day. At the employee’s option, in the event that pay from the City is not provided during the first three (3) days of absence due to injury, the employee may take frozen sick leave for that period. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State mandated workers’ compe nsation rate of payment be adjusted, the City shall adjust the rate provided for in this Section accordingly. SECTION 25. – CONFLICTING RESOLUTIONS Resolution No. 2013-101, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU, are hereby repealed. SECTION 26. – RESOLUTION EFFECTIVE DATE This resolution shall become effective and in full force and effect on July 1, 2014. SEE APPENDIX FOR FOOTNOTES Page 1.1 EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airport Maintenance Leadworker 310010 6 3393 3562 3741 3930 4123 Airports Building Maintenance Technician 310011 12 3204 3365 3535 3710 3896 Airports Operations Specialist 310012 6 3077 3233 3393 3562 3741 Automotive Parts Leadworker 145006 6 3322 3489 3664 3847 4040 Automotive Parts Specialist 145005 6 3015 3164 3322 3489 3664 Body & Fender Repairer 320036 6 3854 4047 4250 4463 4685 Body & Fender Repairer Leadworker 320037 6 4250 4463 4685 4920 5168 Body & Fender Repairer Trainee 320035 6 3495 3670 3854 4047 4250 Brake & Front End Specialist 710085 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic 320031 6 3854 4047 4250 4463 4685 Bus Air Conditioning Mechanic Leadworker 320032 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic Trainee 320030 611 3495 3670 3854 4047 4250 Bus Equipment Attendant Leadworker 320040 6 3042 3196 3358 3525 3701 Bus Mechanic I 3200202 - 3495 3670 3854 4047 4250 Bus Mechanic II 320021 6 3854 4047 4250 4463 4685 Bus Mechanic Leadworker 320022 6 4250 4463 4685 4920 5168 Collection System Maintenance Operator I 6300032 - 2656 2778 2905 3038 3181 Collection System Maintenance Operator II 630001 12 3288 3451 3625 3804 3996 Collection System Maintenance Operator III 630002 12 3625 3804 3996 4195 4407 Combination Welder II 710065 6 3854 4047 4250 4463 4685 Combination Welder Leadworker 710066 6 4250 4463 4685 4920 5168 Communications Technician I 7100502 - 3835 4026 4226 4436 4660 Communications Technician II 7100514 12 4226 4436 4660 4892 5138 Cross Connection Control Technician 610040 6 3814 4007 4207 4419 4641 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, a s defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing wil l not serve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 1.2 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Custodian 810001 12 2368 2477 2598 2716 2841 Electronic Equipment Installer 710060 6 3085 3240 3402 3570 3751 Equipment Service Worker I 710075 12 2459 2579 2710 2845 2985 Equipment Service Worker II 710076 6 3219 3380 3549 3729 3915 Fire Equipment Mechanic I 420010 6 3495 3670 3854 4047 4250 Fire Equipment Mechanic II 420011 6 3854 4047 4250 4463 4685 Fire Equipment Mechanic Leadworker 420012 6 4250 4463 4685 4920 5168 Heavy Equipment Mechanic I 7101002 – 3495 3670 3854 4047 4250 Heavy Equipment Mechanic II 710101 6 3854 4047 4250 4463 4685 Heavy Equipment Mechanic Leadworker 710102 6 4250 4463 4685 4920 5168 Heavy Equipment Operator 710025 6 3854 4048 4252 4464 4686 Helicopter Mechanic 410040 12 3854 4047 4250 4463 4685 Helicopter Mechanic Leadworker 410041 12 4250 4463 4685 4920 5168 Instrumentation Specialist 620025 6 4296 4508 4734 4971 5222 Instrumentation Technician 620026 12 3765 3953 4152 4359 4577 Irrigation Specialist 510005 6 3317 3482 3658 3841 4033 Laborer 710005 12 2656 2778 2905 3038 3181 Light Equipment Mechanic I 7100952 – 3495 3670 3854 4047 4250 Light Equipment Mechanic II 710096 6 3854 4047 4250 4463 4685 Light Equipment Mechanic Leadworker 710097 6 4250 4463 4685 4920 5168 Light Equipment Operator 710020 6 3393 3562 3741 3930 4127 Locksmith 810015 6 3204 3365 3535 3710 3896 Maintenance & Construction Worker 710015 6 3077 3233 3393 3562 3741 Maintenance & Service Worker 710001 6 2281 2395 2515 2643 2775 Maintenance Carpenter I 810020 6 3526 3702 3888 4083 4288 Maintenance Carpenter II 810021 6 3888 4083 4288 4503 4730 Park Equipment Mechanic II 710110 6 3496 3669 3854 4047 4250 SEE APPENDIX FOR FOOTNOTES Page 1.3 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Park Equipment Mechanic Leadworker 710111 6 3854 4047 4250 4463 4685 Parking Meter Attendant I 7101254 124 2552 2680 2815 2954 3101 Parking Meter Attendant II 7101264 124 2815 2954 3101 3259 3422 Parking Meter Attendant III 710127 6 3101 3259 3422 3592 3772 Parks Maintenance Worker I 510001 12 2596 2727 2862 3007 3157 Parks Maintenance Worker II 510002 6 3144 3301 3467 3639 3822 Parks Maintenance Leadworker 510003 6 3317 3482 3658 3841 4033 Power Generation Operator/Mechanic 620055 6 4180 4389 4608 4839 5082 Property Maintenance Worker 810006 12 3302 3467 3641 3823 4013 Property Maintenance Leadworker 810007 6 3535 3710 3896 4091 4297 Roofer 810010 6 3204 3365 3535 3710 3896 Senior Communications Technician 710052 6 4660 4892 5138 5396 5668 Senior Custodian 810002 6 2493 2617 2747 2889 3031 Senior Heavy Equipment Operator 710026 6 4743 4984 5231 5492 5769 Senior Wastewater Mechanical Specialist 620062 6 4180 4389 4608 4839 5082 Senior Wastewater Treatment Plant Operator 620043 6 4397 4616 4848 5090 5345 Solid Waste Safety & Training Specialist 640005 6 3657 3840 4034 4237 4448 Street Maintenance Leadworker 710040 6 3393 3562 3741 3930 4127 Street Sweeper Lead Operator 710036 6 3529 3705 3892 4085 4291 Street Sweeper Operator II 710035 6 3200 3361 3529 3705 3892 Tire Maintenance & Repair Technician 710081 6 3109 3264 3429 3600 3780 Tire Maintenance Worker 710080 6 2847 2987 3139 3298 3462 Traffic Maintenance Leadworker 710046 6 3419 3590 3770 3959 4157 Traffic Maintenance Worker I 7100444 124 2819 2961 3108 3263 3429 Traffic Maintenance Worker II 710045 6 3099 3254 3419 3590 3770 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not s erve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Tree Trimmer Leadworker 510010 6 3562 3741 3930 4127 4333 Utility Leadworker 710010 6 3082 3224 3379 3535 3701 Waste Collector II 640020 6 2770 2906 3051 3205 3365 Waste Collector Leadworker 640021 6 3205 3365 3534 3709 3897 Waste Container Maintenance Assistant 640010 6 2711 2846 2986 3137 3297 Waste Container Maintenance Worker 640011 6 3190 3348 3515 3692 3879 Wastewater Distributor 620050 6 2739 2881 3023 3175 3334 Wastewater Lead Distributor 620051 6 3262 3425 3596 3776 3965 Wastewater Mechanical Specialist 620061 6 3900 4095 4300 4514 4740 Wastewater Mechanical Technician 620060 6 3097 3240 3387 3549 3720 Wastewater Treatment Plant Operator-In- Training 6200401 – 2739 2881 3023 3175 3334 Wastewater Treatment Plant Operator I 620041 6 3375 3544 3722 3908 4102 Wastewater Treatment Plant Operator II 620042 6 3788 3978 4180 4385 4607 Water System Operator I 610025 6 3337 3505 3678 3862 4057 Water System Operator II 610026 6 3701 3887 4080 4286 4501 Water System Operator III 610027 12 4653 4887 5133 5388 5657 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e – E7 6905 - 9717 Assistant City Attorney 160008e – E4 8970 - 12621 Assistant City Manager 150135e7 – E2 12590 - 17625 Assistant Controller 135020e – E4 8970 - 12621 Assistant Director 150160e -- E4 8970 - 12621 Assistant Director of Personnel Services 150043e – E4 8970 - 12621 Assistant Director of Public Utilities 620100e – E4 8970 - 12621 Assistant Director of Public Works 210089e – E4 8970 - 12621 Assistant Police Chief 415010e – E4 8970 - 12621 Assistant Retirement Administrator 135040e – E7 6905 - 9717 Budget Analyst 135006e 12 E11 3830 - 5390 Budget Manager 135008e – E4 8970 - 12621 Chief Assistant City Attorney 160015e – E3 10946 - 15325 Chief Information Officer 125067e – E3 10946 - 15325 Chief of Staff to the Mayor 150123e – E4 8970 - 12621 City Attorney 160009e - E1 14475 - 20270 City Clerk 150125e – E6 7984 - 11235 City Engineer 210080e – E3 10946 - 15325 City Manager 150130e - E1 14475 - 20270 Community Coordinator 150075e – E11 3830 - 5390 Community Outreach Specialist 150230e – E11 3830 - 5390 Controller 135021e – E3 10946 - 15325 Council Assistant 150085e – E9 2840 - 8834 Deputy City Attorney II 160006e – E10 5714 - 8000 Deputy City Attorney III 160007e – E8 5000 - 8834 Deputy City Manager 150140e – E7 6905 - 9717 Director 150170e -- E3 10946 - 15325 Director of Aviation 310045e – E3 10946 - 15325 SEE APPENDIX FOR FOOTNOTES Page 2.2 e Exempt class, see Narrative Section 4. 7 Only applicable pursuant to employment agreements. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Development 220020e – E3 10946 - 15325 Director of Personnel Services 150042e – E3 10946 - 15325 Director of Public Utilities 620101e – E3 10946 - 15325 Director of Transportation 310040e – E3 10946 - 15325 Economic Development Coordinator 150090e – E8 5000 - 8834 Economic Development Director 150099e – E3 10946 - 15325 Executive Assistant to Department Director 115003e – E12 3683 - 5133 Executive Assistant to the City Manager 115001e – E12 3683 - 5133 Fire Chief 425007e – E3 10946 - 15325 Governmental Affairs Manager 150240e – E8 5000 - 8834 Human Resources Manager 150025e – E7 6905 - 9717 Independent Reviewer 150220e – E6 7984 - 11235 Internal Auditor 135010e 12 E11 3830 - 5390 Labor Relations Manager 150030e – E7 6905 - 9717 Labor Relations Secretary 115010e 12 E12 3683 - 5133 Police Chief 415008e7 – E2 12590 - 17623 Principal Budget Analyst 135009e – E7 6905 - 9717 Principal Internal Auditor 135011e – E8 5000 - 8834 Public Affairs Officer 150118e – E8 5000 - 8834 Public Works Director 210085e – E3 10946 - 15325 Redevelopment Administrator 150080e – E4 8970 - 12621 Retirement Administrator 135030e – E3 10946 - 15325 Risk/Safety Manager 150035e – E7 6905 - 9717 Senior Budget Analyst 135007e – E8 5000 - 8834 Senior Deputy City Attorney 160013e – E7 6905 - 9717 SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Senior Human Resources/Risk Analyst 150017e – E8 5000 - 8834 Supervising Deputy City Attorney 160010e – E6 7984 - 11235 e Exempt class, see Narrative Section 4. 7 Only applicable pursuant to employment agreements. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an addit ional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PRO B PER A B C D E F Account Clerk I 1300013 63 2298 2407 2521 2642 2772 - Account Clerk II 1300023 123 2521 2642 2772 2901 3041 - Accountant-Auditor I 1300114 124 3426 3587 3759 3947 4138 - Accountant -Auditor II 1300124 124 3984 4173 4381 4593 4817 - Accounting Technician 130010 12 3041 3189 3343 3502 3674 - Administrative Clerk I 1100013 63 2125 2228 2333 2444 2561 - Administrative Clerk II 1100023 123 2333 2444 2561 2683 2815 - Airports Operations Officer 310006 12 3409 3579 3759 3948 4143 - Airports Property Specialist I 1750014 124 4057 4256 4464 4680 4911 - Airports Property Specialist II 1750024 124 4717 4947 5190 5442 5710 - Associate Electrical Safety Consultant I 230022 12 4544 4766 5000 5240 5498 - Associate Electrical Safety Consultant II 230023 12 4766 5000 5240 5498 5769 - Associate Environmental & Safety Consultant I 230003 12 4544 4766 5000 5240 5498 - Associate Environmental & Safety Consultant II 230004 12 4766 5000 5240 5498 5769 - Associate Plumbing & Mechanical Consultant I 230012 12 4544 4766 5000 5240 5498 - Associate Plumbing & Mechanical Consultant II 230013 12 4766 5000 5240 5498 5769 - Billing System Specialist 125075 12 3031 3179 3334 3489 3657 - Budget Technician 135005 12 3090 3238 3395 3559 3733 - Building Inspector I 2300074 124 4334 4544 4766 5000 5240 - Building Inspector II 2300084 124 4544 4766 5000 5240 5498 - Building Inspector III 230009 12 4766 5000 5240 5498 5769 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisf actory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serv e an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An emplo yee in this series must serve a minimum one year probationary period. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PRO B PER A B C D E F Buyer I 1400014 124 3564 3739 3921 4112 4312 - Buyer II 1400024 124 3921 4112 4312 4522 4743 - Call Center Representative I 1150703 63 2521 2642 2778 2901 3041 - Call Center Representative II 1150713 123 2772 2901 3041 3189 3343 - Central Printing Clerk 120005 12 2333 2444 2561 2683 2815 - City Records Specialist 115025 12 3090 3238 3395 3559 3733 - Commercial Building Inspector 230015 12 4453 4671 4899 5134 5388 - Community Recreation Assistant 520010 12 2547 2667 2781 2898 3029 - Community Revitalization Specialist 230053 12 4015 4226 4436 4654 4913 5121 Community Services Officer I 4100254 124 2650 2777 2909 3050 3196 - Community Services Officer II 4100264 124 2909 3050 3196 3351 3514 - Computer Systems Specialist I 1250104 124 3690 3867 4056 4254 4461 - Computer Systems Specialist II 1250114 124 4353 4564 4787 5021 5268 - Computer Systems Specialist III 125012 12 4893 5132 5385 5647 5926 - Construction Compliance Specialist 150055 12 3610 3779 3964 4157 4357 - Crime Scene Technician I 4100104 124 3450 3616 3791 3977 4171 - Crime Scene Technician II 4100114 124 3791 3977 4171 4373 4587 - Customer Services Clerk I 1150603 63 2298 2407 2521 2642 2772 - Customer Services Clerk II 1150613 123 2521 2642 2772 2901 3041 - Development Services Coordinator 230057 12 4220 4457 4679 4907 5147 - Emergency Services Dispatcher I 4100015 125 3145 3275 3416 3578 3732 - Emergency Services Dispatcher II 4100025 125 3376 3540 3714 3895 4077 - Emergency Services Dispatcher III 410003 12 3785 3964 4161 4358 4570 - SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an addi tional probationary period at the journey level. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PRO B PER A B C D E F Engineer I 2100154 124 4119 4317 4526 4748 4972 - Engineer II 2100164 124 4781 5007 5253 5504 5786 - Engineering Aide I 2100013 63 2676 2799 2933 3073 3224 - Engineering Aide II 2100023 123 3089 3238 3389 3552 3729 - Engineering Inspector I 2300754 124 4015 4224 4420 4632 4862 - Engineering Inspector II 2300764 124 4397 4610 4836 5072 5320 - Engineering Technician I 2100054 124 3162 3314 3479 3639 3815 - Engineering Technician II 2100064 124 3552 3729 3907 4095 4295 - Environmental Control Officer 620001 12 3961 4155 4351 4564 4783 - Facilities Construction Specialist 230085 12 4157 4356 4570 4790 5025 - Fire Prevention Inspector I 4200014 124 3662 3839 4019 4220 4427 - Fire Prevention Inspector II 4200024 124 4238 4436 4654 4886 5121 - Fleet Operations Specialist 710105 12 3843 4026 4225 4430 4647 - Geographic Information System (GIS) Specialist 125025 12 4893 5132 5385 5647 5926 - Graphics Technician 120013 12 3325 3491 3666 3849 4042 - Helicopter Pilot 410033 12 5118 5373 5642 5924 6220 - Housing Rehabilitation Specialist 230056 12 4128 4334 4551 4779 5018 - Industrial/Commercial Water Conservation Representative 610015 12 3961 4155 4351 4564 4783 - Inorganic Chemist 620020 12 4018 4216 4421 4636 4863 - Laboratory Assistant 620010 12 2754 2890 3027 3174 3327 - Laboratory Technician I 6200114 124 3327 3488 3657 3833 4018 - Laboratory Technician II 6200124 124 3657 3833 4018 4216 4421 - Landscape Water Conservation Specialist 610005 12 3868 4057 4255 4462 4679 - 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant* 115021 12 3285 3449 3622 3803 3993 - Network Systems Specialist 125030 12 4893 5132 5385 5647 5926 - PAR Program Specialist 410023 12 2909 3050 3196 3351 3514 - Paratransit Specialist 320005 12 3031 3179 3334 3489 3657 - Parking Controller I 7101204 124 2254 2349 2452 2553 2667 - Parking Controller II 7101214 124 2459 2567 2676 2788 2922 - Parking Controller III 710122 12 2676 2788 2922 3044 3180 - Phlebotomist 410007 12 2754 2890 3027 3174 3327 - Planner I 2200053 63 3592 3760 3945 4139 4341 - Planner II 2200063 123 4220 4457 4679 4907 5147 - Plans Examiner I 2100404 124 3583 3755 3938 4129 4333 - Plans Examiner II 2100414 124 4138 4334 4544 4766 5000 - Plans Examiner III 210042 12 4544 4766 5000 5240 5498 - Police Data Transcriptionist 115035 12 2815 2948 3090 3238 3395 - Principal Account Clerk 130004 12 3041 3189 3343 3502 3674 - Program Compliance Officer 640026 12 3339 3507 3683 3868 4061 - Programmer/Analyst I 1250204 124 3690 3867 4056 4254 4461 - Programmer/Analyst II 1250214 124 4353 4564 4787 5021 5268 - Programmer/Analyst III 125022 12 4893 5132 5385 5647 5926 - Programmer/Analyst IV 125023 12 5252 5511 5783 6064 6361 - Property & Evidence Technician 145010 12 3205 3360 3523 3695 3872 - Radio Dispatcher 120015 12 2683 2810 2931 3064 3195 - Rangemaster/Armorer 410035 12 3977 4171 4373 4587 4812 - Real Estate Finance Specialist I 1700014 124 3268 3426 3587 3763 3947 - Real Estate Finance Specialist II 1700024 124 3736 3917 4108 4307 4517 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is require d. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3103 3251 3409 3575 3746 - Retirement Counselor I 1350504 124 3041 3189 3343 3504 3674 - Retirement Counselor II 1350514 124 3343 3504 3674 3852 4041 - Safety Specialist 150050 12 3162 3313 3476 3644 3821 - Secretary 110050 12 2815 2948 3090 3238 3395 - Senior Account Clerk 130003 12 2772 2901 3041 3189 3343 - Senior Administrative Clerk 110003 12 2561 2683 2815 2948 3090 - Senior Buyer 140003 12 4312 4522 4743 4975 5217 - Senior Call Center Representative 115072 12 3158 3314 3480 3654 3837 - Senior Commercial Building Inspector 230016 12 4671 4899 5134 5388 5652 - Senior Community Revitalization Specialist 230054 12 4669 4902 5147 5445 5743 - Senior Community Services Officer 410027 12 3128 3278 3437 3602 3778 - Senior Crime Scene Technician 410012 12 3977 4171 4373 4587 4812 - Senior Customer Services Clerk 115062 12 2772 2901 3041 3189 3343 - Senior Engineering Technician 210007 12 4119 4317 4526 4748 4972 - Senior Fire Prevention Inspector 420003 12 4750 4978 5216 5472 5743 - Senior Laboratory Technician 620013 12 4018 4216 4421 4636 4863 - Senior Network Systems Specialist 125031 12 5252 5511 5783 6064 6361 - Senior Property & Evidence Technician 145011 12 3523 3695 3872 4060 4259 - Senior Records Clerk 110101 12 2683 2815 2948 3090 3238 - Senior Secretary 110051 12 3090 3238 3395 3559 3733 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3205 3360 3523 3695 3872 - Senior Utility Service Representative 230092 12 3251 3409 3575 3746 3931 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 5252 5511 5739 6064 6361 - Staff Assistant 150001 12 3031 3179 3334 3489 3657 - Storeskeeper 145001 12 2917 3059 3205 3360 3523 - Survey Party Technician 210030 12 3552 3729 3907 4095 4295 - Tax/Permit Representative 135001 12 3179 3334 3489 3657 3839 - Tree Program Specialist 510015 12 3868 4057 4255 4462 4679 - Utility Service Representative I 2300904 124 2695 2823 2958 3102 3251 - Utility Service Representative II 2300914 124 2958 3102 3251 3409 3575 - Wastewater Reclamation Coordinator 620035 12 4057 4256 4464 4680 4911 - Water Conservation Representative 610001 12 2667 2781 2898 3043 3179 - Water Systems Telemetry & Distributed Control Specialist 610021 12 4353 4564 4787 5021 5268 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 7/1/14 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4391 4611 – – – – Police Officer 415002 1210 5073 5327 5594 5874 6168 6477 Police Specialist 415003 – 5073 5327 5594 5874 6168 6477 Police Sergeant 415004 12 6115 6421 6743 7081 7436 7808 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 1/1/15 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4479 4703 – – – – Police Officer 415002 1210 5175 5434 5706 5992 6292 6607 Police Specialist 415003 – 5175 5434 5706 5992 6292 6607 Police Sergeant 415004 12 6238 6550 6878 7222 7584 7964 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.61 per hour Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 7/14/14 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 6 Unit 6 – Bus Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E F Bus Driver 320015 9 16.133711 17.969250 18.842250 19.737634 21.606750 22.692403 Bus Driver 320015 9 2797 3115 3266 3422 3746 3934 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective June 16, 2014 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6060 Concrete Finisher 730005 12 Flat Rate 5285 Electrician 730010 12 Flat Rate 5481 Painter 730015 12 Flat Rate 4816 Plumber 730030 12 Flat Rate 5481 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Airport Public Safety Officer 310002 – Flat Rate $28.32 Per Hour Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $9.00 Per Hour Information Services Aide 125001 – Hourly $9.00 - $22.00 Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $9.00-$9.50 Per Hour Police Cadet I 940005 – Hourly $9.92 - $12.48 Per Hour Police Cadet II 940006 – Hourly $12.49 - $16.00 Per Hour Pool Supervisor 950015 – Hourly $12.00-$22.00 Per Hour Senior Lifeguard 950002 – Hourly $9.50-$11.00 Per Hour Services Aide 910005 – Hourly $9.00 - $15.00 Per Hour Sports Official 950010 – $9.00 - $50.00 Per Game Student Aide II 910002 – Hourly $9.00 Per Hour Student Bus Driver 9300018 - Hourly $14.50 Per Hour 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 9 Unit 9 – Police Management effective 7/1/14 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,285 Police Captain 415006e 12 8709 9145 9603 10,084 10,589 10,944 Police Lieutenant 415005e 12 7563 7942 8340 8757 9195 9504 EXHIBIT 9 Unit 9 – Police Management effective 1/1/15 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,531 Police Captain 415006e 12 8884 9329 9796 10,286 10,801 11,163 Police Lieutenant 415005e 12 7715 8101 8507 8933 9380 9695 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 10 Unit 10 – Fire Management effective 2/10/14 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- 10,001 10,502 11,028 11,580 12,160 12,768 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 13-1.1 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5030 5277 5533 5806 6090 Airports Airside/Landside Superintendent 310018e 12 5191 5446 5714 5994 6288 Airports Projects Supervisor 310016e 12 5819 6105 6405 6719 7052 Airports Property Supervisor 175005e 12 5084 5334 5597 5872 6159 Architect 210045e 12 5267 5525 5797 6081 6380 Assistant Chief of Wastewater Treatment Operations 620079e 12 5361 5621 5897 6187 6490 Call Center Supervisor 115073e 12 3831 4017 4212 4415 4632 Capital Development Specialist 310007e 12 5385 5651 5930 6219 6525 Chief Engineering Inspector 230078e 12 5377 5641 5918 6209 6513 Chief Engineering Technician 210009e 12 6297 6606 6932 7274 7633 Chief of Facilities Maintenance 810037e 12 5848 6137 6438 6754 7086 Chief of Solid Waste Operations 640035e 12 5597 5872 6159 6462 6780 Chief of Wastewater Environmental Services 620075e 12 5597 5872 6159 6462 6780 Chief of Wastewater Facilities Maintenance 620085e 12 5848 6137 6438 6754 7086 Chief of Wastewater Treatment Operations 620080e 12 5914 6208 6512 6832 7168 Chief of Water Operations 610070e 12 6009 6304 6617 6942 7282 Chief Police Pilot 410031e 12 6606 6932 7274 7633 8011 Chief Surveyor 210032e 12 6606 6932 7274 7633 8011 Collection System Maintenance Supervisor 630005e 12 4691 4921 5162 5416 5682 Community Recreation Supervisor I 520015e 12 4075 4275 4484 4705 4933 Community Recreation Supervisor II 520016e 12 4471 4691 4922 5165 5416 Community Sanitation Supervisor I 720042e 12 4942 5183 5439 5705 5986 Contract Compliance Officer 150061e 12 4162 4364 4578 4804 5036 Custodial Supervisor 810025e 12 3417 3584 3758 3942 4131 DBE/Small Business Coordinator 150070e 12 4806 5039 5287 5546 5820 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 EXHIBIT 13-1 Unit 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Emergency Preparedness Officer 420020e 12 3915 4107 4307 4518 4738 Emergency Services Communications Supervisor 410004e 12 4388 4601 4825 5062 5310 Energy Efficiency Supervisor 230058e 12 4691 4921 5162 5416 5682 Equipment Supervisor 720031e 12 5327 5586 5860 6149 6451 Fire Prevention Engineer 210055e 12 5819 6105 6405 6719 7052 Fleet Administration Supervisor 720025e 12 5165 5416 5682 5961 6254 Forestry Supervisor I 510030e 12 4075 4275 4484 4705 4933 Forestry Supervisor II 510031e 12 4471 4691 4922 5165 5416 Housing Program Supervisor 230055e 12 5113 5366 5628 5904 6194 Human Resources Records Supervisor 115050e 12 4180 4385 4599 4823 5060 Industrial Electrician Supervisor 720020e 12 5588 5868 6161 6469 6794 Information Services Supervisor 125032e 12 6030 6326 6635 6962 7308 Laboratory Supervisor 620014e 12 4864 5102 5352 5615 5892 Parking Supervisor 720035e 12 3003 3147 3299 3459 3628 Parks Supervisor I 510025e 12 4075 4275 4484 4705 4933 Parks Supervisor II 510026e 12 4471 4691 4922 5165 5416 Planner III 220007e 12 4792 5028 5273 5533 5804 Power Generation System Supervisor 620056e 12 5327 5586 5860 6149 6451 Principal Accountant 130014e 12 5314 5575 5850 6137 6438 Professional Engineer 210100e 12 5819 6105 6405 6719 7052 Project Manager 150065e 12 5385 5651 5930 6219 6525 Records Supervisor 115045e 12 4180 4385 4599 4823 5060 Recycling Coordinator 640001e 12 4065 4263 4470 4688 4918 Revenue Supervisor 135025e 12 3831 4017 4212 4415 4632 Senior Accountant-Auditor 130013e 12 4410 4626 4853 5092 5339 Senior Building Inspector 230034e 12 4895 5136 5387 5652 5931 Senior Electrical Safety Consultant 230024e 12 4895 5136 5387 5652 5931 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 13-1.3 EXHIBIT 13-1 Unit 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Senior Engineering Inspector 230077e 12 4895 5136 5387 5652 5931 Senior Environmental & Safety Consultant 230005e 12 4895 5136 5387 5652 5931 Senior Plumbing & Mechanical Consultant 230014e 12 4895 5136 5387 5652 5931 Senior Real Estate Agent 170012e 12 5237 5493 5763 6047 6344 Solid Waste System Supervisor 640030e 12 4913 5154 5403 5670 5947 Street Maintenance Superintendent 720004e 12 6115 6420 6743 7080 7435 Street Maintenance Supervisor 720001e 12 5643 5921 6211 6516 6837 Supervising Buyer 140004e 12 4681 4911 5148 5402 5666 Supervising Commercial Building Inspector 230036e 12 4895 5136 5387 5652 5931 Supervising Crime Scene Technician 410013 12 4286 4496 4714 4946 5187 Supervising Engineering Technician 210008e 12 5544 5819 6105 6405 6719 Supervising Environmental Control Officer 620005e 12 4864 5102 5352 5615 5891 Supervising Fire Prevention Inspector 420005e 12 5125 5375 5642 5919 6210 Supervising Planner 220008e 12 5264 5522 5792 6076 6373 Supervising Plans Examiner 210044e 12 5385 5651 5930 6219 6525 Supervising Professional Engineer 210110e 12 6606 6932 7274 7633 8011 Supervising Real Estate Agent 170013e 12 5751 6034 6330 6641 6968 Survey Party Chief 210031e 12 4400 4614 4841 5076 5328 Transit Supervisor I 320050e 12 4913 5154 5403 5670 5947 Transit Supervisor II 320051e 12 5327 5586 5860 6149 6451 Treasury Officer 135015e 12 5314 5575 5850 6137 6438 Wastewater Treatment Maintenance Supervisor 620070e 12 5473 5741 6023 6320 6630 Water Conservation Supervisor 610045e 12 5473 5741 6023 6320 6630 Water System Supervisor 610055e 12 5473 5741 6023 6320 6630 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 13-2.1 EXHIBIT 13-2 Unit 13-2 – Non-Management Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Database Administrator 125045e 12 5574 5844 6132 6432 6748 Human Resources Analyst 150016e 12 3915 4107 4307 4518 4738 Legal Assistant 160001 12 3487 3656 3833 4021 4218 Legal Secretary I 115015 12 2878 3016 3161 3313 3475 Legal Secretary II 115016 12 3181 3336 3496 3665 3844 Management Analyst I 150020e4 124 3193 3349 3511 3683 3864 Management Analyst II 150021e4 124 3915 4107 4307 4518 4738 Risk Analyst 150010e 12 4303 4513 4733 4965 5209 Senior Database Administrator 125046e 12 6145 6439 6748 7071 7423 Senior Human Resources Technician 150014 12 3180 3333 3492 3662 3841 Systems Security Administrator 125050e 12 5055 5300 5562 5833 6119 e Exempt class, see Narrative Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. . 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 14.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Administrative Manager 220025e – E9 2840 - 8834 Airports Marketing & Public Relations Coordinator 310150e E9 2840 - 8834 Airports Operations Manager 310020e – E9 2840 - 8834 Airports Planning Manager 310019e – E9 2840 - 8834 Airports Properties Manager 310021e – E9 2840 - 8834 Assistant City Clerk 115030e – E9 2840 - 8834 Building & Safety Services Manager 230031e – E9 2840 - 8834 City Traffic Engineer 210076e – E9 2840 - 8834 Communications Manager 125060e – E9 2840 - 8834 Community Sanitation Manager 720040e – E9 2840 - 8834 Construction Manager 210096 -- E9 2840 - 8834 Division Manager 150024e – E9 2840 8834 Economic Development Analyst 150095e – E9 2840 - 8834 Facilities Manager 810040e – E9 2840 - 8834 Fleet Manager 720032e – E9 2840 - 8834 Grant Writer 150105e – E9 2840 - 8834 Housing & Neighborhood Revitalization Manager 230065e – E9 2840 - 8834 Information Services Manager 125055e – E9 2840 - 8834 Law Office Manager 115020e – E9 2840 - 8834 Management Analyst III 150022e – E9 2840 - 8834 Parks Manager 510035e – E9 2840 - 8834 Planning Manager 220010e – E9 2840 - 8834 Public Works Manager 210095e – E9 2840 - 8834 Purchasing Manager 140005e – E9 2840 - 8834 Recreation Manager 520025e – E9 2840 - 8834 Retirement Benefits Manager 135045e – E9 2840 - 8834 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Revenue Manager 135026e – E9 2840 - 8834 Sewer Maintenance Manager 630010e – E9 2840 - 8834 Solid Waste Manager 640040e – E9 2840 - 8834 Training Officer 150046e – E9 2840 - 8834 Transit Maintenance Manager 320060e – E9 2840 - 8834 Transit Operations Manager 320055e – E9 2840 - 8834 Wastewater Manager 620095e – E9 2840 - 8834 Water System Manager 610075e – E9 2840 - 8834 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 15.1 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6170 6480 6805 7144 7503 Airport Public Safety Supervisor** 310005 12 5396 5664 5949 6247 6557 * Hired before July 1, 2010 ** Hired after July 1, 2010 8/25/14 First Council Amendment Supersedes Original APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 Deleted July 1, 2010. Provision no longer in use. 7 Only applicable pursuant to employment agreements. 8 Deleted July 1, 2014. 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. e Exempt class, see Narrative Section 4. * * * * * * * * * CLERK’S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ______ day of __________, 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: ______________________________________, 2014 Mayor Approval/No Return: ______________________________________, 2014 Mayor Veto: ______________________________________, 2014 Council Override Vote: ______________________________________, 2014 YVONNE SPENCE, CMC City Clerk BY: __________________________ APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: _________________________________ Tina Griffin Supervising Deputy City Attorney Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ First Amendment to Salary Resolution 2014-108 Resolution No. Fiscal Year 2015 (July 1, 2014 – June 30, 2015) Salary Resolution Personnel Services Department FY15 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................. 1 SECTION 2. – SALARY STEP PLAN ........................................................................... 1 SECTION 3. – MONTHLY RATES OF PAY ................................................................. 5 SECTION 4. – EXEMPT JOB CLASSES ..................................................................... 5 SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES ....................................................................................... 6 SECTION 6. – FLEXIBLE STAFFING .......................................................................... 6 SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .. 6 SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............. 8 SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 9 SECTION 10.– ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 9 SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ................................... 13 SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ... 13 SECTION 13. – VACATION BALANCES FOR EMPLOYEES IN EXHIBIT 2 ............... 14 SECTION 14. – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ...... 15 SECTION 15. – SALARY RATES ................................................................................ 15 SECTION 16. – DEGREE AND CERTIFICATE PAY ................................................... 16 SECTION 17. – BILINGUAL CERTIFICATION PROGRAM ......................................... 16 SECTION 18. – SHIFT DIFFERENTIAL PAY .............................................................. 18 SECTION 19. – SPLIT SHIFT PAY .............................................................................. 18 SECTION 20. – BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2 .............................................. 19 SECTION 21.– BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES ..................................................................................... 21 SECTION 22. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES ....................................................................................................... 2423 SECTION 23. – UNUSUAL CIRCUMSTANCES ........................................................... 24 SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .................................................. 24 SECTION 25. – CONFLICTING RESOLUTIONS......................................................... 24 Formatted: Font: (Default) Arial, 12 pt Formatted: Normal Formatted: Font: (Default) Arial, 12 pt Formatted: Normal Formatted: Font: (Default) Arial, 12 pt Formatted: Normal Formatted: Font: (Default) Arial, 12 pt Formatted: Normal Formatted: Font: (Default) Arial, 12 pt Formatted: Normal FY15 SALARY RESOLUTION TABLE OF CONTENTS SECTION 26. – RESOLUTION EFFECTIVE DATE ..................................................... 25 8/215/14 First Council Amendment Supersedes Original RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FY14 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, MAKING THE FIRST AMENDMENT TO RESOLUTION NO. 2014-108 ENTITLED “A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FY 2015” RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service; provided, however, that if any provisions of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) and currently in effect is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOUemorandum of Understanding or T & C shall prevail.’ SECTION 2. – SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions, unless modified by applicable MOU: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or his/her designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. Resolution No. FY15 Salary Resolution Page 2 8/215/14 First Council Amendment Supersedes Original D. The fourth step shall be paid upon completion of one (1) year of service at the third step. E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. Unless modified by applicable MOU, employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H. Unless modified by applicable MOU, raises to the second, third, fourth, fifth, and sixth steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or his/her designee. A raise to any step may be made at any time by the City Manager or his/her designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except that where employees work a 56-hour work week, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I. 1. Unless modified by applicable MOU, an employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. 2. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 3 8/215/14 First Council Amendment Supersedes Original the new class range after adding five percent (5%) to the employee’s salary rate. J. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date. K. A permanent employee, filling a position in a higher class on a temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Subsection I above. L. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent ion whose behalf it is authorized. M. Step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None Resolution No. FY15 Salary Resolution Page 4 8/215/14 First Council Amendment Supersedes Original 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date, for purposes of future step increases in the class. N. Transfer to a new classification in which no salary change occurs shall result in a new anniversary date upon which advancement to the next step shall be calculated. O. In lieu of a Salary Step Plan, an eExecutive Pay Range Plan for certain classes is set forth in Exhibit 2, attached. 1. For purposes of calculating retirement benefits for any employee retired from one of the classes in the Executive Pay Range Plan prior to the effective date of the Executive Pay Range Plan, the highest step for the class shall be equal to the control point as established by these rules and regulations. The D, C, B, and A steps shall be five percent (5%) below the respective preceding steps. In those classifications for which an “F” step exists, the “F” step for the class shall be equal to the control point as established by these rules and regulations. The E, D, C, B, and A steps shall be five percent (5%) below the respective preceding steps unless modified by the respective MOU. 2. The salary for each executive employee in the E1 through E12, E2, and E3 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee, except for those ranges established by an MOU. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. 3. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in Resolution No. FY15 Salary Resolution Page 5 8/215/14 First Council Amendment Supersedes Original the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. P. After any permanent employee holding a position in Exhibit 2 has completed ten (10) full working days of service in a higher class pursuant to one or more such assignments, the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. Except where provided herein, temporary assignment to perform the duties of absent employees shall be in accordance with FMCresno Municipal Code Section 3-260. SECTION 3. – MONTHLY RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. SECTION 4. – EXEMPT JOB CLASSES Employees in classes listed in any salary resolution or approved MOUemorandum of Understanding whose job codes are marked with a small “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). Resolution No. FY15 Salary Resolution Page 6 8/215/14 First Council Amendment Supersedes Original In accordance with the rules and regulations of the FLSAair Labor Standards Act, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are containedset forth within the applicable provisions of FLSA regulations.based upon job performance are prohibited. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified American with Disabilities Act/California Family Rights Act medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES Temporary and part-time employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSAair Labor Standards Act, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class. SECTION 67. – FLEXIBLE STAFFING An employee holding a permanent appointment in a position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director head recommends such appointment. Such appointments may be made without regard to the number of positions listed for that class in the Position Authorization Resolution of the current budget, provided that the number of employees assigned to all classes in the group is authorized in the Position Authorization Resolution of the budget. SECTION 76. – 4/10 AND 9/80 ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per work week. The work week begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 7 8/215/14 First Council Amendment Supersedes Original Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week Fair Labor Standards Act (FLSA) work weeks. All employees working a 9/80 work schedule shall have an FLSA work week, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 112 holidays of eight (8) hours, plus their birthdays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and may elect to either take two (2) hours vacation, annual, holiday, or administrative leave or receive two (2) hours leave without pay if on a 4/10 schedule, or one (1) hour vacation, annual, holiday, or administrative leave or receive one (1) hour leave without pay if on a 9/80 schedule, and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work, on a holiday, which is a regular work day, shall receive eight (8) hours of holiday leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of holiday leave. If an employee in this group is required to and does work on the employee’s birthday, or the employee’s birthday falls on a holiday or any regular day off, eight (8) hours shall be credited to the employee’s holiday leave balance on the first pay period following the employee’s birthday. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of annual leave per month as under a 5/8 plan. Annual leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of sick leave per month, and receive sick leave pay for the actual number Resolution No. FY15 Salary Resolution Page 8 8/215/14 First Council Amendment Supersedes Original of hours absent, provided the employee has a sufficient balance of sick leave hours. 2. Vacation: Employees on a 4/10 or 9/80 plan shall accumulate the same number of hours vacation per month as under a 5/8 plan. Vacation leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of vacation leave hours. SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 Full time employees permanently appointed to positions in classes, which are included in Exhibit 2 who are not entitled to payment for, or equivalent compensatory time off for overtime work (as described in Section 4.), shall be granted administrative leave, or as may be provided below. A balance of 60 hours as designated by the Section designation above shall be credited to each such employee as of the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of administrative leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of administrative leave for each full month of such provisional or limited appointment. Administrative leave not taken during the fiscal year in which it is credited shall not be added to the leave credited in the next fiscal year ., but an Eemployees may receive request payment and be compensated for up to forty-eight (48) hours of administrative leave during the fiscal year in which it is credited, for any administrative leave not taken, subject to rules established by the City Manager. Employees shall be compensated for any administrative leave balance, not to exceed sixty (60) hours, upon termination from City service. Administrative leave shall be scheduled at the convenience of the department. Approval by the City Manager or his/her designee must be obtained before an appointing authority may take such leave. Employees with Supplemental Administrative Leave earned in fiscal year 2014 must use such leave prior to June 30, 2015. B. An appointing authority, with the approval of the City Manager, may grant up to an additional 32 hours administrative leave each year to full time exempt employees in Exhibit 2 based on annual job performance. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 9 8/215/14 First Council Amendment Supersedes Original 1. The determination by the department director to grant the additional administrative leave shall be made at the time the annual performance evaluation is completed, and credited the following July 1st. Any such additional administrative leave must be used within the fiscal year in which it was credited and cannot be cashed in by employees. For employees in Exhibit 2 earned, but uncredited additional administrative leave shall be paid to an employee at the time of separation from employment with the City. SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 A. Employees holding a permanent appointment in a class included in Exhibit 2 who are not participating in the annual leave plan and who meet the eligibility criteria in Section 20(D)20(F), shall, upon separation from City service, if eligible for service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated sick leave balances in excess of (240) hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 20(D)20(F). B. Family Sick Leave: Employees holding a permanent appointment in a class included in Exhibit 2, who are not participating in the annual leave plan, shall be allowed to use up to (48) hours of accumulated sick leave per fiscal year for Family Sick Leave, and up to 20 hours of supplemental sick leave in accordance with the provisions for such leave. The purpose of this benefit is to allow employees time to care for members of their immediate family or domestic partners (as defined by the FMCresno Municipal Code and California Labor Code Section 233). Family Sick Leave may be used to actually care for or arrange for the care of family members or domestic partners who are ill and cannot care for themselves, or to take family members or domestic partners to routine medical or dental appointments. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Family Sick Leave shall be authorized and recorded by an appointing authority or designee. SECTION 10. – ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMCresno Municipal Resolution No. FY15 Salary Resolution Page 10 8/215/14 First Council Amendment Supersedes Original Code Section 3-107, and Vacation Leave, as provided in Section 212, Subsection B of this Salary Resolution and FMCresno Municipal Code Section 3-108. A. For employees on a (40) hour work schedule, the annual leave plan shall be as follows: 1. Annual Leave Accrual – Vacation leave and sick leave will no longer be accumulated as provided in the FMC, but as detailed below. Except for Administrative Orders 2-20 (Sick Leave Policy) and 2-19.1 (Attendance Policy) and any other exceptions noted herein, all other provisions of the FMC, City administrative orders, policies, procedures, and rules and regulations concerning leave administration will continue to apply. Employees holding a permanent appointment in a class included in Exhibit 2, who are participating in the annual leave plan, shall be allowed to use up to the hours of annual leave accumulated in six (6) months for Family Sick Leave. a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be (15.5) hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual accrual rate to the same level for Non-Represented employees. For such employees who have been continuously employed by the City for less than ten (10) years and became permanent City employees on or after August 31, 2014, the annual leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement Resolution No. FY15 Salary Resolution Page 11 8/215/14 First Council Amendment Supersedes Original System, the City will increase the annual leave accrual rate to the same level for Non-Represented employees. For such employees who have been continuously employed by the City for ten (10) years or more and became permanent City employees on or after August 31, 2014, the annual leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, Tthe accumulation of unused annual leave will not exceed (1,200) hours for employees in the E1, E2, and E3 ranges; 1,000 hours for employees in the E4 range; and 840 hours for employees in Executive Pay ranges E6 through E12. No extension to the annual leave accumulation limit will be allowedIn the event an employee has an annual leave balance over the limits listed above, accruals will cease until the balance is under the limit. d. Use of Annual Leave – Annual leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, and rules and regulations regarding approval of time off. e. Transfer – An employee transferring to a position in a bargaining group, which is not covered by annual leave may either cash out his or her unused annual leave balance at his or her applicable base rate of pay, or have the unused annual leave balance converted to a non-accruing annual leave balance of hours. The conversion is obtained by multiplying unused annual leave hours by the applicable class’s base rate of pay (converted to an hourly figure), dividing the product by the transfer class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee. Conversion example: 100 unused hrs x $15.00 (base rate) = 75 hrs placed in non-accruing $20.00 (Transfer class base rate) annual leave balance account Resolution No. FY15 Salary Resolution Page 12 8/215/14 First Council Amendment Supersedes Original f. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten (10) percent of their annual leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. f. g. Unused Annual Leave Pay Out – Upon separation from City service, an employees will be compensated for all unused annual leave balances at his or her their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. Upon separation from City service, the employee will be compensated for all unused annual leave hours at his or her current applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. a. Unused Annual Leave Pay Out During Fiscal Year – Employees will be permitted to cash out up to 48 hours or 25 percent of their annual leave balance, whichever is greater, each fiscal year. 2. Vacation Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused vacation leave balances transferred into their annual leave account. 3. Sick Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused sick leave balances frozen. a. Use of Frozen Sick Leave – Except for usage permitted by California Labor Code Section 233 (Sick Leave; Use to Attend to Illness in Family) and Special Sick Leave, frozen sick leave balances may only be used by the employee for a medically verified extended illness over (24) consecutive work hours. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service, if eligible for service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 20(D)20(F) shall be credited with the number of Formatted: Not Highlight Formatted: No underline Resolution No. FY15 Salary Resolution Page 13 8/215/14 First Council Amendment Supersedes Original accumulated frozen sick leave balances in excess of (240) hours at the time of retirement multiplied by (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRAealth Reimbursement Arrangement as set forth in Section 20(D)20(F). 4. Pensionability – Monies payable under the annual leave program will not be considered pensionable for retirement purposes. SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 All employees in classes or positions listed in Exhibit 2 of this Salary Resolution shall be entitled to the holidays listed in FMCresno Municipal Code Section 3-116 except that, in lieu of February 12 (Lincoln’s Birthday) and September 9 (Admissions Day)., such employees shall accrue eight (8) hours holiday leave on January 1 and eight (8) hours holiday leave on July 1 of each calendar year. Employees may request payment and be compensated for up to 48 hours or 25 ten (10) percent of their holiday leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30., and for any balances upon separation from City service. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. Any employee in Exhibit 2 of this Salary Resolution who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to his or her holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, (or is celebrated falls on the employee’s day off if the employee does not work a Monday through Friday schedule), such employee shall receive eight (8) hours holiday leave. If such employee is required to and does work on his or her birthday, or his or her birthday falls on a holiday or any regular day off, the number of hours worked up to eight (8) hours shall be credited to the employee’s holiday leave balance on the first day of the pay period following his or her birthday. SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to positions/classifications set forth in Exhibit 2 shall receive 40 hours of supplemental sick leave each fiscal year with an accrual limit of 80 hours. Supplemental sick leave hours Each July 1, Non-Represented management Formatted: Not Highlight Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 14 8/215/14 First Council Amendment Supersedes Original employees in positions/classifications set forth in Exhibit 2 will receive (40) hours of supplemental sick leave. Upon their employment by the City, new employees appointed to such positions shall be credited with aon a pro-rated basis number of hours for each full calendar month remaining on such appointment in the fiscal year. Employees in Unit 2 a Non-Represented management status will retain all supplemental sick leave hours already earned and may continue to utilize the hours: (1) once regular sick or annual leave has been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City if not eligible for participation in the HRAealth Reimbursement Arrangement; (4) may be used in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in a HRAealth Reimbursement Arrangement in accordance with Section 20(D)20(F); or (6) up to (20) hours per fiscal year for Family Sick Leave used only for those purposes defined in the California Labor Code 233. Use of Family Sick Leave shall be authorized and recorded by thea department director head or designee. Payment received under this provision will not be considered pensionable for retirement purposes. SECTION 1321. – VACATIONLEAVE BALANCES FOR EMPLOYEES IN EXHIBIT 2 A. Eligible employees in classes listed in Exhibit 2 who are not participating in the annual leave plan, shall accumulate vacation leave as provided in FMCresno Municipal Code Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused vacation leave credit for 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused vacation leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31st of that year, the employee has a balance of 240 or more hours of sick leave. All other provisions of FMCresno Municipal Code Section 3-108 shall apply. Payment received under this provision will not be considered pensionable for retirement purposes. B. Reduction in Force An employee in a class in Exhibit 2 who is not participating in the annual leave plan who is either demoted or transferred to a non -management class as a result of a reduction-in-force, pursuant to the provisions of Formatted: Not Highlight Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 15 8/215/14 First Council Amendment Supersedes Original FMCresno Municipal Code Section 3-291, may use any hours in the employee’s Vacation Leave balance that exceed the maximum allowable within one (1) year following the effective date of the bump or transfer, or request a payoff for those hours above the applicable maximum. The employee must either use, or request a pay off, prior to June 30 of the fiscal year in which the hours were credited, of any remaining Administrative Leave balance. Requests for payoff of excess Vacation Leave hours and/or Administrative Leave must be submitted prior to the effective date of the bump or transfer. SECTION 14.13 – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees who are designated as exempt from overtime under the provisions of the FLSAair Labor Standards Act and who receive administrative leave pursuant to Section 8, may be granted Administrative Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Administrative Time Off shall not be deducted from any existing leave banks. Administrative Time Off must be scheduled in advance when possible, approved as Administrative Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Administrative Time Off for a full day’s absence. SECTION 1514. – SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (each of which areis hereby incorporated herein, and made part hereof, as if fully set forth herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 - Non-Supervisory Blue Collar EXHIBIT 2 - Non-Represented Management and Confidential Classes EXHIBIT 3 - Non-Supervisory White Collar EXHIBIT 4 - Police Non-Management EXHIBIT 5 - Fire Non-Management EXHIBIT 6 - Transit EXHIBIT 7 - Non-Supervisory Groups and Crafts EXHIBIT 8 - Non-Represented EXHIBIT 9 - Police Management Resolution No. FY15 Salary Resolution Page 16 8/215/14 First Council Amendment Supersedes Original EXHIBIT 10 – Fire Management EXHIBIT 12 – Board and Commission Members and Elected Officials EXHIBIT 13-1A – Management Non-Confidential EXHIBIT 13-2B – Non-Management Confidential EXHIBIT 14 – Management Confidential EXHIBIT 15 - Airport Public Safety Supervisors SECTION 1615. – DEGREE AND CERTIFICATE PAY The following rules prescribe the payment of additional pay because of the acquisition of a degree, certificate, or similar qualificatEach employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. SECTION 17. – BILINGUAL CERTIFICATION PROGRAM The bilingual certification program consists of a City administered examination process whereby employees may apply for a bilingual examination in November, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable unless otherwise required under the Fresno Municipal Code or under law. In conjunction with the Director of Personnel Services, department directors or their designees shall annually designate those positions or assignments for which bilingual skills are desired. A. Bilingual certification examinations will be conducted once per year in December. During the examination noticing period, examination applications will be available at the Personnel Services Department and City department personnel units. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. B. In order to qualify for the examination in December, the application must be received by the Personnel Services Department during the month of November, but no later than the last regular business day of November. C. In the event that an employee is hired, in part, because of bilingual skills, the Personnel Services Department may conduct a special examination for the employee outside of the window noted above. The determination Formatted: Font: (Default) Arial, Underline Formatted: Heading 1, Left Formatted: Font: (Default) Arial Resolution No. FY15 Salary Resolution Page 17 8/215/14 First Council Amendment Supersedes Original will be made upon request by the Department/Division and approval by the Personnel Services Director. D. This bilingual certification program and application deadlines are not subject to the grievance or appeal process. E. Bilingual certification examinations are conducted for Cambodian, Hmong, Laotian, Sign, Spanish and Vietnamese languages. F. The bilingual premium pay rate for certified permanent employees is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. G. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/div ision has a demonstrated customer service related need and has obtained departmental approval from the certified employee’s supervisor. H. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to u tilize department resources in the most efficient way possible. I. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 16. – ASSIGNMENT PAY The following rules prescribe payment of additional pay for assignment to and performance of certain duties. The pay shall be prorated for time so assigned and worked. An employee who has been assigned by the employee’s appointing authority to provide technical support on microcomputer, minicomputer, and/or local area network systems (excluding word processing systems) within the department shall receive premium pay, as provided below, for such assignment, provided that all of the following conditions are met: 1. The appointing authority certifies in writing that these duties and responsibilities cannot be appropriately assigned to any other position existing within the department, or the Information Services Department; Resolution No. FY15 Salary Resolution Page 18 8/215/14 First Council Amendment Supersedes Original 2. Only one employee per department may be so designated (exceptions may be considered on a case by case basis when geographical location and/or type of system require); 3. These duties and responsibilities are not contained within the employee’s permanent class specification, nor in the specification of any “acting,” provisional, or interim appointment; 4. The duties and responsibilities have accrued to the employee during the two (2) or more years immediately preceding the designation; 5. The duties are necessary to maintain software, hardware and related components required by the department’s automated operational systems. Word processing systems and applications software are excluded; 6. The duties must include Initial Program Load or “Boot” functions, performing or routing backups, servicing printers, daily batch and system start and stop functions. Some programming may be required; 7. The assignment shall be on-going and must constitute at least 20 percent (20%) of the employee’s duties. The premium pay for such assignment is $250.00 per month prorated on a pay period by pay period basis; however, the employee’s combined monthly salary, including any “acting,” provisional, or interim pay, plus premium pay shall not exceed the highest step of the salary range for Network Systems Specialist. SECTION 187. – SHIFT DIFFERENTIAL PAY Unless modified by applicable MOU, each employee not represented by a recognized employee organization who is required to work a night shift where at least four (4) or more hours worked occur after 5:00 p.m. and before 8:00 a.m., shall be paid an additional $1.00 for each shift so worked. SECTION 198. – SPLIT SHIFT PAY Each employee who holds a permanent appointment to a position in a class listed in an exhibit attached to this resolution, except any member of a class marked with a small “e,” a Bus Driver, or a uniformed member of the Fire or Police Department, who is required to work a split shift in excess of nine (9) hours, shall be paid $1.00 per hour for each shift so worked. Formatted: Left Resolution No. FY15 Salary Resolution Page 19 8/215/14 First Council Amendment Supersedes Original SECTION 2019. – BENEFITS FOR FULL- TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2– NON-REPRESENTED CLASSES A. Effective September 1, 2014, Tthe City’s contribution towards employee health insurance is 8075 percent of the premium established by the Fresno City Employees Health and Welfare Trust Board, and the employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The cost of any future increases in the health and welfare premium will be shared on a fifty 50 percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty 30 percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at 30 percent, the City shall pay 70seventy percent (70%). Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. A.B. Benefits, including City contributions to deferred compensation, vehicle allowance, relocation expenses, and other such negotiated items, shall not be calculated as part of the base salary or salary ranges. C. Pay for performance bonuses for exempt employees shall be considered pensionable compensation for calculation of retirement benefits, but shall not be included as part of the base salary or salary ranges. D. Employees in Unit 2 who are in job classes with a salary range between E6 and E12 are eligible to receive up to fifty dollars ($50) per month into the City Sponsored Deferred Compensation plan. Employees not currently participating in the plan will be required to complete a Participation Agreement. B.E. Permanent employees in Unit 2 hired on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to Resolution No. FY15 Salary Resolution Page 20 8/215/14 First Council Amendment Supersedes Original receive the one and one-half (1.5) percent (1.5%) contribution in cash. The one and one-half (1.5) percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. FD. The City currently maintains a HRAealth Reimbursement Arrangement (HRA) that qualifies as a “health reimbursement arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen sick leave and/or annual leave used for sick time and/or sick leave and/or vacation leave used for sick time (excluding only hours used for Workers’ Compensation benefits) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: • The number of accumulated supplemental sick leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with annual leave, the number of accumulated frozen sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • For those with vacation/sick leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable Exhibit, multiplied by 12 months then divided by 2,080 hours. TThe HRA accounts shall may be book accounts only - only or cash accounts at the City’s option. N– no actual trust account shall be established for any employee. Each HRA book account shall be credited Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 21 8/215/14 First Council Amendment Supersedes Original on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued supplemental sick leave or frozen sick leave or sick leave at retirement. GE. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA at retirement. This section shall also be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 210. – BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES A. Benefits for the Police Cadet series shall be as follows: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent position in the Police Department. Formatted: Left Resolution No. FY15 Salary Resolution Page 22 8/215/14 First Council Amendment Supersedes Original Failure to successfully complete the on-going training program will be cause for termination pursuant to FMC 3-266. 2. Upon appointment to a permanent position, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Workers’ Compensation Benefits shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 5. Actual hours worked in excess of 40 hours a week shall be compensated as overtime. Overtime shall be at one and one-half (1.5) times the base rate of pay. 6. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or authorized designee. upon the final approval of such positions. B. Benefits for Permanent Intermittent (hereafter “PI”) and Permanent Part- Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare a. The City shall contribute toward the premium required by the Fresno City Employees Health and Welfare Trust, an amount of money on behalf of the employee in proportion to the number of hours scheduled for that position, as reflected in the adopted budget. The City shall make such contribution only on the condition that the employee agrees to contribute to the Fresno City Employees Health and Welfare Trust the difference between such City contribution and the amount required by the Trust for the level of benefits provided. If the employee does not so agree, then the City shall make no contribution for Health and Welfare for such employee. Election to pay such difference shall be made within 30 days of appointment. Resolution No. FY15 Salary Resolution Page 23 8/215/14 First Council Amendment Supersedes Original b. An employee who declines to participate in the health plan at employment may elect to participate each year thereafter during the annual open enrollment period or within 30 days from the day of a qualified change in status. Participation at any time shall be done by deduction from the employee’s paycheck. 2. PI employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the City retirement system and shall be provided with Social Security benefits. 3. Workers’ Compensation Benefits for PI and PPT employees shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. PI and PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMCresno Municipal Code Sections 3-109 and 3-110. 5. Holidays a. PI employees shall accumulate holiday leave at the rate of eight seven and onetwo-thirds (8 7 12/3) hours for each 173 hours of non-overtime work. b. PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 6. Leave for PPT Employees in Exhibit 2 PPT employees appointed to positions in classes, which are included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. Resolution No. FY15 Salary Resolution Page 24 8/215/14 First Council Amendment Supersedes Original SECTION 2212. – - SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES The City of Fresno will extend salary and benefits to permanent City employees while they are serving in active military duty on deployments of more than thirty- one (31) days as the result of the ongoing Middle Eastern conflict, as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health & Welfare Trust; and C. Continued accrual of vacation, sick leave, annual leave and/or administrative leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 2323. – UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 2434. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY Notwithstanding the provisions of FMC Section 3-118, an employee in the unrepresented management group who sustains an injury or illness in the course and scope of City employment shall receive 66.6776 percent % of average weekly earnings in the fifty-two weeks prior to the injuryfull wages and salary from the City, beginning on the fourth calendar day of such absence and continuing thereafter, unless hospitalized on the first day for at least 24 hours or unless the absence exceeds 14 calendar days, in which case the employee shall receive the 7666.67 percent (76%) from the first day. At the employee’s option, in the event that pay from the City is not provided during the first three (3) days of absence due to injury, the employee may take frozen sick leave for that period. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State mandated workers’ compensation rate of payment be adjusted, the City shall adjust the rate provided for in this Section accordingly. SECTION 2545. – CONFLICTING RESOLUTIONS Formatted: Not Highlight Resolution No. FY15 Salary Resolution Page 25 8/215/14 First Council Amendment Supersedes Original Resolution No. 2013-1012012-129, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOUemorandum of Understanding, are hereby repealed. SECTION 2656. – RESOLUTION EFFECTIVE DATE This resolution shall become effective and in full force and effect on July 1, 20143. Formatted: Underline SEE APPENDIX FOR FOOTNOTES Page 1.1 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary p eriod at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airport Maintenance Leadworker 310010 6 3393 3562 3741 3930 4123 Airports Building Maintenance Technician 310011 12 3204 3365 3535 3710 3896 Airports Operations Specialist 310012 6 3077 3233 3393 3562 3741 Automotive Parts Leadworker 145006 6 3322 3489 3664 3847 4040 Automotive Parts Specialist 145005 6 3015 3164 3322 3489 3664 Body & Fender Repairer 320036 6 3854 4047 4250 4463 4685 Body & Fender Repairer Leadworker 320037 6 4250 4463 4685 4920 5168 Body & Fender Repairer Trainee 320035 6 3495 3670 3854 4047 4250 Brake & Front End Specialist 710085 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic 320031 6 3854 4047 4250 4463 4685 Bus Air Conditioning Mechanic Leadworker 320032 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic Trainee 320030 611 3495 3670 3854 4047 4250 Bus Equipment Attendant Leadworker 320040 6 3042 3196 3358 3525 3701 Bus Mechanic I 3200202 - 3495 3670 3854 4047 4250 Bus Mechanic II 320021 6 3854 4047 4250 4463 4685 Bus Mechanic Leadworker 320022 6 4250 4463 4685 4920 5168 Collection System Maintenance Operator I 6300032 - 2656 2778 2905 3038 3181 Collection System Maintenance Operator II 630001 12 3288 3451 3625 3804 3996 Collection System Maintenance Operator III 630002 12 3625 3804 3996 4195 4407 Combination Welder II 710065 6 3854 4047 4250 4463 4685 Combination Welder Leadworker 710066 6 4250 4463 4685 4920 5168 Communications Technician I 7100502 - 3835 4026 4226 4436 4660 Communications Technician II 7100514 12 4226 4436 4660 4892 5138 Cross Connection Control Technician 610040 6 3814 4007 4207 4419 4641 Custodian 810001 12 2368 2477 2598 2716 2841 Electronic Equipment Installer 710060 6 3085 3240 3402 3570 3751 Equipment Service Worker I 710075 12 2459 2579 2710 2845 2985 Equipment Service Worker II 710076 6 3219 3380 3549 3729 3915 SEE APPENDIX FOR FOOTNOTES Page 1.2 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary p eriod at the journey level. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Fire Equipment Mechanic I 420010 6 3495 3670 3854 4047 4250 Fire Equipment Mechanic II 420011 6 3854 4047 4250 4463 4685 Fire Equipment Mechanic Leadworker 420012 6 4250 4463 4685 4920 5168 Heavy Equipment Mechanic I 7101002 – 3495 3670 3854 4047 4250 Heavy Equipment Mechanic II 710101 6 3854 4047 4250 4463 4685 Heavy Equipment Mechanic Leadworker 710102 6 4250 4463 4685 4920 5168 Heavy Equipment Operator 710025 6 3854 4048 4252 4464 4686 Helicopter Mechanic 410040 12 3854 4047 4250 4463 4685 Helicopter Mechanic Leadworker 410041 12 4250 4463 4685 4920 5168 Instrumentation Specialist 620025 6 4296 4508 4734 4971 5222 Instrumentation Technician 620026 12 3765 3953 4152 4359 4577 Irrigation Specialist 510005 6 3317 3482 3658 3841 4033 Laborer 710005 12 2656 2778 2905 3038 3181 Light Equipment Mechanic I 7100952 – 3495 3670 3854 4047 4250 Light Equipment Mechanic II 710096 6 3854 4047 4250 4463 4685 Light Equipment Mechanic Leadworker 710097 6 4250 4463 4685 4920 5168 Light Equipment Operator 710020 6 3393 3562 3741 3930 4127 Locksmith 810015 6 3204 3365 3535 3710 3896 Maintenance & Construction Worker 710015 6 3077 3233 3393 3562 3741 Maintenance & Service Worker 710001 6 2281 2395 2515 2643 2775 Maintenance Carpenter I 810020 6 3526 3702 3888 4083 4288 Maintenance Carpenter II 810021 6 3888 4083 4288 4503 4730 Park Equipment Mechanic II 710110 6 3496 3669 3854 4047 4250 Park Equipment Mechanic Leadworker 710111 6 3854 4047 4250 4463 4685 Parking Meter Attendant I 7101254 124 2552 2680 2815 2954 3101 Parking Meter Attendant II 7101264 124 2815 2954 3101 3259 3422 Parking Meter Attendant III 710127 6 3101 3259 3422 3592 3772 Parks Maintenance Worker I 510001 12 2596 2727 2862 3007 3157 Parks Maintenance Worker II 510002 6 3144 3301 3467 3639 3822 Parks Maintenance Leadworker 510003 6 3317 3482 3658 3841 4033 SEE APPENDIX FOR FOOTNOTES Page 1.3 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing wil l not serve an additional probationary period at the journey level. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Power Generation Operator/Mechanic 620055 6 4180 4389 4608 4839 5082 Property Maintenance Worker 810006 12 3302 3467 3641 3823 4013 Property Maintenance Leadworker 810007 6 3535 3710 3896 4091 4297 Roofer 810010 6 3204 3365 3535 3710 3896 Senior Communications Technician 710052 6 4660 4892 5138 5396 5668 Senior Custodian 810002 6 2493 2617 2747 2889 3031 Senior Heavy Equipment Operator 710026 6 4743 4984 5231 5492 5769 Senior Wastewater Mechanical Specialist 620062 6 4180 4389 4608 4839 5082 Senior Wastewater Treatment Plant Operator 620043 6 4397 4616 4848 5090 5345 Solid Waste Safety & Training Specialist 640005 6 3657 3840 4034 4237 4448 Street Maintenance Leadworker 710040 6 3393 3562 3741 3930 4127 Street Sweeper Lead Operator 710036 6 3529 3705 3892 4085 4291 Street Sweeper Operator II 710035 6 3200 3361 3529 3705 3892 Tire Maintenance & Repair Technician 710081 6 3109 3264 3429 3600 3780 Tire Maintenance Worker 710080 6 2847 2987 3139 3298 3462 Traffic Maintenance Leadworker 710046 6 3419 3590 3770 3959 4157 Traffic Maintenance Worker I 7100444 124 2819 2961 3108 3263 3429 Traffic Maintenance Worker II 710045 6 3099 3254 3419 3590 3770 Tree Trimmer Leadworker 510010 6 3562 3741 3930 4127 4333 Utility Leadworker 710010 6 3082 3224 3379 3535 3701 Waste Collector II 640020 6 2770 2906 3051 3205 3365 Waste Collector Leadworker 640021 6 3205 3365 3534 3709 3897 Waste Container Maintenance Assistant 640010 6 2711 2846 2986 3137 3297 Waste Container Maintenance Worker 640011 6 3190 3348 3515 3692 3879 Wastewater Distributor 620050 6 2739 2881 3023 3175 3334 Wastewater Lead Distributor 620051 6 3262 3425 3596 3776 3965 Wastewater Mechanical Specialist 620061 6 3900 4095 4300 4514 4740 Wastewater Mechanical Technician 620060 6 3097 3240 3387 3549 3720 Wastewater Treatment Plant Operator-In- Training 6200401 – 2739 2881 3023 3175 3334 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Wastewater Treatment Plant Operator I 620041 6 3375 3544 3722 3908 4102 Wastewater Treatment Plant Operator II 620042 6 3788 3978 4180 4385 4607 Water System Operator I 610025 6 3337 3505 3678 3862 4057 Water System Operator II 610026 6 3701 3887 4080 4286 4501 Water System Operator III 610027 12 4653 4887 5133 5388 5657 SEE APPENDIX FOR FOOTNOTES Page 2.1 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e – E73 2840 6905 - 8834 9717 Assistant City Attorney 160008e – E42 4809 8970 - 12621 Assistant City Manager 150135e7 – E21 6006 12590 - 14847 17625 Assistant Controller 135020e – E42 4809 8970 - 12621 Assistant Director 150160e -- E42 4809 8970 - 12621 Assistant Director of Personnel Services 150043e – E42 4809 8970 - 12621 Assistant Director of Public Utilities 620100e – E42 4809 8970 - 12621 Assistant Director of Public Works 210089e – E42 4809 8970 - 12621 Assistant Police Chief 415010e – E42 4809 8970 - 12621 Assistant Retirement Administrator 135040e – E73 2840 6905 - 8834 9717 Budget Analyst 135006e 12 E11 2840 3830 - 5133 5390 Budget Manager 135008e – E42 4809 8970 - 12621 Chief Assistant City Attorney 160015e – E31 6006 10946 - 13367 15325 Chief Information Officer 125067e – E31 6006 10946 - 13367 15325 Chief of Staff to the Mayor 150123e – E43 2840 8970 - 8834 12621 City Attorney 160009e – 130,713 - 189,000 City Attorney 160009e - E1 14475 - 20270 City Clerk 150125e – E6 5250 7984 - 11235 City Engineer 210080e – E31 6006 10946 - 13367 15325 City Manager 150130e – 130,713 - 189,000 City Manager 150130e - E1 14475 - 20270 Field Code Changed SEE APPENDIX FOR FOOTNOTES Page 2.1 Community Coordinator 150075e – E113 2840 3830 - 8834 5390 Community Outreach Specialist 150230e – E11 2840 3830 - 8834 5390 Controller 135021e – E31 6006 10946 - 13367 15325 Council Assistant 150085e – E9 2840 - 8834 Deputy City Attorney II 160006e – E310 2840 5714 - 8834 8000 Deputy City Attorney III 160007e – E83 2840 5000 - 8834 Deputy City Manager 150140e – E73 2840 6905 - 8834 9717 Director 150170e -- E31 6006 10946 - 13367 15325 Director of Aviation 310045e – E31 6006 10946 - 13367 15325 Director of Development 220020e – E31 6006 10946 - 13367 15325 2/10/14 Third Council Amendment Supersedes Original e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 2.2 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Personnel Services 150042e – E31 6006 10946 - 13367 15325 Director of Public Utilities 620101e – E31 6006 10946 - 13367 15325 Director of Transportation 310040e – E31 6006 10946 - 13367 15325 Economic Development Coordinator 150090e – E83 2840 5000 - 8834 Economic Development Director 150099e – E31 6006 10946 - 13367 15325 Executive Assistant to Department Director 115003e – E12 2840 3683 - 5133 Executive Assistant to the City Manager 115001e – E12 2840 3683 - 5133 Fire Chief 425007e – E31 6006 10946 - 13367 15325 Governmental Affairs Manager 150240e – E83 2840 5000 - 8834 Human Resources Manager 150025e – E73 2840 6905 - 8834 9717 Independent Reviewer 150220e – E61 6006 7984 - 13367 11235 Internal Auditor 135010e 12 E11 2840 3830 - 5390 Labor Relations Manager 150030e – E73 2840 6905 - 8834 9717 Labor Relations Secretary 115010e 12 E12 2840 3683 - 5133 Police Chief 415008e7 – E21 6006 12590 - 14847 17623 Principal Budget Analyst 135009e – E73 2840 6905 - 8834 9717 Principal Internal Auditor 135011e – E83 2840 5000 - 8834 Public Affairs Officer 150118e – E83 2840 5000 - 8834 Public Works Director 210085e – E31 6006 10946 - 13367 15325 Field Code Changed SEE APPENDIX FOR FOOTNOTES Page 2.2 Redevelopment Administrator 150080e – E42 4809 8970 - 12621 Retirement Administrator 135030e – E3 4809 10946 - 12621 15325 Risk/Safety Manager 150035e – E73 2840 6905 - 8834 9717 Senior Budget Analyst 135007e – E83 2840 5000 - 8834 Senior Deputy City Attorney 160013e – E72 4809 6905 - 12621 9717 Senior Human Resources/Risk Analyst 150017e – E83 2840 5000 - 8834 Supervising Deputy City Attorney 160010e – E62 4809 7984 - 12621 11235 e Exempt class, see Narrative Section 4. 7 Only applicable pursuant to employment agreements. Formatted: Font: 10 pt Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2298 2407 2521 2642 2772 - Account Clerk II 1300023 123 2521 2642 2772 2901 3041 - Accountant-Auditor I 1300114 124 3426 3587 3759 3947 4138 - Accountant -Auditor II 1300124 124 3984 4173 4381 4593 4817 - Accounting Technician 130010 12 3041 3189 3343 3502 3674 - Administrative Clerk I 1100013 63 2125 2228 2333 2444 2561 - Administrative Clerk II 1100023 123 2333 2444 2561 2683 2815 - Airports Operations Officer 310006 12 3409 3579 3759 3948 4143 - Airports Property Specialist I 1750014 124 4057 4256 4464 4680 4911 - Airports Property Specialist II 1750024 124 4717 4947 5190 5442 5710 - Associate Electrical Safety Consultant I 230022 12 4544 4766 5000 5240 5498 - Associate Electrical Safety Consultant II 230023 12 4766 5000 5240 5498 5769 - Associate Environmental & Safety Consultant I 230003 12 4544 4766 5000 5240 5498 - Associate Environmental & Safety Consultant II 230004 12 4766 5000 5240 5498 5769 - Associate Plumbing & Mechanical Consultant I 230012 12 4544 4766 5000 5240 5498 - Associate Plumbing & Mechanical Consultant II 230013 12 4766 5000 5240 5498 5769 - Billing System Specialist 125075 12 3031 3179 3334 3489 3657 - Budget Technician 135005 12 3090 3238 3395 3559 3733 - Building Inspector I 2300074 124 4334 4544 4766 5000 5240 - Building Inspector II 2300084 124 4544 4766 5000 5240 5498 - Building Inspector III 230009 12 4766 5000 5240 5498 5769 - Buyer I 1400014 124 3564 3739 3921 4112 4312 - Buyer II 1400024 124 3921 4112 4312 4522 4743 - Call Center Representative I 1150703 63 2521 2642 2778 2901 3041 - Call Center Representative II 1150713 123 2772 2901 3041 3189 3343 - Central Printing Clerk 120005 12 2333 2444 2561 2683 2815 - SEE APPENDIX FOR FOOTNOTES Page 3.2 1/30/14 Third Council Amendment; Supersedes Original 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F City Records Specialist 115025 12 3090 3238 3395 3559 3733 - Commercial Building Inspector 230015 12 4453 4671 4899 5134 5388 - Community Recreation Assistant 520010 12 2547 2667 2781 2898 3029 - Community Revitalization Specialist 230053 12 4015 4226 4436 4654 4913 5121 Community Services Officer I 4100254 124 2650 2777 2909 3050 3196 - Community Services Officer II 4100264 124 2909 3050 3196 3351 3514 - Computer Systems Specialist I 1250104 124 3690 3867 4056 4254 4461 - Computer Systems Specialist II 1250114 124 4353 4564 4787 5021 5268 - Computer Systems Specialist III 125012 12 4893 5132 5385 5647 5926 - Construction Compliance Specialist 150055 12 3610 3779 3964 4157 4357 - Customer Services Clerk I 1150603 63 2298 2407 2521 2642 2772 - Customer Services Clerk II 1150613 123 2521 2642 2772 2901 3041 - Development Services Coordinator 230057 12 4220 4457 4679 4907 5147 - Emergency Services Dispatcher I 4100015 125 3145 3275 3416 3578 3732 - Emergency Services Dispatcher II 4100025 125 3376 3540 3714 3895 4077 - Emergency Services Dispatcher III 410003 12 3785 3964 4161 4358 4570 - Engineer I 2100154 124 4119 4317 4526 4748 4972 - Engineer II 2100164 124 4781 5007 5253 5504 5786 - Engineering Aide I 2100013 63 2676 2799 2933 3073 3224 - Engineering Aide II 2100023 123 3089 3238 3389 3552 3729 - Engineering Inspector I 2300754 124 4015 4224 4420 4632 4862 - Engineering Inspector II 2300764 124 4397 4610 4836 5072 5320 - Engineering Technician I 2100054 124 3162 3314 3479 3639 3815 - Engineering Technician II 2100064 124 3552 3729 3907 4095 4295 - Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. CLASS TITLE JOB CODE PROB PER A B C D E F Environmental Control Officer 620001 12 3961 4155 4351 4564 4783 - Facilities Construction Specialist 230085 12 4157 4356 4570 4790 5025 - Fire Prevention Inspector I 4200014 124 3662 3839 4019 4220 4427 - Fire Prevention Inspector II 4200024 124 4238 4436 4654 4886 5121 - Fleet Operations Specialist 710105 12 3843 4026 4225 4430 4647 - Geographic Information System (GIS) Specialist 125025 12 4893 5132 5385 5647 5926 - Graphics Technician 120013 12 3325 3491 3666 3849 4042 - Helicopter Pilot 410033 12 5118 5373 5642 5924 6220 - Housing Rehabilitation Specialist 230056 12 4128 4334 4551 4779 5018 - Crime Scene Identification Technician I 4100104 124 3450 3616 3791 3977 4171 - Crime Scene Identification Technician II 4100114 124 3791 3977 4171 4373 4587 - Senior Crime SceneIdentification Technician III 410012 12 3977 4171 4373 4587 4812 - Industrial/Commercial Water Conservation Representative 610015 12 3961 4155 4351 4564 4783 - Inorganic Chemist 620020 12 4018 4216 4421 4636 4863 - Laboratory Assistant 620010 12 2754 2890 3027 3174 3327 - Laboratory Technician I 6200114 124 3327 3488 3657 3833 4018 - Laboratory Technician II 6200124 124 3657 3833 4018 4216 4421 - Landscape Water Conservation Specialist 610005 12 3868 4057 4255 4462 4679 - Law Office Assistant* 115021 12 3285 3449 3622 3803 3993 - Network Systems Specialist 125030 12 4893 5132 5385 5647 5926 - PAR Program Specialist 410023 12 2909 3050 3196 3351 3514 - Paratransit Specialist 320005 12 3031 3179 3334 3489 3657 - Parking Controller I 7101204 124 2254 2349 2452 2553 2667 - Parking Controller II 7101214 124 2459 2567 2676 2788 2922 - Parking Controller III 710122 12 2676 2788 2922 3044 3180 - Phlebotomist 410007 12 2754 2890 3027 3174 3327 - Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Planner I 2200053 63 3592 3760 3945 4139 4341 - Planner II 2200063 123 4220 4457 4679 4907 5147 - Plans Examiner I 2100404 124 3583 3755 3938 4129 4333 - Plans Examiner II 2100414 124 4138 4334 4544 4766 5000 - Plans Examiner III 210042 12 4544 4766 5000 5240 5498 - Police Data Transcriptionist 115035 12 2815 2948 3090 3238 3395 - Principal Account Clerk 130004 12 3041 3189 3343 3502 3674 - Program Compliance Officer 640026 12 3339 3507 3683 3868 4061 - Programmer/Analyst I 1250204 124 3690 3867 4056 4254 4461 - Programmer/Analyst II 1250214 124 4353 4564 4787 5021 5268 - Programmer/Analyst III 125022 12 4893 5132 5385 5647 5926 - Programmer/Analyst IV 125023 12 5252 5511 5783 6064 6361 - Property & Evidence Technician 145010 12 3205 3360 3523 3695 3872 - Radio Dispatcher 120015 12 2683 2810 2931 3064 3195 - Rangemaster/Armorer 410035 12 3977 4171 4373 4587 4812 - Real Estate Finance Specialist I 1700014 124 3268 3426 3587 3763 3947 - Real Estate Finance Specialist II 1700024 124 3736 3917 4108 4307 4517 - Recreation Specialist 520005 12 3103 3251 3409 3575 3746 - Retirement Counselor I 1350504 124 3041 3189 3343 3504 3674 - Retirement Counselor II 1350514 124 3343 3504 3674 3852 4041 - Safety Specialist 150050 12 3162 3313 3476 3644 3821 - Secretary 110050 12 2815 2948 3090 3238 3395 - Senior Account Clerk 130003 12 2772 2901 3041 3189 3343 - Senior Administrative Clerk 110003 12 2561 2683 2815 2948 3090 - Senior Buyer 140003 12 4312 4522 4743 4975 5217 - Senior Call Center Representative 115072 12 3158 3314 3480 3654 3837 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Commercial Building Inspector 230016 12 4671 4899 5134 5388 5652 - Senior Community Revitalization Specialist 230054 12 4669 4902 5147 5445 5743 - Senior Community Services Officer 410027 12 3128 3278 3437 3602 3778 - Senior Customer Services Clerk 115062 12 2772 2901 3041 3189 3343 - Senior Engineering Technician 210007 12 4119 4317 4526 4748 4972 - Senior Fire Prevention Inspector 420003 12 4750 4978 5216 5472 5743 - Senior Laboratory Technician 620013 12 4018 4216 4421 4636 4863 - Senior Network Systems Specialist 125031 12 5252 5511 5783 6064 6361 - Senior Property & Evidence Technician 145011 12 3523 3695 3872 4060 4259 - Senior Records Clerk 110101 12 2683 2815 2948 3090 3238 - Senior Secretary 110051 12 3090 3238 3395 3559 3733 - Senior Storeskeeper 145002 12 3205 3360 3523 3695 3872 - Senior Utility Service Representative 230092 12 3251 3409 3575 3746 3931 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 5252 5511 5739 6064 6361 - Staff Assistant 150001 12 3031 3179 3334 3489 3657 - Storeskeeper 145001 12 2917 3059 3205 3360 3523 - Survey Party Technician 210030 12 3552 3729 3907 4095 4295 - Tax/Permit Representative 135001 12 3179 3334 3489 3657 3839 - Tree Program Specialist 510015 12 3868 4057 4255 4462 4679 - Utility Service Representative I 2300904 124 2695 2823 2958 3102 3251 - Utility Service Representative II 2300914 124 2958 3102 3251 3409 3575 - Wastewater Reclamation Coordinator 620035 12 4057 4256 4464 4680 4911 - Water Conservation Representative 610001 12 2667 2781 2898 3043 3179 - Water Systems Telemetry & Distributed Control Specialist 610021 12 4353 4564 4787 5021 5268 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4305 4520 – – – – Police Officer 415002 1210 4973 5222 5483 5757 6046 6348 Police Specialist 415003 – 4973 5222 5483 5757 6046 6348 Police Sergeant 415004 12 5995 6294 6610 6942 7287 7653 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 7/1/14 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4391 4611 – – – – Police Officer 415002 1210 5073 5327 5594 5874 6168 6477 Police Specialist 415003 – 5073 5327 5594 5874 6168 6477 Police Sergeant 415004 12 6115 6421 6743 7081 7436 7808 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 1/1/15 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4479 4703 – – – – Police Officer 415002 1210 5175 5434 5706 5992 6292 6607 Police Specialist 415003 – 5175 5434 5706 5992 6292 6607 Police Sergeant 415004 12 6238 6550 6878 7222 7584 7964 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.20 per hour Firefighter Trainee 425001 -- 4316 Firefighter 425002 12 4796 5035 5288 5552 5831 6124 Firefighter Specialist 425003 12 5371 5639 5922 6217 6528 6855 Fire Captain 425004 12 5995 6295 6610 6942 7289 7655 Fire Investigation Unit Supervisor 425010 12 5995 6295 6610 6942 7289 7655 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.61 per hour Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 7/14/148/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.61 per hour Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 6 Unit 6 – Bus Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E F Bus Driver 320015 9 16.133711 17.969250 18.842250 19.737634 21.606750 22.692403 Bus Driver 320015 9 2797 3115 3266 3422 3746 3934 SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective June 16, 2014 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6060 Concrete Finisher 730005 12 Flat Rate 5285 Electrician 730010 12 Flat Rate 5481 Painter 730015 12 Flat Rate 4816 Plumber 730030 12 Flat Rate 5481 Field Code Changed SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Airport Public Safety Officer 310002 – Flat Rate $28.32 Per Hour Background Investigator 940030 – Hourly $18.00 - $252.00 Per Hour Cashier Clerk 910010 – Flat Rate $89.00 Per Hour Information Services Aide 125001 – Hourly $89.00 - $22.00 Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $8.509.00-$9.50 Per Hour Police Cadet I 940005 – Hourly $9.92 - $12.48 Per Hour Police Cadet II 940006 – Hourly $12.49 - $16.00 Per Hour Pool Supervisor 950015 – Hourly $12.00-$22.00 Per Hour Senior Lifeguard 950002 – Hourly $9.50-$11.00 Per Hour Services Aide 910005 – Hourly $89.00 - $15.00 Per Hour Sports Official 950010 – $89.00 - $50.00 Per Game Student Aide II 910002 – Hourly $89.00 Per Hour Student Bus Driver 9300018 - Hourly $914.50 Per Hour 10/1/13 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E2 4163 - 12,044 Police Captain 415006e 12 8538 8965 9414 9885 10,380 10,728 Police Lieutenant 415005e 12 7414 7785 8175 8584 9014 9316 EXHIBIT 9 Unit 9 – Police Management effective 7/1/14 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,285 Police Captain 415006e 12 8709 9145 9603 10,084 10,589 10,944 Police Lieutenant 415005e 12 7563 7942 8340 8757 9195 9504 EXHIBIT 9 Unit 9 – Police Management effective 1/1/15 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,531 Police Captain 415006e 12 8884 9329 9796 10,286 10,801 11,163 Police Lieutenant 415005e 12 7715 8101 8507 8933 9380 9695 e Exempt class, see Narrative Section 4. Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Fire Battalion Chief 425005e 12 7658 8042 8443 8865 9307 9772 Fire Deputy Chief 425006e -- E2 6483 - 12,768 EXHIBIT 10 Unit 10 – Fire Management effective 8/5/13 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- E2 6483 - 12,768 EXHIBIT 10 Unit 10 – Fire Management effective 2/10/14 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- 10,001 10,502 11,028 11,580 12,160 12,768 ¶ 2/10/14 Second Council Amendment Supersedes Original e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY BOARD/COMMISSION MEMBERS Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month SEE APPENDIX FOR FOOTNOTES Page 13-1A..1 2/10/14 Third Council Amendment Supersedes 1/30/14 Third Council Amendment e Exempt class, see Narrative Section 4. EXHIBIT 13-1A Unit 13-1A – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5030 5277 5533 5806 6090 Airports Airside/Landside Superintendent 310018e 12 5191 5446 5714 5994 6288 Airports Projects Supervisor 310016e 12 5819 6105 6405 6719 7052 Airports Property Supervisor 175005e 12 5084 5334 5597 5872 6159 Architect 210045e 12 5267 5525 5797 6081 6380 Assistant Chief of Wastewater Treatment Operations 620079e 12 5361 5621 5897 6187 6490 Call Center Supervisor 115073e 12 3831 4017 4212 4415 4632 Capital Development Specialist 310007e 12 5385 5651 5930 6219 6525 Chief Engineering Inspector 230078e 12 5377 5641 5918 6209 6513 Chief Engineering Technician 210009e 12 6297 6606 6932 7274 7633 Chief of Facilities Maintenance 810037e 12 5848 6137 6438 6754 7086 Chief of Solid Waste Operations 640035e 12 5597 5872 6159 6462 6780 Chief of Wastewater Environmental Services 620075e 12 5597 5872 6159 6462 6780 Chief of Wastewater Facilities Maintenance 620085e 12 5848 6137 6438 6754 7086 Chief of Wastewater Treatment Operations 620080e 12 5914 6208 6512 6832 7168 Chief of Water Operations 610070e 12 6009 6304 6617 6942 7282 Chief Police Pilot 410031e 12 6606 6932 7274 7633 8011 Chief Surveyor 210032e 12 6606 6932 7274 7633 8011 Collection System Maintenance Supervisor 630005e 12 4691 4921 5162 5416 5682 Community Recreation Supervisor I 520015e 12 4075 4275 4484 4705 4933 Community Recreation Supervisor II 520016e 12 4471 4691 4922 5165 5416 Community Sanitation Supervisor I 720042e 12 4942 5183 5439 5705 5986 Contract Compliance Officer 150061e 12 4162 4364 4578 4804 5036 Custodial Supervisor 810025e 12 3417 3584 3758 3942 4131 DBE/Small Business Coordinator 150070e 12 4806 5039 5287 5546 5820 Emergency Preparedness Officer 420020e 12 3915 4107 4307 4518 4738 Emergency Services Communications Supervisor 410004e 12 4388 4601 4825 5062 5310 Energy Efficiency Supervisor 230058e 12 4691 4921 5162 5416 5682 Equipment Supervisor 720031e 12 5327 5586 5860 6149 6451 Fire Prevention Engineer 210055e 12 5819 6105 6405 6719 7052 Fleet Administration Supervisor 720025e 12 5165 5416 5682 5961 6254 Field Code Changed Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 13-1A..2 EXHIBIT 13-1A Unit 13A 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Forestry Supervisor I 510030e 12 4075 4275 4484 4705 4933 Forestry Supervisor II 510031e 12 4471 4691 4922 5165 5416 Housing Program Supervisor 230055e 12 5113 5366 5628 5904 6194 Human Resources Records Supervisor 115050e 12 4180 4385 4599 4823 5060 Industrial Electrician Supervisor 720020e 12 5588 5868 6161 6469 6794 Information Services Supervisor 125032e 12 6030 6326 6635 6962 7308 Laboratory Supervisor 620014e 12 4864 5102 5352 5615 5892 Parking Supervisor 720035e 12 3003 3147 3299 3459 3628 Parks Supervisor I 510025e 12 4075 4275 4484 4705 4933 Parks Supervisor II 510026e 12 4471 4691 4922 5165 5416 Planner III 220007e 12 4792 5028 5273 5533 5804 Power Generation System Supervisor 620056e 12 5327 5586 5860 6149 6451 Principal Accountant 130014e 12 5314 5575 5850 6137 6438 Professional Engineer 210100e 12 5819 6105 6405 6719 7052 Project Manager 150065e 12 5385 5651 5930 6219 6525 Records Supervisor 115045e 12 4180 4385 4599 4823 5060 Recycling Coordinator 640001e 12 4065 4263 4470 4688 4918 Revenue Supervisor 135025e 12 3831 4017 4212 4415 4632 Senior Accountant-Auditor 130013e 12 4410 4626 4853 5092 5339 Senior Building Inspector 230034e 12 4895 5136 5387 5652 5931 Senior Electrical Safety Consultant 230024e 12 4895 5136 5387 5652 5931 Senior Engineering Inspector 230077e 12 4895 5136 5387 5652 5931 Senior Environmental & Safety Consultant 230005e 12 4895 5136 5387 5652 5931 Senior Plumbing & Mechanical Consultant 230014e 12 4895 5136 5387 5652 5931 Senior Real Estate Agent 170012e 12 5237 5493 5763 6047 6344 Solid Waste System Supervisor 640030e 12 4913 5154 5403 5670 5947 Street Maintenance Superintendent 720004e 12 6115 6420 6743 7080 7435 Street Maintenance Supervisor 720001e 12 5643 5921 6211 6516 6837 Supervising Buyer 140004e 12 4681 4911 5148 5402 5666 Supervising Commercial Building Inspector 230036 12 4895 5136 5387 5652 5931 e Exempt class, see Narrative Section 4. Field Code Changed Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 13-1A..3 EXHIBIT 13-1A Unit 13A 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Supervising Engineering Technician 210008e 12 5544 5819 6105 6405 6719 Supervising Environmental Control Officer 620005e 12 4864 5102 5352 5615 5891 Supervising Fire Prevention Inspector 420005e 12 5125 5375 5642 5919 6210 Supervising Crime SceneIdentification Technician 410013 12 4286 4496 4714 4946 5187 Supervising Planner 220008e 12 5264 5522 5792 6076 6373 Supervising Plans Examiner 210044e 12 5385 5651 5930 6219 6525 Supervising Professional Engineer 210110e 12 6606 6932 7274 7633 8011 Supervising Real Estate Agent 170013e 12 5751 6034 6330 6641 6968 Survey Party Chief 210031e 12 4400 4614 4841 5076 5328 Transit Supervisor I 320050e 12 4913 5154 5403 5670 5947 Transit Supervisor II 320051e 12 5327 5586 5860 6149 6451 Treasury Officer 135015e 12 5314 5575 5850 6137 6438 Wastewater Treatment Maintenance Supervisor 620070e 12 5473 5741 6023 6320 6630 Water Conservation Supervisor 610045e 12 5473 5741 6023 6320 6630 Water System Supervisor 610055e 12 5473 5741 6023 6320 6630 e Exempt class, see Narrative Section 4. Field Code Changed Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 13-2B.1 EXHIBIT 13-2B Unit 13B 13-2 – Non-Management Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Database Administrator 125045e 12 5574 5844 6132 6432 6748 Human Resources Analyst 150016e 12 3915 4107 4307 4518 4738 Legal Assistant 160001 12 3487 3656 3833 4021 4218 Legal Secretary I 115015 12 2878 3016 3161 3313 3475 Legal Secretary II 115016 12 3181 3336 3496 3665 3844 Management Analyst I 150020e4 124 3193 3349 3511 3683 3864 Management Analyst II 150021e4 124 3915 4107 4307 4518 4738 Risk Analyst 150010e 12 4303 4513 4733 4965 5209 Senior Database Administrator 125046e 12 6145 6439 6748 7071 7423 Senior Human Resources Technician 150014 12 3180 3333 3492 3662 3841 Systems Security Administrator 125050e 12 5055 5300 5562 5833 6119 e Exempt class, see Narrative Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. . Formatted: Font: 11 pt Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 14.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Administrative Manager 220025e – E93 2840 - 8834 Airports Marketing & Public Relations Coordinator 310150e E93 2840 - 8834 Airports Operations Manager 310020e – E93 2840 - 8834 Airports Planning Manager 310019e – E93 2840 - 8834 Airports Properties Manager 310021e – E93 2840 - 8834 Assistant City Clerk 115030e – E93 2840 - 8834 Building & Safety Services Manager 230031e – E93 2840 - 8834 City Traffic Engineer 210076e – E93 2840 - 8834 Communications Manager 125060e – E93 2840 - 8834 Community Sanitation Manager 720040e – E93 2840 - 8834 Construction Manager 210096 -- E93 2840 - 8834 Division Manager 150024e – E93 2840 8834 Economic Development Analyst 150095e – E93 2840 - 8834 Facilities Manager 810040e – E93 2840 - 8834 Fleet Manager 720032e – E93 2840 - 8834 Grant Writer 150105e – E93 2840 - 8834 Housing & Neighborhood Revitalization Manager 230065e – E93 2840 - 8834 Information Services Manager 125055e – E93 2840 - 8834 Law Office Manager 115020e – E93 2840 - 8834 Management Analyst III 150022e – E93 2840 - 8834 Parks Manager 510035e – E93 2840 - 8834 Planning Manager 220010e – E93 2840 - 8834 Public Works Manager 210095e – E93 2840 - 8834 Purchasing Manager 140005e – E93 2840 - 8834 Recreation Manager 520025e – E93 2840 - 8834 Retirement Benefits Manager 135045e – E93 2840 - 8834 Revenue Manager 135026e – E93 2840 - 8834 e Exempt class, see Narrative Section 4. Field Code Changed Field Code Changed Formatted: Font: 11 pt SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Sewer Maintenance Manager 630010e – E93 2840 - 8834 Solid Waste Manager 640040e – E93 2840 - 8834 Training Officer 150046e – E93 2840 - 8834 Transit Maintenance Manager 320060e – E93 2840 - 8834 Transit Operations Manager 320055e – E93 2840 - 8834 Wastewater Manager 620095e – E93 2840 - 8834 Water System Manager 610075e – E93 2840 - 8834 e Exempt class, see Narrative Section 4. Formatted: Font: 11 pt EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6170 6480 6805 7144 7503 Airport Public Safety Supervisor** 310005 12 5396 5664 5949 6247 6557 * Hired before July 1, 2010 ** Hired after July 1, 2010 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 Deleted July 1, 2010. Provision no longer in use. 7 Only applicable pursuant to employment agreements. 8 A person selected to fill a vacant Bus Driver position is a “Student Bus Driver.” A “Student Bus Driver” is a new operator who must be trained and instructed on all lines and bus equipment of the system until, in the opinion of the Director of Transportation, the person is capable of performing the duties of a regular or extra board operator. Overtime for a “Student Bus Driver” shall be paid for work in excess of 40 hours in a week, at the rate of time and one-half. Deleted July 1, 2014. 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. e Exempt class, see Narrative Section 4. * * * * * * * * * CLERK’S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ______ day of __________, 20143. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: ______________________________________, 20143 Mayor Approval/No Return: ______________________________________, 20143 Mayor Veto: ______________________________________, 20143 Council Override Vote: ______________________________________, 20143 YVONNE SPENCE, CMC City Clerk BY: __________________________ APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: _________________________________ Tina Griffin Supervising Senior Deputy City Attorney RECEIVED Agenda ltem: General Administration lD#L4-276 Council Date: 8l28l20t4 ¿ü1r nirü 26 pn r çRESNO ClTy COUNCIL CITY CLERíi, FREST{O CA city or =OetClLlSl/zf flE-=iE=-7.N\-- Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2OL4 Supplemental Packet Date: August 26,2Ot4 Item(s) General Administration ltem lD# L4-276 - RESOLUTION - adopt the First Amendment to the FY 15 Salary Resolution No. 2OL4-L08, reducing benefits and increasing salary ranges for unit 2 (unrepresented) employees; adding new classifications of represented employees; modifying salaries to reflect change in minimum wage; additional technical changes l't Amendment to Salary Resolution No. 2OL4-LO8. Supplemental Information: Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(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 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 62I-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 Security. Fiscal Year 2015 (July 1, 2014 – June 30, 2015) Salary Resolution Personnel Services Department Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ First Amendment to Salary Resolution 2014-108 Resolution No. FY15 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................. 1 SECTION 2. – SALARY STEP PLAN ........................................................................... 1 SECTION 3. – MONTHLY RATES OF PAY ................................................................. 5 SECTION 4. – EXEMPT JOB CLASSES ..................................................................... 5 SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES ....................................................................................... 6 SECTION 6. – FLEXIBLE STAFFING .......................................................................... 6 SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .. 6 SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............. 7 SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 8 SECTION 10.– ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 9 SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ................................... 12 SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ... 12 SECTION 13. – VACATION BALANCES FOR EMPLOYEES IN EXHIBIT 2 ............... 13 SECTION 14. – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ...... 13 SECTION 15. – SALARY RATES ................................................................................ 14 SECTION 16. – DEGREE AND CERTIFICATE PAY ................................................... 14 SECTION 17. – BILINGUAL CERTIFICATION PROGRAM ......................................... 15 SECTION 18. – SHIFT DIFFERENTIAL PAY .............................................................. 16 SECTION 19. – SPLIT SHIFT PAY .............................................................................. 16 SECTION 20. – BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2 .............................................. 16 SECTION 21.– BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES ..................................................................................... 19 SECTION 22. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES 21 SECTION 23. – UNUSUAL CIRCUMSTANCES ........................................................... 21 SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .................................................. 22 SECTION 25. – CONFLICTING RESOLUTIONS......................................................... 22 SECTION 26. – RESOLUTION EFFECTIVE DATE ..................................................... 22 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, MAKING THE FIRST AMENDMENT TO RESOLUTION NO. 2014-108 ENTITLED “A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FY 2015” RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service; provided, however, that if any provisions of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) and currently in effect is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU or T & C shall prevail. SECTION 2. – SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions, unless modified by applicable MOU: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or his/her designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. The fourth step shall be paid upon completion of one (1) year of service at the third step. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 2 E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. Unless modified by applicable MOU, employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H. Unless modified by applicable MOU, raises to the second, third, fourth, fifth, and sixth steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or his/her designee. A raise to any step may be made at any time by the City Manager or his/her designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except that where employees work a 56-hour work week, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I. 1. Unless modified by applicable MOU, an employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. 2. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. J. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 3 range, and such adjustment shall not alter the employee’s anniversary date. K. A permanent employee, filling a position in a higher class on a temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Subsection I above. L. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent on whose behalf it is authorized. M. Step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 4 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date, for purposes of future step increases in the class. N. Transfer to a new classification in which no salary change occurs shall result in a new anniversary date upon which advancement to the next step shall be calculated. O. In lieu of a Salary Step Plan, an Executive Pay Range Plan for certain classes is set forth in Exhibit 2. 1. For purposes of calculating retirement benefits for any employee retired from one of the classes in the Executive Pay Range Plan prior to the effective date of the Executive Pay Range Plan, the highest step for the class shall be equal to the control point as established by these rules and regulations. The D, C, B, and A steps shall be five percent (5%) below the respective preceding steps. In those classifications for which an “F” step exists, the “F” step for the class shall be equal to the control point as established by these rules and regulations. The E, D, C, B, and A steps shall be five percent (5%) below the respective preceding steps unless modified by the respective MOU. 2. The salary for each executive employee in the E1 through E12 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee, except for those ranges established by an MOU. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. 3. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 5 bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. P. After any permanent employee holding a position in Exhibit 2 has completed ten (10) full working days of service in a higher class pursuant to one or more such assignments, the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. Except where provided herein, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. SECTION 3. – MONTHLY RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. SECTION 4. – EXEMPT JOB CLASSES Employees in classes listed in any salary resolution or approved MOU whose job codes are marked with a small “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 6 SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES Temporary and part-time employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class. SECTION 6. – FLEXIBLE STAFFING An employee holding a permanent appointment in a position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director recommends such appointment. Such appointments may be made without regard to the number of positions listed for that class in the Position Authorization Resolution of the current budget, provided that the number of employees assigned to all classes in the group is authorized in the Position Authorization Resolution of the budget. SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per work week. The work week begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA work weeks. All employees working a 9/80 work schedule shall have an FLSA work week, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8- hour shift. The work week shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 11 holidays of eight (8) hours. An employee who is off on a holiday, 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 7 which is a regular work day, shall receive eight (8) hours pay for the holiday and may elect to either take two (2) hours vacation, annual, holiday, or administrative leave or receive two (2) hours leave without pay if on a 4/10 schedule, or one (1) hour vacation, annual, holiday, or administrative leave or receive one (1) hour leave without pay if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight (8) hours of holiday leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of holiday leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of annual leave per month as under a 5/8 plan. Annual leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of sick leave per month, and receive sick leave pay for the actual number of hours absent, provided the employee has a sufficient balance of sick leave hours. 2. Vacation: Employees on a 4/10 or 9/80 plan shall accumulate the same number of hours vacation per month as under a 5/8 plan. Vacation leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of vacation leave hours. SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 Full time employees permanently appointed to positions in classes, which are included in Exhibit 2 who are not entitled to payment for, or equivalent compensatory time off for overtime work (as described in Section 4.), shall be granted administrative leave, or as may be provided below. A balance of 60 hours shall be credited to each such employee as of the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of administrative leave for each full calendar month remaining in such 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 8 appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of administrative leave for each full month of such provisional or limited appointment. Administrative leave not taken during the fiscal year in which it is credited shall not be added to the leave credited in the next fiscal year. Employees may request payment and be compensated for up to forty-eight (48) hours of administrative leave during the fiscal year in which it is credited, subject to rules established by the City Manager. Employees shall be compensated for any administrative leave balance, not to exceed sixty (60) hours, upon termination from City service. Administrative leave shall be scheduled at the convenience of the department. Approval by the City Manager or his/her designee must be obtained before an appointing authority may take such leave. Employees with Supplemental Administrative Leave earned in fiscal year 2014 must use such leave prior to June 30, 2015. SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 A. Employees holding a permanent appointment in a class included in Exhibit 2 who are not participating in the annual leave plan and who meet the eligibility criteria in Section 20(F), shall, upon separation from City service, if eligible for service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated sick leave balances in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 20(F). B. Family Sick Leave: Employees holding a permanent appointment in a class included in Exhibit 2, who are not participating in the annual leave plan, shall be allowed to use up to 48 hours of accumulated sick leave per fiscal year for Family Sick Leave, and up to 20 hours of supplemental sick leave in accordance with the provisions for such leave. The purpose of this benefit is to allow employees time to care for members of their immediate family or domestic partners (as defined by the FMC and California Labor Code Section 233). Family Sick Leave may be used to actually care for or arrange for the care of family members or domestic partners who are ill and cannot care for themselves, or to take family 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 9 members or domestic partners to routine medical or dental appointments. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Family Sick Leave shall be authorized and recorded by an appointing authority or designee. SECTION 10. – ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMC Section 3-107, and Vacation Leave, as provided in Section 21, Subsection B of this Salary Resolution and FMC Section 3-108. B. For employees on a 40 hour work schedule, the annual leave plan shall be as follows: 1. Annual Leave Accrual – Vacation leave and sick leave will no longer be accumulated as provided in the FMC, but as detailed below. Except for Administrative Orders 2-20 (Sick Leave Policy) and 2-19.1 (Attendance Policy) and any other exceptions noted herein, all other provisions of the FMC, City administrative orders, policies, procedures, rules and regulations concerning leave administration will continue to apply. Employees holding a permanent appointment in a class included in Exhibit 2, who are participating in the annual leave plan, shall be allowed to use up to the hours of annual leave accumulated in six (6) months for Family Sick Leave. a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual accrual rate to the same level for Non-Represented employees. For such employees who have been continuously employed by the City for less than ten (10) years and became permanent City employees on or after August 31, 2014, the 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 10 annual leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual leave accrual rate to the same level for Non-Represented employees. For such employees who have been continuously employed by the City for ten (10) years or more and became permanent City employees on or after August 31, 2014, the annual leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, the accumulation of unused annual leave will not exceed 1,200 hours for employees in the E1, E2, and E3 ranges; 1,000 hours for employees in the E4 range; and 840 hours for employees in Executive Pay ranges E6 through E12. In the event an employee has an annual leave balance over the limits listed above, accruals will cease until the balance is under the limit. d. Use of Annual Leave – Annual leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. e. Transfer – An employee transferring to a position in a bargaining group, which is not covered by annual leave may either cash out his or her unused annual leave balance at his or her applicable base rate of pay, or have the unused annual leave balance converted to a non-accruing annual leave balance of hours. The conversion is obtained by multiplying unused annual leave hours by the applicable class’s base rate of pay (converted to an hourly figure), dividing the product by the transfer class’s base rate of pay (converted to an hourly figure), and placing the resulting 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 11 balance for leave usage as requested and designated by the employee. f. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten (10) percent of their annual leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. g. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused annual leave balances at their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. 2. Vacation Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused vacation leave balances transferred into their annual leave account. 3. Sick Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused sick leave balances frozen. a. Use of Frozen Sick Leave – Except for usage permitted by California Labor Code Section 233 (Sick Leave; Use to Attend to Illness in Family) and Special Sick Leave, frozen sick leave balances may only be used by the employee for a medically verified extended illness over 24 consecutive work hours. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service, if eligible for service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 20(F) shall be credited with the number of accumulated frozen sick leave balances in excess of 240 hours at the time of retirement multiplied by (40%) of the Conversion example: 100 unused hrs x $15.00 (base rate) = 75 hrs placed in non-accruing $20.00 (Transfer class base rate) annual leave balance account 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 12 employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 20(F). 4. Pensionability – Monies payable under the annual leave program will not be considered pensionable for retirement purposes. SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 All employees in classes or positions listed in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116 except February 12 (Lincoln’s Birthday) and September 9 (Admissions Day). Employees may request payment and be compensated for up to 48 hours or ten (10) percent of their holiday leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30.. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated holiday leave balances received under this provision will not be considered pensionable for retirement purposes. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to his or her holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, or falls on the employee’s day off if the employee does not work a Monday through Friday schedule, such employee shall receive eight (8) hours holiday leave. SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to positions/classifications set forth in Exhibit 2 shall receive 40 hours of supplemental sick leave each fiscal year with an accrual limit of 80 hours. Supplemental sick leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees in Unit 2 will retain all supplemental sick leave hours already earned and may continue to utilize the hours: (1) once regular sick or annual leave has been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City if not eligible for participation in the HRA; (4) may be used in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in a HRA in accordance with Section 20(F); or (6) up to 20 hours per fiscal year for Family Sick Leave used only for those 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 13 purposes defined in the California Labor Code 233. Use of Family Sick Leave shall be authorized and recorded by the department director or designee. Payment received under this provision will not be considered pensionable for retirement purposes. SECTION 13. – VACATION BALANCES FOR EMPLOYEES IN EXHIBIT 2 A. Eligible employees in classes listed in Exhibit 2 who are not participating in the annual leave plan, shall accumulate vacation leave as provided in FMC Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused vacation leave credit for 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused vacation leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31 of that year, the employee has a balance of 240 or more hours of sick leave. All other provisions of FMC Section 3-108 shall apply. Payment received under this provision will not be considered pensionable for retirement purposes. B. Reduction in Force An employee in a class in Exhibit 2 who is not participating in the annual leave plan who is either demoted or transferred to a non-management class as a result of a reduction-in-force, pursuant to the provisions of FMC Section 3-291, may use any hours in the employee’s Vacation Leave balance that exceed the maximum allowable within one (1) year following the effective date of the bump or transfer, or request a payoff for those hours above the applicable maximum. The employee must either use or request a pay off prior to June 30 of the fiscal year in which the hours were credited, of any remaining Administrative Leave balance. Requests for payoff of excess Vacation Leave hours and/or Administrative Leave must be submitted prior to the effective date of the bump or transfer. SECTION 14. – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees who are designated as exempt from overtime under the provisions of the FLSA and who receive administrative leave pursuant to Section 8, may be granted Administrative Time Off if the supervisor or designee 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 14 determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Administrative Time Off shall not be deducted from any existing leave banks. Administrative Time Off must be scheduled in advance when possible, approved as Administrative Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Administrative Time Off for a full day’s absence. SECTION 15. – SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Police Non-Management EXHIBIT 5 Fire Non-Management EXHIBIT 6 Transit EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 12 Board and Commission Members and Elected Officials EXHIBIT 13-1 Management Non-Confidential EXHIBIT 13-2 Non-Management Confidential EXHIBIT 14 Management Confidential EXHIBIT 15 Airport Public Safety Supervisors SECTION 16. – DEGREE AND CERTIFICATE PAY Each employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 15 SECTION 17. – BILINGUAL CERTIFICATION PROGRAM The bilingual certification program consists of a City administered examination process whereby employees may apply for a bilingual examination in November, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable unless otherwise required under the Fresno Municipal Code or under law. In conjunction with the Director of Personnel Services, department directors or their designees shall annually designate those positions or assignments for which bilingual skills are desired. A. Bilingual certification examinations will be conducted once per year in December. During the examination noticing period, examination applications will be available at the Personnel Services Department and City department personnel units. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. B. In order to qualify for the examination in December, the application must be received by the Personnel Services Department during the month of November, but no later than the last regular business day of November. C. In the event that an employee is hired, in part, because of bilingual skills, the Personnel Services Department may conduct a special examination for the employee outside of the window noted above. The determination will be made upon request by the Department/Division and approval by the Personnel Services Director. D. This bilingual certification program and application deadlines are not subject to the grievance or appeal process. E. Bilingual certification examinations are conducted for Cambodian, Hmong, Laotian, Sign, Spanish and Vietnamese languages. F. The bilingual premium pay rate for certified permanent employees is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. G. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. H. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. Certified 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 16 employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. I. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 18. – SHIFT DIFFERENTIAL PAY Unless modified by applicable MOU, each employee not represented by a recognized employee organization who is required to work a night shift where at least four (4) or more hours worked occur after 5:00 p.m. and before 8:00 a.m., shall be paid an additional $1.00 for each shift so worked. SECTION 19. – SPLIT SHIFT PAY Each employee who holds a permanent appointment to a position in a class listed in an exhibit attached to this resolution, except any member of a class marked with a small “e,” a Bus Driver, or a uniformed member of the Fire or Police Department, who is required to work a split shift in excess of nine (9) hours, shall be paid $1.00 per hour for each shift so worked. SECTION 20. – BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2 A. Effective September 1, 2014, the City’s contribution towards employee health insurance is 75 percent of the premium established by the Fresno City Employees Health and Welfare Trust Board, and the employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The cost of any future increases in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at 30 percent, the City shall pay seventy percent (70%). Should any represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 17 B. Benefits, including City contributions to deferred compensation, vehicle allowance, relocation expenses, and other such negotiated items, shall not be calculated as part of the base salary or salary ranges. C. Pay for performance bonuses for exempt employees shall be considered pensionable compensation for calculation of retirement benefits, but shall not be included as part of the base salary or salary ranges. D. Employees in Unit 2 who are in job classes with salary ranges E6 through E12 are eligible to receive up to fifty dollars ($50) per month into the City Sponsored Deferred Compensation plan. Employees not currently participating in the plan will be required to complete a Participation Agreement. E. Permanent employees in Unit 2 hired on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one-half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. F. The City currently maintains a HRA (HRA) that qualifies as a “health reimbursement arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen sick leave and/or annual leave used for sick time and/or sick leave and/or vacation leave used for sick time (excluding only hours used for Workers’ Compensation benefits) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 18 • The number of accumulated supplemental sick leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with annual leave, the number of accumulated frozen sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • For those with vacation/sick leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable Exhibit, multiplied by 12 months then divided by 2,080 hours. The accounts may be book accounts only - or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued supplemental sick leave or frozen sick leave or sick leave at retirement. G. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 19 calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA at retirement. This section shall also be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 21. – BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES A. Benefits for the Police Cadet series shall be as follows: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent position in the Police Department. Failure to successfully complete the on-going training program will be cause for termination pursuant to FMC 3-266. 2. Upon appointment to a permanent position, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Workers’ Compensation Benefits shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 5. Actual hours worked in excess of 40 hours a week shall be compensated as overtime. Overtime shall be at one and one-half (1.5) times the base rate of pay. 6. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or authorized designee. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 20 B. Benefits for Permanent Intermittent (hereafter “PI”) and Permanent Part- Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare a. The City shall contribute toward the premium required by the Fresno City Employees Health and Welfare Trust, an amount of money on behalf of the employee in proportion to the number of hours scheduled for that position, as reflected in the adopted budget. The City shall make such contribution only on the condition that the employee agrees to contribute to the Fresno City Employees Health and Welfare Trust the difference between such City contribution and the amount required by the Trust for the level of benefits provided. If the employee does not so agree, then the City shall make no contribution for Health and Welfare for such employee. Election to pay such difference shall be made within 30 days of appointment. b. An employee who declines to participate in the health plan at employment may elect to participate each year thereafter during the annual open enrollment period or within 30 days from the day of a qualified change in status. Participation at any time shall be done by deduction from the employee’s paycheck. 2. PI employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the City retirement system and shall be provided with Social Security benefits. 3. Workers’ Compensation Benefits for PI and PPT employees shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. PI and PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3- 110. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 21 5. Holidays a. PI employees shall accumulate holiday leave at the rate of seven and one-thirds (7 1/3) hours for each 173 hours of non-overtime work. b. PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 6. Leave for PPT Employees in Exhibit 2 PPT employees appointed to positions in classes, which are included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. SECTION 22. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES The City of Fresno will extend salary and benefits to permanent City employees while they are serving in active military duty on deployments of more than thirty- one (31) days as the result of the ongoing Middle Eastern conflict, as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health & Welfare Trust; and C. Continued accrual of vacation, sick leave, annual leave and/or administrative leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 23. – UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 22 SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY Notwithstanding the provisions of FMC Section 3-118, an employee in the unrepresented management group who sustains an injury or illness in the course and scope of City employment shall receive 66.67 % of average weekly earnings in the fifty-two weeks prior to the injury from the City, beginning on the fourth calendar day of such absence and continuing thereafter, unless hospitalized on the first day for at least 24 hours or unless the absence exceeds 14 calendar days, in which case the employee shall receive the 66.67 percent from the first day. At the employee’s option, in the event that pay from the City is not provided during the first three (3) days of absence due to injury, the employee may take frozen sick leave for that period. Except as modified herein, the provisions of FMC Section 3-118 shall apply. Should the State mandated workers’ compensation rate of payment be adjusted, the City shall adjust the rate provided for in this Section accordingly. SECTION 25. – CONFLICTING RESOLUTIONS Resolution No. 2013-101, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU, are hereby repealed. SECTION 26. – RESOLUTION EFFECTIVE DATE This resolution shall become effective and in full force and effect on July 1, 2014. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airport Maintenance Leadworker 310010 6 3393 3562 3741 3930 4123 Airports Building Maintenance Technician 310011 12 3204 3365 3535 3710 3896 Airports Operations Specialist 310012 6 3077 3233 3393 3562 3741 Automotive Parts Leadworker 145006 6 3322 3489 3664 3847 4040 Automotive Parts Specialist 145005 6 3015 3164 3322 3489 3664 Body & Fender Repairer 320036 6 3854 4047 4250 4463 4685 Body & Fender Repairer Leadworker 320037 6 4250 4463 4685 4920 5168 Body & Fender Repairer Trainee 320035 6 3495 3670 3854 4047 4250 Brake & Front End Specialist 710085 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic 320031 6 3854 4047 4250 4463 4685 Bus Air Conditioning Mechanic Leadworker 320032 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic Trainee 320030 611 3495 3670 3854 4047 4250 Bus Equipment Attendant Leadworker 320040 6 3042 3196 3358 3525 3701 Bus Mechanic I 3200202 - 3495 3670 3854 4047 4250 Bus Mechanic II 320021 6 3854 4047 4250 4463 4685 Bus Mechanic Leadworker 320022 6 4250 4463 4685 4920 5168 Collection System Maintenance Operator I 6300032 - 2656 2778 2905 3038 3181 Collection System Maintenance Operator II 630001 12 3288 3451 3625 3804 3996 Collection System Maintenance Operator III 630002 12 3625 3804 3996 4195 4407 Combination Welder II 710065 6 3854 4047 4250 4463 4685 Combination Welder Leadworker 710066 6 4250 4463 4685 4920 5168 Communications Technician I 7100502 - 3835 4026 4226 4436 4660 Communications Technician II 7100514 12 4226 4436 4660 4892 5138 Cross Connection Control Technician 610040 6 3814 4007 4207 4419 4641 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 1.1 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Custodian 810001 12 2368 2477 2598 2716 2841 Electronic Equipment Installer 710060 6 3085 3240 3402 3570 3751 Equipment Service Worker I 710075 12 2459 2579 2710 2845 2985 Equipment Service Worker II 710076 6 3219 3380 3549 3729 3915 Fire Equipment Mechanic I 420010 6 3495 3670 3854 4047 4250 Fire Equipment Mechanic II 420011 6 3854 4047 4250 4463 4685 Fire Equipment Mechanic Leadworker 420012 6 4250 4463 4685 4920 5168 Heavy Equipment Mechanic I 7101002 – 3495 3670 3854 4047 4250 Heavy Equipment Mechanic II 710101 6 3854 4047 4250 4463 4685 Heavy Equipment Mechanic Leadworker 710102 6 4250 4463 4685 4920 5168 Heavy Equipment Operator 710025 6 3854 4048 4252 4464 4686 Helicopter Mechanic 410040 12 3854 4047 4250 4463 4685 Helicopter Mechanic Leadworker 410041 12 4250 4463 4685 4920 5168 Instrumentation Specialist 620025 6 4296 4508 4734 4971 5222 Instrumentation Technician 620026 12 3765 3953 4152 4359 4577 Irrigation Specialist 510005 6 3317 3482 3658 3841 4033 Laborer 710005 12 2656 2778 2905 3038 3181 Light Equipment Mechanic I 7100952 – 3495 3670 3854 4047 4250 Light Equipment Mechanic II 710096 6 3854 4047 4250 4463 4685 Light Equipment Mechanic Leadworker 710097 6 4250 4463 4685 4920 5168 Light Equipment Operator 710020 6 3393 3562 3741 3930 4127 Locksmith 810015 6 3204 3365 3535 3710 3896 Maintenance & Construction Worker 710015 6 3077 3233 3393 3562 3741 Maintenance & Service Worker 710001 6 2281 2395 2515 2643 2775 Maintenance Carpenter I 810020 6 3526 3702 3888 4083 4288 Maintenance Carpenter II 810021 6 3888 4083 4288 4503 4730 Park Equipment Mechanic II 710110 6 3496 3669 3854 4047 4250 SEE APPENDIX FOR FOOTNOTES Page 1.2 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Park Equipment Mechanic Leadworker 710111 6 3854 4047 4250 4463 4685 Parking Meter Attendant I 7101254 124 2552 2680 2815 2954 3101 Parking Meter Attendant II 7101264 124 2815 2954 3101 3259 3422 Parking Meter Attendant III 710127 6 3101 3259 3422 3592 3772 Parks Maintenance Worker I 510001 12 2596 2727 2862 3007 3157 Parks Maintenance Worker II 510002 6 3144 3301 3467 3639 3822 Parks Maintenance Leadworker 510003 6 3317 3482 3658 3841 4033 Power Generation Operator/Mechanic 620055 6 4180 4389 4608 4839 5082 Property Maintenance Worker 810006 12 3302 3467 3641 3823 4013 Property Maintenance Leadworker 810007 6 3535 3710 3896 4091 4297 Roofer 810010 6 3204 3365 3535 3710 3896 Senior Communications Technician 710052 6 4660 4892 5138 5396 5668 Senior Custodian 810002 6 2493 2617 2747 2889 3031 Senior Heavy Equipment Operator 710026 6 4743 4984 5231 5492 5769 Senior Wastewater Mechanical Specialist 620062 6 4180 4389 4608 4839 5082 Senior Wastewater Treatment Plant Operator 620043 6 4397 4616 4848 5090 5345 Solid Waste Safety & Training Specialist 640005 6 3657 3840 4034 4237 4448 Street Maintenance Leadworker 710040 6 3393 3562 3741 3930 4127 Street Sweeper Lead Operator 710036 6 3529 3705 3892 4085 4291 Street Sweeper Operator II 710035 6 3200 3361 3529 3705 3892 Tire Maintenance & Repair Technician 710081 6 3109 3264 3429 3600 3780 Tire Maintenance Worker 710080 6 2847 2987 3139 3298 3462 Traffic Maintenance Leadworker 710046 6 3419 3590 3770 3959 4157 Traffic Maintenance Worker I 7100444 124 2819 2961 3108 3263 3429 Traffic Maintenance Worker II 710045 6 3099 3254 3419 3590 3770 SEE APPENDIX FOR FOOTNOTES Page 1.3 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Tree Trimmer Leadworker 510010 6 3562 3741 3930 4127 4333 Utility Leadworker 710010 6 3082 3224 3379 3535 3701 Waste Collector II 640020 6 2770 2906 3051 3205 3365 Waste Collector Leadworker 640021 6 3205 3365 3534 3709 3897 Waste Container Maintenance Assistant 640010 6 2711 2846 2986 3137 3297 Waste Container Maintenance Worker 640011 6 3190 3348 3515 3692 3879 Wastewater Distributor 620050 6 2739 2881 3023 3175 3334 Wastewater Lead Distributor 620051 6 3262 3425 3596 3776 3965 Wastewater Mechanical Specialist 620061 6 3900 4095 4300 4514 4740 Wastewater Mechanical Technician 620060 6 3097 3240 3387 3549 3720 Wastewater Treatment Plant Operator-In- Training 6200401 – 2739 2881 3023 3175 3334 Wastewater Treatment Plant Operator I 620041 6 3375 3544 3722 3908 4102 Wastewater Treatment Plant Operator II 620042 6 3788 3978 4180 4385 4607 Water System Operator I 610025 6 3337 3505 3678 3862 4057 Water System Operator II 610026 6 3701 3887 4080 4286 4501 Water System Operator III 610027 12 4653 4887 5133 5388 5657 SEE APPENDIX FOR FOOTNOTES Page 1.4 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e – E7 6905 - 9717 Assistant City Attorney 160008e – E4 8970 - 12621 Assistant City Manager 150135e – E2 12590 - 17625 Assistant Controller 135020e – E4 8970 - 12621 Assistant Director 150160e -- E4 8970 - 12621 Assistant Director of Personnel Services 150043e – E4 8970 - 12621 Assistant Director of Public Utilities 620100e – E4 8970 - 12621 Assistant Director of Public Works 210089e – E4 8970 - 12621 Assistant Police Chief 415010e – E4 8970 - 12621 Assistant Retirement Administrator 135040e – E7 6905 - 9717 Budget Analyst 135006e 12 E11 3830 - 5390 Budget Manager 135008e – E4 8970 - 12621 Chief Assistant City Attorney 160015e – E3 10946 - 15325 Chief Information Officer 125067e – E3 10946 - 15325 Chief of Staff to the Mayor 150123e – E4 8970 - 12621 City Attorney 160009e - E1 14475 - 20270 City Clerk 150125e – E6 7984 - 11235 City Engineer 210080e – E3 10946 - 15325 City Manager 150130e - E1 14475 - 20270 Community Coordinator 150075e – E11 3830 - 5390 Community Outreach Specialist 150230e – E11 3830 - 5390 Controller 135021e – E3 10946 - 15325 Council Assistant 150085e – E9 2840 - 8834 Deputy City Attorney II 160006e – E10 5714 - 8000 Deputy City Attorney III 160007e – E8 5000 - 8834 Deputy City Manager 150140e – E7 6905 - 9717 Director 150170e -- E3 10946 - 15325 Director of Aviation 310045e – E3 10946 - 15325 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Narrative Section 4. 7 Only applicable pursuant to employment agreements. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Development 220020e – E3 10946 - 15325 Director of Personnel Services 150042e – E3 10946 - 15325 Director of Public Utilities 620101e – E3 10946 - 15325 Director of Transportation 310040e – E3 10946 - 15325 Economic Development Coordinator 150090e – E8 5000 - 8834 Economic Development Director 150099e – E3 10946 - 15325 Executive Assistant to Department Director 115003e – E12 3683 - 5133 Executive Assistant to the City Manager 115001e – E12 3683 - 5133 Fire Chief 425007e – E3 10946 - 15325 Governmental Affairs Manager 150240e – E8 5000 - 8834 Human Resources Manager 150025e – E7 6905 - 9717 Independent Reviewer 150220e – E6 7984 - 11235 Internal Auditor 135010e 12 E11 3830 - 5390 Labor Relations Manager 150030e – E7 6905 - 9717 Labor Relations Secretary 115010e 12 E12 3683 - 5133 Police Chief 415008e7 – E2 12590 - 17623 Principal Budget Analyst 135009e – E7 6905 - 9717 Principal Internal Auditor 135011e – E8 5000 - 8834 Public Affairs Officer 150118e – E8 5000 - 8834 Public Works Director 210085e – E3 10946 - 15325 Redevelopment Administrator 150080e – E4 8970 - 12621 Retirement Administrator 135030e – E3 10946 - 15325 Risk/Safety Manager 150035e – E7 6905 - 9717 Senior Budget Analyst 135007e – E8 5000 - 8834 Senior Deputy City Attorney 160013e – E7 6905 - 9717 SEE APPENDIX FOR FOOTNOTES Page 2.2 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Senior Human Resources/Risk Analyst 150017e – E8 5000 - 8834 Supervising Deputy City Attorney 160010e – E6 7984 - 11235 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 2.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PRO B PER A B C D E F Account Clerk I 1300013 63 2298 2407 2521 2642 2772 - Account Clerk II 1300023 123 2521 2642 2772 2901 3041 - Accountant-Auditor I 1300114 124 3426 3587 3759 3947 4138 - Accountant -Auditor II 1300124 124 3984 4173 4381 4593 4817 - Accounting Technician 130010 12 3041 3189 3343 3502 3674 - Administrative Clerk I 1100013 63 2125 2228 2333 2444 2561 - Administrative Clerk II 1100023 123 2333 2444 2561 2683 2815 - Airports Operations Officer 310006 12 3409 3579 3759 3948 4143 - Airports Property Specialist I 1750014 124 4057 4256 4464 4680 4911 - Airports Property Specialist II 1750024 124 4717 4947 5190 5442 5710 - Associate Electrical Safety Consultant I 230022 12 4544 4766 5000 5240 5498 - Associate Electrical Safety Consultant II 230023 12 4766 5000 5240 5498 5769 - Associate Environmental & Safety Consultant I 230003 12 4544 4766 5000 5240 5498 - Associate Environmental & Safety Consultant II 230004 12 4766 5000 5240 5498 5769 - Associate Plumbing & Mechanical Consultant I 230012 12 4544 4766 5000 5240 5498 - Associate Plumbing & Mechanical Consultant II 230013 12 4766 5000 5240 5498 5769 - Billing System Specialist 125075 12 3031 3179 3334 3489 3657 - Budget Technician 135005 12 3090 3238 3395 3559 3733 - Building Inspector I 2300074 124 4334 4544 4766 5000 5240 - Building Inspector II 2300084 124 4544 4766 5000 5240 5498 - Building Inspector III 230009 12 4766 5000 5240 5498 5769 - SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PRO B PER A B C D E F Buyer I 1400014 124 3564 3739 3921 4112 4312 - Buyer II 1400024 124 3921 4112 4312 4522 4743 - Call Center Representative I 1150703 63 2521 2642 2778 2901 3041 - Call Center Representative II 1150713 123 2772 2901 3041 3189 3343 - Central Printing Clerk 120005 12 2333 2444 2561 2683 2815 - City Records Specialist 115025 12 3090 3238 3395 3559 3733 - Commercial Building Inspector 230015 12 4453 4671 4899 5134 5388 - Community Recreation Assistant 520010 12 2547 2667 2781 2898 3029 - Community Revitalization Specialist 230053 12 4015 4226 4436 4654 4913 5121 Community Services Officer I 4100254 124 2650 2777 2909 3050 3196 - Community Services Officer II 4100264 124 2909 3050 3196 3351 3514 - Computer Systems Specialist I 1250104 124 3690 3867 4056 4254 4461 - Computer Systems Specialist II 1250114 124 4353 4564 4787 5021 5268 - Computer Systems Specialist III 125012 12 4893 5132 5385 5647 5926 - Construction Compliance Specialist 150055 12 3610 3779 3964 4157 4357 - Crime Scene Technician I 4100104 124 3450 3616 3791 3977 4171 - Crime Scene Technician II 4100114 124 3791 3977 4171 4373 4587 - Customer Services Clerk I 1150603 63 2298 2407 2521 2642 2772 - Customer Services Clerk II 1150613 123 2521 2642 2772 2901 3041 - Development Services Coordinator 230057 12 4220 4457 4679 4907 5147 - Emergency Services Dispatcher I 4100015 125 3145 3275 3416 3578 3732 - Emergency Services Dispatcher II 4100025 125 3376 3540 3714 3895 4077 - Emergency Services Dispatcher III 410003 12 3785 3964 4161 4358 4570 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PRO B PER A B C D E F Engineer I 2100154 124 4119 4317 4526 4748 4972 - Engineer II 2100164 124 4781 5007 5253 5504 5786 - Engineering Aide I 2100013 63 2676 2799 2933 3073 3224 - Engineering Aide II 2100023 123 3089 3238 3389 3552 3729 - Engineering Inspector I 2300754 124 4015 4224 4420 4632 4862 - Engineering Inspector II 2300764 124 4397 4610 4836 5072 5320 - Engineering Technician I 2100054 124 3162 3314 3479 3639 3815 - Engineering Technician II 2100064 124 3552 3729 3907 4095 4295 - Environmental Control Officer 620001 12 3961 4155 4351 4564 4783 - Facilities Construction Specialist 230085 12 4157 4356 4570 4790 5025 - Fire Prevention Inspector I 4200014 124 3662 3839 4019 4220 4427 - Fire Prevention Inspector II 4200024 124 4238 4436 4654 4886 5121 - Fleet Operations Specialist 710105 12 3843 4026 4225 4430 4647 - Geographic Information System (GIS) Specialist 125025 12 4893 5132 5385 5647 5926 - Graphics Technician 120013 12 3325 3491 3666 3849 4042 - Helicopter Pilot 410033 12 5118 5373 5642 5924 6220 - Housing Rehabilitation Specialist 230056 12 4128 4334 4551 4779 5018 - Industrial/Commercial Water Conservation Representative 610015 12 3961 4155 4351 4564 4783 - Inorganic Chemist 620020 12 4018 4216 4421 4636 4863 - Laboratory Assistant 620010 12 2754 2890 3027 3174 3327 - Laboratory Technician I 6200114 124 3327 3488 3657 3833 4018 - Laboratory Technician II 6200124 124 3657 3833 4018 4216 4421 - Landscape Water Conservation Specialist 610005 12 3868 4057 4255 4462 4679 - 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.3 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3285 3449 3622 3803 3993 - Network Systems Specialist 125030 12 4893 5132 5385 5647 5926 - PAR Program Specialist 410023 12 2909 3050 3196 3351 3514 - Paratransit Specialist 320005 12 3031 3179 3334 3489 3657 - Parking Controller I 7101204 124 2254 2349 2452 2553 2667 - Parking Controller II 7101214 124 2459 2567 2676 2788 2922 - Parking Controller III 710122 12 2676 2788 2922 3044 3180 - Phlebotomist 410007 12 2754 2890 3027 3174 3327 - Planner I 2200053 63 3592 3760 3945 4139 4341 - Planner II 2200063 123 4220 4457 4679 4907 5147 - Plans Examiner I 2100404 124 3583 3755 3938 4129 4333 - Plans Examiner II 2100414 124 4138 4334 4544 4766 5000 - Plans Examiner III 210042 12 4544 4766 5000 5240 5498 - Police Data Transcriptionist 115035 12 2815 2948 3090 3238 3395 - Principal Account Clerk 130004 12 3041 3189 3343 3502 3674 - Program Compliance Officer 640026 12 3339 3507 3683 3868 4061 - Programmer/Analyst I 1250204 124 3690 3867 4056 4254 4461 - Programmer/Analyst II 1250214 124 4353 4564 4787 5021 5268 - Programmer/Analyst III 125022 12 4893 5132 5385 5647 5926 - Programmer/Analyst IV 125023 12 5252 5511 5783 6064 6361 - Property & Evidence Technician 145010 12 3205 3360 3523 3695 3872 - Radio Dispatcher 120015 12 2683 2810 2931 3064 3195 - Rangemaster/Armorer 410035 12 3977 4171 4373 4587 4812 - Real Estate Finance Specialist I 1700014 124 3268 3426 3587 3763 3947 - Real Estate Finance Specialist II 1700024 124 3736 3917 4108 4307 4517 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3103 3251 3409 3575 3746 - Retirement Counselor I 1350504 124 3041 3189 3343 3504 3674 - Retirement Counselor II 1350514 124 3343 3504 3674 3852 4041 - Safety Specialist 150050 12 3162 3313 3476 3644 3821 - Secretary 110050 12 2815 2948 3090 3238 3395 - Senior Account Clerk 130003 12 2772 2901 3041 3189 3343 - Senior Administrative Clerk 110003 12 2561 2683 2815 2948 3090 - Senior Buyer 140003 12 4312 4522 4743 4975 5217 - Senior Call Center Representative 115072 12 3158 3314 3480 3654 3837 - Senior Commercial Building Inspector 230016 12 4671 4899 5134 5388 5652 - Senior Community Revitalization Specialist 230054 12 4669 4902 5147 5445 5743 - Senior Community Services Officer 410027 12 3128 3278 3437 3602 3778 - Senior Crime Scene Technician 410012 12 3977 4171 4373 4587 4812 - Senior Customer Services Clerk 115062 12 2772 2901 3041 3189 3343 - Senior Engineering Technician 210007 12 4119 4317 4526 4748 4972 - Senior Fire Prevention Inspector 420003 12 4750 4978 5216 5472 5743 - Senior Laboratory Technician 620013 12 4018 4216 4421 4636 4863 - Senior Network Systems Specialist 125031 12 5252 5511 5783 6064 6361 - Senior Property & Evidence Technician 145011 12 3523 3695 3872 4060 4259 - Senior Records Clerk 110101 12 2683 2815 2948 3090 3238 - Senior Secretary 110051 12 3090 3238 3395 3559 3733 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3205 3360 3523 3695 3872 - Senior Utility Service Representative 230092 12 3251 3409 3575 3746 3931 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 5252 5511 5739 6064 6361 - Staff Assistant 150001 12 3031 3179 3334 3489 3657 - Storeskeeper 145001 12 2917 3059 3205 3360 3523 - Survey Party Technician 210030 12 3552 3729 3907 4095 4295 - Tax/Permit Representative 135001 12 3179 3334 3489 3657 3839 - Tree Program Specialist 510015 12 3868 4057 4255 4462 4679 - Utility Service Representative I 2300904 124 2695 2823 2958 3102 3251 - Utility Service Representative II 2300914 124 2958 3102 3251 3409 3575 - Wastewater Reclamation Coordinator 620035 12 4057 4256 4464 4680 4911 - Water Conservation Representative 610001 12 2667 2781 2898 3043 3179 - Water Systems Telemetry & Distributed Control Specialist 610021 12 4353 4564 4787 5021 5268 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 7/1/14 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4391 4611 – – – – Police Officer 415002 1210 5073 5327 5594 5874 6168 6477 Police Specialist 415003 – 5073 5327 5594 5874 6168 6477 Police Sergeant 415004 12 6115 6421 6743 7081 7436 7808 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 1/1/15 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4479 4703 – – – – Police Officer 415002 1210 5175 5434 5706 5992 6292 6607 Police Specialist 415003 – 5175 5434 5706 5992 6292 6607 Police Sergeant 415004 12 6238 6550 6878 7222 7584 7964 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.61 per hour Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 7/14/14 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 6 Unit 6 – Bus Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E F Bus Driver 320015 9 16.133711 17.969250 18.842250 19.737634 21.606750 22.692403 Bus Driver 320015 9 2797 3115 3266 3422 3746 3934 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective June 16, 2014 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6060 Concrete Finisher 730005 12 Flat Rate 5285 Electrician 730010 12 Flat Rate 5481 Painter 730015 12 Flat Rate 4816 Plumber 730030 12 Flat Rate 5481 SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Airport Public Safety Officer 310002 – Flat Rate $28.32 Per Hour Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $9.00 Per Hour Information Services Aide 125001 – Hourly $9.00 - $22.00 Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $9.00-$9.50 Per Hour Police Cadet I 940005 – Hourly $9.92 - $12.48 Per Hour Police Cadet II 940006 – Hourly $12.49 - $16.00 Per Hour Pool Supervisor 950015 – Hourly $12.00-$22.00 Per Hour Senior Lifeguard 950002 – Hourly $9.50-$11.00 Per Hour Services Aide 910005 – Hourly $9.00 - $15.00 Per Hour Sports Official 950010 – $9.00 - $50.00 Per Game Student Aide II 910002 – Hourly $9.00 Per Hour Student Bus Driver 9300018 - Hourly $14.50 Per Hour 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 9 Unit 9 – Police Management effective 7/1/14 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,285 Police Captain 415006e 12 8709 9145 9603 10,084 10,589 10,944 Police Lieutenant 415005e 12 7563 7942 8340 8757 9195 9504 EXHIBIT 9 Unit 9 – Police Management effective 1/1/15 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,531 Police Captain 415006e 12 8884 9329 9796 10,286 10,801 11,163 Police Lieutenant 415005e 12 7715 8101 8507 8933 9380 9695 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 10 Unit 10 – Fire Management effective 2/10/14 CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- 10,001 10,502 11,028 11,580 12,160 12,768 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 12.1 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5030 5277 5533 5806 6090 Airports Airside/Landside Superintendent 310018e 12 5191 5446 5714 5994 6288 Airports Projects Supervisor 310016e 12 5819 6105 6405 6719 7052 Airports Property Supervisor 175005e 12 5084 5334 5597 5872 6159 Architect 210045e 12 5267 5525 5797 6081 6380 Assistant Chief of Wastewater Treatment Operations 620079e 12 5361 5621 5897 6187 6490 Call Center Supervisor 115073e 12 3831 4017 4212 4415 4632 Capital Development Specialist 310007e 12 5385 5651 5930 6219 6525 Chief Engineering Inspector 230078e 12 5377 5641 5918 6209 6513 Chief Engineering Technician 210009e 12 6297 6606 6932 7274 7633 Chief of Facilities Maintenance 810037e 12 5848 6137 6438 6754 7086 Chief of Solid Waste Operations 640035e 12 5597 5872 6159 6462 6780 Chief of Wastewater Environmental Services 620075e 12 5597 5872 6159 6462 6780 Chief of Wastewater Facilities Maintenance 620085e 12 5848 6137 6438 6754 7086 Chief of Wastewater Treatment Operations 620080e 12 5914 6208 6512 6832 7168 Chief of Water Operations 610070e 12 6009 6304 6617 6942 7282 Chief Police Pilot 410031e 12 6606 6932 7274 7633 8011 Chief Surveyor 210032e 12 6606 6932 7274 7633 8011 Collection System Maintenance Supervisor 630005e 12 4691 4921 5162 5416 5682 Community Recreation Supervisor I 520015e 12 4075 4275 4484 4705 4933 Community Recreation Supervisor II 520016e 12 4471 4691 4922 5165 5416 Community Sanitation Supervisor I 720042e 12 4942 5183 5439 5705 5986 Contract Compliance Officer 150061e 12 4162 4364 4578 4804 5036 Custodial Supervisor 810025e 12 3417 3584 3758 3942 4131 DBE/Small Business Coordinator 150070e 12 4806 5039 5287 5546 5820 SEE APPENDIX FOR FOOTNOTES Page 13-1.1 EXHIBIT 13-1 Unit 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Emergency Preparedness Officer 420020e 12 3915 4107 4307 4518 4738 Emergency Services Communications Supervisor 410004e 12 4388 4601 4825 5062 5310 Energy Efficiency Supervisor 230058e 12 4691 4921 5162 5416 5682 Equipment Supervisor 720031e 12 5327 5586 5860 6149 6451 Fire Prevention Engineer 210055e 12 5819 6105 6405 6719 7052 Fleet Administration Supervisor 720025e 12 5165 5416 5682 5961 6254 Forestry Supervisor I 510030e 12 4075 4275 4484 4705 4933 Forestry Supervisor II 510031e 12 4471 4691 4922 5165 5416 Housing Program Supervisor 230055e 12 5113 5366 5628 5904 6194 Human Resources Records Supervisor 115050e 12 4180 4385 4599 4823 5060 Industrial Electrician Supervisor 720020e 12 5588 5868 6161 6469 6794 Information Services Supervisor 125032e 12 6030 6326 6635 6962 7308 Laboratory Supervisor 620014e 12 4864 5102 5352 5615 5892 Parking Supervisor 720035e 12 3003 3147 3299 3459 3628 Parks Supervisor I 510025e 12 4075 4275 4484 4705 4933 Parks Supervisor II 510026e 12 4471 4691 4922 5165 5416 Planner III 220007e 12 4792 5028 5273 5533 5804 Power Generation System Supervisor 620056e 12 5327 5586 5860 6149 6451 Principal Accountant 130014e 12 5314 5575 5850 6137 6438 Professional Engineer 210100e 12 5819 6105 6405 6719 7052 Project Manager 150065e 12 5385 5651 5930 6219 6525 Records Supervisor 115045e 12 4180 4385 4599 4823 5060 Recycling Coordinator 640001e 12 4065 4263 4470 4688 4918 Revenue Supervisor 135025e 12 3831 4017 4212 4415 4632 Senior Accountant-Auditor 130013e 12 4410 4626 4853 5092 5339 Senior Building Inspector 230034e 12 4895 5136 5387 5652 5931 Senior Electrical Safety Consultant 230024e 12 4895 5136 5387 5652 5931 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 13-1.2 EXHIBIT 13-1 Unit 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Senior Engineering Inspector 230077e 12 4895 5136 5387 5652 5931 Senior Environmental & Safety Consultant 230005e 12 4895 5136 5387 5652 5931 Senior Plumbing & Mechanical Consultant 230014e 12 4895 5136 5387 5652 5931 Senior Real Estate Agent 170012e 12 5237 5493 5763 6047 6344 Solid Waste System Supervisor 640030e 12 4913 5154 5403 5670 5947 Street Maintenance Superintendent 720004e 12 6115 6420 6743 7080 7435 Street Maintenance Supervisor 720001e 12 5643 5921 6211 6516 6837 Supervising Buyer 140004e 12 4681 4911 5148 5402 5666 Supervising Commercial Building Inspector 230036e 12 4895 5136 5387 5652 5931 Supervising Crime Scene Technician 410013 12 4286 4496 4714 4946 5187 Supervising Engineering Technician 210008e 12 5544 5819 6105 6405 6719 Supervising Environmental Control Officer 620005e 12 4864 5102 5352 5615 5891 Supervising Fire Prevention Inspector 420005e 12 5125 5375 5642 5919 6210 Supervising Planner 220008e 12 5264 5522 5792 6076 6373 Supervising Plans Examiner 210044e 12 5385 5651 5930 6219 6525 Supervising Professional Engineer 210110e 12 6606 6932 7274 7633 8011 Supervising Real Estate Agent 170013e 12 5751 6034 6330 6641 6968 Survey Party Chief 210031e 12 4400 4614 4841 5076 5328 Transit Supervisor I 320050e 12 4913 5154 5403 5670 5947 Transit Supervisor II 320051e 12 5327 5586 5860 6149 6451 Treasury Officer 135015e 12 5314 5575 5850 6137 6438 Wastewater Treatment Maintenance Supervisor 620070e 12 5473 5741 6023 6320 6630 Water Conservation Supervisor 610045e 12 5473 5741 6023 6320 6630 Water System Supervisor 610055e 12 5473 5741 6023 6320 6630 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 13-1.3 EXHIBIT 13-2 Unit 13-2 – Non-Management Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Database Administrator 125045e 12 5574 5844 6132 6432 6748 Human Resources Analyst 150016e 12 3915 4107 4307 4518 4738 Legal Assistant 160001 12 3487 3656 3833 4021 4218 Legal Secretary I 115015 12 2878 3016 3161 3313 3475 Legal Secretary II 115016 12 3181 3336 3496 3665 3844 Management Analyst I 150020e4 124 3193 3349 3511 3683 3864 Management Analyst II 150021e4 124 3915 4107 4307 4518 4738 Risk Analyst 150010e 12 4303 4513 4733 4965 5209 Senior Database Administrator 125046e 12 6145 6439 6748 7071 7423 Senior Human Resources Technician 150014 12 3180 3333 3492 3662 3841 Systems Security Administrator 125050e 12 5055 5300 5562 5833 6119 e Exempt class, see Narrative Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. . 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 13-2.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Administrative Manager 220025e – E9 2840 - 8834 Airports Marketing & Public Relations Coordinator 310150e E9 2840 - 8834 Airports Operations Manager 310020e – E9 2840 - 8834 Airports Planning Manager 310019e – E9 2840 - 8834 Airports Properties Manager 310021e – E9 2840 - 8834 Assistant City Clerk 115030e – E9 2840 - 8834 Building & Safety Services Manager 230031e – E9 2840 - 8834 City Traffic Engineer 210076e – E9 2840 - 8834 Communications Manager 125060e – E9 2840 - 8834 Community Sanitation Manager 720040e – E9 2840 - 8834 Construction Manager 210096 -- E9 2840 - 8834 Division Manager 150024e – E9 2840 8834 Economic Development Analyst 150095e – E9 2840 - 8834 Facilities Manager 810040e – E9 2840 - 8834 Fleet Manager 720032e – E9 2840 - 8834 Grant Writer 150105e – E9 2840 - 8834 Housing & Neighborhood Revitalization Manager 230065e – E9 2840 - 8834 Information Services Manager 125055e – E9 2840 - 8834 Law Office Manager 115020e – E9 2840 - 8834 Management Analyst III 150022e – E9 2840 - 8834 Parks Manager 510035e – E9 2840 - 8834 Planning Manager 220010e – E9 2840 - 8834 Public Works Manager 210095e – E9 2840 - 8834 Purchasing Manager 140005e – E9 2840 - 8834 Recreation Manager 520025e – E9 2840 - 8834 Retirement Benefits Manager 135045e – E9 2840 - 8834 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 14.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Revenue Manager 135026e – E9 2840 - 8834 Sewer Maintenance Manager 630010e – E9 2840 - 8834 Solid Waste Manager 640040e – E9 2840 - 8834 Training Officer 150046e – E9 2840 - 8834 Transit Maintenance Manager 320060e – E9 2840 - 8834 Transit Operations Manager 320055e – E9 2840 - 8834 Wastewater Manager 620095e – E9 2840 - 8834 Water System Manager 610075e – E9 2840 - 8834 e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6170 6480 6805 7144 7503 Airport Public Safety Supervisor** 310005 12 5396 5664 5949 6247 6557 * Hired before July 1, 2010 ** Hired after July 1, 2010 SEE APPENDIX FOR FOOTNOTES Page 15.1 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 Deleted July 1, 2010. Provision no longer in use. 7 Only applicable pursuant to employment agreements. 8 Deleted July 1, 2014. 9 Deleted July 14, 2014. 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. e Exempt class, see Narrative Section 4. 8/25/14 First Council Amendment Supersedes Original * * * * * * * * * CLERK’S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ______ day of __________, 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: ______________________________________, 2014 Mayor Approval/No Return: ______________________________________, 2014 Mayor Veto: ______________________________________, 2014 Council Override Vote: ______________________________________, 2014 YVONNE SPENCE, CMC City Clerk BY: __________________________ APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: _________________________________ Tina Griffin Supervising Deputy City Attorney RECEIVED ¿ü11 fi,rt0 26 Pn I 1,2 CITY CLERK, FRESNO CA Age nda ltem : G enera I Ad m i n istration aD#t4-27 6 Council Date: 81 28l2OL4 FRESNO CITY COUNCIL City ofÉo=alrSlzz=-fflE-=iE7¿.ñ-- Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2OL4 Supplemental Packet Date: August 26,2Ot4 Item(s) Generaf Administration ltem lD# t4-276 - RESOTUTION - adopt the First Amendment to the FY 15 Salary Resolution No. 2OL4-L08, reducing benefits and increasing salary ranges for Unit 2 (unrepresented) employees; adding new classifications of represented employees; modifying salaries to reflect change in minimum wage; additional technicat changes l't Amendment to Salary Resolution No. 2014-108. Supplemental Information : Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(21. ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (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 621-7650. 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 Fiscal Year 2015 (July 1, 2014 – June 30, 2015) Salary Resolution Personnel Services Department Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ First Amendment to Salary Resolution 2014-108 Resolution No. FY15 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................. 1 SECTION 2. – SALARY STEP PLAN ........................................................................... 1 SECTION 3. – MONTHLY RATES OF PAY ................................................................. 5 SECTION 4. – EXEMPT JOB CLASSES ..................................................................... 5 SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES ....................................................................................... 6 SECTION 6. – FLEXIBLE STAFFING .......................................................................... 6 SECTION 7. – ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .. 6 SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............. 8 SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 9 SECTION 10.– ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 .......................... 10 SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ................................... 13 SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ... 14 SECTION 13. – VACATION BALANCES FOR EMPLOYEES IN EXHIBIT 2 ............... 14 SECTION 14. – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ...... 15 SECTION 15. – SALARY RATES ................................................................................ 15 SECTION 16. – DEGREE AND CERTIFICATE PAY ................................................... 16 SECTION 17. – BILINGUAL CERTIFICATION PROGRAM ......................................... 16 SECTION 18. – SHIFT DIFFERENTIAL PAY .............................................................. 18 SECTION 19. – SPLIT SHIFT PAY .............................................................................. 19 SECTION 20. – BENEFITS FOR FULL-TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2 .............................................. 19 SECTION 21.– BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES ..................................................................................... 22 SECTION 22. – SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES 24 SECTION 23. – UNUSUAL CIRCUMSTANCES ........................................................... 24 SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .................................................. 24 SECTION 25. – CONFLICTING RESOLUTIONS......................................................... 25 SECTION 26. – RESOLUTION EFFECTIVE DATE ..................................................... 25 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FY14 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, MAKING THE FIRST AMENDMENT TO RESOLUTION NO. 2014-108 ENTITLED “A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FY 2015” RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. – SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service; provided, however, that if any provisions of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) and currently in effect is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOUemorandum of Understanding or T & C shall prevail.’ SECTION 2. – SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions, unless modified by applicable MOU: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or his/her designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 2 D. The fourth step shall be paid upon completion of one (1) year of service at the third step. E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. Unless modified by applicable MOU, employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H. Unless modified by applicable MOU, raises to the second, third, fourth, fifth, and sixth steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or his/her designee. A raise to any step may be made at any time by the City Manager or his/her designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except that where employees work a 56-hour work week, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I. 1. Unless modified by applicable MOU, an employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. 2. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 3 the new class range after adding five percent (5%) to the employee’s salary rate. J. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date. K. A permanent employee, filling a position in a higher class on a temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Subsection I above. L. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent ion whose behalf it is authorized. M. Step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 4 At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date, for purposes of future step increases in the class. N. Transfer to a new classification in which no salary change occurs shall result in a new anniversary date upon which advancement to the next step shall be calculated. O. In lieu of a Salary Step Plan, an eExecutive Pay Range Plan for certain classes is set forth in Exhibit 2, attached. 1. For purposes of calculating retirement benefits for any employee retired from one of the classes in the Executive Pay Range Plan prior to the effective date of the Executive Pay Range Plan, the highest step for the class shall be equal to the control point as established by these rules and regulations. The D, C, B, and A steps shall be five percent (5%) below the respective preceding steps. In those classifications for which an “F” step exists, the “F” step for the class shall be equal to the control point as established by these rules and regulations. The E, D, C, B, and A steps shall be five percent (5%) below the respective preceding steps unless modified by the respective MOU. 2. The salary for each executive employee in the E1 through E12, E2, and E3 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or his/her designee, except for those ranges established by an MOU. The City Manager or his/her designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 5 3. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. P. After any permanent employee holding a position in Exhibit 2 has completed ten (10) full working days of service in a higher class pursuant to one or more such assignments, the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. Except where provided herein, temporary assignment to perform the duties of absent employees shall be in accordance with FMCresno Municipal Code Section 3-260. SECTION 3. – MONTHLY RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. SECTION 4. – EXEMPT JOB CLASSES Employees in classes listed in any salary resolution or approved MOUemorandum of Understanding whose job codes are marked with a small “e” shall not be entitled to payment or compensatory time off for overtime as 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 6 provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSAair Labor Standards Act, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are containedset forth within the applicable provisions of FLSA regulations.based upon job performance are prohibited. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified American with Disabilities Act/California Family Rights Act medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. – WAGES AND OVERTIME FOR TEMPORARY AND PART-TIME EMPLOYEES Temporary and part-time employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSAair Labor Standards Act, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class. SECTION 67. – FLEXIBLE STAFFING An employee holding a permanent appointment in a position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director head recommends such appointment. Such appointments may be made without regard to the number of positions listed for that class in the Position Authorization Resolution of the current budget, provided that the number of employees assigned to all classes in the group is authorized in the Position Authorization Resolution of the budget. SECTION 76. – 4/10 AND 9/80 ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 7 Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per work week. The work week begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week Fair Labor Standards Act (FLSA) work weeks. All employees working a 9/80 work schedule shall have an FLSA work week, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 112 holidays of eight (8) hours, plus their birthdays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and may elect to either take two (2) hours vacation, annual, holiday, or administrative leave or receive two (2) hours leave without pay if on a 4/10 schedule, or one (1) hour vacation, annual, holiday, or administrative leave or receive one (1) hour leave without pay if on a 9/80 schedule, and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work, on a holiday, which is a regular work day, shall receive eight (8) hours of holiday leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of holiday leave. If an employee in this group is required to and does work on the employee’s birthday, or the employee’s birthday falls on a holiday or any regular day off, eight (8) hours shall be credited to the employee’s holiday leave balance on the first pay period following the employee’s birthday. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of annual leave per month as under a 5/8 plan. Annual leave will be granted for the actual number of hours absent. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 8 C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of sick leave per month, and receive sick leave pay for the actual number of hours absent, provided the employee has a sufficient balance of sick leave hours. 2. Vacation: Employees on a 4/10 or 9/80 plan shall accumulate the same number of hours vacation per month as under a 5/8 plan. Vacation leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of vacation leave hours. SECTION 8. – ADMINISTRATIVE LEAVE FOR EMPLOYEES IN EXHIBIT 2 Full time employees permanently appointed to positions in classes, which are included in Exhibit 2 who are not entitled to payment for, or equivalent compensatory time off for overtime work (as described in Section 4.), shall be granted administrative leave, or as may be provided below. A balance of 60 hours as designated by the Section designation above shall be credited to each such employee as of the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of administrative leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of administrative leave for each full month of such provisional or limited appointment. Administrative leave not taken during the fiscal year in which it is credited shall not be added to the leave credited in the next fiscal year., but an Eemployees may receive request payment and be compensated for up to forty-eight (48) hours of administrative leave during the fiscal year in which it is credited, for any administrative leave not taken, subject to rules established by the City Manager. Employees shall be compensated for any administrative leave balance, not to exceed sixty (60) hours, upon termination from City service. Administrative leave shall be scheduled at the convenience of the department. Approval by the City Manager or his/her designee must be obtained before an appointing authority may take such leave. Employees with Supplemental Administrative Leave earned in fiscal year 2014 must use such leave prior to June 30, 2015. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 9 B. An appointing authority, with the approval of the City Manager, may grant up to an additional 32 hours administrative leave each year to full time exempt employees in Exhibit 2 based on annual job performance. 1. The determination by the department director to grant the additional administrative leave shall be made at the time the annual performance evaluation is completed, and credited the following July 1st. Any such additional administrative leave must be used within the fiscal year in which it was credited and cannot be cashed in by employees. For employees in Exhibit 2 earned, but uncredited additional administrative leave shall be paid to an employee at the time of separation from employment with the City. SECTION 9. – SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 A. Employees holding a permanent appointment in a class included in Exhibit 2 who are not participating in the annual leave plan and who meet the eligibility criteria in Section 20(D)20(F), shall, upon separation from City service, if eligible for service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated sick leave balances in excess of (240) hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 20(D)20(F). B. Family Sick Leave: Employees holding a permanent appointment in a class included in Exhibit 2, who are not participating in the annual leave plan, shall be allowed to use up to (48) hours of accumulated sick leave per fiscal year for Family Sick Leave, and up to 20 hours of supplemental sick leave in accordance with the provisions for such leave. The purpose of this benefit is to allow employees time to care for members of their immediate family or domestic partners (as defined by the FMCresno Municipal Code and California Labor Code Section 233). Family Sick Leave may be used to actually care for or arrange for the care of family members or domestic partners who are ill and cannot care for themselves, or to take family members or domestic partners to routine medical or dental appointments. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Family Sick Leave shall be authorized and recorded by an appointing authority or designee. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 10 SECTION 10. – ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMCresno Municipal Code Section 3-107, and Vacation Leave, as provided in Section 212, Subsection B of this Salary Resolution and FMCresno Municipal Code Section 3-108. A.B. For employees on a (40) hour work schedule, the annual leave plan shall be as follows: 1. Annual Leave Accrual – Vacation leave and sick leave will no longer be accumulated as provided in the FMC, but as detailed below. Except for Administrative Orders 2-20 (Sick Leave Policy) and 2-19.1 (Attendance Policy) and any other exceptions noted herein, all other provisions of the FMC, City administrative orders, policies, procedures, and rules and regulations concerning leave administration will continue to apply. Employees holding a permanent appointment in a class included in Exhibit 2, who are participating in the annual leave plan, shall be allowed to use up to the hours of annual leave accumulated in six (6) months for Family Sick Leave. a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be (15.5) hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual accrual rate to the same level for Non-Represented employees. For such employees who have been continuously employed by the City for less than ten (10) years and became permanent City employees on or after August 31, 2014, the annual leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 11 more, and were permanent City employees prior to August 31, 2014, the annual leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the annual leave accrual rate to the same level for Non-Represented employees. For such employees who have been continuously employed by the City for ten (10) years or more and became permanent City employees on or after August 31, 2014, the annual leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, Tthe accumulation of unused annual leave will not exceed (1,200) hours for employees in the E1, E2, and E3 ranges; 1,000 hours for employees in the E4 range; and 840 hours for employees in Executive Pay ranges E6 through E12. No extension to the annual leave accumulation limit will be allowedIn the event an employee has an annual leave balance over the limits listed above, accruals will cease until the balance is under the limit. d. Use of Annual Leave – Annual leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, and rules and regulations regarding approval of time off. e. Transfer – An employee transferring to a position in a bargaining group, which is not covered by annual leave may either cash out his or her unused annual leave balance at his or her applicable base rate of pay, or have the unused annual leave balance converted to a non-accruing annual leave balance of hours. The conversion is obtained by multiplying unused annual leave hours by the applicable class’s base rate of pay (converted to an hourly figure), dividing the product by the transfer class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 12 f. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten (10) percent of their annual leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. f. g. Unused Annual Leave Pay Out – Upon separation from City service, an employees will be compensated for all unused annual leave balances at his or her their applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. Upon separation from City service, the employee will be compensated for all unused annual leave hours at his or her current applicable base rate of pay. Payment received under this provision will not be considered pensionable for retirement purposes. a. Unused Annual Leave Pay Out During Fiscal Year – Employees will be permitted to cash out up to 48 hours or 25 percent of their annual leave balance, whichever is greater, each fiscal year. 2. Vacation Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused vacation leave balances transferred into their annual leave account. 3. Sick Leave Balances Unused – Employees transferring to a position covered by annual leave will have their unused sick leave balances frozen. a. Use of Frozen Sick Leave – Except for usage permitted by California Labor Code Section 233 (Sick Leave; Use to Attend to Illness in Family) and Special Sick Leave, frozen sick leave balances may only be used by the employee for a medically verified extended illness over (24) consecutive work hours. Conversion example: 100 unused hrs x $15.00 (base rate) = 75 hrs placed in non-accruing $20.00 (Transfer class base rate) annual leave balance account 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 13 b. Unused Frozen Sick Leave Pay Out – Upon separation from City service, if eligible for service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 20(D)20(F) shall be credited with the number of accumulated frozen sick leave balances in excess of (240) hours at the time of retirement multiplied by (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRAealth Reimbursement Arrangement as set forth in Section 20(D)20(F). 4. Pensionability – Monies payable under the annual leave program will not be considered pensionable for retirement purposes. SECTION 11. – HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 All employees in classes or positions listed in Exhibit 2 of this Salary Resolution shall be entitled to the holidays listed in FMCresno Municipal Code Section 3-116 except that, in lieu of February 12 (Lincoln’s Birthday) and September 9 (Admissions Day)., such employees shall accrue eight (8) hours holiday leave on January 1 and eight (8) hours holiday leave on July 1 of each calendar year. Employees may request payment and be compensated for up to 48 hours or 25 ten (10) percent of their holiday leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30., and for any balances upon separation from City service. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated holiday leave balances received under this provision will not be considered pensionable for retirement purposes. Any employee in Exhibit 2 of this Salary Resolution who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to his or her holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, (or is celebrated falls on the employee’s day off if the employee does not work a Monday through Friday schedule), such employee shall receive eight (8) hours holiday leave. If such employee is required to and does work on his or her birthday, or his or her birthday falls on a holiday or any regular day off, the number of hours worked up to eight (8) hours shall be credited to the employee’s holiday leave balance on the first day of the pay period following his or her birthday. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 14 SECTION 12. – SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to positions/classifications set forth in Exhibit 2 shall receive 40 hours of supplemental sick leave each fiscal year with an accrual limit of 80 hours. Supplemental sick leave hours Each July 1, Non-Represented management employees in positions/classifications set forth in Exhibit 2 will receive (40) hours of supplemental sick leave. Upon their employment by the City, new employees appointed to such positions shall be credited with aon a pro-rated basis number of hours for each full calendar month remaining on such appointment in the fiscal year. Employees in Unit 2 a Non-Represented management status will retain all supplemental sick leave hours already earned and may continue to utilize the hours: (1) once regular sick or annual leave has been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City if not eligible for participation in the HRAealth Reimbursement Arrangement; (4) may be used in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in a HRAealth Reimbursement Arrangement in accordance with Section 20(D)20(F); or (6) up to (20) hours per fiscal year for Family Sick Leave used only for those purposes defined in the California Labor Code 233. Use of Family Sick Leave shall be authorized and recorded by thea department director head or designee. Payment received under this provision will not be considered pensionable for retirement purposes. SECTION 1321. – VACATIONLEAVE BALANCES FOR EMPLOYEES IN EXHIBIT 2 A. Eligible employees in classes listed in Exhibit 2 who are not participating in the annual leave plan, shall accumulate vacation leave as provided in FMCresno Municipal Code Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused vacation leave credit for 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused vacation leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31st of that year, the employee has a balance of 240 or more hours of sick leave. All other provisions of FMCresno Municipal Code Section 3-108 shall apply. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 15 Payment received under this provision will not be considered pensionable for retirement purposes. B. Reduction in Force An employee in a class in Exhibit 2 who is not participating in the annual leave plan who is either demoted or transferred to a non-management class as a result of a reduction-in-force, pursuant to the provisions of FMCresno Municipal Code Section 3-291, may use any hours in the employee’s Vacation Leave balance that exceed the maximum allowable within one (1) year following the effective date of the bump or transfer, or request a payoff for those hours above the applicable maximum. The employee must either use, or request a pay off, prior to June 30 of the fiscal year in which the hours were credited, of any remaining Administrative Leave balance. Requests for payoff of excess Vacation Leave hours and/or Administrative Leave must be submitted prior to the effective date of the bump or transfer. SECTION 14.13 – ADMINISTRATIVE TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees who are designated as exempt from overtime under the provisions of the FLSAair Labor Standards Act and who receive administrative leave pursuant to Section 8, may be granted Administrative Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Administrative Time Off shall not be deducted from any existing leave banks. Administrative Time Off must be scheduled in advance when possible, approved as Administrative Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Administrative Time Off for a full day’s absence. SECTION 1514. – SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (each of which areis hereby incorporated herein, and made part hereof, as if fully set forth herein) shall be paid at the rates set forth therein opposite each class title: 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 16 EXHIBIT 1 - Non-Supervisory Blue Collar EXHIBIT 2 - Non-Represented Management and Confidential Classes EXHIBIT 3 - Non-Supervisory White Collar EXHIBIT 4 - Police Non-Management EXHIBIT 5 - Fire Non-Management EXHIBIT 6 - Transit EXHIBIT 7 - Non-Supervisory Groups and Crafts EXHIBIT 8 - Non-Represented EXHIBIT 9 - Police Management EXHIBIT 10 – Fire Management EXHIBIT 12 – Board and Commission Members and Elected Officials EXHIBIT 13-1A – Management Non-Confidential EXHIBIT 13-2B – Non-Management Confidential EXHIBIT 14 – Management Confidential EXHIBIT 15 - Airport Public Safety Supervisors SECTION 1615. – DEGREE AND CERTIFICATE PAY The following rules prescribe the payment of additional pay because of the acquisition of a degree, certificate, or similar qualificatEach employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. SECTION 17. – BILINGUAL CERTIFICATION PROGRAM The bilingual certification program consists of a City administered examination process whereby employees may apply for a bilingual examination in November, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. Bilingual premium pay is not pensionable unless otherwise required under the Fresno Municipal Code or under law. In conjunction with the Director of Personnel Services, department directors or their designees shall annually designate those positions or assignments for which bilingual skills are desired. A. Bilingual certification examinations will be conducted once per year in December. During the examination noticing period, examination applications will be available at the Personnel Services Department and City department personnel units. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 17 B. In order to qualify for the examination in December, the application must be received by the Personnel Services Department during the month of November, but no later than the last regular business day of November. C. In the event that an employee is hired, in part, because of bilingual skills, the Personnel Services Department may conduct a special examination for the employee outside of the window noted above. The determination will be made upon request by the Department/Division and approval by the Personnel Services Director. D. This bilingual certification program and application deadlines are not subject to the grievance or appeal process. E. Bilingual certification examinations are conducted for Cambodian, Hmong, Laotian, Sign, Spanish and Vietnamese languages. F. The bilingual premium pay rate for certified permanent employees is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. G. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. H. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. I. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 16. – ASSIGNMENT PAY The following rules prescribe payment of additional pay for assignment to and performance of certain duties. The pay shall be prorated for time so assigned and worked. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 18 An employee who has been assigned by the employee’s appointing authority to provide technical support on microcomputer, minicomputer, and/or local area network systems (excluding word processing systems) within the department shall receive premium pay, as provided below, for such assignment, provided that all of the following conditions are met: 1. The appointing authority certifies in writing that these duties and responsibilities cannot be appropriately assigned to any other position existing within the department, or the Information Services Department; 2. Only one employee per department may be so designated (exceptions may be considered on a case by case basis when geographical location and/or type of system require); 3. These duties and responsibilities are not contained within the employee’s permanent class specification, nor in the specification of any “acting,” provisional, or interim appointment; 4. The duties and responsibilities have accrued to the employee during the two (2) or more years immediately preceding the designation; 5. The duties are necessary to maintain software, hardware and related components required by the department’s automated operational systems. Word processing systems and applications software are excluded; 6. The duties must include Initial Program Load or “Boot” functions, performing or routing backups, servicing printers, daily batch and system start and stop functions. Some programming may be required; 7. The assignment shall be on-going and must constitute at least 20 percent (20%) of the employee’s duties. The premium pay for such assignment is $250.00 per month prorated on a pay period by pay period basis; however, the employee’s combined monthly salary, including any “acting,” provisional, or interim pay, plus premium pay shall not exceed the highest step of the salary range for Network Systems Specialist. SECTION 187. – SHIFT DIFFERENTIAL PAY Unless modified by applicable MOU, each employee not represented by a recognized employee organization who is required to work a night shift where at least four (4) or more hours worked occur after 5:00 p.m. and before 8:00 a.m., shall be paid an additional $1.00 for each shift so worked. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 19 SECTION 198. – SPLIT SHIFT PAY Each employee who holds a permanent appointment to a position in a class listed in an exhibit attached to this resolution, except any member of a class marked with a small “e,” a Bus Driver, or a uniformed member of the Fire or Police Department, who is required to work a split shift in excess of nine (9) hours, shall be paid $1.00 per hour for each shift so worked. SECTION 2019. – BENEFITS FOR FULL- TIME PERMANENT EMPLOYEES OCCUPYING CLASSES IN EXHIBIT 2– NON-REPRESENTED CLASSES A. Effective September 1, 2014, Tthe City’s contribution towards employee health insurance is 8075 percent of the premium established by the Fresno City Employees Health and Welfare Trust Board, and the employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. The cost of any future increases in the health and welfare premium will be shared on a fifty 50 percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty 30 percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at 30 percent, the City shall pay 70seventy percent (70%). Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. A.B. Benefits, including City contributions to deferred compensation, vehicle allowance, relocation expenses, and other such negotiated items, shall not be calculated as part of the base salary or salary ranges. C. Pay for performance bonuses for exempt employees shall be considered pensionable compensation for calculation of retirement benefits, but shall not be included as part of the base salary or salary ranges. D. Employees in Unit 2 who are in job classes with a salary ranges between E6 and through E12 are eligible to receive up to fifty dollars ($50) per month into the City Sponsored Deferred Compensation plan. Employees not currently participating in the plan will be required to complete a Participation Agreement. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 20 B.E. Permanent employees in Unit 2 hired on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half (1.5) percent (1.5%) contribution in cash. The one and one-half (1.5) percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. FD. The City currently maintains a HRAealth Reimbursement Arrangement (HRA) that qualifies as a “health reimbursement arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen sick leave and/or annual leave used for sick time and/or sick leave and/or vacation leave used for sick time (excluding only hours used for Workers’ Compensation benefits) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: • The number of accumulated supplemental sick leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with annual leave, the number of accumulated frozen sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. • For those with vacation/sick leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent of the employee’s then current hourly base rate of pay. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 21 • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable Exhibit, multiplied by 12 months then divided by 2,080 hours. TThe HRA accounts shall may be book accounts only - only or cash accounts at the City’s option. N– no actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued supplemental sick leave or frozen sick leave or sick leave at retirement. GE. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA at retirement. This section shall also be applied retroactively to those employees who separated from City employment on or after July 1, 2012. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 22 SECTION 210. – BENEFITS FOR PERMANENT EMPLOYEES IN EXHIBIT 8 AND PERMANENT PART-TIME AND PERMANENT INTERMITTENT EMPLOYEES A. Benefits for the Police Cadet series shall be as follows: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent position in the Police Department. Failure to successfully complete the on-going training program will be cause for termination pursuant to FMC 3-266. 2. Upon appointment to a permanent position, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Workers’ Compensation Benefits shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 5. Actual hours worked in excess of 40 hours a week shall be compensated as overtime. Overtime shall be at one and one-half (1.5) times the base rate of pay. 6. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or authorized designee. upon the final approval of such positions. B. Benefits for Permanent Intermittent (hereafter “PI”) and Permanent Part- Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare a. The City shall contribute toward the premium required by the Fresno City Employees Health and Welfare Trust, an amount of money on behalf of the employee in proportion to the number of hours scheduled for that position, as reflected in the adopted budget. The City shall make such contribution only on the condition that the employee agrees to contribute to the Fresno City Employees Health and Welfare Trust the difference between such City contribution 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 23 and the amount required by the Trust for the level of benefits provided. If the employee does not so agree, then the City shall make no contribution for Health and Welfare for such employee. Election to pay such difference shall be made within 30 days of appointment. b. An employee who declines to participate in the health plan at employment may elect to participate each year thereafter during the annual open enrollment period or within 30 days from the day of a qualified change in status. Participation at any time shall be done by deduction from the employee’s paycheck. 2. PI employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the City retirement system and shall be provided with Social Security benefits. 3. Workers’ Compensation Benefits for PI and PPT employees shall be those amounts established by the Workers’ Compensation regulations of California State Law. 4. PI and PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMCresno Municipal Code Sections 3-109 and 3-110. 5. Holidays a. PI employees shall accumulate holiday leave at the rate of eight seven and onetwo-thirds (8 7 12/3) hours for each 173 hours of non-overtime work. b. PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 6. Leave for PPT Employees in Exhibit 2 PPT employees appointed to positions in classes, which are included in Exhibit 2, shall be granted leave under the same terms 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 24 and conditions as full time employees in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. SECTION 22. – - SPECIAL PROVISIONS FOR DEPLOYED MILITARY EMPLOYEES The City of Fresno will extend salary and benefits to permanent City employees while they are serving in active military duty on deployments of more than thirty- one (31) days as the result of the ongoing Middle Eastern conflict, as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health & Welfare Trust; and C. Continued accrual of vacation, sick leave, annual leave and/or administrative leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 23. – UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 24. – SALARIES FOR EMPLOYEES IN EXHIBIT 2 WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY Notwithstanding the provisions of FMC Section 3-118, an employee in the unrepresented management group who sustains an injury or illness in the course and scope of City employment shall receive 66.6776 percent % of average weekly earnings in the fifty-two weeks prior to the injuryfull wages and salary from the City, beginning on the fourth calendar day of such absence and continuing thereafter, unless hospitalized on the first day for at least 24 hours or unless the absence exceeds 14 calendar days, in which case the employee shall receive the 7666.67 percent (76%) from the first day. At the employee’s option, in the event that pay from the City is not provided during the first three (3) days of absence due to injury, the employee may take frozen sick leave for that period. Except as modified herein, the provisions of FMC Section 3-118 shall apply. 8/25/14 First Council Amendment Supersedes Original Resolution No. FY15 Salary Resolution Page 25 Should the State mandated workers’ compensation rate of payment be adjusted, the City shall adjust the rate provided for in this Section accordingly. SECTION 25. – CONFLICTING RESOLUTIONS Resolution No. 2013-101, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOUemorandum of Understanding, are hereby repealed. SECTION 26. – RESOLUTION EFFECTIVE DATE This resolution shall become effective and in full force and effect on July 1, 2014. 8/25/14 First Council Amendment Supersedes Original 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airport Maintenance Leadworker 310010 6 3393 3562 3741 3930 4123 Airports Building Maintenance Technician 310011 12 3204 3365 3535 3710 3896 Airports Operations Specialist 310012 6 3077 3233 3393 3562 3741 Automotive Parts Leadworker 145006 6 3322 3489 3664 3847 4040 Automotive Parts Specialist 145005 6 3015 3164 3322 3489 3664 Body & Fender Repairer 320036 6 3854 4047 4250 4463 4685 Body & Fender Repairer Leadworker 320037 6 4250 4463 4685 4920 5168 Body & Fender Repairer Trainee 320035 6 3495 3670 3854 4047 4250 Brake & Front End Specialist 710085 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic 320031 6 3854 4047 4250 4463 4685 Bus Air Conditioning Mechanic Leadworker 320032 6 4250 4463 4685 4920 5168 Bus Air Conditioning Mechanic Trainee 320030 611 3495 3670 3854 4047 4250 Bus Equipment Attendant Leadworker 320040 6 3042 3196 3358 3525 3701 Bus Mechanic I 3200202 - 3495 3670 3854 4047 4250 Bus Mechanic II 320021 6 3854 4047 4250 4463 4685 Bus Mechanic Leadworker 320022 6 4250 4463 4685 4920 5168 Collection System Maintenance Operator I 6300032 - 2656 2778 2905 3038 3181 Collection System Maintenance Operator II 630001 12 3288 3451 3625 3804 3996 Collection System Maintenance Operator III 630002 12 3625 3804 3996 4195 4407 Combination Welder II 710065 6 3854 4047 4250 4463 4685 Combination Welder Leadworker 710066 6 4250 4463 4685 4920 5168 Communications Technician I 7100502 - 3835 4026 4226 4436 4660 Communications Technician II 7100514 12 4226 4436 4660 4892 5138 Cross Connection Control Technician 610040 6 3814 4007 4207 4419 4641 Custodian 810001 12 2368 2477 2598 2716 2841 Electronic Equipment Installer 710060 6 3085 3240 3402 3570 3751 Equipment Service Worker I 710075 12 2459 2579 2710 2845 2985 Equipment Service Worker II 710076 6 3219 3380 3549 3729 3915 SEE APPENDIX FOR FOOTNOTES Page 1.1 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Fire Equipment Mechanic I 420010 6 3495 3670 3854 4047 4250 Fire Equipment Mechanic II 420011 6 3854 4047 4250 4463 4685 Fire Equipment Mechanic Leadworker 420012 6 4250 4463 4685 4920 5168 Heavy Equipment Mechanic I 7101002 – 3495 3670 3854 4047 4250 Heavy Equipment Mechanic II 710101 6 3854 4047 4250 4463 4685 Heavy Equipment Mechanic Leadworker 710102 6 4250 4463 4685 4920 5168 Heavy Equipment Operator 710025 6 3854 4048 4252 4464 4686 Helicopter Mechanic 410040 12 3854 4047 4250 4463 4685 Helicopter Mechanic Leadworker 410041 12 4250 4463 4685 4920 5168 Instrumentation Specialist 620025 6 4296 4508 4734 4971 5222 Instrumentation Technician 620026 12 3765 3953 4152 4359 4577 Irrigation Specialist 510005 6 3317 3482 3658 3841 4033 Laborer 710005 12 2656 2778 2905 3038 3181 Light Equipment Mechanic I 7100952 – 3495 3670 3854 4047 4250 Light Equipment Mechanic II 710096 6 3854 4047 4250 4463 4685 Light Equipment Mechanic Leadworker 710097 6 4250 4463 4685 4920 5168 Light Equipment Operator 710020 6 3393 3562 3741 3930 4127 Locksmith 810015 6 3204 3365 3535 3710 3896 Maintenance & Construction Worker 710015 6 3077 3233 3393 3562 3741 Maintenance & Service Worker 710001 6 2281 2395 2515 2643 2775 Maintenance Carpenter I 810020 6 3526 3702 3888 4083 4288 Maintenance Carpenter II 810021 6 3888 4083 4288 4503 4730 Park Equipment Mechanic II 710110 6 3496 3669 3854 4047 4250 Park Equipment Mechanic Leadworker 710111 6 3854 4047 4250 4463 4685 Parking Meter Attendant I 7101254 124 2552 2680 2815 2954 3101 Parking Meter Attendant II 7101264 124 2815 2954 3101 3259 3422 Parking Meter Attendant III 710127 6 3101 3259 3422 3592 3772 Parks Maintenance Worker I 510001 12 2596 2727 2862 3007 3157 Parks Maintenance Worker II 510002 6 3144 3301 3467 3639 3822 Parks Maintenance Leadworker 510003 6 3317 3482 3658 3841 4033 SEE APPENDIX FOR FOOTNOTES Page 1.2 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Power Generation Operator/Mechanic 620055 6 4180 4389 4608 4839 5082 Property Maintenance Worker 810006 12 3302 3467 3641 3823 4013 Property Maintenance Leadworker 810007 6 3535 3710 3896 4091 4297 Roofer 810010 6 3204 3365 3535 3710 3896 Senior Communications Technician 710052 6 4660 4892 5138 5396 5668 Senior Custodian 810002 6 2493 2617 2747 2889 3031 Senior Heavy Equipment Operator 710026 6 4743 4984 5231 5492 5769 Senior Wastewater Mechanical Specialist 620062 6 4180 4389 4608 4839 5082 Senior Wastewater Treatment Plant Operator 620043 6 4397 4616 4848 5090 5345 Solid Waste Safety & Training Specialist 640005 6 3657 3840 4034 4237 4448 Street Maintenance Leadworker 710040 6 3393 3562 3741 3930 4127 Street Sweeper Lead Operator 710036 6 3529 3705 3892 4085 4291 Street Sweeper Operator II 710035 6 3200 3361 3529 3705 3892 Tire Maintenance & Repair Technician 710081 6 3109 3264 3429 3600 3780 Tire Maintenance Worker 710080 6 2847 2987 3139 3298 3462 Traffic Maintenance Leadworker 710046 6 3419 3590 3770 3959 4157 Traffic Maintenance Worker I 7100444 124 2819 2961 3108 3263 3429 Traffic Maintenance Worker II 710045 6 3099 3254 3419 3590 3770 Tree Trimmer Leadworker 510010 6 3562 3741 3930 4127 4333 Utility Leadworker 710010 6 3082 3224 3379 3535 3701 Waste Collector II 640020 6 2770 2906 3051 3205 3365 Waste Collector Leadworker 640021 6 3205 3365 3534 3709 3897 Waste Container Maintenance Assistant 640010 6 2711 2846 2986 3137 3297 Waste Container Maintenance Worker 640011 6 3190 3348 3515 3692 3879 Wastewater Distributor 620050 6 2739 2881 3023 3175 3334 Wastewater Lead Distributor 620051 6 3262 3425 3596 3776 3965 Wastewater Mechanical Specialist 620061 6 3900 4095 4300 4514 4740 Wastewater Mechanical Technician 620060 6 3097 3240 3387 3549 3720 Wastewater Treatment Plant Operator-In- Training 6200401 – 2739 2881 3023 3175 3334 SEE APPENDIX FOR FOOTNOTES Page 1.3 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Wastewater Treatment Plant Operator I 620041 6 3375 3544 3722 3908 4102 Wastewater Treatment Plant Operator II 620042 6 3788 3978 4180 4385 4607 Water System Operator I 610025 6 3337 3505 3678 3862 4057 Water System Operator II 610026 6 3701 3887 4080 4286 4501 Water System Operator III 610027 12 4653 4887 5133 5388 5657 SEE APPENDIX FOR FOOTNOTES Page 1.4 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e – E73 2840 6905 - 8834 9717 Assistant City Attorney 160008e – E42 4809 8970 - 12621 Assistant City Manager 150135e7 – E21 6006 12590 - 14847 17625 Assistant Controller 135020e – E42 4809 8970 - 12621 Assistant Director 150160e -- E42 4809 8970 - 12621 Assistant Director of Personnel Services 150043e – E42 4809 8970 - 12621 Assistant Director of Public Utilities 620100e – E42 4809 8970 - 12621 Assistant Director of Public Works 210089e – E42 4809 8970 - 12621 Assistant Police Chief 415010e – E42 4809 8970 - 12621 Assistant Retirement Administrator 135040e – E73 2840 6905 - 8834 9717 Budget Analyst 135006e 12 E11 2840 3830 - 5133 5390 Budget Manager 135008e – E42 4809 8970 - 12621 Chief Assistant City Attorney 160015e – E31 6006 10946 - 13367 15325 Chief Information Officer 125067e – E31 6006 10946 - 13367 15325 Chief of Staff to the Mayor 150123e – E43 2840 8970 - 8834 12621 City Attorney 160009e – 130,713 - 189,000 City Attorney 160009e - E1 14475 - 20270 City Clerk 150125e – E6 5250 7984 - 11235 City Engineer 210080e – E31 6006 10946 - 13367 15325 City Manager 150130e – 130,713 - 189,000 City Manager 150130e - E1 14475 - 20270 SEE APPENDIX FOR FOOTNOTES Page 2.1 Community Coordinator 150075e – E113 2840 3830 - 8834 5390 Community Outreach Specialist 150230e – E11 2840 3830 - 8834 5390 Controller 135021e – E31 6006 10946 - 13367 15325 Council Assistant 150085e – E9 2840 - 8834 Deputy City Attorney II 160006e – E310 2840 5714 - 8834 8000 Deputy City Attorney III 160007e – E83 2840 5000 - 8834 Deputy City Manager 150140e – E73 2840 6905 - 8834 9717 Director 150170e -- E31 6006 10946 - 13367 15325 Director of Aviation 310045e – E31 6006 10946 - 13367 15325 Director of Development 220020e – E31 6006 10946 - 13367 15325 2/10/14 Third Council Amendment Supersedes Original e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 2.1 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Personnel Services 150042e – E31 6006 10946 - 13367 15325 Director of Public Utilities 620101e – E31 6006 10946 - 13367 15325 Director of Transportation 310040e – E31 6006 10946 - 13367 15325 Economic Development Coordinator 150090e – E83 2840 5000 - 8834 Economic Development Director 150099e – E31 6006 10946 - 13367 15325 Executive Assistant to Department Director 115003e – E12 2840 3683 - 5133 Executive Assistant to the City Manager 115001e – E12 2840 3683 - 5133 Fire Chief 425007e – E31 6006 10946 - 13367 15325 Governmental Affairs Manager 150240e – E83 2840 5000 - 8834 Human Resources Manager 150025e – E73 2840 6905 - 8834 9717 Independent Reviewer 150220e – E61 6006 7984 - 13367 11235 Internal Auditor 135010e 12 E11 2840 3830 - 5390 Labor Relations Manager 150030e – E73 2840 6905 - 8834 9717 Labor Relations Secretary 115010e 12 E12 2840 3683 - 5133 Police Chief 415008e7 – E21 6006 12590 - 14847 17623 Principal Budget Analyst 135009e – E73 2840 6905 - 8834 9717 Principal Internal Auditor 135011e – E83 2840 5000 - 8834 Public Affairs Officer 150118e – E83 2840 5000 - 8834 Public Works Director 210085e – E31 6006 10946 - 13367 15325 SEE APPENDIX FOR FOOTNOTES Page 2.2 Redevelopment Administrator 150080e – E42 4809 8970 - 12621 Retirement Administrator 135030e – E3 4809 10946 - 12621 15325 Risk/Safety Manager 150035e – E73 2840 6905 - 8834 9717 Senior Budget Analyst 135007e – E83 2840 5000 - 8834 Senior Deputy City Attorney 160013e – E72 4809 6905 - 12621 9717 Senior Human Resources/Risk Analyst 150017e – E83 2840 5000 - 8834 Supervising Deputy City Attorney 160010e – E62 4809 7984 - 12621 11235 e Exempt class, see Narrative Section 4. 7 Only applicable pursuant to employment agreements. SEE APPENDIX FOR FOOTNOTES Page 2.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2298 2407 2521 2642 2772 - Account Clerk II 1300023 123 2521 2642 2772 2901 3041 - Accountant-Auditor I 1300114 124 3426 3587 3759 3947 4138 - Accountant -Auditor II 1300124 124 3984 4173 4381 4593 4817 - Accounting Technician 130010 12 3041 3189 3343 3502 3674 - Administrative Clerk I 1100013 63 2125 2228 2333 2444 2561 - Administrative Clerk II 1100023 123 2333 2444 2561 2683 2815 - Airports Operations Officer 310006 12 3409 3579 3759 3948 4143 - Airports Property Specialist I 1750014 124 4057 4256 4464 4680 4911 - Airports Property Specialist II 1750024 124 4717 4947 5190 5442 5710 - Associate Electrical Safety Consultant I 230022 12 4544 4766 5000 5240 5498 - Associate Electrical Safety Consultant II 230023 12 4766 5000 5240 5498 5769 - Associate Environmental & Safety Consultant I 230003 12 4544 4766 5000 5240 5498 - Associate Environmental & Safety Consultant II 230004 12 4766 5000 5240 5498 5769 - Associate Plumbing & Mechanical Consultant I 230012 12 4544 4766 5000 5240 5498 - Associate Plumbing & Mechanical Consultant II 230013 12 4766 5000 5240 5498 5769 - Billing System Specialist 125075 12 3031 3179 3334 3489 3657 - Budget Technician 135005 12 3090 3238 3395 3559 3733 - Building Inspector I 2300074 124 4334 4544 4766 5000 5240 - Building Inspector II 2300084 124 4544 4766 5000 5240 5498 - Building Inspector III 230009 12 4766 5000 5240 5498 5769 - Buyer I 1400014 124 3564 3739 3921 4112 4312 - Buyer II 1400024 124 3921 4112 4312 4522 4743 - Call Center Representative I 1150703 63 2521 2642 2778 2901 3041 - Call Center Representative II 1150713 123 2772 2901 3041 3189 3343 - Central Printing Clerk 120005 12 2333 2444 2561 2683 2815 - SEE APPENDIX FOR FOOTNOTES Page 3.1 1/30/14 Third Council Amendment; Supersedes Original 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F City Records Specialist 115025 12 3090 3238 3395 3559 3733 - Commercial Building Inspector 230015 12 4453 4671 4899 5134 5388 - Community Recreation Assistant 520010 12 2547 2667 2781 2898 3029 - Community Revitalization Specialist 230053 12 4015 4226 4436 4654 4913 5121 Community Services Officer I 4100254 124 2650 2777 2909 3050 3196 - Community Services Officer II 4100264 124 2909 3050 3196 3351 3514 - Computer Systems Specialist I 1250104 124 3690 3867 4056 4254 4461 - Computer Systems Specialist II 1250114 124 4353 4564 4787 5021 5268 - Computer Systems Specialist III 125012 12 4893 5132 5385 5647 5926 - Construction Compliance Specialist 150055 12 3610 3779 3964 4157 4357 - Customer Services Clerk I 1150603 63 2298 2407 2521 2642 2772 - Customer Services Clerk II 1150613 123 2521 2642 2772 2901 3041 - Development Services Coordinator 230057 12 4220 4457 4679 4907 5147 - Emergency Services Dispatcher I 4100015 125 3145 3275 3416 3578 3732 - Emergency Services Dispatcher II 4100025 125 3376 3540 3714 3895 4077 - Emergency Services Dispatcher III 410003 12 3785 3964 4161 4358 4570 - Engineer I 2100154 124 4119 4317 4526 4748 4972 - Engineer II 2100164 124 4781 5007 5253 5504 5786 - Engineering Aide I 2100013 63 2676 2799 2933 3073 3224 - Engineering Aide II 2100023 123 3089 3238 3389 3552 3729 - Engineering Inspector I 2300754 124 4015 4224 4420 4632 4862 - Engineering Inspector II 2300764 124 4397 4610 4836 5072 5320 - Engineering Technician I 2100054 124 3162 3314 3479 3639 3815 - Engineering Technician II 2100064 124 3552 3729 3907 4095 4295 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. CLASS TITLE JOB CODE PROB PER A B C D E F Environmental Control Officer 620001 12 3961 4155 4351 4564 4783 - Facilities Construction Specialist 230085 12 4157 4356 4570 4790 5025 - Fire Prevention Inspector I 4200014 124 3662 3839 4019 4220 4427 - Fire Prevention Inspector II 4200024 124 4238 4436 4654 4886 5121 - Fleet Operations Specialist 710105 12 3843 4026 4225 4430 4647 - Geographic Information System (GIS) Specialist 125025 12 4893 5132 5385 5647 5926 - Graphics Technician 120013 12 3325 3491 3666 3849 4042 - Helicopter Pilot 410033 12 5118 5373 5642 5924 6220 - Housing Rehabilitation Specialist 230056 12 4128 4334 4551 4779 5018 - Crime Scene Identification Technician I 4100104 124 3450 3616 3791 3977 4171 - Crime Scene Identification Technician II 4100114 124 3791 3977 4171 4373 4587 - Senior Crime SceneIdentification Technician III 410012 12 3977 4171 4373 4587 4812 - Industrial/Commercial Water Conservation Representative 610015 12 3961 4155 4351 4564 4783 - Inorganic Chemist 620020 12 4018 4216 4421 4636 4863 - Laboratory Assistant 620010 12 2754 2890 3027 3174 3327 - Laboratory Technician I 6200114 124 3327 3488 3657 3833 4018 - Laboratory Technician II 6200124 124 3657 3833 4018 4216 4421 - Landscape Water Conservation Specialist 610005 12 3868 4057 4255 4462 4679 - Law Office Assistant* 115021 12 3285 3449 3622 3803 3993 - Network Systems Specialist 125030 12 4893 5132 5385 5647 5926 - PAR Program Specialist 410023 12 2909 3050 3196 3351 3514 - Paratransit Specialist 320005 12 3031 3179 3334 3489 3657 - Parking Controller I 7101204 124 2254 2349 2452 2553 2667 - Parking Controller II 7101214 124 2459 2567 2676 2788 2922 - Parking Controller III 710122 12 2676 2788 2922 3044 3180 - Phlebotomist 410007 12 2754 2890 3027 3174 3327 - SEE APPENDIX FOR FOOTNOTES Page 3.3 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Planner I 2200053 63 3592 3760 3945 4139 4341 - Planner II 2200063 123 4220 4457 4679 4907 5147 - Plans Examiner I 2100404 124 3583 3755 3938 4129 4333 - Plans Examiner II 2100414 124 4138 4334 4544 4766 5000 - Plans Examiner III 210042 12 4544 4766 5000 5240 5498 - Police Data Transcriptionist 115035 12 2815 2948 3090 3238 3395 - Principal Account Clerk 130004 12 3041 3189 3343 3502 3674 - Program Compliance Officer 640026 12 3339 3507 3683 3868 4061 - Programmer/Analyst I 1250204 124 3690 3867 4056 4254 4461 - Programmer/Analyst II 1250214 124 4353 4564 4787 5021 5268 - Programmer/Analyst III 125022 12 4893 5132 5385 5647 5926 - Programmer/Analyst IV 125023 12 5252 5511 5783 6064 6361 - Property & Evidence Technician 145010 12 3205 3360 3523 3695 3872 - Radio Dispatcher 120015 12 2683 2810 2931 3064 3195 - Rangemaster/Armorer 410035 12 3977 4171 4373 4587 4812 - Real Estate Finance Specialist I 1700014 124 3268 3426 3587 3763 3947 - Real Estate Finance Specialist II 1700024 124 3736 3917 4108 4307 4517 - Recreation Specialist 520005 12 3103 3251 3409 3575 3746 - Retirement Counselor I 1350504 124 3041 3189 3343 3504 3674 - Retirement Counselor II 1350514 124 3343 3504 3674 3852 4041 - Safety Specialist 150050 12 3162 3313 3476 3644 3821 - Secretary 110050 12 2815 2948 3090 3238 3395 - Senior Account Clerk 130003 12 2772 2901 3041 3189 3343 - Senior Administrative Clerk 110003 12 2561 2683 2815 2948 3090 - Senior Buyer 140003 12 4312 4522 4743 4975 5217 - Senior Call Center Representative 115072 12 3158 3314 3480 3654 3837 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. SEE APPENDIX FOR FOOTNOTES Page 3.4 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Commercial Building Inspector 230016 12 4671 4899 5134 5388 5652 - Senior Community Revitalization Specialist 230054 12 4669 4902 5147 5445 5743 - Senior Community Services Officer 410027 12 3128 3278 3437 3602 3778 - Senior Customer Services Clerk 115062 12 2772 2901 3041 3189 3343 - Senior Engineering Technician 210007 12 4119 4317 4526 4748 4972 - Senior Fire Prevention Inspector 420003 12 4750 4978 5216 5472 5743 - Senior Laboratory Technician 620013 12 4018 4216 4421 4636 4863 - Senior Network Systems Specialist 125031 12 5252 5511 5783 6064 6361 - Senior Property & Evidence Technician 145011 12 3523 3695 3872 4060 4259 - Senior Records Clerk 110101 12 2683 2815 2948 3090 3238 - Senior Secretary 110051 12 3090 3238 3395 3559 3733 - Senior Storeskeeper 145002 12 3205 3360 3523 3695 3872 - Senior Utility Service Representative 230092 12 3251 3409 3575 3746 3931 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 5252 5511 5739 6064 6361 - Staff Assistant 150001 12 3031 3179 3334 3489 3657 - Storeskeeper 145001 12 2917 3059 3205 3360 3523 - Survey Party Technician 210030 12 3552 3729 3907 4095 4295 - Tax/Permit Representative 135001 12 3179 3334 3489 3657 3839 - Tree Program Specialist 510015 12 3868 4057 4255 4462 4679 - Utility Service Representative I 2300904 124 2695 2823 2958 3102 3251 - Utility Service Representative II 2300914 124 2958 3102 3251 3409 3575 - Wastewater Reclamation Coordinator 620035 12 4057 4256 4464 4680 4911 - Water Conservation Representative 610001 12 2667 2781 2898 3043 3179 - Water Systems Telemetry & Distributed Control Specialist 610021 12 4353 4564 4787 5021 5268 - 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4305 4520 – – – – Police Officer 415002 1210 4973 5222 5483 5757 6046 6348 Police Specialist 415003 – 4973 5222 5483 5757 6046 6348 Police Sergeant 415004 12 5995 6294 6610 6942 7287 7653 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 7/1/14 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4391 4611 – – – – Police Officer 415002 1210 5073 5327 5594 5874 6168 6477 Police Specialist 415003 – 5073 5327 5594 5874 6168 6477 Police Sergeant 415004 12 6115 6421 6743 7081 7436 7808 EXHIBIT 4 Unit 4 - Non-Supervisory Police (FPOA) effective 1/1/15 CLASS TITLE JOB CODE PROB PER A B C D E F Police Officer Recruit 415001 12 4479 4703 – – – – Police Officer 415002 1210 5175 5434 5706 5992 6292 6607 Police Specialist 415003 – 5175 5434 5706 5992 6292 6607 Police Sergeant 415004 12 6238 6550 6878 7222 7584 7964 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.20 per hour Firefighter Trainee 425001 -- 4316 Firefighter 425002 12 4796 5035 5288 5552 5831 6124 Firefighter Specialist 425003 12 5371 5639 5922 6217 6528 6855 Fire Captain 425004 12 5995 6295 6610 6942 7289 7655 Fire Investigation Unit Supervisor 425010 12 5995 6295 6610 6942 7289 7655 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 8/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.61 per hour Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) effective 7/14/148/5/13 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 9 -- 16.61 per hour Firefighter Trainee 425001 -- 4424 Firefighter 425002 12 4916 5161 5421 5691 5977 6278 Firefighter Specialist 425003 12 5506 5780 6071 6373 6692 7027 Fire Captain 425004 12 6145 6453 6776 7116 7472 7847 Fire Investigation Unit Supervisor 425010 12 6145 6453 6776 7116 7472 7847 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 6 Unit 6 – Bus Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E F Bus Driver 320015 9 16.133711 17.969250 18.842250 19.737634 21.606750 22.692403 Bus Driver 320015 9 2797 3115 3266 3422 3746 3934 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective June 16, 2014 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6060 Concrete Finisher 730005 12 Flat Rate 5285 Electrician 730010 12 Flat Rate 5481 Painter 730015 12 Flat Rate 4816 Plumber 730030 12 Flat Rate 5481 SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Airport Public Safety Officer 310002 – Flat Rate $28.32 Per Hour Background Investigator 940030 – Hourly $18.00 - $252.00 Per Hour Cashier Clerk 910010 – Flat Rate $89.00 Per Hour Information Services Aide 125001 – Hourly $89.00 - $22.00 Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $8.509.00-$9.50 Per Hour Police Cadet I 940005 – Hourly $9.92 - $12.48 Per Hour Police Cadet II 940006 – Hourly $12.49 - $16.00 Per Hour Pool Supervisor 950015 – Hourly $12.00-$22.00 Per Hour Senior Lifeguard 950002 – Hourly $9.50-$11.00 Per Hour Services Aide 910005 – Hourly $89.00 - $15.00 Per Hour Sports Official 950010 – $89.00 - $50.00 Per Game Student Aide II 910002 – Hourly $89.00 Per Hour Student Bus Driver 9300018 - Hourly $914.50 Per Hour 10/1/13 First Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E2 4163 - 12,044 Police Captain 415006e 12 8538 8965 9414 9885 10,380 10,728 Police Lieutenant 415005e 12 7414 7785 8175 8584 9014 9316 EXHIBIT 9 Unit 9 – Police Management effective 7/1/14 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,285 Police Captain 415006e 12 8709 9145 9603 10,084 10,589 10,944 Police Lieutenant 415005e 12 7563 7942 8340 8757 9195 9504 EXHIBIT 9 Unit 9 – Police Management effective 1/1/15 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Deputy Police Chief 415007e -- E5 4163 - 12,531 Police Captain 415006e 12 8884 9329 9796 10,286 10,801 11,163 Police Lieutenant 415005e 12 7715 8101 8507 8933 9380 9695 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Fire Battalion Chief 425005e 12 7658 8042 8443 8865 9307 9772 Fire Deputy Chief 425006e -- E2 6483 - 12,768 EXHIBIT 10 Unit 10 – Fire Management effective 8/5/13 CLASS TITLE JOB CODE PROB PER RANGE A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- E2 6483 - 12,768 EXHIBIT 10 Unit 10 – Fire Management effective 2/10/14 CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 7888 8284 8697 9131 9587 10,066 Fire Deputy Chief 425006e -- 10,001 10,502 11,028 11,580 12,160 12,768 ¶ 2/10/14 Second Council Amendment Supersedes Original e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY BOARD/COMMISSION MEMBERS Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month SEE APPENDIX FOR FOOTNOTES Page 12.1 2/10/14 Third Council Amendment Supersedes 1/30/14 Third Council Amendment e Exempt class, see Narrative Section 4. EXHIBIT 13-1A Unit 13-1A – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5030 5277 5533 5806 6090 Airports Airside/Landside Superintendent 310018e 12 5191 5446 5714 5994 6288 Airports Projects Supervisor 310016e 12 5819 6105 6405 6719 7052 Airports Property Supervisor 175005e 12 5084 5334 5597 5872 6159 Architect 210045e 12 5267 5525 5797 6081 6380 Assistant Chief of Wastewater Treatment Operations 620079e 12 5361 5621 5897 6187 6490 Call Center Supervisor 115073e 12 3831 4017 4212 4415 4632 Capital Development Specialist 310007e 12 5385 5651 5930 6219 6525 Chief Engineering Inspector 230078e 12 5377 5641 5918 6209 6513 Chief Engineering Technician 210009e 12 6297 6606 6932 7274 7633 Chief of Facilities Maintenance 810037e 12 5848 6137 6438 6754 7086 Chief of Solid Waste Operations 640035e 12 5597 5872 6159 6462 6780 Chief of Wastewater Environmental Services 620075e 12 5597 5872 6159 6462 6780 Chief of Wastewater Facilities Maintenance 620085e 12 5848 6137 6438 6754 7086 Chief of Wastewater Treatment Operations 620080e 12 5914 6208 6512 6832 7168 Chief of Water Operations 610070e 12 6009 6304 6617 6942 7282 Chief Police Pilot 410031e 12 6606 6932 7274 7633 8011 Chief Surveyor 210032e 12 6606 6932 7274 7633 8011 Collection System Maintenance Supervisor 630005e 12 4691 4921 5162 5416 5682 Community Recreation Supervisor I 520015e 12 4075 4275 4484 4705 4933 Community Recreation Supervisor II 520016e 12 4471 4691 4922 5165 5416 Community Sanitation Supervisor I 720042e 12 4942 5183 5439 5705 5986 Contract Compliance Officer 150061e 12 4162 4364 4578 4804 5036 Custodial Supervisor 810025e 12 3417 3584 3758 3942 4131 DBE/Small Business Coordinator 150070e 12 4806 5039 5287 5546 5820 Emergency Preparedness Officer 420020e 12 3915 4107 4307 4518 4738 Emergency Services Communications Supervisor 410004e 12 4388 4601 4825 5062 5310 Energy Efficiency Supervisor 230058e 12 4691 4921 5162 5416 5682 Equipment Supervisor 720031e 12 5327 5586 5860 6149 6451 Fire Prevention Engineer 210055e 12 5819 6105 6405 6719 7052 Fleet Administration Supervisor 720025e 12 5165 5416 5682 5961 6254 SEE APPENDIX FOR FOOTNOTES Page 13-1A..1 EXHIBIT 13-1A Unit 13A 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Forestry Supervisor I 510030e 12 4075 4275 4484 4705 4933 Forestry Supervisor II 510031e 12 4471 4691 4922 5165 5416 Housing Program Supervisor 230055e 12 5113 5366 5628 5904 6194 Human Resources Records Supervisor 115050e 12 4180 4385 4599 4823 5060 Industrial Electrician Supervisor 720020e 12 5588 5868 6161 6469 6794 Information Services Supervisor 125032e 12 6030 6326 6635 6962 7308 Laboratory Supervisor 620014e 12 4864 5102 5352 5615 5892 Parking Supervisor 720035e 12 3003 3147 3299 3459 3628 Parks Supervisor I 510025e 12 4075 4275 4484 4705 4933 Parks Supervisor II 510026e 12 4471 4691 4922 5165 5416 Planner III 220007e 12 4792 5028 5273 5533 5804 Power Generation System Supervisor 620056e 12 5327 5586 5860 6149 6451 Principal Accountant 130014e 12 5314 5575 5850 6137 6438 Professional Engineer 210100e 12 5819 6105 6405 6719 7052 Project Manager 150065e 12 5385 5651 5930 6219 6525 Records Supervisor 115045e 12 4180 4385 4599 4823 5060 Recycling Coordinator 640001e 12 4065 4263 4470 4688 4918 Revenue Supervisor 135025e 12 3831 4017 4212 4415 4632 Senior Accountant-Auditor 130013e 12 4410 4626 4853 5092 5339 Senior Building Inspector 230034e 12 4895 5136 5387 5652 5931 Senior Electrical Safety Consultant 230024e 12 4895 5136 5387 5652 5931 Senior Engineering Inspector 230077e 12 4895 5136 5387 5652 5931 Senior Environmental & Safety Consultant 230005e 12 4895 5136 5387 5652 5931 Senior Plumbing & Mechanical Consultant 230014e 12 4895 5136 5387 5652 5931 Senior Real Estate Agent 170012e 12 5237 5493 5763 6047 6344 Solid Waste System Supervisor 640030e 12 4913 5154 5403 5670 5947 Street Maintenance Superintendent 720004e 12 6115 6420 6743 7080 7435 Street Maintenance Supervisor 720001e 12 5643 5921 6211 6516 6837 Supervising Buyer 140004e 12 4681 4911 5148 5402 5666 Supervising Commercial Building Inspector 230036 12 4895 5136 5387 5652 5931 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 13-1A..2 EXHIBIT 13-1A Unit 13A 13-1 – Management Non-Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Supervising Engineering Technician 210008e 12 5544 5819 6105 6405 6719 Supervising Environmental Control Officer 620005e 12 4864 5102 5352 5615 5891 Supervising Fire Prevention Inspector 420005e 12 5125 5375 5642 5919 6210 Supervising Crime SceneIdentification Technician 410013 12 4286 4496 4714 4946 5187 Supervising Planner 220008e 12 5264 5522 5792 6076 6373 Supervising Plans Examiner 210044e 12 5385 5651 5930 6219 6525 Supervising Professional Engineer 210110e 12 6606 6932 7274 7633 8011 Supervising Real Estate Agent 170013e 12 5751 6034 6330 6641 6968 Survey Party Chief 210031e 12 4400 4614 4841 5076 5328 Transit Supervisor I 320050e 12 4913 5154 5403 5670 5947 Transit Supervisor II 320051e 12 5327 5586 5860 6149 6451 Treasury Officer 135015e 12 5314 5575 5850 6137 6438 Wastewater Treatment Maintenance Supervisor 620070e 12 5473 5741 6023 6320 6630 Water Conservation Supervisor 610045e 12 5473 5741 6023 6320 6630 Water System Supervisor 610055e 12 5473 5741 6023 6320 6630 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 13-1A..3 EXHIBIT 13-2B Unit 13B 13-2 – Non-Management Confidential Classes (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Database Administrator 125045e 12 5574 5844 6132 6432 6748 Human Resources Analyst 150016e 12 3915 4107 4307 4518 4738 Legal Assistant 160001 12 3487 3656 3833 4021 4218 Legal Secretary I 115015 12 2878 3016 3161 3313 3475 Legal Secretary II 115016 12 3181 3336 3496 3665 3844 Management Analyst I 150020e4 124 3193 3349 3511 3683 3864 Management Analyst II 150021e4 124 3915 4107 4307 4518 4738 Risk Analyst 150010e 12 4303 4513 4733 4965 5209 Senior Database Administrator 125046e 12 6145 6439 6748 7071 7423 Senior Human Resources Technician 150014 12 3180 3333 3492 3662 3841 Systems Security Administrator 125050e 12 5055 5300 5562 5833 6119 e Exempt class, see Narrative Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. . SEE APPENDIX FOR FOOTNOTES Page 13-2B.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Administrative Manager 220025e – E93 2840 - 8834 Airports Marketing & Public Relations Coordinator 310150e E93 2840 - 8834 Airports Operations Manager 310020e – E93 2840 - 8834 Airports Planning Manager 310019e – E93 2840 - 8834 Airports Properties Manager 310021e – E93 2840 - 8834 Assistant City Clerk 115030e – E93 2840 - 8834 Building & Safety Services Manager 230031e – E93 2840 - 8834 City Traffic Engineer 210076e – E93 2840 - 8834 Communications Manager 125060e – E93 2840 - 8834 Community Sanitation Manager 720040e – E93 2840 - 8834 Construction Manager 210096 -- E93 2840 - 8834 Division Manager 150024e – E93 2840 8834 Economic Development Analyst 150095e – E93 2840 - 8834 Facilities Manager 810040e – E93 2840 - 8834 Fleet Manager 720032e – E93 2840 - 8834 Grant Writer 150105e – E93 2840 - 8834 Housing & Neighborhood Revitalization Manager 230065e – E93 2840 - 8834 Information Services Manager 125055e – E93 2840 - 8834 Law Office Manager 115020e – E93 2840 - 8834 Management Analyst III 150022e – E93 2840 - 8834 Parks Manager 510035e – E93 2840 - 8834 Planning Manager 220010e – E93 2840 - 8834 Public Works Manager 210095e – E93 2840 - 8834 Purchasing Manager 140005e – E93 2840 - 8834 Recreation Manager 520025e – E93 2840 - 8834 Retirement Benefits Manager 135045e – E93 2840 - 8834 Revenue Manager 135026e – E93 2840 - 8834 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 14.1 EXHIBIT 14 Unit 14 – Management Confidential Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Sewer Maintenance Manager 630010e – E93 2840 - 8834 Solid Waste Manager 640040e – E93 2840 - 8834 Training Officer 150046e – E93 2840 - 8834 Transit Maintenance Manager 320060e – E93 2840 - 8834 Transit Operations Manager 320055e – E93 2840 - 8834 Wastewater Manager 620095e – E93 2840 - 8834 Water System Manager 610075e – E93 2840 - 8834 e Exempt class, see Narrative Section 4. SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6170 6480 6805 7144 7503 Airport Public Safety Supervisor** 310005 12 5396 5664 5949 6247 6557 * Hired before July 1, 2010 ** Hired after July 1, 2010 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMCresno Municipal Code Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 Deleted July 1, 2010. Provision no longer in use. 7 Only applicable pursuant to employment agreements. 8 A person selected to fill a vacant Bus Driver position is a “Student Bus Driver.” A “Student Bus Driver” is a new operator who must be trained and instructed on all lines and bus equipment of the system until, in the opinion of the Director of Transportation, the person is capable of performing the duties of a regular or extra board operator. Overtime for a “Student Bus Driver” shall be paid for work in excess of 40 hours in a week, at the rate of time and one-half. Deleted July 1, 2014. 9 Firefighter Trainee not in the City of Fresno Fire Department Academy. Deleted July 14, 2014. 10 A person promoting from Police Officer Recruit to Police Officer after one year at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 11 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. e Exempt class, see Narrative Section 4. * * * * * * * * * CLERK’S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ______ day of __________, 20143. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: ______________________________________, 20143 Mayor Approval/No Return: ______________________________________, 20143 Mayor Veto: ______________________________________, 20143 Council Override Vote: ______________________________________, 20143 YVONNE SPENCE, CMC City Clerk BY: __________________________ APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: _________________________________ Tina Griffin Supervising Senior Deputy City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-307 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:DOUGLAS T. SLOAN, City Attorney City Attorney’s Office BY:BRANDON M. COLLET, Deputy City Attorney’s Office SUBJECT BILL -(For introduction)-Repealing and adding Section 4-111 of 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 In March 2000,the City Council adopted FMC section 4-111 (formerly 3-109.2)prohibiting the City from requiring a project labor agreement for any City public works project. California Senate Bills 922 and 829 (“Senate Bills”)were signed into law in 2011 and 2012,adding sections 2500-2503 to the Public Contract Code.Sections 2502 and 2503 require charter cities to allow their governing boards to have the authority to consider the use of project labor agreements on a project by project basis.Also,charter cities may not have a charter provision,ordinance or initiative that prohibits,limits or constrains their governing board from adopting,requiring or utilizing a project City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-307 Agenda Date:8/28/2014 Agenda #: that prohibits,limits or constrains their governing board from adopting,requiring or utilizing a project labor agreement for some or all construction projects awarded by the city.Charter cites have until January 1,2015,to comply with Public Contract Code sections 2500 et seq.(“Section 2500”).If the City does not repeal section 4-111 prohibiting project labor agreements and add section 4-111 that complies with Section 2500,the City risks losing all state funding and financial assistance for construction projects.The Senate Bills only require that a city’s governing board have the authority to consider whether to use a project labor agreement on a project specific basis.On February 20, 2014,a lawsuit was filed challenging the constitutionality of the Senate Bills that is pending in the trial court. 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 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™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-275 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division SUBJECT Approve the Third Amendment to Agreement with Sharp Inspection Group in the amount of $626,968 and extend the completion to April 27, 2015 for the construction management services on the City of Fresno Commercial Water Meter Retrofit Project (Citywide) RECOMMENDATION Staff is requesting that the Council approve the Third Amendment to Agreement with Sharp Inspection Group and allow for the Public Works Director or his designee to sign on behalf of the City. EXECUTIVE SUMMARY The City has been replacing commercial water meters with the Automatic Meter Reading (AMR) technology since the Spring of 2013.Due to the nature of some commercial businesses such as being open 24 hours a day,being unable to be without water at specific times and so on,it has taken more time for this project to be completed.Staff is requesting to extend the contract with Sharp Inspection Group for additional inspection services. BACKGROUND Since 2009,the City Department of Public Utilities has been working diligently to get all of the 110,000 residences throughout the metropolitan area on water meters.This was due to the various Senate bills requiring the City to be completely metered by January 2013 or face losing our Federal water allotment. We completed the residential project in Fall 2012. City staff has started retrofitting the remaining commercial manually read meters with the AMR meters that the rest of the City is using.This means either upgrading or replacing the manually read meters on our commercial customers.There are approximately 20,350 commercial meters to retrofit. These meters run from 5/8”to 2”in size.The larger meters (above 2”)will be retrofitted by City staff. City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-275 Agenda Date:8/28/2014 Agenda #: These meters run from 5/8”to 2”in size.The larger meters (above 2”)will be retrofitted by City staff. By doing this project,all water customers will have their water usage collected electronically.Also, the utility service workers we currently employ will be able to assist in maintaining the new meter inventory. On July 26,2012,Council approved an agreement with Sharp Inspection Group,Inc.for construction management services on the City of Fresno commercial water meter retrofit project. On December 20,2012,Council approved the first amendment with Sharp Inspection Group for the coverage of warranty issues and customers complaints on the residential meter project between the end of the residential Construction Management contract (December 31,2012)with the prime consultant Vali Cooper and Associates and the beginning of the Commercial Construction Management contract with Sharp Inspection Group.Sharp Inspection Group has handled these customer concerns since then under the commercial contract. On February 28,2013,Council awarded a project to Vulcan Construction Inc.for the installation of the commercial water meters sized 2” and below. On October 29,2013,Council approved the second amendment to agreement with Sharp Inspection Group to extend the original contract to September 1, 2014. No additional monies were requested. Staff recommends the City Council approve the third amendment to agreement with Sharp Inspection Group in the amount of $626,968 and extend the completion to April 27,2015 for the construction management services on the City of Fresno commercial water meter retrofit project. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the award of this contract does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not implemented because the amendment of a contract does not involve a bid or the award of a construction or services contract. FISCAL IMPACT The funds for this contract exist in the current Water Enterprise Fund budget. Attachment:Third Amendment to Agreement City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ THIRD AMENDMENT TO AGREEMENT THIS TH]RD AMENDMENT TO AGREEMENT ('3'd entered into as of this day of 2414, heretofore entered into between the CITY OF FRESNO, hereinafter referred to as nCfTY", and Sharp lnspection corporation, hereinafter referred to as "CONSULTANT". RECITALS WHEREAS, CITY and CONSULTANT entered into an Agreement, dated July 28, 2012 and as amended on December 20,2012 ('|et Amendment) and October 29,2019 (2nd Amendment") for professional Construction Management services on the City of Fresno CommercialMeter Retrofít program, hereinafter referred to as "Agreement;" ánd WHEREAS, GITY now desires to modify the scope of work, therein, by requiring additional services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kepf and performed by the respective parties, the parties agree that the aforesaid Agreemeni be amendéd as follows: 1' CONSULTANT shall provide the construction management services as described in Agreement dated July 26, 2012 hereto and incoiporated herein by reference, Such services shall be completed after September 1,2014 when the initial contract ends to April27,2015 following execution of thís Amendment by both parties, 2. CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of $ 626,968.00. 3. ln the event of any conflict between the body of this 3'd Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this 3'd Amendment shafl control and take precedence over the terms and conditioni expressed within the Exhibit or Attachment, Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 4: Except as otherwise provided herein, the Agreement entered into by CITY and CONSULTANT, dated July 26, 2012 and as amended on December 20,2O1Z and October 29,2013 remains in fufl force and effect. Amendment") made and amends the Agreement a municipa[ corporation, Group, Inc. a California lN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, Calífornia, the day and year fírst above written, CITY OF FRESNO, a municipal corporation Sharp lnspection Group, lnc., a California tion By, Name Title ATTEST: WONNE SPENCE, CMC City Clerk Deputy Date APPROVED AS TO FORM: DOUGLAS SLOAN City Attorney Attachment: Exhibit "A" - Scope of Services B¡4 Name Title Lv -n (if corporation or LLC, Board Chair, Pres. or Vice Pres.) By: By: randon M, Nam Title cFO (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Robert N. Andersen Assistant Director of the Depailment of Public Utilíties Exhibit t¡ ALU Sharp lnspection Group, lnc. Tasks and Responslbllttles Sumrnary City of Fresno Gö mme rclal Water Metet lm plementatlon Prof ect lntroduetlon Shar¡i lnspe*lon 6roup, Inc, ls provldfng the followlng tasks and respohslbllltles summary for the conträct admlnlstratlon, proJect manag€rn€nt and lnspecHon of the Clty of Fresno's Commerclal Water Meter lmplementatlon ProJect Cost proposal spreadsheets outllnlng tãsks and proJected hours foreach year of the proJect are alss. pi'ovlded. Ptoiect Management Sharp lnspectlon Group, lnc, wlll provlde .a fulþtlme constructlon operatlotts månager throughout the course of the 18 month proJect. The constructlon operatìons manager wlll be responslble for the day-to-day construçtlon management of thç project. He wlll bÊ responslble for conductlng weekly constructlon meetlngs, preparTng weekly pralgress reports to the Cttç rnalntaln the construction schedule, track and respond to contractor request for lnformailon (RFl) and change order requests, mltlgate clalms end verify meter tnventory, The constructlon operatlons manager wlll revlew all contractor's lnvolclng for work peformed, respond to customel complalnts/concerns, verlfyfacllltate met€r lnstallatlon lnformation lnto the Clty billing software, and act as the Clty's ambassador for the proJect, The constructiort operatlons manager wltl be responslble for scheduling and conductlng bl- monthly rneetlngs wlth Ctty staff to dlscuss project performance, He wlll also petform perlodtc slte visits and quality c0ntrol audlts to ensure contract conrpllance throuÉhout the course of the pro¡Þct. Contiaet AdmlFlstration Sharp lñspectlon Group, lnc. wlll provlde a fulltlme contlôct admlnlstrator throughout the coiJrse of the project whom wlll work closely wlth the constructlon operat¡ons mânager, administrative asslstant, lnspection staff, Cfty project representatlves and Clty water customers, The contract admlnJstrator dutles wlfl lnclude assfstíng ln the factfitatlon of contractor weekly meetings, partlcipate in Clty bl-weekly meetings, handle and resofve meter lnställ lssues, oversee rescans & corrections, manâge meter install inspeétors, ac[ as a lialson wlth the Clty of 2125 KERFT STRErr, SU|TË 307 'FRESNOT CA9372L 'l5s9l 233-5Ê00 , FÐ( (s591 293-5gSS Fresno, lnspectlon and tracklng lnfon¡atlon for collegtor sltes¡ trouble-shoot problems that may arlse durlng the course of the proJec$ asslst ln the wrltlng öf change orders and addftlonal bld Items lf needed, and 0se Meter GIS webslte to ensute 'No Buslness Left Behfnd". 9enertil Ad mlnlslratlve Beglnnlng ln May 2012 and throughout the remalnder of the proJect, Sharp lnspectlon Group, lnc. wlll prcivlde ône full-tlrne admlnfstøtlve asils.tant for overall proJect supþort; Admlnlstratlve tesponslblllttes wlll lnclqde, but a¡e not llmlted to: proces of dally constructlon Journats and proJect photographs, deailng wlth and tracktng of custornqr col'nplairrts, documentÌng weêkly ßonstructlon meetlng ntlnútes, malntalnlng orcanl¿¿d pr.oject flles, and' provldl ng overall constructlon offlce managem ènt a nd support Fre Constructlon.9urueq Sharp lnspectlon Group, fnc. wlll pÊrform a parilal pre"co¡struction survey at select commerclal lndustrlal areas throughout the Clty to obtaln a representatlve sample of exlstlng locatlons, The survey c¿n take place prlor to the revlew of the sontract bld documenf, Sharp lnspectlon Group, lnc. wlll be avallable, at the request of the Clty, to levlew contract bld docurnents and asslst ln the evaluatlon of thelr ablllty to encompass as many of the potentlal varlables as posslble, ln the hopes of reduclng the posslbllity of excesslve change orders at a later date. llowever, as wlth most conträcts, change orders are lnevltable, ln addltlon, Sharp lnspectlon Grosp, lnc. wlll be aVallable at the request of the Clty to help schedule and estlmäte the work to be perforrned ln the dlfferent arêas as well as help determine the môst efficlent route throughout the Clty, Pre Constructlon Fhase Shatp lnspectlon 6roup, lnc Is experlenced wlth all aspects of preconstructlon actlvftles. We will asslst the Clty ln the revlew of the proposed plans and speclflcatlons and bld ltems In an effort to ldentlfy any speclflcatlon language and/or constructlon detalls that may requlre revlslon prior to the co¡tstructlo¡t bld process. At the request of the Clty, Sharp lnspectlon Group, lnc. wlll be avallable to asslst the Cfly ln revlewing the contractor's pre-qualiflcatlon requlrements. contract Ðocurhênts/Fld gòc utrênt Rêv.lêW r Standard Speclflcatlons/Profect SpeclfÌcatlons/Constructlon Detalls - Revlew ar¡d comment on adequacy of lnstallatlon specÍflcatlons that should address pr:oJect purpose/overvlew, scope of servlces, deþloyment and lnstallatlon, accountlng data, account data Ínstallation schedullng, instaflation procedures, 2125 KERN STREË'r. SUTTE 307 , FflESNO, CA93727.(5591 233-5S00 . FAX (559) 233-58SS t I quality âssuränce/quallty control plan, projeEt admlnlstrailon, werrantles, payment/nvolclng and tralnlng by system vendor. 8fd ftems -Asstst ln the formulailon of btd ltems with'the goal of addresslng aft bld ltem sltuatfons as mlght be encountered ln the fleld. r?re verblage wlthln descrlptfons of the bld ltems and thelr lnterpretatlon are key to thelr lmpact and ablllty to dlrect the conÉtructlorì process. locatlons to be Metered - A detailed plat map must Þe provlded showing the lo.catlons of all areas to be mEtered. sharp tnspectlon Group, lnc. shali be avallable to asslst the Cfty lr verfiìng currehtly deveti¡ped fnforma¡on, and Wlll conduct a partlal pre-constructlorr survey of arÉaEaffected by the progrã'Hr, A|vIR/Software Requlrements - The fÏnal cdntract neêds to audress the contractor/s responslbtltty for supþlytng the clty wtth ineter tnstallailon lnformatfon ln a tlmely mánner. lrlottficatlon letters - Revlew and address verblage of noilflr¿flon letters. constructlon schedule - The c¡ntractor wlll provide a construcüon schedule wlth a detalled tlmellne for performing lnstallaUons, Publlc ftlotlfkatlonÉ - Elanket letters shall be mailed to evêry buslness at the beginnlng of the job as well as a 48 and or 72 hour water shut down notiflcation ln advance to the commencement of the work. Ellllng system updatès * verify and facllltate that meter, register, and trensmltter lnformatton Is belng sent elêctronlcally lnto the city's blllfng system ln a format that ls compatlble w¡th the Clty's bllllng systcm. Procgdure for Subnriual Revfew and RFlrs Prosedures for Progress payments Procedures for Change Orders [ocal Emergency Servlces Nottflcatlons and Access Publlc Outreach and Concerns I t t I ¡ Upon the Clty awardlng the contract to the lnstallatlon contractor, Sharp lnspec¡on Group,, lnc, wlfl Initiate a pre-construc'tion conference. For thls meetlng, Sharp lnspectÍon Group, tnc. will prepare an outllne of key topics and Íssues to be discussed, includíng what ls expected of the contractor as related to every aspect of the Job, Sharp lnspecfion Group, lnc, wllf communlcate what is expected ln a professlonal manner and gulde the proJect fn the proper directlon from the flrst day of constructlon. Example of preconstructlon agenda meetfhg toplcs aie as follows, but not llmited tol lntrodustions/ProJect Organlzatlon/Roles and Responsìbilltles Proje ct Schedu les/[ocatlo ns I a a 2125 KERN STREET' SUITE 307 ' FREsNo, CA 93721 .(s5g) zJs-sB0O , FÆ( {SS9} 23g.sBBB I Cðñtrítct Documents/Requlrements ¡ C¡prdlnatlon wlthsyst€m V€ndor . . Mêter COnfrgurauon r AIVIR System EqulÞment ¡ lmplementatlc,.nlssues r Çoordlnatlon wlth lnstall Conractor ¡ TrâlnlnF progiain ¡ ProJectAdmlnlitratlon I ctty Held OFeiaiÏıñ/suþpoir r Constructton Manageme¡t Plan. cfty Eupport r Wairanty Management other lssues wlll be added to the llst lf needed followlng our flrst meeting with CIW representatlves, Cgnstruction Phase Sharp lnspectlon Group¡ lnc, wlll provlde full-tlme constructíon management, proJect admÍnlstrittlon and lnspectlon for the proJect. These dutles wlll fnclude but not be tlrnlted to the followlng; ConS.t r u c tlo ô Ma n a ee m e n t /Ad m f n lsrätlo f/lLsIe c,tlo q r SefelY - Address any safety concerns, Promote safety awäIeness at áll tlmesl Although the contractor wlll be responslble for Jobsite safety, Sharp lnspectiorr Group, lnc, lnspectlon staff wlll contlnually monltor the proJect for adherence to the safety requirements per the contract, document any deficlencles ln a safety Journal as well as notffy contrâctor to remedy the Jssue lmmedlately.r Monltor approved traffic control. r Monftor equlpment and manpower utlll¡atlon,¡ Revlew & approve submittals, o bld lterns tracklng and quantltÌrs. ¡ Malnialh constructlon schedule, r Process requests for lnformatlon (RFlfs|, change orders. and asslst lñ mltlgatlng claims. . Orgânire and conduct weekly constructlon meetlngs and develop meetlng mlnutes, includlng an lssues lfst for all partíes {Operatlons Manager}, 2125 KËRN STREFr, SUITg 307 'FREsNo, cAst72L '(5s91 233's800'FÆ( {ssg} 233-s888 o t Prépare w¿ekly pfogrsss reports to the Clty {Op€ratlons Managerl, Eñsure contract compflailce. Condust ori-slte lnspedlon for conformânte t0 tùa plans ahd spectflcalon¡ and document ell wo¡k through dally sonsftClon fournal¡ and photognphs. lne pectors wlll þe lnstr¡*ed 1o, and wl[f Dqument, Docu m a nt, snd D ocu me nt I Advlse ând prouldo solutlons for are¿s under eohstrucllon, Inspect for proper lnstallatlon by ths contiactor. Verlfy shutoff notltlcattbn s Cqordlnate shut downs fp.t âreas of Épnstruçrlon. $earch ahead for potentlal probleme and ronlllcts Deal wÍth customor concems/complalnts. Provlde as-bulit drewÌngS {Serve as An arfrbdssadorforths C¡ry In tegards to tha ronstruÈtlon proJeæ). Coordlnate BAGT tests when requlred. Obtaln and pnoress cErtlfled payroll lnformatlon. Malntaln photog|sphlc rerord¡ of all construdlon operatlons. .Ensufe SWPFP compllance. . Verify preuallÌng wage complÌance. Verlfy meter lnventory and work completed. Transfer profea documents over to the clty and essÌst wlth proJeæ closeouit. Verlfy work tomplêted through btd ftem tracklng. Frorlde rontfãctor w¡th punch llst of ltems that nead to be addressed as the Þroje¿t progr€sses. a I a ö a ¡ I a a a a o a a I I Sharp lnspection Group, lnc. shall perform the following dutles durlng the post constructlon phase: r "No Buslness LefE Behlnd" lssues ¡ Meterrescans/correcàions l Punch llit/clean-up ltems o Reconcllfatlon of meter inventory r ProJect lnvolclng/contractor/System Vendor . Notlce of completion I Release retentlons 2125 KERN STREET, SU|TE 307 . ËRE5NO, CA e3721 .{s591 233-5800 . tAX (s591 233-58S8 Prolect Close-out Sharp lnspectlon Group., lnc, shall provlde the approprlate stafflng to ddequately managè the proJect throughout the close.out phase of the prolect, ¡ Organlze and rellnqulsh proJect flles to the Gfty of Fresno o Address post constructlon warranty lsues Schedule of Fees All Èosts are outllned ln our attached Project Budget sþreadshëets, Weiafl costs shall not exceed the total cost set forth ln attaehed sumrnary. All expenses are lncluded lfl the hourly rât€s and lnspectlon equlpmentcosts have been lncluded ln thE hourly ratfs to cover the cosis for computers, cameras and other ilècessary equlpmènt for lmprovlng overall produrtlvlty durlng the constructlon phase. 2125 KERN STREET,SUTTE 307 .FRESNO, CA 03721,(s59) 233-5S00, FAX (559ì 233.5888 Exhibit ttAtt Project Budget for Gity of Fresno Department of Public Utilities Water Division - Construction Management Services for the Duration of the Commercial Water Meter Implementation Praiect Project Budset Summary June 2014 - April2!1þ- Prolect Manaqemont $ 201.420.00 $ 201.420.00 Contract Admlnlstratlon 201,420.00 g 20f ,420.00 Gonstructlon Phase 402.840.00 $ 402,840.00 General Admlnlstrallve $ 100.320:00 $ 100.320.00 Verlzon lnlernet s 12,000.00 s 12,000,00 $ $ 918,000,00 1,232,968.00 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-279 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BY:HENRY McLAUGHLIN, Management Analyst III Department of Public Utilities - Water Division SUBJECT * RESOLUTION of the Council of the City of Fresno Adopting the 2nd Amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $900,000 in the 2010 Water Revenue Bond A-1 Fund for the Acquisition of Permanent Pipeline Right-of-Way Easement and Temporary Construction Easements for the Construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (requires 5 affirmative votes) RECOMMENDATION Adopt a Resolution of the Council of the City of Fresno adopting the 2nd Amendment to the Annual Appropriation Resolution No. 2014-95. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,is finalizing the design of the Friant-Kern Raw Water Pipeline to deliver raw water from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (NESWTF).With bidding scheduled to begin in early 2015,acquisition of easements for this pipeline project is necessary.Funding for this expenditure was included as part of the FY 2014 Budget within the 2010 Water Revenue Bond A-1 Fund and it was estimated that the funds would be spent last fiscal year.However,no payments were made for the easements during FY 2014, so the funds are required to be carried over and appropriated for FY 2015. BACKGROUND City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-279 Agenda Date:8/28/2014 Agenda #: Presently,the City's contracted delivery of surface water with the United States Bureau of Reclamation (USBR)for Central Valley Project (CVP)travels nearly 55 miles in open canals from Friant Dam (Millerton Lake)to the NESWTF.This water is susceptible to contamination from environmental debris,and accidental or malicious acts.The proposed project consists of the construction and operation of a 5.6-mile raw water pipeline (the first one-mile long segment of pipeline extending north from the NESWTF was constructed in 2007)that reroutes the CVP water directly to the NESWTF.This will eliminate nearly 47 miles from the conveyance distance and deliver water in an enclosed system that will greatly reduce the threat to water quality.Additional benefits of the project include reduced power consumption and chemical utilization,and increased operational reliability at the NESWTF.Project construction is expected to start in early 2015.As the pipeline will be constructed across numerous properties in unincorporated Fresno County,the acquisition of numerous permanent pipeline right-of-way easement and temporary construction easements is required.The funding for the acquisition payments was included in the FY 2014 Budget within the 2010 Water Revenue Bond A-1 Fund and it was estimated that the funds would be expended before the end of the fiscal year.However,there were delays in securing required regulatory permits and the expenditures were not made as planned in FY 2014,so the funds will need to be carried over to the FY 2015 Amended Budget. ENVIRONMENTAL FINDINGS This is not a “project”for purposes of California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15378(b)(4),as it is a government fiscal activity,and section 15378(b)(5),as it is an administrative activity that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local preference was not implicated because no construction or services contract was awarded. FISCAL IMPACT This action will not have any impact to the General Fund or the Water Enterprise Fund. Appropriations for the acquisition of these easements were included in the Division’s FY 2014 Capital Improvement Program budget within the 2010 Water Revenue Bond A-1 Fund (40118).However, this funding was not used in FY 2014 and is being reappropriated to FY 2015 through this action. The debt service for these bonds was included in the 2006 rate plan adopted by Council on February 27,2007,and was carried forward in the rate plan adopted by the Council on August 15,2013, through Resolution No. 2013-143. Attachment:2nd Amendment to the Annual Appropriation Resolution No. 2014-95 City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: 2nd Pipeline Right of Way Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 2nd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION No. 2014-95 TO APPROPRIATE $900,000 IN THE 2010 WATER REVENUE BOND A-1 FUND FOR THE ACQUISITION OF PERMANENT PIPELINE RIGHT-OF-WAY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE RAW WATER PIPELINE FROM THE FRIANT-KERN CANAL TO THE NORTHEAST SURFACE WATER TREATMENT FACILITY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 is hereby amended as follows: Increase/(Decrease) TO: DEPARTMENT OF PUBLIC UTILITIES 2010 Water Bonds A-1 $ 900,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: 2010 Water Bonds A-1 Revenues: Account: 39301 Bond Sales Proceeds $ 900,000 Fund: 40118 Org Unit: 411501 Total Revenues $ 900,000 Appropriations: Account: 57101 Land Acquisition $ 900,000 Fund: 40118 Org Unit: 411501 Project: WC00038 Total Appropriations $ 900,000 Date Adopted: 2 of 2 Date Approved: Effective Date: 2nd Pipeline Right of Way Resolution No. THAT the purpose is to provide funding for the acquisition of permanent pipeline right-of- way easement and temporary construction easements for the construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-255 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BY:MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities - Water Division SUBJECT Approval of Amendment No. 2 to the Professional Consultant Agreement with CH2MHILL Engineers, Inc., for an amount not-to-exceed $6,900,000 for Fiscal Year (FY 2015) Program Management Services (Citywide) RECOMMENDATION Staff recommends that Council approve Amendment No.2 to the Professional Consultant Agreement (Agreement)with CH2MHILL Engineers,Inc.,in the amount not to exceed $6,900,000 for FY 2015 Program Management Services to support implementation of the City of Fresno Metropolitan Water Resources Management Plan (Metro Plan),infrastructure rehabilitation and replacement program, and a Capital Project Management Delivery System. EXECUTIVE SUMMARY On October 31,2013,the City Council appropriated $6,993,000 for the first-year (FY 2014)of a three -year agreement (with the option of two one-year extensions)with CH2MHILL for professional Program Management Services to support the Water Division’s implementation of the City’s Metro Plan,infrastructure rehabilitation and replacement program,and a Capital Project Management Delivery System.The term date for the first year appropriation was June 30,2014,and Amendment No.1 was executed with CH2MHILL to extend the term date of the first year appropriation to July 31, 2014. The Agreement requires that the compensation for Program Management Services be negotiated annually based on the forecasted workload and support needs of the Water Division.Staff has City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-255 Agenda Date:8/28/2014 Agenda #: annually based on the forecasted workload and support needs of the Water Division.Staff has completed the negotiations with CH2MHILL for FY 2015,and the value of Amendment No.2 has been established with a not-to-exceed value of $6,900,000. BACKGROUND The Water Division has developed recommended capital projects to provide a sustainable and reliable water supply for the community;repair and replace aging infrastructure;and eliminate the over drafting of the City’s groundwater resources by the year 2025.The recommended capital projects are planned to be implemented throughout the City’s service area with the investment of approximately $100 million per year.At this time,the Water Division does not have sufficient project management processes and systems,or technical staff,to successfully deliver $100 million per year of capital improvement projects.Accordingly,on October 31,2013,the City Council approved a three -year professional consultant agreement (with the option of two one-year extensions)with CH2MHILL to manage the projects required for the City’s Metro Plan and infrastructure rehabilitation and replacement program.Collectively,the project management processes and systems being developed by CH2MHILL will create a Capital Project Management Delivery System for the Water Division. The overall objective of the Capital Project Management Delivery System is to deliver high quality capital projects on schedule and on budget for the community.The Capital Project Management Delivery System will be developed by CH2MHILL in such a manner that it can be used by Water Division staff in the future to deliver capital projects,and can be readily applied to capital projects in the Wastewater Management Division as well as other Departments of the City that deliver capital projects. The base three-year Agreement has been planned to be implemented in the following sequence. Year 1 (FY 2014):CH2MHILL staff worked with City staff to plan,design,build and test new project management processes and systems to deliver capital projects for the Metro Plan and the infrastructure rehabilitation and replacement program.In addition,CH2MHILL reviewed and validated the City’s recommended capital projects,identified opportunities for capital cost savings, and provided technical staff to provide project management support for current capital projects. Year 1 activities are substantially complete,and CH2MHILL has successfully delivered the essential building blocks of the Capital Project Management Delivery System. The most critical project management processes and systems planned,designed,built and tested during Year 1 include,but are not limited to,project management and administration;project engineering and design management;project cost estimating;project scheduling (planning, permitting,and design);project financial accounting,monitoring,and reporting;project document control;project construction management and administration;permitting and land acquisition management; and public outreach and education. City Council appropriated $6,993,000 for Year 1 of the Program Management Services Agreement. Year 2 (FY 2015):CH2MHILL staff will work with City staff to apply the new Capital Project Management Delivery System for specific projects.For FY 2015,there are approximately 90 projects that will be managed in the Water Division using the project management processes and systems constructed during FY 2014.For FY 2015,the project management focuses for CH2MHILL staff and City staff will be in the areas of project management and administration;engineering and design;City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-255 Agenda Date:8/28/2014 Agenda #: City staff will be in the areas of project management and administration;engineering and design; permitting and land acquisition;project financial accounting,monitoring,and reporting;and public education and outreach.There are several projects that have been,or will be,bid for construction during FY 2015, but most of the construction activity is currently scheduled to occur during FY 2016. City staff has negotiated a fee of $6,900,000 for Year 2 of the Program Management Services Agreement.Amendment No.2 has been “approved to form”by the City Attorney’s Office,and is ready for Council consideration. Year 3 (FY 2016):CH2MHILL staff will work with City staff to continue to implement the Capital Project Management Delivery System for specific projects.Similar to FY 2015,CH2MHILL staff and City staff will apply learned project management techniques in the areas of project management and administration;engineering and design;permitting and land acquisition;project financial accounting, monitoring,and reporting;and public education and outreach.However,as currently planned, several large capital projects will be bid for construction during FY 2016.Accordingly,during FY 2016,greater emphasis will be placed on applying project management skills in the areas of project cost estimating;project scheduling (construction,startup and commissioning);project document control; and project construction management and administration. City staff will work with CH2MHILL to develop a workload forecast for Program Management Services for FY 2016, and submit that to City Council for consideration in approximately May/June 2015. ENVIRONMENTAL FINDINGS Approval of the consultant service agreement amendment is not a “project”within the meaning of Public Resources Code Section 21803 (CEQA Guidelines §15378)because the organizational and administrative activities as identified in the consultant agreement will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE Local preference was not implemented because this action pertains to an amendment of an existing service contract. FISCAL IMPACT The amendment will not have any impact to the General Fund.Funds are included in Water Division’s FY 2015 Capital Improvement Program budget within the Water Enterprise Fund (40101). Funding for this project is not impacted by the City Council’s action to rescind the water rate increase (Resolution 2013-143) on July 31, 2014. Attachments: ·Amendment No. 2 ·Exhibit A - Scope of Services (original agreement) ·Summary Report of Program Management Activities for FY 2014 ·List of capital projects to be delivered with Capital Project Management Delivery System City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT ("Amendment ") made and entered into as of this 5th day of August , 2014 , amends the Agreement heretofore entered into between the CITY OF FRESNO , a municipal corporation , hereinafter referred to as "CITY", and CH2M HILL Engineers , Inc ., a Delaware corporation , hereinafter referred to as "CONSULTANT". CITY and CONSULTANT are collectively referred to as Parties . RECITALS WHEREAS, CITY and CONSULTANT entered into an Agreement , dated October 31 , 2013 , for professional program management services for Metropolitan Water Resources Management Plan including CIP and Operational System Improvements, hereinafter referred to as "Agreement"; and WHEREAS , the Agreement was amended on August 5, 2014 to extend the Agreement through July 31 , 2014 ("1st Amendment"); and WHEREAS, Agreement states that compensation for services required or rendered during subsequent fiscal years will be determined annually based upon the level of effort required for services during each subsequent fiscal years , subject to approval by the Director of Public Utilities ; and WHEREAS , CITY and CONSULTANT desire to increase compensation in order to fund CONSULTANT services to be performed during Fiscal Year 2015 (Ju ly 01 , 2014 through June 30, 2015) for continued professional program management services for Metropolitan Water Resources Management Plan including CIP and Operational System Improvements . AGREEMENT In consideration of the above recitals , which recitals are contractual in nature , the mutual premises herein contained , and for other good and valuable consideration hereby acknowledge, the Parties agree that the aforesaid Agreement be amended as follows : 1. CONSULTANT'S sole compensation for sa t isfactory performance of all services required or rendered during Fiscal Year 2015 (July 01 , 2014 through June 30 , 2015) pursuant to the Agreement shall be a total fee not to exceed $6 ,900 ,000 paid on a time and material basis with markup in accordance with the schedule of fees contained in the Agreement. 2. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto , the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed w ithin the Exhibit or Attachment. Furthermore , any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties , provided for within the body of this Amendment , shall be null and void . 3. Except as otherwise provided herein , the Agreement entered into by CITY and CONSULTANT , dated October 31 , 2013 and the 1st Amendment , dated August 5, 2014 , remains in full force and effect. Ill Ill IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written . CITY OF FRESNO , a California municipal corporation Thomas C. Esqueda Director Department of Public Utilities ATTEST: YVONNE SPENCE , CMC City Clerk By: ____________________ ___ Deputy APPROVED AS TO FORM: DOUG SLOAN City Attorney ~ By: ;..} randon M. Collet Deputy City Attorney Addresses: CITY: City of Fresno Attention: Michael Carbajal Chief Engineering Technician 1910 E. University Ave . Fresno, CA. 93703 Telephone No . (559) 621-5319 FAX. (559) 457-1329 2 (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) CONSULTANT: CH2M HILL Attention : Gino Rapagna, PE Senior Program Manager 6 Hutton Centre Drive, Suite 700 Santa Ana, CA 92707 Telephone No . (714) 429-2000 FAX: (714) 429-2050 PURPOSE: \___ Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno ("City") and CH2M HILL Engineers, Inc. ("Consultanf') Metropolitan Water Resources Management Plan including CIP and Operational System Improvements The purpose of this Consultant Service Agreement is to provide Program Management Services to the CITY for continuation of the implementation of the Metro Plan and Water Division CIP. The period of pertormance is from the date of authorization of the Consultant Services Agreement through the contract duration as described in the Agreement, although the initial authorized amount only relates to services to be provided during Fiscal Year 2013-14, through June 30, 2014. GENERAL ITEMS: 1. The C_ITY may make changes to the schedule and scope of services at any time. When and if this occurs the CONSULTANTshall advise the CITY If such change has an impact on the target completion dates, approved fees and/or CONSULTANT's ability to meet all of its representations as defined in the Agreement. 2. The CONSULTANT is responsible for managing its subconsultants that are performing services for the benefit of the CI'TY. 3. Upon approval of this Agreement, the CONSULTANT will be authorized to staff the program and perform the work, within the funding and time limits stated herein. 4. The CONSULTANT and the CI'TY will agree on initial and revised cost and schedule baselines that encompass all known activities, which can reasonably be identified, relating to and impacting the delivery of Metro Plan projects, other CIP projects and operational improvement initiatives within the currently proposed ten (10} year rate plan period . The City's Program Manager is the only person authorized to approve changes to project and program cost and schedule baselines. 5. Agreed upon target completion dates for Metro Plan projects, other CIP projects and operational improvement initiatives are predicated on the CITY obtaining the necessary funding and/or permits. CONSULTANT will provide assistance in identifying and achieving target dates for permit submissions. 6. If, during the course of this scope of services, the CONSUlTANT identifies forecasted project and/or program schedule slip, in relation to the approved master program schedule, CONSULTANT wifl inform the CITY of the issue and facilitate development of an impact analysis that describes the issue, potential impacts to the associated projects and the overall program, and a recovery plan . 7. If, during the course of this scope of services, the CONSULTANT identifies issues that affect the Program's total estimated cost or financial plan, CONSULTANT will inform the CITY of the issue and facilitate development of an impact analysis that describes the issue, potential impacts to the associated projects and the overall program, and a recovery plan. 8. Consultant staff assigned wholly or primarily to the Fresno Program will be integratecl into the program team with duties, responsibilities and accountability similar to those of CITY staff holding like roles. Page 1 of21 9. Initial level of effort and fee estimates are based on staffing projections to support services to be provided during Fiscal Year 2013-14 . Fees for subsequent fiscal years will be determined prior to the start of each fiscal year depending upon the level of service required for that fiscal year. SCOPE OF SERVICES Specific Services to complete program initiation and begin program delivery are divided into the following categories. • Program Management, Administration and Support includes ongoing program-level activities to support programmatic oversight and execution, internal and external communications, consensus building, systems maintenance, resource planning and management, general technical support, knowledge transfer, quality assurance, safety and general operations management. • Program Initiation includes continuation and completion of activities necessary to complete program set-up and enable full readiness for ongoing Phase 2 program management and project delivery functions. • Project Delivery includes staff augmentation for project management and technical support to enable successful and efficient delivery of planned capital projects . • Optional represents activities that are not Initially defined or authorized, but may be determined necessary and authorized at a later date. Program Management, Administration and Support Task 01.01-Program Management and Administration Task 01.02-Short-Term Program Team Office Establishment Task 01.03-Long-Term Program Team Office Establishment Program Initiation Task 02.01-Program Management Plan Development Task 02.02-Project Management Manual Development Task 02.03-Engineering and Design Guidelines and Standards Development Task 02.04-ConstructionJManagement Manual Development Task 02.05-Project Validation Task 02.06-Cost and Schedule Controls Development and Implementation Task 02.07-PMIS Deployment and Enhancements Development Task 02.08-Document Management System Implementation Task 02.09-Public Website Development and Deployment Task 02.10-Skills Assessment and Staff Integration Planning Task 02.11-Training and Skills Transfer Planning Task 02.12-Business and Operational Improvement Initiatives Planning Task 02.13-Consultant Procurement Template Development Task 02.14-Alternative Delivery Consideration and Tern plate Development Page 2 of 21 Task 02.15-Professional Outreach and Awards Planning Project Delivery Staff Augmentation Task 03 .01-Project Delivery Staff Augmentation Optional Task 04.01-Optional Supplemental SeJVices Page 3 of21 TASK DESCRIPTIONS TASK 01-PROGRAM MANAGEMENT, ADMINISTRATION AND SUPPORT Task 01.01-Program Management, Administration and Support Objectives: Provide programmatic oversight, management and technical support to enable effective internal and external communications, consensus building, systems maintenance, resource planning and management, knowledge transfer, quality assurance, safety guidance and general operations management . Assumptions: 1. Responsibility for execution of activities listed below will be shared by the City and Consultant. Assignment of personnel and level of effort to be provided by each entity, toward fulfilling needs for each activity, will be as agreed by the City's and Consultant's Program Managers, within the limit defined by the contract value. 2. Authority to approve program and project cost and schedule baseline changes resides solely with the CITY's Program Manager. Inputsfrom ·cJTY: 1. City will provide financial data from City's financial systems for manipulation and upload to PM IS systems. 2. City will provide Consultant's staff access to City networks and communi cation systems or will facilitate team communication and data access, to enable efficient program/project management and team commun ication, and appropriate access to program/project related data. · Activities: Program management and technical support staff will be assigned to the program in full-time or part- time roles to support the following functions and activities: 1. Program Oversight and Operations 2. Program Performance Review 3. Program Quality Assurance and Control 4. Program Controls and Reporting 5. Annual Project Validation and Budget Planning 6. Financial and Funding Support 7. Risk Management 8. Change Management 9. Document Management 10. Program Team and Stakeholder Communication 11. Public Outreach and Communication 12. Management and Council Communication Support Page 4 of21 • 13. Safety-related Program Support 14. CIP and Master Plann i ng 15. Regulatory and Env ironmental Support 16 . Permitting and Entitlement Support 17. Land Acquisition Support 18 . Hydraulic Modeling and GIS Support 19. Business and Operational Improvement Initiatives Implementation Support 20. Operations, Commissioning and Start-up Support 21. Resource Planning and Staff Projections 22. Training and Skills Transfer 23. Program Transition Planning 24. Program Systems Development and Maintenance (PM IS, OMS, SharePoint, Public Website, etc .) 25 . Professional Outreach and Awards Facilitation 26. As -needed Program Execution Support Deliverables: 1. As defined and required by the Program Management Plan and other program and project guidance documents. ~·· . -·· -· ... . . . ·~··· ... Task 01.02-Short-Term Program Team Office Establishment Objective: Establish short-term integrated program team office for use until long-term integrated program team office is in place and occupied. Assumptions: 1. Consultant will provide office space, furniture and voice/data network cabling I if required) for use by the integrated program team until the long-term program office Is established, which is assumed to be within twenty-four months of Phase 2 NTP . Office will accommodate 50·60 staff, with up to half of offices available for City use. It is assumed that existing City-owned space will be leased by Consultant and that only minor tenant improvements may be required . 2 . City will provide and maintain office equipment and services, including telephones and associated equipment, data network equipment (servers, switches, etc.), copy/reproduction equipment and supplies, A/V equipment, office supplies, mail/delivery services, custodial services, security equipment and services, and all other office equipment, supplies and services that are not identified to be provided by Consultant in Item 1, above . 3. It is anticipated that the office will be ready for occupancy within 30-60 days following Phase 2 NTP. Actual occupancy will occur depending on timing of lease execution and installation of furnishings, networks and equipment, and other items beyond Consultant's controL Inputs from CITY: 1. City will enable appropriate connectivity by Consultant staff to Consultant employers' (including Page 5 of21 subconsultants) IT networks, Exchange-based e-mail systems (MS Outlook), virtual office web-sites, timecard applications and document storage networks. Activities: 1. Consultant will work with City to consider and select office location and establish the office for occupancy as soon as possible following Phase 2 NTP. 2. Consultant will maintain lease of the office space and provide furniture for use by the program team until the long-term integrated program team office is established and occupied. Deliverables: l. Short-term integrated program team office. Task 01.03-Long-Term Program Team Office Establishment Objective: Establish long-term integrated program team office and maintain facilities for use through completion of program management services by Consultant . Assumptions: 1. Office planning will be conducted in conjunction with ongoing program resource planning, to enable consideration of long-term resource needs. 2. Office location alternatives may include Water Division Facilities (Current Water Division offices or treatment plants) and/or other alternatives identified by the City. 3. Office establishment will not begin until Fiscal Year 2014-15 or later. Cost of establishing and maintaining office (if determined to be established by Consultant) will be included in future funding authorizations. Inputs fn~m CITY: · 1. City will advise regarding preferences and limitations regarding office location and any budgetary limitations for establishment of the office. Activities: 1. Consultant will define space requirements for the office. These requirements will include allowances for assigned Program staff and other short-term visiting staff, and other space requirements such as meeting rooms, file storage areas, equipment storage areas, and other support facilities. 2 . Consultant will work with the City to identify a suitable location for the office. Location options may include existing or new City building or new mobile facilities. 3 . Consultant will prepare an implementation plan for the office, which will include consideration for facility planning and design, permitting, procurement and installation/construction. 4. Consultant will work with City to determine means and methods for office establishment and whether establishment of the office will be by City or Consultant. If by Consultant, Consultant will establish office for occupancy at a mutually agreeable time during program execution, and will maintain the office for a mutually agreeable duration ending prior to completion of program ·management services by Consultant. Deliverables: 1. Draft and final technical memoranda regarding office space requirements and location. Page 6 of21 2. Draft and final Implementation Plan. 3 . Long-term integrated prog r am team office, (if determined to be established by Consultant). TASK 02-PROGRAM INITIATION Task 02.01 -Program Management Plan Development Objective: Finaliz.e the Program Management Plan (PMP) to define the means and methods for program delivery. Assumptions: 1. Consultant's level of effort for implementation of the· Program Delivery Platform assumes the use of Microsoft Share Point software and access through the Consultant's cloud-based systems . Inputs from CITY: 1. The City will provide guidance regarding City business processes and limitati ons that will be required to be integrated into the Program Management Plan. 2. The City will coordinate partic ipation of Water Division and other City Departments' staff to support the business process mapping. Activities: 1. Consultant will finalize the Program Management Plan (PMP) which will provide the Program team with the policies, processes, procedures and standards necessary to effectively and consistently implement the program. It will describe roles and responsibilities of the integrated program team, design consultants, contractors and other stakeholders, and define program governance strategies . The PMP will address the following topics: a. Program Overview b. Program Vision, Mission, Goals and Objectives c. Program Governance d. Scope of Work e. Preliminary Business Process Mapping f . Program Controls g. Performance Monitoring and Reporting h. Change Management i. Risk Management j . Quality Management k. Document Management I. communications Management m . Public Outreach n. Procurement, Materials and Contract Management o. Property Acquisition p. Design Management and Value Engineering q. Construction Management r. Permitting s. Ut ilities Coordination t. Cost Estimating u. Health and Safety Page 7 of21 2. Business process maps {graphical representations of business processes) will be prepared and finalized for all major program management functions . Consultant will conduct meetings between Program staff and other City Departments/Divisions to assure that City processes and requirements are considered in preparing the preliminary business process maps. 3 . The finalized PMP will be published via a web-based Program Delivery Platform (Platform) which will serve as a website for team members to access dellvery-oriented Program information. The Platform will be further developed to include links to Program-related PMP documents, business process maps, organizational charts and directories, background reports, document templates staff orientation materials, Program Management Information System (PM IS) and Document Control System {DCS) app l ications, program/project standards, permit information, status and performance reports, and other documents, applications and delivery systems . This Platform is not intended to serve as the Programs document management system {OMS}. Although program documents will be stored in the OMS, the Platform may essentially be considered an electronic version of the PM P, with easy to access links to PMP documents and other program information and applications. Deliverables: 1. Program Management Plan 2. Deployment of enhanced Web-based Program Delivery Platform Task 02.02-Project Management Manual Development Objective: Develop Project Management Manual to guide Project Managers in performing project-specific activities in conformance with overall program requirements. Assumptions:' 1. Project management guidelines will be based upon recognized practices, including those described in the Project Management Institute's Project Management Body of Knowledge (PMBOK Guide), as applicable and appropriate. Inputs from CITY: 1. The City will provide guidance regarding City business processes and limitations that will be required to be integrated into the Project Management Manual. Activities: 1. Consultant will develop a Project Management Manual to provide information to the Project Manager and other project team members and stakeholders about processes, practices and tools for planning and executing capital projects. It will contain information about the project lifecycle, processes for effective project management, roles and responsibilities of project team members and tools and templates, including guidelines for utilizing them effectively. The Project Management Manual, will be published via the web-based Program Delivery Platform [Platform), and will include the following sections : a. Project team member roles, responsibilities and authority b. Description of the capital project life cycle, including project phase entry/exit criteria c. Detailed descriptions of each project phase d. Description of applicable project management functional areas (i.e., similar to PMI Knowledge Areas) and expectations of performance within each area e. Project Controls and Earned Value Management Page B of21 f. Change management g. Risk management h. Communication management i. Signature authority for contractual documents j . Tools, templates and reference materials Deliverables: 1. Project Management Manual -····-·-·----... -........ _. ... ---·-. . .... ~ ......... ······--...... ~---·-.. ~ .......... --~~--·-.~·-··--··---.... -~~-----· ---·-·-.---·--·.-·---~-----· ··----~ .. "-··-:-··· Task 02.03-Engineering and Design Guidelines and Standards Development Objective: Develop engineering and design guidelines and standards improvements to enhance consistency, improve work products, increase design and construction efficiencies, reduce life-cycle costs and/or provide other benefit to the City. Assumptions: 1. Consultants will be contractually obligated to adhere to enhanced engineering and design gu idelines. Inputs from CITY: 1. The City will provide information regarding existing City guidelines, standards and requirements that must be integrated into the enhanced guidelines and standards . 2. City engineering and operations staff w i ll participate in guidelines and standards development to assure incorporation of the City's needs and preferences . Activities: 1. The Program team will rev·1ew existing engineering and des ign guidelines and standards (processes, design requirements, specifications; details, etc.t including design requirements from recent applicable past pr ojects, and will develop recommendations for improvement. 2. Upon concurrence with recommendations, the Consultant will lead efforts to develop enhanced and comprehensive guidelines and standards, including standard design approaches and criteria to ensure consistency in approach amongst the various projects and designers. Deliverables: 1 . Eng ineering and Design Guidelines and Standards Task 02.04-Construction Management Manual Development Objective: Develop Construction Management Manual to guide Construction Managers, resident Engineers, inspectors and other team members in performing project-specific construction managementand oversight activities in conformance with overall program requirements. Assumptions: Construction management guidelines will be based upon recognized practices, including those described in the Construction Management Association of America's Construction Management Standards of Practice, as applicable and appropriate. Page 9 of21 lnputs frwn CITY: 1. The City will provide guidance regarding Oty business processes and limitations that will be required to be integrated into the Construction Management Manual. 11 ctivities: 1. Consultant will develop a Construction Management Manual to provide information to the Project Manager, Construction Manager and other project team members and stakeholders about processes, practices and tools to be used during management of a construction project, the manner in which construction contract administration is to be handled, and the manner in which quality of work is to be controlled. Procedures and responsibilities of construction management team members will be defined to assist all project team members in developing and understanding consistent lines of authority, communication, and responsibility. The Construction Management Manual, will be published via the web-based Program Delivery Platform (Platform), and will include the following sections: a. Construction Management Team Roles and Responsibilities b. Construction Administration (Health and safety; Communications and meetings; RFI and submittals; Cost and schedule controls; Change management; Progress payment applications; Documentation and document control) c. Construction Quality Assurance (Inspections and testing; Environmental and permit monitoring; Documentation; Inspection reports and forms; Measurement for payment) d. Commissioning e. Dispute resolution and avoidance f. Construction close-out g. Post-construction activities h. Tools, templates and reference materials Deliverables: 1. Construction Management Manual Task 02.05-Project Validation Objective: Develop refined cost and schedule baselines through validation of scope, budget and schedule for all capital projects and preparation of a validated cost-loaded master program schedule. Assumptions: 1. None Inputs from CITY: 1. City will provide guidance and participate in the further development of project summary descriptions, cost estimates and schedules. Activities: 1. Metro Plan recommendations for Infrastructure implementation and the City's further definition of projects, project sequencing, project timing (schedule) and budgets was used as base information for the preliminary project scope, schedule and cost validation. Further review will be performed to further define projects and develop cost estimates and schedules of greater accuracy and to develop an initial validated baseline cost-loaded schedule. Consultant wlll: Page 10 of 21 a. Review and revise the project summary descriptions to further define individual projects and their elements !engineering, environmental analysis, permitting, land acquisition, procurement, construct ion and commissioning). b. Review the conceptual project implementation schedules and update them to serve as baseline project implementation schedules. c. Review the conceptual project cost estimates and update them to serve as final budgetary estimates to be integrated into the CIP budget and cost-loaded baseline schedules . 2. Consultant will prepare a cost-loaded baseline master schedule. In preparing the master schedule, consideration will be made to reflect project Interdependencies. The cost-loaded schedule and resulting cash flow will be compared to the City's funding plan to assure that adequate funding exists to support project implementation. Where finding challenges are identified, the Consultant will work with the City to consider project schedule revisions. 3. Consultant will prepare a final Project Validation Report to compile and summarize work done under this main task . This report will serve as the basis for project definition and cost/schedule baseline development, and as a reference for specific project initiation. Deliverables: 1. Updated project summary descriptions 2 . Budgetary project cost estimates 3. Updated baseline project schedules 4. Cost-loaded baseline master schedule 5. Final Project Validation Report Task 02.06-Cost and Schedule Controls Development and Implementation Objecti1•e: Implement systems to enable comprehensive cost and schedule management, control and reporting for the overall Program and individual projects. Assumptions: 1. None Inputs from CITY: 1. The City will provide guidance regarding City business processes and limitations that will be required to be integrated into the Program Controls Plan . 2. City will advise of prior history on soft-costs for City projects . Activities: 1. Following confirmation and acceptance of practices recommended in the Preliminary Program Controls Plan, Consultant will finalize the Program Controls Plan (PCP) to describe how the program team will implement program and project controls and reporting. 2. Consultant will finalize project and program schedule and cost templates and report templates. 3. Consultant will conduct program and project controls training for program leadership, project managers and other key staff as confirmed by the City. Page 11 of21 Deliverables: 1. Program Controls Plan . 2. Program and project schedule and cost templates. 3 . Program and project performance report templ ates. 4. Program controls training materials. Task 02.07 -PMIS Deployment and Enhancements Development Objective: Implement a web -based Program Management Information System {PM IS) to enable effective cost and schedule monitoring for the overall Program and individual projects during Phase2. Assumptions: 1 . Initial PMIS wil l be deployed following approval ofthe Program Controls Plan and PMIS Implementation Plan . 2. Consultant's level of effort for implementation of Program Management Information Systems (PM IS) assumes the use of Microsoft Share Po i nt & Oracle (Primavera & Contract Manager} software and access through the Consultant's cloud-based systems . Inputs from CITY: 1. As deemed necessary by the City, City will coordinate participation in PM IS deployment and training meetings by City's Information Technology (IT) staff. Activities: 1. Consultant will deploy the initial PM IS within two weeks of Notice to Proceed. 2. Consultant will conduct training on initial PMIS operation for program leadership, project managers and other key staff as confirmed by the City. 3. The consu ltant will work with the City to consider if and how further development of the PM IS may include functionality related to the items listed below and/or other items. A technical memorand um will be prepared to define implementation recommendations for selected enhancements. a. GIS-based land-acquisition arid permit management b . Risk management c. Procurement and contract change management d. Funding integration and enhanced cost management e. Resource management f. Health & safety management g. Program KPI data management and performance tracking h. Outreach I stakeholder communications 4 . Consultant will deploy PMIS enhancements . Deliverables: 1. Deployment of web-based PM IS. 2. PMIS training materials. Pag e 12 of21 3. Technical memorandum defining PM IS system enhancements to by developed and deployed. 4. Deployment of PM IS enhancements. ------------·-···---·------·-----·-·-·····------------------------------- Task 02.08-Document Management System Implementation Objective: · Implement effective document management strategies and systems to support efficient performance of Program and project delivery activities and enable organized, comprehensive and secure storage of Program documentation. Assumptions: 1 . Consultant's level of effort for implementation of the Document Control System assumes the use of Microsoft SharePoint software and access through the Consultant's cloud-based systems. !n preparing the Document Management Plan, consideration may be made for use of other software platforms. Inputs from CITY: 1. Information regarding the City's existing document controls practices and systems, and document retention and archival requirements, will be provided by the City within 30 days of Notice to Proceed. Activities: Document Management Plan: 1. Consultant will prepare a Document Management Plan (OMP) to describe how the program team will manage program documents in physical and electronic form. The DMP will be incorporated into the PMP, as indicated in Task 01.02.01, and will address strategies, policies, procedures and tools for document tracking and storage. It will include descriptions of organization roles and responsibilities; document control systems to be established; document management practices, procedures and processes; document numbering and identification protocols; integration of Program documents into other City documentation systems; and document management audit, feedback and improvement activities. Document Control System: 2. Following approval of the DMP, Consultant will Implement the recommended Document Control System (DCS) for use in managing program, design and construction documentation, standard forins and templates, and other program-related records. Deliverubles: 1. Draft and final Document Management Plan (DMP) 2. Deployment of Document Control System (DCS) Task 02.09-Public Website Development and Deployment Objective: Produce a public Program Information Website to enhance the community's understanding of the Program and projects, and inform citizens of construction activity. Assumptions: 1. The website will be hosted on the Program's cloud-based Share Point site for effective integration Page 13 of21 and data-sharing with PM IS systems. Inputs from CITY: 1. City wm participate in determination of types of information ar~d content to be published on the website and will provide all non-program-specific information and content to be published. Aceivities: 1. Consultant will provide recommendations for development of a Program Information Website to enable summary review of program and project status by various City and external stakeholder groups. A technical memorandum will be prepared with recommendations for design, content and deployment of the website . 2. Consultant will design and deploy the Program Information Website. Deliverables: 1. Technical memorandum regarding implementation of Program Information Website. 2. Development and deployment of the Program Information Website. Task 02.10-Skills Assessment and Staff Integration Planning Objective: Maximize City staff involvement in Program activities to enable optimal use of City resources and set the basis for future transition of all Program activities from Consultant to City Staff. Assumptions: 1. As appropriate to support Program team effectiveness and to the maximum extent possible, CIP- assigned City staff from other departments wHI be functionally and physically integrated into the Program team. Inputs from CITY: 1. City will provide information on skills sets of City staff that may be assigned to the PMO and will enable Consultant access to City staff for informal skills assessments and interviews. 2. This City's Program Manager will facilitate discussions regarding integration of services between other City Departments and the PMO. Activities: 1. The consultant will prepare a Skills Assessment to assess the City's Program staffing capacity and City and Consultant staff skill sets, and recommend how best to leverage staff talent within the integrated program management team. Consultant will make recommendations regarding the best use of City resources to support Program execution and will assess the capacity and resource needs of other City departments to support the development of Program-related capital projects. The capacity assessment may primarily focus on the City's Public Works Department (PM, CM, consultant selection and surveying), Attorney's Office (legal reviews), Purchasing Division (contract procurement), Department of Development and Resource Management {permitting and permit inspections), and Finance Department (accounts payable and bonding), although consideration of other City Departments will also be included, as appropriate. 2. Following preparation ofthese assessments, Consultant will develop a Staffing Integration Plan to maximize the use of current City staff resources, will define practices to support team integration, Page 14 of 21 and will provide program leadership with the information necessary to make decis i ons regarding trai ning needs and execu tion . Deliverables: 1. Skills Assessment 2 . Staff Integration Plan ···-~·-M -·---0 Task 02.11-Training and Skills Transfer Planning Objective: Develop an understanding of training and ski !Is transfer needs and implement strategies to administer training and skills transfer activities that will provide long-term value to the City through staff professional development and improved delivery capability. Assumptions: 1. For the purpose of developing the Training and Skills Transfer Plan, it is assumed that training and skills transfer may be conducted through mentoring , on-the-job training, informal lunchtime meetings, formal classroom training sessions and/or computer-based media . Inputs from CITY: 1. City will advise of any requirements and/or limitations the City or other groups {i.e ., unions, bargaining groups, etc .) may have regarding training and mentoring of City staff. 2. City will advise ofthe City's general approach and budget limitations relating to staff development, to be considered in preparing the Training and Skills Transfer Plan. Activities: 1. Consultant will prepare a Train ing and Skills Transfer Plan (TSTP} to describe how the program team will manage development of skills within the City's organization. The TSTP will be incorporated into the PMP, as indicated in Task 01.02.01, and will address identification of developmental needs and strategies to fill those needs throughout the contract term. The TSTP will include a description of skills development goals, inducting those related to transfer of program responsibilities from Consultant to City staff; a skills gap and training needs assessment; and determination and descriptions of skills transfer, formal training and skills competency validation activities. Specific consideration will be given to project management training to achieve and Project Management Professional (PMP) certification through the Project Management Institute {PMJ). 2. Consultant will develop training materials and provide training as selected by City . Deliverables: 1 . Draft and final Training and Skills Transfer Plan 2. Training presentation and reference materials Task 02.12-Business and Operational Improvement Initiatives Planning Objective: Develop a plan to implement identified business and operational improvement initiatives for enhanced CIP implementation and Water Division operations. Page 15 of 21 Assumptions: 1 . Business and operational improvement initiatives will be prioritized to be implemented as most appropriate for the City throughout the duration of the contract. Inputs from CITY: 1. City will advise Consultant regarding purpose, drivers and expectations for each initiative. 2.. City staff will participate in the prioritization process to assure that initiatives are scheduled to most effectively support overall Water Division and City operational improvement needs . Activities: 1 . Consultant will meet with the City to develop an understanding of each of the business and operational improvement initiatives, as identified by the City, induding the purpose, drivers, expectations and affected stakeholders for each. 2. Consultant will develop a prioritization model, including applicable cost/benefit/risk criteria, for use in prioritizing the initiatives for implementation . A workshop wlll be conducted to prioritize the initiatives and consider the prioritized list with respect to fund·mg availability and implementation scheduling. 3. Based on the workshop outputs and technical requirements for each initiative, implementation recommendations will be developed and reviewed with the City. 4. A technical memorandum will be prepared to present results of the prioriflzation process and selected implementation strategies. Deliverables: 1. Technical memorandum to present initiative prioritization results and implementation recommendations for each initiative. Task 02.13-Consultant Procurement Template Development Objective: Develop revised RFO/RFP templates for consulting services procurement, to enable optimal engineering and design performance in synchronization with program goals and activities. Assumptions: 1. None Inputs from CITI': 1. The City will provide guidance regarding City consultant selection, project execution and contracting requirements to be integrated into the revised RFO/RFP templates. Activities: 1. Consultant will review existing templates for consulting services RFQs/RFPs and will develop recommendations for modification of the templates to better suit the programmatic approach, reflect revised project delivery phasing, enable consistency in proposal/SOQ format and approach, by various responding consultants, and enable efficiencies in consultant submittal evaluation and selection. 2. Consultant will prepare revised RFO/RFP templates to incorporate those recommendations wh ich are accepted by the City. Page 16 of21 Deliverab/es: 1. Revised RFP/RFQ templates for consulting services . ~.-··--·---·· .. -·------. . . ·--. ·-··-.. ---. ····----· ·-·--· -----____ .., __ ···----------· .... ----·-···--------·------------~ ·······-............... ·-···· Task 02.14-Alternative Delivery Consideration and Template Development Objective: Explore the City's ability to use, and the potential value of using , alternative de l ivery methods to implement design and construction projects under the Program umbrella . Assumptions: 1. None Input> from CITY: 2 . City Attorney's office and City's Program Manager will participate in initial discussions regarding the City's ability to procure design and construction services through alternative delive ry means . Activities: 1. Consultant will conduct meetings and workshops to understand City requirements and li mitations as related to employing alternative delivery met hods for project implementation. If the ability to employ such methods exi~ts, Consultant will prepare a technical memorandum to evaluate the value of using alternative delivery methods, in terms of cost and schedule benefit, as specific to projects to .be implemented as part of the program, and to outline necessary further action to put alternative delivery processes and procedures in place . 2. lfthe City decides to employ alternative delivery methods on future projects, Consultant will work with the City Attorney's office and Program Management team to develop templates for procurement contr acts and project delivery guidelines for engi neering and construction . Deliverables: 1. Draft and final technical memorandum regarding alternative delivery value and follow up action. 2. Procurement contracts and project delivery guidelines. Task 02.15-Professional Outreach and Awards Planning Objective: Enhance the City's stature in the industry through professional and/or technical presentations, publications and awards. Assumptions: 1. None inputs from CITY: 1. City will participate in select opportunities for staff involvement in program and project related presentations and publications and promote recognition of the program, projects and staff through professional awards. Activities: 1. Consultant will prepare a survey of opportuni ties for profession and technical presentati on and publication and recogn ·ttion of the program, projects and staff through professional awards. This survey will include a description of potential opportunities and prioritize those opportunities w ith Page 17 of21 respect to positive impact to the Program, the City and staff. 2. For opportunities selected for pursuit, Consultant will develop strategies and templates to support efficient and standardized preparation of high-quality abstracts, presentations, papers and award applications, and will develop a proact ive program to assure response to the opportunities . Deliverables: 1. Presentation and publication opportunities survey and response plan. 2. Award opportunities survey and response plan. TASK 03-PROJECT DELIVERY STAFF AUGMEN'TATION Task 03.01 -Project Delivery Staff Augmentation Objective: Provide staff augmentation for project management and technical support to enable successful and efficient delivery of planned capital projects. Assumptions: 1. Responsibility for execution of activities listed below will be shared by the City and Consultant . Assignment of personnel and level of effort to be provided by each entity toward fulfilling needs for each activity and project will be as agreed by the City's and Consultant's Program Managers, within the limit defined by the contract value . 2 . Authority to approve project cost and schedule baseline changes resides solely with the CllY's Program Manager. Inputs from CITY: 1. CITY will provide Consultant staff with background information relevant to projects and tasks to which Consultant staff are assigned. 2. City wi!l provide Consultant's staff access to City networks and communication systems or will facilitate team communication and data access, to enable efficient program/project management and team communication, and appropriate access to program/project related data. Activities: Project management and technical support staff will be assigned to the program in full-time or part-time roles to support the following functions and activities, as specific to active Metro Plan projects, other CIP projects and specifically budgeted business and operational improvement initiatives: 1. Project Management 2. Scope, Cost and Schedule Management 3. Project Controls, Cost Estimating and Scheduling 4. Communication Management 5 . Risk Management 6. Change Management 7. Contract Admin istration and Procurement Support 8. Planning Page 18 of 21 9. Regulatory and Environmental Support 10. Permitting Support 11. Land Acquisition Support 12. Engineering, Des ign Oversight and Quality Control 13 . Construction Management, Inspection and Administration 14. Operations, Commissioning and Start-up Support 15. Document Management 16. As-needed Design and Techn i cal Support Deliverables: 1 . As defined and req'uired by the Program Management Plan, applicable City policies and procedures, and other program and project guidance documents. TASK 04-OPTIONAL Task 04.01 -Optional Supplemental Services Assumptions: 1. Hours estimated to develop task budget equal to 5% of other approved task budgets. Activities: 1. As needed services to be provided upon approval of Oty. Deliverables: 1. To be determined upon approval of City. Page 19 of 21 SCHEDULE OF FEES ** Billing Rate Ranges are estimated to typically represent anticipated rates . Actual billing rates will be based on billing terms as described on the following page. Page2Qaf21 SCHEDULE OF FEES Consultant fees will be based on the following terms. 1. Professional services will be billed as raw salary times a maximum multiplier of 3.15 pl us di rect project expenses . 2:. Raw salary cost includes direct salary paid to an employee. The mu ltiplier includes compensation for all other salary-related costs including fringe benefits such as sick leave, vacation, holiday pay, unemployment taxes, social security and Medicare taxes, state and local taxes, workman's compensation insurance. The multiplier also compensates for the following: 1) Office overhead costs including, but not limited to, general postage and delivery services, general reproduction, rent, office supplies, and insurance associated with Consultant staff assigned to Consultants' offices; and 2) Office overhead costs for rent and office furniture for Consultant staff assigned solely to the integrated team. 3. Travel costs for lodging, meals and incidentals will be billed using U.S . General Services Administration {GSA) per diem rates as published on the USGSA website. Receipts will not be required for these expenses. Other travel expenses and all other expenses directly related to the Project will be based on actual costs and will not be marked up. Receipts for expenses billed at actual cost over $25 will be maintained and submitted with invoices. 4. Direct project expenses related to technology costs, such as computers, communications and CADD charges will be compensated as an hourly rate charge of $5 .00 per labor hours charged on the project each month. 5 . · The automobile mileage rate will be based on the IRS established rate times mileage directly attributable to the Project. 6. Subconsultant labor will be marked up by 6%. FirsHier sub consultant labor will be marked up by the prime consultant only, and second-tier labor will be marked up by the first-tier subconsultant only. Additional tiers, if any, wilt be treated similarly. No subconsultant's labor will be marked up by any party other than the one with whom they are contracted (no compounding markups). 7. Monthly invoices will present labor costs and expenses on a per-task basis . Subconsuttants will be shown on the invoice as a separate line item under each task on the Consultant's invoice . Mark-up on subconsu!tants will be shown as a separate line item clearly indicating that the mark-up applies to subconsultant labor costs. Subconsultant invoices will also present labor costs and expenses on a per-task basis . Page 21 of 21 CH2M HILL 8050 N. Palm Ave. Suite 300 Fresno, CA 93711 August 1, 2014 Fresno P.O. No.: 0000067350 CH2M HILL Project No.: 482124 Mr. Michael Carbajal City of Fresno Department of Public Utilities – Water Division 1910 East University Avenue Fresno, CA 93703 Subject: Fresno Metro Program – Program Management Services CH2M HILL Program Management Contract Annual Summary Report for FY 2014 Dear Mr. Carbajal: I am pleased to submit the attached Program Management Contract Annual Summary Report for FY 2014 programmatic activities, summarizing the CH2M HILL team’s financial performance, staffing, accomplishments and activities for FY 2014 program management services provided under our Professional Consultant Agreement approved by City Council on October 31st, 2013. Please note that this report is currently submitted in preliminary format. Upon completion of invoicing for June 2014 activity and closure of financials for the fiscal year, I will submit a final report. In this preliminary version, unbilled activity has been estimated to enable approximation of final expenditure values. CH2M HILL is proud to serve you in implementing your Water Capital Improvement Program. I hope that this summary report provides appropriate and adequate information regarding FY2014 activities and accomplishments. If you have questions or would like to discuss this or other items, please contact me at (714) 425‐4081 or gino.rapagna@ch2m.com. Sincerely, Gino Rapagna Program Manager cc: Martin Querin, City of Fresno Rod Brauer, CH2M HILL Rich Pyle, CH2M HILL City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 1 of 23 EXECUTIVE SUMMARY: This report summarizes the CH2M HILL team’s financial performance, staffing, accomplishments and activities for FY 2014 program management services provided under the Professional Consultant Agreement approved by City Council on October 31st, 2013. FY 2014 expenditures are estimated at $6.012 million, in comparison to a budget of $6.993 million. Approximately $981,000 remains unspent, equating to a 14% funding surplus. Approximately 19% of the expenditure was by subconsultants. This percentage, especially as related to locally-based subconsultants, is anticipated to increase as program initiation is completed and project delivery further ramps up. Current integrated team staffing is at 26 team members. In order to assure effective delivery of the City Water Division’s CIP, the integrated team will continue to increase in size over the 2015 fiscal year. The integrated team is supplemented by staff assigned to local and remote consultant/subconsultant offices, these staff bringing necessary and valuable expertise in many areas of program delivery and design. Included in the current integrated team are 4 staff from local subconsultants, 5 local new hires, and 13 staff that have or will soon relocate to the Fresno area. A list and description of significant program and project-specific accomplishments and activities may be found starting on Page 2 of this report. These accomplishments contribute greatly to the City’s future success in implementing the many important projects of the Metro Plan and the overall Water Division CIP. FY 2014 BUDGET PERFORMANCE: FY 2014 Funding, Billings and Surplus: Funding: $ 6,993,000 To Date Billings: 5,520,620 Pending Billings (estimated) (1): 490,978 Total Billings (estimated) (1): 6,011,598 % spent (1): 86 % Surplus (estimated) (1): 981,402 (1) Includes approximately $440,000 outstanding subconsultant billings and approximately $50,000 outstanding expense billings. Invoice is currently being prepared for these outstanding FY2014 billings. Billings Summary by Consultant (1): CH2M HILL $ 4,847,606 Subconsultants: Agile 1 22,941 Blair, Church & Flynn (2) 205,809 Provost & Pritchard Consulting Group (2) 58,484 Katz & Associates 246,109 Akel Engineering Group, Inc. (2) 61,156 Peters Engineering Group (2) 5,147 Critigen 292,088 Jeffrey Scott Agency (2) 17,199 OZ Architecture 10,500 RMC Water & Environment 214,533 Environmental Science Associates 26,363 AEGIS Groundwater Consulting (2) 3,238 Labor Consultants of California (2) 425 (2) Local business. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 2 of 23 FY 2014 AND PROJECTED INTEGRATED STAFFING: (Projections as of June 30. May change pending contract amendment consideration.) Integrated Team Members (3): FY 2014 Staffing Open Positions Pending Positions Total Program Leadership 2 1 3 Project Managers 6 1 7 Engineering & Technical Support 3 2 4 9 Construction Mgmt 1 2 2 5 Permitting Support 1 1 1 Contracts & Procurement Support 1 1 Safety 1 1 Public Outreach 3 1 4 Program Controls 5 3 1 9 Labor Compliance 1 1 Admin Support 1 3 1 6 Interns 3 3 Total 26 13 11 50 (3) Includes CH2M HILL and subconsultant staff whom are integrated full- or part-time into the local team. Does not include consultant staff which support the Program on an as-needed part-time basis. FY 2014 ACCOMPLISHMENTS: Listed below are highlighted accomplishments of the integrated Program Management Team during FY2014. Program Initiation and CIP Delivery Process Enhancement  Developed Program Charter.  Developed understanding of role and function of other City departments.  Met with City Council to discuss critical success factors.  Developed Program Management Plan (PMP) to define program governance and administration: o PMP Overview o Mission, Vision, Goals and Charter o Program Governance o Program Scope of Work o Business Process Mapping o Program Controls Mgmt o Performance Monitoring and Reporting o Project Mgmt Information Systems o Change Mgmt o Risk Mgmt o Quality Mgmt o Document and Records Mgmt o PMT Communications Plan o Public Outreach o Procurement and Contract Mgmt o Design Management o Property Acquisition Mgmt o Construction Mgmt o Permitting and Regulatory Compliance o Utilities Coordination o Cost Estimating o Health and Safety Mgmt  Developed guidelines for program and project delivery: o Project Mgmt o Engineering and Design Mgmt o Construction Mgmt o Permit and Land Acquisition Mgmt o Document Mgmt o Cost Estimating o Construction Scheduling o Procurement Guideline and Templates  Developed systems and tools as described below. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 3 of 23 CIP Project Cost/Schedule Validation and Financial Planning Support  Worked with City staff to confirmed project costs and schedule for Metro Plan and all other CIP projects, 160 in total.  Conducted workshops and prepared project prioritization to support decisions regarding project implementation and enable cost reduction through deferral of low priority projects.  Prepared Project Validation Report, compiling project cost and schedule projections into a single document to serve as the baseline for the program.  Supported preparation of the Water Divisions FY2015 budget, using P6 cost and schedule data outputs as the basis for CIP project budgets and cash flow.  Developed financial planning model to support financial planning for bond sale timing and amount.  Supported project affordability analysis, using financial planning model to test financial assumptions (interest rates, coverage, etc.) and validate affordability.  Supported development of alternative rate scenarios, to address associated questions from City management and administration. Project Cost Optimization and Savings ($73 million total)  Conducted value engineering study for SESWTF, resulting in reduction of cost estimate by $6.8 million.  Analyzed process options for SESWTF and recommended process design changes, resulting in reduction of cost estimate by $31.2 million.  Optimized design assumptions and developed revised cost estimates for Kings River Pipeline, resulting in reduction from original estimate by $25.0 million.  Through the project prioritization, identified lower priority projects to be deferred for future consideration (Tank T-2 and NESWTF Clarifier), for reduction of short-term budget by $10.0 million. Program Controls, Program Management Information Systems and Document Controls  Work with the City’s accounting team to enhance cost accounting structure synchronizing project management cost accounting with City’s accounting systems, enabling effective project management and laying basis for accurate performance tracking earned value methods.  Developed a cost-loaded critical path schedule for all projects and overall program, putting in place a consistent measurement tool across projects and project managers.  Conducted monthly cost and schedule updates to enable refinement of cost and schedule projections prior to setting project baselines.  Established Earned Value Management processes based on industry best practice and world-class tools to accurately track and forecast progress in alignment with spending.  Established cloud hosting and managed services infrastructure for PMIS.  Developed and deployed Program Management Information Systems, including: o Cost and Schedule Management tools (P6) o Program Management Portal (program website: information, links, tools) o Program Performance Dashboards (cost/schedule and earned value management dashboards)  Administered Portal overview training to core Program team members.  Developed guides for project controls and PMIS administrative and user support.  Established plan and framework for electronic document control.  Advanced development of Program Management Information Systems, including: o Document Management tools (SharePoint) o Construction Management tools (SharePoint workflows) Public/Community/Business Outreach and Education  Developed Public Communication Plan and supporting materials.  Initiated discussions with City Council and developed initial plans for community business outreach.  Prepared materials for and supported implementation of Mayor’s Town Hall Meetings conducted in December 2013. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 4 of 23  Conducted public focus groups to develop understanding of public perceptions and support information messaging development.  Finalized core Program information and messages to be consistently used within public information materials.  Finalized creation and approval of a Program brand (Recharge Fresno: Securing Our Water Future) and style to establish a recognized identify among Program stakeholders.  Supported development of award nominations for recognition of the Water Division’s system-wide metering program (ACSE Fresno Section) and the Metropolitan Water Resources Management Plan ASCE (San Francisco Branch) for awards to be announced in August 2014.  Initiated preparation for speaker training to ensure all Program leaders are sufficiently prepared with materials and techniques to present consistent information and raise the Program profile among the public and throughout the community.  Finalized plans and prepared materials to enable readiness for launch of the Program website (www.RechargeFresno.com), Program hotline (844-FRESNOH20) and social media (LinkedIn, Facebook, Twitter and YouTube).  Placed Program overview article in local business publication circulated to approximately 7,000 area stakeholders and developed additional draft articles for future use.  Created Program maps, schematics and visuals to support public communication including materials to support City public information meetings and news conferences.  Supported preparation of Stage 2 Drought Communication Program for City Administration.  Finalized core public information materials, including a Program fact sheet, Frequently-Asked Questions document, “pocket” card for internal staff and construction representatives, project signage, and project- specific materials for near-term construction (Tank T-4).  Developed plan for comprehensive communication programs and strategies for Media Relations, Construction Relations and Consultant and Contractor outreach. Business and Operational Improvement Initiatives  Enterprise Asset Management (EAM): o Conducted Comprehensive Asset Management Review and Assessment (needs assessment) to identify EAM implementation priorities. o Conducted a strategic risk assessment and developed a draft Water Division’s strategic risk register. o Initiated development of an EAM implementation roadmap. o Developed first draft of a Water Division Asset Management Plan. o Initiated analysis of well operational and asset data to establish baseline for well risk assessment and support future decisions regarding well rehabilitation and pump replacement. o Initiated analysis of service requests and hydraulic modeling data to establish baseline for linear (pipe) risk assessment and support future decisions regarding water main renewal and replacement.  CMMS Implementation: o Collaborated with the Street Maintenance Division and the Wastewater Management Division to assess the current status of the City’s CMMS, assess needs for software replacement or upgrade/enhancement. Decision to upgrade/enhance existing software was made. o Conducted review of hardware, software and network environment to understand software integration issues and assess adequacy of systems to run the newest version of Hansen. o Assisted in preparation of RFQ for CMMS data migration professional services. o Conducted CMMS data migration chartering meeting to establish the internal project team.  Security Improvements: o Developed work plan to update Water Division’s Vulnerability Analysis and prepare a prioritized Security Improvements Plan, for future use in determining capital projects to be implemented. o Initiated collaboration with the SESWTF design team on security standards and the pre- qualification of security contractors for the installation and integration of security systems at the facility. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 5 of 23 CIP Project Support and Progress  SESWTF: o Supported State Revolving Fund application process for funding ($50 million in low interest loans). o Managed the project and consulting services (design) contract on behalf of the City. o In April 2014, completed a formal Value Engineering review that identified over $9 million in construction savings to be implemented. o In May 2014, completed 30% design and transitioned into 60%design production. o In June 2014, submitted the draft Conditional Use Permit (CUP) for comment. Presented to and recommended for acceptance by the Council District No. 4 Implementation Committee. o In July 2014, completed PG&E power connection and rate study, resulting in agreement to provide service at the 115kV transmission level, thus reducing the Water Division’s electric rates by 30 percent.  Friant-Kern Pipeline: o Managed the project and consulting services (design) contract on behalf of the City. o Reviewed the 60 percent and 90 percent design documents. o Reviewed the design engineer cost estimate and provided program independent cost estimate. o Provided oversight and review of hydrogenation feasibility study. o Review and approval of land acquisition offers and developed Council Reports for these acquisitions. o Provided review and oversight of permitting activities with design engineer and permitting subconsultant.  Kings River Pipeline: o Managed the project on behalf of the City. o Provided an updated cost estimate to help refine the overall project cost. o Prepared a Project Definition Phase report. o Selected and negotiated with Carollo to perform design of the Kings River Pipeline. o Secured Richard Smith to provide right-of-entry and land acquisition support. o Selected ESA to provide environmental permitting support. Preliminary field investigations have been performed. o Coordinated with design aspects of the SESWTF design to provide consistency and collaboration. o Developed conceptual route analysis. o Performed hydraulic analysis to determine pipe size requirements.  Regional Transmission Mains (RTMs): o Managed the project and consulting services (schematic design) contract on behalf of the City. o Supported the selection of AECOM to complete predesign for the RTMs, and negotiated associated contract. o Initiated hydraulic analysis and optimization of RTMs, including system-wide hydraulic modeling. o Coordinated data acquisition between design engineer and other City departments (Streets & Traffic). o Provided guidance and collaborated with design engineer on development of various alternative pipeline alignments. o Provided guidance on development and review of Standard Details and Specifications for use on all final design packages.  Tank T-4: o Managed the project and consulting services (bid period) contract on behalf of the City. o Managed and coordinated completion of the bid documents going from 90% to completion. o Negotiated an amendment for services during construction with design engineer. o Solicited, selected, and negotiated with a 3rd party construction management company. o Managed oversight of the construction bidding process, working closely with City Purchasing. o Worked with Purchasing, HR, and City Clerk office to support initiation of construction contract, from award through notice to proceed. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 6 of 23  Internal Design Projects (including PS52A; PS250A; Orange Center School Pipeline; PS171-2; Fulton Mall Water Line Improvements): o Managed the project on behalf of the City. o Provided design services for construction document preparation.  Northeast Surface Water treatment Facility projects (including Water Storage Tank; Emergency Power Generation; Communications Tower; Courtyard Improvements): o Developed project implementation plan, including scope of work for design services.  Active well projects (new wells and well rehabs): o Provided cost/schedule updates and project coordination on behalf of the City.  Active pipeline replacement projects: o Provided cost/schedule updates and project coordination on behalf of the City. Miscellaneous Accomplishments and Activities  Coordinated with City PW and High Speed Rail Authority on relocation of water utilities.  Established communication with street maintenance staff to coordinate Program projects with future proposed street maintenance activities.  Prepared informal water system energy evaluation.  Participated in meeting to discuss limitations and opportunities for use of alternative delivery project implementation methods.  Advised on public private partnership (P3) issues, including consideration of operational costs.  Developed preliminary feasibility analysis for potential future conjunctive use projects (Metro Plan Plus).  Develop draft MOU for collaboration between City of Fresno Water Division and Fresno State University.  Prepared financial analysis for Granville Homes buy into NESWTF, associated with Copper River Development.  Advised on California legislative affairs.  Advised on water resources management issues, including water transfers to refuges.  Prepared diversity/inclusion presentation to Councilman Xiong.  Developed labor compliance strategy to support contractor prevailing wage compliance audits.  Initiated support for Balanced Scorecard Update, using Effective Utility Management (EUM) strategies.  Supported preparation of various presentations to City Administration and Council. FY 2014 ACTIVITY: On October 31, 2013, the City Council approved a professional consultant agreement with CH2M HILL for Program Management Services. Since then, CH2M HILL has engaged in program support services related to program oversight and operations; program controls; project validation and budget planning; financial and funding support; document management; stakeholder communication; public outreach and communication; Administration and Council communication support; CIP planning; regulatory and environmental support; permitting support; hydraulic modeling and GIS support; business and operational improvement planning and implementation; resource planning and staff projections; development of a Program Management Plan and set of delivery guidelines; program systems development and maintenance (PMIS, DMS, SharePoint, Public Website, etc.); professional outreach and awards facilitation as well as many other as-needed and as-requested support activities. The purpose of these activities is to enable accurate budget forecasting, appropriate planning for project implementation, use of best and most efficient practices in project delivery, reduction of overall CIP implementation costs and improved asset management, during current and future heightened levels of CIP activity. Program Management Services are focused on achieving the following goals:  Develop best-in class Program and project management systems to enable on-schedule and on-budget project delivery.  Improve effectiveness and efficiency of project delivery and O&M activities.  Communicate the value of the Metro Plan to our customers and all stakeholders, maximize involvement of local business, and create opportunities for economic development. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 7 of 23  Ensure a safe potable water supply to customers while mitigating impacts from anticipated pending regulations.  Implement Metro Plan projects to enable a balanced water supply by maximizing use of surface water supplies, reducing groundwater pumping, increasing groundwater recharge, and increasing water conservation and water reuse.  Apply asset management strategies to renew aging infrastructure.  Enable knowledge transfer to support professional development and certification for Water Division professionals. To accomplish these goals, services are categorized in the following three areas of activity:  Program Management, Administration and Support - This area of activity focuses on ongoing program- level activities to support programmatic oversight and execution.  Program Initiation - This area of activity includes activities necessary for program set-up and to enable readiness for ongoing program management and project delivery functions.  Project Delivery - This area of activity includes staff augmentation for project-specific project management and technical support, to enable successful and efficient delivery of planned capital projects. The following table includes descriptions of significant activities that have occurred within defined program tasks during FY 2014, although it is not inclusive of all program activity. The scope of work contained within the original contract was developed to support ongoing program activities for the life of the contract, through FY 2018. Therefore, it should not be expected that all tasks would be fully complete by the end of FY2014. That said, it is planned that all program initiation activities (Task 02) will be brought to completion in FY 2015. CH2M HILL Task Number and Description FY2014 Significant Activity Task 01 Program Management & Administration (Task 01 activities are generically described to reflect ongoing program efforts.) 01.01.PM - Program Mgmt & Admin Program oversight, management, and administration; staffing and staff oversight; budgeting, financial management and invoicing; management and administration communications, subconsultant procurement, administration and financial/contract management. 01.01.PC - Program Controls Program-level controls for cost and schedule management by schedulers, cost analysts and estimators including cost and schedule database management; operation of cost and schedule systems and software; integration of City of Fresno financial data; coordination with program and project teams for monthly update and reporting. 01.01.PV - Project Validation & Budget Planning See Task 02.05 for Project Validation activities. 01.01.FS - Financial Support Reviewed CIP portfolio and developed a prioritization methodology to determine optimal project phasing. Developed decision support tools to explore various options and related affordability of the Metro Plan and specific projects. Developed financial modeling tools to understand overall program finance alternatives, optimal timing of bond issuance, and relation to program affordability and monthly variations in costs and revenue. Perform as-needed scenario analysis to understand impact(s) of various decisions and manage financial-related complexities during planning and implementation. 01.01.RM - Risk Management No significant activity to date. See Task 02.19 for description of related activities. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 8 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity 01.01.DM - Document Management Development and integration of document management systems into SharePoint environment. 01.01.SM - Safety Management No significant activity to date. See Task 02.16 for description of related activities. 01.01.EP - Engineering & Planning General engineering and planning efforts, including planning level efforts for pipeline replacement projects and new well construction and rehabilitation projects, hydrogeology support for well projects, review of Metro Plan documents, technical review of EIR, and other studies related to the CIP. Also, project management and engineering activities for groundwater well construction and rehabilitation projects, water main replacement and extension projects, NESWTF projects, and Metro Plan Plus. 01.01.OC - Operations & Commissioning Support NESWTF operations cost analysis. Initiated and partially prepared NESWTF operations cost analysis to support consideration of PPP. Aborted analysis upon finding that PPP was not to be pursued per direction of Administration. O&M IIPP update support: Initiated and continued support to Water Division Safety Officer to prepare updates to Water Division’s O&M IIPP. 01.01.PS - PMIS Systems Development and integration of PMIS systems, including Program Portal, Program Dashboards; P6 Scheduling software and SharePoint; roll-out and training; system hosting and maintenance. 01.01.TS - Training & Skills Transfer No significant activity to date. 01.01.PO - Public Outreach Coordination of programmatic and project-specific public outreach activities, including the following: Confirmation of program messaging; development of outreach materials; development of presentations; preparation for media interviews; preparation of articles, newsletters and reports; coordination of outreach events; management of public website and hotline; coordination to support social media; coordination with external stakeholders for workforce development. 01.01.PR - Professional Outreach and Awards Aided preparation of presentations for the following:  PMI Valley Symposium - Implementing Program Management  Webcast for National Groundwater Association Aided preparation and submittal of award applications for the following:  ASCE Fresno Branch – Residential Smart Meter Project  ASCE Fresno Branch – Outstanding Civil Engineer in Private Sector  ASCE San Francisco Section – Metro Plan 01.02 - Short-Term Program Office Establishment Coordination for establish short-term integrated program team office for use until long-term integrated program team office is in place and occupied: Office space search and consideration; coordination with external brokers; financial analysis; planning for relocation. 01.03 - Long-Term Program Office Establishment No significant activity to date. 01.EX - Expenses - Program Mgmt, Admin & Support Expenses associated with all Task 01 activities, including travel expenses for staff that have worked on Task 01 activities during the billing cycle. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 9 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity Task 02 Program Initiation 02.01 - Program Mgmt Plan Development 95% complete. Final draft review in progress. The Program Management Plan (PMP) development has continued with all of 18 of the 22 sections now undergoing final internal (CH2M HILL) review by the authors in preparation for final review with Water Division staff. This work entailed research of the City’s processes for project management, construction management, procurement and other City project delivery processes, which have formed the basis for the Program processes that are detailed in the PMP. Functional leads and program delivery experts then tailored processes to enable efficient delivery by the entire Program team. One of the final efforts underway is to ensure consistency in the programmatic approaches detailed in all related sections. Meetings with Water Division staff to can begin in late July. This version of the PMP will then be finalized and uploaded to the Program Portal for ongoing use by Program staff. The remaining four sections are closely tied to the major guidelines and will be updated for review with staff following review of the related guidelines. 02.02 - Project Mgmt Manual Development 95% complete. Final draft review in progress. The draft Program Management Guideline (PM Guideline) is currently undergoing final review by CH2M HILL PMT leadership. The PM Guideline is based on the City’s Project Management Manual, principles presented in the Project Management Institute publication, A Guide to Program Management Body of Knowledge (PMBOK), proven project management processes utilized on similarly complex programs. During this final review special attention will be given to coordination with the PMP, Engineering Design Guideline, CM Guideline, other Guidelines, and the Quality Management, Change Management, and Risk management practices. The guideline outlines the role and authority of the project manager including interaction with the Program Management Office and other Program functions and design consultants. The guideline also references City of Fresno policies and procedures to provide project managers with all information required to efficiently implement Program projects. Program templates, tools, and reference material are included. The Program’s 5 phases for project delivery, the 8 gate milestones, each with requirements which must be met before proceeding with project implementation. The tasks in the phases and gates were customized for the Fresno Water Division CIP program. Meetings held with Water Division staff can begin in late July to review and obtain guidance on finalizing the PM Guideline. The document will be updated after these meetings, and uploaded to the Program Portal for ongoing use by the PMT. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 10 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity 02.03 - Engr & Design Guidelines & Standards Development 95% complete with Guideline. Final draft review in progress. No activity to date on standards development. Engineering and Design Guideline Development has progressed to draft status ready for initial workshop review by Water Division staff. Guideline development included research of existing City of Fresno DPU and Traffic Division standard details and specifications, CAD drawing information, PM Manual, and recent Water Division design projects issued out to bid. This research was conducted to determine current level of detail, consistency in the use of procedures and standards. Guideline development started with a basic set of processes and tools primarily pulled from the Orange County Sanitation District Engineering Standards Manual and the City of New York Department of Environmental Protection, Bureau of Engineering, Design and Construction Standard Operating Policies and Procedures Manual. Additional reference resources included Denver Water Board Engineering Standards, Eastern Municipal Water District Engineering Standards; City of Rochester, NY Bureau of Water Engineering Design Guidelines, Turlock Irrigation District Engineering Standards, District of Columbia Water and Sewer Project Design Manual, and the Loudoun Water, Loudoun County, Va. Engineering Design Manual. Information from the existing City of Fresno DPU and Traffic Division standards were incorporated or sited as reference material as applicable in these Engineering and Design Guidelines. During development, coordination sessions were held with authors of the PMP Manual, Quality Guidelines, Change Management Guidelines, Construction Management, and Permitting Guidelines to discuss overlap and integration of procedures, approaches, roles, and responsibilities. Placeholders have been included to insert hyperlinks to other guidelines once the final guidelines project file location has been set. Placeholders are also included for links to templates, checklists, standard details, CAD standards instructions, and standard specifications. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 11 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity 02.04 - CM Manual Development 95% complete. Final draft review in progress. Construction Management Guideline development has progressed to draft status, ready for initial workshop review by Water Division staff, and addresses all elements of the construction phase except for Contract Closeout which is still being prepared. The Guideline has been developed through compilation and refinement of several existing Construction and Program Management documents, original writing recognizing the specifics of the Program, the City’s existing procedural guides (e.g., Standard Specifications, WIP Procurement Handbook), and through discussions with the program team. Activities have also included development of work processes and SharePoint work flows for construction document communications. Standard forms, checklists, and inspection guidelines have been assembled as appendices to the Guideline. A standard template has been established for project level CM Plans which are to be prepared by the project CM under the overarching Program Guideline. Work is also progressing on standard periodic reports. With the approach of construction activity, prioritized efforts on electronic forms and work flow systems (meeting minutes, RFI, submittals, transmittals, daily reports, and change management) have been a focused effort with the Document Management and IT teams. Work flow testing is anticipated for early August. Current focus includes fine tuning the CM Guideline (e.g., inserting the Program logo on forms, updating form content and format, finalizing references within the Guideline text) and developing in earnest the draft element of Contract Closeout. Further activities include process definition for payment application (including work flow), non-conformance notices, and defective work/punch list documentation. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 12 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity 02.05 - Project Validation Development 99% complete. Final modifications in progress. To better enable the Water Division to budget projects included in the capital improvement plan (CIP), a Project Validation (Validation) report was prepared. The Validation Report included three main elements: 1) a definition of each project included in the CIP, 2) a phase based schedule for each project, and 3) an updated project cost estimate. To better understand the scope and definition of each project, City staff were interviewed and project related documents such as design contracts, design documents, and construction contracts were collected. From this process, lengths of pipe, depths of well, treatment processes, size of recharge basins, and other project components were compiled to better define all projects. Based on a clear understanding of the scope of the projects and working in conjunction with City staff, a phased based schedule was developed for each project. Activities were defined with durations and critical milestone dates for all applicable phases including 1) Project Definition, 2) Schematic Design, 3) Final Design and Bidding, 4) Construction and Commissioning, and 5) Closeout. Project level cost estimates were also developed including hard (construction) costs, soft (engineering, project management, administration, etc.), and land acquisition costs. Hard construction costs were developed using industry standard unit costs, material quotes from suppliers and vendors, and knowledge of the local contracting climate. Soft costs were applied based on knowledge of how each project would be conducted and the level of effort required. Land acquisition costs were generated based on recent purchases by the City. The combined project schedule and budget were used to developed cash flow curves for each project. These schedules and budgets were also used to develop a cash flow curve for the entire 10 year program. The Project Validation Report summarizes the process used, the results, and provides the Water Division with a programmatic approach of the plan to deliver the CIP projects. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 13 of 23 02.06 - Cost & Sched Controls Development & Implementation 100% complete for cost/schedule control systems development and deployment. 25% complete with report development. Program Controls Plan Development Development of the Program Controls Plan (PCP) commenced after the Program Initiation of Work. The plan included finalizing the preliminary WBS (Work Breakdown Structure), developing preliminary project schedules and control accounts as well as establishing program reporting protocols and techniques. Program Controls and PMIS (Program Management Information System) workshops and meetings were held with the City in November. Discussion points included PMIS implementation overview, sample program and project reports, project controls monthly activity schedule/calendar, program controls and PMIS training, future PMIS enhancements and preliminary financial data processing. The PCP was a key reference for development of sections in the Program Management Plan (PMP). The PMP section on Program Controls Management included development of program controls, roles and responsibilities, program controls structures (including WBS), system and integration, schedule management, cost management, baseline management, earned value management, baseline change control and monthly update cycle. The PMP section on Performance Monitoring and Reporting included reporting hierarchy and structure, PMIS, external reporting, executive-level reports, program-level reports, project level reports, ad-hoc reporting, reporting process integration and reporting cycle. P6 set-up Primavera P6 version 8.3 is hosted on the Critigen EPPM (Enterprise Program Performance Management) Cloud Portal. There are two P6 components; that is P6 EPPM Web R8.3 and P6 Professional Client R8.3. User licenses have been defined in the PMIS Implementation Plan for P6 web and professional. In addition, administration rights for P6 users have been established. All current CIP project schedules are maintained on a dedicated server (‘FRSPMDB’), with testing and development, archive and template schedules maintained on another server (‘FRSPMDB Sandbox’). Initial Project Schedule and Cost Development The preliminary project schedules were developed during October and November 2013, and provided the P6 framework for CIP schedule and cost development. The preliminary cash flow histogram was based on datasheets from a 10 Year CIP Expenditure Summary. Template schedules were then developed in December 2013 based on scope and the Program WBS. Global P6 project codes and control accounts were consistently applied across all templates. These templates were used to develop project schedule along with dates and ETCs (Estimates to Complete) provided by the CIP Validation team. Further adjustments were made to project schedules during February 2014 as further information became available. Actual costs and BRFs (Budget Request Forms) were processed, with cost and schedule reports produced and reviewed in preparation for Load Sheet submittals to Finance, with the final version being completed on March 7th as planned. Project schedules and costs were updated for the first time in May, using April 30th as the Data Date (progress cut-off date). The same update process was City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 14 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity performed for the May 31st Data Date. This has enabled further refinements to schedule and cost data for several projects. It has also provided further efficiencies to processing schedule and cost data as well as streamlined the workflow for monthly updates. Currently, updated project schedules and costs are being collated and processed for the June 30th Data Date. Monthly Update Process Development The monthly update process and program control calendar was initially discussed with the City at workshops and meetings in November 2013. The focus was on demonstrating the cyclic process of updating, analysis and reporting as well as outlining the interfaces between Finance, Program Controls and the Project Manager. Further discussions with the City on the monthly update process took place in April 2014 during Program Delivery Portal Training. This included updating schedule progress, integrating updated actual costs from PeopleSoft, reassessing project ETCs and EACs, investigating any positive or negative variances, producing progress reports and uploading progress data to portal dashboards. The monthly update process and program control calendar have recently undergone a revision to improve data processing efficiency. The individual schedule, steps and cost reports are now issued as monthly update packs per Project Manager. The steps report has been re-designed and the program control calendar modified for improved schedule and cost data handling. Loading of Data to Portal Dashboards Preliminary testing and de-bugging of the process for loading of data to the Portal Dashboards took place in April. Subsequent refinements to the process were made to ensure that essential data preparation had been completed and checked. Following approval of schedule and cost reports for the current update (Data Date: June 30th 2014), data from P6 and the Master Project List will be loaded to the Portal Dashboards. Monthly Update Activity The Monthly Update Activity refers to the process that ultimately delivers data to the Portal Dashboards. The process starts with Financial close-out, where actual costs are captured in PeopleSoft and then transferred to datasheets for loading actuals into P6. During this time, monthly update packs are issued to Program Managers for schedule and steps updates. Progress updates and analysis take place, followed by Project Manager review of ETC reports as well as performance and trend analysis, corrective actions and reporting. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 15 of 23 02.07 - PMIS Deployment & Enhancements Development 100% complete with initial deployment. Program Management Information System (PMIS) The Program Management Information System (PMIS) has been implemented and is in use by the program team. The system includes hardware, software and security supporting various program functions including:  Websites – multiple web sites for distributing and organizing program information by audience, examples include; Public, Construction Management, Permitting and Land Acquisition  Cost and Schedule Management – master program and integrated project schedules for all ongoing and planned projects. The master schedule has been built in the system and is currently feeding detailed dashboards and reports. This functionality enables full visibility into the program and project cost and schedule data and supports ongoing programming, budgeting and project management efforts.  Document Management – organized libraries of program and project- associated content managed for collaboration and record-keeping  Workflow Management – transactional document development and tracking  Performance Dashboards – summary and detailed graphics and tables illustrating project performance metrics and decision support tools Cloud Hosting and Managed Services The PMIS has been deployed on hosted hardware consisting of web, application and database servers. This model includes services for maintenance and management of the hardware environment and a model whereby systems can be expanded as requirements for CPU, memory and storage increase. The initial PMIS deployment consists of a shared infrastructure architecture including active directory and reverse proxy authentication for user validation, firewalling and security. Web services, applications and databases are hosted on virtual machines residing on multi-core servers in the following allocations:  Web Server – 2 cores, 6GB RAM, 60GB HD  Primavera Application Server – 3 cores, 8GB RAM, 50GB HD  Primavera SDK Server – 2 cores, 4GB RAM, 50GB HD  SharePoint Application Server – 4 cores, 16GB RAM, 60GB HD  SharePoint Staging Server – 4 cores, 12GB RAM, 100GB HD  SQL Database Server – 4 cores, 16GB RAM, 300GB HD PMIS Documentation A PMIS overview document has been created to describe the system elements and high-level architecture. This document contains screenshots of the various websites and tools and can be used for general orientation and training. A system architecture diagram has been developed to document the various physical and virtual servers, their resources and the system’s hardware configuration. Documentation of the PMIS system hardware, software, websites, tools and configurations is ongoing. Initial user and administration guides have been developed, are under review, and will continue to be updated as the system evolves with the program needs. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 16 of 23 Configuration workbooks have been established for individual applications, are being updated for review and will be maintained throughout the program duration. Training documentation has been developed for the system and program controls overview training. Initial overview training was provided at system roll- out in May and will be updated as future training requires. PMIS Program Portal The PMIS Program Portal is a SharePoint collaboration platform for information sharing and document management. The Portal serves as the central access point for all project tools including Primavera P6 EPPM for cost, schedule and resource management. The Portal has been implemented with initial content and links to system functions, other websites, applications, tools and the program dashboards. The Portal gives designated users access to these project delivery tools from any laptop and supports data exchange between them. User accounts for key program staff have been activated, distributed and overview training provided. PMIS Dashboards The PMIS Dashboards provide the basis for accessing project information status with respect to schedule, cost and performance objectives. They pull information from multiple sources and display it in an easy to read format of color-coded graphs and tables. The PMIS dashboards have been fully implemented and populated with current program data. They are updated regularly following the cost and schedule review and update process. The four key pages of the Performance Dashboards have been deployed, they include: 1. Program Dashboard 2. Project Dashboard 3. Program Analysis 4. Earned Value Analysis Construction Management Website A Construction Management Website is currently under design and will be rolled-out with the standardized CM forms and workflows. This website will serve as a central information center for directives and processes for construction management activities. The CM website will give designated users access to CM information and tools from any laptop or mobile device. Construction Management Forms and Workflow Development of CM forms tailored to the program and associated workflows has been underway and is progressing well. Requirements definition and detailed design have been completed and reviewed and construction of the tools is now underway. Forms under development include: 1. New Project Setup 2. Daily Reports 3. Submittal 4. Transmittal 5. Meeting Minutes 6. Request for Information (RFI) City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 17 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity These forms will be accessible from the field via laptops and mobile devices to enable consistent, standardized information capture and electronic transmission. Associated workflows will be built to enable tracking of all transmissions, status monitoring, processing for action, and filing within document management systems. Geographic Information System (GIS) The program team is working to implement GIS tools and integrated mapping capabilities for incorporation into the PMIS. ArcGIS server hosting and associated data requirements are being investigated for incorporation into a comprehensive design. A discussion with the City IT team is resulting in approval for a data warehouse of GIS related information and potential GIS systems hosting. Talks are ongoing as data requirements are further refined. Permit Tracking System A Permit Tracking System is currently under development. Following designs from other successful programs; data capture forms and workflows will be created to enable the program team to log and track permit status associated with each project. Design of the Permit Tracking system is underway. Land Acquisition System An application for decision support and tracking of land acquisition activities is planned. The application will leverage the tools for form creation, data capture, workflow and GIS. Requirements for this application are currently being gathered and design is underway. Public Outreach Website The Public Outreach Website is a standard HTML website designed for public information access and updates. The website has been designed and built by a web interface design expert and leverages the program “Recharge Fresno” branding to ensure an outstanding user experience. The public relations and website teams are currently adding content to the site and will have it ready for roll-out when the program team is ready. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 18 of 23 02.08 - Document Mgmt System Implementation 95% complete with system development. Deployment planned for August/September 2014. Document & Record Management Plan Development of the Document & Record Management Plan commenced with the collation and review of reference material. Preliminary discussions were held in December 2013, which supported the development of a draft CIP Document & Record Management Plan. The contents of the Plan included Purpose, Scope, Applicability, Document Management Definition, Principles of Document Management, Objectives, Requirements, Roles and Responsibilities, Systems (SharePoint), SharePoint Procedures, Procedures and Workflow, File Naming Convention, Metadata and Content Type, Version Control, Internal Auditing, Document Management Requirements (Construction Contractors), Document Security/Access Control, Closeout and Archiving and Definitions. Further discussions were held from January through April to modify and include further information into the Plan. The CIP Document & Record Management Plan has been subsequently revised to collate additional feedback and comments from other Program and Document Management personnel. Conference calls were held in May to align the Program Management Plan (PMP) with the latest Document & Record Management Plan. The latest version is under review by the PMT (Program Management Team). Systems Development Initial meetings were held in January and February to assess the proposed systems for Document & Record Management. These discussions included Critigen and Construction Management personnel. This was important in establishing the system assessment, functionality and end user requirements. In March, a detailed evaluation was carried out to review the key functions of PCM (Primavera Contract Manager) that would be needed at program level. The key functions included Meeting Minutes, RFIs, Transmittal Letters, Submittals, Daily Inspection Reports, Punch Lists, Change Management and Pay Applications. Further discussions were held in April; confirming SharePoint as the selected system. The objectives were to discuss Contractors’ access and training, Recording and Tracking Communications, Meeting Minutes, Processing RFIs, Submittals, Work Orders, Inspection Daily Reports, Punch Lists and Change Management; all processed through SharePoint. The outcome included several recommendations, such as; Project Information to be used by CM/DC members, PMO to provide a training schedule for Contractors as CM requests and specific Communication and Contract Information requirements. Currently, forms and workflows are being developed by Critigen for processing Construction documents for approval in SharePoint. Cost and schedule reports are being maintained in SharePoint. The Program Delivery Portal is also linked to SharePoint. Training Materials Development Training Materials Development is directly influenced by ongoing Systems Development. During Systems Development, it was determined that all PMT personnel would have access to SharePoint Training Materials and attend scheduled training sessions for using SharePoint. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 19 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity Pending CM (Construction Manager) requests, the PMO will provide a training schedule for Contractors. Further discussions are planned for Training Materials Development after testing SharePoint functionality. 02.09 - Public Website Development & Deployment 50% complete. Website planned to be deployed in August 2014. Prepared draft website outline and mock-up design for discussion with Program team; worked with GIS team to provide interactive access to project location information via the public website. The website has been designed and built by a web interface design expert and leverages the program “Recharge Fresno” branding to ensure an outstanding user experience. The public relations and website teams are currently adding content to the site and will have it ready for roll-out when the program team is ready. 02.10 - Skills Assessment & Staff Integration Planning Not initiated No significant activity to date. 02.11 - Training & Skills Transfer Planning Not initiated No significant activity to date. 02.12 - Business & Operational Initiatives Planning 100% complete with planning and initiation of implementation. Business and Operational Improvement Initiatives (Initiatives) implementation has continued to progress through the discovery and definition phase. Various meetings have been conducted to develop an understanding of each of the business and operational improvement initiatives, as originally identified by the City. Meetings and a workshop have been conducted to prioritize the initiatives for implementation. Implementation priorities have been defined as enterprise asset management (EAM), implementation of Hansen 8 for work management, integrated IT, and development of the security improvements plan. Over the last several months, the Initiatives team has been conducting meetings and workshops to assess the current situation relative to the implementation priorities, the relationships between the different initiatives and the different stakeholders, and the future vision for each initiative. Workshops have been conducted to gather input to complete development of the EAM roadmap and to present the draft EAM roadmap and schedule. The Initiatives team has initiated the development of the overall Initiatives work plan, which will incorporate and integrate the implementation activities for each individual initiative in order to advance the initiatives simultaneously. 02.13 - Procurement Template Development Not initiated No significant activity to date. 02.14 - Alternative Delivery Planning & Template Development 50% complete. Further consideration of design-build approach pending. Meeting has been conducted to discuss ability, limitations and opportunities related to use of alternative delivery methods for project implementation. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 20 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity 02.15 - Professional Outreach & Awards Planning 25% complete. Further development of outreach plan planned for early FY2015. Conducted initial planning meeting to discuss future activities in professional outreach (technical papers, conference session participation, industry publication, and awards). Program is pending further development and implementation to occur in July and August. 02.16 - Safety Plan Development & Implementation 95% complete with initial planning document (part of PMP). Further consideration of safety approaches and implementation planned for FY2015. As part of the PMP, the Safety Plan has been developed in draft form and is ready for review with City in concert with overall PMP and guidelines review. Areas of Program focus were identified as 1) Aide development of CIP-specific IIPP; 2) Aide development of safety-specific segments of contract specifications; 3) Enhance safety culture through training, communications and values development; and 4) Develop process and tools for accurate recording of Water CIP program/project safety metrics. Further progress will soon be made with respect to determining responsibilities and activities for construction site safety oversight. 02.17 - Cost Estimating Guidelines Development 95% complete. Final draft review in progress. Program Cost Estimating Guideline has been developed in draft form and are ready for review with City in concert with overall PMP and guidelines review. 02.18 - Construction Scheduling Guidelines Development 75% complete. Draft review in progress. Initiated development of Construction Scheduling Guideline. This Guideline focuses on the function and activities of the construction scheduler relative to reviewing, evaluating, and monitoring the contractor’s baseline and updated construction schedules. An adjunct activity of this task includes presentation of three standard specifications for construction progress documentation (Specification Section 01 32 00), one for each of three levels of magnitude of project ranging from small/basic to large/complex. More significant progress in developing this Guideline is anticipated to occur in July and August. 02.19 - Risk Mgmt Planning & Implementation 25% complete. Planning initiated. Final development planned for early FY2015. Initiated development of Risk Management Plan, as part of PMP. The Risk Management Plan will define overall programmatic and project –specific risk management practices that will be employed on the Program. More significant progress in developing this Plan and associated tools is anticipated to occur in July and August. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 21 of 23 02.20 - Public Outreach Planning 100% complete with initial outreach planning. The public outreach component of the Program to date has focused on listening, learning, retooling and engaging and has included the following key elements to date: Data Collection and Research: Conducted four geographically selected focus groups and prepared focus group summary report. Prepared list of community leaders for participation in one-on-one stakeholder interviews and prepared support materials including interview questions. Continued to assemble robust stakeholder list for all stakeholder categories. Program Strategic Communication Plan: Completed comprehensive Strategic Communication Plan and updated for incorporation into Phase II Program Management Plan Program Identity and Recognition (Branding): Developed and received approval for “Recharge Fresno- Securing Our Water Future”. Prepared a Program Message Plan along with topic specific messages and support information; reviewed with Program team. Prepared a design style to be incorporated into all Program materials. Conducted targeted message training specific to the Southeast Surface Water Treatment Facility. Informational Materials: Prepared maps and images for use in Program materials. Prepared four-page Program fact sheet and PowerPoint presentation. Prepared draft Frequently- Asked Questions. Media and Social Media: Prepared social media plan, including recommendations for LinkedIn, Facebook, Twitter and YouTube; prepared preliminary social media calendar and topics for Program team review. Worked with City Administration to develop approach to earned media coverage; monitored media coverage and prepared weekly summaries. Worked with Program Team to identify potential article topics specific to projects or program accomplishments. Construction Relations: Prepared a Program Construction Relations Outreach Plan along with targeted outreach draft plans for the T4 – Downtown Water Storage Tank, Southeast Surface Water Treatment Facility, and Kings River Pipeline projects. Worked with project managers to identify outreach needs associated with ongoing or near-term projects including well development and rehabilitation projects. Prepared draft signage for display at all Program construction sites. Prepared summary of workforce development organizations for potential partnering efforts. Prepared outreach materials, including notifications fliers, fact sheets and FAQs for T4, SESWTF and Kings River Pipeline projects. Established construction relations infrastructure and protocol, including developing approach for program information line and program public information email. Stakeholder Outreach: Supported City of Fresno community meetings regarding infrastructure improvements accomplished to date and planned as part of Program activities. Prepared logistics plan and materials for a consultant/contractor open house to provide information about the long-term program and opportunities to do business with the City of Fresno. Materials include a draft invitation, City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 22 of 23 CH2M HILL Task Number and Description FY2014 Significant Activity presentation, handout materials, posters and talking points. Contacted local consultant and contractor associations and established method in which announcements can be circulated electronically by associations to their members. Developed stakeholder database including individuals and associations for consultant/contractor outreach. Developed a list of “Top 50” Fresno organizations and community groups for speaker’s bureau presentations regarding the Program. Developed a contact letter and postcard sign up for electronic Program information. Worked with City of Fresno staff to solidify and obtain approval for outreach approach, path forward and schedule. Awards and Recognition: Prepared a draft list of trade publication editorial calendars for discussing regarding article opportunities. Worked with staff members to refine and practice conference presentations – including a series on well development and rehabilitation. 02.21 - Internal Communication Planning Not initiated No significant activity to date. 02.22 - Contractor Outreach Planning 100% complete Contractor Outreach Plan has been developed. Development of contractor contact database is complete and database is being populated. Materials for initial contractor outreach event have been prepared and coordination of the event is underway. Event is currently planned for late July, pending clearance to proceed from the City. 02.EX - Expenses - Program Initiation Expenses associated with all Task 02 activities, including travel expenses for staff that have worked on Task 02 activities during the billing cycle. City of Fresno Water Division ‐ Program Management Services Fresno P.O. No.: 0000067350 Program Management Contract Annual Summary Report for FY 2014 August 1, 2014 ‐ PRELIMINARY Page 23 of 23 Task 03 Project Delivery Staff Augmentation (Task 03 activities are generically described to reflect ongoing program efforts that are specific to City of Fresno CIP jobs.) All associated subtasks, as aligned with specific CIP projects Project management and technical support directly and specifically associated with City of Fresno CIP jobs (as indicated on invoice by CIP job number). Aligned with City of Fresno activity codes, work efforts may have included any of the following: Project Management; Scope, Cost and Schedule Management; Project Controls, Cost Estimating and Scheduling; Communication Management; Risk Management; Change Management; Contract Administration and Procurement Support; Planning; Regulatory and Environmental Support; Permitting Support ; Land Acquisition Support; Engineering, Design Oversight and Quality Control; Construction Management, Inspection and Administration; Operations, Commissioning and Start-up Support; Document Management; Design and other Technical Support. Projects with activity during FY2014 include:  Southeast Surface Water Treatment Facility  Regional Transmission Mains  Friant-Kern Pipeline  Kings River Pipeline  Tank T-4  Northeast Surface Water treatment Facility projects o Water Storage Tank o Emergency Power Generation o Communications Tower o Courtyard Improvements  PS52A (including detailed design)  PS250A (including detailed design)  Orange Center (including detailed design)  PS171-2 (including detailed design)  Fulton Mall (including detailed design)  All active well projects (new wells and well rehabs)  All active pipeline replacement projects Water DivisionCapital Project Management Delivery System ReportPlanned FY 2015 Capital Project ActivityProject Number Project Name FY2015 Project Activity Estimated Cost to Complete Estimated Project/Construction CompletionSurface Water Treatment, Raw Water Pipelines and RTMsWC00057-SEWTFSE Fresno SWTFDesign179,913,621$ April-18WC00057-KRPKings River PipelineSchematic Design and Design75,337,264$ July-17WC00038-FKCPFriant-Kern Canal PipelineDesign23,317,308$ October-16WC00065-RTMSDRTM Schematic DesignSchematic Design463,716$ April-15WC00030-J5194Chestnut Ave P1 RTMConstruction7,243$ April-14Pipeline Rehabilitation and Replacement ProjectsWC00005-J5290Millbrook-Bullard to BarstowConstruction108,832$ December-15WC00005-J5343Old Fig-Wishon & MaroaConstruction100,923$ December-14WC00005-J5380Anooshvan ParkConstruction417,148$ December-15WC00005-J5381Van Ness ExtensionDesign and Construction894,256$ September-16WC00005-J5382AlhambraConstruction333,514$ December-15WC00005-J5383Olive GardensDesign and Construction1,031,206$ October-16WC00005-J5384Browning & PalmConstruction2,700,978$ September-15WC00005-J5385Ft WashingtonDesign and Construction2,110,646$ April-16WC00005-J5445Marks & DudleyConstruction775,406$ March-15WC00005-J5466Forkner-BarstowSchematic Design and Design2,416,868$ July-16WC00005-J5467Maroa AvenueDesign and Construction482,191$ September-15WC00005-J5468Maroa HeightsDesign and Construction7,303,922$ September-17WC00005-J5507Sierra Sky ParkProject Definition, Schematic Design and Design4,117,991$ December-16WC00005-J5508Fulton MallSchematic Design and Design495,616$ December-15WC00005-J5510CalwaConstruction92,708$ August-14WC00062-P084PS 84 Nitrate TreatmentProject Definition and Schematic Design2,102,770$ November-16WC00076-DWSUDowntown Water System UpgradesProject Definition5,855,387$ August-18Well Rehabilitation and Replacement ProjectsWC00016-P016BPump Station 16BProject Definition and Schematic Design1,209,932$ August-17WC00016-P030BPump Station 30BConstruction251,308$ March-15WC00016-P031BPump Station 31BProject Definition697,375$ May-17WC00016-P0412Pump Station 41-2Project Definition, Schematic Design and Design959,445$ June-16WC00016-P0422Pump Station 42-2Project Definition, Schematic Design and Design971,848$ May-16WC00016-P043APump Station 43AProject Definition1,046,747$ April-17WC00016-P051APump Station 51AProject Definition, Schematic Design and Design1,209,932$ September-16WC00016-P052APump Station 52ADesign and Construction668,984$ March-15WC00016-P054Pump Station 54Construction 84,087$ July-15WC00016-P056APump Station 56AConstruction 84,087$ June-15WC00016-P058APump Station 58ADesign and Construction569,015$ November-15WC00016-P1412Pump Station 141-2Project Definition, Schematic Design and Design972,075$ May-16WC00016-P156Pump Station 156Design and Construction1,327,408$ November-15WC00016-P210APump Station 210ASchematic Design998,159$ September-16WC00016-P217APump Station 217AProject Definition989,904$ May-17WC00016-P236APump Station 236ADesign and Construction544,274$ April-16 Water DivisionCapital Project Management Delivery System ReportPlanned FY 2015 Capital Project ActivityProject Number Project Name FY2015 Project Activity Estimated Cost to Complete Estimated Project/Construction CompletionWC00016-P2412Pump Station 241-2Project Definition, Schematic Design and Design917,272$ April-16WC00016-P2432Pump Station 243-2Project Definition, Schematic Design and Design905,677$ April-16WC00016-P245APump Station 245AProject Definition, Schematic Design and Design1,209,932$ August-16WC00016-P250APump Station 250ADesign699,566$ June-16WC00016-P269APump Station 269ADesign1,209,931$ June-16WC00016-P290APump Station 290AProject Definition and Schematic Design896,761$ July-16WC00016-P303APump Station 303ADesign and/or Construction by Developer935,188$ January-17WC00016-P330Pump Station 330 MN WHTConstruction25,528$ April-15WC00016-P338Pump Station 338Design and/or Construction by Developer35,025$ June-17WC00016-P345Pump Station 345Construction392,119$ November-15WC00016-P349Pump Station 349Design and/or Construction by Developer34,376$ June-17WC00016-P360Pump Station 360Design and/or Construction by Developer36,325$ June-17WC00016-P361Pump Station 361Design and/or Construction by Developer36,325$ June-17WC00016-P362Pump Station 362Design and/or Construction by Developer36,325$ June-17WC00016-P367Pump Station 367Schematic Design, Design and Construction921,604$ January-16WC00016-P368Pump Station 368Design and/or Construction by Developer36,328$ June-17WC00016-P369Pump Station 369Design and/or Construction by Developer35,028$ June-17WC00017-P016AWell Rehab PS 16ADesign and Construction198,220$ May-16WC00017-P017Well Rehab PS 17Design and Construction198,367$ November-14WC00017-P075Well Rehab PS 75Construction2,709$ September-14WC00017-P076Well Rehab PS 76Construction6,987$ August-14WC00017-P134Well Rehab PS 134Schematic Design and Design198,484$ August-15WC00017-P1652Well Rehab PS 165-2Schematic Design and Design202,401$ September-15WC00017-P203AWell Rehab PS 203AProject Definition, Schematic Design and Design196,356$ September-15WC00017-P206Well Rehab PS 206Project Definition, Schematic Design and Design196,355$ August-15WC00017-P271Well Rehab PS 271Schematic Design and Design193,242$ June-15WC00018-P002BPump Rehab PS 2BProject Definition, Schematic Design and Design118,800$ September-15WC00018-P006BPump Rehab PS 6BProject Definition, Schematic Design and Design118,800$ September-15WC00018-P1641Pump Rehab PS 164-1Project Definition, Schematic Design and Design52,080$ July-15WC00018-P251Pump Rehab PS 251Construction29,709$ November-14WC00018-P304Pump Rehab PS 304Construction34,525$ September-14WC00018-P306Pump Rehab PS 306Construction57,479$ September-14WC00018-P313Pump Rehab PS 313Construction76,198$ December-14WC00020-P117Pump Station 117Project Definition, Schematic Design and Design899,767$ February-16WC00020-P284Pump Station 284Project Definition, Schematic Design and Design441,618$ March-16Other ProjectsWC00004-J5438Veterans BlvdSchematic Design72,886$ September-21WC00004-J5452180 West Frontage RoadConstruction56,154$ December-14WC00004-J5473Willow-ShepherdConstruction668,514$ March-15WC00004-J5491Santa FeDesign and Construction124,418$ December-15WC00004-J5509Orange Center Elementary School ConnectionDesign2,274,902$ October-16 Water DivisionCapital Project Management Delivery System ReportPlanned FY 2015 Capital Project ActivityProject Number Project Name FY2015 Project Activity Estimated Cost to Complete Estimated Project/Construction CompletionWC00005-J5344Howard HeightsConstruction19,285$ August-14WC00020-P1712PS 171-2 GACDesign and Construction1,478,279$ September-15WC00021-CLWL2NE SWTF 5 Million Gallon TankProject Definition, Schematic Design and Design7,854,264$ February-17WC00021-CRTYDNE SWTF Court Yard ImprovementsProject Definition, Schematic Design and Design398,390$ February-17WC00021-GENNE SWTF Emergency GeneratorSchematic Design and Design1,587,813$ April-16WC00021-SCTYNE SWTF Security ImprovementsProject Definition and Schematic Design1,404,080$ June-16WC00021-TWRNE SWTF Communication TowerProject Definition and Schematic Design137,634$ April-16WC00022-TRVSCTraveling ScreenConstruction24,569$ March-15WC00023-NESCDNE SWTP SCADA Software ReplacementConstruction775,730$ March-15WC00050-WR1WR1 - Nielsen PropertyDesign and Construction1,341,438$ October-15WC00051-UWMPUrban Water Management PlanPlanning124,000$ December-15WC00051-WRMPMetropolitan Water Resources PlanPlanning47,868$ December-14WC00053-P026BPS 26B Gen SetDesign and Construction207,082$ April-15WC00053-P358PS 358 Gen SetDesign and Construction201,558$ April-15WC00061-TNK04Water Storage Tank T4Construction497,057$ October-15WC00062-P201PS 201 Nitrate TreatmentDesign and Construction561,702$ December-15WC00064-UGMFSUGM Water Fees Update StudyPlanning147,196$ December-15WC00067-RNWFRenewable Energy FeasibilityPlanning159,000$ December-15WC00072-DWSMDowntown Water Supply MainConstruction131,059$ April-15WC00081-COMRCommercial Meter RetrofitConstruction3,924,429$ April-15Capital Projects Total 358,768,810$ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-176 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 SUBJECT JOINT CLOSED SESSION of the City of Fresno and the Successor Agency to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -Government Code Section 54956.9, Subdivision (d)(1) 1.City of Fresno v. Raps Fresno LLC, et al. (Hotel Fresno); Case No. 05 CE CG 01744 MS 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#14-321 Agenda Date:8/28/2014 Agenda #: CLOSED SESSION ITEM August 28, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Luis Sanchez, et al. v. City of Fresno, et al. United States District Court Case No. 12-CV00428 LJO-SKO 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#14-323 Agenda Date:8/28/2014 Agenda #: CLOSED SESSION ITEM August 28, 2014 SUBJECT CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-330 Agenda Date:8/28/2014 Agenda #: CLOSED SESSION ITEM August 28, 2014 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fresno Irrigation District property along Herndon Canal between McKinley Ave and Millbrook Ave Negotiating Parties: City Manager Bruce Rudd Under Negotiation: Terms and Conditions of Property Acquisition 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#14-304 Agenda Date:8/28/2014 Agenda #: SCHEDULED COMMUNICATION August 28, 2014 TIME:2:00 P.M. SUBJECT Appearance by Ike Gerwal to request Council approve a fee reduction for the use of the Convention Center 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#14-308 Agenda Date:8/28/2014 Agenda #: REPORT TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION August 28 2014 FROM:MARLENE MURPHEY, Executive Director Successor Agency SUBJECT Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1.RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-15B) EXECUTIVE SUMMARY The Recognized Obligation Payment Schedule (ROPS)for the January through June 2015 period is attached.The ROPS must be submitted to the Department of Finance by October 3,2014.It is planned for consideration by the Oversight Board (OB) in September. Successor Agency staff recommends that the Successor Agency Board and FRC approve the attached Joint Resolution approving the ROPS for submittal to the required entities. BACKGROUND State legislation,ABX1 26 and AB 1484,created Successor Agencies,which are tasked with the responsibility of winding down former Redevelopment Agencies.As a requirement of the wind-down process,the Successor Agencies are required to provide a ROPS every six months identifying overall outstanding debt for all enforceable obligations with the Agency,as well as the estimated amount needed for each of those obligations during the six-month period covered by that ROPS.The ROPS is required to be considered and approved by the Successor Agency Board and subsequently by the OB.Once approved,the ROPS and OB Resolution are submitted to the Department of Finance for subsequent review and final approval. Attachment A: Joint Resolution Exhibit 1 to Attachment A: Recognized Obligation Payment Schedule 14-15B (January - June 2015) City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. SUCCESSOR AGENCY RESOLUTION NO.________ FRESNO REVITALIZATION CORPORATION RESOLUTION NO. ______ A JOINT RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JANUARY 1, 2015 TO JUNE 30, 2015 WHEREAS, pursuant to Health and Safety Code Section 34177(l)(1), each Successor Agency is required to periodically prepare a six-month Recognized Obligation Payment Schedule (ROPS) covering the time period from July-December of each year and then again for January- June of each year until such time the enforceable obligations of its former redevelopment agency have been fully retired or serviced; and WHEREAS, the Recognized Obligation Payment Schedule is subject to approval by the Oversight Board; and WHEREAS, Section 34177(l)(2) of the Health and Safety Code requires the Successor Agency to submit to the State Department of Finance, the State Controller, and the County Auditor Controller for review, the seventh Recognized Obligation Payment Schedule (ROPS 7), for the period of January 1, 2015 to June 30, 2015, after approval by the Oversight Board, no later than October 3, 2014; and WHEREAS, under Title 14 of the California Code of Regulations, Section 15378(b)(4), the approval of this Recognized Obligation Payment Schedule is exempt from the requirements of the California Environmental Quality Act (“CEQA”) in that it is not a project, but instead consists of the continuation of an existing governmental funding mechanism for potential future projects 2 of 3 Resolution No. and programs, and does not commit funds to any specific project or program, because it merely lists enforceable obligations previously entered into and approved by the Agency. NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation do hereby resolve as follows: SECTION 1: The foregoing recitals are true and correct. SECTION 2: The Successor Agency Board hereby approves and adopts the Recognized Obligation Payment Schedule for the period of January 1, 2015, to June 30, 2015, attached as Exhibit 1. SECTION 3: The Successor Agency Executive Director, or designee, is hereby authorized to take such actions as are necessary and appropriate to implement this Resolution including, but not limited to, transmitting the Recognized Obligation Payment Schedule to the City of Fresno Oversight Board for approval and meeting the filing requirement with the Department of Finance, State Controller’s Office and Fresno County Auditor-Controller. SECTION 4: This Resolution shall take effect immediately upon its adoption. **************** 3 of 3 Resolution No. STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, Ex-Officio Clerk to the Successor Agency to the Redevelopment Agency of the City of Fresno, certify that the foregoing resolution was adopted by the Successor Agency and the Fresno Revitalization Corporation, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, CMC Ex-Officio Clerk to the Successor Agency to the Redevelopment Agency of the City Of Fresno BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN Ex-Officio Attorney to the Successor Agency to the Redevelopment Agency of the City of Fresno BY: Katherine B. Doerr, Supervising Deputy RTCEIVED ¡l]l't frl]û 27 fin 1i 58 Agenda ltem:3:00 P.M. lD#14-308 Council Date: 81 281 2OL4 crTy TLERH, FRESFRISNO ClTy COU NCI L Ëf,,=arrs\r/zfflE=iEz¿.Ñ-- Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2OL4 Supplemental Packet Date: August 27,20t4 Item(sl 3:00 P.M. lD# 14-308 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1. RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2OL5 (14-158) Supplemental lnformation: Any agenda related public documents received and distributed to a majority of the City Councilafter 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 meetíng 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 devîces, or translators should be made one week prior to the meeting. Please call City Clerk's Office at 621-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-308,Version:1 REPORT TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION August 28 2014 FROM:MARLENE MURPHEY, Executive Director Successor Agency SUBJECT Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1.RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-15B) EXECUTIVE SUMMARY The Recognized Obligation Payment Schedule (ROPS)for the January through June 2015 period is attached.The ROPS must be submitted to the Department of Finance by October 3,2014.It is planned for consideration by the Oversight Board (OB) in September. Successor Agency staff recommends that the Successor Agency Board and FRC approve the attached Joint Resolution approving the ROPS for submittal to the required entities. BACKGROUND State legislation,ABX1 26 and AB 1484,created Successor Agencies,which are tasked with the responsibility of winding down former Redevelopment Agencies.As a requirement of the wind-down process,the Successor Agencies are required to provide a ROPS every six months identifying overall outstanding debt for all enforceable obligations with the Agency,as well as the estimated amount needed for each of those obligations during the six-month period covered by that ROPS.The ROPS is required to be considered and approved by the Successor Agency Board and subsequently by the OB.Once approved,the ROPS and OB Resolution are submitted to the Department of Finance for subsequent review and final approval. Attachment A: Joint Resolution Exhibit 1 to Attachment A: Recognized Obligation Payment Schedule 14-15B (January - June 2015) City of Fresno Printed on 8/25/2014Page 1 of 1 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. SUCCESSOR AGENCY RESOLUTION NO.________ FRESNO REVITALIZATION CORPORATION RESOLUTION NO. ______ A JOINT RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JANUARY 1, 2015 TO JUNE 30, 2015 WHEREAS, pursuant to Health and Safety Code Section 34177(l)(1), each Successor Agency is required to periodically prepare a six-month Recognized Obligation Payment Schedule (ROPS) covering the time period from July-December of each year and then again for January- June of each year until such time the enforceable obligations of its former redevelopment agency have been fully retired or serviced; and WHEREAS, the Recognized Obligation Payment Schedule is subject to approval by the Oversight Board; and WHEREAS, Section 34177(l)(2) of the Health and Safety Code requires the Successor Agency to submit to the State Department of Finance, the State Controller, and the County Auditor Controller for review, the seventh Recognized Obligation Payment Schedule (ROPS 7), for the period of January 1, 2015 to June 30, 2015, after approval by the Oversight Board, no later than October 3, 2014; and WHEREAS, under Title 14 of the California Code of Regulations, Section 15378(b)(4), the approval of this Recognized Obligation Payment Schedule is exempt from the requirements of the California Environmental Quality Act (“CEQA”) in that it is not a project, but instead consists of the continuation of an existing governmental funding mechanism for potential future projects 2 of 3 Resolution No. and programs, and does not commit funds to any specific project or program, because it merely lists enforceable obligations previously entered into and approved by the Agency. NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation do hereby resolve as follows: SECTION 1: The foregoing recitals are true and correct. SECTION 2: The Successor Agency Board hereby approves and adopts the Recognized Obligation Payment Schedule for the period of January 1, 2015, to June 30, 2015, attached as Exhibit 1. SECTION 3: The Successor Agency Executive Director, or designee, is hereby authorized to take such actions as are necessary and appropriate to implement this Resolution including, but not limited to, transmitting the Recognized Obligation Payment Schedule to the City of Fresno Oversight Board for approval and meeting the filing requirement with the Department of Finance, State Controller’s Office and Fresno County Auditor-Controller. SECTION 4: This Resolution shall take effect immediately upon its adoption. **************** 3 of 3 Resolution No. STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, Ex-Officio Clerk to the Successor Agency to the Redevelopment Agency of the City of Fresno, certify that the foregoing resolution was adopted by the Successor Agency and the Fresno Revitalization Corporation, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, CMC Ex-Officio Clerk to the Successor Agency to the Redevelopment Agency of the City Of Fresno BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN Ex-Officio Attorney to the Successor Agency to the Redevelopment Agency of the City of Fresno BY: Katherine B. Doerr, Supervising Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-309 Agenda Date:8/28/2014 Agenda #: REPORT TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION August 28, 2014 FROM:Marlene Murphey, Executive Director Successor Agency SUBJECT Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno EXECUTIVE SUMMARY In accordance with AB 1484, the Successor Agency prepared a Long Range Property Management Plan (LRPMP) that has been approved by the Successor Agency and Oversight Board and is now under review by the Department of Finance (DOF). In the course of approving the LRPMP and preparing for property disposition under AB 1484 the Oversight Board has requested disposition guidelines. Under the Dissolution Act, disposition is to occur expeditiously in a manner aimed at maximizing value. The Disposition Guidelines have been developed to meet these objectives and set forth procedures in a manner to allow for flexibility given the volume and diversity of real property assets. The Guidelines set forth several disposition methods for use on a case by case basis. The disposition approaches include: open market solicitation; request for offers to purchase including proposed development; and, auction. The Board asked that the Guidelines include an auction process. It’s proposed that the auction process would be triggered if a property has not received an offer to purchase or a proposal and/or the Successor Agency determines that it is infeasible to market and dispose of a property via those methods. The Guidelines set forth property preparation steps that require a third party appraisal for all properties with limited exceptions. The right of first refusal by the City of Fresno for certain properties indicated in the LRPMP is also included in the Guidelines. The Department of Finance generally estimates review and approval of LRPMP’s to take about 90 to 120 days and larger Plans are likely to take additional time. Agency staff has begun to order appraisals and expects to have that process completed by the time the LRPMP is approved by DOF. Following LRPMP approval, each sale must be reviewed and approved by DOF. Attachment A: Property Disposition Guidelines City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ PROPERTY DISPOSITION GUIDELINES Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno INTRODUCTION On February 1, 2012, pursuant to AB x1 26 (Dissolution Act), the City of Fresno determined that it would serve as the Successor Agency (SA) to the former Redevelopment Agency of the City of Fresno. As part of the wind-down of former redevelopment activities, the Successor Agency and Oversight Board are required to dispose of certain property assets pursuant to AB 26 and AB 1484. Under Section 34177(e) of the Dissolution Act, the Successor Agency is to dispose of assets and properties "expeditiously and in a manner aimed at maximizing value." Given the large number of properties in the Long Range Property Management Plan (LRPMP), it is important that the sale of properties occurs in an orderly and strategic manner centered on objectives to maximize value and prevent the re-establishment of blight. Based on these objectives, guidelines have been developed to establish general policies and procedures in a manner to allow for flexibility in strategic, orderly property disposition. Of the four permissible use categories outlined in AB 1484 (i.e. government use, enforceable obligation, future development and for sale) the guidelines address For Sale properties as identified in the in the LRPMP. Several disposition methods are set forth for consideration and use on a case-by-case basis. DISPOSITION GUIDELINES FOR SALE PROPERTIES I. PROPERTY PREPARATION Preliminary Title Reports: Preliminary title reports will be obtained to identify issues that may affect the condition or marketability of title, such as easements, covenants, conditions and restrictions, and outstanding liens. Appraisals: Third-party appraisals will be obtained for properties except where size is less than .10 and value estimated to be less than $10,000. Multiple parcels may be valued together within a single appraisal to increase value, improve marketability and streamline resale. A professional broker’s opinion may be obtained on parcels less than .10 of an acre and $10,000 in value. Parcel Consolidation: In some instances, the Agency owns an area of contiguous land comprised of multiple parcels that gain development feasibility and economic value by being marketed together. In some cases, the individual Agency owned parcels are smaller than the minimum lot size required for development and would benefit by consolidation with adjacent Agency owned parcels. On a case-by-case basis, staff will evaluate the inventory and where appropriate package parcels (the Property) for solicitation to improve marketability, increase value and streamline the resale of the properties. Environmental Reports: Preliminary environmental reports will be obtained to identify environmental conditions that may affect the reuse or marketability of the property. 2 II. REMNANT PROPERTIES In some instances there are isolated remnant parcels that have little or no marketable value due to their size, location, condition and/or configuration that are costly to maintain and are not acceptable to a government entity. These parcels will be offered to the adjacent owners on terms that seek to maximize the consideration for transfer while incentivizing the adjacent owners to receive such conveyance to avoid costs of maintenance, liability etc. III. RIGHT OF FIRST REFUSAL The City shall have a right of first refusal in connection with the purchase of certain property indicated in the LRPMP. Such right of first refusal may be exercised by means of the City: (i) notifying the Oversight Board of the City's intention to acquire the property for monetary consideration in an amount not less than appraised value and equal to or greater than offers received through solicitation process; and (ii) obtaining approval of such purchase by the Oversight Board. It is understood that such purchases may be subject to compensation agreements with other taxing entities as required under Health and Safety Code Section 34180. IV. DISPOSITION METHODS A. OPEN MARKET SOLICITATION (Request for Offer to Purchase) DESCRIPTION: Successor Agency will prepare written solicitation for sale of property which may include a single parcel or group of parcels (the Property).Such written solicitation may include but shall not be limited to: APN(s); Location; Zoning; Size; and Listing price. TERMS: The listing price for the Property shall be not less than fair market value established by an appraisal. Purchase price shall be all cash at closing, no seller financing REQUIREMENTS Submittal requirements may include but not be limited to: written offers; all buyers listed and identified; and, type/sources of financing. MARKETING: Successor staff will market the property in one or more of the following ways: Prepare written solicitation in a format to accommodate posting on electronic listing sites and as hard copy flyer; Place the Properties on multiple listing services including Loopnet, CoStar and the Successor Agency website; Place the properties in a newspaper(s) of general circulation including a local paper; Provide E-mail notifications to brokers, interested parties and solicitation lists. Utilize property posting, flyers and targeted marketing as appropriate etc. 3 SELECTION: Highest purchase price shall guide selection. Where there are two or more offers Agency may request a highest and best offer. Offers presented for approval will generally be in the form of a written purchase and sale agreement (or similar instrument).Nothing in the Disposition Guidelines shall obligate the Successor Agency or Oversight Board to select an offer. The Agency and Oversight Board may, in the exercise of their discretion, accept, conditionally accept or reject any or all offers submitted. B. REQUEST FOR OFFER TO PURCHASE INCLUDING PROPOSED DEVELOPMENT This method is the same as above except that respondents must submit within a specified time period and describe the intended development and/or rehabilitation and end use of the property with an estimated value and timeframe. The selection will be based on the greatest value and benefit including purchase price. If two respondents offer a price that is equal to or greater than appraised value the selection will consider the additional value created from the development/rehabilitation/use etc. DESCRIPTION: Successor Agency will prepare written solicitation for sale of property which may include a single parcel or group of parcels (the Property).Such written solicitation may include but shall not be limited to: APN(s); Location; Zoning; Size; and Listing price. TERMS: The listing price for the Property shall be not less than fair market value established by an appraisal. Purchase price shall be all cash at closing, no seller financing REQUIREMENTS Submittal requirements may include but not be limited to: written offers; all buyers listed and identified; description of proposed development, rehabilitation or reuse; estimated added value and economic benefit to property and area; funding source; timetable and, type/sources of financing. MARKETING: Successor staff will market the property in one or more of the following ways: Prepare written solicitation in a format to accommodate posting on electronic listing sites and as hard copy flyer; Place the Properties on multiple listing services including Loopnet, CoStar and the Successor Agency website; Provide E-mail notifications to brokers, interested parties and solicitation lists; Place the properties in a newspaper(s) of general circulation including a local paper; Utilize property posting, flyers and targeted marketing as appropriate etc. SELECTION: Highest value including purchase price shall guide selection. Where there are two or more responses the Agency may request a highest and best offer. All costs associated with submitting an offer/proposal shall be borne solely by the party submitting such document(s). Offers presented for approval will generally be in the form of a written purchase 4 and sale agreement (or similar instrument).Nothing in the Disposition Guidelines shall obligate the Successor Agency or Oversight Board to select an offer or proposal. The Agency and Oversight Board may, in the exercise of their discretion, accept, conditionally accept or reject any or all offers submitted. *Adjacent Development: Where the for sale property is adjacent to a parcel(s) held by a developer or owner of an existing or planned development project, the owner or developer may submit facts to demonstrate added value through purchase of the for sale property in conjunction with their property. C. AUCTION If property has not received an offer or proposal and/or the Successor Agency determines that it is infeasible to market and dispose of property via the aforementioned disposition methods, the Agency may auction such property pursuant to guidelines within this section. DESCRIPTION: Successor Agency will prepare written solicitation for sale of property which may include a single parcel or group of parcels (the Property). Such written solicitation may include but shall not be limited to: APN(s); Location; Zoning; Size; and Reserve price. TERMS: The reserve (minimum bid) price for the Property shall be not less than fair market value established by an appraisal. Purchase price shall be all cash at closing, no seller financing. MARKETING: NOTE: In addition to the following, marketing will have been done under one of the prior disposition methods. The properties shall be posted in a local newspaper(s) of general circulation no less than once a week for six successive weeks prior to auction that includes notice of bid submission time and place and time and place of auction. In addition the property may be marketed in one or more of the following ways: Prepare written solicitation in a format to accommodate posting on electronic listing sites and as hard copy flyer; Place the Properties on multiple listing services including Loopnet, CoStar and the Successor Agency website; Provide E-mail notifications to brokers, interested parties and solicitation lists; Utilize property posting, flyers and targeted marketing as appropriate etc. GENERAL PROCEDURES Written bids will be submitted to the City Clerk’s Office no later than 5 pm one business day 5 prior to the auction in a sealed envelope labeled with the Assessor Parcel Number(s) number with a certified or cashier’s check in the sum of 5% of the reserve price payable to the Successor Agency. Upon opening the bids, the City Clerk will call for oral bids. All oral bidders who have not made a deposit must present a certified or cashier’s check in the sum of 5% of the reserve price prior to making a bid. The starting oral bid must be at least 5% over the highest written bid accepted. All unsuccessful bidders will have checks returned by the City Clerk at completion of bidding. The deposit by the successful bidder is nonrefundable. The successful bidder will pay the entire remaining balance of the purchase amount within 15 days after acceptance of the highest bid. In the event the successful bidder cannot meet the requirements and deadlines of the sale, the bidder forfeits the deposit. All costs associated with submitting a bid shall be borne solely by the party submitting such bid. Nothing in the Disposition Guidelines shall obligate the Successor Agency or Oversight Board to select a bid. The Agency and Oversight Board may, in the exercise of their discretion, accept, conditionally accept or reject any or all bids submitted. ftrCf IVED ¿t]i1 nij0 Z7 Rn 11 SB Agenda ltem:3:00 P.M. lD#14-309 Council Date: 81 28l2OL4 c¡ïy OLER{, FRESNo TA FRESNO ClTy COUNCI L Ë5=orrSrzzfftE-=iEz¿¿ñ-- Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2Ot4 Supplemental Packet Date: August 27,20t4 Item(s) 3:00 P.M. lD# 14-309 Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(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 avaílable. 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-765O. Please keep the doonruays, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Security. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-309,Version:1 REPORT TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION August 28, 2014 FROM:Marlene Murphey, Executive Director Successor Agency SUBJECT Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno EXECUTIVE SUMMARY In accordance with AB 1484, the Successor Agency prepared a Long Range Property Management Plan (LRPMP) that has been approved by the Successor Agency and Oversight Board and is now under review by the Department of Finance (DOF). In the course of approving the LRPMP and preparing for property disposition under AB 1484 the Oversight Board has requested disposition guidelines. Under the Dissolution Act, disposition is to occur expeditiously in a manner aimed at maximizing value. The Disposition Guidelines have been developed to meet these objectives and set forth procedures in a manner to allow for flexibility given the volume and diversity of real property assets. The Guidelines set forth several disposition methods for use on a case by case basis. The disposition approaches include: open market solicitation; request for offers to purchase including proposed development; and, auction. The Board asked that the Guidelines include an auction process. It’s proposed that the auction process would be triggered if a property has not received an offer to purchase or a proposal and/or the Successor Agency determines that it is infeasible to market and dispose of a property via those methods. The Guidelines set forth property preparation steps that require a third party appraisal for all properties with limited exceptions. The right of first refusal by the City of Fresno for certain properties indicated in the LRPMP is also included in the Guidelines. The Department of Finance generally estimates review and approval of LRPMP’s to take about 90 to 120 days and larger Plans are likely to take additional time. Agency staff has begun to order appraisals and expects to have that process completed by the time the LRPMP is approved by DOF. Following LRPMP approval, each sale must be reviewed and approved by DOF. Attachment A: Property Disposition Guidelines City of Fresno Printed on 8/27/2014Page 1 of 1 powered by Legistar™ PROPERTY DISPOSITION GUIDELINES Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno INTRODUCTION On February 1, 2012, pursuant to AB x1 26 (Dissolution Act), the City of Fresno determined that it would serve as the Successor Agency (SA) to the former Redevelopment Agency of the City of Fresno. As part of the wind-down of former redevelopment activities, the Successor Agency and Oversight Board are required to dispose of certain property assets pursuant to AB 26 and AB 1484. Under Section 34177(e) of the Dissolution Act, the Successor Agency is to dispose of assets and properties "expeditiously and in a manner aimed at maximizing value." Given the large number of properties in the Long Range Property Management Plan (LRPMP), it is important that the sale of properties occurs in an orderly and strategic manner centered on objectives to maximize value and prevent the re-establishment of blight. Based on these objectives, guidelines have been developed to establish general policies and procedures in a manner to allow for flexibility in strategic, orderly property disposition. Of the four permissible use categories outlined in AB 1484 (i.e. government use, enforceable obligation, future development and for sale) the guidelines address For Sale properties as identified in the in the LRPMP. Several disposition methods are set forth for consideration and use on a case-by-case basis. DISPOSITION GUIDELINES FOR SALE PROPERTIES I. PROPERTY PREPARATION Preliminary Title Reports: Preliminary title reports will be obtained to identify issues that may affect the condition or marketability of title, such as easements, covenants, conditions and restrictions, and outstanding liens. Appraisals: Third-party appraisals will be obtained for properties except where size is less than .10 and value estimated to be less than $10,000. Multiple parcels may be valued together within a single appraisal to increase value, improve marketability and streamline resale. A professional broker’s opinion may be obtained on parcels less than .10 of an acre and $10,000 in value. Parcel Consolidation: In some instances, the Agency owns an area of contiguous land comprised of multiple parcels that gain development feasibility and economic value by being marketed together. In some cases, the individual Agency owned parcels are smaller than the minimum lot size required for development and would benefit by consolidation with adjacent Agency owned parcels. On a case-by-case basis, staff will evaluate the inventory and where appropriate package parcels (the Property) for solicitation to improve marketability, increase value and streamline the resale of the properties. Environmental Reports: Preliminary environmental reports will be obtained to identify environmental conditions that may affect the reuse or marketability of the property. 2 II. REMNANT PROPERTIES In some instances there are isolated remnant parcels that have little or no marketable value due to their size, location, condition and/or configuration that are costly to maintain and are not acceptable to a government entity. These parcels will be offered to the adjacent owners on terms that seek to maximize the consideration for transfer while incentivizing the adjacent owners to receive such conveyance to avoid costs of maintenance, liability etc. III. RIGHT OF FIRST REFUSAL The City shall have a right of first refusal in connection with the purchase of certain property indicated in the LRPMP. Such right of first refusal may be exercised by means of the City: (i) notifying the Oversight Board of the City's intention to acquire the property for monetary consideration in an amount not less than appraised value and equal to or greater than offers received through solicitation process; and (ii) obtaining approval of such purchase by the Oversight Board. It is understood that such purchases may be subject to compensation agreements with other taxing entities as required under Health and Safety Code Section 34180. IV. DISPOSITION METHODS A. OPEN MARKET SOLICITATION (Request for Offer to Purchase) DESCRIPTION: Successor Agency will prepare written solicitation for sale of property which may include a single parcel or group of parcels (the Property).Such written solicitation may include but shall not be limited to: APN(s); Location; Zoning; Size; and Listing price. TERMS: The listing price for the Property shall be not less than fair market value established by an appraisal. Purchase price shall be all cash at closing, no seller financing REQUIREMENTS Submittal requirements may include but not be limited to: written offers; all buyers listed and identified; and, type/sources of financing. MARKETING: Successor staff will market the property in one or more of the following ways: Prepare written solicitation in a format to accommodate posting on electronic listing sites and as hard copy flyer; Place the Properties on multiple listing services including Loopnet, CoStar and the Successor Agency website; Place the properties in a newspaper(s) of general circulation including a local paper; Provide E-mail notifications to brokers, interested parties and solicitation lists. Utilize property posting, flyers and targeted marketing as appropriate etc. 3 SELECTION: Highest purchase price shall guide selection. Where there are two or more offers Agency may request a highest and best offer. Offers presented for approval will generally be in the form of a written purchase and sale agreement (or similar instrument).Nothing in the Disposition Guidelines shall obligate the Successor Agency or Oversight Board to select an offer. The Agency and Oversight Board may, in the exercise of their discretion, accept, conditionally accept or reject any or all offers submitted. B. REQUEST FOR OFFER TO PURCHASE INCLUDING PROPOSED DEVELOPMENT This method is the same as above except that respondents must submit within a specified time period and describe the intended development and/or rehabilitation and end use of the property with an estimated value and timeframe. The selection will be based on the greatest value and benefit including purchase price. If two respondents offer a price that is equal to or greater than appraised value the selection will consider the additional value created from the development/rehabilitation/use etc. DESCRIPTION: Successor Agency will prepare written solicitation for sale of property which may include a single parcel or group of parcels (the Property).Such written solicitation may include but shall not be limited to: APN(s); Location; Zoning; Size; and Listing price. TERMS: The listing price for the Property shall be not less than fair market value established by an appraisal. Purchase price shall be all cash at closing, no seller financing REQUIREMENTS Submittal requirements may include but not be limited to: written offers; all buyers listed and identified; description of proposed development, rehabilitation or reuse; estimated added value and economic benefit to property and area; funding source; timetable and, type/sources of financing. MARKETING: Successor staff will market the property in one or more of the following ways: Prepare written solicitation in a format to accommodate posting on electronic listing sites and as hard copy flyer; Place the Properties on multiple listing services including Loopnet, CoStar and the Successor Agency website; Provide E-mail notifications to brokers, interested parties and solicitation lists; Place the properties in a newspaper(s) of general circulation including a local paper; Utilize property posting, flyers and targeted marketing as appropriate etc. SELECTION: Highest value including purchase price shall guide selection. Where there are two or more responses the Agency may request a highest and best offer. All costs associated with submitting an offer/proposal shall be borne solely by the party submitting such document(s). Offers presented for approval will generally be in the form of a written purchase 4 and sale agreement (or similar instrument).Nothing in the Disposition Guidelines shall obligate the Successor Agency or Oversight Board to select an offer or proposal. The Agency and Oversight Board may, in the exercise of their discretion, accept, conditionally accept or reject any or all offers submitted. *Adjacent Development: Where the for sale property is adjacent to a parcel(s) held by a developer or owner of an existing or planned development project, the owner or developer may submit facts to demonstrate added value through purchase of the for sale property in conjunction with their property. C. AUCTION If property has not received an offer or proposal and/or the Successor Agency determines that it is infeasible to market and dispose of property via the aforementioned disposition methods, the Agency may auction such property pursuant to guidelines within this section. DESCRIPTION: Successor Agency will prepare written solicitation for sale of property which may include a single parcel or group of parcels (the Property). Such written solicitation may include but shall not be limited to: APN(s); Location; Zoning; Size; and Reserve price. TERMS: The reserve (minimum bid) price for the Property shall be not less than fair market value established by an appraisal. Purchase price shall be all cash at closing, no seller financing. MARKETING: NOTE: In addition to the following, marketing will have been done under one of the prior disposition methods. The properties shall be posted in a local newspaper(s) of general circulation no less than once a week for six successive weeks prior to auction that includes notice of bid submission time and place and time and place of auction. In addition the property may be marketed in one or more of the following ways: Prepare written solicitation in a format to accommodate posting on electronic listing sites and as hard copy flyer; Place the Properties on multiple listing services including Loopnet, CoStar and the Successor Agency website; Provide E-mail notifications to brokers, interested parties and solicitation lists; Utilize property posting, flyers and targeted marketing as appropriate etc. GENERAL PROCEDURES Written bids will be submitted to the City Clerk’s Office no later than 5 pm one business day 5 prior to the auction in a sealed envelope labeled with the Assessor Parcel Number(s) number with a certified or cashier’s check in the sum of 5% of the reserve price payable to the Successor Agency. Upon opening the bids, the City Clerk will call for oral bids. All oral bidders who have not made a deposit must present a certified or cashier’s check in the sum of 5% of the reserve price prior to making a bid. The starting oral bid must be at least 5% over the highest written bid accepted. All unsuccessful bidders will have checks returned by the City Clerk at completion of bidding. The deposit by the successful bidder is nonrefundable. The successful bidder will pay the entire remaining balance of the purchase amount within 15 days after acceptance of the highest bid. In the event the successful bidder cannot meet the requirements and deadlines of the sale, the bidder forfeits the deposit. All costs associated with submitting a bid shall be borne solely by the party submitting such bid. Nothing in the Disposition Guidelines shall obligate the Successor Agency or Oversight Board to select a bid. The Agency and Oversight Board may, in the exercise of their discretion, accept, conditionally accept or reject any or all bids submitted. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-320 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:GEORGEANNE WHITE, Chief of Staff Mayor’s Office SUBJECT Resolution of the Council of the City of Fresno requesting action by Congress on Pending Water Legislation Attachment:Resolution - Action by Congress on Pending Water Legislation 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#14-297 Agenda Date:8/28/2014 Agenda #: REPORT TO THE CITY COUNCIL August 28, 2014 FROM:MIKE SANCHEZ, Assistant Director Development Services Division THROUGH:BONIQUE EMERSON, Supervising Planner Development Services Division BY:NATHAN BOUVET, Planner III Development Services Division SUBJECT HEARING to consider Site Plan Review Application No. S-13-047 and related environmental assessment for the property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) a.Consider and adopt the environmental finding of a Mitigated Negative Declaration prepared for Environmental Assessment No. S-13-047 for the purpose of the proposed project b.RESOLUTION - Granting appeal and approving Site Plan Review Application No. S-13-047 requesting authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse (Brenntag Pacific, Inc.), a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet) and twelve external storage tanks with their appropriate containment slabs RECOMMENDATION Staff recommends the City Council take the following action: a.ADOPT the environmental finding of a Mitigated Negative Declaration (MND)prepared for Environmental Assessment No. S-13-047 for the purpose of the proposed project. b.ADOPT RESOLUTION Granting appeal and approving Site Plan Review Application No.S-13 -047 requesting authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse (Brenntag Pacific,Inc.),a portion of which will be used as a 3,000 square City of Fresno Printed on 12/16/2022Page 1 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: chemical warehouse (Brenntag Pacific,Inc.),a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy,in addition to,two detached storage canopies (2,000 and 2,500 square feet)and 12 external storage tanks with their appropriate containment slabs. EXECUTIVE SUMMARY The proposed project,filed by Sean Odom of GMA Consulting Engineers and Architects,on behalf of McCall Pacific,LLC,and Brenntag Pacific,Inc.,pertains to approximately 11.22 acres of property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues in the Roeding Industrial Park.The applicant requests authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse known as Brenntag,a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy,in addition to,two detached storage canopies (2,000 and 2,500 square feet).The applicant also proposes to install 12 external storage tanks with their appropriate containment slabs.Brenntag has outgrown its current facility located in the unincorporated community of Malaga.The subject site is zoned M-3 ( Heavy Industrial)and designated for heavy industrial planned land uses by the 2025 Fresno General Plan and Edison Community Plan. PROJECT INFORMATION PROJECT -See Executive Summary APPLICANT -Sean Odom, GMA Consulting Engineers and Architects, on behalf of McCall Pacific, LLC, and Brenntag Pacific, Inc. LOCATION -175 North Hughes Avenue S/A;located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues (APN 458-020-70) Council District 3, Councilmember Baines SITE SIZE -Approximately 11.22 acres LAND USE -Heavy Industrial ZONING -M-3 (Heavy Industrial District PLAN DESIGNATION AND CONSISTENCY -The proposed warehouse facility is consistent with the M-3 (Heavy Industrial)zone district and the Heavy Industrial planned land use designated for the subject site. ENVIRONMENTAL FINDING -A Finding of an MND was filed with the Fresno County Clerk’s office on May 27, 2014. PLAN COMMITTEE RECOMMENDATION -The proposed project was reviewed and discussed by the District 3 Plan Implementation Committee and voted on at their meeting of December 2,2013,recommending denial by a 4-0 vote.A subsequent meeting was held on City of Fresno Printed on 12/16/2022Page 2 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: at their meeting of December 2,2013,recommending denial by a 4-0 vote.A subsequent meeting was held on March 3, 2014, where the Committee recommended approval by a 4-0 vote. PLANNING COMMISSION -On March 5,2014,the Planning Commission took no vote and continued the item requesting that staff provide further analysis and mitigation measures associated with air quality and hazards and hazardous wastes.On June 18,2014,the Planning Commission considered the project and revised environmental documents,which ended in a tie vote. This action resulted in a technical denial. STAFF RECOMMENDATION -Staff recommends that the City Council:(1)Adopt the environmental finding of an MND for Environmental Assessment No. S-13-047; and (2) Grant appeal and approve Site Plan Review Application No. S-13-047. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Industrial Heavy/Open Space - Cemetery AL-20 Agricultural Limited (County)Railroad Tracks/Industrial Uses (County) South Industrial Heavy M-3 Heavy Industrial District Industrial East Open Space - Cemetery AE-20 Exclusive Twenty Acre Agricultural District Cemetery West Heavy Industrial M-3 Heavy Industrial District Industrial ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the CEQA Guidelines.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 Edison Community Plan area,including the MEIR No.10130 for the 2025 Fresno General Plan (SCH#2001071097)and 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 site plan review application 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-09-02 as provided by CEQA City of Fresno Printed on 12/16/2022Page 3 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: 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 PRC 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 an MND 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 an MND for this project.A public notice of the attached MND for Environmental Assessment Application No. S-13-047 was published on May 27, 2014. BACKGROUND / ANALYSIS Project Description Sean Odom of GMA Consulting Engineers and Architects, on behalf of McCall Pacific LLC, and Brenntag Pacific Inc., filed Site Plan Review Application No. S-13-047 pertaining to approximately 11.22 acres of property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues. Site Plan Review Application No. S-13-047 requests authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse (Brenntag Pacific Inc.), a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet). The applicant also proposes to install 12 external storage tanks with their appropriate containment slabs. The subject site is zoned M-3 ( Heavy Industrial)and designated for heavy industrial planned land uses by the 2025 Fresno General Plan and Edison Community Plan. The proposed use, a chemical warehouse, is classified as warehousing and pursuant to Section 12- 228.1 of the Fresno Municipal Code, this use is permitted by right in the M-3 zone district, as well as, the M-1 and M-2 zone districts. In addition, pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the FMC the M-3 (Heavy Industrial) zone district is consistent with the Heavy Industrial planned land use designation for the subject property. Project History The proposed project was originally submitted as a by-right use not requiring Planning Commission review and approval.On December 2,2013,the Council District 3 Plan Implementation Committee made a formal recommendation to deny Site Plan Review Application No.S-13-047 by a 4-0 vote. More specifically,issues such as air quality,objectionable odors and wind,traffic congestion, hazardous materials,on-site containment,industrial uses,and employment were brought up and discussed as concerns.As a result,the project was forwarded to the Planning Commission for further review.Section 12-406(C)states,“The Director,on his or her discretion and for good cause, may refer the special permit to the Planning Commission for approval at a public hearing.” In an effort to address issues and concerns and to better prepare for the Planning Commission City of Fresno Printed on 12/16/2022Page 4 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: In an effort to address issues and concerns and to better prepare for the Planning Commission meeting,the project applicant and representatives from Brenntag invited City staff and members of District 3 to the existing Brenntag facility,located at 3595 E.Wawona Ave.in Malaga,on February 26,2014.This included a detailed project description,question and answer session,and site tour.A variety of topics were discussed during the visit,including,Brenntag’s corporate history,site security, chemical storage,hours of operation,projected growth,job creation,site alternatives,traffic, emergency response and associated plans,proximity to airport zones and flight paths (i.e.,Airport Protection Zones),containment (i.e.,within the building,rail car unloading,tanks and tanker load out area, and the yard), local, state, and federal audits, and prior uses (i.e., cotton bailing facility). On March 3,2014,the Council District 3 Plan Implementation Committee,at the applicant’s request, discussed the project for a second time.This meeting included detailed discussion about Brenntag’s discharge methods,location of flammables,proposed turning radius,employment impact and diversity,issues pertaining to trespassing,fires,theft,and internal and external records of spills and violations.The applicant responded to all areas of concern;whereas,the Council District 3 Plan Implementation Committee reversed their original recommendation and recommended to approve the project by a vote of 4-0. A community meeting was held at Sunset Elementary School on March 4,2014,to discuss the project and highlight Brenntag’s site tour and recent District 3 Committee recommendation to approve the project.The applicant and representatives from Brenntag provided a project description and discussed the “Cornerstone”of their company:“Safety First,Leadership &Accountability, Employee Involvement &Leadership,and Commitment to Excellence,Continuous Improvement and World Class Value Creation,”all of which serve as the foundation of Brenntag.The company was founded as an egg wholesale operation in 1874 and started distributing chemical products in 1912. Several members of the audience attended the site tour of February 26th and provided their insights at the community meeting.This included the process itself,storage of materials,goals associated with relocation (i.e.,storing products indoors),and how well organized and safety oriented Brenntag appeared to be.Overall those who visited the site were impressed with the facility,and from a general perspective,felt that the warehouse could be a positive addition;however,concerns were evident and consist with those mentioned throughout the staff report.Other members of the audience had questions related to chemical types,community impacts,job creation,proximity to schools and residences,safety related issues,land use designations,and audits of the facility.The applicant chose the proposed site for a variety of reasons but mainly because it was adjacent to rail access and its central location to the areas the company serves. On March 5,2014,the Planning Commission considered the project (S-13-047)and brought up a variety of issues,including those concerns brought up during public and community meeting:Fire risks,public notification,site security and safety,training,airport safety,proximity to fire stations, chemicals housed,air quality involving airborne chemicals,spills and containment,hours of operation,water quality and runoff,objectionable odors,traffic and circulation,transportation, regulations,inspection,required permits,proximity to sensitive receptors (technical term used for CEQA analysis), and alternative locations. During the Planning Commission meeting Commissioners indicated that the MND did not adequately address environmental issues related to the project (i.e.,air quality and hazards and hazardous materials)and or issues and concerns brought up during the Planning Commission meeting.The item was continued where it was further requested that staff revisit with the applicant and provideCity of Fresno Printed on 12/16/2022Page 5 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: item was continued where it was further requested that staff revisit with the applicant and provide further analysis and mitigation measures specific to air quality and hazards and hazardous wastes. On June 9,2014,Development &Resource Management staff held two informational meetings to review and discuss the revised MND requested by the Planning Commission and community concerns related to industrial land uses prevalent in Southwest Fresno.Staff discussed updates made to the document (i.e.,air quality and hazards and hazardous materials)and addressed additional concerns brought up at the meeting.These include alternative locations,the M-3 (Heavy Industrial)zoning designation,industrial development in Southwest Fresno,proximity to schools, objectionable odors,traffic,and thresholds of significance,toxic air contaminants,buffer zones,and community involvement with the general plan update. Overall there was good discussion regarding air quality and hazards and hazardous materials,as well as,an update regarding proposed Mitigation Measures (MEIR and Project Specific Mitigation Measures).The main topic of discussion related to cumulative air quality impacts associated with the project.Staff has concluded that the “project is a subsequent project identified in the MEIR and Air Quality MND but that it is not fully within the scope of the MEIR and Air Quality MND because the proposed project could have a significant effect on the environment that was not examined in the MEIR or Air Quality MND.However,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Monitoring Checklist will be imposed upon the proposed project. According to Section 15130(a)of the CEQA Guidelines,“An EIR shall discuss cumulative impacts of a project when the project’s incremental effect is cumulatively considerable,as defined in Section 15065(c).Where a lead agency is examining a project with an incremental effect that is not ‘cumulatively considerable,’a lead agency need not consider that effect significant,but shall briefly describe its basis for concluding that the incremental effect is not cumulatively considerable.”In addition,“The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence,but the discussion need not provide as great detail as provided for the effects attributable to the project alone” (Section 15130(b) of the CEQA Guidelines). Staff has determined that the cumulative effects of the allowed uses in the project area were discussed in the MEIR (Chapter VI -Cumulative Impacts).As such,no new significant cumulative effects will result from this project. On June 18,2014,the Planning Commission considered Site Plan Review Application No.S-13-047 continued from the March 5,2014,meeting.Consistent with the March 5,2014,Planning Commission meeting,Commission members and members of the public discussed a variety of issues and concerns.More specifically,the Planning Commission and public highlighted issues related to:Cumulative impacts,outdated community plan (i.e.,Edison Community Plan), opportunities and possible alternative uses,lacking public resources,property depreciation,district representation,proximity to schools and similar uses,overall health issues,potential for accidents, chemicals housed,impacts to infrastructure,and reporting requirements.In addition,there was much discussion about the CalEnvironScreen score for the area and at least one planning commissioner based their vote on the negative CalEnvironScreen Score for the area.After further consideration,the Planning Commission voted two (2)in favor of and two (2)against the project being approved.This resulted in a technical denial of the project and the related environmental City of Fresno Printed on 12/16/2022Page 6 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: assessment. On July 2,2014,the Director of Development and Resource Management received an appeal from Mayor Ashley Swearengin of the Planning Commission’s action of June 18,2014,regarding Site Plan Review Application No.S-13-047 and the related MND prepared for Environmental Assessment No. S-13-047. Staff Response: Air Quality As previously indicated,several Planning Commissions based their denial of the project on what they perceived as an inadequate CEQA document.They contended that since staff did not consider the CalEnvironScreen evidence presented by the opposition in the environmental analysis,that the CEQA document was inadequate because it did not adequately address cumulative impacts. However,the CalEnvironScreen guidance document dated April 2013 makes it very clear that the results provided by this tool are not directly applicable to the cumulative impacts analysis required under the California Environmental Quality Act (CEQA).Specifically,the following except is taken directly from this guidance document: Additionally,the CalEnviroScreen scoring results are not directly applicable to the cumulative impacts analysis required under the California Environmental Quality Act (CEQA).The statutory definition of "cumulative impacts"contained in CEQA is substantially different than the working definition of "cumulative impacts"used to guide the development of this tool.Therefore,the information provided by this tool cannot be used as a substitute for an analysis of the cumulative impacts of any specific project for which an environmental review is required by CEQA. Moreover,CalEnviroScreen assesses environmental factors and effects on a regional or community- wide basis and cannot be used in lieu of performing an analysis of the potentially significant impacts of any specific project.Accordingly,a lead agency must determine independently whether a proposed project's impacts may be significant under CEQA based on the evidence before it,using its own discretion and judgment.The tool's results are not a substitute for this required analysis.Also,this tool considers some social,health,and economic factors that may not be relevant when doing an analysis under CEQA.Finally,as mentioned above,the tool’s output should not be used as a focused risk assessment of a given community or site.It cannot predict or quantify specific health risks or effects associated with cumulative exposures identified for a given community or individual. Based on staff’s research of the CalEnviroScreen website and the related guidance document,staff concludes that the CalEnviroScreen data provided by the opposition should not be utilized in the cumulative impacts analysis required under CEQA. The SJVAPCD is the local regional jurisdictional entity charged with attainment planning,rule making,rule enforcement,and monitoring under Federal and State Clean Air Acts and Clean Air Act Amendments. The proposed project will comply with the Air Quality Element of the 2025 Fresno General Plan and the Goals,Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments;therefore the project will not conflict with or obstruct an City of Fresno Printed on 12/16/2022Page 7 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: Council of Fresno County Governments;therefore the project will not conflict with or obstruct an applicable air quality plan.The project must comply with the construction and development requirements of the San Joaquin Valley Air Pollution Control District,therefore,no violations of air quality standards will occur.The project will not occur at a scale or scope with potential to contribute substantially to existing or projected air quality violation.The project will not occur at a scale or scope which will result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment. The Edison Community Plan and the 2025 Fresno General Plan designate the subject site as heavy industrial and allows the proposed industrial use on the subject site.Given that the existing land use allows this type and intensity of development,the project is not proposing development beyond that examined in MEIR No.10130 for the 2025 Fresno General Plan or the MND prepared for Plan Amendment A-09-02 to amend the Air Quality Element of the 2025 Fresno General Plan. The project is not proposing a use which will create objectionable odors.The applicant will have programs in place to protect employees as well as the general public from exposure to the chemical products they distribute.The applicant provided the City of Fresno with a complete list of chemicals to be housed at the facility.Chemicals include corrosives,oxidizers,combustibles,flammables, poisons,toxics,as well as other classifications of products,including non-hazardous materials,which classifications have been attached for reference.The company primarily receives stores and ships chemicals without diluting them or changing their packaging.The products can be in either a solid or liquid state.No product will be stored in a gaseous state,thus,minimizing the possibility of objectionable odors and or exposure to the public.The company also supplies dry food grade chemicals,such as citric acid,which are diluted in water and repackaged to meet customer orders. This process will be done in an area designed to contain any potential spills until the spill can be appropriately neutralized.Engineering controls,such as scrubbers to reduce hazardous vapors from affecting the employees and the surrounding areas,will be implemented.In addition,the use of personal protective equipment will help ensure a healthful environment in and around operations.To reiterate,pursuant to the operational statement submitted by the applicant,all chemicals will be stored in either liquid or solid state and no product will be stored in a gaseous state.Therefore,the transfer of chemicals from one container to another and other operations related to this facility will not create objectionable odors affecting a substantial number of people. Furthermore, the project shall obtain or prepare the following permits, registrations, and plans: ·San Joaquin Valley Air Quality Management District Air Permit ·Consolidated Unified Program Agency Permit ·California Highway Patrol Hazardous Materials Permit ·California Department of Justice Precursor Chemical Permit ·Pipeline and Hazardous Materials Safety Administration Hazardous Materials Shipper/Carrier Permit ·Federal Highway Administration Operating Authority Permit ·Environmental Protection Agency Federal Insecticide,Fungicide and Rodenticide Act Registrations ·Occupational Health and Safety Administration Air Pressure Vessel Permit ·California Department of Agriculture Feed and Fertilizer Permit ·Storm Water Permit City of Fresno Printed on 12/16/2022Page 8 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: ·A Storm Water Pollution Prevention Plan ·Monitoring Program Plan The proposed project is not expected to generate substantial pollutant concentrations since this project will not generate significant vehicle traffic.The company will operate Monday through Friday;whereas,approximately thirty-three (33)employees will be at the project site at any given time.It is anticipated,aside from employees coming to and from the facility,less than two (2) visitors per week can be expected because the project does not include the processing or manufacture of materials of any kind.Therefore,the project will not create pollutants that would impact sensitive receptors.The closest sensitive receptors to the proposed site are approximately 915 feet to the south of the subject site (single family home on the corner of North Hughes and West Nielsen Avenues).The California Air Resources Board Handout was referenced to determine a “minimum separation between new sensitive land uses and existing sources”;however,a specific use associated with the development of a chemical warehouse project could not be found or used as reference. Residential land uses are considered “sensitive receptor”type land uses and are located approximately 915 feet from the proposed project site as indicated previously.Given that a railroad track is immediately adjacent to the site (north property line),there is a potential for the exposure of sensitive receptors to substantial pollutant concentrations in the event of a spill or accident.In the event of an emergency,an Emergency Coordinator (EC)will be designated to the proposed site to manage the response to hazardous materials/waste incidents resulting from fire,explosion, accidental release,natural disaster,or terrorist activities.This includes an EPCP developed in accordance with Title 40 of the Code of Federal Regulations (CFR)Part 262,Title 29 CFR Section 1910.120 and 1910.38,and CEPA (CEPA)s.36 (1-3).An EPCP shall be developed for the project site to assist the EC or his/her designee(s) in determining appropriate response procedures. The project has been required (as a mitigation measure)to participate in a Local Emergency Planning Committee where local response agencies (fire department,public health department, hospitals,etc.)and the community (District 3 leaders and residents)are made aware of activities and controls that are in place to prevent and control any accidental release of a hazardous material. One example highlighted by the applicant includes “mock-drills”in conjunction with local fire departments to practice the project’s counter measures. Pursuant to the Air Quality and Land Use Handbook prepared by the CEPA California Air Resources Board dated April 2005,a railroad track is not considered a use that has a significant negative air quality impact.High traffic freeways and roads and rail yards are uses called out by this study that may have significant negative air quality impacts. Onsite containment would be as follows: Within the Building -The areas within the building where hazardous chemicals will be stored have a system of curbs,drains,and containment areas that will keep any spills on site and contained until they are appropriately tested, neutralized, and cleaned up. Engineering controls,such as scrubbers,will be installed to reduce hazardous vapors from affecting the employees and the surrounding areas. City of Fresno Printed on 12/16/2022Page 9 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: Rail Car/Truck Unloading -Liquid chemicals from trucks and railcars shall be offloaded into approved external bulk storage tanks.Those liquid chemicals arriving in trucks shall be offloaded in the tank storage load out area which is designed to contain any spills until they can be appropriately neutralized. Those liquid chemicals arriving by railcar shall be top offloaded into the bulk storage tanks,a process which is designed to help eliminate any catastrophic spills.As a precautionary measure,the company shall place large plastic bins under the railcar connections to collect any accidental spillage. The external tanks will be used for the storage of the following bulk liquids: ·Sodium hydroxide 50% in a 25,000 gallon steel tank ·Sodium hydroxide 50% (low iron) in a 6,200 gallon poly tank ·Potassium hydroxide 50% in a 25,000 gallon steel tank ·Potassium hydroxide 50% (low iron) in a 6,200 gallon poly tank ·Hydrochloric Acid 36.5% in a 25,000 gallon FRP tank ·Sodium hypochlorite 12.5% in an 8,300 gallon poly tank and a 6,200 gallon poly tank ·Citric Acid 50% in two 5,500 gallon poly tanks Tanks and Tanker Load out Area -This area shall be contained within itself for spillage and rainfall and adhere to the following:Concrete containment cells shall be engineered to handle the weight and volume of materials present in the storage tanks.The proposed system is designed to handle 110 percent of the capacity of the largest tank anticipated to be installed,which conforms to the requirements of the California Building Code and the California Fire Code.Tanks and tanker load out area and containment area shall be visually inspected on a daily basis. Yard -The entire site has been designed to contain up to 3 inches of rainfall,stored in a depressed area of the site and the truck loading dock.The rainwater is prevented from leaving the site through a valve system.The rainwater,both on the site and in the tank containment area,will be tested to assure that no contaminants are present.If there are contaminants,the water will be appropriately treated and retested to assure that they have been neutralized and that the water is safe.Once the water is determined to be safe,the valve is opened and the water will be pumped out to the storm water system. The project applicant has proposed an “occurrence database”to source all loss producing events such as personal injury,spill,and fire or vehicle accident.Near misses are also to be recorded and investigated in the same system.These events shall be resolved as appropriate through an established root cause analysis and corrective action (RCACA)process.Historical data shall be available upon request.To supplement these efforts,the applicant will incorporate a training program to include safety and environmental video training modules,instructed classroom training as well as tailgate safety meetings and on-the-job instruction.This shall be monitored through Brenntag’s “Pure Safety Training Software.”Modules are to include general awareness,hazard classification,shipping papers,marking and labeling,placarding,emergency response,and packaging selection in UN approved containers. Brenntag has a national contract with CURA Emergency Services.CURA has contracts with specialized local contractors throughout the nation.They are available to assist 24 hours per day, 365 days per year to clean up spills.Documentation and agreements shall be submitted to the City City of Fresno Printed on 12/16/2022Page 10 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: 365 days per year to clean up spills.Documentation and agreements shall be submitted to the City for their records. The project would equal or exceed 25,000 square feet of industrial space.Typically a project such as this would need to comply with Rule 9510 from the SSJVAPCD.This Rule (also called Indirect Source Review or ISR)provides for incorporation of a wide range of mitigation measures into projects,and levies fees for pollutants generated by development projects,transportation and development projects.The fees are used to provide for regional air quality improvements and mitigations.Rule 9510 requires that operational (traffic-associated)NOX and PM10 emissions be reduced by at least 33.3%and 45%,respectively,and construction equipment NOX and PM10 emissions of projects be reduced by at least 20%and 45%,respectively.After further review and consultation with the Air District (attached letter dated May 22,2014),it was determined that the project,as proposed,is “exempt from ISR because the project is a permitted facility.”However,the project shall adhere to the District’s adopted document titled Guidance for Valley Land-Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA (reference Project Modeling Assumptions and Air Quality Impact Assessment provided by First Carbon Solutions dated May 20, 2014. On April 22,2014,District staff met with the applicant’s consultant and participated in a conference call to discuss the District’s original comments dated September 27,2013.During the conference call,the District recommended that a more detailed preliminary review of the project be provided and that the review quantifies criteria pollutant emissions,evaluates nuisance odors,and evaluates potential health risks.The District has permitting authority over stationary sources only.The EA not only covers stationary source criteria pollutants health risks from stationary source Toxic Air Contaminants (TAC)emissions,and incorporates comments provided by the District,but also covers anticipated mobile and other non-permitted source criteria pollutants and health risks from mobile and other non-permitted source TAC emissions.Through project design elements and compliance with District rules and regulations,project related stationary source criteria pollutant emissions and stationary source TAC emissions would have a less than significant health risk impact on nearby receptors. The applicant’s consultant,First Carbon Solutions (FCS),used CalEEMod version 2.2 to estimate project criteria pollutant emissions for comparison with SSJVAPCD thresholds of significance.FCS quantified the emissions from the sources mentioned above and determined that emissions from these sources would not exceed the District’s thresholds of significance of 10 tons/year ROG,10 tons/year NOx,or 15 tons/year PM10.Therefore,project related criteria pollutant emissions from mobile and non-permitted sources would have a less than significant impact on air quality. FCS used the District’s Health Risk Assessment Truck Screening Tool to estimate the increase in cancer risk due to the operation of diesel trucks on the project site and from locomotives accessing the site to exchange car rails.The project would not exceed the District’s thresholds of significance during construction. FCS used the District’s HRA Truck Screening Model to estimate health risk associated with the operation of diesel powered vehicles at the site.The District’s TAC threshold of significance for project operations is an increase in cancer risk of 10 in a million.The result of the analysis show an increase in cancer risk at the nearest sensitive receptor to be 1.88 in a million.Therefore,the project’s TAC impacts are less than significant. City of Fresno Printed on 12/16/2022Page 11 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: The project has been required (as a mitigation measure)to comply with all of the requirements stipulated within the attached Chemical Storage Guidelines (Chapter 6:Prevention Program (Program 2)prepared by the National Association of Chemical Distributors (NACD)dated January 27,1999,or its most current form.In addition,the project shall comply with all of the requirements stipulated within the Guidelines for Safe Warehousing of Chemicals prepared by the Center for Chemical Process Safety of the American Institute of Chemical Engineers NACD dated 1998,or its most current form. The MEIR prepared for the 2025 Fresno General Plan requires that the most current version of URBEMIS (now known as CalEEMod)computer model be used to analyze development projects and estimate future air pollutant emissions that can be expected to be generated from operational omissions (vehicular traffic associated with the project),area-wide emissions (sources such as ongoing maintenance activities and use of appliances),and construction activities.According to the analysis conducted by First Carbon Solutions,the project would not exceed the SJVAPCD thresholds of significance during construction. This analysis is to also determine if the Brenntag project would result in significant air quality impacts from the following criteria pollutants and toxic air contaminants:ozone precursors (Reactive Organic Gases (ROG)and NOX;CO,SOX,both regulated categories of particulate matter,and the greenhouse gas carbon dioxide (CO2).The model incorporates geographically-customized data on local vehicles, weather, and SJVAPCD Rules. The land use data provided in CalEEMod was for a project containing approximately 58,699 square feet (conservative square footage)of warehouse space,inclusive of covered canopies and a boiler room on 11.22 acres.The trip rates per day are as follows:2-7 HD Truck deliveries to site (assumed 7 as worst case);12-20 HD Truck shipments from site (assumed 20 as worst case);and 3 rail deliveries per week.The analysis incorporated mitigation measures required by the City and feasibility incorporated at this stage of project analysis.These mitigations include watering of construction sites and unpaved construction roads three times daily and reducing speed on construction roadways. Project Construction Emissions [all data given in tons/year]ROG NOx CO SO2 PM10 PM2.5 CO2 Totals .85 4.18 2.82 3.76 .49 .34 347.5 Level of Significance 10 10 N/A N/A 15 15 N/A The analysis determined that the proposed project will not exceed the threshold of significance limits for regulated air pollutants.During the construction phase of this project grading and trenching on the site may generate particulate matter pollution through fugitive dust emissions.SJVAPCD Regulation VIII addresses not only construction and demolition dust control measures,but also regulates ongoing maintenance of open ground areas that may create entrained dust from high winds.The applicant is required to provide landscaping on the project site which will contain trees to assist in the absorption of air pollutants, reduce ozone levels, and curtail storm water runoff. City of Fresno Printed on 12/16/2022Page 12 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: Project Annual Operational Emissions [all data given in tons/year]ROG NOx CO SO2 PM10 PM2.5 CO2 Area .24 0.00 5.10 0.00 0.00 0.00 9.60 Mobile .07 .27 .88 1.46 .09 .02 121.30 Totals .33 .33 .93 1.80 .09 .03 371.83 Level of Significance 10 10 N/A N/A 15 15 N/A First Carbon Solutions (FCS)used the SJVAPCD HRA Truck Screening Model to estimate health risk associated with the operation of diesel powered vehicles at the project site.The SJVAPCD Toxic Air Contaminant (TAC)threshold of significance for project operations is an increase in cancer risk of 10 in a million.The result of the analysis show an increase in cancer risk at the nearest sensitive receptor of 1.88 in a million.Therefore,the project’s TAC impacts are less than significant.In summary,subject to compliance with existing policies,rules,and regulations,the proposed project will not significantly impact local air quality.The proposed project will not create additional air quality impacts beyond those already assessed the MEIR prepared for the 2025 Fresno General Plan and Plan Amendment No. A-09-002 to amend the Air Quality Element of the 2025 Fresno General Plan. The proposed project shall implement and incorporate,as appropriate,the air quality related mitigation measures as identified in the attached Project Specific Monitoring Checklist dated May 27, 2014, including but not limited to, compliance with all applicable regulations. Hazards and Hazardous Materials The project is not expected to create a significant hazard to the public or the environment through the routine transport,use,or disposal of hazardous materials.However,given the proximity to the railroad track and its intended use,there is a possibility that a spill or accident could occur.This creates a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment if precautions are not taken into account.In the event of an emergency,an Emergency Coordinator (EC)shall be designated to the proposed site to manage the response to hazardous materials/waste incidents resulting from fire,explosion,accidental release,natural disaster,or terrorist activities.This includes an EPCP developed in accordance with Title 40 of the Code of Federal Regulations (CFR) Part 262,Title 29 CFR Section 1910.120 and 1910.38,and CEPA s.36 (1-3).An EPCP shall be developed for the project site to assist the EC or his/her designee(s)in determining appropriate response procedures. The project has been required (as a mitigation measure)to participate in a Local Emergency Planning Committee where local response agencies (fire department,public health department, hospitals,etc.)and the community (District 3 leaders and residents)are made aware of activities and controls that are in place to prevent and control any accidental release of a hazardous material.One example highlighted by the applicant includes “mock-drills”in conjunction with local fire departments to practice the project’s counter measures. The project has been mitigated to comply with all of the requirements stipulated within the Chemical Storage Guidelines (Chapter 6:Prevention Program (Program 2)prepared by the NACD dated January 27,1999,or its most current form.In addition,the project has been required (as a mitigation City of Fresno Printed on 12/16/2022Page 13 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: January 27,1999,or its most current form.In addition,the project has been required (as a mitigation measure)to comply with all of the requirements stipulated within the Guidelines for Safe Warehousing of Chemicals prepared by the Center for Chemical Process Safety of the American Institute of Chemical Engineers NACD dated 1998, or its most current form. Storage tanks shall adhere to the following standards: ·Steel and stainless steel tanks shall be built to American Petroleum Institute (API)or Underwriters Laboratories (UL) standards. ·Fiberglass (FRP)tanks shall be built to the American Society for Testing and Materials (ASTM) 3299/4097 standards. ·Poly tanks shall be built to the ASTM D1998 standard. ·Storage tank system shall be designed to automatically alert the operators when 90%of tank capacity has been reached and to automatically prevent tank capacity from exceeding 95% capacity, as proposed. ·Tanks shall have individual pumps for each material stored at the facility. ·Hoses shall be tested at time of purchase and every six months afterwards.Hoses shall be visually inspected with every use for signs of non-compliance. On-site containment,“occurrence database”,training programs,safety policies,required permits, registrations,and plans related to hazards and hazardous materials (i.e.,within the building,rail car/truck loading and unloading,and tanks and tanker load out area)can be referenced within the air quality section above. With mitigation proposed the proposed project will not create impacts beyond those already assessed in the MEIR prepared for the 2025 Fresno General Plan and Plan Amendment No.A-09- 002 to amend the Air Quality Element of the 2025 Fresno General Plan. The project site is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one-quarter mile of an existing or proposed school. The closest school is approximately ½ mile or 2,090 feet from the project site. Although the project area is located within an airport land use plan (Fresno-Chandler Downtown Airport Master and Environs)and traffic pattern zone of FCEA,the project will not expose people residing or working in the project area to excessive noise levels from the airport because the proposed project is simply in the airport review area and is not within an identified noise contour identified by the airport land use plan. The project has been reviewed by the Department of Airports and it has been determined that the project will not result in a safety hazard for people residing or working in the project area.The project is also not within the vicinity of a private airstrip,therefore,it would not result in a safety hazard for people residing or working in the project area.The project will not interfere with an adopted emergency plan.The project area is not located near a wild land area or an SRA;therefore the project will not expose people or structures to a significant risk of loss,injury or death involving wild land fires. The proposed project shall implement and incorporate,as appropriate,the hazards and hazardous materials related mitigation measures as identified in the attached Project Specific Monitoring City of Fresno Printed on 12/16/2022Page 14 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: materials related mitigation measures as identified in the attached Project Specific Monitoring Checklist dated May 27, 2014, including but not limited to, compliance with all applicable regulations. Land Use Plans and Policies 2025 Fresno General Plan and Edison Community Plan The project will be constructed on an approximately 11.22 acre site within the Roeding Industrial Park.The proposed M-3 zone district is consistent with the planned land use of heavy industrial pursuant to Section 12-403-B-1 of the Fresno Municipal Code.The proposed project is in compliance with several goals and policies contained in both the 2025 Fresno General Plan (General Plan)and the Edison Community Plan.For example,Objective C-13 of the 2025 Fresno General Plan is to plan and support industrial development to promote job growth while enhancing Fresno’s urban environment.Supporting policy C-13-i is intended to provide sufficient opportunities for heavy industrial planned uses in areas that are accessible from major transportation corridors,and where land use compatibility issues,health and safety concerns and public facility and service needs can be addressed to ensure stability of economic investments and opportunities for growth.The proposed project will meet the intent of these objectives and policies because the proposed project will integrate well into the existing surrounding industrial uses. Similarly,the goals of the 1977 Edison Community Plan,as updated and reaffirmed in the 2025 Fresno General Plan,were directed toward providing a framework for public and private actions which will stimulate the long-term balanced growth of the community.In order to achieve this overall purpose there are three primary objectives:(1)Stimulate growth in the Edison Community by improving the quality of the environment and the strategic provision of public facilities improvements; and (2)stimulate an increase of income levels throughout the Edison Community through programs of economic and employment development. The subject site is designated for heavy industrial uses by the Edison Community Plan (as amended by the 2025 Fresno General Plan).Although the Edison Community Plan indicates that there is an overconcentration of industrial land uses in the plan area,the Edison Community Plan,in 1977, designated the site for industrial land uses.This implies that the City and the community (at that time)felt that industrial land uses were appropriate for the area and would not be detrimental to the community.The policies related to industrial development in the Edison Community Plan are focused on remedying the issues related to industrial property that directly abuts residential land uses.It also raises concerns related to scattered industrial development outside of planned industrial districts. The subject site is not adjacent to residential land uses and has been planned industrial for four decades.Thus,the Edison Community Plan intended for and continues to call for industrial development in this area. Additionally,property development standards and conditions of approval have been incorporated to help minimize the adverse effects of industries on residential areas within the community plan area, including but not limited to,strict performance standards,proper site design,and the application of available measures to buffer and separate incompatible land uses.One method is to allow light industrial uses like Brenntag instead of heavy industrial uses such as a wrecking yard,aircraft factory, or brick or tile manufacturing. Therefore,it is staff’s opinion that the proposed site plan review application is consistent with respective general and community plan objectives and policies and will not conflict with any City of Fresno Printed on 12/16/2022Page 15 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: respective general and community plan objectives and policies and will not conflict with any applicable land use plan,policy or regulation of the City of Fresno.The proposed project is found;(1) To be consistent with the goals,objectives,and policies of the applicable 2025 Fresno General Plan and Edison Community Plan;(2)to be suitable for the type and density of development;(3)to be safe from potential cause or introduction of serious public health problems;and (4)to not conflict with any public interests in the subject site or adjacent lands. SITE PLAN REVIEW APPLICATION REVIEW FINDINGS FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-3: (a)All applicable provisions of this Code are complied with and,in addition,that the following are so arranged that traffic congestion is avoided,pedestrian and vehicular safety and welfare are protected,and surrounding property is protected from adverse effect:(1)facilities and improvements;(2)vehicular ingress,egress,and internal circulation; (3)setbacks;(4)height of buildings;(5)location of services;(6)walls;(7)landscaping;(8)lighting;(9)signs;(10) recycling areas. Finding (a):Site Plan Review Application No.S-13-047 meets all provisions of the Code pursuant to the M-3 (Heavy Industrial)zone district and policies contained in the 2025 Fresno General Plan and the Edison Community Plan. Furthermore,the applicant will be required to submit new exhibits,inclusive of all of the Conditions of Approval and mitigation measures,which will ensure that all requirements are met. (b)All special conditions required by the city as conditions in a covenant, agreement, or special permit are met. Finding (b):All special conditions required under Site Plan Review Application No.S-13-047 was incorporated into the conditions of approval and mitigation measures and shall be met prior to construction of the proposed project.Prior to occupancy,staff will ensure,via a site inspection that the required landscaping,parking,etc.,have been provided in accordance with the Conditions of Approval and applicable mitigation measures. Notice of City Council Meeting The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 1,000 feet of the subject property (see attached Noticing Map). 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: Vicinity Map Aerial Photograph Public Hearing Notice Mailing List Vicinity Map M-1, M-2, and M-3 Zoning Maps 2025 Fresno General Plan Land Use and Circulation map Site Plan Review Application No. S-13-047 Conditions of Approval City of Fresno Printed on 12/16/2022Page 16 of 17 powered by Legistar™ File #:ID#14-297 Agenda Date:8/28/2014 Agenda #: Planning Commission Minutes dated March 5, 2014 Planning Commission Minutes dated June 18, 2014 (Pending Completion) Opposition Letters Support Letters California Communities Environmental Health Screening Tool,Version 1 (CalEnviroScreen 1.0)- Guidance and Screening Tool/Guidance from the Secretary Appeal Letter of the June 18, 2014, Planning Commission Action Request for Records Letter dated July 8, 2014 Updated Summary Review Letter dated May 22, 2014 Letter from the San Joaquin Valley Air Pollution Control District dated June 18, 2014 Industrial Section (pages 42-45) of the Edison Community Plan Environmental Assessment No. S-13-047 City of Fresno Printed on 12/16/2022Page 17 of 17 powered by Legistar™ 4 SUBJECT AREA 45802006T 45802068 45802071 45802072 45802062 45802007 45806052 4580207045802069 45802002T 45805003 45802042T 45805039 45801001U 45801002U 45802055 45802060 45802003T45802005T 45802056 45802057 45802067 45802066 4580502745805026 458050044580500545805038T 45802004T 180 F WY NIELSEN AVE BELMONT AVE HUGHES AVEMARKS AVEROEDING DR WEST AVE9 9 H WY MONTE AVEDAN RON QU ILLO DR P A R K WA Y D R PLEASANT AVELAFAYETTE AVETHOMAS AVEWA R R E N A V E HARVEY AVE IOTA RDWAGON W HEE L RD WHITE AVE 180 FWY18 0 F WYHUGHES AVE9 9 H W Y Ad dress List Map, Gary Unruh, c:\gisdm5\automap\adrlist.mxd, Fri May 30 15:28:36 2014 Buffered at:1000 Feet, Legal Notices, Owners, Residents45802070 999764 S-13-047 18 0 F W Y 9 9 H W Y NIELSEN AVEMARKS AVEBELMON T AVE WHITES BRIDGE AVE TEILMAN AVE9 9 H WY SHAW AVE CEDAR AVEFIRST STPALM AVENORTH AVE BULLARD AVE CLOVIS AVECHESTNUT AVENEES AVE BELM ON T AVE BLACKSTONE AVEPOLK AVEJENSEN AV EBLYTHE AVEELM AVEKINGS CANYON RD FOWLER AVEWEST AVESHIELDS AVE MARKS AVECALIFO RN IA AVE W E B E R A V E ASHLAN AVE PEACH AVEG O L D E N ST A TE BLV DGRANTLAND AVEH S T VEN TU RA STBRAWLEY AVEMCKIN LEY AVE B S TMILBURN AVERIV E R SID E D R WHITES BRIDGE AVEMARKS AVEB S T SHIELDS AVE AS HLAN AVE MARKS AVEGRANTLAND AVEFOWLER AVESHIELDS AVE PEACH AVEB U L L A R D AV E WEST AVEPEACH AVELegend M-1 Z one District City o f F resn o City of Fresno Development and Resource Management Department Planning Division July 29, 2013 City of FresnoM-1 District NORTH AVE ELM AVEJEN SEN AVE CHESTNUT AVEWEST AVEBELM ONT AVE MARKS AVECALIFORNIA AVE CEDAR AVECENTR AL AV EFIRST STWALNUT AVEBLYTHE AVEFRESNO STH S T VENTURA ST KINGS CANYON RD B S T WHITES BRIDGE AVE VENTURA STCEDAR AVEMARKS AVEB S T Legend M-2 Z one D istrict City of F resno City of Fresno Development and Resource Management Department Planning Division March 5, 2014 City of FresnoM-2 D istrict SHAW AVE FIRST STPALM AVENORTH AVE BULLARD AVE CLOVIS AVECHESTNUT AVEBELM ON T AVE ELM AVEBLACKSTONE AVEPOLK AVEJEN SEN AVEBLYTHE AVEKINGS CANYON RD FOWLER AVEWEST AVESHIELDS AVE MARKS AVECALIFORNIA AVE W E B E R A V E CEDAR AVEASHLAN AVE PEACH AVEG O L D E N STATE BLV DGRANTLAND AVEH S T VEN TU RA STBRAWLEY AVEMCKINLEY AVE AMER ICAN AVE B S T SA NTA FE AVE RIV E R SI D E D R WHITES BRIDGE AVE SHIELDS AVE B S T CEDAR AVEPEACH AVEAS HLAN AVE WEST AVEMARKS AVEMARKS AVEFOWLER AVEPEACH AVESHIELDS AVEGRANTLAND AVEMCKIN LEY AVE Legend M-3 Z one D istrict City of F resno City of Fresno Development and Resource Management Department Planning Division March 5, 2014 City of FresnoM-3 D istrict 400304 The City Council will consider approval of Site Plan Review Application No. S-13-047 at a noticed public hearing on August 28, 2014. Staff recommends that the special permit application be approved subject to the conditions listed in this document. Project Description: Sean Odom of GMA Consulting Engineers and Architects, on behalf of McCall Pacific, LLC, and Brenntag Pacific, Inc.,has filed Site Plan Review Application No. S-13-047 pertaining to +/-11.22 acres of property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues. Site Plan Review Application No. S-13-047 requests authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse (Brenntag Pacific Inc.). A portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet). The applicant also proposes to install twelve (12) external storage tanks with their appropriate containment slabs. The subject site is zoned M-3 (Heavy Industrial) and designated for heavy industrial planned land uses by the 2025 Fresno General Plan and Edison Community Plan. CONDITIONS OF APPROVAL PART A –ITEMS TO BE COMPLETED The following items are required prior to issuance of building permits, occupancy, or commencement of land use activity as noted below: Planner to initial when completed 1.Development shall take place in accordance with Exhibits A, F, & L (Sheets A-0.1, A-1.1, A-1.2, A-1.3, A-1, A-2, A-2.1, A-2.2, A-3, and A-3.1 dated December 13, 2013; L-1 dated November 4, 2013; L-2 dated January 2, 2014; and L-3 dated August 15, 2013, with modifications,as requested in the conditions listed below. Transfer all comments and CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 28,2014 SITE PLAN REVIEW APPLICATION NO.S-13-047 175 North Hughes Avenue (APN:458-020-70) Conditions of Approval Site Plan Review Application No. S-13-047 August 28, 2014 Page 2 conditions to the corrected exhibit(s) and submit to planner at least 15 days prior to issuance of building permits. 2.The proposed 6-foot high fence is not allowed within the 15-foot front yard setback along Hughes Avenue. Revise site plan to depict a fence that meets the requirements noted above. This revised site plan must be submitted and approved prior to issuance of building permits. 3.The proposed fence located along Hughes Avenue must be made of wrought iron or a similar looking material no greater than four (4) feet in height if located within the required setback. Chain link is not allowed. Revise site plan to depict a fence that meets the requirements noted above. This revised site plan must be submitted and approved prior to issuance of building permits. 4.In a revised operational statement dated May 22,2014,the applicant had indicated that they own or will own 31 vehicles to be utilized on the site and will have 33 employees with no sales people. Thus,a total of 48 parking stalls are required. Only 45 parking stalls (36 vehicle and 9 truck) are shown on Exhibit A-2 dated December 11,2013. Please revise plans to depict an additional three (3)parking stalls.No truck shall park on unmarked gravel area unless it designated as a parking stall on the site plan.This revised site plan must be submitted and approved prior to issuance of building permits. 5.Provide lot coverage information on the site plan. Include all proposed structures in lot coverage calculation. This must be shown on a revised site plan prior to issuance of building permits. 6.Add applicable notes/details on the site plan from the attached “General Notes and Requirements for Entitlement Applications”, unless otherwise noted in these conditions of approval. 7.Comply with the following requirement(s)prior to issuance of building permits: A. Dedicate and construct (2) 17’ center section travel lanes and a 2-way left turn lane within the limits of this application. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Frontage improvements required beyond the limits of this application. 2025 General Plan Policy numbers E-1-c, E-1-j. E-1-n. This requirement, along with all requirements detailed in the letter dated Conditions of Approval Site Plan Review Application No. S-13-047 August 28, 2014 Page 3 October 11, 2013 from the Public Works Department, Traffic and Engineering Services Division, will be verified by the Public Works Department prior to issuance of building permits. The dedication must be completed prior to issuance of building permits. 8.Revised irrigation plans must be reviewed and approved by Hilary Kimber prior to issuance of building permits. 9.Construct an 8-inch sanitary sewer main in North Hughes Avenue from the existing 8-inch main at the intersection of North Hughes and West Nielsen Avenues to the project’s north property line. See memorandum from Dough Hecker in the Department of Public Utilities dated September 16, 2013 for more information. This must be installed prior to occupancy. 10.Revise site plan to comply with comments provided by the City of Fresno Fire Department in a memo dated October 2, 2013. Provide revised site plan for review and approval prior to issuance of building permits. 11.A flood control fee of $73,2794.00 is due prior to issuance of building permits. The Development Services Division will enter this fee into the system at the time of issuance of building permits and the fee will be due at that time. 12.At the request of the Fresno Metropolitan Flood Control District, a hold on occupancy will be placed on this project until the developer provides an NPDES General Permit for Industrial Activity.Please provide proof that this has been completed prior to occupancy. 13.Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Development Services Division.A written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Development Services Division, Development and Resource Management Department. 14.Prior to operations, the applicant shall complete the online Hazardous Materials Business Plan submittal (https://www.fresnocupa.com/ or http://cers.calepa.ca.gov/). Contact the Certified Unified Program Agency Conditions of Approval Site Plan Review Application No. S-13-047 August 28, 2014 Page 4 at (559) 600-3271 for more information. Provide proof that this has been completed prior to occupancy. 15.Comply with the MEIR Mitigation Measures and Project Specific Mitigation Measures attached to Environmental Assessment No. S-13-047. Proof of compliance must be submitted at the time of issuance of building permits. PART B –OTHER REQUIREMENTS 1.Planning/Zoning/Environmental Compliance Requirements a)Property development standards and zoning requirements are contained in the attached “Project Comments from the Development Services Division” prepared for Site Plan Review Application No. S-13-047 and dated October 3, 2013 (revised February 28 and June 13, 2014). Any future revisions to the proposed project shall comply with these conditions. b)Development shall take place in accordance with the attached “General Notes and Requirements for Entitlement Applications” as applicable. c)Development shall take place in accordance with the M-3 (Heavy Industrial District) zone district and all other applicable sections of the Fresno Municipal Code. d)Development shall take place in accordance with the policies of the 2025 Fresno General Plan, Edison Community Plan,Redevelopment Agency of the City of Fresno Industrial Development Design Guidelines,and with the heavy industrial planned land use designation. e)Comply with the operational statement submitted for the proposed project dated December 11, 2013 (updated May 22, 2014). f)All programs and plans detailed in the attached document titled “Brenntag Pacific, Inc., Summary of S.H.E. Programs” dated February 21, 2014 must be adhered to in the operation of the proposed facility. g)Any changes to approved elevations are subject to review and approval by the Development and Resource Management Department. 2.City and Other Services Conditions of Approval Site Plan Review Application No. S-13-047 August 28, 2014 Page 5 a) Development shall take place in accordance with the attached memoranda and letters from City of Fresno Departments and partner agencies (Building and Safety Services dated January 16, 2013; Department of Public Utilities (for sewer) dated January 29, 2013; Department of Public Utilities (for water) dated January 24, 2013; Department of Public Utilities (for solid waste) dated January 23, 2013; Public Works Department, Engineering Division dated February 2, 2013; Fresno Fire Department dated January 16, 2013; Caltrans dated February 5, 2013; Fresno Unified School District dated February 27, 2013; San Joaquin Valley Air Pollution Control District dated January 24, 2013, and updated letter of May 22, 2014; Fresno Irrigation District dated January 18, 2013; Fresno Police Department dated January 31, 2013; Fresno Metropolitan Flood Control District dated January 28, 2013; Fresno County Department of Public Health dated January 16, 2013; Public Utilities Commission dated January 17, 2013; Fresno Area Express (FAX) dated January 23, 2013; and Fresno Airports Division dated January 18, 2013). 3. Miscellaneous Requirements a) Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: i) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; ii) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, iii) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. b) Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. Conditions of Approval Site Plan Review Application No. S-13-047 August 28, 2014 Page 6 Please be advised that this project may be subject to a variety of discretionary conditions of approval. These conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the health, safety and welfare of the community, and recommend conditions for development that would on the whole enhance the project and its relationship to the neighborhood and environment. EXPIRATION DATES The exercise of rights granted by this special permit must be commenced within four years from the date of approval (presumably on June 18, 2018). There is no extension. All improvements must be installed prior to the operation of the proposed use, unless otherwise stated in the conditions of approval. Enclosures: Exhibit 1: A, F, & L (Sheets A-0.1, A-1.1, A-1.2, A-1.3, A-1, A-2, A-2.1, A-2.2, A-3, and A-3.1 dated December 13, 2013; L-1 dated November 4, 2013; L- 2 dated January 2, 2014; and L-3 dated August 15, 2013 Exhibit 2:Comments from Partner Agencies & Departments Exhibit 3:Project Comments from the Development Services Division prepared for Site Plan Review Application No. S-13-047 and dated June 13, 2014 Exhibit 4:Revised Operational Statement dated May 22, 2014 Exhibit 5:Brenntag Pacific, Inc., Summary of S.H.E. Programs dated February 21, 2014 Exhibit 6:General Notes and Requirements for Entitlement Applications Exhibit 7:Performance Standards for Parking Lot Shading Exhibit 8:Landscape Certification Form CITY OF FRESNO MITIGATED NEGATIVE DECLARATION Notice of Intent was filed with: FRESNO COUNTY CLERK 2221 Kern Street Fresno, California 93721 on May 29 , 2014 The full Initial Study and the Master Environmental Impact Report No. 10130 are on file in the Development and Resource Management Department, Fresno City Hall, 3rd Floor 2600 Fresno Street Fresno, California 93721 (559) 621-8277 ENVIRONMENTAL ASSESSMENT NUMBER: S-13-047 APPLICANT: GMA Consulting Engineers and Architects 7337 North First Street, Suite 110 Fresno, CA 93720 PROJECT LOCATION: ± 11.22 acres of property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues, in the City and County of Fresno, California 36°44’41.9748” N Latitude, - 119°50’8.052” W Longitude Assessor’s Parcel Number: 458-020-70 PROJECT DESCRIPTION: Site Plan Review Application No. S-13-047 was filed by GMA Consulting Engineers and Architects on behalf of McCall Pacific, LLC, and pertains to an 11.63 acre property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues. The applicant requests authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse. A portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet). The applicant also proposes to install twelve (12) external storage tanks with their appropriate containment slabs. The property is zoned M-3 (Heavy Industrial District). The City of Fresno has conducted an initial study and proposes to adopt a Mitigated Negative Declaration for the above-described project. The environmental analysis contained in the Initial Study and this Mitigated Negative Declaration is tiered from Master Environmental Impact Report No. 10130 (SCH # 2001071097) prepared for the 2025 Fresno General Plan (“MEIR”); and, Mitigated Negative Declaration No. A-09-02 (SCH # 2009051016) prepared for the 2025 Fresno General Plan (“Air Quality MND”). A copy of the MEIR and Air Quality MND may be reviewed in the City of Fresno Development and Resource Management Department as noted above. The proposed project has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report No. 10130 ("MEIR) or Mitigated Negative Declaration No. A-09-02 (Air Quality MND) prepared for the 2025 Fresno General Plan. Pursuant to Public Resources Code § 21157.1 and California Environmental Quality Act (CEQA) Guidelines § 15177, this project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public -Master Environmental Impact Report Review Summary -Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated May 29, 2014 -Project Specific Mitigation Monitoring Checklist dated May 29, 2014 -Summary Review Letter – San Joaquin Valley Air Pollution Control District -Air Quality Analysis -Brenntag Pacific, LLC. Summary of S.H.E Programs -Department of Transportation Hazard Class Chemicals -Fire Code Hazard Class Chemicals -List of subcontractors 1. Project title: North Hughes Plant for Brentag Pacific, Inc., Site Plan Review Application No. S-13-047 2. Lead agency name and address: City of Fresno Development and Resource Management Department 2600 Fresno Street Fresno, CA 93721 3. Contact person and phone number: Nathan Bouvet, Planner III (559) 621-8075 4. Project location: 175 North Hughes Avenue S/A; located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues. Assessor's Parcel Number: 458-020-70 36º 44' 41.9748" N Latitude, 119º 50' 8.052" W Longitude 5. Project sponsor's name and address: GMA Consulting Engineers 7337 North First Street, Suite 110 Fresno, CA 93720 6. General plan designation: Heavy Industrial Planned Land Use 7. Zoning: Existing- M-3 (Heavy Industrial District) 8. Description of project: Site Plan Review Application No. S-13-047 was filed by GMA Consulting Engineers and Architects on behalf of McCall Pacific, LLC, and pertains to an 11.63 acre property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues. The applicant requests authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse. A portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet). The applicant also proposes to install twelve (12) external storage tanks with their appropriate containment slabs. MODIFIED APPENDIX G TO ANALYZE SUBSEQUENT PROJECT IDENTIFIED IN MEIR NO. 10130 / MND FOR PLAN AMENDMENT A-09-02 (AIR QUALITY MND) / INITIAL STUDY Environmental Checklist Form For Environmental Assessment No. S-13-047 May 29, 2014 Initial Study for S-13-047 May 29, 2014 9. Surrounding land uses and setting: (Briefly describe the project’s surroundings) Planned Land Use Existing Zoning Existing Land Use North Open Space AL-20 Agricultural Limited (County) Railroad Tracks South Heavy Industrial M-3 Heavy Industrial District Industrial East Open Space- cemetery AE-20 Exclusive Twenty Acre Agricultural District Cemetery West Heavy Industrial M-3 Heavy Industrial District Industrial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Fresno Metropolitan Flood Control District, City of Fresno Building and Safety Division, County of Fresno Department of Public Health, and the San Joaquin Valley Air Pollution Control District. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Pursuant to Public Resources Code Section 21157.1(b) and CEQA Guidelines 15177(b)(2), the purpose of this MEIR initial study is to analyze whether the subsequent project was described in the Master Environmental Impact Report No. 10130 and whether the subsequent project may cause any additional significant effect on the environment, which was not previously examined in MEIR No. 10130 (“MEIR”) or the Mitigated Negative Declaration prepared for Plan Amendment A-09-02 to amend the Air Quality Element of the 2025 Fresno General Plan (SCH # 2009051016) (“Air Quality MND”). The environmental factors checked below (if any) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise -2- Initial Study for S-13-047 May 29, 2014 consideration that was not previously examined in the MEIR or Air Quality MND, but that impact is less than significant; c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration that was not previously examined in the MEIR or Air Quality MND; however, with the mitigation incorporated into the project, the impact is less than significant. d. “Potentially Significant Impact” means there is an additional potentially significant effect related to the threshold under consideration that was not previously examined in the MEIR or Air Quality MND. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 3. All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. A "Finding of Conformity" is a determination based on an initial study that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR and Air Quality MND because it would have no additional significant effects that were not examined in the MEIR or the Air Quality MND. 6. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 7. Earlier analyses may be used where, pursuant to the tiering, program EIR or MIER, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. -4- Initial Study for S-13-047 May 29, 2014 b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in the MEIR or another earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 8. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 9. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 10. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 11. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? x b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? x c) Substantially degrade the existing visual character or quality of the site and its surroundings? x d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? x The immediate area is substantially developed with urban uses; therefore, no public or scenic vista will be obstructed by the development and no valuable vegetation will be removed. The project will not damage any scenic resources nor will it degrade the visual character or quality of the site and its surroundings. Furthermore, development of the site will not create a new source of substantial light or glare which would -5- Initial Study for S-13-047 May 29, 2014 affect day or night time views in the project area, given that during the entitlement process, staff will ensure that lights are located in areas that will minimize light sources to the neighboring properties. The site will have a wide landscape buffer along the east and a portion of the north and south property lines which will shield the proposed operations from public view. In addition, the building proposed will contain architectural features and colors (i.e., windows and window treatments, metal wall sheathing and stucco variations, rake trims and guard rails), that will be more aesthetically appealing than the other industrial buildings in the immediate vicinity of the subject site. The project will be subject to the aesthetics mitigation measures identified in MEIR No. 10130 prepared for the 2025 Fresno General Plan and on the attached Mitigation Monitoring Checklist dated May 29, 2014. Conditions to ensure the project is aesthetically appealing will be further defined in the Conditions of Approval for Site Plan Review Application No. S-13- 047. As a result, the project will have a less than significant impact on aesthetics. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. -- Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? x b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? x d) Result in the loss of forest land or conversion of forest land to non-forest use? x -6- Initial Study for S-13-047 May 29, 2014 e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? x The project will not Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use because the project is not located on said areas. In addition, based on a review of aerial photographs, it appears that the site has not been under cultivation since at least 1992. The site does not have a Williamson Act as verified by the City of Fresno and associated historical documentation. The proposed project will not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The project will not result in the loss of forest land or conversion of forest land to non-forest use because the subject property does not contain forest land. The proposed project is not expected to result in conversion of farmland to a non-agricultural use because the subject site is in a completely urban area and is designated for urban development by the 2025 Fresno General Plan. Although there are some properties in the immediate vicinity that are zoned for agricultural uses (cemetery to the east), the proposed project area has already been developed with industrial uses for at least 30 years. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) -- Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? x b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? x c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? x d) Expose sensitive receptors to substantial pollutant concentrations? x -7- Initial Study for S-13-047 May 29, 2014 e) Create objectionable odors affecting a substantial number of people? x Setting The subject site is located in Fresno County and within the San Joaquin Valley Air Basin (SJVAB). This region has had chronic non-attainment of federal and state clean air standards for ozone/oxidants and particulate matter due to a combination of topography and climate. The San Joaquin Valley (Valley) is hemmed in on three sides by mountain ranges, with prevailing winds carrying pollutants and pollutant precursors from urbanized areas to the north (and in turn contributing pollutants and precursors to downwind air basins). The Mediterranean climate of this region, with a high number of sunny days and little or no measurable precipitation for several months of the year, fosters photochemical reactions in the atmosphere, creating ozone and particulate matter. Regional factors affect the accumulation and dispersion of air pollutants within the SJVAB. Air pollutant emissions overall are fairly constant throughout the year, yet the concentrations of pollutants in the air vary from day to day and even hour to hour. This variability is due to complex interactions of weather, climate, and topography. These factors affect the ability of the atmosphere to disperse pollutants. Conditions that move and mix the atmosphere help disperse pollutants, while conditions that cause the atmosphere to stagnate allow pollutants to concentrate. Local climatological effects, including topography, wind speed and direction, temperature, inversion layers, precipitation, and fog can exacerbate the air quality problem in the SJVAB. The SJVAB is approximately 250 miles long and averages 35 miles wide, and is the second largest air basin in the state. The SJVAB is defined by the Sierra Nevada in the east (8,000 to 14,000 feet in elevation), the Coast Ranges in the west (averaging 3,000 feet in elevation), and the Tehachapi mountains in the south (6,000 to 8,000 feet in elevation). The Valley is basically flat with a slight downward gradient to the northwest. The Valley opens to the sea at the Carquinez Straits where the San Joaquin-Sacramento Delta empties into San Francisco Bay. The Valley, thus, could be considered a “bowl” open only to the north. During the summer, wind speed and direction data indicate that summer wind usually originates at the north end of the Valley and flows in a south-southeasterly direction through the Valley, through Tehachapi pass, into the Southeast Desert Air Basin. In addition, the Altamont Pass also serves as a funnel for pollutant transport from the San Francisco Bay Area Air Basin into the region. During the winter, wind speed and direction data indicate that wind occasionally originates from the south end of the Valley and flows in a north-northwesterly direction. Also during the winter months, the Valley generally experiences light, variable winds (less than 10 mph). Low wind speeds, combined with low inversion layers in the winter, create a climate conducive to high carbon monoxide (CO) and particulate matter (PM10 and PM2.5) concentrations. The SJVAB has an “Inland Mediterranean” climate averaging over 260 sunny days per year. The Valley floor is characterized by warm, dry summers and cooler winters. For the entire Valley, high daily temperature readings in summer average 95ºF. Temperatures below freezing are unusual. Average high temperatures in the winter are in the 50s, but highs in the 30s and 40s can occur on days with persistent fog and low cloudiness. The average daily low temperature is 45ºF. -8- Initial Study for S-13-047 May 29, 2014 The vertical dispersion of air pollutants in the Valley is limited by the presence of persistent temperature inversions. Solar energy heats up the Earth’s surface, which in turn radiates heat and warms the lower atmosphere. Therefore, as altitude increases, the air temperature usually decreases due to increasing distance from the source of heat. A reversal of this atmospheric state, where the air temperature increases with height, is termed an inversion. Inversions can exist at the surface or at any height above the ground, and tend to act as a lid on the Valley, holding in the pollutants that are generated here. Regulations The San Joaquin Valley Air Pollution Control District (SJVAPCD) is the local regional jurisdictional entity charged with attainment planning, rule making, rule enforcement, and monitoring under Federal and State Clean Air Acts and Clean Air Act Amendments. The proposed project will comply with the Air Quality Element of the 2025 Fresno General Plan and the Goals, Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments; therefore the project will not conflict with or obstruct an applicable air quality plan. The project must comply with the construction and development requirements of the San Joaquin Valley Air Pollution Control District, therefore, no violations of air quality standards will occur. The project will not occur at a scale or scope with potential to contribute substantially to existing or projected air quality violation. The project will not occur at a scale or scope which will result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment. The Edison Community Plan and the 2025 Fresno General Plan designate the subject site as heavy industrial and allows the proposed industrial use on the subject site. Given that the existing land use allows this type and intensity of development, the project is not proposing development beyond that examined in MEIR No. 10130 for the 2025 Fresno General Plan or the Mitigated Negative Declaration prepared for Plan Amendment A-09-02 to amend the Air Quality Element of the 2025 Fresno General Plan. The project is not proposing a use which will create objectionable odors. The applicant will have programs in place to protect employees as well as the general public from exposure to the chemical products they distribute. The applicant provided the City of Fresno with a complete list of chemicals to be housed at the facility. Chemicals include corrosives, oxidizers, combustibles, flammables, poisons, toxics, as well as other classifications of products, including non-hazardous materials, which classifications have been attached for reference. The company primarily receives stores and ships chemicals without diluting them or changing their packaging. The products can be in either a solid or liquid state. No product will be stored in a gaseous state, thus, minimizing the possibility of objectionable odors and or exposure to the public. The company also supplies dry food grade chemicals, such as citric acid, which are diluted in water and repackaged to meet customer orders. This process will be done in an area designed to contain any potential spills until the spill can be appropriately neutralized. Engineering controls such as scrubbers to reduce hazardous vapors from affecting the employees and the surrounding areas will be implemented. In addition the use of personal protective equipment will help ensure a healthful environment in and around operations. To reiterate, pursuant to the operational statement submitted by the applicant, all chemicals will be stored in either liquid or solid state and no product will be stored in a gaseous state, therefore, the transfer of chemicals from one container to another and other operations related to this facility will not create objectionable odors affecting a substantial number of people. Furthermore, the project shall obtain or prepare the following permits, registrations, and plans: -9- Initial Study for S-13-047 May 29, 2014 • San Joaquin Valley Air Quality Management District Air Permit • Consolidated Unified Program Agency Permit • California Highway Patrol Hazardous Materials Permit • California Department of Justice Precursor Chemical Permit • Pipeline and Hazardous Materials Safety Administration Hazardous Materials Shipper/Carrier Permit • Federal Highway Administration Operating Authority Permit • Environmental Protection Agency Federal Insecticide, Fungicide and Rodenticide Act Registrations • Occupational Health and Safety Administration Air Pressure Vessel Permit • California Department of Agriculture Feed and Fertilizer Permit • Storm Water Permit • A Storm Water Pollution Prevention Plan • Monitoring Program Plan The proposed project is not expected to generate substantial pollutant concentrations since this project will not generate significant vehicle traffic. The company will operate Monday through Friday; whereas, approximately thirty-three (33) employees will be at the project site at any given time. It is anticipated, aside from employees coming to and from the facility, less than two (2) visitors per week can be expected because the project does not include the processing or manufacture of materials of any kind. Therefore the project will not create pollutants that would impact sensitive receptors. The closest sensitive receptors to the proposed site are approximately 915 feet to the south of the subject site (single family home on the corner of North Hughes and West Nielsen Avenues). The California Air Resources Board Handout was referenced to determine a “minimum separation between new sensitive land uses and existing sources”; however, a specific use associated with the development of a chemical warehouse project could not be found or used as reference. Residential land uses are considered “sensitive receptor” type land uses and are located approximately 915 feet from the proposed project site. Given that a railroad track is immediately adjacent to the site, there is a potential for the exposure of sensitive receptors to substantial pollutant concentrations in the event of a spill or accident. In the event of an emergency, an Emergency Coordinator (EC) will be designated to the proposed site to manage the response to hazardous materials/waste incidents resulting from fire, explosion, accidental release, natural disaster, or terrorist activities. This includes an Emergency Preparedness Contingency Plan (EPCP) developed in accordance with Title 40 of the Code of Federal Regulations (CFR) Part 262, Title 29 CFR Section 1910.120 and 1910.38, and California Environmental Protection Agency (CEPA) s.36 (1-3). An EPCP shall be developed for the project site to assist the EC or his/her designee(s) in determining appropriate response procedures. The project has been required (as a mitigation measure) to participate in a Local Emergency Planning Committee where local response agencies (fire department, public health department, hospitals, etc.) and the community (District 3 leaders and residents) are made aware of activities and controls that are in place to prevent and control any accidental release of a hazardous material. One example highlighted by the applicant includes “mock-drills” in conjunction with local fire departments to practice the project’s counter measures. Pursuant to the Air Quality and Land Use Handbook prepared by the California Environmental Protection Agency California Air Resources Board dated April 2005, a railroad track is not considered a use that has a -10- Initial Study for S-13-047 May 29, 2014 significant negative air quality impact. High traffic freeways and roads and rail yards are uses called out by this study that may have significant negative air quality impacts. Onsite containment would be as follows: Within the Building – The areas within the building where hazardous chemicals will be stored shall have a system of curbs, drains, and containment areas that will keep any spills on site and contained until they are appropriately tested, neutralized, and cleaned up. Engineering controls such as scrubbers will be installed to reduce hazardous vapors from affecting the employees and the surrounding areas. Rail Car/Truck Unloading – Liquid chemicals from trucks and railcars shall be offloaded into approved external bulk storage tanks. Those liquid chemicals arriving in trucks shall be offloaded in the tank storage load out area which is designed to contain any spills until they can be appropriately neutralized. Those liquid chemicals arriving by railcar shall be top offloaded into the bulk storage tanks, a process which is designed to help eliminate any catastrophic spills. As a further precautionary measure, the company shall place large plastic bins under the railcar connections to collect any accidental spillage. The external tanks will shall be used for the storage of the following bulk liquids: • Sodium hydroxide 50% in a 25,000 gallon steel tank • Sodium hydroxide 50% (low iron) in a 6,200 gallon poly tank • Potassium hydroxide 50% in a 25,000 gallon steel tank • Potassium hydroxide 50% (low iron) in a 6,200 gallon poly tank • Hydrochloric Acid 36.5% in a 25,000 gallon FRP tank • Sodium hypochlorite 12.5% in an 8,300 gallon poly tank and a 6,200 gallon poly tank • Citric Acid 50% in two 5,500 gallon poly tanks Tanks and Tanker Load out Area – This area shall be contained within itself for spillage and rainfall and adhere to the following: Concrete containment cells shall be engineered to handle the weight and volume of materials present in the storage tanks. The proposed system is designed to handle 110 percent of the capacity of the largest tank anticipated to be installed, which conforms to the requirements of the California Building Code and the California Fire Code. Tanks and tanker load out area and containment area shall be visually inspected on a daily basis. • Yard – The entire site has been designed to contain up to 3 inches of rainfall, stored in a depressed area of the site and the truck loading dock. The rainwater is prevented from leaving the site through a valve system. The rainwater, both on the site and in the tank containment area will be tested to assure that no contaminants are present. If there are contaminants, the water will be appropriately treated and retested to assure that they have been neutralized and that the water is safe. Once the water is determined to be safe, the valve is opened and the water will be pumped out to the storm water system. The project applicant has proposed an “occurrence database” to source all loss producing events such as -11- Initial Study for S-13-047 May 29, 2014 personal injury, spill, and fire or vehicle accident. Near misses are also to be recorded and investigated in the same system. These events shall be resolved as appropriate through an established “root cause analysis and corrective action (RCACA) process. Historical data shall be available upon request. To supplement these efforts, the applicant will incorporate a training program to include safety and environmental video training modules, instructed classroom training as well as tailgate safety meetings and on-the-job instruction. This shall be monitored through Brenntag’s “Pure Safety training software.” Modules are to include general awareness, hazard classification, shipping papers, marking and labeling, placarding, emergency response, and packaging selection in UN approved containers. Brenntag has a national contract with CURA Emergency Services. CURA has contracts with specialized local contractors throughout the nation. They are available to assist 24 hours per day, 365 days per year to clean up spills. Documentation and agreements shall be submitted to the City for their records. The project would equal or exceed 25,000 square feet of industrial space. Therefore, this project would need to comply with Rule 9510 from the San Joaquin Valley Air Pollution Control District (SJVAPCD). This Rule (also called Indirect Source Review or ISR) provides for incorporation of a wide range of mitigation measures into projects, and levies fees for pollutants generated by development projects, transportation and development projects. The fees are used to provide for regional air quality improvements and mitigations. Specifically, Rule 9510 requires that operational (traffic-associated) NOX and PM10 emissions be reduced by at least 33.3% and 45%, respectively, and construction equipment NOX and PM10 emissions of projects be reduced by at least 20% and 45%, respectively. After further review and consultation with the Air District, it was determined that the project, as proposed, is “Exempt from ISR because the project is a permitted facility.” However, the project shall adhere to the District’s adopted document titled Guidance for Valley Land-Use Agencies in Addressing GHG Emission Impacts for New Projects Under CEQA. The project has been required (as a mitigation measure) to comply with all of the requirements stipulated within the attached Chemical Storage Guidelines (Chapter 6: Prevention Program (Program 2) prepared by the National Association of Chemical Distributors (NACD) dated January 27, 1999, or its most current form. In addition, the project shall comply with all of the requirements stipulated within the Guidelines for Safe Warehousing of Chemicals prepared by the Center for Chemical Process Safety of the American Institute of Chemical Engineers National Association of Chemical Distributors (NACD) dated 1998, or its most current form. The Master Environmental Impact Report (MEIR) prepared for the 2025 Fresno General Plan requires that the most current version of URBEMIS (now known as CalEEMod) computer model be used to analyze development projects and estimate future air pollutant emissions that can be expected to be generated from operational omissions (vehicular traffic associated with the project), area-wide emissions (sources such as ongoing maintenance activities and use of appliances), and construction activities. According to the analysis conducted by First Carbon Solutions, the project would not exceed the SJVAPCD thresholds of significance during construction. This analysis is to also determine if the Brenntag project would result in significant air quality impacts from the following criteria pollutants and toxic air contaminants: ozone precursors (Reactive Organic Gases (ROG) and NOX; CO, SOX, both regulated categories of particulate matter, and the greenhouse gas carbon dioxide (CO2). The model incorporates geographically-customized data on local vehicles, weather, and SJVAPCD Rules. -12- Initial Study for S-13-047 May 29, 2014 The land use data provided in CalEEMod was for a project containing approximately 58,699 square feet of warehouse space, inclusive of covered canopies and a boiler room on 11.22 acres. The trip rates per day are as follows: 2-7 HD Truck deliveries to site (assumed 7 as worst case); 12-20 HD Truck shipments from site (assumed 20 as worst case); and 3 rail deliveries per week. The analysis also incorporates mitigation measures required by the City and feasibility incorporated at this stage of project analysis. These mitigations include watering of construction sites and unpaved construction roads three times daily and reducing speed on construction roadways. Project Construction Emissions [all data given in tons/year] ROG NOx CO SO2 PM10 PM2.5 CO2 Totals .85 4.18 2.82 3.76 .49 .34 347.5 Level of Significance 10 10 N/A N/A 15 15 N/A The analysis determined that the proposed project will not exceed the threshold of significance limits for regulated air pollutants. During the construction phase of this project grading and trenching on the site may generate particulate matter pollution through fugitive dust emissions. SJVAPCD Regulation VIII addresses not only construction and demolition dust control measures, but also regulates ongoing maintenance of open ground areas that may create entrained dust from high winds. The applicant is required to provide landscaping on the project site which will contain trees to assist in the absorbsion of air pollutants, reduce ozone levels, and curtail storm water runoff. Project Annual Operational Emissions [all data given in tons/year] ROG NOx CO SO2 PM10 PM2.5 CO2 Area .24 0.00 5.10 0.00 0.00 0.00 9.60 Mobile .07 .27 .88 1.46 .09 .02 121.30 Totals .33 .33 .93 1.80 .09 .03 371.83 Level of Significance 10 10 N/A N/A 15 15 N/A First Carbon Solutions used the SJVAPCD HRA Truck Screening Model to estimate health risk associated with the operation of diesel powered vehicles at the project site. The SJVAPCD toxic air contaminant (TAC) threshold of significance for project operations is an increase in cancer risk of 10 in a million. The result of the analysis show an increase in cancer risk at the nearest sensitive receptor of 1.88 in a million. Therefore, the project’s TAC impacts are less than significant.In summary, subject to compliance with existing policies, rules, and regulations, the proposed project will not significantly impact local air quality. The proposed project will not create additional air quality impacts beyond those already assessed the MEIR prepared for the 2025 Fresno General Plan and Plan Amendment No. A-09-002 to amend the Air Quality Element of the 2025 Fresno General Plan. The proposed project shall implement and incorporate, as appropriate, the air quality related mitigation measures as identified in the attached Project Specific Monitoring Checklist dated May 29, 2014, including but not limited to, compliance with all applicable regulations. -13- Initial Study for S-13-047 May 29, 2014 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? x b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? x c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? x d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? x e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? x f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? x The project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, -14- Initial Study for S-13-047 May 29, 2014 policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, because said species are not identified to be located within the project area and because the subject site was previously occupied by heavy industrial uses. There is no riparian habitat or any other sensitive natural community identified in the vicinity of the proposed project by the California Department of Fish and Game or the US Fish and Wildlife Service. No federally protected wetlands are located on the subject site; therefore, there would be no impacts to species, riparian habitat or other sensitive communities and wetlands. The project site is not located in an area containing native residents or migratory fish or wildlife species. The project site has no trees or other vegetation that could be considered a biological resource and thus the project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. The project area is not located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X The project is not proposing a change to a historical or archaeological resource. There are no buildings that will be demolished in the construction of the development. There are no known paleontological resources or human remains that exist within the project area; therefore there will be no change or disturbing of said resources/remains. However, previously unknown archaeological resources or human resources could be disturbed during project construction. However, measures contained within the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated May 29, 2014 will mitigate this potential impact to less than significant. The proposed project will implement and incorporate, as appropriate, the cultural resource related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated May 29, 2014, and thus the impacts to cultural resources will be less than significant. -15- Initial Study for S-13-047 May 29, 2014 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. x ii) Strong seismic ground shaking? x iii) Seismic-related ground failure, including liquefaction? x iv) Landslides? x b) Result in substantial soil erosion or the loss of topsoil? x c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? x d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? x e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? x Based on a review of aerial photographs, it appears that the site has not been under cultivation since at least 1992. There are no known geologic hazards or unstable soil conditions known to exist on the project site. Fresno has no known active earthquake faults and is not in any Alquist-Priolo Special Studies Zone. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards. The project does not involve the use of -16- Initial Study for S-13-047 May 29, 2014 a septic tank or an alternative waste water disposal system; therefore there is no impact to the soil. No adverse environmental effects related to topography, soils or geology are expected as a result of this project. The proposed project is required to comply with standard requirements and procedures mandated by the County of Fresno Department of Public Health, which include requirements and procedures for the abandonment/removal of water wells, septic systems or underground storage tanks that exist or have been abandoned within the project area. Brenntag conducts a site assessment “before any new facility is purchased or leased.” This indicated that there are no existing environmental hazards affecting the health of employees or the public. This was determined by a 50-year chain of title review, review of soil and geologic information and environmental inquiries to local regulatory agencies, including the following: Federal: • Occupational Safety & Health Administration • United States Department of Transportation • Federal Motor Carrier Safety Administration • Pipeline Hazardous Materials Safety Administration • Federal Railroad Administration • Environmental Protection Agency • Federal Insecticide, Fungicide, and Rodenticide Act • Food and Drug Administration • Department of Justice • Department of Homeland Security State: • California Occupational Safety & Health Administration • California Environmental Protection Agency • Consolidated Unified Program Agency • California Department of Justice • California Highway Patrol No adverse environmental effects related to topography, soils or geology are expected as a result of this project. Implementation of the mitigation measures listed in MEIR No. 10130 and the attached MEIR Mitigation Monitoring Checklist dated May 29, 2014 will reduce the topographic, soils and geologic impacts to less than significant. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GREENHOUSE GAS EMISSIONS -- Would the project: -17- Initial Study for S-13-047 May 29, 2014 a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? x b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? x The proposed project has been determined to have a less than significant impact on greenhouse gases based on the guidance established by the San Joaquin Valley Air Pollution Control District (District) in the adopted document titled Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. According to this document, projects can be determined to have a less than significant impact if they do any other the following: 1) Use a combination of District approved GHG Emission Reduction Measures to meet BPS; 2) Comply with an approved GHG plan or mitigation program; or 3) Reduce GHG emissions by at least 29%. The proposed project complies with an approved GHG Mitigation program (established through Plan Amendment Application No. A-09-02). Plan Amendment Application No. A-09-02, the Air Quality Amendment to the 2025 Fresno General Plan, adopted initial steps to address Fresno’s part in avoiding global climate change, through adoption of new Resource Element / Air Quality General Plan Objectives and Policies. The information in previously-cited CAPCOA and California Attorney General publications has been used as information resources for GHG mitigation. A new objective has been added to the Air Quality section of the Resource Conservation Element specifically calling for reduction in GHG emissions, with supporting policies and implementation measures. Utilizing a qualitative analysis approach, projects consistent with, and appropriately implementing, air pollution and GHG reduction policies, and which mitigate any potentially significant project-specific GHG impacts, will be deemed to conform to GHG reduction requirements and to contribute to the City’s overall GHG reduction goals. Periodic broad scale GHG modeling will be used to validate the efficacy of these measures and guide implementation and further rulemaking. The proposed project will be required to implement all relevant general plan policies related to GHGs. These policies will help to reduce this project’s potential GHG impact. One new policy adopted in the City’s Air Quality Plan Amendment is described below: Policy G-1B-b Increase efforts to incorporate GHG emission reductions in land use decisions, facility design, and operational measures subject to City regulation through implementation measures such as the following: (4) The City shall utilize guidance from the Institute for Local Government, California Attorney General’s Office, California Air Pollution Control Officers Association, and other sources of technical guidance in determining appropriate and feasible mitigation measures which may be incorporated into land use plans, development projects and City operations to achieve GHG emission reductions. The proposed project complies with this policy because it will comply with several of the measures detailed in the California Attorney General’s Office guidance document titled, The California Environmental Quality Act Mitigation of Global Warming Impacts at the Local Agency Level” (updated January 07, 2008). This document offers policy guidance on mitigating GHG emissions. One mitigation measure states that -18- Initial Study for S-13-047 May 29, 2014 projects should “create travel routes that ensure that destinations may be reached conveniently by public transportation, bicycling or walking”. The proposed project will be required to install curb, gutter, and sidewalks to Public Works Standard P-5; driveway approaches to Public Works Standard(s) P-2 and P-6; and construct permanent paving (measured from face of curb to the section line) per Public Works Standard P-50 that will provide ample pedestrian access to the site. Painted bike lanes are planned for most collectors and arterials. A lot of these lanes are already painted; however, the 2025 Fresno General Plan does not propose bicycle/pedestrian designated lanes adjacent to the project site. The closest bicycle/pedestrian trail is located south of the project site off North Hughes Avenue and then heading east on West Nielson Avenue. The proposed project will not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of greenhouse gas emissions, either directly or indirectly. Under the MEIR and General Plan mitigation measures and policies for reducing all forms of air pollution, levels of greenhouse gases will be reduced along with other regulated air pollutants. The proposed project will not affect greenhouse gas emissions beyond what was analyzed in the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan or by Plan Amendment Application No. A-09-02. In addition, the proposed project will implement and incorporate, as appropriate, the greenhouse gas related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated May 29, 2014, and thus the impacts will be less than significant. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. HAZARDS AND HAZARDOUS MATERIAL -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? x b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? x c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? x -19- Initial Study for S-13-047 May 29, 2014 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? x e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? x f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? x g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? x h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x The project is not expected to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. However, given the proximity to the railroad track and its intended use, there is a possibility that a spill or accident could occur, which creates a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment if precautions are not taken into account. In the event of an emergency, an Emergency Coordinator (EC) shall be designated to the proposed site to manage the response to hazardous materials/waste incidents resulting from fire, explosion, accidental release, natural disaster, or terrorist activities. This includes an Emergency Preparedness Contingency Plan (EPCP) developed in accordance with Title 40 of the Code of Federal Regulations (CFR) Part 262, Title 29 CFR Section 1910.120 and 1910.38, and California Environmental Protection Agency (CEPA) s.36 (1-3). An EPCP shall be developed for the project site to assist the EC or his/her designee(s) in determining appropriate response procedures. The project has been required (as a mitigation measure) to participate in a Local Emergency Planning Committee where local response agencies (fire department, public health department, hospitals, etc.) and the community (District 3 leaders and residents) are made aware of activities and controls that are in place to prevent and control any accidental release of a hazardous material. One example highlighted by the applicant includes “mock-drills” in conjunction with local fire departments to practice the project’s counter -20- Initial Study for S-13-047 May 29, 2014 measures. The project has been mitigated to comply with all of the requirements stipulated within the Chemical Storage Guidelines (Chapter 6: Prevention Program (Program 2) prepared by the National Association of Chemical Distributors (NACD) dated January 27, 1999, or its most current form. In addition, the project has been required (as a mitigation measure) to comply with all of the requirements stipulated within the Guidelines for Safe Warehousing of Chemicals prepared by the Center for Chemical Process Safety of the American Institute of Chemical Engineers National Association of Chemical Distributors (NACD) dated 1998, or its most current form. Storage tanks shall adhere to the following standards: • Steel and stainless steel tanks shall be built to American Petroleum Institute (API) or Underwriters Laboratories (UL) standards. • Fiberglass (FRP) tanks shall be built to the American Society for Testing and Materials (ASTM) 3299/4097 standards. • Poly tanks shall be built to the ASTM D1998 standard. • Storage tank system shall be designed to automatically alert the operators when 90% of tank capacity has been reached and to automatically prevent tank capacity from exceeding 95% capacity, as proposed. • Tanks shall have individual pumps for each material stored at the facility. • Hoses shall be tested at time of purchase and every six months afterwards. Hoses shall be visually inspected with every use for signs of non-compliance. Onsite containment will be as follows: Within the Building – The areas within the building where hazardous chemicals will be stored shall have a system of curbs, drains, and containment areas that will keep any spills on site and contained until they are appropriately tested, neutralized, and cleaned up. Engineering controls such as scrubbers will be installed to reduce hazardous vapors from affecting the employees and the surrounding areas. Rail Car/Truck Unloading – Liquid chemicals from trucks and railcars shall be offloaded into approved external bulk storage tanks. Those liquid chemicals arriving in trucks shall be offloaded in the tank storage load out area which is designed to contain any spills until they can be appropriately neutralized. Those liquid chemicals arriving by railcar shall be top offloaded into the bulk storage tanks, a process which is designed to help eliminate any catastrophic spills. As a further precautionary measure, the company shall place large plastic bins under the railcar connections to collect any accidental spillage. The external tanks will shall be used for the storage of the following bulk liquids: • Sodium hydroxide 50% in a 25,000 gallon steel tank • Sodium hydroxide 50% (low iron) in a 6,200 gallon poly tank • Potassium hydroxide 50% in a 25,000 gallon steel tank • Potassium hydroxide 50% (low iron) in a 6,200 gallon poly tank -21- Initial Study for S-13-047 May 29, 2014 • Hydrochloric Acid 36.5% in a 25,000 gallon FRP tank • Sodium hypochlorite 12.5% in an 8,300 gallon poly tank and a 6,200 gallon poly tank • Citric Acid 50% in two 5,500 gallon poly tanks. Tanks and Tanker Load out Area – This area shall be contained within itself for spillage and rainfall and adhere to the following: Concrete containment cells shall be engineered to handle the weight and volume of materials present in the storage tanks. The proposed system is designed to handle 110 percent of the capacity of the largest tank anticipated to be installed, which conforms to the requirements of the California Building Code and the California Fire Code. • Tanks and tanker load out area and containment area shall be visually inspected on a daily basis. Yard – The entire site has been designed to contain up to 3 inches of rainfall, stored in a depressed area of the site and the truck loading dock. The rainwater is prevented from leaving the site through a valve system. The rainwater, both on the site and in the tank containment area will be tested to assure that no contaminants are present. If there are contaminants, the water will be appropriately treated and retested to assure that they have been neutralized and that the water is safe. Once the water is determined to be safe, the valve is opened and the water will be pumped out to the storm water system. In addition to containment measures proposed by the project applicant, an “occurrence database” to source all loss producing events such as personal injury, spill, and fire or vehicle accident has been proposed. Near misses are also to be recorded and investigated in the same system. These events shall be resolved as appropriate through an established “root cause analysis and corrective action (RCACA) process.” Historical data shall be available upon request. In the event of an unavoidable emergency situation, Brenntag has a national contract with CURA Emergency Services. CURA has contracts with specialized local contractors throughout the nation. They are available to assist 24 hours per day, 365 days per year to clean up spills. To supplement this effort, the project applicant shall incorporate a training program which includes safety and environmental video training modules, instructed classroom training as well as tailgate safety meetings and on-the-job instruction. This shall be monitored through Brenntag’s “Pure Safety training software.” Modules are to include general awareness, hazard classification, shipping papers, marking and labeling, placarding, emergency response, and packaging selection in UN approved containers. The applicant shall comply with an established Illness and Injury Prevention Program to prevent workplace accidents, illness, and injuries. Each branch’s program is tailored to be site specific and shall include the following provisions: • Program administrator responsible for implementing and maintaining the program; • Scheduled and unscheduled safety inspections; • Hazard assessment process to analyze any new substance, procedure or equipment introduced into the workplace and develop appropriate controls; • Safety Suggestion Box; • Comprehensive incident investigation to include all accidents and near misses; • Branch specific safety rules; • Appropriate training; • Safety meetings; and -22- Initial Study for S-13-047 May 29, 2014 A process to ensure compliance with all elements of the program. Additional safety policies, procedures and work instructions, include, but are not limited to: • Hazard Communications/Workplace Health and Safety Information System • Use of Personal Protective Equipment • Respiratory Protection • Access Requirements for Contractors at Company Sites • Commercial Carrier Qualifications • Forklift Operations and Safety Practices • Permit-Required Confined Spaces • Lock Out / Tag Out Procedures • Emergency Response and Communications • Facility Inspection and Maintenance • Vehicle Inspection and Maintenance • Safe Loading and Unloading (Bulk and Non-bulk) • Safe Product Storage • Safe Transportation and Delivery • Driver Qualification Process • Site and Transportation Security • Specific work instructions for critical tasks The County of Fresno Department of Public Health has recommended conditions of approval be added to the project, which will also be incorporated prior to operation. This includes the applicant completing the online hazardous Materials Business Plan submittal. Additionally, all hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code, Division 20, Chapter 6.5. This chapter further discusses proper labelling, storage and handling of hazardous wastes. The project has been required (as a mitigation measure) to obtain or prepare the following permits, registrations, and plans: • San Joaquin Valley Air Quality Management District Air Permit • Consolidated Unified Program Agency Permit • California Highway Patrol Hazardous Materials Permit • California Department of Justice Precursor Chemical Permit • Pipeline and Hazardous Materials Safety Administration Hazardous Materials Shipper/Carrier Permit • Federal Highway Administration Operating Authority Permit • Environmental Protection Agency Federal Insecticide, Fungicide and Rodenticide Act Registrations • Occupational Health and Safety Administration Air Pressure Vessel Permit • California Department of Agriculture Feed and Fertilizer Permit • Storm Water Permit • A Storm Water Pollution Prevention Plan • Monitoring Program Plan -23- Initial Study for S-13-047 May 29, 2014 Brenntag is regulated through a variety of Federal, State, and non-governmental programs: Federal: • Occupational Safety & Health Administration • United States Department of Transportation • Federal Motor Carrier Safety Administration • Pipeline Hazardous Materials Safety Administration • Federal Railroad Administration • Environmental Protection Agency • Federal Insecticide, Fungicide, and Rodenticide Act • Food and Drug Administration • Department of Justice • Department of Homeland Security State: • California Occupational Safety & Health Administration • California Environmental Protection Agency • Consolidated Unified Program Agency • California Department of Justice • California Highway Patrol Non-Governmental Programs: • American Institute of Baking (food safety) • International Standards Organization ISO 9001:2008 (quality management systems) • National Association of Chemical Distributors (chemical distribution safety and compliance) • National Sanitation Foundation (drinking water safety) With mitigation proposed the proposed project will not create impacts beyond those already assessed in the MEIR prepared for the 2025 Fresno General Plan and Plan Amendment No. A-09-002 to amend the Air Quality Element of the 2025 Fresno General Plan. The project site is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The closest school is approximately ½ mile or 2,090 feet from the project site. Although the project area is located within an airport land use plan (Fresno-Chandler Downtown Airport Master and Environs) and traffic pattern zone of FCEA, the project will not expose people residing or working in the project area to excessive noise levels from the airport because the proposed project is simply in the airport review area and is not within an identified noise contour identified by the airport land use plan. The project has been reviewed by the Department of Airports and it has been determined that the project will not result in a safety hazard for people residing or working in the project area. The project is also not -24- Initial Study for S-13-047 May 29, 2014 within the vicinity of a private airstrip, therefore, it would not result in a safety hazard for people residing or working in the project area. The project will not interfere with an adopted emergency plan. The project area is not located near a wildland area or an SRA; therefore the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires. The proposed project shall implement and incorporate, as appropriate, the hazards and hazardous materials related mitigation measures as identified in the attached Project Specific Monitoring Checklist dated May 29, 2014, including but not limited to, compliance with all applicable regulations. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? x b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? x c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? x d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? x e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? x -25- Initial Study for S-13-047 May 29, 2014 f) Otherwise substantially degrade water quality? x g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? x h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? x i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? x j) Inundation by seiche, tsunami, or mudflow? x The City's Department of Public Utilities has determined that water facilities are available to provide service to the subject site as long as any on-site wells are sealed and abandoned and installation of water service and meter box is in place. The City of Fresno has a capital improvement project to construct a 16-inch transmission water main in North Hughes Avenue, fronting the proposed development. The project is scheduled to be constructed in 2015. As such, the applicant will not be required to construct a 16-inch water main in North Hughes Avenue from the existing 14-inch main located in West Nielson Avenue north across the project frontage; however, the applicant will be required to install hydrants, water service and meter box, private on-site water facilities, and seal and abandon any existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. The Department of Public Utilities has, as a standard condition of approval, required the developer to incorporate water use efficiency measures into the project and has required that the developer provide a detailed water usage analysis identifying water fixture, landscape, and laundry efficiencies to document water conservation design characteristics. The Fresno Metropolitan Flood Control District (District) bears responsibility for storm water management within the Fresno-Clovis metropolitan area, including the area of the project site. Within the metropolitan area, storm runoff produced by land development is to be controlled through a system of pipelines and storm drainage retention basins. The proposed project lies within the District's Drainage Area "ZZ". The community has developed and adopted a Storm Drainage and Flood Control Master Plan. Each property is required to contribute its pro-rata share to the cost of the public drainage system. It is this form of participation in the cost and/or construction of the drainage system that will mitigate the impact of development. Effected subject properties shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such approval. -26- Initial Study for S-13-047 May 29, 2014 The District requires that the storm drainage patterns for the proposed project conform to the District's Master Plan. The District will need to review and approve all improvement plans for any proposed grading, construction of curb and gutter or storm drainage facilities for conformance to the Master Plan within the project area. The District has indicated that permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlets. The proposed development does not appear to be located within a flood prone area. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed though landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. The entire site has been designed to contain up to three (3) inches of rainfall, stored in a depressed area of the site and the truck loading dock. The rainwater is prevented from leaving the site through a valve system. The rainwater both on the site and in the tank containment area will be tested to assure that no contaminants are present. If there are contaminants, the water will be appropriately treated and retested to assure that they have been neutralized and that the water is safe. Once the Flood Control District determines that the water is safe, the valve is opened and the water pumped out to the storm water system. Construction activity, including grading, clearing, grubbing, filling, excavation, development or redevelopment of land that results in a disturbance of one (1) acre or more of the total land area, or less if part of a larger plan of development or sale, must secure a storm water discharge permit in compliance with the U.S. Environmental Protection Agency's National Pollutant Discharge Elimination System regulations (CFR Parts 122-124, Nov. 1990). The permit must be secured by filing a Notice of Intent for the State General Permit for Construction Activity with the State Water Resources Control Board. The notice must be filed prior to the start of construction. Copies of the State General Permit and Notice of Intent are available at the District. The project will not place housing or other structures within a 100-year flood hazard area. The project’s final improvement plans will be reviewed by the Fresno Metropolitan Flood Control District for conformance with the Storm Drainage and Flood Control Master Pan, and will, therefore, not expose people to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. The project area is considerably built-out, and urban, and therefore not prone to seiche, tsunami or mudflow. The mitigation measures of Master EIR No. 10130 are incorporated herein by reference and are required to be implemented by the attached mitigation monitoring checklist dated May 29, 2014. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. LAND USE AND PLANNING - Would the project: -27- Initial Study for S-13-047 May 29, 2014 a) Physically divide an established community? x b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? x c) Conflict with any applicable habitat conservation plan or natural community conservation plan? x The project will be constructed on an approximately 11.63 acre site. The proposed M-3 zone district is consistent with the planned land use of heavy industrial pursuant to Section 12-403-B-1 of the Fresno Municipal Code. As discussed above, the proposed project is consistent with the 2025 Fresno General Plan and Edison Community Plan and Fresno Municipal Code Section 12-228, the "M-3" (Heavy Industrial) zone district. The proposed project will not physically divide an established community given that the proposed industrial development will be located on property that has been used for industrial purposes for decades (approximately 30 years). The proposed project will not conflict with any applicable land use plan, policy, or regulation. The proposed use is specifically allowed in the proposed zone district and will be required to comply with all codes and regulations. The proposed project is in compliance with several goals and policies contained in both the 2025 Fresno General Plan (General Plan) and the Edison Community Plan. For example, Objective C-13 of the 2025 Fresno General Plan is to plan and support industrial development to promote job growth while enhancing Fresno’s urban environment. A variety of subcontractors will be working at the project site. Many of their employees and suppliers are located in or in close proximity to District 3. For reference, see attached list of subcontractors, which includes number of employees, suppliers, estimated wages and related payroll, and product valuation as it relates to purchases taking place within District 3. Supporting policy C-13-i is intended to provide sufficient opportunities for heavy industrial planned uses in areas that are accessible from major transportation corridors, and where land use compatibility issues, health and safety concerns and public facility and service needs can be addressed to ensure stability of economic investments and opportunities for growth. The proposed project will meet the intent of these objectives and policies because the proposed project will integrate well into the existing surrounding industrial uses. Similarly, the goals of the Edison Community Plan are directed toward providing a framework for public and private actions which will stimulate the long-term balanced growth of the community. In order to achieve this overall purpose there are three primary objectives: (1) Stimulate growth in the Edison Community by improving the quality of the environment and the strategic provision of public facilities improvements; and (2) Stimulate an increase of income levels throughout the Edison Community through programs of -28- Initial Study for S-13-047 May 29, 2014 economic and employment development. Therefore, it is staff’s opinion that the proposed site plan review application is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. The proposed project is found; (1) To be consistent with the goals, objectives, and policies of the applicable 2025 Fresno General Plan and Edison Community Plan; (2) To be suitable for the type and density of development; (3) To be safe from potential cause or introduction of serious public health problems; and, (4) To not conflict with any public interests in the subject site or adjacent lands. No habitat conservation plans or natural community conservation plans in the region pertain to the natural resources that exist on the subject site or in its immediate vicinity. Therefore, there would be no impacts. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? x b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? x The subject property is not located in an area designated for mineral resource preservation or recovery and will, therefore, not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. The subject site is not delineated on a local general plan, specific plan or other land use plan as a locally-important mineral resource recovery site and will, therefore, not result in the loss of availability of a locally-important mineral resource. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? x -29- Initial Study for S-13-047 May 29, 2014 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ` x c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? x d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? x e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? x f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? x The proposed project will not expose persons to excessive noise levels. Although the project will create additional activity in the area and will be located adjacent to a railroad track, the project will be required to comply with all noise policies from the 2025 Fresno General Plan and noise codes from the Fresno Municipal Code. Policy H-1-d of the 2025 Fresno General Plan states that “the city shall require an acoustical analysis in those cases where a project potentially threatens to expose existing or proposed noise-sensitive land uses to excessive noise levels. The presumption of potentially excessive noise levels shall be based on the location of new noise-sensitive uses to known noise sources or staff's professional judgment that a potential for adverse noise impacts exists”. Because of the project’s location abutting railroad tracks and being located within an established heavy industrial area, staff did not require the applicant to prepare an acoustical analysis. There will be a temporary increase in noise levels during construction of the project; however, the applicant will be required to comply with all applicable codes and regulations during construction. Construction noise will be reduced through the implementation of a Fresno Municipal Code requirement that limits construction days and times. In addition, the construction of the proposed project is subject to standard rules and regulations that are incorporated into the project that will minimize potentially significant short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. As part of the project, construction specifications for the project will require that all construction equipment be maintained according to the manufacturers’ specifications, and that noise generating construction equipment is equipped with mufflers. Therefore, there will be a less than significant impact for temporary noise levels. Although the project area is located within an airport land use plan (Fresno-Chandler Downtown Airport Master and Environs) and traffic pattern zone of FCEA, the project will not expose people residing or -30- Initial Study for S-13-047 May 29, 2014 working in the project area to excessive noise levels from the airport because the proposed project is simply in the airport review area and is not within an identified noise contour identified by the airport land use plan. Based on the above analysis, exposure to noise levels in excess of standards established in the general plan and noise ordinance is not expected and impacts related to noise will be less than significant. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X The proposed project will not substantially induce population growth because the project is being proposed as an industrial use consistent with the 2025 Fresno General Plan and Edison Community Plan. The project will not displace existing housing; therefore it will not necessitate the construction of replacement housing. The project will not displace any people; therefore there is no need for replacement housing. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. PUBLIC SERVICES -- a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: -31- Initial Study for S-13-047 May 29, 2014 Fire protection? x Police protection? x Drainage and flood control? x Parks? x Schools? x Other public services? x The subject site is located approximately 1/2 miles from Fire Station #19 and is within the City of Fresno police area. The fire department has required on-site fire hydrants with a flow of 1,500 GPM with a minimum eight (8) inch water main. Further, the existing private water system for this property has been out of service for several years and it would be highly impractical to place it back into service. The existing current public water main will need to be extended to the front of the property (approximately 1,000 feet). All required fire access lanes shall be provided and maintained with an approved ‘all weather’ surface capable of supporting 80,000 ib. vehicles (minimum four (4) inch of base rock over compacted or undisturbed native soil or per approved engineered plans). Year-round and with twenty-four (24) feet minimum width or other approved method that would prevent shoulder degradation. Therefore, police and fire protection services are available to serve the subject site. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that the FMFCD system could accommodate the proposed site plan review application and permanent drainage service is available. The demand for parks generated by the project will be within planned service levels of the City of Fresno Parks and Community Services Department and the applicant will pay any required impact fees at the time building permits are obtained. Any new commercial/industrial development occurring as a result of the proposed project will have an impact on the School District’s student housing capacity. The School District, through local funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50 Level 1, 2 and 3 developer fee legislative provisions. The developer will pay appropriate impact fees at time of building permits. The Fresno Unified School District levies a commercial/industrial development fee of $0.51 per square foot. The proposed office space would be subject to the commercial rate of development fees. However, the proposed warehouse space would be exempt from fees if the space is used exclusively for storage and does not result in an increased number of employees. The new development on the property will be subject to the development fee prior to issuance of a building permit. The Department of Public Utilities has reviewed the site plan review application and has determined that sewer and water facilities are available to provide service to the subject site subject to several conditions discussed earlier. Therefore, the proposed project will not affect public services beyond what was analyzed in the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan. -32- Initial Study for S-13-047 May 29, 2014 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? x b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? x The proposed project will not result in the physical deterioration of existing parks or recreational facilities; and, will not require expansion of existing recreational facilities or affect recreational services beyond what was analyzed in the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan given that the project is proposing a development intensity that was analyzed by the 2025 Fresno General Plan. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. TRANSPORTATION/TRAFFIC -- Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? x b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures or other standards established by the county congestion management agency for designated roads or highways? x -33- Initial Study for S-13-047 May 29, 2014 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? x d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? x e) Result in inadequate emergency access? x f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? x The Public Works Department reviewed the proposed project and determined that a traffic study is not required because the proposed project would generate a count of 213 Average Daily Trips (A.D.T.), based upon code 150 and 710 (ITE) of the Institute of Transportation Engineers’ Trip Generation manual. Thus, the proposed project is not expected to generate traffic which would significantly impact any nearby roads. Therefore, the project would have a less than significant impact and not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system, or in a substantial increase in vehicle miles traveled. The proposed project will not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system because the project would not result in increasing the level of service beyond the level allowed by the 2025 Fresno General Plan. The proposed project will not conflict with a congestion management program. The project proposes industrial development and will, therefore, not result in a change in air traffic patterns. The proposed project will not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses. The Public Works Department, Traffic Engineering Division, and the Department of Transportation - District 6 has reviewed the proposed project and potential traffic related impacts for the site plan review application 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. Furthermore, it is anticipated that this development would impact State facilities along State Route (SR) 180 at Marks Avenue however this interchange is relatively new and has adequate capacity to accommodate any traffic. It is also anticipated that this development would impact State facilities along SR 99 at Belmont Avenue however there is currently no planned improvement at this location. Therefore, the project will mitigate any traffic-related impacts by paying into the City of Fresno’s TSMI program as well as the Fresno RTMF. The proposed project will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The project has been reviewed by the Fresno Fire Department and it has been determined that the proposed project will not result in inadequate emergency access as discussed earlier in this document. -34- Initial Study for S-13-047 May 29, 2014 The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. Therefore, no substantial increase in transportation or traffic is expected to result from the proposed project. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. UTILITIES AND SERVICE SYSTEMS - - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? x b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? x e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? x f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? x g) Comply with federal, state, and local statutes and regulations related to solid waste? x -35- Initial Study for S-13-047 May 29, 2014 The project site will be serviced by the Solid Waste Division and have water and sewer facilities available subject to several conditions. The proposed project is not expected to exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board and will not result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, therefore no significant environmental effects can result from the construction of said facilities. The project plans will be reviewed by the Fresno Metropolitan Control District, therefore the construction of any required storm water drainage facilities will not cause significant environmental effects. Sufficient water supplies are available to serve the project from existing resources and no new or expanded entitlements are needed. The project will generate a minimal amount of wastewater and solid waste and will, therefore, not have significant wastewater or landfill impacts. Any demolition material generated by construction activities will be disposed of properly; therefore the project will comply with federal, state and local statues related to solid waste. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? x b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x The project is proposed at a size and scope which does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population -36- Initial Study for S-13-047 May 29, 2014 to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; additionally, the project site is located within an area, which has been predominantly developed with urban uses. Additionally, there are no fish or wildlife species, plant or animal community, located within the project area. There is no evidence in the record to indicate that the increment of environmental impacts that would be potentiated by this project would be cumulatively significant. There is also no evidence in the record that the proposed project would have any adverse impacts directly, or indirectly, on human beings. Therefore, there are no mandatory findings of significance. CAO033010 -37- EXHIBIT C MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) REVIEW SUMMARY Projected Population and Housing. The City of Fresno experienced a period of notable growth in the construction of single family residences over the first five-year period of the 2025 Fresno General Plan (2003 through 2007). However, this development has occurred within the parameters anticipated by the General Plan and the mitigation measures established by Master Environmental Impact Report (MEIR 10130/SCH 2001071097). The General Plan and its MEIR utilized a projected population growth rate for purposes of land use and resource planning. This projection anticipated an annual average population growth of approximately 1.9 percent over the 23-year planning period. Population estimates provided by the State of California Department of Finance (DOF) indicate a population growth of approximately 60, 000 people between 2002 and 2007 with a growth rate varying from 1.47 to 1.97 percent per year. These estimates are well within the growth projections of the General Plan and MEIR. As of May 2013, the City has processed 136 plan amendment applications since the adoption of the 2025 Fresno General Plan. These applications have resulted in changes of planned land use that affected approximately 1,586 acres, representing approximately one percent of the land area within the 2025 Fresno General Plan boundary. The impacts of these amendments are minimal and not significant in relation to the balance of the density and intensity of the land uses impacted by the plan amendment applications. Based upon this, many of the assumptions relied upon for the MEIR to address other impacts, such as traffic, air quality, need for public utilities, services and facilities and water supplies are still valid to the extent that these assumptions relied upon projected population growth during the General Plan planning period. For this reason and the others provided below, the Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known pursuant to CEQA Guideline Section 15179(b)(1) and the MEIR may still be relied upon. Transportation and Circulation. Subsequent to the certification of the MEIR the City of Fresno has required the preparation of approximately 200 site specific traffic impact studies and had required the provision of street, intersection signalization and transportation improvements in accordance with the adopted mitigation measures of the MEIR. The City’s Traffic Engineer reports that through review of these approximately 200 traffic impact studies, the City has not seen traffic counts substantially different than those predicted by the MEIR. Concurrently with these efforts, the City adopted a new program for traffic signal and major street impact fees to pay for planned improvements throughout Fresno (not just in new growth areas, as has been the case with the previous impact fee program). These fees will more comprehensively provide for meeting transportation infrastructure needs and will expedite reimbursement for developments, which construct improvements that exceed the project’s proportionate share of the corresponding traffic or transportation capacity needs. In addition to the local street system, the City has entered into an agreement with the California Department of Transportation to collect impact fees for state highway facilities which may be impacted by new development projects. The City participates in the Fresno County MEIR REVIEW SUMMARY Page 2 Transportation Authority, which recently was successful in obtaining voter re-authorization of a half-cent sales tax to be dedicated to a wide range of transportation facilities and programs (including mass transit). The City is also an active participant in ongoing regional transportation planning efforts, such as a freeway deficiency study, a corridor study for one or more additional San Joaquin River crossings, and the State’s “Blueprint for the Valley” process. All these studies were commenced after the MEIR was certified, but none of them is yet completed. Therefore, it cannot be concluded that Fresno’s environmental setting or the MEIR analysis of traffic and circulation have materially changed since November of 2002. Therefore, Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known based upon traffic impacts pursuant to CEQA Guideline Section 15179(b)(1). Air Quality and Global Climate Change Staff has worked closely with the regional San Joaquin Valley Air Pollution Control District (SJVAPCD) since the November 2002 certification of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR). Potential air quality impacts have been analyzed for every environmental assessment initial study done for City development projects. Projects are required to comply with SJVAPCD rules and regulations via conditions of approval and mitigation measures formulated in the MEIR. Overall, revisitation of these issues leads to the conclusion that, while there have been changes in air quality laws, planning requirements, and rules and regulations since certification of the MEIR, the actual environmental setting has not evidenced degradation of air quality. (Because air quality and global climate change are matters of some public controversy, additional documentation has been supplied on this issue; please refer to the appended full analysis with supporting data.) In conjunction with SJVAPCD attainment plans and attendant rules and regulations that were adopted prior to the certification of the MEIR, policies in the 2025 Fresno General Plan and MEIR mitigation measures aimed at improving air quality appear to be working. Since 2002, data show that pollutant levels have been steadily decreasing for ozone/oxidants and for particulate matter (10 microns and 2 microns in size). Recent adoption of new air quality attainment plans by SJVAPCD, calling for broader and more stringent rules and regulations to achieve compliance with national and state standards, is expected to accelerate progress toward attainment of clean air act standards. Analysis of global climate change analysis was not part of the MEIR in 2002, due to lack of scientific consensus on the matter and a lack of analytical tools. However, under the MEIR and General Plan mitigation measures and policies for reducing all forms of air pollution, levels of greenhouse gases have been reduced along with the other regulated air pollutants. At this point in time, detailed analysis and conclusions as to the significance of greenhouse gas emissions and strategies for mitigation are still not feasible, because the legislatively-mandated greenhouse gas inventory benchmarking and the environmental analysis policy formulation tasks of the California Environmental Protection Agency Air Resources Board and the Governor’s Office of Planning and research are not completed. The information available does not support any conclusion that Site Plan Review Application No. S-13-047 or other City projects would have a significantly adverse impact on global climate change. Similarly, there is insufficient information to conclude that global climate change would have a significantly adverse impact upon the City of Fresno or specific development projects. MEIR REVIEW SUMMARY Page 3 Staff is not aware of any particular circumstance or information that would make impacts to air quality a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Therefore, Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known based upon air quality impacts pursuant to CEQA Guideline Section 15179(b)(1). Water Supply, Quality and Hydrology. The City of Fresno has initiated, continued and completed numerous projects addressing general plan and MEIR provisions relating maintaining an adequate supply of safe drinking water to serve present and future projected needs. A water meter retrofit program to meter service to all consumers by the end of the year 2012 is underway, in compliance with State law that predated the MEIR and with new regulations affecting the U.S. Bureau of Reclamation Central Valley Project. (While the federal regulation has trumped a voter-approved City charter amendment that specifically prohibited using meters for residential development, the City’s plans and policies have always contained measures calling for water conservation and for seeking ways to reduce average consumption of households. Metering is recognized as the best implementation measure for this, and does not constitute a change in the City’s environmental setting or the analysis and mitigation in the 2025 Fresno General Plan MEIR.) After certification of the MEIR, the City commenced operation of its northeast area surface water treatment facility; initiated and began construction of additional groundwater wells with granular activated carbon filtration systems as necessary to remediate groundwater contamination that was discussed in the MEIR and its mitigation measures; provided for additional groundwater recharge areas; and expanded its network of water transmission main pipeline improvements allowing for improved distribution of water supply. As called for in 2025 General Plan policies and MEIR mitigation measures, the City has implemented several programs for preventing water pollution: In conjunction with Fresno Metropolitan Flood Control District and the Regional Water Quality Control Board (RWQCB) City inspectors assist in enforcing the National Pollutant Discharge Elimination System Stormwater Pollution Prevention regulations, The Planning and Development Department also consults with RWQCB on specific development projects which may require on-site wastewater treatment, and provides project-specific conditions and even supplemental environmental analysis for such projects, with specific mitigation measures. The City’s Department of Public Utilities has enhanced its industrial pretreatment permitting program for industrial wastewater generators who discharge to the Fresno-Clovis Wastewater Treatment and Reclamation Facility. Staff is not aware of any particular circumstance or information that would make impacts to water supply, quality and hydrology a reasonably foreseeable impact or more severe impact from that identified in the MEIR. The Director of Public Utilities finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known based upon traffic impacts pursuant to CEQA Guideline Section 15179(b)(1). Agricultural Resources. The implementation of applicable policies since adoption of the 2025 Fresno General Plan has encouraged the development of urban uses in a more systematic pattern that avoids discontinuity and the creation of vacant by-passed properties. These efforts, together with the requirement to record “right-to-farm” covenants, facilitate the continuation of existing agricultural uses within the city’s planned urban growth boundary during the interim period preceding orderly development of the property as anticipated by the General Plan. Staff is not aware of any particular circumstance or information that would make impacts from loss of MEIR REVIEW SUMMARY Page 4 agricultural resources a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of agricultural resources pursuant to CEQA Guideline Section 15179(b)(1). Demand for Utilities and Service Systems. The City of Fresno has continued to provide for utilities and service systems commensurate with the demands of increased population and employment within its service area, implementing policies of the 2025 Fresno General Plan and conforming to MEIR mitigation measures. Programmatic measures have been continued, expanded or initiated to increase the efficiencies of providing services in a manner that will reduce potential impacts upon the natural and human environment. These improvements have included bringing the City’s first surface water treatment plant on-line to distribute treated surface water, thereby preventing a worsening of groundwater overdraft in northeast Fresno; converting a substantial portion of the City’s service vehicle fleet to alternative fuels; and expanding recycling and conservation measures (including contracting with a major material sorting and recycling facility and a green waste processor to comply with AB 939 solid waste reduction mandates) to more judiciously use resources and minimize adverse impacts the environment. Adoption of City-wide police and fire facility development impact fees and a contract to consolidate fire service with an adjacent fire prevention district have been accomplished to assure the provision of adequate firefighting capacity to serve a broader geographic extend of urban development and more intensive and mixed-use development throughout the metropolitan area. Because these changes were anticipated in, or provided for by, the 2025 Fresno General Plan and its MEIR mitigation measures, they do not constitute a significant or adverse alteration of Fresno’s environmental setting. Staff is not aware of any particular circumstance or information that would make impacts from increased demand for utilities and service systems and public facilities a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to increased demand for utilities, service systems, and public facilities pursuant to CEQA Guideline Section 15179(b)(1). Demand for Recreational Facilities. The City of Fresno has adopted and City-wide parks facility and Quimby Act fee which provides for the acquisition of new open space and recreation facilities as well as improvements to existing facilities and programs to provide a broader range of recreation opportunities. Staff is not aware of any particular circumstance or information that would make impacts from increased demand for recreational facilities a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to increased demand for utilities, service systems, and public facilities pursuant to CEQA Guideline Section 15179(b)(1). Biological Resources. The City continues to evaluate all development proposals for potential impacts upon natural habitats and associated species dependent upon these habitats. The City supports continuing efforts to acquire the most prominent habitats where appropriate, such as portions of the San Joaquin River environs. When development or public works projects have been proposed in this area, they have been subject to site-specific evaluation through MEIR REVIEW SUMMARY Page 5 supplemental environmental analyses, and appropriate mitigation measures and conditions applied as derived from consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Game. The City has imposed MEIR mitigation measures related to Biological Resources on projects that identified potential impacts to biological resources. Staff finds that this has adequately addressed any potential impact to biological resources. Staff is not aware of any particular circumstance or information that would make impacts from loss of biological resources a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of biological resources pursuant to CEQA Guideline Section 15179(b)(1). Potential Disturbance of Cultural Resources. The City of Fresno has implemented numerous efforts to identify historic and cultural resources, and provide thorough consideration as to their value and contributions to understanding or historic and cultural heritage. Additionally, staff follows the MEIR mitigation measures for potential cultural resources. Staff is not aware of any particular circumstance or information that would make impacts to cultural resources a reasonably foreseeable impact that was not identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of cultural resources pursuant to CEQA Guideline Section 15179(b)(1). Within the last five years, the City has lost two lawsuits (Valley Advocates v. COF and Heritage Fresno v. RDA, City of Fresno) related to historical resources that related to six particular buildings at two different particular sites. The CEQA projects at issue were reviewed under independent CEQA documents, not under the MEIR as subsequent projects (i.e., one under a separate EIR and one under a categorical exemption). These projects are site specific and are not reasonably expected to create additional impacts to cultural resources that would affect a finding under Section 15179. These particular projects may be properly assessed under the MEIR focused EIR procedures or mitigated negative declaration procedures under Section 15178 and not affect the overall MEIR findings. Generation of Noise. The City of Fresno continues to implement mitigation measures and applicable plan policies to reduce the level of noise to which sensitive noise receptors are exposed. These efforts include identification of high noise exposure areas, limiting the development of new noise sensitive uses within these identified areas and conducting noise exposure studies and requiring implementation of appropriate design measures to reduce noise exposure. Staff finds that these efforts have adequately addressed any potential impacts that may have arisen related to noise and is not aware of any facts or circumstance that would make noise impacts have a more severe impact than that identified in the MEIR. Additionally, staff is not aware of any information or data that was not known at the time that the MEIR was certified that would be able to mitigate noise impacts beyond that identified and contemplated by the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to noise impacts pursuant to CEQA Guideline Section 15179(b)(1). MEIR REVIEW SUMMARY Page 6 Geology and Soils. The City of Fresno has a predominantly flat terrain with few geologic or soil quality constraints. The City continues to apply applicable local and state construction codes and standards and continues to adopt new standards as appropriate to insure the safety of residents and protection of property improvements. Staff finds that these codes and standards have adequately addressed any potential impacts that may have arisen related to geology and soils and is not aware of any facts or circumstance that would make impacts related to geology and soils a reasonably foreseeable impact not addressed in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known regarding impacts related to geology and soils pursuant to CEQA Guideline Section 15179(b)(1). Hazards and Potential Generation of Hazardous Materials The City continues to implement General Plan policies and assure compliance with MEIR mitigation measures as new development is planned and constructed, and as Code Enforcement activities are conducted, in order to prevent flood damage, structural failures due to soil and geologic instability, and wildfire losses. Development in the vicinity of airports has been reviewed and appropriately conditioned with regard to adopted and updated airport safety and noise policies. In consultation with Fresno County Environmental Health and the California Environmental Protection Agency Department of Toxic Substances Control, industrial and commercial facilities that use, handle, or store potentially hazardous materials are appropriately sited, conditioned, and inspected periodically by the Fresno Fire Department to prevent adverse occurrences. Homeland Security regulations have been taken into consideration when reviewing food production, processing and storage facilities, and the City has conducted and participated in multiple emergency response exercises to develop response plans that would protect life, health, and safety in the event of railroad accidents and other potential hazards. Staff finds that these procedures, as outlined in the 2025 Fresno General Plan and its MEIR (as well as in related regulations and codes pertaining to hazards and hazardous materials) have adequately addressed potential impacts that may have arisen related to hazards. Staff is not aware of any facts or circumstance that would make impacts related to hazards and hazardous materials reasonably foreseeable impacts not addressed in the MEIR. Staff finds that the circumstances have not materially changed from the time the MEIR was certified and/or new information is not known related to impacts from hazards and hazardous materials pursuant to CEQA Guideline Section 15179(b)(1). Demand for Energy. The City of Fresno has taken a number of steps to reduce energy consumption, both “in house” to set an example, and in the policy arena. The most notable “in- house” actions are the following: • Construction of solar panel generator facilities at the Municipal Services Center (MSC) and at Fresno-Yosemite International Airport. The MSC facility, completed in 2004, generates 3.05 GWt of energy (equivalent to operation of 286 homes per year) and has resulted in reduction of 966 tons of CO 2 emissions (equivalent to 2,414,877 vehicular miles not driven). • Replacement of a significant number of vehicles in the municipal fleet with clean air vehicles (please refer to the following table). MEIR REVIEW SUMMARY Page 7 CURRENT CITY OF FRESNO "CLEAN AIR" FLEET 50 CNG Transit Buses 4 CNG Trolleys 6 CNG Handi-Ride Buses 59 Retrofitted Diesel Powered Buses with REV (reduced emission vehicle) engines and diesel particulate traps 2 Hybrid (gasoline-electric) Transit Buses 2 Hybrid (diesel-electric) Transit Buses 12 Compressed Natural Gas (CNG) Pickups, Vans and Sedans 7 Flex Fuel Pickups, Vans and Sedans (CNG/Unleaded Fuel) 3 Compressed Natural Gas (CNG) Street Sweepers 52 Hybrid (gasoline-electric) Sedans and Trucks 34 Electric Vehicles 5 Propane Powered Vehicles 103 LNG Powered Refuse Trucks 59 Retrofitted Diesel Powered Refuse Trucks with combination lean NOx catalyst and diesel particulate filters 9 Retrofitted Diesel Powered Street Sweepers with combination lean NOx catalyst and diesel particulate filters 1 Plug-In CNG/Electric Hybrid Refuse Truck 56 Heavy duty diesel trucks and construction equipment equipped with exhaust after-treatment devices 9 Off Road Equipment with exhaust after-treatment devices 473 Total “Clean Air” Vehicles in the City of Fresno fleet MEIR REVIEW SUMMARY Page 8 In the development standards policy arena, the City is taking numerous steps to increase residential densities and connectivity between residential and commercial land uses, thus facilitating more walking, biking and transit ridership (which has increased 22% in recent months) and saving energy: • Amended the zoning code to allow development of mixed use projects in all commercial zone districts citywide, and in the C-M and M-1 zone districts within the Central Area. • Amended the zoning code to allow density bonuses for affordable housing projects. Such bonuses permit density increases of approximately 30%. • Amended zoning code to eliminate the “drop down” provision, which permitted development at one density range less than that shown on the adopted land use map. • Amended the zoning code to increase heights in various residential and commercial zone districts and reduce the minimum lot size in the R-1 zone district from 6,000 to 5,000 square feet. • Initiated the Activity Center Study, which is defining the potential Activity Centers located in Exhibit 6 of the 2025 Fresno General Plan and proposing design classifications and increased density ranges for these centers and corresponding transportation corridors. Staff is not aware of any facts or circumstance that would make impacts related to energy demands reasonably foreseeable impacts that were not addressed in the MEIR. Staff finds that the circumstances have not materially changed from the time the MEIR was certified and/or new information is not known related to energy demand impacts pursuant to CEQA Guideline Section 15179(b)(1). Mineral Resources. The City of Fresno has adopted plan policies and City ordinance provisions consistent with requirements of the State of California necessary to preserve access to areas of identified resources and for restoration of land after resource recovery (surface mining) activities. Staff finds that these policies and Fresno Municipal Code provisions have adequately addressed any potential impacts that may have arisen related to mineral resources and is not aware of any facts or circumstance that would make loss of mineral resources a reasonably foreseeable impact not addressed in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of mineral resources pursuant to CEQA Guideline Section 15179(b)(1). School Facilities. The City of Fresno continues to consult with affected school districts and participate in school site planning efforts to assure the identification of appropriate location alternatives for planned school facilities. Staff is not aware of any information from the school districts or otherwise to demonstrate that adequate school facilities are not being accommodated under the current General Plan and/or that the need for school facilities is expected to cause impacts not identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to need for school facilities pursuant to CEQA Guideline Section 15179(b)(1). MEIR REVIEW SUMMARY Page 9 Potential Aesthetic Impacts. Design Guidelines were appended to the 2025 Fresno General Plan through the plan adoption process conducted concurrently with MEIR analysis. As noted previously, General Plan policies encourage and promote infill development and the City of Fresno Planning and Development Department has implemented design guidelines for reviewing infill housing development proposals. The Department has prepared detailed design guidelines for the Tower District Specific Plan area and the Fulton-Lowell Specific Plan area, both of which contain enclaves of unique structures. The City has adopted policies promoting incorporation of public art within private development projects, which will contribute to a more appealing visual environment, benefitting users of the private property as well as the surrounding community. In addition, the City of Fresno and the City of Fresno Redevelopment Agency have funded public improvements which improve the general aesthetic. Staff is not aware of any situation or circumstances where there are reasonably foreseeable aesthetic impacts not identified and assessed in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related aesthetic impacts pursuant to CEQA Guideline Section 15179(b)(1). Appendix: Status of MEIR Analysis With Regard to Air Quality and Climate Change MEIR REVIEW SUMMARY Page 10 APPENDIX STATUS OF MEIR ANALYSIS WITH REGARD TO AIR QUALITY AND CLIMATE CHANGE EXECUTIVE SUMMARY Planning staff has worked closely with the regional San Joaquin Valley Air Pollution Control District (SJVAPCD) since the November 2002 certification of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR). Potential air quality impacts have been analyzed for every environmental assessment initial study done for City development projects. Projects are required to comply with SJVAPCD rules and regulations via conditions of approval and mitigation measures formulated in the MEIR. Overall, revisitation of these issues leads to the conclusion that, while there have been changes in air quality laws, planning requirements, and rules and regulations since certification of the MEIR, the actual environmental setting has not evidenced degradation of air quality. In conjunction with SJVAPCD attainment plans and attendant rules and regulations that were adopted prior to the certification of the MEIR, policies in the 2025 Fresno General Plan and MEIR mitigation measures aimed at improving air quality appear to be working. Since 2002, data show that pollutant levels have been steadily decreasing for ozone/oxidants and for particulate matter (10 microns and 2 microns in size). Recent adoption of new air quality attainment plans by SJVAPCD, calling for broader and more stringent rules and regulations to achieve compliance with national and state standards, is expected to accelerate progress toward attainment of clean air act standards. Analysis of global climate change analysis was not part of the MEIR in 2002, due to lack of scientific consensus on the matter and a lack of analytical tools. However, under the MEIR and General Plan mitigation measures and policies for reducing all forms of air pollution, levels of greenhouse gases have been reduced along with the other regulated air pollutants. At this point in time, detailed analysis and conclusions as to the significance of greenhouse gas emissions and strategies for mitigation are still not feasible, because the legislatively-mandated greenhouse gas inventory benchmarking and the environmental analysis policy formulation tasks of the California Environmental Protection Agency Air Resources Board and the Governor’s Office of Planning and research are not completed. The information available does not support any conclusion that Site Plan Review Application No. S-13-047 or other City projects would have a significantly adverse impact on global climate change. Similarly, there is insufficient information to conclude that global climate change would have a significantly adverse impact upon the City of Fresno or specific development projects. MEIR REVIEW SUMMARY Page 11 SUPPORTING DATA AND ANALYSIS While there have been changes in air quality regulations since the November 2002 certification of the 2025 Fresno General Plan MEIR, the actual environmental setting has not evidenced degradation of air quality. The adverse air quality impacts associated with the myriad of human activities potentiated by the long range general plan for the Fresno metropolitan area can be expected to remain significant and unavoidable, and cannot be completely mitigated through the General Plan or through project-level mitigation measures. In order to provide a suitable living environment within the metropolitan area, the General Plan and its MEIR included numerous air pollution reduction measures. The 2025 Fresno General Plan and its MEIR gave emphasis to pursuing cleaner air as an over- arching goal. The urban form element of the General Plan was designed to foster efficient transportation and to support mass transit and subdivision design standards are being implemented to support pedestrian travel. Strong policy direction in the Public Facilities and Resource Conservation elements require that air pollution improvement be a primary consideration for all land development proposals, that development and public facility projects conform to the 2025 Fresno General Plan and its EIR mitigation measures, and that the City work conjunctively with other agencies toward the goal of improving air quality. The MEIR mitigation checklist sketched out a series of actions for the City to pursue with regard to its own operations, and City departments are pursuing these objectives. The Fresno Area Express (FAX) bus fleet and the Department of Public Utilities solid waste collection truck fleet are being converted to cleaner fuels. Lighter-duty vehicle fleets are also incorporating alternative fuels and “hybrid” vehicles. Mass transit system improvements are supporting increased ridership. Construction of sidewalks, paseos, bicycle lanes and bike paths is being required for new development projects, and are being incorporated into already-built segments of City rights-of-way with financing from grants, gas tax, and other road construction revenues. Traffic signal synchronization is being implemented. The Planning and Development Department amended the Fresno Municipal Code to ban all types of residential woodburning appliances, thereby removing the most prominent source of particulate matter pollution from new construction. Pursuant to a specific MEIR mitigation measure, all proposed development projects are evaluated with the “Urbemis” air quality impact model that evaluates potential generation of a range of air pollutants and pollutant precursors from project construction, project-related traffic, and from various area-wide non-point air pollution sources (e.g., combustion appliances, yard maintenance activities, etc.). The results of this “Urbemis” model evaluation are used to determine the significance of development projects’ air quality impacts as well as the basis for any project-specific air quality mitigation measures. There are no new (i.e., unforeseen in the MEIR) reasonable mitigation measures which have become available since late 2002 that would assure the reduction of cumulative (city-wide) air quality impacts to a less than significant level at project buildout, even with full compliance with attainment plans and rules promulgated by the California Air Resources Board and the San Joaquin Valley Air Pollution Control District. MEIR REVIEW SUMMARY Page 12 Through implementation of regional air quality attainment plans by the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD), as supported by implementation of 2025 Fresno General Plan policies and MEIR mitigation measures, air pollution indices have shown improvement. Progress is being made toward attainment of federal and state ambient air quality standards. Ozone/oxidant levels have shown gradual improvement, as depicted in the following graphs and charts from the California Air Resources Board (graphics with an aqua background) and from the San Joaquin Valley Air Pollution Control District (those with no background color): GRAPH NOTES: The "National 1997 8-Hour Ozone Design Value" is a three-year running average of the fourth-highest 8-hour ozone measurement averages in each of the three years (computed according to the method specified in Title 40, Code of Federal Regulations, Part 50, Appendix I). Under the 1997 standard, in effect through the end of 2007, “Attainment” would be achieved if the three- year average were less than, or equal to, 84 parts per billion (ppb), or 0.084 parts per million (ppm). In 2008, a new National 8-Hour Ozone Attainment standard went into effect: a three year average of 75 ppb (0.075 ppm). Data and attainment status for 2008 is expected to become available in 2009.” The California Clean Air Act has a different calculation method for its 8-hr oxidant [ozone] standard design value, and an attainment standard that is lower (0.070 ppm). The ozone improvement trend under the state Clean Air Act 8-hour ozone standard parallels the trend for the national 8-hour standard. Correspondingly, the number of days per year in which the National 8-hour Ozone Standard has been exceeded have also decreased since the end of 2002: 1997 National Attainment Standard 2008 National Attainment Standard MEIR REVIEW SUMMARY Page 13 In 1997, the Federal Clean Air Act repealed the former National 1-hour Ozone standard. However, the California Clean Air Act retains this air pollution parameter. The days per year in which the State of California 1-hour ozone standard has been exceeded have also shown a generally decreasing trend in the time since the 2025 Fresno General Plan MEIR was certified: 1-hour Ozone Exceedance Days (California State Standard) 0 5 10 15 20 25 30 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Number of Days MEIR REVIEW SUMMARY Page 14 The current ozone attainment plan for the San Joaquin Valley Air Basin, in place when the MEIR for the 2025 Fresno General Plan was certified, is linked to a federal designation of “Serious Nonattainment.” While ozone/oxidant air quality conditions are showing a trend toward improvement, the rate of progress toward full attainment is not sufficient to reach the national ambient air quality standards by the target date established by the attainment plan. Mobile sources (vehicle engines) are the primary source for ozone precursors, and the regulation of mobile sources occurs at the national and state levels and is beyond the direct regulatory reach of the regional air pollution control agency. As noted in the 2025 Fresno General Plan MEIR and reflected in the Statement of Overriding Considerations made when the MEIR was certified, potentially significant and unavoidable adverse air quality impacts are inherent in population growth and construction in the City of Fresno, given the Valley’s climatology and the limitations on regulatory control of air pollutant precursors. In 2004, the San Joaquin Valley Air Pollution Control District, in conjunction with the California Air Resources Board, approved a re-designation for the San Joaquin Valley Air Basin to “Extreme Nonattainment” status for ozone, approving a successor air quality attainment plan that projects San Joaquin Valley attainment of the national 8-hour ozone standard by year 2023. This designation and its accompanying attainment plan were submitted to the U.S. Environmental Protection Agency (USEPA) in November of 2004. To date, no formal action has been taken by USEPA to date on the proposed designation or the attainment plan; the Valley remains in “Severe Non- attainment” as of this writing. The change from “Severe” to “Extreme” ozone Nonattainment would represent an extension of the deadline for attainment, but since the regional air basin would not have achieved attainment by the original deadline, this does not materially affect environmental conditions for the City of Fresno as they were analyzed in the MEIR for the 2025 Fresno General Plan. The proposed revised ozone attainment plan includes not only all the measures in the preceding ozone attainment plan, but additional measures for regulating a wider range of activities to attain ambient air quality standards. The Valley’s progress toward attaining national and state standards for PM-10 (particulate matter less than 10 microns in diameter) has been greater since certification of the MEIR: 0 10 20 30 40 50 60 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 YearNumber of Days over PM10 NAAQSSJV PM10 Progress MEIR REVIEW SUMMARY Page 15 As the preceding chart reveals, levels of PM-10 air pollution have decreased since 2002. When the MEIR was certified, the San Joaquin Valley Air Basin was designated in “Serious Nonattainment” for national standards. As of 2007, the number of days where standards were exceeded has decreased to the extent that the Valley has been deemed to be in Attainment. Under Federal Clean Air Act Section 107(d)(3), PM-10 attainment plans and associated rules and regulations remain in place to maintain this level of air quality. New and expanded regulations proposed to combat “Extreme” ozone pollution and PM-2.5 (discussed below) would be expected to provide even more improvement in PM-10 pollution situation. The 2025 Fresno General Plan provided policy direction in support of “indirect source review” as a method for controlling mobile source pollution. Although vehicle engines and fuels are outside the purview of local and regional jurisdictions in California, approaching mobile source pollution indirectly, through regulation and mitigation of land uses which generate traffic, is an alternative approach. In March of 2006, the San Joaquin Valley Air Pollution Control District adopted Rule 9510, its Indirect Source Review Rule. Full implementation of this Rule has been delayed due to litigation (mitigation fees are being collected and retained in holding accounts), but projects are already being evaluated under Rule 9510 and are implementing many aspects of the Rule, such as clean air design (pedestrian and bike facilities; proximal siting of residential and commercial land uses; low-pollution construction equipment; dust control measures; cleaner-burning combustion appliances, etc.). It is anticipated that full implementation (release of mitigation impact fees for various clean air projects throughout the San Joaquin Valley) and subsequent augmentation of the Indirect Source Review Rule will accelerate progress toward attainment of federal and state ozone standards, and will be an important component of the attainment plan for PM-2.5 (very fine particulate matter) and for greenhouse gas reductions to combat global climate change. PM-2.5 is a newly-designated category of air pollutant, the component of PM-10 comprised of particles 2.5 microns in diameter or smaller. The 1997 Clean Air Act Amendments directed that this pollutant be brought under regulatory control, but federal and state standards/designations had not been finalized when the 2025 Fresno General Plan MEIR was drafted and certified. In the intervening time, the San Joaquin Valley Air Basin has been classified as being in “Nonattainment” for the 1997 federal PM-2.5 standard and for the State PM-2.5 standard. An attainment demonstration plan for the federal 1997 PM-2.5 standard has been adopted by the SJVAPCD and approved by the California Air Resources Board, and forwarded to the EPA for approval (status as of mid-2008). The attainment plan would achieve compliance with the 1997 federal Clean Air Act PM-2.5 standard by year 2014, in conjunction with California Air Resources Board (and US EPA) action to improve diesel engine emissions. The San Joaquin Valley Air Basin has not yet been classified under the more stringent revised federal 2006 PM-2.5 standard; this classification is expected by 2009. As with ozone and PM-10 pollution, levels of PM-2.5 have already been reduced by already- existing air quality improvement planning policies, mitigation measures, and regulations. The following charts depict historic PM-2.5 monitoring data for the regional air basin. Once the expected SJVAPCD attainment plan is implemented measures specific to PM-2.5 control, the rate of progress toward attainment of federal and state PM-2.5 standards will accelerate. MEIR REVIEW SUMMARY Page 16 24-hour PM2.5 Levels 3-year Average 98th Percentile Values 0 20 40 60 80 100 120 1999-2001 2000-2002 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 Attainment is met when the 3-year average is less than or equal to 65 µg/m³ (1997 standard) less than or equal to 35 µg/m³ (2006 standard).µg/m³ Annual PM2.5 Levels Three-Year Averages 0 5 10 15 20 25 30 1999-2001 2000-2002 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 Attainment is met when the 3-year average is less than or equal to 15 µg/m³µg/m³ MEIR REVIEW SUMMARY Page 17 When the 2025 Fresno General Plan and its MEIR were approved in late 2002, the planning and environmental documents did not directly or separately analyze potential global warming and climate change impacts. However, the general policy direction for consideration of air quality parameters in development project evaluations and for reducing those air pollutants which are already under regulation would operate to control these potential adverse impacts. “Global warming” is the term coined to describe a widespread climate change characterized by a rising trend in the Earth’s ambient average temperatures with concomitant disturbances in weather patterns and resulting alteration of oceanic and terrestrial environs and biota. When sunlight strikes the Earth’s surface, some of it is reflected back into space as infrared radiation. When the net amount of solar energy reaching Earth’s surface is about the same as the amount of energy radiated back into space, the average ambient temperature of the Earth’s surface would remain more or less constant. Greenhouse gases potentially disturb this equilibrium by absorbing and retaining infrared energy, trapping heat in the atmosphere—the “greenhouse gas effect.” The predominant current opinion within the scientific community is that global warming is occurring, and that it is being caused and/or accelerated via generation of excess “greenhouse gases” [GHGs], that natural carbon cycle processes (such as photosynthesis) are unable to absorb sufficient quantities of GHG and cannot keep the level of these gases or their warming effect under control. It is believed that a combination of factors related to human activities, such as deforestation and an increased emission of GHG into the atmosphere from combustion and chemical emissions, is a primary cause of global climate change. The predominant types of anthropogenic greenhouse gases (those caused by human activity), are described as follows. It should be noted that the starred GHGs are regulated by existing air quality policies and rules pursuant to their roles in ozone and particulate matter formation and/or as potential toxic air contaminants. • carbon dioxide (CO 2 ), largely generated by combustion activities such as coal and wood burning and fossil fuel use in vehicles but also a byproduct of respiration and volcanic activity; • *methane (CH 4 ), known commonly as “natural gas,” is present in geologic deposits and is also evolved by anaerobic decay processes and animal digestion. On a ton-for-ton basis, CH 4 exerts about 20 times the greenhouse gas effect of CO 2 ; • *nitrous oxide (N 2 O), produced in large part by soil microbes and enhanced through application of fertilizers. N 2 O is also a byproduct of fossil fuel burning: atmospheric nitrogen, an inert gas that makes up a large proportion of the atmosphere, is oxidized when air is exposed to high-temperature combustion. N 2 O is used in some industrial processes, as a fuel for rocket and racing engines, as a propellant, and as an anesthetic. N 2 O is one component of “oxides of nitrogen” (NOX), long recognized as precursors of smog -causing atmospheric oxidants. • *chlorofluorocarbons (CFCs), synthetic chemicals developed in the late 1920s for use as improved refrigerants (e.g., “Freon™”). It was recognized over two decades ago that this class of chemicals exerted powerful and persistent greenhouse gas effects. In 1987, the Montreal Protocol halted production of CFCs. MEIR REVIEW SUMMARY Page 18 • *hydrofluorocarbons (HFCs), another class of synthetic refrigerants developed to replace CFCs; • *perfluorocarbons (PFCs), used in aluminum and semiconductor manufacturing, have an extremely stable molecular structure, with biological half-lives tens of thousands of years, leading to ongoing atmospheric accumulation of these GHGs. • *sulfur hexafluoride (SF 6 ) is used for insulation in electric equipment, semiconductor manufacturing, magnesium refining and as a tracer gas for leak detection. Of any gas evaluated, SF 6 exerts the most powerful greenhouse gas effect, almost 24,000 times as powerful as that of CO 2 on a ton-for-ton basis. • water vapor, the most predominant GHG, and a natural occurrence: approximately 85% of the water vapor in the atmosphere is created by evaporation from the oceans. In an effort to address the perceived causes of global warming by reducing the amount of anthropogenic greenhouse gases generated in California, the state enacted the Global Warming Solutions Act of 2006 (Codified as Health & Safety Code Section 38501 et seq.). Key provisions include the following: Δ Codification of the state's goal by requiring that California's GHG emissions be reduced to 1990 “baseline” levels by 2020. Δ Set deadlines for establishing an enforcement mechanism to reduce GHG emissions: ■ By June 30, 2007, the California Air Resources Board ("CARB") was required to publish “discrete early action” GHG emission reduction measures. Discrete early actions are regulations to reduce greenhouse gas emissions to be adopted by the CARB and enforceable by January 1, 2010; ■ By January 1, 2008, CARB was required to identify what the state's GHG emissions were in 1990 (set the “baseline”) and approve a statewide emissions limit for the year 2020 that is equivalent to 1990 levels. (These statewide baseline emissions have not yet been allocated to regions, counties, or smaller political jurisdictions.) By this same date, CARB was required to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions. ■ By January 1, 2011, CARB must adopt emission limits and emission reduction measures to take effect by January 1, 2012. As support for this legislation, the Act contains factual statements regarding the potential significant impacts on California's physical environment that could be caused by global warming. These include, an increase in the intensity and duration of heat waves, the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snow pack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. On August 24, 2007, California also enacted legislation (Public Resources Code §§ 21083.05 and 21097) requiring the state Resources Agency to adopt guidelines for addressing climate change in environmental analysis pursuant to the California Environmental Quality Act. By July 1, 2009, the Governor's Office of Planning and Research (OPR) is required to prepare MEIR REVIEW SUMMARY Page 19 guidelines for the mitigation of greenhouse gas emissions, and transmit those draft regulations to the Resources Agency. The Resources Agency must then certify and adopt the guidelines by January 1, 2010. The recently-released update of the Urbemis computer model (used by the City of Fresno Planning and Development Department for environmental assessments, pursuant to a specific MEIR mitigation measure) does provide data on the amounts of CO 2 and oxides of nitrogen (NOX) potentially generated by development projects. However, at this point in time, neither CARB nor the SJVAPCD has determined what the 1997 baseline or current “inventory” of GHGs is for the entire state nor for any region or jurisdiction within the state. No agency has adopted GHG emission limits and emission reduction measures, and because CEQA guidelines have not been established for the evaluation and mitigation of greenhouse gas emissions (there is an absence of regulatory guidance). Therefore, the City is unable to productively interpret the results of the Urbemis model with regard to GHGs, and there is currently no way to determine the significance of a project’s potential impact upon global warming. The 2025 Fresno General Plan provides an integrated combination of residential, commercial, industrial, and public facility uses allowing for proximate location of living, work, educational, recreational, and shopping activities within Fresno metropolitan area. This combination of uses has been identified as a potential mitigation measure to address global warming impacts in a document published by the California Attorney General's Office entitled, The California Environmental Quality Act Mitigation of Global Warming Impacts (updated January 7, 2008). Specifically, this document describes this mitigation measure as follows, "Incorporate mixed- use, infill and higher density development to reduce vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods"—echoing objectives and policies of the 2025 Fresno General Plan adopted in late 2002. The General Plan contains a mix of land uses would be expected to generate fewer vehicle miles traveled per capita, leading to reduced emissions of greenhouse gases from engine emissions. It provides for overall denser development with high-intensity enclaves, associated with increased public transit use. The plan fosters mixed use and infill development (being implemented by mixed-use zoning ordinances added to the Fresno Municipal Code, as directed by 2025 Fresno General Plan) policies. The urban form element distributes neighborhood-level and larger commercial development, public facilities such as schools, and recreational sites throughout the metropolitan area, reducing vehicle trips. Any manufacturing activities that would generate SF 6 , HFCs, or PFCs would be subject to subsequent environmental review at the project-specific level, as would any uses which would generate methane on site. The City of Fresno has adopted an ordinance prohibiting installation of any woodburning fireplaces or woodburning appliances in new homes, which would reduce CO 2 and N 2 O from wood combustion. Through updates in the California Building Code and statewide regulation of appliance standards, City development projects conform to state-of-the art energy-efficient building, lighting, and appliance standards as advocated in the California Environmental Protection Agency’s publication Climate Action Team / Proposed Early Actions to Mitigate Climate Change in California (April 2007) and in CARB’s Proposed Early Actions to Mitigate Climate Change in California (April 2007). The City has further incentivized “green” building projects by providing subsidies for solar photovoltaic equipment for single-family residential construction, by reducing development standards (including reductions in required parking spaces, which further reduces MEIR REVIEW SUMMARY Page 20 air pollutant and GHG emissions), and by improving its landscape and shading standards (a topic included in the Design Guidelines adopted with the 2025 Fresno General Plan). Updated engine and tire efficiency standards would apply to residents’ vehicles, as well as the statewide initiatives applicable to air conditioning and refrigeration equipment, regional transportation improvements, power generation and use of solar energy, water supply and water conservation, landfill methane capture, changes in cement manufacturing processes, manure management (methane digester protocols), recycling program enhancements, and “carbon capture” (also known as “carbon sequestration,” technologies for capturing and converting CO 2 , removing it from the atmosphere). Due to the lack of data or regulatory guidance that would indicate the 2025 Fresno General Plan had a significant adverse impact upon global climate change, the relatively small size of the Fresno Metropolitan Area in conjunction with the worldwide scope of GHG emissions, and the emphasis in the 2025 Fresno General Plan upon integrated urban design and air pollution control measures, it could not be concluded in 2002 nor at present that the 2025 Fresno General Plan would have a significant adverse impact on global climate change. As to potential impacts of global warming upon the 2025 Fresno General Plan: the city is located in the Central Valley, in an urbanized area on flat terrain distant from the Pacific coast and from rivers and streams. It is outside of identified flood prone areas. Based on its location we conclude that Fresno is not likely to be significantly affected by the potential impacts of global climate change such as increased sea level and river/stream channel flooding; nor is it subject to wildfire hazards. While Fresno does contain areas with natural habitat (the San Joaquin Bluffs and Riverbottom), a change in these areas’ biota induced by global warming would not leave them bereft of all habitat value—it would simply mean a change in the species which would be encountered in these areas. The 2025 Fresno General Plan preserves this habitat open space area for multiple objectives (protection from soil instability and flood inundation; conservation of designated high-quality mineral resources), so any natural resource species changes in those areas would not constitute a significant adverse impact to the city or a loss of resource area. Fresno has historically had high ambient summer temperatures and an historic heat mortality level that is among the highest in the state (5 heat-related deaths annually per 100,000 population). Due to the prevalence of air conditioning in dwellings and commercial buildings, an increase in extreme heat days from global warming is not expected by the California Air Resources Board Research Division to significantly increase heat-related deaths in Fresno, as opposed to possible effects in cooler portions of the state such as Sacramento or Los Angeles areas (reference: Projections of Public Health Impacts of Climate Change in California: Scenario Analysis, by Dr. Deborah Dreschler, Air Resources Board, April 9, 2008). Increased summertime temperatures which may be caused by global warming will be mitigated by the City’s landscaping standards to provide shade trees, by statewide energy efficiency standards which insulate dwellings from heat and cold, and by urban design standards which require east- west orientation of streets and buildings to facilitate solar gain. Fresno has a heat emergency response plan and provides cooling centers and free transportation to persons who do not have access to air conditioning. Secondary health effects of global warming could include increases in respiratory and cardiac illnesses attributable to poor air quality. The San Joaquin Valley Air Pollution Control District provides daily advisories and warnings in times of high ozone levels to help senior citizens and MEIR REVIEW SUMMARY Page 21 other sensitive populations avoid exposure. The SJVAPCD has committed to attainment of fine particulate matter (PM2.5) standards by Year 2014 and to attainment of oxidant/ozone standards by Year 2023, and would adopt additional Rules and emission controls as necessary to decrease emissions inventories by those target dates. There is insufficient information to indicate that global climate change would prevent attainment of air quality parameters affecting health. Pursuant to 2025 Fresno General Plan policy and MEIR mitigation measures, the City’s Department of Public Utilities and Fire Department are required to affirm that adequate water service can be provided to all development projects for potable and fire suppression uses. The City derives much of its water supply from groundwater, using its surface water entitlements from the Kings and San Joaquin Rivers primarily to recharge the aquifer. A high percentage of Fresno’s annual precipitation is captured and percolated in ponding basins operated by Fresno Metropolitan Flood Control District. If global climate change leads to a longer rainy season and/or more storm events throughout the year, groundwater supplies could be improved by additional percolation. The City of Fresno currently treats and distributes only some 20% of its 150,000 acre-foot/year (AFY) surface water entitlement for the municipal water system, directing another 50,000 to 70.000 AFY to recharge activities via ponding basins. Presently, the City is unable to recharge the full balance of its annual entitlement in average and wet years, and releases any unused surface water supplies to area irrigation districts for agricultural use in the metropolitan area, (which further augments groundwater recharge through percolation of irrigated water). Future surface water plant construction projects envisioned by the 2025 Fresno General Plan would account for less than 120,000 acre-feet per year of the surface supply. The General Plan direction for future Metropolitan Water Resource Management Plans includes exploring the use of recycled treated wastewater for non-potable uses such as landscape irrigation, which would further effectively extending the City’s water supply. If the global climate change were to cause a serious and persistent decrease in Sierra snowpack, some of Fresno’s water supply could be affected. However, historic records show that the very long-term prevailing climatic pattern for Central California has included droughts of long (often, multi-year) duration, interspersed with years of excess precipitation. Decades before global climate change was considered as a threat to California’s water system, state and local agencies recognized a need to augment water storage capacity for excess precipitation occurring in wet years, to carry the state through the intervening dry years. The potential for episodic and long-term drought is considered in the city’s Metropolitan Water Resource Plan and in its the Urban Water Management Plan Drought Contingency component, to accommodate reductions in available water supplies. In times of extended severe regional or statewide drought, a reprioritization of water deliveries and reallocation for critical urban supplies vs. agricultural use is possible, but it is too speculative at this time to determine what the statewide reprioritization response elements would be (the various responses of statewide and regional water agencies to these situations are not fully formulated and cannot be predicted with certainty). Because the true long term consequences of climate change on California’s and Fresno’s water system cannot be predicted, and, it is too speculative at this time to conclude that there could be a significant adverse impact on water supply for the 2025 Fresno General Plan due to global climate change. MEIR REVIEW SUMMARY Page 22 As noted above, it is theorized that global warming could lead to more energy in the atmosphere and to increased intensity or frequency of storm events. Fresno’s long-term weather pattern is that rainfall occurs during episodic and fairly high-intensity events. The Fresno Metropolitan Flood Control District (FMFCD) drainage and flood control Master Plan, which sets policies for drainage infrastructure and grading in the entire Fresno-Clovis area, is already predicated on this type of weather pattern. FMFCD sizes its facilities (which development potentiated by the 2025 Fresno General Plan will help to complete) for “two-year storm events,” storms of an intensity expected in approximately 50 percent of average years; however, the urban drainage system design has additional capacity built into the street system so that excess runoff from more intense precipitation events is directed to the street system. The City’s Flood Plan Ordinance and grading standards require that finished floor heights be above the crowns of streets and above any elevated ditchbanks of irrigation canals. FMFCD project conditions also preserve “breakover” historic surface drainage routes for runoff from major storms. Ultimately, drain inlets and FMFCD basin dewatering pumps direct severe storm runoff into the network of Fresno Irrigation District canals and pipelines still extant in the metropolitan area, with outfalls beyond the western edge of the metropolitan area. Scientific information, analytical tools, and standards for environmental significance of global warming and green house gases were not available to the Planning and Development Department in 2002 when the 2025 Fresno General Plan and its MEIR were formulated and approved--and at this point, there is still insufficient data available to draw any conclusions as to the potential impacts, or significance of impacts, related to global climate change for the 2025 Fresno General Plan. Similarly, there is insufficient information to conclude that global warming may have a potentially significant adverse impact upon the 2025 Fresno General Plan. In a situation when it would be highly speculative to estimate impacts or to make conclusions as to the degree of adversity and significance of those impacts, the California Environmental Quality Act allows agencies to terminate the analysis. In that regard, there is no material change in status from the degree of environmental review on this topic contained in the 2025 Fresno General Plan MEIR. MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 ENVIRONMENTAL ASSESSMENT NO. A-09-02 FINDING OF MITIGATED NEGATIVE DECLARATION FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29 , 2014 Mitigation Monitoring Checklist A - Incorporated into Project B - Mitigated C - Mitigation in Progress D - Responsible Agency Contacted E - Part of City-wide Program F - Not Applicable NOTE: Letters B-Q in mitigation measures refer to the respective sections of Chapter V of MEIR No. 10130 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F Following is the mitigation monitoring checklist from MEIR No. 10130 as applied to the above-noted project’s environmental assessment, required by City Council Resolution No. 2002-378 and Exhibit E thereof (adopted on November 19, 2002) to certify the MEIR for the 2025 Fresno General Plan Update. On June 25, 2009, through its Resolution No. 2009-146, the City Council adopted Environmental Assessment No. A-09-02 confirming the finding of a Mitigated Negative Declaration prepared for General Plan Amendment Application No. A-09-02 which updated the Air Quality Section of the Resource Conservation Element of the 2025 Fresno General Plan and incorporated additional and revised mitigation measures as necessary within the following monitoring checklist. B-1. Development projects that are consistent with plans and policies but that could affect conditions on major street segments predicted by the General Plan MEIR traffic analysis to perform at an Average Daily Traffic (ADT) level of service (LOS) D or better in 2025, with planned street improvements, shall not cause conditions on those segments to be worse than LOS E before 2025 without completing a traffic and transportation evaluation. This evaluation will be used to determine appropriate project-specific design measures or street/transportation improvements that will contribute to achieving and maintaining LOS D. Prior to approval of land use entitlement Public Works Dept./Traffic Planning; Development & Resource Management Dept. X X B-2. Development projects that are consistent with plans and policies but that could affect conditions on major street segments predicted by the General Plan MEIR traffic analysis to perform at an ADT LOS E in 2025, with planned street improvements, shall not cause conditions on those segments to be worse than LOS E before 2025 without completing a traffic and transportation evaluation. This evaluation will be used to determine appropriate project- specific design measures or street/ transportation improvements that will contribute to achieving and maintaining LOS E. Prior to approval of land use entitlement Public Works Dept./Traffic Planning; Development & Resource Management Dept. X X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F B-3. Development projects that are consistent with plans and policies but that could affect conditions on major street segments predicted by the General Plan MEIR traffic analysis to perform at an ADT LOS F shall not cause further substantial degradation of conditions on those segments before 2025 without completing a traffic and transportation evaluation. This evaluation will be used to determine appropriate project-specific design measures or street/ transportation improvements that will contribute to achieving and maintaining a LOS equivalent to that anticipated by the General Plan. Further substantial degradation is defined as an increase in the peak hour vehicle/capacity (v/c) ratio of 0.15 or greater for roadway segments whose v/c ratio is estimated to be 1.00 or higher in 2025 by the General Plan MEIR traffic analysis. Prior to approval of land use entitlement Public Works Dept./Traffic Planning; Development & Resource Management Dept. X B-4. For development projects that are consistent with plans and policies, a site access evaluation shall be required to the satisfaction of the Public Works Director. This evaluation shall, at a minimum, focus on the following factors: a. Disruption of vehicular traffic flow along adjacent major streets, appropriate design measures for on-site vehicular circulation and access to major streets (number, location and design of driveway approaches), and linkages to bicycle/pedestrian circulation systems and transit services. b. In addition, for development projects that the City determines may generate a projected 100 or more peak hour vehicle trips (either in the morning or evening), the evaluation shall determine the project’s contribution to increased peak hour vehicle delay at major street intersections adjacent or proximate to the project site. The evaluation shall identify project responsibilities for intersection improvements to reduce vehicle delay consistent with the LOS anticipated by the 2025 Fresno General Plan. For projects which affect State Highways, the Public Works Director may direct the site access evaluation to reference the criteria presented in Caltrans Guide for the Preparation of Traffic Impact Studies. Prior to approval of land use entitlement Public Works Dept./Traffic Planning; Development & Resource Management Dept. X X Page 2 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F B-5. Circulation and site design measures shall be considered for development projects so that local trips may be completed as much as possible without use of, or with reduced use of, major streets and major street intersections. Appropriate consideration must also be given to compliance with plan policies and mitigation measures intended to promote compatibility between land uses with different traffic generation characteristics. Prior to approval of land use entitlement Public Works Dept./Traffic Planning; Development & Resource Management Dept. X X B-6. New development projects and major street construction projects shall be designed with consideration and implementation of appropriate features (considering safety, convenience and cost-effectiveness) to encourage walking, bicycling, and public transportation as alternative modes to the automobile. Prior to approval or prior to funding of major street project. Public Works Dept./Traffic Planning; Development & Resource Management Dept. X X B-7. Bicycle and pedestrian travel and use of public transportation shall be facilitated as alternative modes of transportation including, but not limited to, provision of bicycle, pedestrian and public transportation facilities and improvements to connect residential areas with public facilities, shopping and employment. Adequate rights-of-way for bikeways, preferably as bicycle lanes, shall be provided on all new major streets and shall be considered when designing improvements for existing major streets. Ongoing Public Works Dept./Traffic Planning; Development & Resource Management Dept. X X Page 3 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F C-1. In cooperation with other jurisdictions and agencies in the San Joaquin Valley Air Basin, the City shall take the following necessary actions to achieve and maintain compliance with state and federal air quality standards and programs. a. Develop and incorporate air quality maintenance considerations into the preparation and review of land use plans and development proposals. b. Maintain internal consistency within the General Plan between policies and programs for air quality resource conservation and the policies and programs of other General Plan elements. c. City departments preparing environmental review documents shall use computer models (software approved by local and state air quality and congestion management agencies) to estimate air pollution impacts of development entitlements, land use plans and amendments to land use regulations. d. Adopted state and SJVAPCD protocols, standards, and thresholds of significance for greenhouse gas emissions shall be utilized in assessing and approving proposed development projects. e. Continue to route information regarding land use plans, development projects, and amendments to development regulations to the SJVAPCD for that agency’s review and comment on potential air quality impacts. Ongoing Development & Resource Management Dept. X X Page 4 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F C-2. For development projects potentially meeting SJVAPCD thresholds of significance and/or thresholds of applicability for the Indirect Source Review Rule (Rule 9510) in their unmitigated condition, project applicants shall complete the SJVAPCD Indirect Source Review Application prior to approval of the development project. Mitigation measures incorporated into the ISR analysis shall be incorporated into the project as conditions of approval and/or mitigation measures, as may be appropriate. Ongoing Development & Resource Management Dept and SJVAPCD X X C-3. The City shall implement all of the Reasonably Available Control Measures (RACM) identified in Exhibit A of Resolution No. 2002-119, adopted by the Fresno City Council on April 9, 2002. These measures are presented in full detail in Table VC-3 of the MEIR. Ongoing Various city departments X C-4. The City shall continue efforts to improve technical performance, emissions levels and system operations of the Fresno Area Express transit system, through such measures as: a. Selecting and maintaining bus engines, transmissions, fuels and air conditioning equipment for efficiency and low air pollution emissions. b. Siting new transit centers and other multi-modal transportation transfer facilities to maximize utilization of mass transit. c. Continuing efforts to improve transit on-time performance, increase frequency of service, extend hours of operation, add express bus service and align routes to capture as much new ridership as possible. d. Initiating a program to allow employers and institutions (e.g., educational facilities) to purchase blocks of bus passes at a reduced rate to facilitate their incentive programs for reducing single-passenger vehicle use. Ongoing Fresno Area Express X Page 5 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F D-1. The City shall monitor impacts of land use changes and development project proposals on water supply facilities and the groundwater aquifer. Ongoing Dept of Public Utilities and Development & Resource Management Dept. X X X D-2. The City shall ensure the funding and construction of facilities to mitigate the direct impacts of land use changes and development within the 2025 General Plan boundaries. Groundwater wells, pump stations, intentional recharge facilities, potable and recycled water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. Site specific environmental evaluations shall precede the construction of these facilities. Results of this evaluation shall be incorporated into each project to reduce the identified environmental impacts. Ongoing (City- wide); and prior to approval of land use entitlement as applicable Department of Public Utilities and Development & Resource Management Dept. X X X D-3. The City shall implement the future water supply plan described in the City of Fresno Metropolitan Water Resources Management Plan Update and shall continue to update this Plan as necessary to ensure the cost-effective use of water resources and continued availability of good-quality groundwater and surface water supplies. Ongoing Department of Public Utilities X D-4. The City shall work with the Fresno Metropolitan Flood Control District to prevent and reduce the existence of urban stormwater pollutants to the maximum extent practical and ensure that surface and groundwater quality, public health, and the environment shall not be adversely affected by urban runoff, and shall comply with NPDES standards. Ongoing Development & Resource Management Dept. X X X Page 6 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F D-5. The City shall preserve undeveloped areas within the 100-year floodway within the city and its general plan area, particularly the San Joaquin Riverbottom, for uses that will not involve permanent improvements which would be adversely affected by periodic floods. The City shall expand this protected area in the Riverbottom pursuant to expanded floodplain and/or floodway maps, regulations, and policies adopted by the Central Valley Flood Protection Board and the National Flood Insurance Protection Program. Ongoing Development & Resource Management Dept. X D-6. The City shall establish special building standards for private structures, public structures and infrastructure elements in the San Joaquin Riverbottom that will protect: a. Allowable construction in this area from being damaged by the intensity of flooding in the riverbottom; b. Water quality in the San Joaquin River watershed from flood damage- related nuisances and hazards (e.g., the release of raw sewage); and c. Public health, safety and general welfare from the effects of flood events. Ongoing Development & Resource Management Dept. X X D-7. The City shall advocate that the San Joaquin River not be channelized and that levees shall not be used in the river corridor for flood control, except those alterations in river flow that are approved for surface mining and subsequent reclamation activities for mined sites (e.g., temporary berms and small side-channel diversions to control water flow through ponds). Ongoing Development & Resource Management Dept. X X D-8. The City shall maintain a comprehensive, long-range water resource management plan that provides for appropriate management and use of all sources of water available to the planning area, and shall periodically update Ongoing Department of Public Utilities X X X Page 7 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F this plan to ensure that sufficient and sustainable water supplies of good quality will be economically available to accommodate existing and planned urban development. Project-specific and city-wide water conservation measures shall be directed toward assisting in reaching the goal of balancing City groundwater operations by 2025. D-9. The City shall continue its current water conservation programs and implement additional water conservation measures to reduce overall per capita water use within the City with a goal of reducing the overall per capita water use in the City to its adopted target consumption rate. The target per capita consumption rate adopted in 2008 is a citywide average of 243 gallons per person per day, intended to be reached by 2020 (which includes anticipated water conservation resulting from the on-going residential water metering program and additional water conservation by all customers: 5% by 2010, and an additional 5% by 2020.) Ongoing Department of Public Utilities X X D-10. All development projects shall be required to comply with City Department of Public Utilities conditions intended for the City to reach its overall per capita water consumption rate target. Project conditions shall include, but are not limited to, water use efficiency for landscaping, use of artificial turf and native plant materials, reducing turf areas, and discouraging the development of artificial lakes, fountains and ponds unless only untreated surface water or recycled water supplies are used for these decorative and recreational water features, as appropriate and sanitary. Prior to approval of land use entitlement Department of Public Utilities X X Page 8 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F D-11. When and if the City adopts a formal management plan for recycled and/or reclaimed water, all development shall comply with its standards and requirements. Absent a formal management plan for recycled and/or reclaimed water, new development projects shall install reasonably necessary infrastructure, facilities and equipment to utilize reclaimed and recycled water for landscape irrigation, decorative fountains and ponds, and other water- consuming features, provided that use of reclaimed or recycled water is determined by the Department of Public Utilities to be feasible, sanitary, and energy-efficient. Prior to approval of development project Department of Public Utilities X X Page 9 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F D-12. All applicants for development projects shall provide data (meeting City Department of Public Utilities criteria for such data) on the anticipated annual water demand and daily peak water demand for proposed projects. If a development project would increase water demand at a project location (or for a type of development) beyond the levels allocated in the version of the City’s Urban Water Management Plan (UWMP) in effect at the time the project’s environmental assessment is conducted, the additional water demand will be required to be offset or mitigated in a manner acceptable to the City Department of Public Utilities. Allocated water demand rates are set forth in Table 6-4 of the 2008 UWMP as follows: FOR GROSS DEVELOPED PROJECT ACREAGE OF THE FOLLOWING DEVELOPMENT CATEGORIES (Analysis shall include acreage to all street centerlines.) PER-UNIT FACTORS, in acre-ft/acre/yr, for projects projected to be completed during these intervals: 01/01/2005 THROUGH 12/31/2010 01/01/2010 THROUGH 12/31/2024 AFTER 01/01/2025 Single family residential 3.8 3.5 3.5 Multi-family residential 6.5 6.2 6.2 Commercial and institutional 2 1.9 1.9 Industrial 2 1.9 1.9 Landscaped open space 3 2.9 2.9 South East Growth Area 3.4 3.2 3.2 NOTE: The above land use classifications and demand allocation factors may be amended in future updates of the Urban Water Management Plan Prior to approval of development project Department of Public Utilities X X Page 10 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F D-13. The City will conform to the requirements of Waste Discharge Requirements Order 5-01-254, including groundwater monitoring and subsequent Best Practical Treatment and Control (BPTC) assessment and findings. Ongoing Department of Public Utilities X E-1. The City shall continue to implement and pursue strengthening of urban growth management service delivery requirements and annexation policy agreements, including urging that the county continue to implement similar measures within the boundaries of the 2025 Fresno General Plan, to promote contiguous urban development and discourage premature conversion of agricultural land. Ongoing Development & Resource Management Dept. X E-2. To minimize the inefficient conversion of agricultural land, the City shall pursue the appropriate measures to ensure that development within the planned urban boundary occurs consistent with the General Plan and that urban development occurs within the city’s incorporated boundaries. Ongoing Development & Resource Management Dept. X X E-3. The City shall pursue appropriate measures, including recordation of right to farm covenants, to ensure that agricultural uses of land may continue within those areas of transition where planned urban areas interface with planned agricultural areas. Ongoing Development & Resource Management Dept. X Page 11 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F E-4. Development of agricultural land, or fallow land adjacent to land designated for agricultural uses, shall incorporate measures to reduce the potential for conflicts with the agricultural use. Implementation of the following measures shall be considered: a. Including a buffer zone of sufficient width between proposed residences and the agricultural use. b. Restricting the intensity of residential uses adjacent to agricultural lands. c. Informing residents about possible exposure to agricultural chemicals. d. Where feasible and permitted by law, exploring opportunities for agricultural operators to cease aerial spraying of chemicals and use of heavy equipment near proposed residences. e. Recordation of right to farm covenants to ensure that agricultural uses of land can continue. Ongoing Development & Resource Management Dept. X F-1. The City shall ensure the provision for adequate trunk sewer and collector main capacities to serve existing and planned urban and economic development, including existing developed uses not presently connected to the public sewer system, consistent with the Wastewater Master Plan. Where appropriate, the City will coordinate with the City of Clovis and other agencies to ensure that planning and construction of facilities address regional needs in a comprehensive manner. Ongoing Dept. of Public Utilities and Development & Resource Management Dept. X X X F-2. The City shall continue the development and use of citywide sewer flow monitoring and computerized flow modeling to ensure the availability of sewer collection system capacity to serve planned urban development. Ongoing Dept. of Public Utilities X Page 12 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F F-2-a. The City shall provide for containment and management of leathers and sludge adequate to prevent groundwater degradation. Ongoing Dept. of Public Utilities X X F-3. The City shall ensure the provision of adequate sewage treatment and disposal by using the Fresno-Clovis Regional Wastewater Reclamation Facility as the primary facility when economically feasible for all existing and new development within the General Plan area. Smaller, subregional wastewater treatment facilities may also be constructed as part of the regional wastewater treatment system, when appropriate. This shall include provision of tertiary treatment facilities to produce recycled water for landscape irrigation and other non-potable uses. Site specific environmental evaluation and development of Waste Discharge Requirements by the Regional Water Quality Control Board shall precede the construction of these facilities. Mitigation measures identified in these evaluations shall be incorporated into each project to reduce the identified environmental impacts. Ongoing Dept. of Public Utilities X X F-4. The City shall ensure that adequate trunk sewer capacity exists or can be provided to serve proposed development prior to the approval of rezoning, special permits, tract maps and parcel maps, so that the capacities of existing facilities are not exceeded. Ongoing/prior to approval of land use entitlement Dept. of Public Utilities and Development & Resource Management Dept. X X Page 13 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F F-5. The City shall provide adequate solid waste facilities and services for the collection, transfer, recycling, and disposal of refuse for existing and planned development within the City’s jurisdiction. Site specific environmental evaluation shall precede the construction of these facilities. Results of this evaluation shall be incorporated into each project to reduce the identified environmental impacts. Ongoing/prior to construction Dept. of Public Utilities X X G-1. Site specific environmental evaluation shall precede the construction of new police and fire protection facilities. Results of this evaluation shall be incorporated into each project to reduce the identified environmental impacts. Ongoing/prior to construction Fire Dept/Police Dept/ Development & Resource Management Dept. X H-1. Site specific environmental evaluation shall precede the construction of new public parks. Results of this evaluation shall be incorporated into the park design to reduce the environmental impacts. Ongoing/prior to construction Parks and Recreation Dept. & Development & Resource Management Dept. X I-1. Projects that could adversely affect rare, threatened or endangered wildlife and vegetative species (or may have impacts on wildlife, fish and vegetation restoration programs) may be approved only with the consent of the California Department of Fish and Game (and the U.S. Fish and Wildlife Ongoing/prior to approval of land use entitlement Development & Resource Management Dept. X Page 14 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F Service, as appropriate) that adequate mitigation measures are incorporated into the project’s approval. I-2. Where feasible, development shall avoid disturbance in wetland areas, including vernal pools and riparian communities along rivers and streams. Avoidance of these areas shall including siting structures at least 100 feet from the outermost edge of the wetland. If complete avoidance is not possible, the disturbance to the wetland shall be minimized to the maximum extent possible, with restoration of the disturbed area provided. New vegetation shall consist of native species similar to those removed. Ongoing/prior to approval of land use entitlement Development & Resource Management Dept. X I-3. Where wetlands or other sensitive habitats cannot be avoided, replacement habitat at a nearby off-site location shall be provided. The replacement habitat shall be substantially equivalent in nature to the habitat lost and shall be provided at a ratio suitable to assure that, at a minimum, there is no net less of habitat acreage or value. Typically, the U.S. Fish and Wildlife Service and California Department of Fish and Game require a ratio of three replacement acres for every one acre of high quality riparian or wetland habitat lost. Ongoing/prior to approval of land use entitlement and during construction Development & Resource Management Dept. X I-4. Existing and mature riparian vegetation shall be preserved to the extent feasible, except when trees are diseased or otherwise constitute a hazard to persons or property. During construction, all activities and storage of equipment shall occur outside of the drip lines of any trees to be preserved. Ongoing/prior to approval of land use entitlement and during construction Development & Resource Management Dept. X Page 15 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F I-5. Within the identified riparian corridors, environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values and only uses consistent with these values shall be allowed (e.g., nature education and research, fishing and habitat enhancement and protection). Ongoing/prior to approval of land use entitlement and during construction Development & Resource Management Dept. X I-6. All areas within identified riparian corridors shall be maintained in a natural state or limited to recreation and open space uses. Recreation shall be limited to passive forms of recreation, with any facilities that are constructed required to be non-intrusive to wildlife or sensitive species. Ongoing/prior to approval of land use entitlement and during construction Development & Resource Management Dept. X J-1. If the site of a proposed development or public works project is found to contain unique archaeological or paleontological resources, and it can be demonstrated that the project will cause damage to these resources, reasonable efforts shall be made to permit any or all of the resource to be scientifically removed, or it shall be preserved in situ (left in an undisturbed state). In situ preservation may include the following options, or equivalent measures: a. Amending construction plans to avoid the resources. b. Setting aside sites containing these resources by deeding them into permanent conservation easements. c. Capping or covering these resources with a protective layer of soil before building on the sites. d. Incorporating parks, green space or other open space into the project to leave these resources undisturbed and to provide a protective cover over them. Ongoing/prior to approval of land use entitlement Development & Resource Management Dept. X X X Page 16 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F e. Avoiding public disclosure of the location of these resources until or unless the site is adequately protected from vandalism or theft. J-2. An archaeological assessment shall be conducted for the project if prehistoric human relics are found that were not previously assessed during the environmental assessment for the project. The site shall be formally recorded, and archaeologist recommendations shall be made to the City on further site investigation or site avoidance/ preservation measures. Ongoing/prior to submittal of land use entitlement application Development & Resource Management Dept. X X J-3. If there are suspected human remains, the Fresno County Coroner shall be contacted immediately. If the remains or other archaeological materials are possibly of Native American origin, the Native American Heritage Commission shall be contacted immediately, and the California Archaeological Inventory’s Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. Ongoing Development & Resource Management Dept./ Historic Preservation Commission staff X X J-4. Where maintenance, repair stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Weeks and Grimmer, 1995), Ongoing Development & Resource Management Dept./ Historic Preservation Staff X Page 17 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant. K-1. The City shall adopt the land use noise compatibility standards presented in Figure VK-2 for general planning purposes. Ongoing Development & Resource Management Dept. X X X K-2. Any required acoustical analysis shall be performed as required by Policy H-1-d of the 2025 Fresno General Plan for development projects proposing residential or other noise sensitive uses as defined by Policy H-1-a, to provide compliance with the performance standards identified by Policies H- 1-a and H-1-k. (Note: all are policies of the 2025 Fresno General Plan.) The following measures can be used to mitigate noise impacts; however, impacts may not be fully mitigated within the 70 dBA noise contour areas depicted on Figure VK-4. ■ Site Planning. See Chapter V for more details. ■ Barriers. See Chapter V for more details. ■ Building Designs. See Chapter V for more details. Ongoing/upon submittal of land use entitlement application Development & Resource Management Dept. X X K-3. The City shall continue to enforce the California Administrative Code, Title 24, Noise Insulation Standards. Title 24 requires that an acoustical analysis be performed for all new multi-family construction in areas where the exterior sound levels exceed 60 CNEL. The analysis shall ensure that the building design limits the interior noise environment to 45 CNEL or below. Ongoing/prior to building permit issuance Development & Resource Management Dept. X Page 18 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. S-13-047 Date: May 29, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F L-1. Any construction that occurs as a result of a project shall conform to current Uniform Building Code regulations which address seismic safety of new structures and slope requirements. As appropriate, the City shall require a preliminary soils report prior to subdivision map review to ascertain site specific subsurface information necessary to estimate foundation conditions. This report shall reference and make use of the most recent regional geologic maps available from the California Department of Conservation, Division of Mines and Geology. Ongoing Development & Resource Management Dept. X N-1. The City shall cooperate with appropriate energy providers to ensure the provision of adequate energy generated and distribution facilities, including environmental review as required. Ongoing Development & Resource Management Dept. X X Q-1. The City shall establish and implement design guidelines applicable to all commercial and manufacturing zone districts. These design guidelines will require consideration of the appearance of non-residential buildings that are visible to pedestrians and vehicle drivers using major streets or are visible from proximate properties zoned or planned for residential use. Ongoing Development & Resource Management Dept. X X Page 19 A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST Site Plan Review Application No. S-13-047 This monitoring checklist for the above noted environmental assessment is being prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), as required under Assembly Bill 3180, and is intended to establish a project- specific reporting/monitoring program for Site Plan Review Application No. S-13-047. Verification of implementation of these mitigation measures, in addition to the applicable measures specified for this project per the Mitigation Monitoring Checklist prepared for this project pursuant to Master Environmental Impact Report No. 10130 - 2025 Fresno General Plan, will be required upon approval of any special permits and prior to operation. The section numbers below refer to corresponding sections of the Initial Study checklist for this project, using the Appendix G format from the CEQA Guidelines. I. MITIGATION MEASURES FOR AIR QUALITY MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY Project shall implement and incorporate, as appropriate all mitigation measures as identified in the attached Master Environmental Impact Report No. 10130--2025 Fresno General Plan Mitigation Monitoring Checklist dated May 29, 2014. Applicant Processing and review of project proposal prior to approval. City of Fresno Development & Resource Management Department Pay applicable Indirect Source Review off-site mitigation fee and adhere to the District’s adopted document titled Guidance for Valley Land-Use Agencies in Addressing GHG Emission Impacts for New Projects Under CEQA. Applicant Prior to issuance of permits. City of Fresno Development & Resource Management Department and San Joaquin Valley Air Pollution Control District PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 2 Project shall comply with security plan review and audits that are required by the Department of Homeland Security. This is to include facility and transportation security. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and the Department of Homeland Security PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 3 II. MITIGATION MEASURES FOR HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY Approval of any future development entitlements on the subject site must comply with all goals and policies contained in the 2025 Fresno General Plan and the Edison Community Plan. Applicant Entitlement processing City of Fresno Development & Resource Management Department. Project shall comply with all of the requirements stipulated in the Chemical Storage Guidelines (Chapter 6: Prevention Program (Program 2) prepared by the National Association of Chemical Distributors (NACD) dated January 27, 1999, or its most current form. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and NACD. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 4 Project shall comply with all of the requirements stipulated in the Guidelines for Safe Warehousing of Chemicals prepared by the Center for Chemical Process Safety of the American Institute of Chemical Engineers National Association of Chemical Distributors (NACD) dated 1998, or its most current form. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and NACD. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 5 Project is to implement an “occurrence database” to source all loss producing events such as personal injury, spill, and fire or vehicle accident. Near misses are also to be recorded and investigated in the same system. These events shall be resolved as appropriate through an established “root cause analysis and corrective action (RCACA) process. Historical data shall be available upon request. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department and agency designated for monitoring compliance by law as may be updated. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 6 Incorporate training program to include safety and environmental video training modules, instructed classroom training as well as “tailgate talks, safety meetings, and on-the-job instruction. This shall be monitored through Brenntag’s “Pure Safety training software.” Modules are to include general awareness, hazard classification, shipping papers, marking and labeling, placarding, emergency response, and packaging selection in UN approved containers. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department and agency designated for monitoring compliance by law as may be updated. Project shall comply with permits and audits required by the Drug Enforcement Administration which regulate drug precursor chemicals. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and the Drug Enforcement Administration PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 7 Project shall comply with an established Illness and Injury Prevention Program to prevent workplace accidents, illness, and injuries. Each branch’s program is tailored to be site specific and shall include the following provisions: • Program administrator responsible for implementing and maintaining the program; • Scheduled and unscheduled safety inspections; • Hazard assessment process to analyze any new substance, procedure or equipment introduced into the workplace and develop appropriate controls; • Safety Suggestion Box; • Comprehensive incident investigation to include all accidents and near misses; • Branch specific safety rules; • Appropriate training; • Safety meetings; and • A process to ensure compliance with all elements of the program. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department and agency designated for monitoring compliance by law as may be updated. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 8 Project shall adhere to safety policies, procedures and work instructions, including, but not limited to: • Hazard Communications/Workplace Health and Safety Information System • Use of Personal Protective Equipment • Respiratory Protection • Access Requirements for Contractors at Company Sites • Commercial Carrier Qualifications • Forklift Operations and Safety Practices • Permit-Required Confined Spaces • Lock Out / Tag Out Procedures • Emergency Response and Communications • Facility Inspection and Maintenance • Vehicle Inspection and Maintenance • Safe Loading and Unloading (Bulk and Non-bulk) • Safe Product Storage • Safe Transportation and Delivery • Driver Qualification Process • Site and Transportation Security • Specific work instructions for critical tasks Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department and agency designated for monitoring compliance by law as may be updated. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 9 An Emergency Coordinator (EC) shall be designated to the proposed site to manage the response to hazardous materials/waste incidents resulting from fire, explosion, accidental release, natural disaster, or terrorist activities. This includes an Emergency Preparedness Contingency Plan (EPCP) developed in accordance with Title 40 of the Code of Federal Regulations (CFR) Part 262, Title 29 CFR Section 1910.120 and 1910.38, and California Environmental Protection Agency (CEPA) s.36 (1-3). An EPCP shall be developed for the project site to assist the EC or his/her designee(s) in determining appropriate response procedures. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and agency designated for monitoring compliance by law as may be updated. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 10 Project shall comply with all transportation related permits, vehicle inspections, and facility audits required by the California and United States Department of Transportation related to the project site. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management and the Department of Transportation Project shall comply with all precursor chemical permits and reporting and audits that are necessary to regulate drug precursor chemicals. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and the California Department of Justice Project shall comply with all permits and audits required by the California and Federal Environmental Protection Agency. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and the Environmental Protection Agency PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 11 Project shall comply with required audits associated with employee safety as required by the Occupational Safety and Health Administration. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to permit issuance City of Fresno Development & Resource Management Department and the Occupational Safety and Health Administration Project shall subscribe and comply with the following “non-governmental programs”: • American Institute of Baking (food safety) • International Standards Organization ISO 9001:2008 (quality management systems) • National Association of Chemical Distributors (chemical distribution safety and compliance) • National Sanitation Foundation (drinking water safety) Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to permit issuance City of Fresno Development & Resource Management Department and agency designated for monitoring compliance by law as may be updated. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 12 All emergency plans are to be submitted to the City of Fresno for review and approval prior to permit issuance. Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department Project shall participate in a Local Emergency Planning Committee where local response agencies (fire department, public health department, hospitals, etc.) and the community (i.e., District 3 leaders and residents) are made aware of activities and controls that are in place to prevent and control any accidental release of a hazardous material. One example includes “mock- drills” in conjunction with local fire departments to practice the project’s counter measures. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 13 Brenntag’s site assessment “conducted before any new facility is purchased or leased” shall be submitted to the City for review. This assessment is to indicate that there are no existing environmental hazards affecting the health of employees or the public. Including a 50- year chain of title review, review of soil and geologic information and environmental inquiries to local regulatory agencies. A thorough review of any environmental impacts, associated permits, and recordkeeping activities shall be conducted prior to Brenntag closing their existing facility in partnership with Fresno County. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department Brenntag has a national contract with CURA Emergency Services. CURA has contracts with specialized local contractors throughout the nation. They are available to assist 24 hours per day, 365 days per year to clean up spills. Documentation and agreements shall be submitted to the City for their records. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 14 Project shall obtain or prepare the following permits, registrations, and plans and submit to the City and their respective entity for further review: • San Joaquin Valley Air Quality Management District Air Permit • Consolidated Unified Program Agency Permit • California Highway Patrol Hazardous Materials Permit • California Department of Justice Precursor Chemical Permit • Pipeline and Hazardous Materials Safety Administration Hazardous Materials Shipper/Carrier Permit • Federal Highway Administration Operating Authority Permit • Environmental Protection Agency Federal Insecticide, Fungicide and Rodenticide Act Registrations • Occupational Health and Safety Administration Air Pressure Vessel Permit • California Department of Agriculture Feed and Fertilizer Permit • Storm Water Permit • A Storm Water Pollution Prevention Plan • Monitoring Program Plan Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance or permits City of Fresno Development & Resource Management Department and respective organization referenced PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 15 Brenntag shall be regulated through the following agencies and provide verification. Some have been defined further within the Project Specific Mitigation Measures document. Federal: • Occupational Safety & Health Administration • United States Department of Transportation • Federal Motor Carrier Safety Administration • Pipeline Hazardous Materials Safety Administration • Federal Railroad Administration • Environmental Protection Agency • Federal Insecticide, Fungicide, and Rodenticide Act • Food and Drug Administration • Department of Justice • Department of Homeland Security State: • California Occupational Safety & Health Administration • California Environmental Protection Agency • Consolidated Unified Program Agency • California Department of Justice • California Highway Patrol Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and associated agency/department PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 16 Onsite containment will be as follows: Within the Building – The areas within the building where hazardous chemicals will be stored shall have a system of curbs, drains, and containment areas that will keep any spills on site and contained until they are appropriately tested, neutralized, and cleaned up. Engineering controls such as scrubbers will be installed to reduce hazardous vapors from affecting the employees and the surrounding areas. Rail Car/Truck Unloading – Liquid chemicals from trucks and railcars shall be offloaded into approved external bulk storage tanks. Those liquid chemicals arriving in trucks shall be offloaded in the tank storage load out area which is designed to contain any spills until they can be appropriately neutralized. Those liquid chemicals arriving by railcar shall be top offloaded into the bulk storage tanks, a process which is designed to help eliminate any catastrophic spills. As a further precautionary measure, the company shall place large plastic bins under the railcar connections to collect any Applicant Prior to issuance of permits and throughout the life of the project. City of Fresno Development & Resource Management Department and Respective Oversight Agency PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 17 accidental spillage. The external tanks will shall be used for the storage of the following bulk liquids: • Sodium hydroxide 50% in a 25,000 gallon steel tank. • Sodium hydroxide 50% (low iron) in a 6,200 gallon poly tank. • Potassium hydroxide 50% in a 25,000 gallon steel tank. • Potassium hydroxide 50% (low iron) in a 6,200 gallon poly tank. • Hydrochloric Acid 36.5% in a 25,000 gallon FRP tank • Sodium hypochlorite 12.5% in an 8,300 gallon poly tank and a 6,200 gallon poly tank. • Citric Acid 50% in two 5,500 gallon poly tanks. Tanks and Tanker Load out Area – This area shall be contained within itself for spillage and rainfall and adhere to the following: Concrete containment cells shall be engineered to handle the weight and volume of materials present in the storage tanks. The proposed system is designed to handle 110 percent of the capacity of the largest tank anticipated to be installed, which conforms to the requirements of the California Building Code and the California Fire Code. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 18 Tanks and tanker load out area and containment area shall be visually inspected on a daily basis. Yard – The entire site has been designed to contain up to 3 inches of rainfall, stored in a depressed area of the site and the truck loading dock. The rainwater is prevented from leaving the site through a valve system. The rainwater, both on the site and in the tank containment area will be tested to assure that no contaminants are present. If there are contaminants, the water will be appropriately treated and retested to assure that they have been neutralized and that the water is safe. Once the water is determined to be safe, the valve is opened and the water will be pumped out to the storm water system. Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 19 Consult with the California Department of Toxic Substances Control and provide the City of Fresno with documentation stating that none of the chemicals housed are defined as “primary toxic substances.” Provide proof of initial compliance to the City of Fresno and ongoing proof of compliance to the agency designated for monitoring compliance by law (if applicable) as may be updated. Applicant Prior to issuance of permits City of Fresno Development & Resource Management Department and the Department of Toxic Substances PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST FOR EA NO. S-13-047 MAY 29, 2014 Page 20 Storage tanks shall adhere to the following standards: • Steel and stainless steel tanks shall be built to American Petroleum Institute (API) or Underwriters Laboratories (UL) standards • Fiberglass (FRP) tanks shall be built to the American Society for Testing and Materials (ASTM) 3299/4097 standards • Poly tanks shall be built to the ASTM D1998 standard • Storage tank system shall be designed to automatically alert the operators when 90% of tank capacity has been reached and to automatically prevent tank capacity from exceeding 95% capacity, as proposed • Tanks shall have individual pumps for each material stored at the facility • Hoses shall be tested at time of purchase and every six months afterwards. Hoses shall be visually inspected with every use for signs of non-compliance Applicant Prior to issuance or permits City of Fresno Development & Resource Management Department Rf CEIVED ZÛ1l1 N|JG 26 PN 3 29 Agenda ltem:6:00 P.M. Hearing lD#t4-297 Council Date: 81 28l20t4 crTY 'LER*' toFHÊSNo crrY cou Ncr L Cily otEEDEGltrs\r/zfffE-=iE7¿¡rs- Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2Ot4 Supplemental Packet Date: August 26,2OL4 Item(sl 6:00 P.M. Hearing lD# L4-297 - HEARING to consider Site Plan Review Application No. S-13-047 and related environmental assessment for the property located on the West side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) 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 (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-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disab , please see tTECEIVED Agenda ttem: G:00 p.M. Hearing tD#L4-2g7 Council Date: 81 281 2Ot4 ¡í111 frij6 26 Pn 3 29 crly cLERÍ{, TREREASNO CITY COU NCI L City of =o=arrs\l/zfflE-=iEZ¿¿Ñ-- Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2OL4 Supplemental Packet Date: August 26,2OL4 Item(sl 6:00 P.M. Hearing lD# t4-297 - HEARING to consider Site Plan Review Application No. 5-13-047 and related environmental assessment for the property located on the West side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) 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 Disab¡l¡t¡es Act (ADA): The meeting room is accessible to the physically disabled, and the servíces 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 621.-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 R ICEIVED ¡û1,{ fiij0 28 Pn 3 29 Agenda ltem: 6:00 P.M. Hearing lD#t4-297 Council Date: 81281 2Ot4 CITY CLERK. F#ftEsNO CITY COUNCI L Ë5=ollsrzz:fflE-=iEzz¿ñ--- Supplemental lnformation Packet Agenda Related Items - Meeting of August 28, 2Ot4 Supplemental Packet Date: August 26,20t4 Item(sl 6:00 P.M. Hearing aD# t4-297 - HEARING to consider Site Plan Review Application No. S-13-047 and related environmental assessment for the property located on the West side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) 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 (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 621-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see Securi ,1[CEIVED ¿ìln nijû Zô Pn 3 Zg Agenda ltem:6:00 P.M. Hearing lD#t4-297 Council Date: 8l28l2OL4 ciTy cLERi{, FRTSHFRESNO ClTy COU NCI L City ofEEDEGllls\r/zfflE-=iE7¿¿lr--- Supplemental Information Packet Agenda Related ltems - Meeting of August 28, 2Ot4 Supplemental Packet Date: August 26,2OL4 Item(s) 6:00 P.M. Hearing aD# t4-297 - HEARING to consider Site Plan Review Application No. 5-13-047 and related environmental assessment for the property located on the West side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(21. ln additíon, 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 ¡nterpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office at 621-7650. Please keep the doorways, aisles and wheelchair seating areas open and accessible. lf you need assistance with seating because of a disability, please see FIICEIVED ¡|]ltt fiij6 27 RR 10 3I Agenda ltem: 6:00 P.M. Hearing lD#t4-297 Council Date: 81 281 2OL4 crTY 'LERK' FRESHmEsNo crry cou Ncr L Ciry ofEEDECI\l-*",-:fflE-=¡E=z¿¡S Supplemental lnformation Packet Agenda Related ltems - Meeting of August 28, 2OL4 Suppfemental Packet Date: August 27,20L4 Item(sl 6:00 P.M. Hearing lD# t4-297 - HEARING to consider Síte Plan Review Application No. 5-13-047 and related environmental assessment for the property located on the West side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) 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 (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 priorto 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,see Security. r-iolden i,i ilestside Lrlanning tlommittee RilCIIVED i:î, ?1 fiR i0 26 CITY CLËRX, FP.iSÈiO CA "Serve the Golden Westside through open communication, whereby our community con achieve greoter growth, health, economic stobility, and become os prosperous ds any other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAT PTANTS IN OUR COMMUNITY" PLEASE SIGN OUR PETITION 3o7/37 RECEIVED ',:i1l .^'tı -tí.iì i -¿ c i r:ll 10 26 C;ïY C!_tnii, FRISNû CA Sou.l]r {ìolden',tt:'esÊside L'lanning'*..ommittee "Serve the jolden Westside through open communication, whereby our community can achieve gredter growth, heolth, economic støbility, and become as prosperous as any other'pøtt of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAL PTANTS IN OUR COMMUNITY' PLEASE SIGN OUR PETITION w t-,;olden r.' estside 'lanning .otTllTtiffiee Rf Cf IVED ¡,ri.j i,i3 Z? fiíl i0 26 CITY CLiR}í, FRiS}iÛ ûÂ "Serve the 6øtden Wesfsíde ¡ltrough open Ôülnmunìcatlon,y¡llereby our CÖmrnunity can açftlçve greoter growth, hedtth, economìc stabÌlìty, and betame as prosperous as ony other Part CIÍ the Ctty o! Fresno." We the citizens of West Fresno, petition the city Council tö oppose the proposed Brenntag chemiqal plant site as notÈd in the appltcation 5-13-ü47. A compailv that will Þrçsent a tremendous health risk to all of r¡s. TH¡S TYPE OF OpqRATtON p05ES AN EXTHEME HAZARD TO OUR COMMUNIÏY.... "NO MOftE HAZARDOUS CHEMICAI. PNruTS N OUR COMMUNITY" PLËAsE SIGN OUR PETITION " olden .'estside lanning ommittee Rf CEIVED i.1T r;,,j z? ÊR 10 2S CiTY OL[R}{, FRESIiO CA "Serve the Golden Westside through open communícation, whereby our community con achieve greoter growth, heolth, economic stability, ond become as prosperous as ony other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUN¡TY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY" PLEASE SIGN OUR PETITION 'tr.y^oJÀ ìïä'ffi\ SIGNATURE rad 5/a t*t-¡¿p¿/ I ¿22 ¿224. Te¿/* rú¿e Z?? -t âtr RECETvES-\C¡¡lå\ Ø€Sl- ¡iit Ê13 z? Fn 10 26 CIiY CLERIí, FRiSiiÛ CA "Set1r¡e the Golden Westside through open communication, whereby our comm.tnity con achieve greater growth, heølth, economic støbility, snd become os prosperous as any other pon of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS ¡N OUR COMMUNITY" PLEASE SIGN OUR PETITION l"iolden *,"iiestside Flanning üommÍttee {-ìolden 1,É¡estside í?lanning tlommÍttee RECf IVED ¿:il rì-i Z7 fin t0 2Z CiÏY CLIRK, FRiSHO CA "Serve the Gotden Westside throuEh open cammunication, wherehy our cammuníty con achieve greøter growth, health, economic stability, and become as prosperous as ony other port of the City.of Fresno.' We the cÍtizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... ONO MORE HAZARDOUS.CHEMICAL PIANTS IN OUR COMMUNITY' PLEASE SIGN OUR PETITION Iì f CEIVED fþlden\,ê,"estside;rlanning,.-lommittee ¡iil i"; Z? fin l0 27 CITY CLTRK, FRTSHO CA "Serve the Golden Westside through open communication, whereby our community can achieve greoter growth, health, economic stability, and become os prosperous os any other port of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-L3-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... ,NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY' PLEASE SIGN OUR PETITION NAME ADDRESS PHONE SIGNATURE Jos=rrs ¡ 6vrt,ug+¡+¡c 5il+ 5 Ep¡,uzçy ft=*o 61c1o Cæ\ zst'ttt>(\,,Jn Ã, l)"'r+,ru*$þ ([rcir r\/r (-*.,'lV\\(13 N\- (rtvnqci.". A,B trßff)554 ) 715-\j)1c4ct / " X.,;ø- kn\àa¿+la à,ræn 41tl ï,J &ø,vrmr, üns4ltlz ffiq\ ho-Abob t\ruíultaûAØÞ- A\u e¿ f*<+¿^a - fwi l\e ,z i5)q 3 "R"ecredfiìn. .4o'l-Q S¿11 nilra,lo*ttltWh êtm,tÅ ìA-,1 te.e l(r4 9. Aeuea*ís¡."qqq-þ3 üald- lvd^ Ttrt\rrnc \ùùa ..htn li,#ytn}w-rf)< Nn{ Ëo-- I .ç Ll¿t-. -J*Aqt-t lss\ l^ql-- ¿.ss.g /t/r-J:. {o-tr/:- -k ì-r- \- , 1û1"^l ^,.T:ltt 3l,'1,,çà^gzlua lcs - 4rlq ¿ r,,-l q tÞo4r<-t . \-- çr' t)xa-l^ Lòu,, z Ç--Zln < l',1t Ø-J st--ßq 2 sq- s88,3 h^¿--, ¡*¡.jl."e[z--- R TCEIVED ï Rn 1û 2?s^ìolden'ls,,'estside l ilanning,.iommift ee CITY CLERK, FRESNO CA "Serve the Golden Westside through open communícation, whereby our community can achieve greater growth, health, ecanomic stabílity, and become qs prosperous ds any other part of the City of Fresno." We the citizens of West Fresno, petition the city Councíl to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... ,NO MORE HAZARDOUS CHEMICAL PTANTS IN OUR COMMUNITY' PLEASE SIGN OUR PETITION NAME ADDRESS PHONE SIGNATURE :1l" ,nlr.æ. 'fi'l h'h¡t t 3f/{q \,). fTlod,eryr QerU,11u- QqL-rQ Cholrr¡¿ t oA'ffiroX-þ)l(fnuÅr-Op.^W Lil 4f W'Co,*e*ti-îna T7f-otnof \ a r^ L- lzn - (*>¿ ltWßzE€- Dlt;>a-ULtl -15.-12 ¿ lbn¿rrä \ìlr( rìYl*-?r5)-* tlSV Ðncæ klpxarcfl¿r 142€.AJiþ'n¿r¿é27ü- î'?9,/ K\)rt Vu ,r I u þa-..,. r à" v 4l c4 L I/..j (l,uh.t n l("o - RSSK )6- -fu[rt, z-z I lf17v4*4ts%?ir:.ah 7o lnn i, ll,E*vçflr12 4 ¿145-,rc-rTL =U Ó ñbe-[ NAø cvu îq>z w n:hy"[* Av^-4qq--7/>t Aen,ta t on^l2ô 'Vur N WXa'd-'+1s--rctl .,-ffi Rf Cf IVED ¡irÏ î.'l Z7 RR 10 27 CÍTY CLT2K, FRISI{O CA "Serve the Golden Westside through open communicotion, whereby our community can dchieve greater growth, health, economic stabilíty, and become as prosperous as ony other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-L3-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... ,NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY' PLEASE SIGN OUR PETITION b5q\ 231'ú15i0r\9ç¡p,)vrrlu ßsq) '231lt15Wlç S¡*rir+ 1 ) ßrøø I z3'1-t\1b RECEIVED ¡,t]T i.rü z7 f,ii i0 27 CiTY CLIRK, FRISH' CA ¡þlderl 'rSerye the #ntden Westside tllrough oPen ffimmunicotion* 14¡¡ereby ouf 6ü[nfiçnity can r¡ehieve greater grov,tth, he1jth, economic s¡sþlttty, ond bewnle ãs prosper uu$ ds any othet þùrt of the City af Fresno"' we the citizens +¡f west Fresnff, petition the city council tö oppose the proposêd srehntag chernlnal plant 5¡t€ ÊË nrstbd in the apprllcation 5-13-ü+7, A comFärty that will Frþsent a trerr¡flñdous health risk to all*f r*s' THI$ TYPE OP OPËNATION POSES AN ËXThEME HAIARD TO OI,.üft COMMUf{ITY"" "NO MORË HAZARDOUS CHEMITAT PI.ANTS üN OUR COIMMUNITY'' PLEASE SIGN OUR PETITION T{7 -Çu¿ \: ebq -3 8]2 ¿;cfi'lû,,(_ j13òA E: l-ìolden \.fu'estside Tllanning tlommittee RECEIVED irlil friri 2i tìR 10 2Z CITY CLERK, FRTSNO CA ,,serve the Gotden westside thr.ough open communícation, whereby our communíty can achleve greater growth, health, economic stability, and heco,me os prosperous cts øny other pqrt oÍ the City of Frssno'" We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAT PLANTS IN OUR COMMUNITY' PLEASE SIGN OUR PETITION 5 în* 4r< 7'>o RTCf IVED n|j ?7 nrl LA ?? CITY TLTiií, FRISIiO CA ,i-îolden \s"¡'estside ínlanning q]ommittee "Serve the Golden Westside through open communication, whereby our community can achleve greater growth, health, ecanomic stability, and become as prosperous qs øny other part of the City of Frssno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous healt,h risk to all of us. THIS TYPE OF OPERATION POSES AN ÐffREME HAZARD TO OUR COMMUNITY.... ONO MORE HAZARDOUS CHEMICAT PLANTS IN OUR COMMUNITY" PLEASE SIGN OUR PETITION SIGNATURE ¿61 72ç 22(5 lFìlt ¿r (*,et ss4 - 5t1- Sb il/'12" liolden lVestside [ilanning t-,ommiûee RECEIVED ¿lltl nrû Z? RR 1û ZZ C'TY CLERK, FRES¡JO CA oSerue tha ãolden lüestside through open cammunicqtÍon, whereby our cammunlty cøn achleve greater growth, heqlth, econamic stdb¡l¡ryr' ond hecorne as prosperous ds dny other pdft of the Cìty of Fresno," We the citlzens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application $13447. A company that will present a tremendous health risk to all of us, THIS TYPE OF OPERATION POSES AN EKTRETúE HAZARD TO OUR COMMUNITY.... "NO MORE HAZARDOUS CFIEMICAT PTANTS lN OUR COMMUNITY" PLEASË SIGN OUR PETITION ;¿77 al - /+r¿ ,4.<, i-,olderr i:.iesrside ; -lanning ilomrnimee RECEIVED ¿i]r niû z? nn n ?7 C¡TY CLIRK, FRISNO CA "Se¡ve the aolden Wesistde thrcugh ofrn cammanÍcotíon, wherchy our community con dchieve greüter growth' heaÍth' economîcstÐbilfv-. otd became as Fftsperous ü5 ttty other port of the City of Frcsna.. we the citizens of west Fresno, petition the city councilto oppose the proposed Brenntag chemical plant site asnoted in the applícation 5-13-o47. A cornpany that will present a tremendous heahh risk to all of us. . THIS TVPE OF OPERATIOÍ{ FÍ}SES AH EXÍREIUE |¡AZ{RDTO OUR COIìrlMUNÍty.... olìfo IlrloRE FlllZARooUs cHE¡¡¡¡cAt pLAt{TS ¡N OuR coMMUNtrv. PI."EASE SIGN OUR PETITION åÐÐßË5S 6Kl.- ql3t IÆ:E:A --¿r" 3xe - ?¿ 7,t :Æ--zrL ,N Ct¿ry ñ ¡-ìolden i'i., estside i:.ianrring i-lomrnimee Rf CEIVED ¡ûtq niJLì 2i FìR 1û 2g CIÏY CLERËi, FRISI{O CA "Se¡ve the Golden Westside thrøugh øpen Eommunícøtîon, whereby our clfivnunity cøn achleve greoter growth, he¿titiz, ecanomicstabîtiiy; snd become üs prcs4erûus as any other pon af the Ë¡y of Fresno., we the citizens of West Fresno, petítion the city csuncilto oppose the prcposed Brenntag chenrical plant slte as noted in the application 5-13-047. A comBäily that wí[ pr€sent a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EKfREME HAZARD TO OUR COMMUNINT*". ONO MORE HAZARDOUS CHEMICAT PI.ANTS IN OUR COfr/IMUNITY' PIËA5E SIGN OUR PETINOru ADDRESS I PHONE LU-L--srr:ÉË-f¿ | ss¡- t)i!øià53 5 . Ci*-,\ Tfq - >¡ L- 7zt q tv I t -Lr (_, 5'î1 -t¡¡tp-3)5 'tL,rÉz¿i '_ ifolden "''i' estside iÌlarmfurg':=-"ornmitt'ee R f CEIVED illï FirG Z7 RR 10 ?B CITY CLËRK, FRISNO CA oSente the Goldett wesæide tlirough open Êtmmiunîcotíon, whereb. y our æmmunw cøn dchleve greater growth, heatth, ecanomíc stabi¡ity, ond becûnre rrs prüsryrous æ ony other patt oi tfie CiÌy af FFpsno'" we the citízens of west Fresno, petition the city council to oppose the propesed Brcnntag chemícal plant site as noted in the application s-13-047. A company that will present a tremendous health risk to all of us" THts rypc oF opERATtoN pôsgs AN rX[ffin¡E'HßTARDTo oUR ccMMuanfil"" fNo MoRE HAZARDOUS CHEMICAI P[.Aû|TS IN OUR COMMUNITYff PLEÆE SI6TT¡ OUR PET¡TIOÈI 0u.lt,_,r,lf-f b1\ FHÛNa7ã L3¿ - ZSq çStzr ¿.tÊ/¿ a(fe 2. D. l-t.,., S .{rpyrkNl.('51) >1<- \VLl i-,J forwì¡ [^íq;ul ¿¿1ó- t¡ / ) c¡ t3olden \fu estside illanning {-lommittee Rf CEIVED ¡ûiT Íìtû 27 RR 10 28 CITY CLERí{, FRESNO CA "Serye the Golden Westside through open cammunication, whereby our communíty can achieve greater growth, health, economic stability, and become ss prosperous qs ony other port of the City of Fresno." We the cÍtizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS WPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... .NO MORE HAZARDOUS CHEMICAT PLANTS IN OUR COMMUNITY" PLEASE SIGN OUR PETITION olden,,,,'estside lanning ommittee R ECf IVED ¿{11 ÍìiG z? RR 10 ?8 CIÏY TLERK, FRTSNO CA "Serve the Golden Westside through open communication, whereby our community can ochieve greater growth, heolth, economic stobility, and become os prosperous os any other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS ¡N OUR COMMUNITY' PLEASE SIGN OUR PETITION NAME ADDRESS PHONE SIGNATURE ØtKV,," ûg /ri /4 /t)" fl4¡tz!6 øqb - ât¿tØ M Lp rf,,.-lír -, Q i ,ç-s.o I I \C5 tU t¡ . i^,,\,/pr\?c;< *=Õ21 iad A ''[,øttr1 è l= z f-, t/Yf.-.te (9 a1Y-Ô/^n*'ü;tl¡e lnurtG-/-1 3 '-',W\þ(s- 47U- h[ooK I /'1h ¿ 767//44 i'raa1" . {l^rrìt Sttl t slo¡,sVx,ns Llç3-5aPo gre- -Lle*) / Ú,'r)¿vic^ irncO<¿ fl \3 i+ \Ê . rYî\Lr€rs aLt ) (.Çr- \\<q /,m^hñtr^-¡, \r,,^ fèr¿¿t "-f ir n,rñ<r r:-t rÀ\4 \^f *11¡ÉîznftÉ Lbç,"1\3c1 fr;"t"/ ,,,,f-,-¿"^'I 3nor,:nk-^.v'tc, dìin rr¡.,'l \ lotnC\ É..(lr.,^.-^Ñ "?t ,Q-(tr,¡l (\'K"-Bùr¡i.Õ f)e=*l.', n {-Lr, \r^r:<) t"7"0- r, . rn)n r,,l S '{-"t< ' qloD J I olden estside lanníng ommittee R f CEIVED rlil lirG 2? Rn 10 ?B CITY TLIRX, FRESNO CA "Serve the Golden Westside through open communication, whereby our community can qchieve greater growth, health, economic stability, and become as prosperous os any other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY, PLEASE SIGN OUR PETITION \ ;7,2 l'z¡ ,'I NAME ADDRESS PHONE .- StGNATURE_ \-:) ,-:77t j .rLr",-__-'4¿ /ZO yf),,pvrb ?e / á ßwù- Ar t-ss?@Tss-?3s?t U V,^4t^^^ C--A r.L- \gíSu=75$ uf)Srr¡o"Æ l3-S rî7 4q107.1s- /'4Nrc, ,\^ -\^.n1'^\ Kr|-tr*n,l c llnf/,¿ ,trc /l 7 o7 t áqnfu"' [--"oçåA^,^,,."-LLi )I llt q1C,)=c=55q-465-G4^? 1'*r ëÆ¡"çt ttu.t-r ) t;={ -4"L ¿, r / >. ! .-'¿ tnf.æî -(t''-2,t.-,*-'7 íi ri *í*rtL,ù, j- Zu Ê1 ) Nil-rr-i\¡ €ir¿s51=h - q7q Y lr{" ( [i "rn,:,'i,L],:.ïr< o,,i,,.iJ, t^ -- <- t/- t./ t / / \ I I ^/- L4- ./ . (- l,l{ t4 ll /172 ¡Y'kz"'*(' olden .'estside lannÍng ommíttee RECEIVED ¡ù1I n.iû zi RR 10 28 CITY CLERK, FRESNO CA "Serve the Golden Westside through open communication, whereby our community con achieve greoter growth, health, economic stobility, ond become ss prosperous as any other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUN¡TY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY" PLEASE SIGN OUR PETITION \blV Co\\tn5 Aue Z b(\lrZg.'cQqÞ de lanning ommíttee RECE'VED ¿tiT iìijû 2? nn 10 28 CITY CLERtr, FRES¡,IO CA "Serve the Golden Westside through open ccmmunication, whereby our community can achieve greoter growth, heolth, economic stability, ond become os prosperous as any other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY,, PLEASE SIGN OUR PETITION ADDRESS olden ' , estside lanning ommittee RECEÍVED itlll frUi ZT RR 10 ZB CITY CLERff, FRESNO CA "Serve the Golden Westside through open communication, whereby our community can achieve greater growth, health, economic stability, ond become as prosperous qs ony other port of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITY.... 'NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY,, PLEASE SIGN OUR PETITION SIGNATURE \ 1r a- lliz .l I zUn 11 ¿'Õ .Ç C: 2 .^À. a-l{ Ð )J / Jø-/-LlUr) ('' 5. Clan-a, I rSsT ) ¿sz4îoL 5t j 2¡g.czti R ECf IVED ¡rl1.l Rü0 27 fin 10 Zg CITY CLERK, FRESNO CA "Setve the Golden Westsìde through open communication, whereby our community can achieve greoter growth, heølth, economic stabîlíty, and become as prosperous as any other part of the City of Fresno." We the citizens of West Fresno, petition the city Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A company that will present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUN¡TY.... ,NO MORE HAZARDOUS CHEMICAL PLANTS IN OUR COMMUNITY" PLEASE S¡GN OUR PETITION 281 -s b3 {.;olden,å¡estside i'lanning r'-ornmittee R ECEIVED Ì,J11 fr'lï 27 RR 10 Zg CITY CLERI(, FRESNO CA oserve the Golden Westslde through open eommunicatlon, whereby our communlty can dchleve greoter growth, health, ecanomic stdb¡l¡ty, and hecame as prosperous ds any other pãft of the City of Fresno"" We the citlzens of West Fresno, petition the city Council to oppose the proBosed Brenntag chemical plant site as noted in the application 5-13-047. A cornpany that wìll present a tremendous health risk to all of us. THIS TYPE OF OPERATION POSES AN EXTREME HAZARD TO OUR COMMUNITr.... "NO MORE HAZARDOUS CHEMICAT PI.ANTS IN OUR COTÚMUNITY" PLEASE SIGN OUR PETITION - lcts . o&éy' liol¿le¡r =' .',' esrsi¡Je :'.lanning .. -ornrníttee RECEIVED ¡¡j1I nlJG 27 Rn 10 ?9 CITY CLERH, FRESÈJO CA osewe the Golden Wesiside tlwough oren communicdtíon, whercby our community can øtfiìeve greater grawth, health, economíe stabiffi, anei become frs ptssp=tetJs {¡s rrny ather pørt ø! the Citf of Frgsac-* We tfte citizens of West Fresnq petition the cÍty Council to oppose the proposed Brenntag chemical plant site as noted in the application 5-13-047. A compãny thatwíll present a tremendous heahh risk to all of us. THIS TYPE OF OPERATION POSES Ail EXIREME TIAZARD TO OUR COMMUNÍTII.... "HO MORE HA;EAROOUS CHEtvilCAt pt-AttTS tt{ Ot R COMn/fUl{lTY', PTEASË SIGN OUR PETITION