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Home My WebLink About2014-09-25 Council Agenda PacketThursday, September 25, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final Regular Session September 25, 2014City Council Meeting Agenda - Final The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The 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 8:38 A.M. ROLL CALL Invocation by Minister Bryson White of the St. Rest Baptist Church Pledge of Allegiance to the Flag Ceremonial Presentations: Page 2 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Recognizing the Fresno-Münster Sister Cities Ambassador Exchange Program - Council President Brandau ID#14-385 Proclamation of “ACTIVE AGING WEEK”ID#14-393 Sponsors:Council President Brandau and Baines III Approve City Council Minutes Approval of City Council minutes from September 11, 2014ID#14-403 Approval of amended minutes from August 28, 2014 that now include, on page 12, a correction read into the record by Personnel Director Cardell indicating that the Resolution approved as part of File ID 14-276 would be effective as of August 25, 2014. ID#14-404 Councilmember Reports and Comments Approve Agenda 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Approve a substitution of Starace Mechanical Heating and Air for the Universally Accessible Park (Council District 1) ID#14-2561-A Sponsors:Public Works Department Page 3 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Actions pertaining to grant funding from the FY 2013 Assistance to Firefighters Grant Program through the U.S. Department of Homeland Security 1.RESOLUTION - Authorizing the application for and acceptance of FY 2013 Cycle U.S. Department of Homeland Security Assistance to Firefighters Grant and authorizing completion of required documents 2.*RESOLUTION - 15th amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $374,600 to the Fire Department for replacement of personal protective equipment (Requires 5 affirmative votes) ID#14-3101-B Sponsors:Fire Department Approve the acquisition of permanent pipeline right-of-way easements and temporary construction easements from Mary Lynn Haungs from APNs 580-040-03 (portion) and 580-040-04S ID#14-3151-C Sponsors:Department of Public Utilities Approve the acquisition of permanent pipeline right-of-way easement and temporary construction easement from Gerald Shmavonian from APN 580-020-42 ID#14-3171-D Sponsors:Department of Public Utilities Approve a substitution of Playground Unlimited for the Universally Accessible Park (Council District 1) ID#14-3351-E Sponsors:Public Works Department *BILL NO. B-38 - (Intro. August 28, 2014) (For adoption) - Repealing Section 4-111 of the Fresno Municipal Code and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements ID#14-3471-F Sponsors:Office of Mayor & City Manager Authorize the acceptance of the grant award from the California Endowment & Fresno Regional Foundation and authorize the chief of police to enter into and execute the agreement for all required program documents ID#14-3651-G Sponsors:Police Department Page 4 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Authorize the City Manager or designee to enter into a month to month successor agreement with the County of Fresno to deliver and dispose of municipal solid waste during the negotiations of a successor agreement to American Avenue Landfill ID#14-3162-A Sponsors:Department of Public Utilities Authorize the City of Fresno to enter into a three-year agreement with California State University Fresno (CSUF) for $684,029.49 to provide police services at CSUF events ID#14-3482-B Sponsors:Police Department Actions pertaining to front-line law enforcement operations 1.Approve the proposed spending plan for the FY 2014- 2015 State of California Supplemental Law Enforcement Services Account (SLESA) 2.*RESOLUTION - 19th Amendment of the Annual Appropriation Resolution (AAR) No. 2014-95 to appropriate $812,000 for front-line law enforcement operations into the FY 2015 budget (Requires 5 affirmative votes) ID#14-3502-C Sponsors:Police Department Actions pertaining to Office of Traffic Safety 1.Authorize the Chief of Police to enter into and execute the agreement and required program documents with the Office of Traffic Safety 2.*RESOLUTION - 16th Amendment to Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $724,900 for the Selective Traffic Enforcement Program (STEP) grant (Requires 5 affirmative votes) ID#14-3562-D Sponsors:Police Department Actions pertaining to funding park irrigation maintenance in FY 2015 1.*RESOLUTION - 20th amendment to the Annual ID#14-3712-E Page 5 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Appropriation Resolution (AAR) No. 2014-95 appropriating $795,500 to the Parks, After School, Recreation and Community Services (PARCS) Department to fund park irrigation maintenance in FY 2015 (Requires 5 affirmative votes) 2.*RESOLUTION - 2nd amendment to Resolution No. 2014-96 entitled “A Resolution of the Council of the City of Fresno Establishing the Number of Positions Authorized in the Various Departments and Offices of the City for FY 2015” Sponsors:Public Works Department, Parks, After School and Recreation and Community Services Department Award an extension of the five-year lease/purchase financing agreement with Kansas State Bank in the amount of $3,635,600 at an annual interest rate of 3.389 percent to acquire 82 police vehicles, eight PARCS trucks, and a PARCS trailer, and authorize the Controller or designee to execute same ID#14-3832-F Sponsors:Department of Transportation 3. CITY COUNCIL 4. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organizations: IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire ID#14-388A. Page 6 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Mgmt) City of Fresno Professional Employees Association (CFPEA) City of Fresno Management Employees Association (CFMEA) Fresno Airport Public Safety Supervisors (FAPSS) CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd, Jeffrey Cardell, Ken Phillips Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to the Mayor City Attorney City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Page 7 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Labor Relations Manager Labor Relations Secretary Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Redevelopment Administrator Retirement Administrator Risk/Safety Manager Senior Budget Analyst Senior Deputy City Attorney Senior Human Resources/Risk Analyst Supervising Deputy City Attorney Sponsors: Personnel Services Department Sponsors:Personnel Services Department CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Case Name: Jesse Maldonado, et al. v. City of Fresno, et al. Fresno Superior Court Case No. 12CECG03742 ID#14-413B. Page 8 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Sponsors:City Attorney's Office Page 9 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:50 A.M. Approve a Resolution for the Substantial Amendment No. 2012-002, No. 2013-001, and No. 2014-002 to the Fiscal Years 2012, 2013, and 2014 Annual Action Plans to incorporate the planned use of the Emergency Solutions Grant funds (Continue to October 30, 2014) ID#14-417 10:00 A.M. TEFRA Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to hear and consider information concerning the proposed issuance of revenue bonds by the California Statewide Communities Development Authority to finance the acquisition and rehabilitation of a 150-unit multifamily low income residential rental project, commonly known as Kearney Cooley Plaza *RESOLUTION - Approving the issuance by the California Statewide Communities Development Authority of multifamily housing revenue bonds in the aggregate principal amount not to exceed $11 million for the Kearney Cooley Plaza project ID#14-382 Sponsors:Finance Department 10:10 A.M. Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of North Fowler and East Clinton Avenues (Property located in Council District 4) 1.RESOLUTION - Denying the appeal and approving Conditional Use Permit No. C-13-092 2.RESOLUTION - Denying the appeal and approving Vesting Tentative Tract Map No. 6033/UGM ID#14-380 Page 10 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final 10:15 A.M. HEARING to consider adoption of Resolutions related to the designation of properties to the Local Register of Historic Resources (Council District 5) 1.* RESOLUTION - Designating the Ralph and Jenny Watson Home located at 3537 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 2.* RESOLUTION - Designating the C.M. and Gertrude Prescott Home located at 3707 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 3.* RESOLUTION - Designating the Fred J. and Mary Dow Home located at 3369 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 4.* RESOLUTION - Designating the Clarence and Bessie Bernhauer Home located at 3428 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 5.* RESOLUTION - Designating the F. Rex and Vera Sporleder Home located at 3702 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 6.* RESOLUTION - Designating the Fred and Virginia Billings Home located at 3650 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 7.* RESOLUTION - Designating the Eugene and Elsie Brinker Home located at 3965 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources ID#14-358 Sponsors:Planning and Development Department 10:30 A.M. HEARING to consider of Official Plan Line Modification and related Environmental Assessment No. EA-14-018, for W. ID#14-377 Page 11 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final McKinley Avenue from N. Blythe to N. Marks Avenues 1.Consider the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration (MND) No. A- 09-02, which was prepared for Environmental Assessment (EA) No. EA-14-018. 2.BILL - (For introduction and adoption) - Approving the map entitled Official Plan Line for W. McKinley Avenue from N. Blythe Avenue to 265 feet east of N. Marks Avenue, being a precise section of the Major Street and Highway Plan of the City of Fresno. Sponsors:Public Works Department 3:00 P.M. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Chukchansi Park (Multipurpose Stadium) Negotiating Parties: City Manager Bruce Rudd; Chris Cummings, Fresno Baseball Club, LLC and Fresno Baseball Club, LLB Sponsors: City Manager’s Office ID#14-415 Sponsors:City Attorney's Office 3:45 P.M. HEARING to consider Plan Amendment Application No. A-14-002, Rezone Application No. R-14-002, Conditional Use Permit Application No. C-14-012 and related environmental findings filed by Giorgio Russo, on behalf of Ginder Development Corporation, pertaining to approximately 8.21 Acres of property located on the north side of North Figarden Dive between West Bullard and North Gates Avenues (District 2) 1.Consider the environmental finding for a Mitigated Negative Declaration prepared for Environmental Assessment No. A-14-002/R-14-002/C-14-012 for the purpose of the proposed project ID#14-362 Page 12 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final 2.RESOLUTION-Approving Plan Amendment to amend the 2025 General Plan and Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation 3.BILL-Amending the Official Zone Map to reclassify 8.21acres from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay, 20 feet/Urban Growth Management/conditions of zoning) zone district to the R- 2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay, 20 feet/Urban Growth Management) zone district 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 OCTOBER 2 10:00 A.M. HEARING re: CFD No. 11, Tract Map No. 6063 - south corner of N. Friant Road and E. Copper Avenue OCTOBER 2 10:10 a.m. WORKSHOP re: FMC Sign Ordinance OCTOBER 9 4:00 P.M. HEARING re:Consideration of Rezone Application no. R-13-014 and related environmental assessment no. R-13-014/tpm 2013-03 filed by Mike Hamzy on behalf of Niko Real Estate Fund, LLC for property located on the west side of N. Winery between E. Washington and E. McKenzie Avenues (property located in Page 13 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final Council District 7) OCTOBER 23 10:00 A.M.#1 HEARING ordering the vacation of a portion of the northwest side of Stanislaus Street northeast of Fulton Street (Council District 3) OCTOBER 23 10:00 A.M.#2 HEARING re: Non-Exclusive Towing Franchise Agreements OCTOBER 23 10:15 A.M. HEARING re: Rezone Application No. R-14-004 filed by Poeschel Land Development Services on behalf of property owner Bill Milam NOVEMBER 20 10:00 a.m. HEARING re: Final Tract Map No. 5967 annexed to CFD No. 11 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to the concrete curbs and gutters, entrance median curbs and hardscaping, sidewalks, curb ramps, interior street paving and street lighting associated with this subdivision UPCOMING EMPLOYEE CEREMONIES OCTOBER 2 8:30 A.M. Presentation of Employee of the Quarter Award (Reception immediately following - 2nd floor foyer) OCTOBER 22 (Wednesday) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) Page 14 City of Fresno ***Subject to Mayoral Veto September 25, 2014City Council Meeting Agenda - Final 2014 CITY COUNCIL MEETING SCHEDULE SEPTEMBER 4 - NO MEETING OCTOBER 2 - 8:30 A.M. SEPTEMBER 11 - 8:30 A.M. OCTOBER 9 - 8:30 A.M. SEPTEMBER 18 - NO MEETING OCTOBER 16 - NO MEETING SEPTEMBER 25 - 8:30 A.M. OCTOBER 23 - 8:30 A.M. OCTOBER 30 - 8:30 A.M. NOVEMBER 6 - 8:30 A.M. DECEMBER 4 - 8:30 A.M. NOVEMBER 13 - NO MEETING DECEMBER 11 - 8:30 A.M NOVMEBER 20 - 8:30 A.M. DECEMBER 18 - 1:30 P.M. NOVEMBER 27 - NO MEETING DECEMBER 25 - NO MEETING Page 15 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-385 Agenda Date:9/25/2014 Agenda #: CEREMONIAL PRESENTATION Recognizing the Fresno Munster Sister Cities Ambassador Exchange Program 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#14-393 Agenda Date:9/25/2014 Agenda #: CEREMONIAL PRESENTATION Proclamation of “ACTIVE AGING WEEK” 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#14-403 Agenda Date:9/25/2014 Agenda #: APPROVAL OF CITY COUNCIL MINUTES SEPTEMBER 25, 2014 SUBJECT Approval of City Council minutes from September 11, 2014 City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes - Draft City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC 8:30 AM Council ChambersThursday, September 11, 2014 Regular Session 8:30 A.M. ROLL CALL Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Present:7 - Invocation by Rev. Paul McCoy, Pastor of New Light for New Life Church of God Pledge of Allegiance to the Flag Ceremonial Presentations: Presentation of SPCA Pet of the Month PRESENTED ID#14-262 Proclamation of “ATTENDANCE AWARENESS MONTH” Sponsors:Mayor's Office PRESENTED Approve City Council Minutes City of Fresno *Subject to mayoral veto Page 1 September 11, 2014City Council Meeting Minutes - Draft ID#14-368 Approval of City Council minutes from August 21, and August 28, 2014 Sponsors:City Clerk's Office APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above Minutes were approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - Approve Successor Agency / Fresno Revitalization Corporation Minutes ID#14-369 Approval of Successor Agency minutes from August 28, 2014 and Fresno Revitalization Corporation minutes from August 28, 2014. Sponsors:City Clerk's Office APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Brand, the above Successor Agency and Fresno Revitalization Corporation Minutes were approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - Councilmember Reports and Comments Councilmember Caprioglio invited the public to the Discovery Center at 9:00 A.M. on Saturday morning for the Clean Up Day being organized by the Junior League of Women of Fresno, the Discovery Center and the City of Fresno. Councilmember Caprioglio also thanked KSEE 24 and KFSN 30 for showing up at 5:30 A.M. on Tuesday to celebrate the groundbreaking of the new Edible Garden exhibit at the Discovery Center. Councilmember Caprioglio asked that the meeting be adjourned in the loving memory of those that passed away thirteen years ago during the September 11th attacks. Councilmember Olivier reported that the Seventh District was experiencing a renaissance in its parks and wanted to thank the PARCS Director Manuel Mollinedo, Recreation Specialists Sara Hamilton, Senior Community City of Fresno *Subject to mayoral veto Page 2 September 11, 2014City Council Meeting Minutes - Draft Revitalization Specialist Benjamin Rash, Community Revitalization Specialist Randi Manouel, Community Coordinator Stephen Cox, Detectives Danny Kim and Christopher Lee, Father Pappas from St. Georges Orthodox Church and Nick Marziliano from Sam’s Italian Deli. Councilmember Quintero offered an early congratulation to Michael Lima on his pending approval as the City’s Controller. Councilmember Quintero also reported that the second annual Carnival at the Mosqueda Community Center would be September 27 from 10:00 A.m. to 5:00 P.M. He noted the event would be free for kids and the target age range was between kindergarten and 8th grade. Councilmember Quintero thanked PARCS for their great work preparing for the event. Councilmember Quintero also thanked the City Manager on behalf of the Big Fresno Fair for the cooperation with the Police Department for providing security at the Fair and for Parking Services and Community Sanitation making things look wonderful. Councilmember Xiong thanked City staff for their efforts to make the West American Truck Show a success and stated that he would bring the industry to Council to do a quick presentation about the results of the event. President Brandau recalled the events of September 11, 2001 and was reminded how wonderful our country was - that we could celebrate our diversity, overcome adversity and stick together. Approve Agenda APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Quintero, the agenda was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - City of Fresno *Subject to mayoral veto Page 3 September 11, 2014City Council Meeting Minutes - Draft 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR ADOPTED On motion of Acting Council President Baines, seconded by Councilmember Caprioglio, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - ID#14-1821-A Actions pertaining to the Lease Agreement between the City of Fresno and CH2MHill to lease space in Building A at the Municipal Service Center (MSC) 1.Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 (Existing Facilities) for lease 2.Approve Lease Agreement between the City of Fresno and CH2MHill to lease space in Building A at the Municipal Service Center (MSC) and authorize the City Manager to execute the agreement subject to City Attorney approval Sponsors:City Manager's Office APPROVED The above item was approved on the Consent Calendar. ID#14-2531-B Actions pertaining to the acquisition of 2792 W. San Madele Avenue (County island within Council District 2) 1. Adopt a finding of conformity prepared for EA 14-017 for the proposed construction of a new water supply well 2.Approve the fee simple acquisition of 2792 W San Madele Avenue required for construction of a new water supply well in the amount of $300,000 Sponsors:Department of Public Utilities The above item was moved to the Contested Consent Calendar for further discussion by Councilmember Caprioglio City of Fresno *Subject to mayoral veto Page 4 September 11, 2014City Council Meeting Minutes - Draft ID#14-2841-C Approve agreement with the 21st District Agricultural Association to add indemnification language and reauthorize the City of Fresno to enter into a three year agreement with the 21st District Agricultural Association for $752,661.56 to provide police services at the Fresno District Fair (Council District 5) Sponsors:Police Department APPROVED The above item was approved on the Consent Calendar. ID#14-3181-D Actions pertaining to the Garage 8 Air Sensor Replacements and Exhaust Fan Controller Upgrade Project (Council District 3) 1.Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(d) of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract to Strategic Mechanical, Inc. of Fresno, California in the amount of $227,469 for the Garage 8 Air Sensors Replacement and Exhaust Fan Controller Upgrade Project Sponsors:Public Works Department APPROVED The above item was approved on the Consent Calendar. ID#14-3291-E Approve a State of California Lead Poisoning Prevention Program Agreement in the amount of $436,470 with the County of Fresno, for three years, for lead hazard assistance and outreach Sponsors:Development and Resource Management Department The above item was moved to the Contested Consent Calendar for further discussion by Acting President Baines ID#14-3431-F Authorize the Director of Aviation to execute a consulting agreement with Blair, Church & Flynn Consulting Engineers of Clovis, CA to provide professional civil engineering consulting services to relocate employee parking and provide other related facilities at Fresno Yosemite International Airport in an amount not to exceed $97,580 Sponsors:Airports APPROVED The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 5 September 11, 2014City Council Meeting Minutes - Draft ID#14-3461-G Actions pertaining to the South Van Ness Industrial District Historic Survey 1.* RESOLUTION - 18th Amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Survey (Requires 5 affirmative votes) 2.Authorize the Director of the Development and Resource Management Department to accept a Certified Local Government Grant for $40,000 from the California State Office of Historic Preservation for the South Van Ness Industrial District Historic Survey and authorize the Director and her designee(s) to execute all related agreements and payment requests Sponsors:Development and Resource Management Department RESOLUTION 2014-145 ADOPTED The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR ID#14-3291-E Approve a State of California Lead Poisoning Prevention Program Agreement in the amount of $436,470 with the County of Fresno, for three years, for lead hazard assistance and outreach Sponsors:Development and Resource Management Department Development and Resources Management Director Clark introduced the above item and responded to questions from Council. CONTINUED On motion of Acting President Baines, seconded by President Brandau, the above item was continued to September 25, 2014. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - City of Fresno *Subject to mayoral veto Page 6 September 11, 2014City Council Meeting Minutes - Draft ID#14-2531-B Actions pertaining to the acquisition of 2792 W. San Madele Avenue (County island within Council District 2) 1. Adopt a finding of conformity prepared for EA 14-017 for the proposed construction of a new water supply well 2.Approve the fee simple acquisition of 2792 W San Madele Avenue required for construction of a new water supply well in the amount of $300,000 Sponsors:Department of Public Utilities APPROVED On motion of Councilmember Caprioglio, seconded by President Brandau, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 2. GENERAL ADMINISTRATION ID#14-357 Approve the appointment of Michael Lima as City Controller Sponsors:City Manager's Office City Manager Rudd introduced the above item to Council and was followed by comments from Mr. Lima. APPROVED On motion of Councilmember Quintero, seconded by Council President Brandau, the above Discussion Item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - City of Fresno *Subject to mayoral veto Page 7 September 11, 2014City Council Meeting Minutes - Draft ID#14-370 *1.Adopt a Memorandum of Understanding (MOU) between the City of Fresno (City) and the Fresno Police Officers Association (FPOA) - Unit 4 (Police Non-management), covering the period September 11, 2014 through June 30, 2017 *2.Adopt a Memorandum of Understanding (MOU) between the City and FPOA - Unit 9 (Police Management), covering the period September 11, 2014 through June 30, 2017 *3.Adopt a Side Letter of Agreement between the City and FPOA, Unit 4 and Unit 9 regarding a study of FMC provisions regarding Fire and Police retirement benefits Sponsors:Personnel Services Department Personnel Services Director Cardell introduced the above item to Council. APPROVED On motion of Councilmember Brand, seconded by Councilmember Quintero, the above item was approved. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 7 - 3. CITY COUNCIL ID#14-2343-A BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property. Sponsors:City Councilmember Brand Councilmember Brand introduced the above item to Council. City Attorney Sloan, Acting President Baines and City Manager Rudd responded to questions by Council. The following member(s) of the public discussed this item: Michael Green CONTINUED On motion of Councilmember Brand, seconded by Council President Brandau, the above item was continued to a time and date uncertain. The motion carried by the following vote: Aye:Brandau, Baines, Brand, Olivier, Quintero and Xiong6 - No:Caprioglio1 - City of Fresno *Subject to mayoral veto Page 8 September 11, 2014City Council Meeting Minutes - Draft 4. CLOSED SESSION The City Council continued in closed session in Room 2125 from 10:00 A.M. to 10:31 A.M. to discuss the following: ID#14-3514-A CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-167-01T and 468-350-46T (Santa Fe Lot) Negotiators: City Manager Bruce Rudd; Summa Development Group, Baltara Enterprises, Limited Partnership Sponsors:Public Works Department The above item was discussed in closed session. No open session announcements were made regarding this item. 10:00 A.M. Special Closed Session (seperately Noticed) ID#14-372 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of El Centro et al. v. David Lanier, et al.; San Diego Superior Court No. 37-2014-00003824-CU-WM-CTL The above item was discussed in closed session. City Attorney Sloan announced in open session that Council had approved an appeal to the Fourth District Court of Appeal together with a request to stay enforcement of the legislation pending appellate review. APPEAL APPROVED Council approved a motion to appeal to the Fourth District Court of Appeals, together with a request to stay enforcement of the legislation pending appellate review, by the following vote: Aye:Brandau, Brand, Caprioglio and Olivier4 - No:Baines, Quintero and Xiong3 - 5. SCHEDULED COUNCIL HEARINGS AND MATTERS City of Fresno *Subject to mayoral veto Page 9 September 11, 2014City Council Meeting Minutes - Draft 10:10 A.M. ID#14-345 HEARING to consider Rezone Application No. R-14-007 and Environmental Assessment No. R-14-007, filed by Dirk Poeschel of Poeschel Land Development Services, Inc., on behalf of the Second Church of Christ, Scientist, and pertains to 1.58± acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues (280 West Shaw Avenue; APN: 417-333-04) (District 2) - Development and Resource Management Department 1.Consider the environmental finding of a Categorical Exemption for Environmental Assessment No. R-14-007, dated June 12, 2014 2.BILL - Amending the Official Zone Map to reclassify 1.58± acres from the R-1 (Single Family Residential) zone district to the C -P (Administrative and Professional Office District) zone district. Sponsors:Development and Resource Management Department Development and Resources Management Planner Preciado introduced the above item to Council. The following member(s) of the public discussed this item: Dirk Poeschel Note: Councilmember Brand returned to the Council Chambers from Closed Session just after the vote on the above item was taken. BILL B-39 INTRODUCED ORDINANCE 2014-40 ADOPTED On motion of Council President Brandau, seconded by Councilmember Olivier, the above items were approved. The motion carried by the following vote: Aye:Brandau, Baines, Caprioglio, Olivier, Quintero and Xiong6 - Absent:Brand1 - UNSCHEDULED COMMUNICATION Upon call, no one addressed Council for unscheduled communication. ADJOURNMENT Adjourned at 10:33 A.M. in the loving memory of those that passed away in the September 11th attacks thirteen years ago. City of Fresno *Subject to mayoral veto Page 10 September 11, 2014City Council Meeting Minutes - Draft City of Fresno *Subject to mayoral veto Page 11 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-404 Agenda Date:9/25/2014 Agenda #: APPROVAL OF AMENDED CITY COUNCIL MINUTES SEPTEMBER 25, 2014 SUBJECT Approval of amended minutes from August 28, 2014 that now include, on page 12, a correction read into the record by Personnel Director Cardell indicating that the Resolution approved as part of File ID 14-276 would be effective as of August 25, 2014. City of Fresno Printed on 12/16/2022Page 1 of 1 powered by Legistar™ August 28, 2014City Council Meeting Minutes - Draft ID#14-276 *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 Sponsors:Personnel Services Department Personnel Services Director Cardell introduced the above item to Council. RESOLUTION 2014-141 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - No:Brandau1 - ID#14-307 BILL - (For introduction) - Repealing and adding Section 4-111 of the Fresno Municipal Code relating to Project Labor Agreements Sponsors:City Attorney's Office Deputy City Attorney Collet introduced the above item to Council. BILL B-38 INTRODUCED AND LAID OVER On motion of Councilmember Xiong, seconded by Acting President Baines, the above item was introduced and laid over. The motion carried by the following vote: Aye:Baines, Brand, Quintero and Xiong4 - No:Brandau, Caprioglio and Olivier3 - City of Fresno *Subject to mayoral veto Page 12 August 28, 2014City Council Meeting Minutes - Draft ID#14-276 *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 Sponsors:Personnel Services Department Personnel Services Director Cardell introduced the above item to Council and clarified for the record that the effective date of the resolution would be August 25, 2014. RESOLUTION 2014-141 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye:Baines, Brand, Caprioglio, Olivier, Quintero and Xiong6 - No:Brandau1 - ID#14-307 BILL - (For introduction) - Repealing and adding Section 4-111 of the Fresno Municipal Code relating to Project Labor Agreements Sponsors:City Attorney's Office Deputy City Attorney Collet introduced the above item to Council. BILL B-38 INTRODUCED AND LAID OVER On motion of Councilmember Xiong, seconded by Acting President Baines, the above item was introduced and laid over. The motion carried by the following vote: Aye:Baines, Brand, Quintero and Xiong4 - No:Brandau, Caprioglio and Olivier3 - City of Fresno *Subject to mayoral veto Page 12 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-256 Agenda Date:9/25/2014 Agenda #:1-A REPORT TO THE CITY COUNCIL September 25, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Construction Management Division BY:PHILLIP TARVIN, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve a substitution of Starace Mechanical Heating and Air for the Universally Accessible Park (Council District 1) RECOMMENDATION It is recommended that the City Council approve the request from Lewis C.Nelson and Sons,Inc. (LCN),to substitute Starace Mechanical Heating and Air and utilize Kings County Air Inc.,for the Installation of HVAC work located at Universally Accessible Park located in Council District 1. EXECUTIVE SUMMARY LCN,the General Contractor for the referenced project,has requested to substitute Starace Mechanical Heating and Air,who is listed in the bid documents as the Installation of HVAC subcontractor.In accordance with the bid documents,LCN listed Starace Mechanical Heating and Air for the Installation of the HVAC portion of the project because the work exceeds one-half of one percent of the total contract amount.LCN notified the City by letter dated July 28,2014,that their HVAC subcontractor,Starace Mechanical Heating and Air,cannot continue to perform pursuant to its subcontract with the Prime Contractor contract.LCN is requesting Kings County Air Inc.,be allowed to perform the Installation of the HVAC portion of the project.This action requires Council approval because Public Contract Code Section 4107 requires consent of the awarding authority to be requested by a prime contractor for a substitution of a subcontractor. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-256 Agenda Date:9/25/2014 Agenda #:1-A BACKGROUND On April 10,2014,a contract was issued in the amount of $7,819,000 to LCN for the construction of the Universally Accessible Park.In the original proposal,Starace Mechanical Heating and Air of Tulare,California was listed as the subcontractor for the Installation of HVAC contract.On July 28, 2014,LCN provided the City a written request to substitute the listed subcontractor due to the listed subcontractor cannot continue to perform pursuant of its subcontract of the Prime Contractor per Public Contract Code 4107 (a)(3). In accordance with Section 4107 of the Public Contracts Code,a Prime Contractor may substitute a listed subcontractor,with the consent of the awarding authority,when the listed subcontractor cannot meet the bond requirements of the Prime Contractor. The Subletting and Subcontracting Fair Practice Act requires the Prime Contractor to secure the permission of the awarding agency before substituting a non-listed subcontractor for a listed subcontractor in order to protect the public and subcontractors from bid shopping and bid peddling.( Southern California Acoustics Co., Inc., v. C.V. Holder, Inc. (1969), 71 Cal.2d 719,726) LNC has requested that they be allowed to utilize Kings County Air Inc.to perform the HVAC work in place of Starace Mechanical Heating and Air,by letter dated July 28,2014.Section 4107 of the Public Contract Code allows the prime contractor to substitute listed subcontractor with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code,the City has notified Starace Mechanical Heating and Air of the proposed substitution by certified mail delivered August 14,2014.Starace Mechanical Heating and Air did not provide written objections within five working days of receipt of the notification ending at 5:00 P.M.on August 21,2014,which constitutes the listed subcontractor’s consent to the substitution.The City has not received a timely objection in accordance with Public Contract Code 4107.The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if Council consents to the substitution. The replacement of the subcontractor for the HVAC portion of the contract will not increase the cost of the project. This project does not contain a Disadvantaged Business Enterprise (DBE)requirement and therefore will not affect the DBE status of the contract. 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 action that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-256 Agenda Date:9/25/2014 Agenda #:1-A FISCAL IMPACT There will be no impact to the General Fund or the project budget by this substitution. 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#14-310 Agenda Date:9/25/2014 Agenda #:1-B REPORT TO THE CITY COUNCIL September 11, 2014 FROM:KERRI L. DONIS, Fire Chief Fire Department BY:CHERYL CARLSON, Management Analyst III Fire Department SUBJECT Actions pertaining to grant funding from the FY 2013 Assistance to Firefighters Grant Program through the U.S. Department of Homeland Security 1.RESOLUTION - Authorizing the application for and acceptance of FY 2013 Cycle U.S. Department of Homeland Security Assistance to Firefighters Grant and authorizing completion of required documents 2.*RESOLUTION - 15th amendment to the Annual Appropriation Resolution (AAR) No. 2014- 95 appropriating $374,600 to the Fire Department for replacement of personal protective equipment (Requires 5 affirmative votes) RECOMMENDATION It is recommended the City Council adopt a Resolution authorizing the application for and acceptance of $374,600 in FY 2013 Cycle Assistance for Firefighters Grant Program funding,authorize the Fire Chief to execute all required documents,and adopt the 15th Amendment to the AAR No.2014-95 to appropriate these funds into the FY 2015 Fire Department budget. EXECUTIVE SUMMARY The Fire Department participated in the FY 2013 Cycle Assistance to Firefighters Grant Program process with other public safety agencies and was awarded grant funding for the replacement of personal protective equipment (PPE)consisting of turnout coats and pants that are worn or beyond their useful life.This grant will provide $337,095 in federal funds with a 10 percent matching requirement by the City of $37,455,for a total of $374,550.The adopted resolutions will enable the Fire Department to process the grant and receive payment of the grant funds. BACKGROUND The FY 2013 Cycle Assistance to Firefighters Grant Program is made available through the U.S. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-310 Agenda Date:9/25/2014 Agenda #:1-B The FY 2013 Cycle Assistance to Firefighters Grant Program is made available through the U.S. Department of Homeland Security Office.The Fire Department participated in the grant application process along with other public safety agencies,and in July was notified that it had been awarded $337,095 in federal funding towards the replacement of PPE that is worn or beyond its useful life. The Fire Department is mandated to provide two pairs of turnout PPE to each member.This provides firefighters with a backup set should one set become soiled,torn or be otherwise unsafe to wear.Per NFPA and OSHA standards,PPE must be maintained in a sanitary and reliable condition. Once a set of PPE is soiled,the garment loses its ability to dissipate heat which leads to an increased risk of being burned by the hot water vapor being produced,and increases the risk of heart attack and heat related injuries preventing firefighters from performing their jobs safely. In 2011,the Fire Department conducted a survey of turnouts to assess the condition and identify the “in-service”date of each set.At that time,the Fire Department had 227 sets prioritized for replacement as they were seven to ten or more years old,or worn to a degree that repairs were no longer cost effective.The Fire Department has been systematically working to provide members with two new sets of turnouts utilizing grant funding to the extent possible.The Fire Department was able to replace over 100 sets utilizing 2011 Assistance to Firefighters Grant funding and another 60 sets were replaced with State Homeland Security Grant Program funding.The FY 2015 Adopted Budget included $100,000 in the General Fund for the purchase of an additional 60 replacement sets.The federal funds of $337,095 plus the required 10 percent match of $37,455 will purchase over 220 sets leaving approximately 185 sets remaining for future replacement.Funding will be requested in future budgets for those replacements where grant funding is not identified.The Fire Department will transfer $37,500 from the General Fund to the DHS Grant Program Fund 22059 for the 10 percent grant match. An adopted City Council Resolution is required to enable the Fire Department to process the grant,to allow the Fire Chief to sign all required grant documents, and to receive payment of the grant. 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 a resolution to accept a grant and an AAR do not include a bid or a contract for construction project or services. FISCAL IMPACT Existing FY 2015 appropriations in the amount of $37,500 will be transferred from the General Fund to the grant fund for the 10 percent match and $337,100 in federal grant funding will be appropriated and fully reimbursed. Attachments: City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-310 Agenda Date:9/25/2014 Agenda #:1-B Resolution - Authorizing Acceptance of FY 2013 AFG Grant Resolution - 15th Amendment to AAR 2014-95 City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ - 1 - Date Adopted: Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 15th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $374,600 TO THE FIRE DEPARTMENT FOR REPLACEMENT OF PERSONAL PROTECTIVE EQUIPMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: GENERAL CITY PURPOSE DEPT General Fund $ (37,500) FIRE DEPARTMENT DHS Grant Program - Fire $ 374,600 THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Revenues: Account: 44910 Transfer To Other Fund $ (37,500) Fund: 10101 Org Unit: 200501 Total Revenues $ (37,500) Appropriations: Account: 56101 Clothing & Personal Supplies $ (37,500) Fund: 10101 Org Unit: 200601 Total Appropriations $ (37,500) - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. Increase/(Decrease) DHS Grant Program - Fire Revenues: Account: 33104 Fed-Grant $ 337,100 43910 Transfers From Other Fund 37,500 Fund: 22059 Org Unit: 160201 Total Revenues $ 374,600 Appropriations: Account: 56101 Clothing & Personal Supplies $ 374,600 Fund: 22059 Org Unit: 160201 Total Appropriations $ 374,600 THAT the purpose is to appropriate $374,600 in the DHS Grant Program fund for the purchase of over 220 turnout sets. The grant will provide $337,100 for the acquisition of the equipment, while the General Fund match will provide $37,500. Match was budgeted as part of the FY 2015 Adopted Budget. - 3 - Date Adopted: Date Approved: Effective Date: Resolution No. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-315 Agenda Date:9/25/2014 Agenda #:1-C REPORT TO THE CITY COUNCIL September 25, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BY:BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division SUBJECT Approve the acquisition of permanent pipeline right-of-way easements and temporary construction easements from Mary Lynn Haungs from APNs 580-040-03 (portion) and 580-040-04S RECOMMENDATIONS Staff recommends that City Council: 1.Approve the acquisition of permanent pipeline right-of-way and temporary construction easements as shown in the table below for the construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility. 2.Authorize the Director of Public Utilities,or his designee,to sign all documents on behalf of the City. APN Grantors Easement Type Acres Value 580-040-03 (PORTION) Mary Lynn Haungs Permanent 1.82 $23,000 580-040-03 (PORTION) Mary Lynn Haungs Temporary 1.05 $4,830 total 1 580-040-04S Mary Lynn Haungs Permanent 0.24 $9,600 580-040-04S Mary Lynn Haungs Temporary 1.13 $18,080 total 1 Totals 4.24 $ 55,510 Notes: 1) The total of $4,830 and $18,080 includes two full years of rent. The first year will be paid in full and second year prorated for actual use. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-315 Agenda Date:9/25/2014 Agenda #:1-C APN Grantors Easement Type Acres Value580-040-03(PORTION)Mary LynnHaungs Permanent 1.82 $23,000580-040-03 (PORTION) Mary Lynn Haungs Temporary 1.05 $4,830 total 1 580-040-04S Mary Lynn Haungs Permanent 0.24 $9,600 580-040-04S Mary Lynn Haungs Temporary 1.13 $18,080 total 1 Totals 4.24 $ 55,510 Notes: 1) The total of $4,830 and $18,080 includes two full years of rent. The first year will be paid in full and second year prorated for actual use. 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 late 2015,acquisition of easements for this pipeline project is necessary.The property owner Mary Lynn Haungs has agreed to the compensation of $32,600 for the acquisition of permanent pipeline right-of-way and $11,455/year for the acquisition of temporary construction easements. BACKGROUND Presently,the City's contract with the United States Bureau of Reclamation (USBR)for Central Valley Project (CVP)surface water travels nearly 55 miles in open canals from Friant Dam (Millerton Lake) to the NESWTF.The proposed Project consists of the construction and operation of a 5.6-mile raw water pipeline.The new pipeline reroutes the CVP water directly to the NESWTF and will eliminate nearly 47 miles from the conveyance distance.The Project will convey water in an enclosed system and greatly reduce the threat to water quality in otherwise open canals which are exposed to contamination from environmental debris,and accidental or malicious acts.The pipeline will be constructed across numerous properties in unincorporated Fresno County and connected to the existing one-mile long segment of pipeline constructed in 2007.Additional benefits of the project include reduced power consumption,chemical utilization,and increased operational reliability at the NESWTF. ENVIRONMENTAL FINDINGS An initial study and Mitigated Negative Declaration was prepared and adopted on June 14,2012 for this project.A Notice of Determination was subsequently filed with the Fresno County Clerk’s Office on June 19,2012.The Proposed Project consists of the construction and operation of a 5.6-mile raw water supply pipeline northeast of the City of Fresno,in unincorporated Fresno County,and a future hydropower plant at the City's existing Surface Water Treatment Facility (SWTF).The Proposed Project would be located between the SWTF near Chestnut and Behymer Avenues and the Friant- Kern Canal to the northeast.The purpose of the Proposed Project is to develop a reliable raw water conveyance system with reduced potential for water quality contamination that will bring the City's existing CVP contract supply water directly from the Friant-Kern Canal to the SWTF.This approval is to implement that project. An analysis has been performed pursuant to CEQA Guidelines §15162 to determine whether subsequent environmental review is required for the project.Based upon this analysis the following City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-315 Agenda Date:9/25/2014 Agenda #:1-C findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case there are no changes to the project. 2.No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case,the proposed pipeline alignment has not changed. 3.There is no new information,which was not known and could not have been known at the time of the previous Mitigated Negative Declaration that the project will have significant effect not discussed in the Mitigated Negative Declaration. Based upon these findings,it has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction or services contract. FISCAL IMPACT Approving acquisition of these easements will not impact the General Fund.Appropriations for the acquisition of these easements are included in Water Division’s FY 2015 Capital Improvement Program budget within the 2010 Water Revenue Bonds A-1 Fund (40118).Project construction is expected to start in mid-year 2016. Attachments: Vicinity Map Purchase Agreement Detailed Exhibits and Legal Descriptions: Deed of Easement 03 Deed of Easement -04 Temporary Easement -03 Temporary Easement-04 City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ WILLOW AVEARMSTRONGAVEAUBERRY RDCOPPER AVE BIG DRY CREEKDIVERSIONCHANNEL CITY OF FRESNOCITY LIMITSFOOTHILL L N FRIANT KER N C A N A L CanalTurnout(USBR Land) Connection toExisting RawWater Pipeline C o u n t y o f F r e s n oCITY OF FRESNOSOICITY OF CLOVISSOI5 19 14 Existing PipelineExisting SWTF 5 13 16 10 11 8 7 69 17 1 2 4 12 3 18 15 VICINITY MAPRaw Water Pipeline City of Fresno Legend Fresno Co. Parcel Easement Location Easement Location Notes: 1. Joint Owners - Road Access2. "Easement Location" color variation used to differentiate ownership County R/W Crossing 0 750 1,500Feet I 286 W. Cromwell Ave.Fresno, CA 93711-6162(559) 449-2700 G:\Clients\Fresno_City of - 1561\15610702-Raw Water Pipeline\GIS\Map\RW-Exhibits\survey_easements.mxd Number APN Landowner Permanent Easement Temporary Construction Easement1 581-030-15S Tuel 0.88 Ac 0.32 Ac2 581-030-01S Morris 0.98 Ac 0.16 Ac3 581-030-02S Lichti 0.21 Ac 0.21 Ac4 581-010-14 Becker 0.56 Ac 0.38 Ac5 581-010-15 Becker 5.92 Ac 2.75 Ac6 580-020-43 Lum 1.99 Ac 0.76 Ac7 580-020-42 Shmavonian 1.99 Ac 0.76 Ac8 580-020-22S Verni 2.45 Ac 2.58 Ac9 580-020-23 Goshgarian et. Al. (1) 1.72 Ac 0.06 Ac10 580-020-20S Verni 0.56 Ac 3.34 Ac11 580-020-21 Goshgarian et. Al. (1) 4.19 Ac N/A12 580-040-04S Haungs 0.24 Ac 1.13 Ac13 580-040-03S (por) Haungs 1.82 Ac 1.05 Ac14 580-040-03S (por) Johnson 2.81 Ac 1.46 Ac15 580-040-08 Lesher 0.07 Ac 0.26 Ac16 580-040-07 Lesher 6.81 Ac 6.9 Ac17 580-050-01S Ricchiuti 0.33 Ac 0.55 Ac18 580-040-02S Ricchiuti N/A 0.24 Ac19 581-020-05 Herold N/A 2.19 AcTOTAL: 33.53 Ac 25.10 Ac City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-317 Agenda Date:9/25/2014 Agenda #:1-D REPORT TO THE CITY COUNCIL September 25, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BY:BROCK D. BUCHE, PE, PLS, Supervising Professional Engineer Department of Public Utilities - Water Division SUBJECT Approve the acquisition of permanent pipeline right-of-way easement and temporary construction easement from Gerald Shmavonian from APN 580-020-42 RECOMMENDATIONS Staff recommends that City Council: 1.Approve the acquisition of permanent pipeline right-of-way and temporary construction easement as shown in the table below for the construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility. 2.Authorize the Director of Public Utilities,or his designee,to sign all documents on behalf of the City. APN Grantors Easement Type Acres Value 580-020-42 Ger ald Shm avon ian Permanent 1.99 $20,100 580-020-42 Ger ald Shm avon ian Temporary 0.76 $2,300 total 1 Totals 2.75 $ 22,400 Note:1 The total of $2,300 includes two full years of rent. The first year will be paid in full and second year will be prorated for actual use. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-317 Agenda Date:9/25/2014 Agenda #:1-D APN Grantors Easement Type Acres Value580-020-42 Gerald Shm avon ian Permanent 1.99 $20,100 580-020-42 Ger ald Shm avon ian Temporary 0.76 $2,300 total 1 Totals 2.75 $ 22,400 Note:1 The total of $2,300 includes two full years of rent. The first year will be paid in full and second year will be prorated for actual use. 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 late 2015,acquisition of easements for this pipeline project is necessary.The property owner Gerald Shmavonian has agreed to the compensation of $20,100 for the acquisition of permanent pipeline right-of-way and $1,150/year for the acquisition of temporary construction easement. BACKGROUND Presently,the City's contract with the United States Bureau of Reclamation (USBR)for Central Valley Project (CVP)surface water travels nearly 55 miles in open canals from Friant Dam (Millerton Lake) to the NESWTF.The proposed Project consists of the construction and operation of a 5.6-mile raw water pipeline.The new pipeline reroutes the CVP water directly to the NESWTF and will eliminate nearly 47 miles from the conveyance distance.The Project will convey water in an enclosed system and greatly reduce the threat to water quality,in otherwise open canals which are exposed to contamination from environmental debris,and accidental or malicious acts.The pipeline will be constructed across numerous properties in unincorporated Fresno County and connected to the existing one-mile long segment of pipeline constructed in 2007.Additional benefits of the project include reduced power consumption,chemical utilization,and increased operational reliability at the NESWTF. ENVIRONMENTAL FINDINGS An initial study and Mitigated Negative Declaration was prepared and adopted on June 14,2012 for this project.A Notice of Determination was subsequently filed with the Fresno County Clerk’s Office on June 19,2012.The Proposed Project consists of the construction and operation of a 5.6-mile raw water supply pipeline northeast of the City of Fresno,in unincorporated Fresno County,and a future hydropower plant at the City's existing Surface Water Treatment Facility (SWTF).The Proposed Project would be located between the SWTF near Chestnut and Behymer Avenues and the Friant- Kern Canal to the northeast.The purpose of the Proposed Project is to develop a reliable raw water conveyance system with reduced potential for water quality contamination that will bring the City's existing Central Valley Project (CVP)contract supply water directly from the Friant-Kern Canal to the SWTF. This approval is to implement that project. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-317 Agenda Date:9/25/2014 Agenda #:1-D An analysis has been performed pursuant to CEQA Guidelines §15162 to determine whether subsequent environmental review is required for the project.Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case there are no changes to the project. 2.No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case,the proposed pipeline alignment has not changed. 3.There is no new information,which was not known and could not have been known at the time of the previous Mitigated Negative Declaration that the project will have significant effect not discussed in the Mitigated Negative Declaration. Based upon these findings,it has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction or services contract. FISCAL IMPACT Approving acquisition of these easements will not impact the General Fund.Appropriations for the acquisition of these easements are included in Water Division’s FY 2015 Capital Improvement Program budget within the 2010 Water Revenue Bonds A-1 Fund (40118).Project construction is expected to start in mid-year 2016. Attachments: Vicinity map Purchase Agreement Detailed Exhibits and Legal Descriptions: -Deed of Easement -Temporary Easement City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ WILLOW AVEARMSTRONGAVEAUBERRY RDCOPPER AVE BIG DRY CREEKDIVERSIONCHANNEL CITY OF FRESNOCITY LIMITSFOOTHILL L N FRIANT KER N C A N A L CanalTurnout(USBR Land) Connection toExisting RawWater Pipeline C o u n t y o f F r e s n oCITY OF FRESNOSOICITY OF CLOVISSOI5 19 14 Existing PipelineExisting SWTF 5 13 16 10 11 8 7 69 17 1 2 4 12 3 18 15 VICINITY MAPRaw Water Pipeline City of Fresno Legend Fresno Co. Parcel Easement Location Easement Location Notes: 1. Joint Owners - Road Access2. "Easement Location" color variation used to differentiate ownership County R/W Crossing 0 750 1,500Feet I 286 W. Cromwell Ave.Fresno, CA 93711-6162(559) 449-2700 G:\Clients\Fresno_City of - 1561\15610702-Raw Water Pipeline\GIS\Map\RW-Exhibits\survey_easements.mxd Number APN Landowner Permanent Easement Temporary Construction Easement1 581-030-15S Tuel 0.88 Ac 0.32 Ac2 581-030-01S Morris 0.98 Ac 0.16 Ac3 581-030-02S Lichti 0.21 Ac 0.21 Ac4 581-010-14 Becker 0.56 Ac 0.38 Ac5 581-010-15 Becker 5.92 Ac 2.75 Ac6 580-020-43 Lum 1.99 Ac 0.76 Ac7 580-020-42 Shmavonian 1.99 Ac 0.76 Ac8 580-020-22S Verni 2.45 Ac 2.58 Ac9 580-020-23 Goshgarian et. Al. (1) 1.72 Ac 0.06 Ac10 580-020-20S Verni 0.56 Ac 3.34 Ac11 580-020-21 Goshgarian et. Al. (1) 4.19 Ac N/A12 580-040-04S Haungs 0.24 Ac 1.13 Ac13 580-040-03S (por) Haungs 1.82 Ac 1.05 Ac14 580-040-03S (por) Johnson 2.81 Ac 1.46 Ac15 580-040-08 Lesher 0.07 Ac 0.26 Ac16 580-040-07 Lesher 6.81 Ac 6.9 Ac17 580-050-01S Ricchiuti 0.33 Ac 0.55 Ac18 580-040-02S Ricchiuti N/A 0.24 Ac19 581-020-05 Herold N/A 2.19 AcTOTAL: 33.53 Ac 25.10 Ac City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-335 Agenda Date:9/25/2014 Agenda #:1-E REPORT TO THE CITY COUNCIL September 25, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Construction Management Division BY:PHILLIP TARVIN, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve a substitution of Playground Unlimited for the Universally Accessible Park (Council District 1) RECOMMENDATION It is recommended that the City Council approve the request from Lewis C.Nelson and Sons,Inc. (LCN),to substitute Playgrounds Unlimited and utilize King Khan Drilling and Construction Inc.,for the Installation of Playground Equipment work located at Universally Accessible Park located in Council District 1. EXECUTIVE SUMMARY LCN,the General Contractor for the referenced project,has requested to substitute Playgrounds Unlimited,who is listed in the bid documents as the Installation of Playground Equipment subcontractor.In accordance with the bid documents,LCN listed Playgrounds Unlimited,for the Installation of Playground Equipment portion of the project because the work exceeds one-half of one percent of the total contract amount.LCN notified the City by letter dated July 1,2014,that their playground equipment subcontractor,Playgrounds Unlimited,cannot meet the bond requirements of the Prime Contractor contract.LCN is requesting King Khan Drilling and Construction Inc.,be allowed to perform the Installation of Playground Equipment portion of the project.This action requires Council approval because Public Contract Code Section 4107 requires consent of the awarding authority to be requested by a prime contractor for a substitution of a subcontractor. City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-335 Agenda Date:9/25/2014 Agenda #:1-E BACKGROUND On April 10,2014,a contract was issued in the amount of $7,819,000 to LCN for the construction of the Universally Accessible Park.In the original proposal,Playgrounds Unlimited of Santa Clara, California was listed as the subcontractor for the Installation of Playground Equipment contract.On July 1,2014,LCN provided the City a written request to substitute the listed subcontractor due to the listed subcontractor cannot meet the bond requirements of the Prime Contractor per Public Contract Code 4107 (a)(4). In accordance with Section 4107 of the Public Contracts Code,a Prime Contractor may substitute a listed subcontractor,with the consent of the awarding authority,when the listed subcontractor cannot meet the bond requirements of the Prime Contractor. The Subletting and Subcontracting Fair Practice Act requires the Prime Contractor to secure the permission of the awarding agency before substituting a non-listed subcontractor for a listed subcontractor in order to protect the public and subcontractors from bid shopping and bid peddling.( Southern California Acoustics Co., Inc., v. C.V. Holder, Inc. (1969), 71 Cal.2d 719,726) LNC has requested that they be allowed to utilize King Khan Drilling and Construction Inc.,to perform the Installation of Playground Equipment work in place of Playgrounds Unlimited,by letter dated July 1,2014.Section 4107 of the Public Contract Code allows the prime contractor to substitute listed subcontractor with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code,the City has notified Playgrounds Unlimited of the proposed substitution by certified mail delivered July 16,2014.Playgrounds Unlimited did not provide written objections within five working days of receipt of the notification ending at 5:00 P.M.on July 23,2014,which constitutes the listed subcontractor’s consent to the substitution.The City has not received a timely objection in accordance with Public Contract Code 4107.The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if Council consents to the substitution. The replacement of the subcontractor for the playground installation portion of the contract will not increase the cost of the project. This project does not contain a Disadvantaged Business Enterprise (DBE)requirement and therefore will not affect the DBE status of the contract. 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 action that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-335 Agenda Date:9/25/2014 Agenda #:1-E FISCAL IMPACT There will be no impact to the General Fund or the project budget by this substitution. 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#14-347 Agenda Date:9/25/2014 Agenda #: REPORT TO THE CITY COUNCIL September 25, 2014 FROM:BRUCE RUDD, City Manager City Manager’s Office SUBJECT *BILL NO.B-38 -(Intro.August 28,2014)(For adoption)-Repealing Section 4-111 of the Fresno Municipal Code and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements RECOMMENDATION Staff recommends that City Council approve the ordinance repealing and replacing Section 4-111 of the Fresno Municipal Code (FMC)relating to Project Labor Agreements.The recommended action will allow the City to remain eligible to receive state grant and loan funding and other financial assistance for public utilities and public works capital projects after December 31, 2014. EXECUTIVE SUMMARY The proposed ordinance repeals FMC Section 4-111 prohibiting project labor agreements,and replaces it with a revised 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 grant and loan funding and other financial assistance for public utilities,public works,or public transportation related capital 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 governing boards to have the discretion to consider the use of project labor agreements on a project by project basis. Further,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 that prohibits,limits or City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-347 Agenda Date:9/25/2014 Agenda #: constrains their governing board from adopting,requiring or utilizing a project 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 replace it with a new Section 4-111 that complies with Section 2500,the state will consider the City ineligible to receive state grants,loans and other financial assistance for public utilities,public works or public transportation related capital projects.The Senate Bills only require that a city’s governing board have the discretion to consider whether to use a project labor agreement on a project specific basis,and does not require governing boards to enter into project labor agreements.On February 20,2014,a lawsuit was filed challenging the constitutionality of the Senate Bills,and that lawsuit 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 will be a significant fiscal impact to the City if the State deems that the City is ineligible to receive state grants,loans,and other financial assistance for public utilities,public works,or public transportation capital projects. For example,on June 26,2014,the Council awarded a construction contract to W.M.Lyles Co.for the construction of the Tertiary Treatment and Disinfection Facility (TTDF),and an associated Solar Energy Facility,at the Fresno-Clovis Regional Wastewater Reclamation Facility.This project is a key element of the City’s long-term water supply management strategy to reduce the over drafting of the groundwater aquifer.Also in June,the City was notified by the California State Water Resources Control Board (“CSWRCB”)that the construction contract awarded to W.M.Lyles Co.was eligible for approximately $40 million dollars in low-interest loan funding.The proposed term of the loan is 30 years,and the anticipated interest rate is 1.9 percent.The most recent revenue bond issued by the Department was in 2010,with a term of 30 years and an average interest rate of 4.5 percent.When comparing the CSWRCB low-interest loan financing for $40 million to conventional revenue bond financing,the total estimated savings in principal and interest payments for the CSWRCB low-interest loan is in excess of $21 million to the City’s rate payers. Additional benefits of the CSWRCB low-interest loan include reduced loan origination fees (1 to 2 percent)versus conventional revenue bonds (10 percent);interest for the CSWRCB low-interest loan City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-347 Agenda Date:9/25/2014 Agenda #: percent)versus conventional revenue bonds (10 percent);interest for the CSWRCB low-interest loan does not begin accruing until after construction is complete;and the first loan payment is not due the CSWRCB until 1 year after construction is complete.Similar costs savings should be expected for state grants, loans, and financial assistance provided for roadway projects and parks projects. Attachment: Ordinance City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, REPEALING SECTION 4-111 OF THE FRESNO MUNICIPAL CODE AND ADDING SECTION 4- 111 TO THE FRESNO MUNICIPAL CODE RELATING TO PROJ ECT TABOR AGREEMENTS. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1" The California Public Contract Code sections 2500 through 2503 pr,ohibit charter cities from maintaining chaÉer or ordinance provisíons that limit or prevent the city council from approving project labor agreements for construetion projects, or the city may be deprived of state funding or financial assistance for projects. SECTION 2, Section 4-111 of the Fresno Municipal Code prohibiting project labor aEreements is repealed and replaced with a new section 4-111 to read: Section 4-111. PROJECT LABOR AGREEMENTS. (a) "Project Labor Agreement" shall have the definition set forth in California Public Contract Code section 2500. (b) The Council may require a Project Labor Agreement for any contract lor construction projects for the city, as provided in California Public Contract Code seclions 2500 through 2509. SECTION 3. This ordinance shall become effective and in full force and effect at 12:A1 a.m. on the thirty-first day after its final passage. Date Adopted: Date Approved Ëffective Date: .7 ,t City Attorney Approval: _ffi' Page 1 o'f 2 Ordínance No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crTY oF FRESNO ) l, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, ai a regular meeting held on the day of ,2014. AYES :NOES : ABSENT : ABSTAIN : Mayor Approval: Mayor Approval/No Return: 2014 2014 2014Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Brandon M. Collet Date Deputy BMC:prn [65436prn/ord] 08-20-1 a YVONNE SPENCE, CMC City Clerk BY: Deputy ,2014 Page 2 of 2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-365 Agenda Date:9/25/2014 Agenda #:1-G REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:SHARON SHAFFER, Deputy Chief Support & Special Services Division SUBJECT Authorize the acceptance of the grant award from the California Endowment & Fresno Regional Foundation and authorize the Chief of Police to enter into and execute the agreement for all required program documents RECOMMENDATION It is recommended that the City Council authorize the Chief of Police to enter into and execute the Agreement,subject to the approval as to form of the City Attorney,and all program documents,and authorize acceptance of grant award of $261,104.Funds for this project were included in the FY15 budget. Any remaining funds will be included in the FY 2016 budget submission. EXECUTIVE SUMMARY The California Endowment (TCE)through fiscal sponsorship from Fresno Regional Foundation awarded the City of Fresno $279,116 in grant funds for continued staffing of the Youth Liaison Officer (YLO)position.The award will cover 100%of wages and 32%($50,979)of fringe benefits of a sworn officer,and direct project expenses for two years,including 7.5%($18,217)indirect cost fee from Fresno Regional Foundation.The remaining 68%($14,600)of fringe benefits will be covered by the General Fund.The Fresno Police Department (FPD)will furnish an unmarked department vehicle for use by the YLO. BACKGROUND The FPD is committed to maintaining and building trust with our community.This trust provides every department member with the foundation required to carry out his/her duties.Without trust we simply do not have the ability to serve our public,including the youth of our community.The phrase "with our community"is included to reflect our desire to work side by side,in partnership with our City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-365 Agenda Date:9/25/2014 Agenda #:1-G community, as we collectively build a more inviting and healthy community together. Any true,comprehensive,and strong bond between law enforcement and the community must include engaging and building relationships with the youth of all communities,diversities,and ages. Respect,trust,and understanding are key elements in any relationship.More importantly,they are critical to the relationship we are hoping to build and establish between the FPD and our youth. Taking the time to understand each other’s perspective and paradigms can only lead and build a positive foundation in an improved relationship.It is clear that both youth and law enforcement both want to be treated with courtesy, respect, and dignity. To continue to meet the need outlined above,the FPD proposes the continuation of funding to support the YLO.The primary goal of the YLO is to build and strengthen relationships between youth and the FPD to support safer communities,with particular emphasis in the FPD’s Southwest and Southeast Policing Districts.Those Districts correspond to the Building Healthy Communities (BHC) efforts in Central, Southwest, and Southeast areas of Fresno. The grant approved by TCE will fund the YLO position for a two-year period.The FPD will provide one full-time assignment of a Youth Liaison Officer to perform duties described below. The YLO duties include: ·Emphasizing building positive and healthy relationships that foster understanding rather than an enforcement emphasis. ·Representing,participating,ensuring a presence,and helping to jointly plan youth forums/events to enhance dialogue and break down barriers. ·Training and coaching other law enforcement officers in how to positively interact and build effective and positive relationships with youth in the Fresno BHC area. ·Building healthy,meaningful relationships and deepening trust with youth to challenge negative perceptions between youth and the FPD. ·Continue research and updates of Resource Guide for Youth and Families,in cooperation with the youth leaders and other relevant organizations that outline current community resources as well as laws and recommended actions when interacting with police. ·Organizing,convening,and facilitating ongoing dialogue circles between youth in the community and the FPD. ·Developing a strategy focused on violence and youth together with youth leaders that will emphasize positive partnerships between youth and FPD. ·Work together to identify and amend at least one Department policy that will forge stronger, more positive, and healthier relationships between youth and officers. The YLO will work under the direct supervision of the FPD - Support Bureau. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-365 Agenda Date:9/25/2014 Agenda #:1-G N/A FISCAL IMPACT There is no required match.There will be an impact of 63%or $14,600 to the General Fund to cover officer fringe benefit costs over the allowable percentage permitted by the grant.No additional personnel will be hired. Attachment:Project Grant Agreement City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ - 1 - GRANT AGREEMENT CITY OF FRESNO, CALIFORNIA AND THE FRESNO REGIONAL FOUNDATION THIS AGREEMENT is made and entered into effective the 1st day of October, 2014, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “CITY”), and The Fresno Regional Foundation, a California nonprofit public benefit corporation (hereinafter referred to as “FRF”). RECITALS WHEREAS, the CITY’S Fresno Police Department (“FPD”) provides law enforcement services; and WHEREAS, Fresno Regional Foundation (‘FRF”) is funding the services provided in this Agreement through their Building Healthy Communities Program which Program and award documents are incorporated herein by reference; and WHEREAS, FRF recognizes the benefit of FPD creating a position and assigning a Youth Liaison Officer (YLO) (the position is described in Exhibit A); and WHEREAS, FRF has re-awarded monies to CITY to support continuance of such a Youth Liaison Officer position with FPD; and WHEREAS, performance of the services by CITY will be of benefit to CITY and in the public interest. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the respective parties, it is mutually agreed as follows: 1.Law Enforcement Services. (a)CITY will provide one full-time assignment of a Youth Liaison Officer (hereinafter referred to as “YLO”) to perform duties (described in Exhibit A) at locations within CITY boundaries; subject, however, to the availability of the YLO. For purposes of this Agreement, “availability” shall be in the sole determination of FPD’s Chief of Police, or his/her designated representative, taking into consideration any factors including, without limitation, health of YLO, shortage of manpower, funding, and duty assignment of YLO(s) to higher priority matters. (b)On an as-needed basis and subject to the availability of the YLO, FRF may request services by the assigned YLO on an overtime basis.For purposes of this Agreement, “availability” shall be in the sole determination of FPD’s Chief of Police, or his/her designated representative, taking into consideration any factors including, without limitation, the YLO’s personal availability, health of YLO, shortage of manpower, funding, and duty assignment of YLO to higher priority matters. (c)The parties agree that CITY retains control over assignments, wages, and other terms and conditions of employment by CITY of the YLO. FRF acknowledges that the YLO is held to the requirements of the law and FPD policy. FRF agrees that it shall not have - 2 - authority to direct the YLO’s law enforcement activity. FRF will immediately notify FPD of any concerns regarding such activity. (d)Reports. CITY shall submit a written progress report to the Fresno Regional Foundation as of the end of CITYs’ annual accounting period within which the grant or any portion thereof is received and all such subsequent periods until the grant funds are expended in full or the grant is otherwise terminated. Such written report shall describe in detail the use of the granted funds, compliance with the terms of the grant, and the progress made by the CITY toward achieving the purposes for which the grant was made. Such reports shall be furnished to the FRF within thirty (30) days after the close of the annual accounting period of the CITY for which such reports are made. Within thirty (30) days after the use of the grant funds is completed, the CITY must make a final written report with respect to all expenditures made from the grant funds (including salaries, travel, and supplies), and including the progress made toward the goals of the grant. All such reports must be signed by an officer of the CITY. The reports due are as follows: 1st interim report 2nd interim report Final Report due 30 days completion of project (e)Expected Outcomes of Grant. CITY shall complete expected outcome of grant as follows and indicated in EXHIBIT B. A strong alliance is developed among Fresno Law Enforcement and area Youth to create healthy and positive exchange and interaction between the two groups in order to foster understanding and positive relationships as evidenced by hiring a YLO at FPD who will actively interact and engage youth-serving organizations; adoption of curriculum and training program for both FPD and youth by the YLO advisory committee; a series of trainings with a minimum of 15 youth and 5 officers not including YLO and other advisory committee partners on improved relations without emphasis on enforcement. Meaningful Relationships and deeper trust will exist between FPD and Fresno Youth that will challenge negative perceptions between both groups as evidenced by both law enforcement and youth hosting a minimum of three community youth and police forums/events that engage positive dialogue and break down barriers between the two groups; a minimum of three trainings on positive youth interaction are held with FPD Officers working in SW and SE Fresno; and at least adopting one new policy by FPD that fosters a positive relationship and interaction with local area youth. FPD representatives will actively participate and engage in the ongoing Building Healthy Communities work taking place in Southeast/Southwest/Central Fresno as evidenced by attendance at monthly BHC Hub meetings; reporting when scheduled on progress of this grant work; and collaborating and partnering with other BHC grantees when possible. FPD Leadership and CITY Officials are regularly informed about the importance of creating healthy youth relationships as evidenced by YLO and other key FPD Leaders presenting to the Chief and top leaders of the department on a quarterly basis; and an annual report on this grant work towards improving and creating healthy youth relationships between the FPD and area youth. - 3 - 2.FRF Contribution. (a)FRF grants to CITY $ 261,104.00 to off-set 100% of FPD’s operational costs at CITY’S then current rates during the two-year term of this Agreement for the regular duty law enforcement services pursuant to Section 1(a), above. FRF shall pay CITY the funds in two equal payments of $130,552.00 each on the following dates: October 1, 2014 or the FRF receipt of this executed Agreement March 1, 2015 For purposes of this Agreement, “operational costs” include (i) the salary and benefits of the YLO (including, without limitation, Medicare, medical insurance, uniform allowance, unemployment, pension, workers compensation premium and POST Certificate Premium Pay), (ii) the operation and maintenance of one patrol vehicle, and (iii) administrative fees; as are set forth in more detail in Exhibit C. 3.Term of Agreement. It is the intent of the parties that the term of this Agreement will begin October 1, 2014 and end on September 30, 2016, unless terminated earlier in accordance with this Agreement. 4.Termination of Agreement. This Agreement may be terminated immediately by either party upon 30 calendar days prior written notice should the other party fail substantially to observe, fulfill or perform any obligation, covenant, term or condition in accordance with this Agreement. A party will have failed substantially to observe, fulfill or perform any obligation, covenant, term or condition of this Agreement, if such failure is not cured within such 30 calendar days prior written notice and this shall constitute a material default and breach of this Agreement. Such termination shall be subject to obligations due and owing on the date of termination. 5.Indemnification. (a)FRF 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, FRF 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 directly or indirectly from the negligent or intentional acts or omissions of FRF or any of its officers, directors, trustees, employees, agents or volunteers in the performance of this Agreement. (b)CITY shall indemnify, hold harmless and defend FRF and each of its officers, directors, trustees, 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, FRF 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 directly or indirectly from the negligent or intentional acts or omissions of CITY or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by CITY of governmental immunities including California Government Code Section 810 et seq. - 4 - (c)In the event of concurrent negligence on the part of FRF or any of its officers, directors, trustees, employees, agents or volunteers, and CITY or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California’s theory of comparative negligence as presently established or as may be modified hereafter. (d)This section shall survive expiration or termination of this Agreement. 6.Insurance. It is understood and agreed that FRF and CITY maintain insurance policies or self-insurance programs to fund their respective liabilities. Evidence of Insurance, Certificates of Insurance or other similar documentation shall not be required of either party under this Agreement. 7.Nondiscrimination. Neither party shall employ discriminatory practices in their respective performance under this Agreement 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. 8.Independent Contractor and Not a Partnership. For purposes of this Agreement, CITY and FRF shall act in an independent capacity and not as officers or employees or agents of the other. Nothing in this Agreement establishes, constitutes, or will be construed as establishing or constituting a partnership or agency or employment relationship between CITY and FRF. Officers providing services under this Agreement shall remain the employees of CITY, and shall not be employees of FRF. 9.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 or deposited into the United States mail, with postage prepaid, 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. 10.Binding. 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. 11.Assignment. Neither party may assign or transfer, by operation of law or otherwise, all or any of its rights or obligations under this Agreement without the prior written consent of the other party. 12.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. 13.Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 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. - 5 - 14.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. 15.Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 16.Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 17.Attorney’s Fees. If 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. 18.Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, attached and incorporated into and made a part of this Agreement. 19.Precedence of Documents. In 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. 20.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. 21.Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and FRF. / / / / / / / / / / / / / / / / / / / / / - 6 - IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO,Fresno Regional Foundation, a California municipal corporation a California non-profit public benefit corporation By: __________________________By: ____________________________________ JERRY DYER, Chief of Police Dan De Santis, Chief Executive Officer Fresno Police Department Fresno Regional Foundation ATTEST: YVONNE SPENCE, CMC City Clerk By: ________________________ Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: ______________________________ Mary Anne Tooke Date Deputy City Attorney Addresses: CITY:TCE: Fresno Police Department Fresno Regional Foundation Attention: Jerry Dyer,Attention: Dan De Santis, Chief of Police Chief Executive Officer 2323 Mariposa Mall 5250 North Palm Avenue, Fresno, CA 93721 Suite 424, Fresno, CA 93704 Attachment: Exhibit A – Position Description Exhibit B – Cost Breakdown for Police Services Exhibit C - Workplan Page 1 of 1 Exhibit A Position Description Youth Liaison Officer 2014-2016 The Youth Liaison Officer (YLO) works under the direct supervision of the Fresno Police Department (FPD). The YLO’s primary focus areas will be the Southeast and Southwest Policing Districts. The primary goal of the YLO is to build and strengthen relationships between at-risk youth and the FPD to support safer communities. Guidelines for YLO duties are as follows: Emphasize building positive relationships and fostering understanding rather than an enforcement emphasis. Represent, participate and ensure a presence during at-risk youth forums/events to enhance dialogue and break down barriers. Train and coach other law enforcement officers in interacting effectively with at- risk youth in the Fresno BHC area. Build meaningful relationships and deepen trust with at-risk youth to challenge negative perceptions between at-risk youth and the FPD. Organize, convene, and facilitate ongoing dialogue circles between at-risk youth in the community and the FPD. Develop a strategy focused on violence and at-risk youth. Strategy will emphasize positive alternatives to violence, opportunities to succeed, the impact of violence on at-risk youth, and partnerships to address the needs/issues of at-risk youth. Page 1 of 1 EXHIBIT C Cost Breakdown of Police services to Fresno Regional Foundation (Effective October 1, 2014 – September 31, 2016) 10/1/14-6/30/15 7/1/15-6/30/16 7/1/16-9/31/16 Personal One Police Officer - “F” Step Annual Salary (40 hours per week for 56 weeks x $65.15 hrly.) $58,858 $80,831 $19,619 $6,348 monthly Benefits: (Medical insurance, uniform allowance, unemployment, $18,835 $25,866 $6,278 workers comp, medicare, pension, POST certificate and premium pay)* Youth Liason Officer Training $1,125 $1,500 $375 (YLO direct project related trainings) Supplies Training/meeting meals $750 $1,000 $250 Youth trainings $975 $1,300 $325 Stipends $1,125 $1,500 $375 Project Supplies $2,250 $3,000 $750 Travel $750 $1,000 $250 Special Event $5,250 $7,000 $1,750 (Community engagement events such as midnight basketball, cost which may include referees, equipment, security staffing, advertising, and other items identified in project development) Indirect Cost $6,744 $9,225 $2,248 $96,662 $132,222 $32,220 Total Cost for the Effective Period of this Grant $261,104.00 Page 1 of 2 EXHIBIT B WORK PLAN City of Fresno Police Department Activities Outcomes and Indicators Timeline 1. Conduct at least 2 trainings a year for SRO’s and at least 2 patrol officers per policing district in Fresno. 2. Engage in at least 4 community dialogues on police community perceptions in partnership with BHC grantees and partner organizations. 3. Actively participate in the BMOC youth table by attending regularly scheduled meetings. 4. Conduct a minimum of at least 2 trainings per year with youth regarding police trainings to help build understandings between the two groups. Fresno Police Officers continue to build understanding of positive youth interaction and relationship as evidenced by: 1.Pre and post training assessments from the Strategies For Youth training. 2.A 15% reduction in police citations at school campuses in Fresno Unified School District 3.A minimum of at least 15 youth actively participating in identified youth specific trainings bi-annually. Month 1 - 24 1. Review and highlight potential changes in the Strategies For Youth (SFY) assessment. 2. Participate in meaningful conversations with YLO, designated department administration, TCE Program Manager, BHC hub manager and agreed upon partners on report findings. 3. Conduct at least one meeting with Chief of Police and community partners on potential policy change and adoption highlighted in SFY assessment. 4. Work with Chief of Police and other high level department officers to participate in at least 2 BMOC conversations on policing and building trust. Fresno PD will improve relationships with youth in the community as evidenced by; 1.Reviewing and implementing recommendations of the SFY assessment and report. 2.Engaging BHC community and partners in discussion on proposed policy change. 3.Adoption of at least one new policy change to improve relationship with youth. 4.Engaging in at least two community conversations with youth and community on improved police relations. Month 1 - 24 Page 2 of 2 1. YLO and assigned Lt. will identify at least 5 officers representing both SRO’s, patrol, and administration to serve as an advisory committee with a minimum of 3 youth serving organizations that include at least 1 BMOC grantee. 2. Advisory committee will meet quarterly to discuss progress on improving law enforcement and youth relations. 3. Partner with BHC grantees and/or BHC Hub to host at least 2 forums, events, and/or community conversations on issues of concern to youth and law enforcement relations. 4. Work with BHC partners to identify organizations, parent groups, neighborhood committees and/or youth organizations that can be trained to establish a minimum of at least 2 neighborhood safety committees. 5. Develop positive opportunities such as midnight basketball for youth with FPD involvement and positive interactions with youth. Increased understanding among Fresno PD on positive youth and community interaction as evidenced by: 1.Increased number of neighborhood safety committees in the BHC area. 2. Expanded dialogue with community regarding police and community relations. 3. Develop positive at least two positive events where youth and law enforcement can interact positively such as midnight basketball events. Month 1 - 24 1. FPD YLO or designated department representative will ensure active participation in BHC events, grantee partners meetings, and forums. 2. FPD YLO or designated department representative will attend and participate in All BHC community meetings, monthly hub meetings and active engagement in the Fresno BHC neighborhoods and schools teams. 3. FPD will collaborate with other BHC grantees and partners when possible. 4. FPD YLO will work with BHC hub manager and Rapid Responder to ensure messaging and promotion of BHC Fresno and HHH are included in the work of this grant. 5. YLO will complete one annual report and a final report documenting the progress of the initiative. The final report will be presented to the city council by the Chief of Police or designated department member. Fresno Police Department will actively participate, engage, and promote the BHC work taking place in Southeast/Southwest/Central Fresno as evidenced by; 1. Active participation in BHC events, grantee partner meetings and forums; All BHC community meetings; monthly hub committee meetings; active participation in neighborhoods and schools team meetings; 2. Collaborate and partner with other BHC partners when possible; and work with Hub Manager and Rapid Responder communications person to ensure messaging and promotion of BHC Fresno and HHH are included in the work of this grant. Month 1 - 24 WORK PLAN File Number 2014xxxx Fresno Regional Foundation Activities Outcomes and Indicators Timeline 1. Conduct at least 2 trainings a year for SRO’s and at least 2 beat officers per policing district in Fresno. 2. Engage in at least 4 community dialogues on police community perceptions in partnership with BHC grantees and partner organizations. 3. Actively participate in the BMOC youth table by attending regularly scheduled meetings. 4. Conduct a minimum of at least 2 trainings per year with youth regarding police trainings to help build understandings between the two groups. Fresno Police Officers continue to build understanding of positive youth interaction and relationship as evidenced by: 1. Pre and post training assessments from the Strategies For Youth training. 2. A 15% reduction in police citations at school campuses in Fresno Unified School District 3. A minimum of at least 15 youth actively participating in identified youth specific trainings bi-annually. Month 1 - 24 1. Review and highlight potential changes in the SFY assessment. 2. Participate in meaningful conversations with YLO, designated department administration, TCE Program Manager, BHC hub manager and agreed upon partners on report findings. 3. Conduct at least one meeting with Chief of Police and community partners on potential policy change and adoption highlighted in SFY assessment. 4. Work with Chief of Police and other high level department officers to participate in at least 2 BMOC conversations on policing and building trust. Fresno PD will improve relationships with youth in the community as evidenced by; 1. Reviewing and implementing recommendations of the SFY assessment and report. 2. Engaging BHC community and partners in discussion on proposed policy change. 3. Adoption of at least one new policy change to improve relationship with youth. 4. Engaging in at least two community conversations with youth and community on improved police relations. Month 1 - 24 1. YLO and assigned Lt. will identify at least 5 officers representing both SRO’s, beat, and administration to serve as an advisory committee with a minimum of 3 youth serving organizations that include at least 1 BMOC grantee. 2. Advisory committee will meet quarterly to discuss progress on improving law enforcement and youth relations. 3. Partner with BHC grantees and/or BHC Hub to host at least 2 forums, events, and/or community conversations on issues of concern to youth and law enforcement relations. 4. Work with BHC partners to identify organizations, parent groups, neighborhood committees and/or youth organizations that can be trained to establish a minimum of at least 2 neighborhood safety committees. 5. Develop positive opportunities such as midnight basketball for youth with FPD involvement and positive interactions with youth. Increased understanding among Fresno PD on positive youth and community interaction as evidenced by: 1. Increased number of neighborhood safety committees in the BHC area. 2. Expanded dialogue with community regarding police and community relations. 3.Develop positive at least two positive events where youth and law enforcement can interact positively such as midnight basketball events. Month 1 - 24 1. FPD YLO or designated department representative will ensure active participation in BHC events, grantee partners meetings, and forums. 2. FPD YLO or designated department representative will attend and participate in All BHC community meetings, monthly hub meetings and active engagement in the Fresno BHC neighborhoods and schools teams. 3. FPD will collaborate with other BHC grantees and partners when possible. 4. FPD YLO will work with BHC hub manager and Rapid Responder to ensure messaging and promotion of BHC Fresno and HHH are included in the work of this grant. 5. YLO will complete one annual report and a final report documenting the progress of the initiative. The final report will be presented to the city council by the Chief of Police or designated department member. Fresno Police Department will actively participate, engage, and promote the BHC work taking place in Southeast/Southwest/Central Fresno as evidenced by; 1.Active participation in BHC events, grantee partner meetings and forums; All BHC community meetings; monthly hub committee meetings; active participation in neighborhoods and schools team meetings; 2. Collaborate and partner with other BHC partners when possible; and work with Hub Manager and Rapid Responder communications person to ensure messaging and promotion of BHC Fresno and HHH are included in the work of this grant. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-316 Agenda Date:9/25/2014 Agenda #:2-A REPORT TO THE CITY COUNCIL September 25, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:JERRY L. SCHUBER SR., Assistant Director Department of Public Utilities, Solid Waste Management Division SUBJECT Authorize the City Manager or designee to enter into a month to month successor agreement with the County of Fresno to deliver and dispose of municipal solid waste during the negotiations of a successor agreement to American Avenue Landfill RECOMMENDATION Staff recommends that City Council authorize the City Manager or designee to enter into an agreement with the County of Fresno to continue to deliver solid waste materials to Fresno County American Landfill on a month to month Agreement. EXECUTIVE SUMMARY The Department of Public Utilities and the City Manager’s Office continue negotiations with the County of Fresno concerning the City/County American Avenue Landfill contract,which expired on June 30,2014.As part of these discussions the parties have agreed to retain the current solid waste disposal agreement.This agreement will constitute a month to month assignment with the City requiring commercial and residential solid waste to be transported and disposed of in the American Avenue Landfill. The overall cost of this agreement varies depending on material tonnage collected.Tipping fees during the course of these discussions will be locked in at the same rate which was in place at the end of the contract (currently $23.00 per ton). Funding is being provided by the City’s Residential Solid Waste Operating Funds. BACKGROUND In 1992,the City of Fresno,having closed its own sanitary landfill,negotiated a contract with the County of Fresno to bring all municipal solid waste to the American Avenue Landfill for disposal.The agreement was reached in an effort to help the County identify a sustainable funding source so that bonds could be obtained and expansion of the location could be made.The Landfill was subsequently expanded and all bonds have since been paid in full.However,there are other costs associated with operating a landfill,such as the ongoing costs associated with a closure,that need to be evaluated to ensure that funding levels are appropriate. Over the last several months the Department of Public Utilities and the City Manager’s Office have been in discussions with the County of Fresno concerning the American Avenue Landfill contract,which expired on June 30,2014.The City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-316 Agenda Date:9/25/2014 Agenda #:2-A with the County of Fresno concerning the American Avenue Landfill contract,which expired on June 30,2014.The parties have agreed to continue to deliver material to the American Avenue Landfill while working with the outside third party consultant. Ongoing negotiations for a successor agreement to the American Avenue Landfill contract will continue until such time they do not progress.At this time the City may initiate an RFP for Landfill services,once awarded the 30 day notice to cancel the agreement would be issued. It should be noted that the American Avenue Landfill agreement is one of three agreements that will either expire and/or change over the next year that will directly affect the cost of providing residential solid waste services.Any changes to these agreements could potentially help to mitigate the projected increases in solid waste rates that will occur over the next five years.It is anticipated that staff will be initiating the process to increase residential solid waste rates depending on the outcome of the negotiations later this year. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract does not qualify as a “project” and is therefore exempt from the CEQA requirements. FISCAL IMPACT The City’s agreement with the County for the American Avenue Landfill is subject to tonnages hauled and disposed of at $23.00 per ton. The current per ton charge of $23.00 was included in the Division’s FY16 Operating budget. Attachments: Fresno County Agenda Item 36 Amendment No. 1 to Landfill 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#14-348 Agenda Date:9/25/2014 Agenda #:2-B REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:DENNIS BRIDGES, Captain Patrol Support Division SUBJECT Authorize the City of Fresno to enter into a three-year agreement with California State University Fresno (CSUF) for $684,029.49 to provide police services at CSUF events RECOMMENDATION The recommendation is to authorize the City of Fresno to enter into a three-year agreement with CSUF for $684,029.49 to provide police services at CSUF events. EXECUTIVE SUMMARY An agreement is attached for Council to approve the CSUF request to contract with the City of Fresno to provide police and law enforcement services for three years at CSUF events beginning July 1, 2014, through June 30, 2017. BACKGROUND As done in years past,policing and related law enforcement services will be provided in areas at CSUF that have been mutually agreed upon by CSUF and Fresno Police Department (FPD) representatives. This agreement calls for 4,653.3 hours of law enforcement services and use of 100 patrol vehicles, totaling $228,009.83 for each fiscal year for three years totaling $684,029.49.The 100 patrol vehicles is a per year amount,for use on contract services only.This amount has been calculated to cover the direct cost incurred by the FPD for services provided to CSUF during the 2014-2016 fiscal years. The agreement has been reviewed and approved as to form by the City Attorney’s Office and by the City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-348 Agenda Date:9/25/2014 Agenda #:2-B Risk Management Division. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT There is no direct fiscal impact to the City,as all law enforcement service expenses will be reimbursed by CSUF. Attachment:California State University, Fresno, Standard Contract DS:mlf 08/28/14 City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ Please Remit To: City of Fresno Police Department * PO Box 1271 * Fresno, California 93715 * 559-621-2056 CITY OF FRESNO POLICE DEPARTMENT Contract Law Enforcement Services 1. APPLICANT: Exhibit B Page 1 of 1 Name: California State University, Fresno Address: 2311 E Barstow Ave M/S PO14 City/State/Zip: Fresno CA 93740-8004 Phone #: (559) 278-5232 Fax#: (559) 278-6686 Alternate Phone: (559) 278-8400 Name of contact person if different from above: Gus Perez, Events Coordinator 2. IF APPLICANT AN ORGANIZATION/BUSINESS: Name of Organization: California State University, Fresno Address: 2311 E Barstow Ave M/S PO14 City/State Zip: Fresno CA 93740-8004 Phone #: 3. TYPE OF EVENT OR SERVICE: Briefly Describe Activities: VARIOUS EVENTS Address/Location: VARIOUS CAMPUS LOCATIONS INCLUDING THE SAVEMART CENTER Date(s): 07/01/2014 – 06/30/2017 Report Time: Differs with events End Time: Differs with events Type of Duties Requested: Suppression of criminal activity and apprehension of violators at facility. Anticipated # of attendees, if Applicable: Various Alcohol Served: Differs with events 4. STAFFING NEEDS: Number Total Hours Rate** Total Police Sergeant(s)33.4 186.7 62.63$ 11,693.02$ Community Service Officers(s)133.4 1466.6 37.82$ 55,466.81$ Police Vehicle(s) Flat Rate 100***20.00$ 2,000.00$ ** Rate subject to change without notice ESTIMATED TOTAL:228,009.83$ *** 100 vehicles per year for use on contracts only TOTAL FOR EACH FISCAL YEAR: $228,009.83 TOTAL FOR 07/01/2014-06/30/2017: $684,029.49 5. BILLING:   A four-hour minimum applies to all contract requests;  Vehicle requests must be for the length of the entire event or assignment;  Time in excess of that which was requested will be billed to the applicant;  Applicants are billed for each additional half-hour or portion thereof; AND  Travel time (to and from the event) will be charged to each vehicle requested. The travel time charge will be an additional half-hour at the pay rate of the personnel [Sergeant, Officer, or CSO] assigned to bring the vehicle, except for the assignment to football game events. Your signature indicates that you have received, read, and agree to abide by the Fresno Police Department Contracted Law Enforcement Regulations, attached and incorporated herin by reference. Completing this document neither guarantees your request for officers will be filled, nor that a marked police vehicle will be provided. Your request will be reviewed by a staff officer to determine whether or not off-duty law enforcement services will be authorized by the Fresno Police Department. ____________________________________ ______________________________ CSUF Authoring Signature Date ____________________________________ ______________________________ Jerry Dyer, Chief of Police Date Fresno PD Authoring Signature City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-350 Agenda Date:9/25/2014 Agenda #:2-C REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:ROBERT NEVAREZ, Deputy Chief of Police Police Department SUBJECT Actions pertaining to front-line law enforcement operations 1.Approve the proposed spending plan for the FY 2014-2015 State of California Supplemental Law Enforcement Services Account (SLESA) 2.*RESOLUTION - 19th Amendment of the Annual Appropriation Resolution (AAR) No. 2014-95 to appropriate $812,000 for front-line law enforcement operations into the FY 2015 budget (Requires 5 affirmative votes) RECOMMENDATION It is recommended that Council approve the proposed FY 2014-15 spending plan and authorize the 19th amendment to the annual appropriation resolution 2014-95 for $812,000 to appropriate into the FY 2015 budget. EXECUTIVE SUMMARY The SLESA program is used for front-line law enforcement operations.The Fresno Police Department has received SLESA funds from the State of California every year since 1996.Prior to disbursement of funds,the SLESA spending plan must be approved by Council.The spending plan includes equipment and operational needs not included in the FY 2015 budget.The award amount is based on the FY 2015, State of California Department of Finance budgeted allocations. BACKGROUND The purpose of SLESA is to supplement front-line law enforcement services in accordance with a spending plan developed by the Chief of Police.These funds are to supplement existing services and shall not be used to supplant or replace existing funding for the same services.SLESA funding City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-350 Agenda Date:9/25/2014 Agenda #:2-C is disbursed through the Fresno County’s auditor’s office. This program requires the Chief of Police to submit a written spending plan for all new allocations to the City Council for consideration, separate and apart from the general fund budget process. The attached spending plan is based on the department’s priorities to augment equipment,supplies and operational needs for law enforcement officers that are not budgeted in the City’s General Fund. The department is reliant upon grant funds to fund some of the most essential and basic needs of front line law enforcement.This plan is consistent with past spending plans we request to continue funding the following: ·Ammunition and Weapons;ongoing need for law enforcement for weapons training and qualification, accessories and replacements; ·Sexual Assault DNA analysis kits,which are vital in determining if a crime was committed and identifying those responsible; ·MAGEC Lease and utilities costs; ·Transcriptionist costs to transcribe statements of witnesses and suspects; ·Skywatch helicopter operational costs that provide for continued air patrol through the purchase of fuel, maintenance and repairs, as needed; ·K-9 replacement costs; ·Leads online subscription cost for the nation’s largest online investigation system used by law enforcement to recover stolen property; ·Radio Lease purchase costs; ·Tasers - batteries, warranties and replacement; ·Ballistic Vests, helmets and shields; critical safety equipment which has an expiring life span; ·CALEA, re-accreditation fees; ·Special units tools and supplies; and ·Grants management part time administrative support The proposed spending plan detail is attached for Council consideration and approval. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A due to State and Federal funding. FISCAL IMPACT Approval of the proposed SLESA spending plan will result in a ‘savings’to the General Fund,since the items funded are essential to police operations.There is no match for this grant project and funds are received in advance,deposited into an interest bearing account,where accrued interest is used to support the same objectives of the grant’s approved spending plan. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-350 Agenda Date:9/25/2014 Agenda #:2-C Attachments: Spending Plan AAR 2014-95 City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ - 1 - Date Adopted: Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 19th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $812,000 FOR FRONT-LINE LAW ENFORCEMENT OPERATIONS INTO THE FY 2015 BUDGET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: POLICE DEPARTMENT Sup Law Enforce Svc Fund-SLES $ 812,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Sup Law Enforce Svc Fund-SLES Revenues: Account: 33401 State-Grant $ 812,000 Fund: 22014 Org Unit: 156416 Total Revenues $ 812,000 Appropriations: Account: 51201 Non-Permanent Salaries $ 13,200 51202 Non-Permanent Fringe 1,500 53304 Prof Svcs (Non-Consulting)-O/S 141,000 54101 Utilities 34,300 54303 Service Contracts-Office Equip 34,200 54305 O/S Repair & Maint.--Equipment 160,000 54411 Space Rentals 88,000 56101 Clothing & Personal Supplies 177,000 - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. Increase/(Decrease) Appropriations - Continued: Account: 56107 Office Supplies $ 300 56119 Ammunition 32,000 57411 New Machinery & Equipment 126,000 58016 Membership & Dues 4,500 Fund: 22014 Org Unit: 156416 Total Appropriations $ 812,000 THAT the purpose is to appropriate $812,000 for front-line law enforcement operations into the FY 2015 budget. 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 SLESF 2014/2015 Spending Plan $812,000 ORG 156416 6/30/2016 AmountoDescriptionSafe Kits/forensic exams114,000.00 pyhospital. These kits are vital for determining if a crime was committed and identifying the correct suspect, and for successful investigation and prosecution of sexual assault suspects. Transcriptionist 27,000.00 Utilization of an outside vendor is vital for case investigation as they transcribe the testimony of case witnesses and suspectsMAGEC facility lease120,000.00 py gy y , gy gEnforcement Consortium, is a coalition of individuals from the California Highway Patrol, District Attorney’s Office, Fresno Police Department, Clovis Police Department, Sanger Police Department, Fresno Sheriff’s Office, and FBI who work together to provide immediate follow up to gang related homicides and related crimesLeads-on-line subscription34,200.00 Subscription to the nation’s largest online investigation system used by law enforcement to recover stolen propertySkywatch operational costs 160,000.00 Operational costs not budgeted to include tactical flight/pilot training, professional conferences, fuel and repairs or tools. Radio 61,000.00 Radio lease purchaseAmmunition32,000.00 as new officers and replacements; weapon accessories holsters, tac lights, and code 3 equipment and ballistic shields. Tasers 65,000.00 and warranties Power DMS2,300.00 America’s leading source of risk management resources for public safety organizations, delivering our services through a unique, web-based development Motors-Spec Units10,000.00 Traffic Bureau motor officers require specialized uniforms and boots different than patrol officers. This assists to reduce civil liability and promote officer safety. As needed various safety equipment is necessary for officers for specialized teams, SWATand BITBallistic Vests 154,700.00 Ballistic Vests and/or shields are necessary safety equipment purchases for officers as replacement of vests must be made every 5 years. Grants 15,000.00 Admin support and supplies for grant managementCALEA4,500.00 Reaccredidation and annual renewalsSpecial OPS12,300.00 Breaching Kits and tools for special operational units.Total 812,000.00 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-356 Agenda Date:9/25/2014 Agenda #:2-D REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:ANDY HALL, Police Captain Police Department SUBJECT Actions pertaining to Office of Traffic Safety 1.Authorize the Chief of Police to enter into and execute the agreement and required program documents with the Office of Traffic Safety 2.*RESOLUTION - 16th Amendment to Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $724,900 for the Selective Traffic Enforcement Program (STEP) grant (Requires 5 affirmative votes) RECOMMENDATION It is recommended that Council authorize the Chief of Police to enter into and execute the agreement and required program documents with the Office of Traffic Safety for the STEP grant, and adopt the 16th amendment to Annual Appropriation Resolution 2014-95 to appropriate $724,900. EXECUTIVE SUMMARY The City of Fresno has been awarded grant funds of $966,960 from the Office of Traffic Safety to undertake the STEP. The grant period is from October 1, 2014, through September 30, 2015. The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, distracted driving, and other primary collision factors. “Best practice strategies” will be conducted on an overtime basis. Council approval is needed to authorize the agreement, and appropriate $724,900 into the FY 2015 budget. The remaining funds will be budgeted and expended in FY 2016. BACKGROUND The grant will pay for overtime to allow the department to employ enforcement and innovative strategies to reduce the number of persons killed and injured in traffic collisions. To reduce the City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-356 Agenda Date:9/25/2014 Agenda #:2-D number of persons killed and injured in crashes involving alcohol, speed, distracted driving, and other primary collision factors, “best practice strategies” will be conducted on an overtime basis. The funded strategies will include: Driving Under the Influence (DUI) checkpoints, DUI saturation patrols, surveillance to apprehend and hold accountable repeat drunk drivers and those on probation for DUI, warrant service operations targeting DUI violators who failed to appear in court or violate probation, stakeouts, a “HOT Sheet” program and court stings. The program may also concentrate on speed, aggressive driving, intersection operations with disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. ENVIRONMENTAL FINDINGS N/A since there is no new “project.” LOCAL PREFERENCE N/A due to State and Federal funding used. FISCAL IMPACT There will be no negative impact to the General Fund.The grant funds provide full cost recovery for all operations,training and supplies.Expenses will be reimbursed through the Office of Traffic Safety on a quarterly basis. Attachments: OTS Agreement AAR #2014-95 City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ - 1 - Date Adopted: Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 16th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $724,900 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: POLICE DEPARTMENT Misc State Grants - Police $ 724,900 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Misc State Grants - Police Revenues: Account: 33401 State-Grant $ 724,900 Fund: 22028 Org Unit: 156278 Total Revenues $ 724,900 Appropriations: Account: 51102 Permanent Fringe $ 9,500 51301 Overtime 649,000 53303 Public Relations & Information 4,000 55301 Communications 1,800 55501 Printing & Binding--O/S Vendor 2,000 55801 Training 5,000 57411 New Machinery & Equipment 8,600 57421 New Vehicle Acquisition 45,000 Fund: 22028 Org Unit: 156278 Total Appropriations $ 724,900 - 2 - Date Adopted: Date Approved: Effective Date: Resolution No. THAT the purpose is to appropriate $724,900 for the Selective Traffic Enforcement Program (STEP) grant. 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#14-371 Agenda Date:9/25/2014 Agenda #:2-E REPORT TO THE CITY COUNCIL September 25, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department MANUEL A. MOLLINEDO, Director Parks, After School, Recreation and Community Services Department BY:SCOTT W. KRAUTER, PE, Assistant Director Public Works Department, Street Maintenance Division SUBJECT Actions pertaining to funding park irrigation maintenance in FY 2015 1.*RESOLUTION - 20th amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $795,500 to the Parks, After School, Recreation and Community Services (PARCS) Department to fund park irrigation maintenance in FY 2015 (Requires 5 affirmative votes) 2.*RESOLUTION -2nd amendment to Resolution No.2014-96 entitled “A Resolution of the Council of the City of Fresno Establishing the Number of Positions Authorized in the Various Departments and Offices of the City for FY 2015” RECOMMENDATION Staff recommends that the Council adopt the 20th Amendment to the Annual Appropriation Resolution No.2014-95 appropriating $795,500 to the PARCS Department and adopt the Second Amendment to Resolution No.2014-96 transferring five Irrigation Specialists from the Public Works Department to the PARCS Department. EXECUTIVE SUMMARY As part of the Fiscal Year 2011 Mid-Year Budget Reduction,the park landscape maintenance and irrigation program was moved from the PARCS to the Public Works Department.The Public Works Department subsequently consolidated park maintenance,including irrigation,with the existing Public Works landscape maintenance operations. With the appointment of a full-time PARCS Director the two departments,in conjunction with the City Manager’s Office,have evaluated the best opportunities to improve services in our parks for the community.The change is being recommended as there are unique differences between parks and City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-371 Agenda Date:9/25/2014 Agenda #:2-E community.The change is being recommended as there are unique differences between parks and other types of landscape maintenance.In addition,while the Public Works Department has been responsible for irrigation maintenance,the cost of water being used to irrigate remained with PARCS. Another benefit of this change is the ability to schedule irrigation schedules and repairs around the number of special events that occur in local and regional parks. Landscape maintenance,mowing and trimming operations for City parks will remain in Public Works, along with the care of maintenance district funded neighborhood pocket parks,facilities such as City Hall,subdivision landscape buffers,median islands,trails,greenways and street trees.A Request for Proposal for some of these services is currently out to bid and it is anticipated that a contract recommendation will be presented to Council before the end of the calendar year. BACKGROUND For the last three years,the Public Works Department has utilized nine employees to perform irrigation maintenance on the variety of landscapes,including street landscape buffers and median islands,facilities such as City Hall,greenways and parks.Although both Departments have made efforts to coordinate irrigation in parks during this time,the lack of weekend presence in Public Works,and the demands of PARCS special events have been difficult to resolve.In discussions with the City Manager,both the PARCS and Public Works Departments have evaluated the capabilities of both operations and are recommending that parks related irrigation maintenance be managed by PARCS so to achieve better service for the City’s parks. To accomplish this transfer,the attached resolutions are needed to formally re-assign five Irrigation Specialist positions from Public Works to PARCS.This transfer will also include all equipment, inventory and other operating expenses associated with park related irrigation maintenance for the five positions (i.e., service trucks, fuel, inventory). As is the case with other essential City services,the level of resources used to support this effort will still be less than what is needed to provide an optimal level of service due to budget reductions that have been required in order to balance the General Fund.The PARCS Department will be assessing the overall park irrigation needs,including the deferred maintenance of aging irrigation systems in the parks.The PARCS Director will be providing the City Manager with an assessment and recommendations that will considered as part of the Mayor’s Fiscal Year 2016 Budget. The transfer of park irrigation maintenance to the PARCS Department is proposed to occur effective October 1,2014.Notice was provided to the affected bargaining unit (Local 39)representative, inviting the opportunity to meet and confer regarding the impact of the transfer of the five Irrigation Specialists.The meet and confer process is completed.The City Attorney’s Office has approved as to form the Second Amendment to the PAR. ENVIRONMENTAL FINDINGS The transfer of staff,vehicles and equipment between City departments is not defined as a project under the California Environmental Quality Act and does not require an environmental finding. LOCAL PREFERENCE Local preference is not applicable for transfer of resources between City departments. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-371 Agenda Date:9/25/2014 Agenda #:2-E FISCAL IMPACT The transfer of staff positions,vehicles and equipment from Public Works to the PARCS Department will be accomplished through the reallocation of previously budgeted General Fund resources.There are no impacts to the General Fund,Community Sanitation Fund,and Community Facilities District funds. Attachments: -Financial Summary -20th Amendment to Annual Appropriation Resolution No. 2014-95 -Second Amendment to Position Authorization Resolution No. 2014-96 City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ PARK IRRIGATION MAINTENANCE PROGRAM FINANCIAL SUMMARY Council Meeting 09/25/2014 On an annual basis, maintenance of the irrigation systems in the city’s parks incurs variable expenditures of just over $1 million per year. Expenditures include personnel, utilities (water and electricity), irrigation materials, small tools, minor special projects, and operating expenses for phones and vehicles. There are additional fixed expenditures for computers, liability and property insurance, and facilities which are not included in the $1 million above as these expenditures have already been charged to Public Works for FY 2015. The transfer of park irrigation maintenance to the PARCS Department is proposed to occur effective October 1, 2014. The appropriations proposed for reallocation represent 75 percent of the fiscal year or $795,500 summarized as follows: Expenditure Category Amount Personnel Appropriations Related to Irrigation Specialist Positions Transferred $233,500 Personnel Appropriations Related to Positions Not Transferred 50,100 Non-Personnel Operating Appropriations 470,100 ISF Charge Appropriations Related to Cell Phones and Vehicles 41.800 Total Appropriations Proposed For Transfer $795,500 Non Personnel Operating Appropriations are further broken down below: Non-Personnel Operating Appropriations Amount Utilities (water and electricity) $363,500 Backflow Certification 7,500 Irrigation Inventory, Tools and Supplies 79,100 Special Projects 20,000 Total Non-Personnel Operating Appropriations $470,100 Five full-time permanent Irrigation Specialist positions will be transferred. Two other positions that work part-time on irrigation maintenance will not be transferred at PARCS’ request and will stay with Public Works. However, the funding associated with these two positions will be transferred to provide the PARCS Department with additional resources to be used for maintenance for the rest of the fiscal year. Beginning in FY 2016 all appropriations allocated to irrigation maintenance for the year will be budgeted in the PARCS Department including the fixed charges described above. Date Adopted: 1 of 3 Date Approved: Effective Date: Parks Maint_20th AAR Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 20th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2014-95 APPROPRIATING $795,500 TO THE PARKS, AFTER SCHOOL, RECREATION & COMMUNITY SERVICES DEPARTMENT TO FUND PARK IRRIGATION MAINTENANCE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2014-95 be and is hereby amended as follows: Increase/(Decrease) TO: PARKS, AFTER SCHOOL, RECREATION & COMMUNITY SERVICES DEPARTMENT General Fund $ 795,500 PUBLIC WORKS DEPARTMENT General Fund (795,500) THAT account titles and numbers requiring adjustment by this Resolution are as follows: General Fund Appropriations: Account: 51101 Permanent Salaries $ 227,800 51104 Perm Fringe-Health&Welfare 55,800 54101 Utilities 363,500 54302 O/S Repair & Maint-Other Impr 7,500 54501 Buildings & Improvements 75,200 56101 Clothing & Personal Supplies 1,300 56105 Small Tools For Field Oper 2,500 56107 Office Supplies 100 58004 Special Projects 20,000 59307 Charges For Telephone Service 700 59312 Fleet Services Charge 41,100 Fund: 10101 Org Unit: 170506 Total Appropriations $ 795,500 Date Adopted: 2 of 3 Date Approved: Effective Date: Parks Maint_20th AAR Resolution No. Increase/(Decrease) General Fund Appropriations: Account: 51101 Permanent Salaries $ (227,800) 51104 Perm Fringe-Health&Welfare (55,800) 54101 Utilities (363,500) 54302 O/S Repair & Maint-Other Impr (7,500) 54501 Buildings & Improvements (75,200) 56101 Clothing & Personal Supplies (1,300) 56105 Small Tools For Field Oper (2,500) 56107 Office Supplies (100) 58004 Special Projects (20,000) 59307 Charges For Telephone Service (700) 59312 Fleet Services Charge (41,100) Fund: 10101 Org Unit: 181514 Total Appropriations $ (795,500) THAT the purpose is to reallocate $795,500 from the Public Works Department to the Parks, After School, Recreation & Community Services Department to fund park irrigation maintenance. Date Adopted: 3 of 3 Date Approved: Effective Date: Parks Maint_20th AAR Resolution No. CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2014 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Veto: , 2014 YVONNE SPENCE, CMC City Clerk RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO MAKING THE SECOND AMENDMENT TO RESOLUTION NO. 2014-96 ENTITLED "A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING THE NUMBER OF POSITIONS AUTHORIZÊD IN THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY FOR FISCAL YEAR 2015" RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. Part V, Section 18.1 of Resolution 2014-96 is hereby amended to read: PARKS, AFTER SCHOOL, RECREATION, AND COMMUNITY SERVICES DEPARTMENT Section 18.1 Parks & Recreation Administration Division; Recreation Division; Parks Division FROM TO Full Year 52 57 September 1. 2014 - June 30. 2015 14 14 66 71 1 of 3 Second Amendment to Position Authorization Resolution No. 2014-96 Resolution No. SECTION 2. Part V, Sectíon 22.1 of Resolution 2014-96 is hereby amended to read: PUBLIC WORKS DEPARTMENT Section 22.1 Administration Division; Engineering Services Division; Capital Management Division; Street Maintenance Division; Traffic Signals FROM TO Full Year 271 266 September 1, 2014 - June 30, 2015 6 6 October 1,2014 - June 30, 2015 1 1 278 273 SECTION 3. Upon final legislative approval, this resolution shall become effective on October 1,2014. 2 o13 Second Amendment to Position Authorization Resolution No. 2014-96 Resolution No. ************** STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. ctTY oF FRESNO ) l, WONNE 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: Mayor Veto: Mayor Approval/No Return : 2014 2014 2014 2014 WONNE SPENCE, CMC City Clerk BY: Deputy 3 of 3 Second Amendment to Position Authorization Resolution No. 2014-96 Council Override Vote: APPROVED AS TO FORM CITY ATTORNEY'S OFFICE BY: Tina R. Griffin, Supervising Deputy Date Adopted: Date Approved: Effective Date: See Se City Attorney Approval:Resolution No. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-383 Agenda Date:9/25/2014 Agenda #:2-F REPORT TO THE CITY COUNCIL September 25, 2014 FROM:BRIAN MARSHALL, Director Transportation Department BY:JOSEPH AYERZA, Manager Fleet Management Division SUBJECT Award an extension of the five-year lease/purchase financing agreement with Kansas State Bank in the amount of $3,635,600 at an annual interest rate of 3.389 percent to acquire 82 police vehicles, eight PARCS trucks, and a PARCS trailer, and authorize the Controller or designee to execute same RECOMMENDATION Staff recommends the City Council award an extension of the five-year lease/purchase financing agreement with Kansas State Bank to acquire 82 police vehicles,upfit hardware,eight PARCS trucks, and a PARCS trailer, and authorize the Controller or designee to execute same. EXECUTIVE SUMMARY The Police Department is in need of replacing 50 patrol cars,18 undercover vehicles,and 14 motorcycles,together with the upfit hardware.These vehicles have reached the end of their economic life.Replacement of these units is critical for the Police Department to effectively and efficiently provide public safety services within the City of Fresno. The PARCS Department has had limited budget funding over the past several years and has not replaced vehicles in the typical fashion since 2008.The PARCS Department vehicle fleet has been decreased due to mechanical breakdowns,and those that have been retained are far beyond their expected lifespan. PARCS is in need of replacing eight trucks and a utility trailer. BACKGROUND The Police Department requires replacement vehicles,including marked units,unmarked units,and motorcycles.Over the last few years poor economic conditions and tight budgets have required the life span of a patrol car to be extended from five years up to seven years.Though improvements in vehicle technology and reliability have made this possible,several vehicles in the fleet are Ford City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-383 Agenda Date:9/25/2014 Agenda #:2-F vehicle technology and reliability have made this possible,several vehicles in the fleet are Ford Crown Victorias that are nine years or older.Additionally,several Dodge Chargers are seven years old and have accrued well over 100,000 miles.All of these vehicles have reached the end of their economic life.Replacement of these vehicles is critical for the Police Department to effectively and efficiently provide public safety services within the City of Fresno. The PARCS Department has many types of vehicles in its Fleet,with utility trucks being the highest use unit.PARCS has not had scheduled vehicle replacements since 2008.Some utility trucks have been required to be removed from service due to major mechanical breakdowns that were cost prohibitive to repair.This has decreased the fleet and caused inefficiencies within PARCS operations. The funding for one-lease payment in FY15,in the amount of $398,296.50,has been approved in the current year budget.The award amount will fund the purchase cost of the base vehicles, motorcycles,utility truck bodies,as well as all the hardware needed to upfit the vehicles into a fully functional units.The Police vehicles will be upgraded in the City of Fresno Fleet Upfit shop utilizing current City personnel. ENVIRONMENTAL FINDING Not applicable since the financing does not constitute a “project.” LOCAL PREFERENCE Kansas State Bank was the only financial institution to respond to the City’s Request for Proposals. FISCAL IMPACT The funding has been included in the City FY15 adopted budget.Only one lease payment will be made in FY15.Beginning in FY16,lease payments will be made twice per year at $398,296.50 each, or $796,593.00 annually,for a total of nine additional payments over the remainder of the four-and-a- half year term.The interest rate for this financing is 3.389 percent,which is identical to the original agreement awarded in FY14.Total interest paid over the term of the financing will be $347,365.00. The vehicles will be owned by the City at the end of the five-year term. Attachment: Equipment Lease-Purchase Agreement Part Two City of Fresno Printed on 12/16/2022Page 2 of 2 powered by Legistar™ EQUIPMENT LEASE‐PURCHASE AGREEMENT PART TWO DATED SEPTEMBER 26, 2014 This Equipment Lease‐Purchase Agreement Part Two (Lease Part 2) between Kansas State Bank of Manhattan, a Kansas corporation (Lessor), and the City of Fresno, a California municipal corporation (Lessee), dated September 26, 2014, will be utilized for the financing of additional vehicles (Equipment). WHEREAS, Lessee and Lessor desire to use the terms and conditions of the Equipment Lease‐Purchase Agreement dated October 10, 2013 (Lease Part 1) to form the contractual basis for the new financing of additional Equipment (more specifically stated on Schedule A‐2 and the Payment Schedule attached to this Lease Part 2). NOW, THEREFORE, the undersigned hereby mutually agree, for consideration the receipt of which is hereby acknowledged, as follows: 1. Except as stated in #2 below, Lessee and Lessor desire to incorporate all the terms and conditions of Lease Part 1, into Lease Part 2, as the contractual basis for financing of additional Equipment more specifically listed on Schedule A‐2 and the Payment Schedule attached to this Lease Part 2. 2. Lessee and Lessor agree that for Lease Part 2, the following terms, all as more fully stated in the Schedules, exhibits and attachments to Lease Part 2, will be inserted, where appropriate, in lieu of the corresponding Lease Part 1 terms: Equipment, Rent Payment amount and dates, finance amount, and contract term, etc. Lessee and Lessor also agree to incorporate for Lease Part 2 these new Schedules to replace those attached to Lease Part 1: A. Schedule A‐2 and Payment Schedule (to include term and commencement date for new financing) B. Officer’s Certificate C. Arbitrage and Tax Certificate D. Resolution/Minutes Authorizing Financing E. Opinion of Counsel F. Escrow Agreement & exhibits G. IRS Form 8038 H. Proof of Insurance 3. The security interests granted to Lessor, whether in Lease Part 1 or Lease Part 2, will secure the payment of all obligations of Lessee under Lease Part 1 and Lease Part 2. 4. The commencement date for Lease Part 2 will be September 26, 2014. Payments will be due twice annually, with the last payment due September 26, 2019. Lease Part 1 (including Schedule A and all Exhibits) remains in full force and effect, and is scheduled to continue in effect until October 10, 2018. 5. All payments under Lease Part 2 will be made by City to: Kansas State Bank of Manhattan P.O. Box 69 Manhattan, Kansas 66505‐0069. IN WITNESS WHEREOF, Lessee’s undersigned representatives warrant and represent that their Governing Body, either through direct board action or indirectly through established policies and procedures, has determined that a real need exists for the acquisition of the Equipment listed herein, and it is in Lessee’s best interest to enter into this Lease Part 2. The Lessee and Lessor have caused this Lease Part 2 to be duly executed by their respective officers who have signed below. City of Fresno, a California municipal corporation as Lessee Kansas State Bank of Manhattan, a Kansas corporation as Lessor Signature of authorized individual Signature of authorized individual Michael Lima, City Controller Date Marsha Jarvis, Senior Vice President Date Printed Name and Title Printed Name and Title Attest: Yvonne Spence, CMC City Clerk Approved as to legal form: Douglas T. Sloan, City Attorney Signature of authorized individual Signature of authorized individual Yvonne Spence, City Clerk Date Douglas T. Sloan, City Attorney Date Printed Name and Title Printed Name and Title SCHEDU LE A-2 Dated as of September 26, 2014 This Lease Schedule A-2 (this "Schedule'') relates to the Equipment Lease-Purchase Agreement Part Two referenced below and, together with the terms and conditions of the Lease incorporated herein by reference, constitutes a Lease. Unless otherwise defined herein, capitalized terms will have the same meaning a described to them in the Lease. Equipment Lease-Purchase Agreement Part Two dated September 26, 2014 ("Commencement Date") 1. Equipment Description. As used in the Lease, "Equipment" means all of the property described in the Payment Schedule attached to this Schedule and all attachments, additions, accessions, parts, repairs, improvements, modifications, replacements and substitutions thereon and thereto. 2. Rent Payments; Lease Term. The Rent Payments to be paid by Lessee to Lessor, the Commencement Date of this Lease and the Lease Term of this Lease are set forth on the Payment Schedule attached to this Schedule. 3. Essential Use; Current Intent of Lessee. Lessee represents that (a) the use of the Equipment is essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens, (b) the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the permissible scope of its authority and will not be used in a trade or business of any person or entity, and (c) the useful life of the Equipment is not less than the stated full Lease Term of this Lease. Lessee has determined that a present need exists for the Equipment which need is not temporary or expected to diminish in the near future. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this Lease; and to make Rent Payments so long as funds are appropriated by its governing body for the succeeding fiscal year. 4. Re-Affirmation of the Lease Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Lease (particularly Sections 6.1 and 16 thereof) are true and correct as though made on the date of execution of this Schedule. PAYMENT SCHEDULE - 2 Attached to and made a part of Lease Schedule A-2 dated as of September 26, 2014 by and between Kansas State Bank of Manhattan, as Lessor, and City of Fresno, as Lessee. Commencement Date: September 26, 2014 1. EQU IPMENT LOCATION & DESCRIPTION: Various City of Fresno Police Stations and Police Department Facilities Fresno, California Police Vehicles and Utility Maintenance Vehicles 2. LEASE PAYMENT SCHEDULE: (a) Total Amount Financed: $3,635,600.00 (Purchase Price) (b) Payment Schedule: Rent Pmt No. Rent Payment Date Rent Payment Amount Interest Portion Principal Portion Termination Value* 1 26‐Mar‐15 $398,296.50 $61,605.28 $336,691.22 $3,368,068.37 2 26‐Sep‐15 $398,296.50 $55,900.04 $342,396.46 $3,012,377.93 3 26‐Mar‐16 $398,296.50 $50,098.13 $348,198.37 $2,652,188.01 4 26‐Sep‐16 $398,296.50 $44,197.90 $354,098.60 $2,287,441.69 5 26‐Mar‐17 $398,296.50 $38,197.70 $360,098.80 $1,918,081.33 6 26‐Sep‐17 $398,296.50 $32,095.82 $366,200.68 $1,544,048.56 7 26‐Mar‐18 $398,296.50 $25,890.55 $372,405.95 $1,165,284.27 8 26‐Sep‐18 $398,296.50 $19,580.13 $378,716.37 $781,728.62 9 26‐Mar‐19 $398,296.50 $13,162.77 $385,133.73 $393,320.99 10 26‐Sep‐19 $398,296.50 $6,636.68 $391,659.82 $0.00 CITY OF FRESNO, a California municipal corporation as Lessee Kansas State Bank of Manhattan, a Kansas corporation as Lessor By: By: Name: Michael Lima Name: Marsha Jarvis Title: City Controller Title: Senior Vice President ATTEST: ATTEST: By: By: Name: Yvonne Spence Name: Curtis Loub Title: CMC City Clerk Title: Vice President & General Counsel Schedule (02) SCHEDULE B‐2 OFFICER’S CERTIFICATE RE: Equipment Lease‐Purchase Agreement Part Two dated as of September 26, 2014, between Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the governing body of Lessee to sign this Officer’s Certificate with respect to the above referenced Lease. I hereby certify that: 1. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rent Payments required to be paid under the Lease during the current Budget Year of Lessee, and such moneys will be applied in payment of all Rent Payments due and payable during such current Budget Year. 2. Lessee has obtained insurance coverage as required under the Lease from an insurer qualified to do business in the State. 3. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 4. The governing body of Lessee has approved the authorization, execution and delivery of this Lease on its behalf by the authorized representative of Lessee who signed the Lease. 5. Please list the Source of Funds (Fund Item in Budget) for the Rent Payments that come due under Exhibit B of this Lease. Source of Funds : Fleet Fund Appropriations By signing below, Lessee hereby authorizes the General Fund of the Lessee as a backup source of funds from which the Rent Payments can be made. City of Fresno, California Signature Michael Lima, City Controller Printed Name and Title Schedule (02) SCHEDULE C‐2 ARBITRAGE AND TAX CERTIFICATE RE: Equipment Lease‐Purchase Agreement Part Two dated as of September 26, 2014, between Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign the above referenced Lease and this Arbitrage and Tax Certificate with respect thereto. This Certificate is being issued pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and Treasury Regulations, Sections 1.103‐13, 1.103‐14 and 1.103‐15 (the “Regulations”). The following facts, estimates and circumstances are in existence on the date of this Certificate or are reasonably expected to occur hereafter. 1. The Lease provides for the financing of certain Equipment (the “Equipment”) described on Exhibit A thereto from Lessor to Lessee. Pursuant to the Lease, Lessee is required to make Rent Payments with respect to the Equipment, comprising principal and interest, on the dates and in the amounts set forth in Exhibit B to the Lease. 2. Pursuant to the Lease and for the purpose of meeting its obligations thereunder and assuring Lessee of the availability of moneys needed to pay the cost of the Equipment when due, Lessee, Lessor and Kansas State Bank of Manhattan as Escrow Agent (“Escrow Agent”) have executed an Escrow Agreement dated as of September 26, 2014, (the “Escrow Agreement”). 3. The Escrow Agreement provides that Lessor shall deposit $3,635,600.00 into escrow, to be credited to the Equipment Acquisition Fund created by the Escrow Agreement and held, invested and disbursed with respect to the Equipment as provided therein. 4. Lessee and Vendor have entered into a contract for the acquisition and delivery of the Equipment. 5. The Equipment will be acquired and installed with due diligence and, based upon the provisions of the contract described in paragraph 4 hereof, the Equipment will be acquired and installed on or before March 25, 2015. It is expected that all gross proceeds of the Lease will be expended on the Equipment no later than this date. 6. All of the spendable proceeds of the Lease will be expended on the Equipment and related expenses within three years from the date of execution of the Lease and Escrow Agreement. 7. The original proceeds of the Lease, and the interest to be earned thereon, do not exceed the amount necessary for the purpose for which the Lease is issued. 8. The interest of Lessee in the Equipment has not been and is not expected during the term of the Lease to be sold or disposed of by Lessee. 9. No sinking fund is expected to be created by Lessee with respect to the Lease and Rent Payments. 10. The Lessee hereby covenants to take all action necessary under the Code and Regulations to ensure that the interest component of the Rent Payments does not become includable as gross income of the recipient for Federal Income Tax purposes, including, without limitation, complying with all requirements of the Code and Regulations relating to the Rebate of Arbitrage profit to the United States of America. It is not presently expected that Lessee will earn arbitrage profit on amounts deposited in the Equipment Acquisition Fund. 11. To the best of the knowledge and belief of the undersigned, the expectations of Lessee, as set forth above, are reasonable; and there are no present facts, estimates and circumstances which would change the foregoing expectations. WITNESS My hand this ______ day of _________________________, 20 ___. City of Fresno, California Signature Michael Lima, City Controller Printed Name and Title Schedule (02) SCHEDULE D‐2 LESSEE RESOLUTION RE: Equipment Lease‐Purchase Agreement Part Two dated as of September 26, 2014, between Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease) held on __September 25, 2014_____ the following resolution was introduced and adopted: BE IT RESOLVED by the Governing Body of Lessee as follows: 1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described on Schedule A‐2 of the Equipment Lease‐Purchase Agreement Part Two dated as of September 26, 2014, between City of Fresno, California (Lessee) and Kansas State Bank of Manhattan (Lessor). 2. Approval and Authorization. The Governing Body of Lessee has determined that the Lease, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Lease by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Lease on Lessee’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Lease. Authorized Individual(s): Michael Lima, Controller or Karen Bradley, Assistant Controller (Printed or Printed Name and Title of individual(s) authorized to execute the Lease) 3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. Signature: (Signature of Secretary, Board Chairman or other member of the Governing Body) Printed Name & Title: Yvonne Spence, City Clerk (Printed Name and Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of this Resolution) Printed Name & Title: Todd Steimer, Assistant City Clerk (Printed Name of individual who signed directly above) OPINION OF COUNSEL (Must be Re‐typed onto attorney's letterhead) (Date, must be on or after the meeting date listed on Exhibit D‐2, Lessee Resolution) Kansas State Bank of Manhattan 1010 Westloop; P.O. Box 69 Manhattan, Kansas 66505‐0069 RE: Equipment Lease‐Purchase Agreement Part Two dated as of September 26, 2014, between Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) Ladies and Gentlemen: As legal counsel to Lessee, I have examined the foregoing Lease and such other opinions, documents and matters of law as I have deemed necessary in connection with this Lease. Based on the foregoing, I am of the following opinions: 1. Lessee is a political subdivision of the State of California, or a constituted authority authorized to issue obligations on behalf of a political subdivision of the State. 2. Lessee has the requisite power and authority to purchase the Equipment and to execute and deliver the Lease and to perform its obligations under the Lease. The Lease and the other documents either attached hereto or required herein have been duly authorized, approved and executed by and on behalf of Lessee, and the Lease is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms. 3. The authorization, approval and execution of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state and federal laws. 4. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the authority of the Lessee or any of the Lessee’s officers or employees to enter into the Leases. 5. The above opinion is for the sole benefit of the Lessor listed above and can only be relied upon by the Lessor or any permitted assignee or subassignee or successor of Lessor under the Lease. Signature of Legal Counsel ESCROW AGREEMENT THIS AGREEMENT, made and entered into as of September 26, 2014, by and among Kansas State Bank of Manhattan, (Hereinafter referred to as the Escrow Agent), Kansas State Bank of Manhattan, a corporation duly organized and existing under the laws of the State of Kansas (Hereinafter referred to as the Lessor), and the City of Fresno, California, a political subdivision of the State of California (Hereinafter referred to as the Lessee): WITNESSETH THAT, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. Lessor and Lessee have entered into Equipment Lease‐Purchase Agreement Part Two dated as of September 26, 2014, (Hereinafter referred to as the Lease), a duplicate original of which has been furnished to the Escrow Agent, whereby Lessor has agreed to finance and sell certain personal property described therein (Hereinafter referred to as the Equipment) to Lessee, and Lessee has agreed to finance and purchase the Equipment from Lessor, in the manner and on the terms set forth in the Lease. 1.02. This Agreement is not intended to alter or change in any way the rights and obligations of Lessor and Lessee under the Lease, but is entirely supplemental thereto. 1.03. The terms capitalized in this Agreement but not defined herein shall have the meanings given to them in the Lease. 1.04. Under Section 2.02 of the Lease, Lessor is required to deposit or cause to be deposited with the Escrow Agent the principal amount listed in that section, which is required to be credited to the Equipment Acquisition Fund established in Section 2 hereof and used to pay the Equipment Cost of the items of Equipment, and, to the extent not needed for this purpose, is required to be repaid to Lessor. Unless otherwise agreed to by the parties, the principal amount remaining in the Equipment Acquisition Fund will be used to reduce the outstanding principal amount of the Lease. 1.05. Under the Lease, either Lessor or Lessee will cause each item of Equipment to be ordered by the Contractor therefor. The Equipment Cost to be paid to the Contractor supplying the item of Equipment shall be paid solely from the amount deposited with the Escrow Agent as described in Section 1.04 hereof, in accordance with this Agreement. 1.06. Subject to such control by Lessee as is provided for herein, Lessor and Lessee agree to employ the Escrow Agent to receive, hold, invest and disburse the money to be paid to the Escrow Agent by Lessor as described in Section 1.04, all as hereinafter provided; however, the Escrow Agent shall not be obligated to assume or perform any obligation of Lessee or Lessor or any Contractor with respect thereto or under the Lease by reason of anything contained in this Agreement. 1.07. Each of the parties has authority to enter into this Agreement, and has taken all actions necessary to authorize the execution of this Agreement by the officers whose signature are affixed hereto. Section 2. Equipment Acquisition Fund. 2.01. The Escrow Agent shall establish a special escrow fund designated as the “Equipment Acquisition Fund” (the Equipment Acquisition Fund), shall keep such Fund separate and apart from all other funds and moneys held by it, and shall administer such Fund as provided in this Section 3 hereof. 2.02. All moneys paid to the Escrow Agent by Lessor pursuant to Section 1.04 of this Agreement shall be credited to the Equipment Acquisition Fund. The Escrow Agent shall use the moneys in the Equipment Acquisition Fund to pay the Equipment Cost of each item of Equipment subject to the Lease, upon receipt with respect thereto of a Payment Request and Equipment Acceptance Form attached hereto as Exhibit B, executed by Lessee, fully completed and with all supporting documents described therein attached hereto. Upon receipt of a Payment Request and Equipment Acceptance Form with respect to any item of Equipment, an amount equal to the Equipment Cost as shown therein shall be paid directly to the person or entity entitled to payment as specified therein. The Payment Request and Equipment Acceptance Form must be signed by an authorized individual acting on behalf of Lessee. The authorized individual or individuals designated by the Lessee must sign the Signature Card which will be kept in the possession of the Escrow Agent. Each Payment Request and Equipment Acceptance Form will be checked against this Signature Card by the Escrow Agent. The Lessor may elect to independently verify the representations of the Lessee on the Payment Request and Equipment Acceptance Form. If the Lessor does not make such election then the Escrow Agent is allowed to rely on such signatures and such statements as provided for herein. 2.03. Lessee shall furnish to the Escrow Agent as soon as available, a copy of the order for all Equipment ordered pursuant to the Lease, showing the Equipment Cost and the estimated delivery date. If funds remain in the Equipment Acquisition Fund, excluding the principal amount referred to in Section 1.04 above and the accrued interest earned in the Equipment Acquisition Fund up to the amount equal to the sum of the draws listed in Section 2.05 below, after the full delivery and acceptance of the Equipment, then the Escrow Agent shall return the accrued interest to the Lessee either by check or by applying the amount to the next payment. 2.04. The Escrow Agent shall only be responsible for the safekeeping and investment of the moneys held in the Equipment Acquisition Fund, and the disbursement thereof in accordance with this Section, and shall not be responsible for the authenticity or accuracy of such certifications or documents, the application of amounts paid pursuant to such certifications by the persons or entities to which they are paid, or the sufficiency of the moneys credited to the Equipment Acquisition Fund to make the payments herein required. 2.05. If Lessor delivers to the Escrow Agent written notice of the occurrence of an Event of Default under the Lease or of a termination of the Lease due to a non‐appropriation event or non‐ renewal event under the Lease, then the Escrow Agent shall immediately remit to Lessor the remaining balance of the Equipment Acquisition Fund. Lessor and Lessee hereby agree that the Escrow Agent is authorized to release funds from the Equipment Acquisition Fund as described in this section only after such funds have remained in the Equipment Acquisition Fund for the time periods and in the amounts as follows: Immediately: $3,635,600.00 2.06. Prior to the disbursement of any funds from the Escrow Account, the Lessee must either (1) deposit all the down payment funds that the Lessee has committed towards the purchase of the Equipment into the Escrow Account or (2) Lessee must provide written verification to the satisfaction of both the Lessor and Escrow Agent that all the down payment funds Lessee has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request and Equipment Acceptance Form. For purposes of this Section, the down payment funds committed towards the Equipment from the Lessee are the down payment funds that were represented to the Lessor at the time this transaction was submitted for credit approval by the Lessee to the Lessor. Section 3. Moneys in Equipment Acquisition Fund: Investment. 3.01. The moneys and investments held by the Escrow Agent under this Agreement are irrevocably held in trust for the benefit of Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Agreement, and shall not be subject to levy or attachment of lien by or for the benefit of any creditor of either Lessee or Lessor. 3.02. Moneys held by Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent upon order of Lessee only in Qualified Investments, which Qualified Investments include any investment from time to time authorized by law for the investment of moneys. The Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Section. Such investments and reinvestments shall be made giving full consideration for the time at which funds are required to be available. No investment shall be made that would cause the Lease to be deemed an “arbitrage bond” within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended. 3.03. The Escrow Agent shall, without further direction from Lessee, sell such investments as and when required to make any payment from the Equipment Acquisition Fund. Any income received on such investments shall be credited to the Fund. 3.04. The Escrow Agent shall, upon written request, furnish to Lessee and Lessor, an accounting of all investments. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment moneys made by it in accordance with this Section. Section 4. Escrow Agent's Authority: Indemnification. 4.01. The Escrow Agent may act in reliance upon any writing or instrument including, without limitation, the Payment Request and Equipment Acceptance Form or signature which is, in good faith, believed to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. The Escrow Agent shall not be liable in any manner for the sufficiency for correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to those specifically provided herein. 4.02. Unless the Escrow Agent is guilty of willful misconduct with regard to its duties hereunder, Lessee and Lessor jointly and severally hereby agree to indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, to indemnify the Escrow Agent against any and all expenses, including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. The Escrow Agent shall be vested with a lien on all property deposited hereunder, for indemnification, for reasonable attorneys' fees, court costs, for any suit, interpleader or otherwise, or any other expense, fees or charges of any character or nature, which may be incurred by the Escrow Agent by reason of disputes arising between Lessee and Lessor as to the correct interpretation of the Lease or this Agreement and instruction given to the Escrow Agent hereunder, or otherwise, with the right of the Escrow Agent, regardless of the instructions aforesaid, to hold the said property until and unless said additional expenses, fees and charges shall be fully paid. 4.03. If Lessee and Lessor shall be in disagreement about the interpretation of the Lease or this Agreement, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be indemnified for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Agreement until a final judgment in such action is received. 4.04. The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes or facts or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. Section 5. Escrow Agent's Compensation. 5.01. Lessee hereby agrees to pay the Escrow Agent $200.00 as compensation for the services to be rendered hereunder, and will pay and/or reimburse the Escrow Agent upon request for all expenses, disbursements and advances, including reasonable attorneys' fees, incurred or made by it in connection with carrying out its duties hereunder. The first twenty disbursements made from the Equipment Acquisition Fund shall be made without cost to the Lessee. There will be a $25 fee assessed to the Lessee debited from the Equipment Acquisition Fund for each additional disbursement made thereafter. The Escrow Agent's fee shall be payable upon execution of this Agreement. Section 6. Change of Escrow Agent. 6.01. A national banking association located in the State of Kansas, or a state bank organized under the laws of the State of Kansas, qualified as a depository of public funds, may be substituted to act as Escrow Agent under this Agreement, upon agreement of the parties hereto. Such substitution shall not be deemed to affect the rights or obligations of the parties. Upon any such substitution, the Escrow Agent agrees to assign to such substitute Escrow Agent its rights under this Agreement. 6.02. The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation, which shall be a date not less than thirty (30) days after such notice is deposited in the United States mail with postage fully prepaid, unless an earlier resignation date and appointment of a successor Escrow Agent shall have been or are approved by Lessee and Lessor. 6.03. The Escrow Agent may appoint an agent to exercise any of the powers, rights or remedies granted to the Escrow Agent under this Agreement, and to hold title to property or to take any other action which may be desirable or necessary. Section 7. Administrative Provisions. 7.01. The Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Agreement, which shall be available for inspection by Lessee or Lessor, or the agent of either of them, at any time during regular business hours. 7.02. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at this address set forth in the attached Exhibit D or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received forty‐eight (48) hours after deposit in the United States mail in registered form, with postage fully prepaid. 7.03. This Agreement shall be construed and governed in accordance with the laws of the State of Kansas. 7.04. Any provision of this Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Agreement. 7.05. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The term “Lessor” as used herein means any person or entity to whom Lessor has assigned its right to receive Rent Payments under the Lease and any payments due to Lessor hereunder from and after the date when a duplicate original of such assignment is filed with the Escrow Agent. 7.06. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Lease. 7.07. This Agreement shall terminate upon disbursement by the Escrow Agent of all moneys held by it hereunder. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. Kansas State Bank of Manhattan, Escrow Agent Kansas State Bank of Manhattan Signature Signature Curtis A. Loub, Vice President – General Counsel Marsha Jarvis, Senior Vice President Printed Name and Title Printed Name and Title City of Fresno, California Signature Michael Lima, City Controller Printed Name and Title EXHIBIT A SIGNATURE CARD RE: Escrow Agreement dated as of September 26, 2014, between Kansas State Bank of Manhattan (Escrow Agent), Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making payments from the Equipment Acquisition Fund. By signing below, the undersigned represents and warrants that s/he has received all appropriate authority from City of Fresno, California. City of Fresno, California Signature Michael Lima, City Controller Printed Name and Title Signature of additional authorized individual (optional) of Lessee Signature Karen Bradley, Assistant City Controller Printed Name and Title EXHIBIT B PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM RE: Escrow Agreement dated as of September 26, 2014, between Kansas State Bank of Manhattan (Escrow Agent), Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) In accordance with Section 2.02, by executing this Payment Request and Equipment Acceptance Form the Lessee hereby represents that the Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Lessee and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. The Lessee hereby represents and warrants for all purposes that: 1. Pursuant to the invoice attached hereto, the amount to be disbursed is $ and this amount is consistent with the Lease between Lessee and Vendor. 2. Payment is to be made to: Payee: 3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is a request for a release of funds from the Equipment Acquisition Fund to pay for a portion, or all, of the Equipment: (1) Invoice from the Vendor, (2) copy of the Lease between Lessee and Vendor (if requested by the Lessor), (3) Insurance Certificate (if applicable), (4) front and back copy of the original MSO/Title listing Kansas State Bank and/or its assigns as the first lien holder (if applicable). By executing this Payment Request and Equipment Acceptance Form and attaching the documents as required above, the Lessee shall be deemed to have accepted this portion of the Equipment for all purposes under the Lease, including, without limitation, the obligation of Lessee to make the Rent Payments with respect thereto in a proportionate amount of the total Rent Payment. 4. No amount listed in this exhibit was included in any such exhibit previously submitted. 5. Each disbursement hereby requested has been incurred and is a proper charge against the Equipment Acquisition Fund. No amount hereby requested to be disbursed will be paid to Lessee as reimbursement for any expenditure paid by Lessee more than 60 days prior to the date of execution and delivery of the Lease. 6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Lessee’s specifications and accepted for all purposes. 7. That Lessee is or will be the title owner to the Equipment referenced in the attached, and that in the event that any third party makes a claim to such title that Lessee will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to such Equipment, or a portion thereof, and keep the Lease in full force and effect. Furthermore, Lessee has obtained insurance coverage as required under the Lease from an insurer qualified to do business in the State. 8. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rent Payments required to be paid under the Lease during the current Budget Year of Lessee, and such moneys will be applied in payment of all Rent Payments due and payable during such current Budget Year. 9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the governing body of Lessee to sign this Payment Request and Equipment Acceptance Form. Please forward this document and any correspondence relating to vendor payment to: kfulk@ksstatebank.com or Fax: (785) 587‐4016 Please call (877) 587‐4054 if you have any questions. City of Fresno, California Signature Karen Bradley, Assistant City Controller Printed Name and Title EXHIBIT C LESSEE ACKNOWLEDGEMENT RE: Escrow Agreement dated as of September 26, 2014, between Kansas State Bank of Manhattan (Escrow Agent), Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) Lessee hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above‐mentioned Lease. Please complete the below information, attach another page if necessary Vendor Name: Phone: Contact Person: Equipment: Amount of Equipment: Vendor Name: Phone: Contact Person: Equipment: Amount of Equipment: Vendor Name: Phone: Contact Person: Equipment: Amount of Equipment: Vendor Name: Phone: Contact Person: Equipment: Amount of Equipment: Vendor Name: Phone: Contact Person: Equipment: Amount of Equipment: Lessee will immediately notify Lessor if any of the information listed above is changed. EXHIBIT D RE: Escrow Agreement dated as of September 26, 2014, between Kansas State Bank of Manhattan (Escrow Agent), Kansas State Bank of Manhattan (Lessor) and City of Fresno, California (Lessee) Kansas State Bank of Manhattan, Escrow Agent 1010 Westloop, P.O. Box 69 Manhattan, Kansas 66505‐0069 Kansas State Bank of Manhattan, Lessor 1010 Westloop; P.O. Box 69 Manhattan, Kansas 66505‐0069 City of Fresno, California, Lessee 2600 Fresno Street Fresno, California 93721 INSURANCE REQUIREMENTS Pursuant to Article V of the Equipment Lease‐Purchase Agreement Part Two, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Certificate Holder: City of Fresno, California Kansas State Bank of Manhattan 2600 Fresno Street 1010 Westloop, P.O. Box 69 Fresno, California 93721 Manhattan, Kansas 66505‐0069 1. Equipment Description  Police Vehicles and Utility Maintenance Vehicles  Please include all applicable VIN’s, serial numbers, etc. 2. Physical Damage  All risk coverage to guarantee proceeds of at least $3,635,600.00. 3. Liability  Minimum Combined Single Limit of $1,000,000.00 on bodily injury and property damage. 4. Additional Insured and Loss Payee  Kansas State Bank and/or Its Assigns MUST be listed as additional insured and loss payee. 5. Rental Interruption / Abatement Insurance  As set forth in Section 5.01(c) of the Lease. Please forward certificate as soon as possible to: Fax: (785) 587‐4016 or Email: kfulk@ksstatebank.com Please complete the information below and return this form along with the Lease. City of Fresno, California Insurance Company: Agent’s Name: Telephone #: Fax #: Address: City, State Zip: Email: *PREFERRED* *As an additional payment option for Lessee, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Lessee is authorizing Lessor to withdraw said payment amount on said date. DEBIT AUTHORIZATION I hereby authorize Kansas State Bank Government Finance Department to initiate debit entries, and, if necessary, to reinitiate returned entries up to two additional times, to the account indicated below at the financial institution named below and to debit the same to such account for: Contract Number Payment Amount Frequency of Payments 3347200 $398,296.50 Semi‐Annual Beginning Day of Month (please choose one) Month Year 1st 5th 15th 20th I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S. law. Financial Institution Name Branch Address City State Zip Routing Number Account Number Type of Account Checking Savings This authority is to remain in full force and effect until Kansas State Bank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford Kansas State Bank a reasonable opportunity to act on it. Lessee Name on Contract City of Fresno, California Signature Printed Name and Title Tax ID Number Date 94‐6000338 PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a proper identification. 8038 REVIEW FORM The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax‐exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule. 1. Please review our responses for accuracy. If anything is inaccurate, please contact our office so that we can make proper revisions. 2. If the information provided to you on this form is accurate, please sign where indicated and return with the document package. 3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form, we will make such changes and provide notification to you. 4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury. Important Note: The IRS is now requesting information regarding tax‐exempt issuers’ and borrowers’ written policies and procedures designed to monitor post‐ issuance compliance with the federal tax rules applicable to tax‐exempt obligations (boxes 43 and 44). Do not check items 43 and 44 on the 8038 form unless you have established written procedures in accordance with the instructions referenced directly below. If you choose to “check” items 43 and/or 44, please be prepared to provide copies of such written procedures to the Paid Preparer or any representatives of the IRS upon request. Written procedures should contain certain key characteristics, including making provisions for: • Due diligence review at regular intervals; • Identifying the official or employee responsible for review; • Training of the responsible official/employee; • Retention of adequate records to substantiate compliance (e.g., records relating to expenditure of proceeds); • Procedures reasonably expected to timely identify noncompliance; and • Procedures ensuring that the issuer will take steps to timely correct noncompliance. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website: http://www.irs.gov/app/picklist/list/formsInstructions.html, or contact your local IRS office. Form 8038-G (Rev. September 2011) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) ► See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here ►  1 Issuer’s name 2 Issuer’s employer identification number (EIN) City of Fresno, California 94-6000338 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 2600 Fresno Street 3 6 City, town, or post office, state, and ZIP code 7 Date of issue Fresno, California 93721 09/26/2014 8 Name of issue 9 CUSIP number Equipment Lease-Purchase Agreement Part Two None 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 18 Other. Describe ► Police Vehicles and Utility Maintenance Vehicles 18 3,660,547 12 19 If obligations are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . . . . . . . ►  If obligations are BANs, check only box 19b . . . . . . . . . . . . . . . . . . . . . . . . .►  20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . . . . . . . . ►  Part III Description of Obligations. Complete for the entire issue for which this form is being filed. (a) Final maturity date (b) issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 21 09/26/2019 $ 3,660,547.12 $3,635,600.00 2.819 years 3.389 % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . . . . . . . . . . . . .23 3,660,547 12 24 Proceeds used for bond issuance costs (including underwriters’ discount) . . . . 24 24,947 12 25 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund . . . . . 26 27 Proceeds used to currently refund prior issues . . . . . . . . . . . . . . . 27 28 Proceeds used to advance refund prior issues . . . . . . . . . . . . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 24,947 12 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . . . . . . . .30 3,635,600 00 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . . . . . . . . . ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . . . . . . . . . ► years 33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) . . . . . . . . . . . . . .► 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) . . . . . . . . . . . . . . . . . For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2011) Form 8038-G (Rev. 9-2011) Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . . . . . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC ► c Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► and enter the following information: b Enter the date of the master pool obligation ► c Enter the EIN of the issuer of the master pool obligation ► d Enter the name of the issuer of the master pool obligation ► 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . . . . . . . . . ► 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . . . . . . . ► 41a If the issuer has identified a hedge, check here ►  and enter the following information: b Name of hedge provider ► c Type of hedge ► d Term of hedge ► 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . . . . . . . . . ► 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . . . . . . . . ► 45a If some portion of the proceeds was used to reimburse expenditures, check here ►  and enter the amount of reimbursement. . . . . . . . . . . ► b Enter the date the official intent was adopted ► Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.   Signature of issuer’s authorized representative Date Type or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer’s signature Date Check  if self-employed PTIN H. Evan Howe 09/26/2014 P01438994 Firm’s Name ► Baystone Financial LLC Firm’s EIN ► 48-1223987 Firm’s Address ► 5350 College Blvd., Overland Park, KS 66211 Phone no. (800) 752-3562 Form 8038-G (Rev. 9-2011)) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-388 Agenda Date:9/25/2014 Agenda #:A. CLOSED SESSION ITEM September 25, 2014 SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organizations: IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt) City of Fresno Professional Employees Association (CFPEA) City of Fresno Management Employees Association (CFMEA) Fresno Airport Public Safety Supervisors (FAPSS) CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd, Jeffrey Cardell, Ken Phillips Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney City of Fresno Printed on 12/16/2022Page 1 of 2 powered by Legistar™ File #:ID#14-388 Agenda Date:9/25/2014 Agenda #:A. Chief Information Officer Chief of Staff to the Mayor City Attorney City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Labor Relations Manager Labor Relations Secretary Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Redevelopment Administrator Retirement Administrator Risk/Safety Manager Senior Budget Analyst Senior Deputy City Attorney Senior Human Resources/Risk Analyst Supervising Deputy City Attorney Sponsors: Personnel Services Department 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#14-413 Agenda Date:9/25/2014 Agenda #:B. CLOSED SESSION ITEM September 25, 2014 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Case Name:Jesse Maldonado,et al.v.City of Fresno,et al.Fresno Superior Court Case No. 12CECG03742 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#14-417 Agenda Date:9/25/2014 Agenda #: REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department SUBJECT Approve a Resolution for the Substantial Amendment No. 2012-002, No. 2013-001, and No. 2014-002 to the Fiscal Years 2012, 2013, and 2014 Annual Action Plans to incorporate the planned use of the Emergency Solutions Grant funds (Continue to October 30, 2014) RECOMMENDATION Staff recommends that the City Council continue this item to October 30, 2014 for additional public review. 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#14-382 Agenda Date:9/25/2014 Agenda #: REPORT TO THE CITY COUNCIL September 25, 2014 FROM:KAREN M. BRADLEY, Assistant Controller Finance Department BY:PHILLIP HARDCASTLE, Principal Accountant-Debt Administration Finance Department SUBJECT TEFRA Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to hear and consider information concerning the proposed issuance of revenue bonds by the California Statewide Communities Development Authority to finance the acquisition and rehabilitation of a 150-unit multifamily low income residential rental project, commonly known as Kearney Cooley Plaza *RESOLUTION - Approving the issuance by the California Statewide Communities Development Authority of multifamily housing revenue bonds in the aggregate principal amount not to exceed $11 million for the Kearney Cooley Plaza project RECOMMENDATION Staff recommends that the Council first hold the public hearing and then upon conclusion adopt the accompanying resolution approving the issuance of multifamily low income housing revenue bonds (the “Bonds”)by the California Statewide Communities Development Authority (the “CSCDA”)on behalf of Fresno Kearney Cooley,LP,a California limited partnership (the “Applicant”)in the aggregate principal amount not to exceed $11 million. EXECUTIVE SUMMARY The Applicant is requesting that the City Council adopt a resolution for the issuance of multifamily low income housing revenue bonds in an amount not to exceed $11 million by the CSCDA for the purpose of financing the acquisition and rehabilitation of a 150-unit multifamily low income residential housing facility to be located in the City (the “Project”).The purpose of the resolution is to allow the financing to meet a requirement of the Internal Revenue Code of 1986.The adoption of this resolution is the first step in the process of financing the proposed Project.Prior to the issuance of bonds,the Project must receive a “private activity bond cap”allocation from the California Debt Limit Allocation Committee (“CDLAC”)and CSCDA must adopt a resolution approving the execution and City of Fresno Printed on 12/16/2022Page 1 of 3 powered by Legistar™ File #:ID#14-382 Agenda Date:9/25/2014 Agenda #: delivery of certain bond documents which reflect the terms of the bonds. The new tax exempt obligations will be issued by the CSCDA.Because the Project is located within the jurisdiction of the City,the City Council must hold a public hearing under the provisions of the Tax Equity and Financial Responsibility Act (“TEFRA”)within Section 147(f)of the Internal Revenue Code to receive any public testimony regarding the project before it considers authorizing the issuance of bonds for this purpose.Should the City authorize the issuance of bonds,the City of Fresno would have no obligation or liability associated with the financing of these projects. BACKGROUND The City has received a request by the Applicant to hold a public hearing regarding a proposed bond issuance for the purpose of financing the Project,which is located at 720 West Hawes Avenue, Fresno,California.The Project consists of 148 units restricted for occupancy by tenants whose income does not exceed 60%of the Area Median Income (the “AMI”),and two units designated as Management Units.The Project construction consists of 37 one-and two-story wood frame buildings,resides on approximately 11.39 acres and includes a community center,three laundry rooms,three tot lots and ample green space.Upon conclusion of the public hearing,the City is being requested to authorize the CSCDA to proceed with the issuance of the Bonds in an aggregate principal amount not to exceed $11,000,000. The CSCDA,a joint exercise of powers authority consisting of numerous California cities,counties and special districts,including the City of Fresno,is authorized to assist in the financing and refinancing of multifamily housing facilities.In order to initiate such a financing,the member participant of the CSCDA in which the proposed facilities will be located must (1)conduct a public hearing and (2)approve the CSCDA’s issuance of indebtedness.Although the CSCDA will be the issuer of the tax-exempt obligations for the Applicant,the financing cannot proceed without the City of Fresno’s approval. As the appropriate elected public body with jurisdiction over the Project,the City Council must hold a public hearing under the provisions of TEFRA to receive any public testimony regarding the Project before the Council considers authorizing the issuance of the Bonds for this purpose.The Bonds will be limited obligations of the Issuer,payable only from loan repayments to be made by the Applicant to the Issuers from certain funds and accounts established by or pursuant to the bond indenture(s) under which the Bonds will be issued. The Bonds will not constitute a debt or liability to the City. The purpose of this staff report is to facilitate the Applicant’s request for holding the hearing.The attached resolution,if approved by the Council,will provide authorization to the Issuers to issue tax- exempt obligations on behalf of the Applicant in an amount not to exceed $11 million. The first subject item calls for the Council to hold a TEFRA hearing.This Act requires the local legislative body of a proposed project to notice and conduct a public hearing.The Council will need to hold this hearing and call for any public testimony regarding the proposed project financing.As announced in the published notice,this hearing is simply an opportunity for all interested persons to speak or submit written comments concerning the proposal to issue the Bonds and the nature or location of the Project.There is no obligation on the part of the City Council to respond to any specific comments made or submitted,and no written testimony as of this date has been received.The second subject item would need to be adopted in order for the financing to proceed. City of Fresno Printed on 12/16/2022Page 2 of 3 powered by Legistar™ File #:ID#14-382 Agenda Date:9/25/2014 Agenda #: ENVIRONMENTAL FINDINGS This item is not a project of the City of Fresno and as such,for purposes of this hearing,the California Environmental Quality Act requirements are not applicable. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT The City has no obligation or liability associated with this financing.The City’s membership in the CSCDA bears with it no cost or other financing obligation,but serves as a public acknowledgement by the host jurisdiction of the project financing.As set forth in Section 9 of the Amended and Restated Joint Exercise of Powers Agreement of CSCDA (the “JPA Agreement”),the Bonds will not constitute an indebtedness or obligation of,and will not be secured by any form of taxation,nor involve a pledge of the good faith and credit of the City.The Bonds will be limited obligations of the Issuer payable only from loan repayments to be made to the Issuer from certain funds and accounts established by or pursuant to the bond indenture(s)under which the Bonds will be issued.The Issuer has no taxing power and the issuance of the Bonds will not obligate the State of California or any political subdivision of the State to levy or pledge any form of taxation for the Bonds or to make any appropriation for the payment of the Bonds. Attachment:Resolution City of Fresno Printed on 12/16/2022Page 3 of 3 powered by Legistar™ RESOLUTION NO. 2014- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE ISSUANCE THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MUL TIF AMIL Y HOUSING REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11 MILLION FOR THE KEARNEY COOLEY PLAZA AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Fresno (the "City"), to issue bonds for, among other things, the purpose of financing multifamily low income residential rental housing projects, and to pay costs of issuing bonds; and WHEREAS, Fresno Kearney Cooley, LP, a California limited partnership or related entities (the "Borrower"), has requested that the Authority adopt a plan of financing providing for the issuance of multifamily housing revenue bonds (the "Bonds") in one or more series issued from time to time, and at no time to exceed $11 million in outstanding aggregate principal amount, for the purpose of, among other things: (i) to finance the acquisition and rehabilitation of a 150-unit multifamily low income residential rental housing project, commonly known as "Kearney Cooley Plaza" (the "Project"), located at 720 West Hawes Avenue, Fresno, California and operated by Neighborhood Property Management, and (ii) fund a debt service reserve fund, if deemed necessary and advisable by the Authority, and (iii) pay certain costs of issuing the Bonds; and Date Adopted: Date Approved: Page 1 of 4 Effective Date: ~ City Attorney Approv ~ ..... Reso lu t ion No: 20 14-.... Page 2 of 4 Resolution No. 2014- WHEREAS, the Bonds or a portion thereof will be “private activity bonds” for purposes of the Internal Revenue Code of 1986 (the “Code”); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the “applicable elected representatives” of the governmental unit having jurisdiction over the area in which any facility financed or refinanced by the Bonds are located, after a public hearing held following reasonable public notice; and WHEREAS, the Council of the City of Fresno (the “Council”) is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that Council approve its issuance of the Bonds to satisfy the public approval requirement of Section 147(f) of the Code; and WHEREAS, there has been published, at least 14 days before the date hereof, in a newspaper of general circulation within the jurisdiction of the City, a notice that a public hearing regarding the Bonds would be held on the date hereof; and WHEREAS, Council conducted the public hearing on the date hereof, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds as required of qualified 501(c)(3) bonds by Section 147(f) of the Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, as follows: Section 1. Council hereby approves the issuance of the Bonds by the Authority relating to the Project (as described herein). It is the purpose and intent of this Council that this Page 3 of 4 Resolution No. 2014- resolution constitutes approval of the Bonds and the plan of finance providing for the issuance of the Bonds, for the purposes of Section 147(f) of the Code, with respect to the qualified 501(c)(3) bonds. Section 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 3. Neither the City nor its staff have reviewed or considered any project or the expected operation of Facilities contemplated by any project with regards to any State of California statutory requirements, and adoption of this resolution shall not obligate (i) the City to provide financing to the Borrower for the acquisition, construction, renovation and development of any facilities or to issue the Bonds for purposes of financing; or (ii) the City, or any department of the City, to approve any application or request for, or take any other action in connection with, any environmental, General Plan, zoning or any other permit or other action necessary for the acquisition, construction, development or operation of any facilities. Section 4. The Bonds will not constitute an indebtedness or obligation, or a pledge of the faith and credit, of the City. The Bonds will be limited and special obligations of the Authority. Section 5. The City Clerk is hereby directed to forward a certified copy of this Resolution to: Justin Cooper, Esq. Orrick, Herrington & Sutcliffe LLP The Orrick Building, 405 Howard Street San Francisco, CA 94105 Page 4 of 4 Resolution No. 2014- Section 6. This resolution shall take effect upon its final adoption. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2014 Mayor Approval/No Return: , 2014 Mayor Veto: , 2014 Council Override Vote: , 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Singh Badhesha, Deputy RSB:ns [62633ns/rsb]- 8/22/13 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-380 Agenda Date:9/25/2014 Agenda #: REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BY:SOPHIA PAGOULATOS, Supervising Planner WILL TACKETT, Supervising Planner Development Services Division SUBJECT Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Conditional Use Permit No. C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc, for property located on the northeast corner of North Fowler and East Clinton Avenues (Property located in Council District 4) 1.RESOLUTION - Denying the appeal and approving Conditional Use Permit No. C-13-092 2.RESOLUTION - Denying the appeal and approving Vesting Tentative Tract Map No. 6033/UGM RECOMMENDATIONS Staff recommends the City Council take the following action: 1.ADOPT the Mitigated Negative Declaration for the Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No. T-6033 prepared for Environmental Assessment No. A-11-003, R- 11-003, C-13-092, T6033 dated March 21, 2014. 2.ADOPT RESOLUTION denying appeal and approving Conditional Use Permit Application No.C- 13-092 and related Vesting Tentative Tract Map No.6033/UGM pertaining to approximately 31.87acres of property located on the northeast corner of North Fowler and East Clinton Avenues. EXECUTIVE SUMMARY City of Fresno Printed on 12/16/2022Page 1 of 6 powered by Legistar™ File #:ID#14-380 Agenda Date:9/25/2014 Agenda #: Jeffrey T.Roberts,on behalf of Granville Homes,Inc.,filed Conditional Use Permit Application No.C-13-092 and Vesting Tentative Tract Map No.6033/UGM pertaining to approximately 31.87acres of property located on the northeast corner of North Fowler and East Clinton Avenues.Vesting Tentative Tract Map No.6033/UGM proposes to subdivide the property into a 169-unit single family residential subdivision at a density of 5.3 dwelling units per acre.Conditional Use Permit No. C-13-092 proposes a development with public streets and modified property development standards for all of the proposed lots. This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards for lot size,lot coverage and yard (setback)requirements.Thirty-five lots were proposed with 7-foot garage setbacks,however the conditions of approval required 18-foot garage setbacks.The Fresno Municipal Code (FMC)requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.The Planning Commission approved staff’s recommendation,which required an 18-foot garage setback on all public streets for this project.The option was also provided to make the streets private,thus allowing garage setbacks of less than 18 feet,however this option was not chosen by the applicant. On June 19,2014,an appeal of the Commission’s decision regarding the subject applications was filed by Councilmember Caprioglio.In response to the appeal,the Planning Commission’s action is set aside and a City Council public hearing was scheduled and noticed in accordance with Sections 12-401-B and 12-401-C-2 of the FMC.Staff recommends denial of the appeal and approval of the project as approved by the Planning Commission.Staff also supports approval of garage setbacks less than 18 feet on private streets. BACKGROUND Fresno City Planning Commission Action This project was considered by the Fresno City Planning Commission at its regular meeting on April 16,2014.The conditions of approval at that time allowed for modified property development standards including 15-foot front and 15- foot and 10-foot rear yards (standard rear yard is 20 feet),3-foot interior side yards (standard is 5 feet),and 8-foot street side yards (standard is 10 feet).Thirty-five lots were proposed with 7-foot garage setbacks,however the conditions of approval required 18-foot garage setbacks. The FMC requires a minimum garage setback of 20 feet which can be reduced to 18 feet dependent upon the style of garage door.Staff recommends an 18-foot setback on all public streets for this project but is supportive of garage setbacks of less than 18 feet on private streets governed by a homeowners association.The homeowners association would be responsible for liability and enforcement on private streets. After a complete hearing on April 16,2014,the Commission recommended approval of the subject applications and the conditions of approval proposed by staff,including the requirement for a minimum 18-foot setback from garage to back of sidewalk on public streets. Analysis The reasons for requiring the 18-foot garage setbacks on public streets are the following: 1.Pedestrian Safety:the 18-foot garage setback (driveway)provides enough room for a vehicle to park in the driveway without blocking the sidewalk in violation of the California Building Code and Americans with Disabilities Act (ADA);vehicles parked on the sidewalk would force pedestrians to walk in the street.Moreover,driveways less than 18 feet in length do not provide adequate visibility to the driver backing out of the garage,thereby jeopardizing pedestrian safety. 2.Other Design Options Available:while it is acknowledged that the 35 lots in question are smaller lots with more design challenges,there are many other options available (as discussed at the City Council Workshop held on August 21,2014)to achieve the same densities and maintain an attractive,safe and pedestrian-friendly streetscape. For example: City of Fresno Printed on 12/16/2022Page 2 of 6 powered by Legistar™ File #:ID#14-380 Agenda Date:9/25/2014 Agenda #: a.Recessed garages (18 feet) with reduced front setbacks for remainder of façade; b.Alley loaded option with garages located in rear; c.Shared driveways/auto court concept, similar to cul-de-sac but with private drives; d.Cluster housing; e.Tandem-parked garages (designed to park two cars end-to-end rather than adjacent to one another). 3.Streetscape Design:the 7-8 foot garage setbacks proposed in T-6033/C-13-092 result in a streetscape that is dominated by garages.The garage is the widest element of the facade,and in half of the plans protrudes about 10 feet closer to the sidewalk than the living area of the dwelling. 4.Municipal Resources:the City does not have the resources to enforce the parking issues that would result from such a design, nor does it have the resources to assume the liability related to reduced pedestrian safety. The applicant has provided a conditional use permit exhibit (Exhibit D)which depicts eight typical lots showing lot dimensions,minimum yard setbacks and potential house placement.Of the eight typical lots,four show garages with an 18-foot setback to sidewalk,while the remaining show garages with a 7’-8’setback to sidewalk.The four typical lots with a proposed 7’-8’setback from garage to sidewalk are shown in Exhibit D,page 3.The rear yard setbacks of the potential house placement are currently at 25’,24’,20’and 14’.Should the applicant be required to provide an 18-foot setback from garage to sidewalk,it will necessitate moving the houses 10 feet to the rear,which will result in rear yard setbacks of 15’,14’,10’and 4’,respectively.Only the plan with that would result in the 4-foot rear yard setback would be non- compliant with the setbacks allowed through the conditional use permit;all of the other plans would comply.Alternatively, the homes could be re-designed to fit the lots. The proposed lot sizes are smaller than traditional lots,requiring a different perspective to traditional lot design.Neither the City Code nor the General Plan require small lots in this location. Streets and Access Points The Public Works Department,Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated April 10,2014.These requirements generally include:(1)The provision of a minimum two points of vehicular access to major streets for any phase of the development;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement, underground street lighting systems;and,(3)Payment of applicable impact fees,including,but not limited to,the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee. Notice of City Council Meeting The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 500 feet of the subject property. Land Use Plan and Policies The subject site is designated for medium density residential planned land uses by the 2025 Fresno General Plan and the McLane Community Plan. The objectives and policies of the 2025 Fresno General Plan encourage the development of master planned communities in an attempt to maximize the efficient use of the land. Policy C-8-g states: Support the planning and development of master planned/mixed use communities such as the Dominion Project. Additionally, Objective C-10 states: Promote the development of more compact pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No.C-13-092 proposes the development of a 169-lot single family residential planned City of Fresno Printed on 12/16/2022Page 3 of 6 powered by Legistar™ File #:ID#14-380 Agenda Date:9/25/2014 Agenda #: Conditional Use Permit Application No.C-13-092 proposes the development of a 169-lot single family residential planned development.The planned development will provide modified property development standards.Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated April 16, 2014, staff concludes that the following required findings of Section 12-405-A-2 of the FMC can be made. 1.All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use,and accommodate all yards,spaces,walls and fences,parking,loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No.C-13-092 will comply with all applicable codes,including,landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2.The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, The Public Works,Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3.The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located.The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The site is vacant and with the adoption of the 2025 Fresno General Plan,the city analyzed the impacts of converting vacant land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing,growth,employment opportunities,etc.The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§66400,et seq.)requires that a proposed subdivision not be approved unless the map,together with its design and improvements,is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 -5 below is made in the negative.In addition,State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1.The proposed subdivision map,together with its design and improvements,is consistent with the City's 2025 General Plan and the McLane Community Plan,because the plans designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 2.This site is physically suitable for the proposed type and density of development,because conditions of approval will ensure adequate access and drainage on and off the site;and,that development shall occur in accordance with adopted standards,goals,objectives,and policies for development in the City of Fresno. 3.The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment,including fish,wildlife or their habitat, because the area is not known to contain any unique or endangered species and the City of Fresno Printed on 12/16/2022Page 4 of 6 powered by Legistar™ File #:ID#14-380 Agenda Date:9/25/2014 Agenda #: because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4.The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5.The proposed subdivision design will not conflict with public easements within or through the site,because conditions of approval will assure noninterference with any existing or proposed public easements. 6.The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision,because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map,based on the required findings for approval and subject to the recommended conditions of approval,and the standards and policies of the 2025 Fresno General Plan and McLane Community Plan,complies with applicable zoning and subdivision requirements.Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines (see Exhibit G).This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the McLane Community Plan area,including the Master Environmental Impact Report (MEIR)No.10130 for the 2025 Fresno General Plan (SCH#2001071097)and Mitigated Negative Declaration (MND)No.A-09-02 (SCH#2009051016).These environmental and technical studies have examined projected sewage generation rates of planned urban uses,the capacity of existing sanitary sewer collection and treatment facilities,and optimum alternatives for increasing capacities;groundwater aquifer resource conditions;water supply production and distribution system capacities;traffic carrying capacity of the planned major street system;and student generation projections and school facility site location identification. The proposed amendment of the adopted 2025 Fresno General Plan has been determined to not be fully within the scope of MEIR No.10130 as provided by the CEQA,as codified in the Public Resources Code (PRC)Section 21157.1(d)and the CEQA Guidelines Section 15177(c).It has been further determined that all applicable mitigation measures of MEIR No.10130 and MND No.A-09-02 have been applied to the project,together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts,growth inducing impacts and irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02 as provided by CEQA Section 15178(a).In addition,pursuant to Public Resources Code,Section 21157.6(b)(1),staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information,which was notCity of Fresno Printed on 12/16/2022Page 5 of 6 powered by Legistar™ File #:ID#14-380 Agenda Date:9/25/2014 Agenda #: circumstances under which the MEIR was certified and that no new information,which was not known and could not have been known at the time that the MEIR was certified as complete,has become available.Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft mitigated negative declaration for this project.A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-11-003/R-11-003/C-13-092/T-6033/UGM was published on March 21, 2014. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is,in turn, funding the respective operations of the Development and Resource Management Department. Attachments:Exhibit A:Vicinity Map Exhibit B:Aerial Photograph Exhibit C:Vesting Tentative Tract Map No. T-6033/UGM Exhibit D:Exhibits for C-13-092 Exhibit E:Conditions of Approval for C-13-092 Exhibit F:Conditions of Approval for T-6033 Exhibit G Environmental Assessment Exhibit H:Planning Commission Resolutions Exhibit I:City Council Resolutions City of Fresno Printed on 12/16/2022Page 6 of 6 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-358 Agenda Date:9/25/2014 Agenda #: REPORT TO THE CITY COUNCIL September 25, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department BY:KARANA HATTERSLEY-DRAYTON, M.A., Historic Preservation Project Manager Development and Resource Management Department SUBJECT HEARING to consider adoption of Resolutions related to the designation of properties to the Local Register of Historic Resources (Council District 5) 1.*RESOLUTION -Designating the Ralph and Jenny Watson Home located at 3537 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 2.*RESOLUTION -Designating the C.M. and Gertrude Prescott Home located at 3707 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 3.*RESOLUTION -Designating the Fred J. and Mary Dow Home located at 3369 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 4.*RESOLUTION -Designating the Clarence and Bessie Bernhauer Home located at 3428 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 5.*RESOLUTION -Designating the F. Rex and Vera Sporleder Home located at 3702 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 6.*RESOLUTION -Designating the Fred and Virginia Billings Home located at 3650 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources 7.*RESOLUTION -Designating the Eugene and Elsie Brinker Home located at 3965 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources RECOMMENDATION The Historic Preservation Commission recommends that the City Council adopt the attached City of Fresno Printed on 12/16/2022Page 1 of 6 powered by Legistar™ File #:ID#14-358 Agenda Date:9/25/2014 Agenda #: The Historic Preservation Commission recommends that the City Council adopt the attached Resolutions designating the C.M.and Gertrude Prescott Home located at 3707 E.Huntington Boulevard;the Fred J.and Mary Dow Home located at 3369 E.Huntington Boulevard;the Ralph and Jenny Watson Home located at 3537 E.Huntington Boulevard;the Clarence and Bessie Bernhauer Home located at 3428 E.Huntington Boulevard;the F.Rex and Vera Sporleder Home located at 3702 E.Huntington Boulevard;the Fred and Virginia Billings Home located at 3650 E.Huntington Boulevard;and the Eugene and Elsie Brinker Home located at 3965 E.Huntington Boulevard to the Local Register of Historic Resources pursuant to FMC 12-1607 and 12-1609. EXECUTIVE SUMMARY The property owners for the seven Huntington Boulevard homes (listed above)have all requested in writing that their buildings be considered for designation to Fresno’s Local Register of Historic Resources.All of these properties were evaluated with respect to the historic resource criteria of the City’s Historic Preservation Ordinance,Fresno Municipal Code (FMC)Article 16 of Chapter 12 and were publicly noticed in the Fresno Bee as required by the Ordinance.The City of Fresno’s Historic Preservation Commission held noticed public hearings on July 28,2014 and August 25,2014 and concluded that the properties were all eligible for listing on the Local Register.The Commission hereby forwards these nominations to the City Council for consideration. BACKGROUND In 2009 property owners along Huntington Boulevard applied to be a historic district pursuant to FMC 12-1610.Progress on the overall district is nearing completion.However,in the interim,staff has encouraged property owners for homes which appear to merit individual listing to apply for Local Register status,while the overall documentation for the District continues.At the July 28,2014 meeting four properties were reviewed by the Historic Preservation Commission and found eligible for designation.At the August 25,2014 meeting,three additional properties were reviewed and also found eligible for individual listing on the City’s Local Register of Historic Resources.As required by the City’s Historic Preservation Ordinance, the properties were publicly noticed in the Fresno Bee. The seven individual properties are as follows: The Ralph and Jenny Watson Home was constructed in 1922 on Block 17 of the Alta Vista Tract, adjacent to the home constructed in 1912 for Jenny Watson’s father,Albert Wishon.The tract was platted in 1911 as a streetcar suburb on either side of the Sunnyside and Recreation Line which had been extended circa 1907 by Albert Graves Wishon,to carry Fresno residents out to his Recreation Park.The two-story home is an excellent example of the Tudor Revival,a style loosely based on a variety of Medieval English prototypes and which was popular in Fresno between the two World Wars.The home appears to be eligible for individual listing on the Local Register as an early building in the Alta Vista Tract (Criterion i),for its association with a family of importance,the Wishons (Criterion ii),and for architectural significance (Criterion iii).Additionally,it is a contributor to the proposed Huntington Boulevard Historic District. The C.M.and Gertrude Prescott Home is a stunning example of the Tudor Revival style.It was constructed in 1921 for C.M.“Ned”Prescott and family who came to Fresno from Iowa.Ned Prescott and his uncle C.S.Pierce established the Prescott Lumber Company and thereafter Valley Lumber and were active in the early logging of the Hume district.Prescott ran unsuccessfully for Mayor andCity of Fresno Printed on 12/16/2022Page 2 of 6 powered by Legistar™ File #:ID#14-358 Agenda Date:9/25/2014 Agenda #: and were active in the early logging of the Hume district.Prescott ran unsuccessfully for Mayor and he and his wife were important in civic and community affairs.Character defining features of the home include the decorative strapwork (non-structural half-timbering)particularly on the westernmost cantilevered second story bay.The Prescott Home (and garage)appear to be eligible for Fresno’s Local Register of Historic Resources as an early home in the Alta Vista Tract and a contributor to the proposed historic district (Criterion i);for its association with a pioneer lumber family,the Prescotts (Criterion ii), and for architectural excellence (Criterion iii). The Fred J.and Mary Dow Home was constructed in 1929 in a Tudor Revival style.The one-story cottage has unique detailing including a scalloped edge bargeboard and Art deco stained glass windows on the exterior and interior.Fred J.Dow was a Fresno pioneer who came to the area in 1885 with his family.Following 20 years with the fruit packing company of Griffin-Skelley he followed other business pursuits and in 1912 established a contracting and building firm,Dow and Cannon. By the time this home was constructed he had considerable experience in “all classes of construction and practical planning,”according to an article in the San Joaquin Power Magazine which featured the updated electrical amenities of the residence.The Fred J.and Mary Dow Home appears to be eligible to the Local Register of Historic Resources for its architectural significance (Criterion iii)and is also a contributor to the proposed Huntington Boulevard Historic District (Criterion i). The Clarence and Bessie Berhauer Home is a full two-story Italian Renaissance style residence which sits on a .5 acre parcel.The façade portico which is supported by Ionic style columns is a particularly striking character-defining feature of the home.The house was built in 1920 and as with other properties along the boulevard previously included private tennis courts.Clarence Bernhauer was the Vice President of the Fresno Planing Mill,one of the most prosperous businesses of its kind in the San Joaquin Valley.The property appears to be eligible for Fresno’s Local Register of Historic Resources for its association with the Bernhauer family (Criterion ii);as an excellent example of an architectural style,The Italian Renaissance Revival (Criterion iii);and as an early property and contributor to the proposed Huntington Boulevard Historic District (Criterion i). The F.Rex and Vera Sporleder Home was constructed in 1926.Rex Sporleder was the owner of the Hollenbeck-Bush Planing Mill which was founded in Fresno in 1890.This distinct home shows stylistic influences from both the Spanish Eclectic as well as the Italian Renaissance Revival. Character-defining features include double French doors which open onto a wrought iron balconet off the master bedroom as well as a hexagonal breakfast nook on the northwest corner of the home. The wrought iron includes a decorative “S”for the original homeowners.The home was constructed by a major contracting firm,Fisher and McNulty,who built numerous homes and commercial buildings of note,including the Pantages Theatre and Twining Laboratories (National Register of Historic Places).The F.Rex and Vera Sporleder Home appears to be eligible to the Local Register of Historic Resources for its association with the owner of the Hollenbeck-Bush Planing Mill (Criterion ii);for its association with an outstanding contracting firm and its architectural character (Criterion iii); and as a contributor to the proposed Huntington Boulevard Historic District (Criterion i). The Fred and Virginia Billings Home was constructed in 1938 and designed by architect Charles E. Butner.The façade of the residence is rigorously symmetrical,including matching end chimneys.A character defining feature of the home is the portico entrance which is supported by slender Corinthian style columns.Fred Billings with business partner Rhine Meyering acquired the Alta Vista Tract in 1914 and they completed the infrastructure and marketed the subdivision.Billings was also important in civic affairs and among his many credits served as the first chair of the County Planning Commission.Architect Charles E.Butner was trained under the well-known Beaux Arts designer,City of Fresno Printed on 12/16/2022Page 3 of 6 powered by Legistar™ File #:ID#14-358 Agenda Date:9/25/2014 Agenda #: Commission.Architect Charles E.Butner was trained under the well-known Beaux Arts designer, Paul Cret,and with his former classmate,Edward Glass,formed the architectural firm of Glass and Butner in 1914.The two men were responsible for several notable Fresno buildings including the Fresno Republican Printery Building (now the Downtown Club).The Fred and Virginia Billings Home appears eligible to the Local Register of Historic Resources (Criteria i, ii and iii). The Eugene and Elsie Brinker Home is a charming Tudor Revival cottage and was constructed in 1930.The first owners and residents were William Eugene and Elsie Brinker.Eugene Brinker was born in Toledo,Ohio and was a co-owner with his mother of the French Furniture Company on Fresno Street.Brinker and his mother also financed the construction of at least two “bungalow courts”in the Tower District.This Huntington Boulevard residence has been attributed to the design- build firm of Taylor-Wheeler,however no proof to date has been found to substantiate this association.Nevertheless,the home with its hexagonal bay window and decorative strapwork is a distinct and interesting expression of the Tudor Revival aesthetic and appears eligible for the Local Register (Criterion iii).It is also a contributor to the proposed Huntington Boulevard Historic District (Criterion i). Local Register Criteria and Protocols: The City’s Historic Preservation Ordinance is located at Chapter 12,Article 16,Section 1607 outlines the criteria for designation of a resource to the Local Register of Historic Resources.A “historic resource”is “any building,structure,object or site”which is generally more than fifty years of age and “possesses integrity of location,design,setting,materials,workmanship,feeling and association, and: (i)Is associated with events that have made a significant contribution to the broad patterns of our history; or (ii)Is associated with the lives of persons significant in our past; or (iii)Embodies the distinctive characteristics of a type,period or method of construction,or represents the work of a master, or possesses high artistic values; or (iv)Has yielded or may be likely to yield, information in prehistory or history. The City’s criteria for assessing significance are patterned after the National Register of Historic Places (1966 as amended)which uses letters A-D for significance.Fresno’s Local Register is also similar,although not equivalent,to the California Register of Historical Resources which uses a numbering system of 1-4 for criteria.Although the concept of “integrity”is not specifically defined in the City’s Ordinance,it is implicitly understood to follow the National Register which defines “integrity” as “the ability of a property to convey its significance.”“To retain integrity a property will always possess several and usually most,of the aspects”of integrity.(“How to Apply the National Register Criteria for Evaluation” 1988:44). The process for designating a historic resource is outlined in FMC 12-1609.In brief,a request to designate a resource to the Local Register may be made by the Council,the Commission,the Secretary to the Commission,the property owner,or an authorized representative of the owner (12- 1609(a).)Applications for listing use the state protocol for survey forms with both a DPR 523A (Primary)as well as a DPR 523B (Building,Structure,Object Form)(12-1609(a)(1-9)).A notice must be published in a local newspaper at least 10 days prior to the hearing and sent to the property owner as well.Commissioners must also physically visit the property prior to the Commission hearing (12-1609(c)(1)). City of Fresno Printed on 12/16/2022Page 4 of 6 powered by Legistar™ File #:ID#14-358 Agenda Date:9/25/2014 Agenda #: ENVIRONMENTAL FINDINGS The designation of historic properties is not a “project”for the purposes of the California Environmental Quality Act (CEQA),as it will not result in a direct or indirect change in the environment. LOCAL PREFERENCE Local preference was not considered because this does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no additional fiscal impact beyond the expenditure of staff time. Attachments: 1. Designation Criteria for the Local Register of Historic Resources (FMC 12-1607) 2. State of California Primary and BSO Forms for the Ralph and Jenny Watson Home, 3537 E. Huntington Boulevard, Fresno. 3. A Resolution of the City Council of the City of Fresno, California, Designating the Ralph and Jenny Watson Home Located at 3537 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. 4. State of California Primary and BSO Forms for the C.M. and Gertrude Prescott Home, 3707 E. Huntington Boulevard, Fresno. 5. A Resolution of the City Council of the City of Fresno, California, Designating the C.M. and Gertrude Prescott Home Located at 3707 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. 6. State of California Primary and BSO Forms for the Fred J. and Mary Dow Home, 3369 E. Huntington Boulevard, Fresno. 7. A Resolution of the City Council of the City of Fresno, California, Designating the Fred J. and Mary Dow Home Located at 3369 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. 8. State of California Primary and BSO Forms for the Clarence and Bessie Bernhauer Home, 3428 E. Huntington Boulevard, Fresno. 9. A Resolution of the City Council of the City of Fresno, California, Designating the Clarence and Bessie Bernhauer Home Located at 3428 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. 10. State of California Primary and BSO Forms for the F. Rex and Vera Sporleder Home, 3702 E. Huntington Boulevard, Fresno. 11. A Resolution of the City Council of the City of Fresno, California, Designating the F. Rex and Vera Sporleder Home Located at 3702 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. 12. State of California Primary and BSO Forms for the Fred and Virginia Billings Home, 3650 E. Huntington Boulevard, Fresno. 13. A Resolution of the City Council of the City of Fresno, California, Designating the Fred and City of Fresno Printed on 12/16/2022Page 5 of 6 powered by Legistar™ File #:ID#14-358 Agenda Date:9/25/2014 Agenda #: Virginia Billings Home Located at 3650 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. 14. State of California Primary and BSO Forms for the Eugene and Elsie Brinker Home, 3965 E. Huntington Boulevard, Fresno. 15. A Resolution of the City Council of the City of Fresno, California, Designating the Eugene and Elsie Brinker Home Located at 3965 E. Huntington Boulevard, Fresno, California to the Local Register of Historic Resources. City of Fresno Printed on 12/16/2022Page 6 of 6 powered by Legistar™ R f CEIV ED ¿ù11 SiP 23 nn 11 ûLl RESOLUTION NO. _^,, -^-AßFSOLUTTON OF THE CITY COUNCTL OF THE C|TYclTY 0LERH' t RLUF tiftesno, cALrFoRNrA, DESTcNATTNG THE FRED AND VIRGIN¡A BILLINGS HOME LOCATED AT 3650 E. HUNTINGTON BOULEVARD, FRESNO, CALIFORNIA TO THE LOCAL REGISTER OF HISTORIC RESOURCES WHEREAS, the residence located at 3650 E. Huntington Boulevard ì¡vas constructed in 1938 in the Alta Vista Tract; WHEREAS, the Alta Vista Tract was developed in 1911 as a streetcar suburb by Albert Graves Wishon following the extension circa 1907 of the Sunnyside and Recreation Line; WHEREAS, the home was constructed for Fred and Virginia Billings; WHEREAS, Fred Billings came to Fresno in 1910 and went into the real estate business with Rhine Meyering (aka Billings and Meyering) who in 1914 acquired and developed the Alta Vista Tract; WHEREAS, Fred Billings served as the first Chair of the County Planning Commission, the Director of the Fresno County Ghamber of Commerce and additionally was the Director of the Sanger Citrus Association; WHEREAS, the home was designed by Charles E. Butner, a major architect who studied under Paul Cret at the University of Pennsylvania and with business partner Edward Glass designed severalmajor Fresno buildings; WHEREAS, the 2-story Colonial Revival style home is an excellent example of the work of a major architect, Gharles E. Butner; Date Adopted: Date Approved: Effective Date: City Attomey Approval: 1oî4 Resolution No. WHEREAS, the Billings Home is an important contributor to the history of the neighborhood and to the proposed Huntington Boulevard Historic District; WHEREAS, the property owners, Janet and Stephen Stone, support the designation of the building to Fresno's Local Official Register of Historic Resources; WHEREAS, the City of Fresno Historic Preservation Commission, at a duly noticed public hearing held on July 28, 2014, heard testimony on the subject property; WHEREAS, based on that testimony, and the presentation of facts relating to the criteria for official designation, as set forth in the Fresno Municipal Code, Chapter 12, Article 16, made the following findings; That the Fred and Virginia Billings Home meets the criteria set out in Article 16, Chapter 12, Section 12-1607 (a) of the Fresno Municipal Code; and is eligible for listing on Fresno's Local Register of Historic Resources; and be recommended to the Fresno City Council for adoption as a Local Resource; and whereas in accordance with Fresno Municipal Code, Article 16 Section 12-1601 et seq. this hearing has been duly noticed for Council action upon the designation recommended by the Commission; and WHEREAS, on August25,2014, Council held a hearing where it considered the recommendation of the Historic Preservation Commission, and considered substantial evidence, including but not limited to, staff presentation, a report prepared by staff addressing the property's eligibility to the Local Register, a Primary Record ('PR") and a Building, Structure and Object Record ('BSOR') prepared by the City's Historic Preservation Specialist (as defined in FMC S 12-1604(b)) finding that the propefty met the Historic Resource eligibility requirements for criteria i, ii and iii to subdivision 12- 1607(aX1). 2of4 NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as follows: 1. Council finds that the above recitals are true and correct, 2. Council finds that the Fred and Virginia Billings Home is eligible for listing under criteria i, ii and iii of Fresno Municipal Code, subdivision 12-1607(a)(1) based upon the evidence presented to Council in the staff presentation, staff report, the PR and the BSOR. 3. Council designates the Fred and Virginia Billings Home a Historic Resource to the Local Register of Historic Resources. ******************* 3 o14 STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO ss. l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of ,2014. AYES NOES ABSENT ABSTAIN Mayor Approval: Mayor Approval/No Return : 2014 2014 2014 2014 Mayor Veto: Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: WONNE SPENCE, CMC City Clerk BY: Deputy MaryRaterman-Doidge Date Deputy City Attorney 4of4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-377 Agenda Date:9/25/2014 Agenda #: REPORT TO THE CITY COUNCIL September 25, 2014 FROM:SCOTT L. MOZIER, PE, City Engineer/Director Public Works Department, Engineering Division JENNIFER CLARK, AICP, Director Development and Resource Management Division THROUGH:MIKE SANCHEZ, Assistant Director Development Services Division BY:LAUREN FILICE, Planner III Development Services Division SUBJECT HEARING to consider of Official Plan Line Modification and related Environmental Assessment No. EA-14-018, for W. McKinley Avenue from N. Blythe to N. Marks Avenues 1.Consider the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR)No.10130 and Mitigated Negative Declaration (MND)No.A-09-02,which was prepared for Environmental Assessment (EA) No. EA-14-018. 2.BILL -(For introduction and adoption)-Approving the map entitled Official Plan Line for W. McKinley Avenue from N.Blythe Avenue to 265 feet east of N.Marks Avenue,being a precise section of the Major Street and Highway Plan of the City of Fresno. RECOMMENDATION Staff recommends that the City Council take the following action: 3.ADOPT a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR)No.10130 and Mitigated Negative Declaration (MND)No.A-09-02,which was prepared for Environmental Assessment (EA) No. EA-14-018. 4.ADOPT BILL approving the map entitled Official Plan Line for West McKinley Avenue from North Blythe Avenue to 265 feet east of North Marks Avenue,being a precise section of the Major City of Fresno Printed on 12/16/2022Page 1 of 6 powered by Legistar™ File #:ID#14-377 Agenda Date:9/25/2014 Agenda #: Street and Highway Plan of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno Public Works Department,Traffic and Engineering Services Division,has filed Official Plan Line (OPL)modification and EA Application No.EA-14-018 for the West McKinley Avenue alignment from North Blythe Avenue to approximately 265 feet east of North Marks Avenue. The subject planned major street alignment segment is located within the boundaries of the 2025 Fresno General Plan Sphere of Influence.The 2025 Fresno General Plan designates this segment of West McKinley Avenue as an Arterial Street,and the proposed OPL modification is solely for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan.No improvements are proposed at this time.The street will be improved incrementally as adjacent properties develop.The OPL is being proposed to establish a narrower cross-section for the West McKinley Avenue right-of-way to accommodate existing development of the adjacent surrounding properties. The proposed OPL facilitates implementation of the designated street classification system in accordance with adopted engineering design standards and the 2025 Fresno General Plan Land Use and Circulation Map and Transportation (Streets and Highways) Element map. BACKGROUND The City of Fresno Public Works Department,Traffic and Engineering Services Division,has filed EA Application No.EA-14-018 for an OPL modification for the West McKinley Avenue alignment from North Blythe Avenue to approximately 265 feet east of North Marks Avenue.The proposed OPL modification is solely for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan.No improvements are proposed at this time.The street will be improved incrementally as adjacent properties develop.The OPL modification is being proposed to establish a narrower cross-section for the West McKinley Avenue right-of-way to accommodate existing development of the adjacent surrounding properties. The current McKinley alignment is a developed two-lane road with a single traffic lane in each direction,having no center turn lanes,bike lanes or sidewalks.Adjacent properties range between 0.18 to 20 acres,some developed with rural residential uses,while others are undeveloped land. The adjacent area is currently within the County of Fresno and the sphere of influence of the City of Fresno as identified in the 2025 General Plan.Along the West McKinley alignment,planned uses to the north are predominantly rural and residential on properties within both City and County jurisdictions,a mix that contains City properties of low to medium residential density and County areas at low density,with a school located to the east of Brawley Avenue.On the south side of the McKinley alignment,traversing easterly from North Blythe Avenue to North Brawley Avenue lie City properties having medium-low residential planned uses,easterly to North Feland are County rural residential uses which transition to City medium-low residential uses,and finally medium high residential uses at North Marks. General Plan and West Area Community Plan Consistency The proposed alignment is consistent with the City of Fresno’s 2025 General Plan and the West Area Community Plan which designate this segment of West McKinley Avenue as an arterial.An arterial isCity of Fresno Printed on 12/16/2022Page 2 of 6 powered by Legistar™ File #:ID#14-377 Agenda Date:9/25/2014 Agenda #: Community Plan which designate this segment of West McKinley Avenue as an arterial.An arterial is defined as a four-to six-lane divided roadway primarily to move traffic from community plan areas, expressways,and freeways,with limited direct access to abutting property.In addition to major street intersections,appropriately designed and spaced local street intersections may allow left-turn movements to and from arterials.The 2025 Fresno General Plan indicates that this segment of West McKinley Avenue is planned to accommodate four travel lanes (two directions)and will be a divided roadway with left-turn pockets.Modified arterial standards to reduce the current standard right-of- way widths are being proposed from North Brawley Avenue to North Marks Avenue to reduce impacts to the existing residential properties.The approved geometrics reduce the street right-of-way widths to 98 feet between North Brawley Avenue and North Valentine Avenue and are designed to accommodate two lanes of travel each direction,a continuous left turn lane in the center,and parking and bike lanes on both sides of the streets.Street right-of-way widths were further reduced to 94 feet between North Feland Avenue and North Marks Avenue and will accommodate two lanes of travel in each direction,a continuous left turn lane in the center,and bike lanes on both sides of the street. Therefore,the street classification will remain as an arterial,the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. The objectives and policies of the 2025 Fresno General Plan also stipulate that the City of Fresno shall coordinate construction of facilities (particularly with respect to irrigation improvements)and the provision of recreation facilities and services (such as multi-purpose trails)with other public and private agencies (such as the Fresno Irrigation District),in order to seek the greatest public benefit at the least public cost.While no roadway construction is proposed at this time,the City regularly coordinates construction with other related public agencies on infrastructure improvements and will do so when improvements are constructed. The surrounding area is planned and in some cases developed with residential,rural residential and some commercial land uses,with some parcels being vacant.The proposed project will allow the subject segment of West McKinley Avenue to conform with the planned major street designation of an arterial as designated in the West Area Community Plan and the 2025 Fresno General Plan,with a narrower cross-section to reduce impact to adjacent developed properties. Circulation Element Plan Policies and Major Street System Traffic Capacity The proposal is a modification of the West McKinley OPL and related environmental determination to re-align the section of the West McKinley Avenue OPL located between North Blythe Avenue to approximately 265 feet east of North Marks Avenue.A traffic study for the proposed realignment was not required,as there are no major changes to the alignment or road classification as an arterial. The proposed OPL modification is solely for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan.No improvements are proposed at this time.The OPL modification is being proposed to establish a guideline for the West McKinley Avenue right-of-way to allow for future development of the adjacent surrounding properties.The proposed alignment is consistent with the City of Fresno’s 2025 General Plan and the West Area Community Plan as a designated 4-lane arterial street.The street classification will remain as an arterial,the number of lanes will remain the same,and the alignment will not be moved from that which is currently developed.Modified arterial standards to reduce the current standard right-of-way widths are being proposed from North Brawley Avenue to North Marks Avenue to reduce impacts to the existing residential properties.The approved geometrics reduce the street right-of-way widths to 98 feet between North Brawley Avenue and North Valentine Avenue and are designed to accommodate two lanes of travel each direction,a continuous left turn lane in the center,and parking and bike lanes onCity of Fresno Printed on 12/16/2022Page 3 of 6 powered by Legistar™ File #:ID#14-377 Agenda Date:9/25/2014 Agenda #: lanes of travel each direction,a continuous left turn lane in the center,and parking and bike lanes on both sides of the streets.Street right-of-way widths were further reduced to 94 feet between North Feland Avenue and North Marks Avenue and will accommodate two lanes of travel in each direction, a continuous left turn lane in the center, and bike lanes on both sides of the street. Therefore it is staff’s opinion that the proposed project is consistent with the 2025 Fresno General Plan objectives and policies. The OPL modification is 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.The proposed street 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. Bordering Property Information Planned Land Use Existing Zoning Existing Land Use North County Rural Residential County R-R (Rural Residential)Residential Multi-Family Vacant Residential Vacant South Arterial (North Marks Avenue)N/A Arterial (North Marks Avenue) East City - County - Rural Residential AE-5 (5 acre Agricultural Exclusive)R-2 (Low Density Multi-Family Residential) County R-R (Rural Residential) City / Residential County / Mobile Home Park Vacant Nursery Business County Residential West Arterial (North Brawley Avenue)N/A Arterial (North Brawley Avenue) Public Services No sewer,water,or solid waste services,provided by the Public Utilities Department,are required at this time.City police and fire protection services are also available to serve the proposed project vicinity.The proposed roadway alignment will facilitate the eventual re-construction of an arterial road that will allow a greater level of police and fire service to developed parcels within the project area. Fresno Irrigation District’s (FID)has no facilities in the project area.However,the project will be subject to the water supply system mitigation measures identified in MEIR No.10130 prepared for the 2025 Fresno General Plan and the Mitigation Monitoring Checklist for the Master Environmental Impact Report (MEIR)No.10130 for the 2025 Fresno General Plan (SCH#2001071097)and Mitigated Negative Declaration (MND)No.A-09-02 (SCH#2009051016).The City of Fresno and the FID will coordinate to ensure that a significant impact to water supply in the area will not occur. City of Fresno Printed on 12/16/2022Page 4 of 6 powered by Legistar™ File #:ID#14-377 Agenda Date:9/25/2014 Agenda #: Neighborhood Meeting and Public Notice Department of Public Works staff coordinated and conducted a neighborhood meeting on May 29, 2014.Approximately 11 people attended,and staff answered questions.While area property owners did have questions regarding the OPL,there has been no written opposition from adjacent property owners received to date.Staff emphasized that there was no immediate capital project to improve the roadway.All property owners attending the meeting and those whose property is located within 500 feet of the proposed OPL were noticed for this public hearing. Planning Commission During the public hearing held at the August 20,2014 Planning Commission meeting,no adjacent property owners addressed the Planning Commission with logistical questions nor did any property owners speak in opposition.The Planning Commission recommended adoption of the environmental finding and approval of the OPL by a 5-0 vote. Conclusion The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the West Area Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying EA. Upon consideration of this evaluation, it can be concluded that the West McKinley OPL modification and related EA Application No. EA-14-018 is appropriate for the project site. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the EA necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the project 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 traffic carrying capacity of the planned major street system; 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; and, student generation projections and school facility site location identification. The proposed modification of the adopted OPL for East McKinley Avenue has been determined to be 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 City of Fresno Printed on 12/16/2022Page 5 of 6 powered by Legistar™ File #:ID#14-377 Agenda Date:9/25/2014 Agenda #: been applied to the project 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 Section 15178(a). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Finding of Conformity with MEIR No. 10130 and MND No. A-09-02 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 EA and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft finding of conformity for this project. A public notice of the attached Finding of Conformity with MEIR No. 10130 and MND No. A-09-02 for EA Application No. EA-14-018 was published on July 18, 2014 with no comments or appeals received to date. Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated July 18, 2014, with no comments received to date. LOCAL PREFERENCE Not Applicable - Since this a Plan Amendment and an OPL modification and not a bidding situation, local preference does not apply 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: A Vicinity Map B 2008 Aerial Photograph C Public Hearing Notice Mailing List Vicinity Map D 2025 Fresno General Plan Planned Land Use Map E 2025 Fresno General Plan Transportation Element Map F Official Plan Lines for West McKinley Avenue G Environmental Assessment No. EA-14-018, Finding of Conformity H Resolution I Ordinance Bill City of Fresno Printed on 12/16/2022Page 6 of 6 powered by Legistar™ EXHIBIT B Aerial Photo Map for EA-14-018 W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVE N MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE W OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE W BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVE W BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVEW BELMONT AVE W OLIVE AVEW OLIVE AVEW OL IVE AVEW OL IVE AVEW OL IVE AVE N MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEW SHIELDS AVE W CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE N BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVE W SHIELDS AVEW SHIELDS AVEW SHIELDS AVEW SHIELDS AVE N VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW SHIELDS AVEW SHIELDS AVEW SHIELDS AVEW SHIELDS AVEW SHIELDS AVE W OLIVE AVEW OLIVE AVEW OL IVE AVEW OL IVE AVEW OL IVE AVE EXHIBIT D Planned Land Use Map W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVE N VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE W OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE N MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE N BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE M-3M-3M-3M-3M-3 M-1M-1M-1M-1M-1 C-MC-MC-MC-MC-M C-MC-MC-MC-MC-MR-1R-1R-1R-1R-1 R-1R-1R-1R-1R-1 C-5C-5C-5C-5C-5 R-2R-2R-2R-2R-2 R-1-CR-1-CR-1-CR-1-CR-1-C R-1R-1R-1R-1R-1 R-1R-1R-1R-1R-1 R-1-CR-1-CR-1-CR-1-CR-1-C R-2R-2R-2R-2R-2 T-PT-PT-PT-PT-P R-1-CR-1-CR-1-CR-1-CR-1-C AE-5AE-5AE-5AE-5AE-5 R-1-CR-1-CR-1-CR-1-CR-1-C C-6C-6C-6C-6C-6 R-1R-1R-1R-1R-1 R-2R-2R-2R-2R-2 R-2R-2R-2R-2R-2 R-1R-1R-1R-1R-1 R-2-AR-2-AR-2-AR-2-AR-2-A AE-5AE-5AE-5AE-5AE-5 R-3R-3R-3R-3R-3 R-3R-3R-3R-3R-3 R-1R-1R-1R-1R-1 C-6C-6C-6C-6C-6 R-3R-3R-3R-3R-3 R-1R-1R-1R-1R-1 R-1R-1R-1R-1R-1 C-1C-1C-1C-1C-1 R-1R-1R-1R-1R-1 AE-5AE-5AE-5AE-5AE-5 R-1-CR-1-CR-1-CR-1-CR-1-C AE-5AE-5AE-5AE-5AE-5R-1R-1R-1R-1R-1 C-1C-1C-1C-1C-1 R-1R-1R-1R-1R-1 R-1R-1R-1R-1R-1 C-1C-1C-1C-1C-1 OOOOO R-3R-3R-3R-3R-3 C-6C-6C-6C-6C-6 R-3R-3R-3R-3R-3AE-5AE-5AE-5AE-5AE-5 C-6C-6C-6C-6C-6 AE-20AE-20AE-20AE-20AE-20 AE-5AE-5AE-5AE-5AE-5 R-AR-AR-AR-AR-A R-1R-1R-1R-1R-1 R-1R-1R-1R-1R-1 AE-5AE-5AE-5AE-5AE-5 C-5C-5C-5C-5C-5 R-2R-2R-2R-2R-2 AE-5AE-5AE-5AE-5AE-5 R-2-AR-2-AR-2-AR-2-AR-2-A C-5C-5C-5C-5C-5 T-PT-PT-PT-PT-P R-2R-2R-2R-2R-2 C-1C-1C-1C-1C-1 R-3R-3R-3R-3R-3 R-2R-2R-2R-2R-2 M-1M-1M-1M-1M-1 AE-20AE-20AE-20AE-20AE-20 AE-5AE-5AE-5AE-5AE-5 T-PT-PT-PT-PT-P AE-5AE-5AE-5AE-5AE-5 ENVIRONMENTAL ASSESSMENT NO. EA-14-018 Plan Line: APNs: Various Plan Areas: County, Rural Residential By: L. Filice, August 20, 2014 PROPERTY ADDRESSES West McKinley Avenue from North Marks to North Blythe Avenue DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT EXHIBIT E 2025 Fresno General Plan Transportation Element Map W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVE N VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE W OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE N MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE N BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN BRAWLEY AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVEW CLINTON AVE W MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN BLYTHE AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEN MARKS AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEW MCKINLEY AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEN VALENTINE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVEW OLIVE AVE Arterial Collector -1- 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 EA No. EA-14-018 1.Project title: Environmental Assessment No. EA-14-018: Official Plan Line for West McKinley Avenue from North Blythe to North Marks Avenues 2.Lead agency name and address: City of Fresno Public Works Department, Traffic and Engineering Division; and, Development and Resource Management Department 2600 Fresno Street Fresno, CA 93721 3.Contact person and phone number: Lauren Filice, Planner III City of Fresno Development & Resource Management Dept. (559) 621-8072 4.Project location: North and south sides of West McKinley Avenue between North Blythe and North Marks Avenues, City and County of Fresno, CA. Site Latitude: 36º45’52.7004” N /Longitude: 119º51’11.9082” W Township 13 S Range 19 E, portions of Sections 25 and 36 Mount Diablo Base & Meridian 5.Project sponsor's name and address: City of Fresno Public Works Department, Traffic & Engineering Division 2600 Fresno Street Fresno, CA 93721 Contact: Ann Lillie, Senior Engineering Technician, (559) 621-8690 6.General plan designation: The 2025 Fresno General Plan and West Area Community Plan designate the subject segment of West McKinley Avenue as an Arterial (major street). -2- 8.Description of project: The City of Fresno Public Works Department, Traffic and Engineering Services Division, has filed Environmental Assessment (EA) Application No. EA-14-018 for an Official Plan Line (OPL) for the West McKinley Avenue alignment from North Blythe Avenue to approximately 265 feet east of North Marks Avenue. The proposed OPL is solely for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan. No improvements are proposed at this time. The street will be improved incrementally as adjacent properties develop. The OPL is being proposed to establish a narrower cross- section for the West McKinley Avenue right-of-way to accommodate existing development of the adjacent surrounding properties. The proposed alignment is consistent with the City of Fresno’s 2025 General Plan and the West Area Community Plan which designate this segment of West McKinley Avenue as an Arterial. An arterial is defined as a four- to six- lane divided roadway primarily to move traffic from community plan areas, expressways, and freeways, with limited direct access to abutting property. In addition to major street intersections, appropriately designed and spaced local street intersections may allow left-turn movements to and from Arterials. The 2025 Fresno General Plan indicates that this segment of West McKinley Avenue is planned to accommodate four travel lanes (two directions) and will be a divided roadway with left-turn pockets. Modified arterial standards to reduce the current standard right-of-way widths are being proposed from North Brawley Avenue to North Marks Avenue to reduce impacts to the existing residential properties. The approved geometrics reduce the street right-of-way widths to 98 feet between North Brawley Avenue and North Valentine Avenue and are designed to accommodate two lanes of travel each direction, a continuous left turn lane in the center, and parking and bike lanes on both sides of the streets. Street right-of-way widths were further reduced to 94 feet between North Feland Avenue and North Marks Avenue and will accommodate two lanes of travel in each direction, a continuous left turn lane in the center, and bike lanes on both sides of the street. Therefore, the street classification will remain as an arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. The objectives and policies of the 2025 Fresno General Plan also stipulate that the City of Fresno shall coordinate construction of facilities (particularly with respect to irrigation improvements) and the provision of recreation facilities and services (such as multi-purpose trails) with other public and private agencies (such as the Fresno Irrigation District), in order to seek the greatest public benefit at the least public cost. While no roadway construction is proposed at this time, the City regularly coordinates construction with other related public agencies on infrastructure improvements and will do so when improvements are constructed. The surrounding area is planned and in some cases developed with residential, rural residential and some commercial land uses, with some parcels being vacant. The proposed project will allow the subject segment of West McKinley Avenue to conform with the planned major street designation of an arterial as designated in the West Area Community Plan and the 2025 Fresno General Plan, with a narrower cross-section to reduce impact to adjacent developed properties. -3- 9.Surrounding land uses and setting: (uses cited traversing east to west on McKinley Ave.) Planned Land Use Existing Zoning Existing Land Use North County Rural Residential County R-R (Rural Residential) Residential Multi-Family Vacant Residential Vacant East Arterial (North Marks Avenue)N/A Arterial (North Marks Avenue) South City – County - Rural Residential AE-5 (5 acre Agricultural Exclusive) R-2 (Low Density Multi-Family Residential) County R-R (Rural Residential) City / Residential County / Mobile Home Park Vacant Nursery Business County Residential West Arterial (North Brawley Avenue)N/A Arterial (North Brawley Avenue) 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 Department of Public Utilities; COF Development and Resource Management Department; County of Fresno; Fresno Metropolitan Flood Control District; and Fresno Irrigation 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 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. -4- 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 Population /Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find 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 such that no new additional mitigation measures or alternatives may be required. All applicable mitigation measures contained in the Mitigation Monitoring Checklist shall be imposed upon the proposed project. A FINDING OF CONFORMITY 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). X ________________________________________ Lauren Filice, Planner III June 27, 2014 -5- EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE MEIR or Air Quality MND: 1. For purposes of this MEIR Initial Study, the following answers have the corresponding meanings: a. “No Impact” means the subsequent project will not cause any additional significant effect related to the threshold under consideration which was not previously examined in the MEIR or Air Quality MND. b.“Less Than Significant Impact” means there is an impact related to the threshold under 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- 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. 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 -7- 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 proposed project would not be located near a scenic vista. The project proposes to establish the current road alignment of existing facilities and does not propose the construction of buildings or vertical structures with the potential to obstruct public or scenic vistas. The project site is located within an area which has been partially developed with urban uses and is not within a scenic corridor. Therefore, the project will not substantially damage scenic resources, nor will it degrade the visual character or quality of the vehicular corridor or its surroundings; including, trees, rock outcroppings, and historic buildings within a state scenic highway. Furthermore, the proposal does not include project related public improvements, and thus will not create a new source of substantial light or glare which would affect day or night time views in the project area. All improvements in the project area are currently in place and no new improvements are proposed at this time. Current regulations require any future improvements to be constructed to City standards drawings, specifications and policies. Furthermore, at the time of any improvements, staff is required to ensure that lights are located in areas that will minimize light sources to the neighboring properties and that lights will be shielded so that adjoining properties are not illuminated. As a result, the project will have no impact on aesthetics. -8- 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 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 2025 Fresno General Plan designates the existing segment of West McKinley Avenue as an Arterial which is defined as a four-to-six lane divided roadway primarily servicing through and cross-town traffic, with no direct access to abutting property and at-grade intersections located at approximately one half mile intervals. The vehicular corridor is planned to accommodate four to six travel lanes (two directions) and will be a divided roadway with left-turn pockets, with the segment between North Brawley and North Valentine Avenues having a center turn lane. The subject street segment is existing, does not fall into any of the categories listed above and does not have a Williamson Act contract. There are no existing agricultural uses within or -9- adjacent to the subject segment of the West McKinley Avenue alignment; and, therefore the project does not have the potential to facilitate future conversion of agricultural lands within the vicinity. There are no forested lands occurring within the City sphere of influence. Therefore, no environmental impacts related to agricultural are anticipated as a result of the proposed project. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY AND GLOBAL CLIMATE CHANGE -(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 e) Create objectionable odors affecting a substantial number of people?X The 2025 Fresno General Plan designates West McKinley Avenue as an Arterial which is defined as a four- to six- lane divided roadway primarily to move traffic from community plan areas, expressways, and freeways, with limited direct access to abutting property. In addition to major street intersections, appropriately designed and spaced local street intersections may allow left-turn movements to and from Arterials. The subject segment of West McKinley Avenue is planned to accommodate four to six travel lanes (two directions) and will be a divided -10- roadway with left-turn pockets, except between North Brawley and North Valentine where a center turn lane will be employed. The project, an OPL to establish a narrower arterial width, will not occur at a scale or scope with potential to contribute substantially or cumulatively to existing or projected air quality violations, impacts, or increases of criteria pollutants for which the San Joaquin Valley region is under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors). The proposed project will comply with all applicable air quality plans. Furthermore, 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 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 and no net increase of pollutants will result. The proposed project will facilitate completion of improvements within public rights-of-way as previously analyzed under the Master Environmental Impact Report. The proposed project is expected to relieve traffic congestion and is not a use (i.e. commercial use) that will facilitate more vehicle trips. Future improvements, constructed in accordance with 2025 Fresno General Plan policies to relieve and accommodate future traffic volumes have the propensity to reduce congestion and idling, which will have a positive effect on emissions. The proposed project is not expected to generate substantial pollutant concentrations, therefore there will be no exposure to sensitive receptors. The proposed project is not proposing a use which will create objectionable odors; therefore it will not create objectionable odors affecting a substantial number of people. No violations of air quality standards and no net increase of pollutants will occur. Therefore, there are no air quality or global climate change impacts perceived to occur as a result of the proposed project. 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 -11- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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? 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 proposed project would not directly affect any sensitive, special status, or candidate species, nor would it modify any habitat that supports them. 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 within the project area. Therefore, there would be no impacts to species, riparian habitat or other sensitive communities and wetlands. The proposed project would have no impact on the movement of migratory fish or wildlife species or on established wildlife corridors or wildlife nursery sites. No local policies regarding biological resources are applicable to the project area and there would be no impacts with regard to those plans. No habitat conservation plans or natural community conservation plans in the region pertain to natural resources, which exist within the project area or in its immediate vicinity. No mature vegetation is expected to be removed as part of this project. In any case, Mitigation Measure I- 4 of the 2025 Fresno General Plan would apply to the proposed project in order to assure that -12- existing and mature vegetation shall be preserved to the extent feasible, except when such 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. No actions or activities resulting from the implementation of the proposed project would have the potential to affect floral, or faunal species; or, their habitat. Therefore, there would be no impacts to biological resources from the proposed project. 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 There are no structures which exist within the project area that are listed in the National or Local Register of Historic Places, and the subject site is not within a designated historic district. There is no evidence that cultural resources of other types (including archaeological, paleontological, or unique geologic features) exist within the project area. Past record searches for the region have not revealed the likelihood of cultural resources within the project area or in its immediate vicinity. Therefore, it is not expected that the proposed project may impact cultural resources. It should be noted however that lack of surface evidence of historical resources does not preclude the subsurface existence of archaeological resources. Therefore, due to the ground disturbing activities that may eventually occur as a result of the project, the measures within the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan, Mitigation Monitoring Checklist to address archaeological resources, paleontological resources, and human remains will be employed to guarantee that should archaeological and/or animal fossil material be encountered during project excavations, then work shall stop immediately; and, that qualified professionals in the respective field are contacted and consulted in order to insure that the activities of the proposed project will not involve physical demolition, destruction, relocation, or alteration of historic, archaeological, or paleontological resources. -13- Therefore, with MEIR mitigation monitoring incorporated, there will be no significant impacts to cultural resources. 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 There are no known geologic hazards or unstable soil conditions known to exist within the project area. The existing topography is flat with no apparent unique or significant land forms such as vernal pools. Any further development of the project site requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control -14- District Standards. Fresno has no known active earthquake faults, and is not in any Alquist-Priolo Special Studies Zones. The immediate Fresno area has extremely low seismic activity levels, although shaking may be felt from earthquakes whose epicenters lie to the east, west, and south. Known major faults are over 50 miles distant and include the San Andreas Fault, Coalinga area blind thrust fault(s), and the Long Valley, Owens Valley, and White Wolf/Tehachapi fault systems. The most serious threat to Fresno from a major earthquake in the Eastern Sierra would be flooding that could be caused by damage to dams on the upper reaches of the San Joaquin River. Fresno is classified by the State as being in a moderate seismic risk zone, Category “C” or “D,” depending on the soils underlying the specific location being categorized and that location’s proximity to the nearest known fault lines. 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 will ensure that no adverse environmental effects related to topography, soils or geology will result from the proposed project. Therefore, no adverse environmental effects related to topography, soils or geology are expected as a result of this project. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GREENHOUSE GAS EMISSIONS -- Would the project: 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 Environmental and Regulatory Setting When sunlight strikes the Earth’s surface, some of it is reflected back into space as infrared radiation. When the amount of infrared energy reaching Earth’s surface is about the same as the amount of infrared energy radiated back into space, the average ambient temperature of the Earth’s surface is expected to remain more or less constant. However, when atmospheric conditions prevent re-radiation of this infrared energy, the world’s temperature equilibrium is expected to be disturbed. Global climate change (colloquially referred to as “global warming”) is the term coined to describe very widespread climate change characterized by a rise in the Earth’s ambient average temperatures with concomitant disturbances in weather patterns and resulting alteration of -15- oceanic and terrestrial environs and biota. The predominant opinion within the scientific community is that global climate change is occurring, and that it is being caused and/or accelerated by human activities, primarily the generation of “greenhouse gases” (GHGs). GHGs are gases having properties that absorb and emit radiation within the thermal infrared range, and that would cause thermal energy (heat) to be trapped the earth’s atmosphere. It is believed that increased levels of greenhouse gases in the atmosphere can disturb the thermal equilibrium of the earth when natural carbon cycle processes (such as photosynthesis) are unable to absorb sufficient quantities of carbon dioxide and other GHGs in comparison with the amount of GHGs being emitted. It is believed that a combination of factors related to human activities, such as deforestation, emissions of GHG into the atmosphere from carbon fuel combustion, etc. are causing climate change. Some GHGs occur naturally and are emitted to the atmosphere through both natural processes and human activities. Other GHGs are created and emitted solely through human activities. Water vapor is the most predominant GHG, and is primarily a natural occurrence: approximately 85% of the water vapor in the atmosphere is created by evaporation from the oceans. The major anthropogenic greenhouse gases (those that enter the atmosphere because of human activities) are carbon dioxide (CO2), methane, nitrous oxide and fluorinated gases. Some GHGs exert a much more powerful effect of trapping radiant energy in the atmosphere. The effect of methane, for instance, is 29 times as powerful as that of an equal mass of CO2. In order to describe global warming potential of these differing gases, a convention has been established to quantify GHGs in terms of equivalent quantities of CO2, and to use metric tonnes as the unit of measure for the CO2 (hence the abbreviation “MMTCO2e,” for million metric tonnes of CO2 equivalent. A major problem with GHGs is that most of them are not very reactive and that makes them extremely long-lived in the atmosphere. For instance, once CO2 rises above the troposphere (the portion of the atmosphere where plants may absorb some of it for photosynthesis), there are no natural processes that would effectively remove it. The CO2 will persist and exert its global warming effect for centuries. GHGs were not generally thought of as air pollutants because the criterion air pollutants (such as ozone) and air toxics directly affect health at ground level in the general vicinity of their release to the atmosphere. The impacts of GHGs are global and diffuse in nature, and take time to exert effects that could harm humans. However, it has been realized that the climate changes associated with GHGs can drastically harm health and well-being around the world, not only with regard to heat-related illnesses but through broad scale changes in the environment: ocean level rise that would displace populations, economic and infrastructure damage related to ocean rise as well as heat and storm intensity; exacerbation of criteria air pollutants (more air pollutants are formed when the atmosphere is warm); spreads of infectious diseases through proliferation of mosquitoes and other vectors carrying “tropical” diseases into temperate climate zones; alteration of natural flora and fauna in terrestrial and aquatic environments; disruption of agriculture and water supply; -16- The last point is of particular importance to Fresno. One oft-cited prediction for global climate change is that the Sierra snowpack could be reduced to as little as 20% of its historic levels. This could have dire consequences, since over 70% of California’s population relies on the “frozen reservoir” of Sierra snowpack for its water supply. Fresno’s aquifer has been declining and the City’s Metropolitan Water Resources Master Plan notes that the city will need to make greater use of its surface water entitlements…which are derived from Sierra snowpack. The State of California formally acknowledges these risks and has tasked state and local governments with working toward reduction of potential global climate change. The Governor issued Executive Order No. S-03-05, and subsequently signed Assembly Bill (AB) 32, the Global Warming Solutions Act of 2006, which was codified as Health & Safety Code Section 38501 et seq. There are, at this time, no “attainment” standards established by the federal or state government for greenhouse gases (although some GHGs are regulated as precursors to criteria pollutants regulated by the federal and California Clean Air Acts). However, in AB 32 the State codified a mandate to reduce GHG emissions to 1990 levels by the year 2020. In order to roll back GHG emissions to this level, a reduction of 174 MMTCO2e needs to be achieved statewide—against the background of California’s general population increase and the need for ongoing land and economic development. The combination of the need to reduce GHGs and the need to grow equates to a need to reduce per capita GHG emissions by some 29% from the “business as usual” scenario of continuing the former rate of escalated GHG emissions over time. It has been recognized that new development projects would incrementally add GHG emissions and could cumulatively exacerbate global climate change problems, even if the projects are, themselves, small in scale and do not involve powerful GHGs. In order to standardize evaluation of projects under CEQA, Senate Bill 97 (codified as Public Resources Code Sections 21083.05 and 21097) requires the State Resources Agency to adopt guidelines for addressing climate change in environmental analysis. The California Air Pollution Control Officers Association (CAPCOA) produced a comprehensive publication on this topic in August of 2010 titled Quantifying Greenhouse Gas Mitigation Measures, which provides methods for quantifying emission reductions via application of a specified list of project-level and municipal-level mitigation measures. This document is intended to further support the efforts of local governments to address the impacts of GHG emissions in their environmental review of projects and in their planning efforts. In order to standardize global climate change assessments within the San Joaquin Air Basin, the SJVAPCD adopted a protocol for evaluating land use projects: the 2009 Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. The District determined that the most appropriate assessment criteria would be oriented to performance based standards to streamline the CEQA process for determining significance of project impacts, rather than numerical modeling of GHG emissions and emission reductions. Projects meeting the Best Performance Standards (“BPS”) established by the SJVAPCD would be determined to have a less than significant cumulative impact on global climate change. If projects could not demonstrate compliance with BPS, then a quantification of GHG emissions and demonstration of a 29% reduction in GHG emissions below the “business as usual” level will be required to determine that a project would have a less than significant cumulative impact. Potential Impact of the Proposed Project -17- Given its small size and limited projected emissions of CO2, this project would not be expected to have a significant impact on global climate change. However, as noted above, all projects and activities may cumulatively contribute to significant adverse impacts. According to the SJVAPCD’s Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA, projects can be determined to have a less than significant impact if they do any of the following: 1) Use a combination of SJVAPCD 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 meets this requirement by complying with an approved GHG Mitigation program, established through City of Fresno Plan Amendment No. A-09-02, the Air Quality Update to the 2025 Fresno General Plan. Plan Amendment A-09-02 augmented the City’s Resource Element / Air Quality General Plan Objectives and Policies buy adding new General Plan Objective and several supporting policies, as well as expanding the MEIR Mitigation Measure Monitoring Checklist, to address global climate change through municipal activities and regulation of local development. A-09-02 added new appendices to the 2025 Fresno General Plan, including a 2008 California Attorney General’s Office guidance document titled, “The California Environmental Quality Act Mitigation of Global Warming Impacts at the Local Agency Level” which contains specific guidance on mitigating greenhouse gas emissions through planning and regulation of development. Periodic broad scale GHG modeling will be used to validate the efficacy of these measures and guide implementation and further City rulemaking. As proposed, the street classification will remain as an arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. Furthermore, the project implements many of the general plan policies related to GHG’s, i.e., it allows for the provision of sidewalks and bicycle lanes when street improvements are eventually constructed as adjacent property develops.This project complies with California Attorney General’s Office guidance document which directs that projects should “create travel routes that ensure that destinations may be reached conveniently by public transportation, bicycling or walking”. In addition to being in compliance with local planning guidance on reduction of GHGs, this project’s potential impacts will be further reduced by worldwide, national and statewide measures to combat adverse global climate change: Updated engine and tire efficiency standards would apply to vehicles that travel within the project area; initiatives applicable to air conditioning and refrigeration equipment will continue to reduce fluorocarbon emissions; regional transportation efficiencies will continue; renewable power generation will increase; and landfill and wastewater methane capture will become more efficient; and “carbon capture”/ “carbon sequestration” technologies will increase removal of CO2 from the atmosphere. In addition, the project does not involve manufacturing activities that would generate potent industrial GHGs such as SF6, HFCs, or PFCs and does not propose any uses which would generate methane on site. 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. -18- 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. At this point in time, detailed analyses 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 are not completed. 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. Therefore, based upon the available information, the proposed project will not have a potentially significant cumulatively adverse impact on global climate change. 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 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 -19- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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 There are no known existing hazardous material conditions within the project area and the project will not occur on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project itself will not generate or use hazardous materials and therefore, will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; additionally, as such, there is no significant hazard to the public or the environment. The project is not near any wildland fire hazard zones, and poses no interference with the City’s or County’s Hazard Mitigation Plans or emergency response plans. No pesticides or hazardous materials are known to exist in the project area. The proposed project is not located within an airport land use plan and would not result in a safety hazard for people residing or working in the project area. The proposed project is the alignment of a roadway to its planned width and is not considered an attractant land use. The project will not introduce new land uses to the area for which there may be a hazard. The project proposes an acknowledgement of existing facilities that currently exist in the area, which will be developed per City of Fresno standards in future, thus the project will not interfere with an adopted emergency plan. Therefore the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and will have no environmental impacts related to potential hazards or hazardous materials as indentified above. -20- 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 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 -21- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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 project involves uses that do not involve the use of water, i.e. street improvements and will, therefore, not violate water quality standards or waste discharge requirements; additionally, the project will not 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. There are no natural creeks, streams or river systems in the project vicinity. West McKinley Avenue from N. Blythe to N. Marks serves as the boundary between several drainage areas within the jurisdiction of the Fresno Municipal Flood Control District (FMFCD), with one approximately 1,350 foot long section of master plan line between N. Blythe and Sonora Lane, and another 650 foot long section running east of N. Valentine Avenue. An active water culvert under the jurisdiction of the Fresno Irrigation District (FID) connects irrigation canals as they cross McKinley Avenue at approximately 975 feet west of N. Marks Avenue. However, no improvements to the McKinley Avenue roadbed or adjacent right-of-way are proposed and no interference with these drainage and water transfer systems is anticipated as a result of the project. Therefore, the project will not substantially alter existing drainage patterns; the drain flow, pattern and contribution to the capacity of existing storm water drainage systems will be reviewed by the Fresno Metropolitan Flood Control District (FMFCD) and Fresno Irrigation District (FID) at the time of any future road improvements. The project is not proposing residential uses and will, therefore, not place housing within a 100- year flood hazard area. The project is not proposing any structures and will, therefore, not place any structures within a 100-year flood hazard area. The project involves acknowledgement of an existing street alignment only; any future street improvements will be reviewed by the FMFCD and will not, therefore, 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 intermittently built-out, and urban, and therefore not prone to seiche, tsunami or mudflow. Therefore, the proposed project will have no impact on hydrology or water quality. -22- 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: 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 is proposing to establish a reduced cross-section for the West McKinley Avenue right-of-way to accommodate existing development of adjacent surrounding properties, while the street classification will remain as an arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. Therefore the alignment will not physically divide an established community. The 2025 Fresno General Plan designates West McKinley Avenue as an Arterial which is defined as a four- to six- lane divided roadway primarily to move traffic from community plan areas, expressways, and freeways, with limited direct access to abutting property. The subject segment of West McKinley Avenue is planned to accommodate four travel lanes (two directions) and will be a divided roadway with left-turn pockets, except between North Brawley and North Valentine Avenues which are designed to accommodate two lanes of travel each direction, a continuous left turn lane in the center, and parking and bike lanes on both sides of the streets. The proposed project is not located within an airport land use plan and would not result in a safety hazard for people residing or working in the project area. The proposed project is the alignment of a roadway to its planned width and is not considered an attractant land use. The project will not introduce new land uses to the area for which there may be a hazard. The proposed alignment of West McKinley Avenue is consistent with the planned widths, design and improvements for the subject street segment and intersections pursuant to the 2025 Fresno General Plan and the West Area Community Plan which designate this segment of West McKinley Avenue as an Arterial. Therefore the project will not conflict with the 2025 Fresno General Plan or any other applicable plan. The project area is not located within a habitat conservation plan or natural community conservation plan and will, therefore, not conflict with said plans. -23- 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 project area 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 project area 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. Therefore, there are no impacts to mineral resources. 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 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 -24- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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 In developed areas of the community, noise conflicts often occur when a noise sensitive land use is located adjacent to a noise generator. Noise in these situations frequently stems from on-site operations, use of outdoor equipment, uses where large numbers of persons assemble, and vehicular traffic. Some land uses, such as residential dwellings, are considered noise sensitive receptors and involve land uses associated with indoor and/or outdoor activities that may be subject to stress and/or significant interference from noise. The City of Fresno Noise Element of the 2025 Fresno General Plan sets noise compatibility standards for transportation and stationary noise sources. Traffic on West McKinley Avenue is considered to be a transportation noise source. Noise sources not related to traffic on public roadways, railroads or airports are considered to be stationary noise sources. This would include existing commercial uses adjacent to the West McKinley Avenue corridor. For transportation sources, the Noise Element establishes land use compatibility criteria in terms of the Day-Night Average Level (DNL). The exterior noise exposure criterion is 60 dB DNL within outdoor activity areas of residential land uses. Outdoor activity areas generally include back yards of single family residences, individual patios or decks of multi-family developments and common outdoor recreation areas of multiple family residential developments. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation. The Noise Element also requires that interior noise levels attributable to exterior transporation noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. The project is proposing to establish a reduced cross-section for the West McKinley Avenue right-of-way to accommodate existing development of adjacent surrounding properties and the street classification will remain as an Arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. The project site is currently developed as a two-lane road and the proposed project will not result in an increase in temporary and/or periodic ambient noise levels in the project vicinity above existing levels. Future increases in noise occurring from eventual full development to a 4-lane Arterial will be mitigated to an acceptable level, as discussed above. Some increases in ambient noise levels -25- will occur at the time of future construction, but project construction will be limited to normal business hours (7am to 7pm) to minimize the impact on the adjacent neighborhood. Future construction activities associated with the development of the proposed project could expose persons or structures to excessive groundborne vibration or noise levels during the construction phase of the proposed project and thus, this is a less than significant impact. Although the project will not create additional activity in the area, the project will be required to comply with all noise policies from the 2025 Fresno General Plan and noise ordinance of the Fresno Municipal Code and there will be no exposure to excessive noise. Therefore, the proposed project will not expose persons to excessive noise levels. 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 subject street is designated as an Arterial street within the 2025 Fresno General Plan. The OPL is being proposed to establish a reduced cross-section for the West McKinley Avenue right-of-way to accommodate existing development of the adjacent surrounding properties. The street classification will remain as an arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. The proposed project will not substantially induce population growth because the proposal is to modify (reduce) an existing alignment, with no roadway construction proposed. Therefore the proposed project will not either directly or indirectly induce substantial population growth in the area. Furthermore, the subject street segment and alignment currently exists and therefore, the proposed project does not have the potential to displace existing housing or residents as a result of development thereon. -26- No population and housing impacts will result from the proposed project beyond what was analyzed in the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan. 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: Fire protection?X Police protection?X Drainage and flood control?X Parks?X Schools?X Other public services?X The proposed project does not involve street improvements to, or expansion of, the existing street segment and will, therefore, not require additional governmental facilities. Accommodation for projected traffic generation, volumes and street capacity will foster better vehicular flow and reduction of street intersection and segment levels of service and therefore will not negatively impact response times for fire and police protection but rather improve the potential for emergency response times by service providers. 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. -27- 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 scope of work will not include any infrastructure improvements that could impact neighborhood recreational facilities. The project does not include any type of use or facility that would increase the use of existing neighborhood or regional parks, nor does it include the construction of a recreational facility which may have adverse effects on the environment. Therefore, the project 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. 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 -28- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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 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 proposed OPL is solely for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan. No roadway or right-of-way improvements are proposed at this time as the street will be improved incrementally as adjacent properties develop. The project area is located within the boundaries of the 2025 Fresno General Plan and West Area Community Plan. These plans designate this segment of West McKinley Avenue as an Arterial which is defined as a four- to six- lane divided roadway primarily to move traffic from community plan areas, expressways, and freeways, with limited direct access to abutting property. The 2025 Fresno General Plan indicates that this segment of West McKinley Avenue is planned to accommodate four travel lanes (two directions) and will be a divided roadway with left-turn pockets. Modified arterial standards to reduce the current standard right-of-way widths are being proposed from North Brawley Avenue to North Marks Avenue to reduce impacts to the existing residential properties. The approved geometrics reduce the street right-of-way widths to 98 feet between North Brawley Avenue and North Valentine Avenue and are designed to accommodate two lanes of travel each direction, a continuous left turn lane in the center, and parking and bike lanes on both sides of the streets. Street right-of-way widths were further reduced to 94 feet between North Feland Avenue and North Marks Avenue and will accommodate two lanes of travel in each direction, a continuous left turn lane in the center, and bike lanes on both sides of the street. Therefore, the street classification will remain as an arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. -29- The MEIR (No. 10130) for the 2025 Fresno General Plan and the Public Works Department, Traffic Engineering Division have evaluated the proposed project and potential traffic related impacts and has determined that the West McKinley Avenue corridor will be able to accommodate the quantity and kind of traffic which may be potentially generated through projected horizons subject to widening and the provision of travel lanes consistent with the project proposal. As such, the project does not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The proposed project is expected to relieve congestion and will, therefore not conflict with a congestion management program. The project proposes street improvements (and no buildings) and will, therefore, not result in a change in air traffic patterns. The street improvements will be designed per City standards and will, therefore, not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections). The street improvements will be designed per City standards and will, therefore, not result in inadequate emergency access. The subject segment of West McKinley Avenue is not planned for a bicycle/pedestrian trail in the 2025 Fresno General Plan, as such, the project will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities. 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. 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 -30- ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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 The project will not generate wastewater, therefore, it will not exceed wastewater treatment requirements of the 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. As the proposed project will not generate wastewater, it will not require service by a wastewater treatment provider. The project area consists of an existing public street alignment for which no existing storm water drainage facilities or irrigation canal will need to be relocated. Upon the eventual construction of upgrades to the roadway, project plans will be reviewed by the Fresno Metropolitan Control District and the Fresno Irrigation District and therefore, will not result in construction with respect to such facilities in a manner which will cause significant environmental effects. Sufficient water supplies are available to serve existing and planned development within the project area from existing resources and no new or expanded entitlements are needed as result of the proposed project. The project will not generate solid waste and will, therefore, not be serviced by a landfill. Any demolition material generated by eventual construction activities will be disposed of properly, and the project will comply with federal, state and local statues related to solid waste. Therefore, no impacts to utilities or service systems will result from the proposed project. -31- 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 subject property is located within the boundaries of the 2025 Fresno General Plan and West Area Community Plan. These plans designate this segment of West McKinley Avenue as an Arterial which is defined as a four-to-six lane divided roadway primarily servicing through and cross-town traffic, with no direct access to abutting property and at-grade intersections located at approximately one half mile intervals. The 2025 Fresno General Plan indicates that this segment of West McKinley Avenue is planned to accommodate four travel lanes (two directions) and will be a divided roadway with left-turn pockets. For the reasons indicated within this initial study, as provided herein above, the project is proposed at a size and scope which does not have the potential to degrade the quality of the environment. Additionally, there are no fish or wildlife species, or plant or animal community, located within the project area. Therefore, the proposed project does not have the potential 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. -32- Additionally, the project site is located within an area which has been developed with urban uses and does not propose to upgrade facilities currently located in the area, including, curb and gutter, median island, wheel chair ramps, etc. There is no evidence in the record to indicate that the increment of environmental impacts that would be facilitated 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. 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. EA-14-018 Date: June 25, 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 or prior to funding of major street project. Public Works Dept./Traffic Planning; Planning and Development 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 or prior to funding of major street project. Public Works Dept./Traffic Planning; Planning and Development Dept. X X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 or prior to funding of major street project. Public Works Dept./Traffic Planning; Planning and Development Dept. X 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 or prior to funding of major street project. Public Works Dept./Traffic Planning; Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 or prior to funding of major street project. Public Works Dept./Traffic Planning; Planning and Development Dept. 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; Planning and Development Dept. 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; Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Department Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Department Dept. SJVAPCD 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 MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Dept 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 Planning and Development Department 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 Planning and Development Department X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Department 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 Planning and Development Department 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 Planning and Development Department X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 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. Ongoing Department of Public Utilities X 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 of243 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 MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 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 MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Department 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 Planning and Development Department 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 Planning and Development Department X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Department 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 Planning and Development Department 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 MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 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 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 Planning and Development Department X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 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/ Planning and Development 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.; Planning and Development 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 Service, as appropriate) that adequate mitigation measures are incorporated into the project’s approval. Ongoing/prior to approval of land use entitlement Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development 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 Planning and Development 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 Planning and Development Dept. X 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 Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development 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. e. Avoiding public disclosure of the location of these resources until or unless the site is adequately protected from vandalism or theft. Ongoing/prior to approval of land use entitlement Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Dept. 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 Planning and Development Dept./ Historic Preservation Commission staff 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), the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant. Ongoing Planning and Development Dept./ Historic Preservation Staff X K-1. The City shall adopt the land use noise compatibility standards presented in Figure VK-2 for general planning purposes. Ongoing Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Dept. 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 Planning and Development Dept. X 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 Planning and Development Dept. X MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 / SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN Project/EA No. EA-14-018 Date:June 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F 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 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 Planning and Development Dept. 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 Planning and Development Dept. X 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 Environmental Assessment No. EA-14-018 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 CO2 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 Environmental Assessment No. EA-14-018 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 2007Number 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/m³Annual 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 (CO2), 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 (CH4), 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, CH4 exerts about 20 times the greenhouse gas effect of CO2; • *nitrous oxide (N2O), produced in large part by soil microbes and enhanced through application of fertilizers. N2O 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. N2O is used in some industrial processes, as a fuel for rocket and racing engines, as a propellant, and as an anesthetic. N2O 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 (SF6) is used for insulation in electric equipment, semiconductor manufacturing, magnesium refining and as a tracer gas for leak detection. Of any gas evaluated, SF6 exerts the most powerful greenhouse gas effect, almost 24,000 times as powerful as that of CO2 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 CO2 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 SF6, 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 CO2 and N2O 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 CO2, 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. CITY OF FRESNO NOTICE OF INTENT TO ADOPT A FINDING OF CONFORMITY Filed with: FRESNO COUNTY CLERK 2221 Kern Street, Fresno, CA 93721 EA No. EA-14-018 Environmental Assessment No. EA-14-018 for West McKinley Avenue Official Plan Line APPLICANT: City of Fresno Public Works Department 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: Official Plan Line along West McKinley Avenue from North Blythe Avenue to approximately 265 feet east of North Marks Avenue, Fresno, CA 93726 36º45’52.7004” N Latitude, -119º51’11.9082” W Longitude Assessor’s Parcel Number(s): Various PROJECT DESCRIPTION: The City of Fresno Public Works Department, Traffic and Engineering Services Division, has filed Environmental Assessment (EA) Application No. EA-14-018 for an Official Plan Line (OPL) for the West McKinley Avenue alignment from North Blythe Avenue to approximately 265 feet east of North Marks Avenue. The proposed OPL is solely for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan. No improvements are proposed at this time. The street will be improved incrementally as adjacent properties develop. The OPL is being proposed to establish a narrower cross-section for the West McKinley Avenue right-of-way to accommodate existing development of the adjacent surrounding properties. The proposed alignment is consistent with the City of Fresno’s 2025 General Plan and the West Area Community Plan which designate this segment of West McKinley Avenue as an Arterial. The street classification will remain as an arterial, the number of lanes will remain the same, and the alignment will not be moved from that which is currently in place. The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report No. 10130 (MEIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097) and Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH # 2009051016) (Air Quality MND). Therefore, the Development and Resource Management Department proposes to adopt a Mitigated Negative Declaration for this project. With the project specific mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND. After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Additional information on the proposed project, including the MEIR/Air Quality MND proposed environmental finding of a mitigated negative declaration and the initial study may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, Room 3070, California 93721-3604. Please contact Lauren Filice at (559) 621-8070 or Sophia Pagoulatos at (559) 621-8062 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. Any comments may be submitted at any time between the publication date of this notice and close of business on August 18, 2014. Please direct comments to Lauren Filice, Planner III or Sophia Pagoulatos, Supervising Planner, City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3076, Fresno, California, 93721-3604; or by email to Lauren.Filice@fresno.gov; or comments can be sent by facsimile to (559) 498-1026. The approval and this proposed environmental finding for the project have been tentively scheduled to be heard by the Planning Commission on August 20, 2014 at 6:00 p.m. and by the City Council on September 25, 2014 or thereafter. The hearing will be held in the Fresno City Council Chambers located at Fresno City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California, 93721. Your written and oral comments are welcomed at the hearing and will be considered in the final decision. INITIAL STUDY PREPARED BY: Lauren Filice, Planner III, City of Fresno SUBMITTED BY: DATE: July 15, 2014 Sophia Pagoulatos, Supervising Planner CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CAO033010 EXHIBIT H FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13302 The Fresno City Planning Commission at its regular meeting on August 20, 2014, adopted the following resolution relating to Environmental Assessment No. EA-14-018 and the proposed adoption of an Official Plan Line (OPL) for West McKinley Avenue from North Blythe Avenue to approximately 265 feet east of North Marks Avenue, for the purpose of clarifying the existing plan line identified in the City of Fresno’s 2025 General Plan. WHEREAS, the Director of the City of Fresno Department of Public Works has initiated a recommendation for the adoption of an Official Plan Line (OPL) for the planned major street segment of West McKinley Avenue from North Blythe Avenue to approximately 265 feet east of North Marks Avenue; and, WHEREAS, on August 20, 2014, the Fresno City Planning Commission conducted a public hearing to review the proposed Official Plan Line, received public testimony and considered the Development and Resource Management Department and Department of Public Works report recommending approval of the proposed Official Plan Line; and, WHEREAS, the Fresno City Planning Commission has reviewed the environmental Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report No. 10130 ("MEIR") or Mitigated Negative Declaration No. A-09-02 (Air Quality MND) prepared for Environmental Assessment No. EA-10-006, dated July 18, 2014; and, NOW, THEREFORE, BE IT RESOLVED that Fresno City Planning Commissionfindsin accordance with its own independent judgment that there is no substantial evidence in the record that the adoption of the proposed Official Plan Line may have additional significant effects on the environment that were not identified in the 2025 Fresno General Plan Master Environmental Impact Report No. 10130 ("MEIR") or Mitigated Negative Declaration No. A-09-02 (Air Quality MND) and that no new or additional mitigation measures or alternatives may be required. In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), the Commissionfinds 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 or Air Quality MND were certified as complete, has become available. Accordingly, the Commission recommends Council adopt the Finding of Conformitydated July 18, 2014, which was prepared for Environmental Assessment No. EA-14-018. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that proposed Official Plan Line for West McKinleyAvenue from North BlytheAvenue to approximately 265 feet east of North Marks Avenue. /// /// /// Planning Commission Resolution No. 13302 Environmental Assessment No. EA-14-018 OPL for West McKinley Avenue August 21, 2014 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Hansen-Smith, seconded by Commissioner Medina. VOTING:Ayes -Hansen-Smith, Holt, Medina, Torossian, Vasquez Noes -None Not Voting -None Absent -Reed DATED: August 21, 2014 _________________________________ Jennifer K. Clark, AICP, Secretary Fresno City Planning Commission Resolution No. 13302 EA No. EA-14-018 OPL for West McKinley Avenue from North Blythe Avenue to approximately 265 feet east of North Marks Avenue Filed by City of Fresno, Dept. of Public Works Action: Recommend Approval City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-415 Agenda Date:9/25/2014 Agenda #: CLOSED SESSION ITEM September 25, 2014 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Chukchansi Park (Multipurpose Stadium) Negotiating Parties: City Manager Bruce Rudd; Chris Cummings, Fresno Baseball Club, LLC and Fresno Baseball Club, LLB Sponsors: City Manager’s Office 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#14-362 Agenda Date:9/25/2014 Agenda #: September 25, 2014 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management THROUGH:MIKE SANCHEZ, Assistant Director Development Services Division BY:BRUCE BARNES, Project Manager Development Services Division SUBJECT: HEARING to consider Plan Amendment Application No. A-14-002, Rezone Application No. R-14-002, Conditional Use Permit Application No. C-14-012 and related environmental findings filed by Giorgio Russo, on behalf of Ginder Development Corporation, pertaining to approximately 8.21 Acres of property located on the north side of North Figarden Dive between West Bullard and North Gates Avenues (District 2) 1.Consider the environmental finding for a Mitigated Negative Declaration prepared for Environmental Assessment No. A-14-002/R-14-002/C-14-012 for the purpose of the proposed project 2.RESOLUTION-Approving Plan Amendment to amend the 2025 General Plan and Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation 3.BILL-Amending the Official Zone Map to reclassify 8.21acres from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay, 20 feet/Urban Growth Management/conditions of zoning) zone district to the R-2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay, 20 feet/Urban Growth Management) zone district RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1.ADOPT the environmental finding of a Mitigated Negative Declaration (MND)for Environmental Assessment (EA)No.A-14-002/R-14-002/C-14-012 for the purpose of the proposed project. 2.ADOPT RESOLUTION for Plan Amendment Application No.A-14-002 to amend the 2025 Fresno General Plan and Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation. 3.ADOPT ORDINANCE BILL amending the Official Zone Map to reclassify 8.21 acresCity of Fresno Printed on 12/16/2022Page 1 of 7 powered by Legistar™ File #:ID#14-362 Agenda Date:9/25/2014 Agenda #: 3.ADOPT ORDINANCE BILL amending the Official Zone Map to reclassify 8.21 acres located on the north side of North Figarden Drive between West Bullard and North Gates Avenues from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay,20 feet/Urban Growth Management/conditions of zoning)zone district to the R- 2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay,20 feet/Urban Growth Management) zone district. EXECUTIVE SUMMARY Plan Amendment Application No.A-14-002 proposes to amend the 2025 General Plan and the Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation.Rezone Application No.R-14-002 proposes to amend the Official Zone Map to reclassify the subject property from the C-2/BA- 20/UGM/cz (Community Shopping Center/Boulevard Area Overlay,20 feet/Urban Growth Management/conditions of zoning)zone district to the R-2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay,2 feet/Urban Growth Management)zone district, which would be consistent with the requested medium high-density residential land use designation requested in the plan amendment application.A lot line adjustment has been filed to create the 8.21 acre parcel. City Council approval of the Plan Amendment,the Rezone and the EA are necessary prior to the approval of Conditional Use Permit Application No.C-14-012,which requests authorization to construct 40 single-story duplexes (80 dwelling units),a clubhouse and community pool for tenants 55 years of age or older.EA No.A-14-002/R-14-002/C-14-012 recommends that an MND be adopted for the above Plan Amendment and Rezone applications and for the related Conditional Use Permit Application. Staff is recommending approval of the subject entitlements. ENVIRONMENTAL FINDING An EA initial study was prepared for this project in accordance with the requirements of California Environmental Quality Act (CEQA)Statutes and Guidelines.This process included the distribution of requests for comment from other responsible or affected agencies and departments,and other interested parties of record. Preparation of the EA necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Bullard Community Plan area,including City of Fresno Master Environmental Impact Report (MEIR)No.10130 certified for the 2025 Fresno General Plan (SCH #2001071097)and the City’s approved MND for the Air Quality Update to the General Plan,Plan Amendment A-09-02 (SCH #2009051016).These environmental and technical studies examined issues relating to the subject property and proposed development,including projected wastewater generation,capacity of sanitary sewer collection and treatment facilities;groundwater conditions;water supply production and distribution system capacities;traffic carrying capacity of the planned major street system;and school facility siting. The proposed plan amendment,rezone and conditional use permit applications have been determined to be subsequent projects not fully within the scope of MEIR No.10130 as provided by City of Fresno Printed on 12/16/2022Page 2 of 7 powered by Legistar™ File #:ID#14-362 Agenda Date:9/25/2014 Agenda #: determined to be subsequent projects not fully within the scope of MEIR No.10130 as provided by the CEQA Statutes/Public Resources Code Section 21157.1 and Section 15177 of the CEQA Guidelines (California Code of Regulations,Title 14,Chapter 3,Article 11.5)because the plan amendment would change the urban form/land use map of the 2025 Fresno General Plan.The project itself was not found to have any significant adverse impacts;therefore,a finding of MND is recommended,implementing MEIR mitigation measures and project-specific mitigation measures as deemed necessary pursuant to the EA initial study.Conditions are also being incorporated into the conditional use permit project to assure that the project will not cause significant adverse impacts or irreversible significant effects beyond those identified by MEIR No.10130 or MND No.A-09-02.A copy of EA No.A-14-002/R-14-002/C-14-012 is attached,with the full initial study (including public agency and interdepartmental comments)and its recommended mitigation measure monitoring checklists. On July 25,2014 the Notice of Intent was filed with the Fresno County Clerk and a Notice of Intent for a proposed finding of MND for this project was published in the Fresno Bee.As of the date this report was prepared,no inquiries,comments or objections regarding EA No.A-14-002/R-14-002/C- 14-012 have been received by the Development and Resource Management Department. Staff supports a Commission recommendation to the City Council to approve the MND for EA No.A- 14-002/R-14-002/C-14-012. BACKGROUND / ANALYSIS The 1975 Bullard Community Plan deemphasized Shaw Avenue as being the "community center" and created the Bullard-Brawley Loop,encircled by Figarden Drive,in order to minimize the number of grade crossings and awkward intersections with the Santa Fe Railroad and to provide a unique feature and focal area for the location of the community center function.Basically,the node of intensity that was originally shown at Bullard and Brawley Avenues in the 1965 Bullard Plan was carried forward in modified form to the 1975 Bullard Plan except with a loop street instead of a grid system.The loop area provided for a community shopping center,medium-high and medium density residential uses,educational facilities,i.e.,a high school,a junior high,an elementary school,offices, and a community center designation to provide for public buildings such as meeting rooms,cultural centers,city offices,police service center and also to provide for a park/open space network. Although the "loop"area was designated as the "community center"instead of Shaw Avenue,the 1975 Bullard Plan did extend the West Shaw Avenue office strip west to Brawley Avenue in reflection of the County's Shaw Avenue Land Use Policy and its extension,the West Shaw Avenue Amendment.The current 2025 General Plan,adopted in 2002,designates the area as a “Potential Activity Center” as identified in Exhibit 6 of that document. Land Use Plans and Policies The subject property is included within the boundaries of the Bullard Community Plan.The attached map of planned land uses in the project vicinity shows that the subject property is designated for Community Commercial uses.The proposed change in planned land use designation for the subject 8.21-acre property would constitute shifting the current boundary of the planned Medium Density Residential land use along this segment of Figarden Drive northwesterly by approximately 400 feet. The project is consistent with the following Bullard Community Plan Goals noted in Section 4.1.2: City of Fresno Printed on 12/16/2022Page 3 of 7 powered by Legistar™ File #:ID#14-362 Agenda Date:9/25/2014 Agenda #: 1.Provide for a diversity of housing types and housing opportunities to meet the needs of all ages and income levels. 2.Provide for efficient use of land and the public service delivery system while protecting the integrity of established neighborhoods. 3.Provide for safe, clean and aesthetically pleasing neighborhoods free from excessive traffic and noise. 4.Provide for a compatible relationship between differing housing types and densities. This project is consistent with the following 2025 Fresno General Plan Goals,Objectives and Policies: Goal 1 Enhance the quality of life for the citizens of Fresno and plan for the projected population within the moderately expanded Fresno urban boundary in a manner that which will respect physical,environmental,fiscal,economic,and social issues. Objective C-9.Plan for diversity and quality residential housing,at locations necessary to provide for adequate and affordable housing opportunities.Housing patterns should support balanced urban growth,and should make efficient use of resources and public facilities.Commercial land uses shall be classified,located,sized and developed to meet needs for goods and services while minimizing travel requirements,infrastructure demands,and adverse impacts. Objective C-17.Encourage and facilitate urban infill by building and upgrading community and neighborhood public infrastructure and services that will enhance public health and convenience and the overall experience and quality of city living. Policy C-9-l High density residential uses shall be designated for those areas supportive of the city’s university,college,activity centers and intensity corridors.(The area is designated in Exhibit 6 of the 2025 General Plan as a Potential Activity Center). The size,configuration,and location of the subject property are suitable for the proposed senior living complex.The building materials and architectural features of the complex are compatible with nearby residential areas found in the project vicinity:Stucco exterior finishes,earth tones,and landscaped buffers.According to the California Department of Aging the population in Fresno County for those aged 60 to 85 will increase 100%between 1990 and 2020.Over that same period the demand from residents aged 85 and older will increase by 50%.During the recent “housing boom”in the middle of the last decade numerous single family and multiple family housing project were built in the area.This was followed by a tremendous growth in commercial uses which followed a northward path from West Shaw Avenue along Brawley Avenue and extended to Figarden Drive (or Loop).TheCity of Fresno Printed on 12/16/2022Page 4 of 7 powered by Legistar™ File #:ID#14-362 Agenda Date:9/25/2014 Agenda #: path from West Shaw Avenue along Brawley Avenue and extended to Figarden Drive (or Loop).The area now has ample commercial uses and to re-designate 8.21 acres of the existing vacant 22 acre site from Community Commercial to the Medium High Residential land use designation is considered less than significant for planning purposes. The proposed project will have ingress and egress on Figarden Drive,which is designated as an arterial.A secondary entrance will be on Gates Avenue,which is a cul-de-sac and local street.There are no established bus routes in the vicinity of this proposed senior housing project.Each unit will have a two-car garage.In addition there will be 69 guest parking stalls,bringing the total number of parking spaces to 229. Only 120 spaces are required so there appears to be ample parking. The Department of Public Utilities (DPU)and Fire Prevention Bureau have verified that adequate public service capacity exists for the proposed project.As a result of the change in land use,from community commercial to medium high density residential,there will be very significant reduction in the Average Daily Trips (ADT)as noted below.Therefore,the Traffic Division has indicated that the circulation system will be able to adequately handle the increased level of ADT.Finally,DPU has indicated there is adequate capacity in both the City’s water and sewer systems. Transportation and Circulation The subject property is located on the north side of North Figarden Drive between West Bullard and North Gates Avenues.Figarden Drive is a planned arterial street and is fully developed in the project vicinity.North Gates south of Figarden Drive is a planned collector and north of Figarden Drive it is a local street.Access to the project will be from both North Figarden and North Gates Avenues.The segment of Figarden Drive abutting the subject property has four travel lanes, a landscaped median island, bike lanes, and pedestrian facilities only on the south side of the street. Appendix B of the MEIR prepared for the 2025 Fresno General Plan projects that the segment of North Figarden Drive between Gates and Bullard Avenues,from which this project will be required to take its access,would experience 21,410 ADT at full build-out of planned land uses in year 2025,and would operate at an acceptable Level of Service (LOS “D”), an allowable LOS under policies of the 2025 Fresno General Plan. The Medium Density Residential land use would generate 528 ADT compared with 3,827 ADT for the Community Commercial land use currently planned for the subject property.If applicant’s request is approved this parcel would reduce ADT by 3,299 trips for an 84%reduction in ADT.See memorandum from the Public Works Department,Traffic and Engineering Services Division (attached to EA No. A-14-002/R-14-002/C-14-012). The City’s Traffic Engineer requires that this project pay its proportionate share of City major street impact and traffic signalization impact fees, and notes that it is subject to Regional Transportation Mitigation fees. In summary,the proposed plan amendment,rezone and conditional use permit for development of senior living facility does not create any traffic conflicts or significant adverse traffic impacts,provided that development occurs consistent with Public Works recommended conditions of approval and with payment of the prescribed traffic/transportation and signalization fees. Public Services Details of the proposed project were circulated to departments and public agencies for review and comment on May 29, 2014.The comments and conditions received by the Development Services Division have been incorporated into the EA initial study, and will be reflected in the Conditions of Approval for CUP No. C-14-012. The City’s DPU determined that the proposed project can be adequately served by existing water and sewer facilities (see DPU memoranda dated June 6 and June 19,2014,attached to C-14-012),which complies with General Plan and Bullard Community Plan policies which require affirmation that sufficient public service capacity exists for projects.Also it should be noted that the land use change will result in a slight decrease (approximately 7%)in water usage (from 17.5 acre/feet per year for the community commercial land use designation to 16.3 acre/feet per year for the medium high City of Fresno Printed on 12/16/2022Page 5 of 7 powered by Legistar™ File #:ID#14-362 Agenda Date:9/25/2014 Agenda #: acre/feet per year for the community commercial land use designation to 16.3 acre/feet per year for the medium high density residential land use designation). The proposed configuration of the solid waste enclosure meets City standards for solid waste collection and recycling. The Fresno Fire Department evaluated the CUP and noted fire protection requirements.Fresno County Environmental Health provided a letter of comment with information relating to filing of reports required by that agency. Applicant must comply with all conditions noted by the Fresno Police Department (on site cameras),the Fresno Metropolitan Flood Control District (payment of drainage fees),the Fire Department (installation of new fire hydrant(s)), Public Works,Traffic Division (payment of Traffic Impact fees),and Public Works,Engineering Division (payment of public landscaping maintenance fees). Planning Commission On August 20,2014 the Planning Commission by a unanimous vote,recommended that the City Council Adopt an MND prepared for EA No.A-14-002/R-14-002/C-14-012;and approve Plan Amendment No.A-14-002 and Rezone Application No. R-14-002. District 2 Plan Implementation Committee And Other Public Outreach The District 2 Plan Implementation Committee on June 2,2014 recommended approval of the proposed project by a vote of 5 to 0,subject to a condition that additional guest parking be added.The project applicant has complied with this request. Notices for the August 20,2014 Planning Commission hearing were mailed to property owners within a 500-foot radius on August 7,2014,as required by Fresno Municipal Code Chapter 12,Articles 4 and 6;and the property was posted with a laminated copy of the notice,on Thursday August 7,2014.A public hearing notice was also published in the Fresno Bee. As of the date of preparation of this report,no comments or appeals have been received by the Development and Resource Management Department. The project developer,Ginder Development Corporation,held a neighborhood meeting at Figarden Elementary School on August 5, 2014 at 6:00 pm. Nine people attended the meeting and no one spoke in opposition to the project. LOCAL PREFERENCE Since this a Plan Amendment and a Rezone and not a bidding situation, local preference does not apply. FISCAL IMPACT Affirmative action by the City Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the City a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Development and Resource Management Department. Attachments: 1) 2008 aerial photograph and Vicinity Map 2) Planned Land Use Amendment and Rezone 3) District 2 Plan Implementation Committee 4) Meeting Notice to Neighborhood 5) Public Notices and Mailing Map 6) Environmental Assessment No. A-13-002/R-13-008/C-13-083 7)Planning Commission Resolution Nos.13299 (EA and Plan Amendment)and 13300 (Rezone) and 13301 (CUP) 8) City Council Ordinance Bill for Rezone Application R-14-002 City of Fresno Printed on 12/16/2022Page 6 of 7 powered by Legistar™ File #:ID#14-362 Agenda Date:9/25/2014 Agenda #: City of Fresno Printed on 12/16/2022Page 7 of 7 powered by Legistar™ APPENDIX G TO ANALYZE SUBSEQUENT PROJECT IDENTIFIED IN MEIR NO.10130!MND FOR PLAN AMENDIVIENT A-09-02 (AIR QUALITY IVIND)!INITIAL STUDY Environmental Checklist Form for: A-14-002,R-14-002,C-14-012 1.Project title: Plan Amendment A-14-002,Rezone Application No.R-14-002,Conditional Use Perm it No.C-14-012; Luxury Duplexes for Senior Living 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: Bruce Barnes,Project Manager City of Fresno Development &Resource Management Dept. (559)621-8047 4.Project location: 550 North Gates Avenue Located on the north side of North Figarden Drive between West Bullard and North Gates Avenues in the City and County of Fresno,California Assessor's Parcel Number(s):509-030-70s portion Site Latitude:36°81 '92" N Site Longitude :'119°86'74"W Mount Diablo Base &Meridian,Township 13S Range 20E,Section 19, Fresno South USGS Quadrangle -1- 5.Project sponsor's name and address: Giorgio Russo 759 West Alluvial, Suite 102 Fresno, CA 93711 6.General &Specific plan designation: Existing :Community Commercial land use Proposed: Medium High Residential land use 7.Zoning: Existing:C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay,20 feet/conditions of zoning)zone district Proposed: R-2 ((Low Density Multiple Family Residential/Boulevard Area Overlay, 20 feet/Urban Growth Management)zone district 8.Description of project: Plan Amendment Application No. A-14-002, Rezone Application No. R-14-002, and Conditional Use Permit Application No. C-14-012 were filed by Giorgio Russo of Ginder Development,on behalf of the John Allen Company, and pertain to 8.219 acres of property located on the northeasterly side of North Figarden Drive between North Gates and West Bullard Avenues .Plan Amendment Application No. A-14-002 proposes to amend the 2025 Fresno General Plan and the Bullard Community Plan from the community commercial planned land use designation to the medium-high density residential land use designation.Rezone Application No. R-14-002 proposes to amend the Official Zone Map to reclassify the subject property from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay,20 feet/Urban Growth Management/conditions of zoning)zone district to the R-2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay,20 feet/Urban Growth Management)zone district.Conditional Use Permit Application No. C-14-012 proposes a gated multiple family residential development consisting of 40 single-story duplexes (80 dwelling units), a clubhouse, and community pool for tenants/owners 55 years of age and older. (Lot Line Adjustment LLA-2013-14,No.0028087) According to.the applicant's operational statement, the facility will provide 40 luxury, single story duplexes (total of 80 units) for those 55 year of age or older. The property is located within the jurisdiction of the Bullard Community Plan and the 2025 General Plan. The 2025 General Plan designates the subject property for Community Commercial planned land uses. The property is currently zoned C-2/BA- -2- 20/UGM/cz (Community Shopping Center/Boulevard Area Overlay,20 feet/Urban Growth Management/conditions of zoning). 9.Surrounding land uses and setting:I-Planned Land Use Existing Zoning Existing Land Use Medium High Density C-2 North Community Shopping VacantResidentialCenter R-2 East Medium High Density i.ow Density Multiple Family Apartments Residential Residential South Medium Density R-1 Single Family Residential Single Family Residential Residential C-2 West Community Commercial Community Shopping Vacant Center 10.Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): San Joaquin Valley Air Pollution Control District, and the Fresno Metropolitan Flood Control District and various City of Fresno Departments. 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.1 0130 ("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"). -3- 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 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 Transportation/Traffic Utilities/Service Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find 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 Mt\ID because it would have no additional significant effects that were not examined in the MEIR or the Air Quality MND such that no new additional mitigation measures or alternatives may be required. All applicable mitigation measures contained in the Mitigation Monitoring Checklist shall be imposed upon the proposed project. A FINDING OF COI\IFORMITY will be prepared. XX 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 I\I1EIR and Air Quality MND because the proposed project could have a significant effect on the environment that was not examined in the IVIEIR 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 -4- 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 NlEIR but that it I\J1A Y 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). x _ Bruce Barnes, Planner July 25, 2014 EVALUATION OF ADDITIONAL ENVIROI\lNlENTAL INiPACTS NOT ASSESSED IN THE MEIR or Air Quality MND: 1. For purposes of this MEIR Initial Study, the following answers have the corresponding meanings: a. "No Impact" means the subsequent project will not cause any additional significant effect related to the threshold under consideration which was not previously examined in the NlEIRor Air Quality NlND. b."Less Than Significant Impact" means there is an impact related to the threshold under consideration that was not previously examined in the MEIR or Air Quality NlND,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 NlI\lD,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 NlEIRor 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 -5- "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. b.Impacts Adequately Add ressed.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. -6 - 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. Less Than Less Potentially Significant Than NoENVIRONMENTALISSUESSignificantwith Signifi ImpactImpact Mitigation cant Incorporated Impact I.AESTHETICS -- Would the project: a) Have a substantial adverse effect xon a scenic vista? b)Substantially damage scenic resources, including, but not limited to, trees,rock outcroppings,and x historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site x and its surroundings? -7- Less Than Less Potentially Significant Than NoENVIRONMENTALISSUESSignificantwith Signifi ImpactImpactMitigationcant Incorporated Impact d) Create a new source of substantial light or glare which would adversely xaffect day or nighttime views in the area? The subject property is currently vacant. Two story apartments are located to the south and east of the subject property, single family residential uses are located across Figarden Drive to the south, and vacant property is located to the north. 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.Approval of the subject property will not create a new source of substantial light or glare which would affect day or night time views in the project area due to the existing ambient light emanating from the existing major street. Furthermore, the entitlement review process will ensure that lights are located in areas that will minimize light sources to the neighboring properties . As a result, the project will have a less than significant impact on aesthetics .The project will be subject to the aesthetics mitigation measures identified in MEIR No. 10130 prepared for the 2025 Fresno General Plan.Conditions to ensure the project is aesthetically appealing will be further defined during the special permit review process to ensure tha t the development is consistent with all applicable plans and any applicable design guidelines. The applicant proposes to construct the facility in a park-like setting with ample open space and gardens including a 3,455 square foot dog park, an 8,941 square foot club house and pool, landscaped path to the future commercial area to the north, a 4,850 square foot rose and herb garden, a 5,784 square foot landscaped main entry and each unit will have a side yard and rear yard. The proposed building materials and architectural style will be compatible with the surrounding environment and therefore, no impacts will result beyond those indentified in the MEIR or the Air Quality MND. Mitigation Measures 1. The proposed project shall implement and incorporate, the aesthetic related mitigation measures as identified in the attached Master Environmental Impact Report NO .1 0130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25,2014. -8- 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 011 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 -9- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x x Less Than Potentially Significant Less Than NoENVIRONIVIENTALISSUESSignificant with 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 subject property is currently vacant and has not been farmed since at least 1992, according to the City of Fresno's 1992 aerial photos. The subject property is surrounded predominantly by urban uses making agricultural impractical. The subject property and all of the properties within the general vicinity of the subject property are planned for urban land uses by the 2025 Fresno General Plan and the Bullard Community Plan. The site does not fall into any of the categories listed above and does not have a Williamson Act contract. There are no existing agricultural uses of the subject property; and, the project does not have the potential to facilitate future conversion of agricultural lands within the vicinity. There are no forested lands occurring within the City sphere of influence. Therefore, there is no potential for environmental impacts related to agricultural and/or forestry resources to occur as a result of the proposed project. ENVIRONMENTAL ISSUES III.AIR QUALITY AND GLOBAL CLIMATE CHANGE - (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: Potentially Significant Impact -10- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact ENVIRONMENTAL ISSUES 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)? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 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 x x The project will not occur at a scale or scope with potential to contribute substantially or cumulatively to existing or projected air quality violations, impacts, or increases of criteria pollutants for which the San Joaquin Valley region is under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors). The proposed project will comply with all applicable air quality plans and will be subject to all applicable SJVAPCD rules, regulations, and strategies. The subject property is currently zoned C-2 (Community Commercial) and would -11- generate daily traffic of 1,502 trips. If the proposed designation of R-2 (Low Density Single Family Residential) and the proposed development of an 80-unit senior living facility is approved, there would only be 528 average daily trips. This is a net reduction of 3,299 daily trips according to Peters Engineering Group dated February 19, 2014. Therefore, the proposed project would reduce the number of trips by 84% along with a significant reduction in transportation related air pollution. In conclusion, there are no significant air quality or global climate change impacts perceived to occur as a result of the proposed project, no violations of air quality standards will occur and no net increase of pollutants will occur. Mitigation Measures 1. The proposed project shall implement and incorporate, the air quality related mitigation measures as identified in the attached Master Environmental Impact Report NO.10130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25, 2014. 2. The proposed project shall implement and incorporate, the air quality related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated July 25, 2014. 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? Potentially Significant Impact -12- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x ENVIRONMENTAL ISSUES 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? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 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? Potentially Significant Impact -13- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x x The proposed project would not directly affect any sensitive, special status, or candidate species, nor would it modify any habitat that supports them.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 Wildlife 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 proposed project would have no impact on the movement of migratory fish or wildlife species or on established wildlife corridors or wildlife nursery sites. No local policies regarding biological resources are applicable to the subject site and there would be no impacts with regard to those plans. No habitat conservation plans or natural community conservation plans in the region pertain to natural resources, which exist on the subject site or in its immediate vicinity. Therefore,no actions or activities resulting from the implementation of the proposed project would have the potential to affect floral, or faunal species; or,their habitat. Therefore,there would be no impacts. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated V.CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a X historical resource as defined in '15064 .5? b)Cause a substantial adverse change in the significance of an X archaeological resource pursuant to '15064 .5? c)Directly or indirectly destroy a unique paleontological resource or X site or unique geologic feature? d)Disturb any human remains, including those interred outside of X formal cemeteries? -14- There are no structures which exist on or within the immediate vicinity of the site that are listed on, or considered to be eligible to the National or Local Register of Historic Places ,and the subject site is not within either a designated or proposed historic district. There is no evidence that cultural resources of any type (including historical, archaeological, paleontological, or unique geologic features) exist on the subject property. Past record searches for the region have not revealed the likelihood of cultural resources on the subject property or in its immediate vicinity. Therefore, it is not expected that the proposed project may impact cultural resources. The I\J1EIR identifies several mitigation measures including but not limited to the following: a) Amending construction plans to avoid archaeological or paleontological 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. e) Avoiding public disclosure of the location of these resources until or unless the site is adequately protected from vandalism or theft. Mitigation Measures 1. The proposed project shall implement and incorporate, the cultural resource related mitigation measures as identified in the attached Master Environmental Impact Report NO .1 0130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25,2014. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificant with Significant ImpactImpactMitigation 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: -15- Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigation Impact Incorporated i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State XGeologistfor 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? X iii)Seismic-related ground failure,X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X 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 X 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-B of the Uniform Building Code (1994),X creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X systems where sewers are not available for the disposal of waste water? There are no known geologic hazards or unstable soil conditions known to exist on the -16- site .The existing topography is flat with no apparent unique or significant land forms such as vernal pools. Any future development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards.There will be no Grade differentials on the subject property of more than six inches unless approved by the City of Fresno . Fresno has no known active earthquake faults, and is not in any Alquist -Priolo Special Studies Zones. The immediate Fresno area has extremely low seismic activity levels, although shaking may be felt from earthquakes whose epicenters lie to the east, west, and south. Known major faults are over 50 miles distant and include the San Andreas Fault ,Coalinga area blind thrust fault(s), and the Long Valley, Owens Valley, and White Wolf/Tehachapi fault systems. The most serious threat to Fresno from a major earthquake in the Eastern Sierra would be flooding that could be caused by damage to dams on the upper reaches of the San Joaquin River. Fresno is classified by the State as being in a moderate seismic risk zone,Category "C " or "0,"depending on the soils underlying the specific location being categorized and that location's proximity to the nearest known faultlines.All new structures are required to conform to current seismic protection standards in the California Building Code. No adverse environmental effects related to topography,soils or geology are expected as a result of this project since the project involves new construction.Implementation of the mitigation measures listed in MEIR No. 10130 and the attached MEIR Mitigation Monitoring Checklist will ensure that no adverse environmental effects related to topography,soils or geology will result from the proposed project. Less Than Less Potentially Significant Than NoENVIRONMENTALISSUESSignificantwithSignifiImpactImpactMitigation cant Incorporated Impact 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? -17- As noted in the Air Quality and Global Climate Change section,the proposed project would reduce average daily trips (ADT)by 84%compared to the current general plan designation and zoning designation.Therefore,transportation related air pollution would be substantially reduced.Furthermore ,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.At this point in time,detailed analyses 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 are not completed. The proposed project will not affect greenhouse gas ermssions beyond what was analyzed in the Master Environmental Impact Report No .1 0130/SCH No.2001071097 for the 2025 Fresno General Plan and the Mitigated Negative Declaration prepared for Plan Amendment No.A-09-02 / SCH No.2009051016 (Air Quality MND). 1. The proposed project shall implement and incorporate,the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No.1 0130--2025 Fresno General Plan Mitigation Monitoring Checklist dated Jul 25, 2014. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigationImpact Incorporated VIII.HAZARDS AND HAZARDOUS MATERIAL -- Would the project: a)Create a significant hazard to the public or the environment through the X routine transport,use, or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? -18- ENVIRONMENTAL ISSUES 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 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? 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? 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? Potentially Significant Impact -19- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x x x x x There are no known existing hazardous material conditions on the site and the project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project itself will not generate or use hazardous materials in a manner outside health department requirements, is not near any wildland fire hazard zones, and poses no interference with the City's or County's Hazard Mitigation Plans or emergency response plans. The subject site has not been under cultivation for several years. No pesticides or hazardous materials are known to exist on the site and the proposed project will have no environmental impacts related to potential hazards or hazardous materials as indentified above. The subject property is not located within an airport land use plan and is not within the vicinity of a private airstrip. Therefore, there will be no impacts related to hazards. ENVIRONMENTAL ISSUES IX.HYDROLOGY AI\ID WATER QUALITY -- Would the project: 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? Potentially Significant Impact -20- Less Than Significant with Mitigation Incorporated X X Less Than No Significant Impact Impact X ENVIRONMENTAL ISSUES 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? f) Otherwise substantially degrade water quality? g) Place housing within a 1DO-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 1DO-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 -21- Less Than Significant with Mitigation Incorporated x x Less Than No Significant Impact Impact x x x x x Fresno is one of the largest cities in the United States still relying primarily on groundwater for its public water supply. Surface water treatment and distribution has been implemented in the northeastern part of the City, but the city is still subject to an EPA Sole Source Aquifer designation. While the aquifer underlying Fresno typically exceeds a depth of 300 feet and is capacious enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation ,increasingly stringent water quality regulations, and an historic trend of high consumptive use of water on a per capita basis (some 250 gallons per day per capita),have resulted in a general decline in aquifer levels ,increased cost to provide potable water,and localized water supply limitations. Fresno has attempted to address these issues through metering and revisions to the City's Urban Water Management Plan (UWMP). The Fresno Metropolitan Water Resource Management Plan, which has been adopted and the accompanying Final EIR (SCH #95022029)certified, is also under revision. The purpose of these management plans is to provide safe, adequate, and dependable water supplies in order to meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. City water wells ,pump stations, recharge facilities, water treatment and distribution systems have been expanded incrementally to mitigate increased water demands and respond to groundwater quality challenges . The adverse groundwater conditions of limited supply and compromised quality have been well-documented by planning,environmental impact report and technical studies over the past 20 years including the Master Environmental Impact Report No.1 0130 for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117, and Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan), et a!. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations;low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. In accordance with the provisions of the 2025 Fresno General Plan and Master EIR No. 10130 mitigation measures ,project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project. The City has indicated that groundwater wells, pump stations, recharge facilities,water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The City of Fresno Department of Public Utilities,Water Division has reviewed the proposed project and has determined that water service will be available to the proposed project subject to payment of applicable connection charges and fees and compliance with The Department of Public Works standards,specifications,and policies. Since the project is to develop an 80-unit Senior Living facility instead of a commercial project ,there are no aspects of this project that will result in impacts to water supply or -22- quality beyond those analyzed in the Master Environmental Impact Report No. 10130/SCH No.2001071097 for the 2025 Fresno General Plan or MND .The project will not substantially alter existing drainage patterns of the site or area or substantially increase the rate or amount of runoff in a manner which would result in flooding, exceed planned storm water drainage systems ,or provide substantial sources of polluted runoff. The site is not located within a flood prone or hazard area. The subject property is proposed to be developed at intensity and scale permitted by the planned land use and proposed zoning designation for the site. It should be noted that the land use change will result in a slight decrease (approximately 7%) in water usage (from 17.5 acre/feet per year for the community commercial land use designation to 16.3 acre/feet per year for the medium high density residential land use designation). Thus ,the proposed development project will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation, resulting in additional impacts on water supply from increased demand. Mitigation Measures 1.The proposed project shall implement and incorporate, the hydrology and water quality related mitigation measures as identified in the attached Master Environmental Impact Report NO.10130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25,2014. ENVIRONMENTAL ISSUES X.LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 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? Potentially Significant Impact -23- Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact x x c) Conflict with any applicable habitat Xconservation plan or natural community conservation plan? Although not consistent with the Exhibit 3 of the General Plan Land Use Map, the proposed project will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. In fact the proposed land use designation and zoning designation is far less intense than the current designations. The proposed project is found to be consistent with the applicable 2025 intensity denoted in the 2025 General Plan and to be consistent with goals and policies of the 2025 General Plan and Bullard Community Plan. The project will not conflict with any conservation plans since it is not located within any conservation plan areas. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith 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? 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? The subject property is not located in an area designated for mineral resource preservation or recovery. -24- ENVIRONIVIENTAL 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? 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? 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? Potentially Significant Impact Less Than Significant with Mitigation Incorporated X Less Than Significant Impact X X X No Impact X X In developed areas of the community, noise conflicts often occur when a noise sensitive -25- land use is located adjacent to a noise generator. Noise in these situations frequently stems from on-site operations, use of outdoor equipment ,uses where large numbers of persons assemble, and vehicular traffic. Some land uses ,such as residential dwellings, are considered noise sensitive receptors and involve land uses associated with indoor and/or outdoor activities that may be subject to stress and/or significant interference from noise. The subject site is located in the vicinity to the Burlington Northern/Santa Fe Railroad mainline and adjacent to the Figarden Loop. The railroad noise was previously addressed with the single family planned development to the north/northeast of the property. The major street is also a source of noise. However ,the City of Fresno Noise Element of the 2025 Fresno General Plan establishes a land use compatibility criterion of 60dB DNL for exterior noise levels in outdoor activity areas of new residential developments, or up to 65dB with best available noise reduction building design . Outdoor activity areas generally include open areas, private patios, etc. of multiple family residential developments. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation . Furthermore ,the Noise Element also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. The subject property is located within 60-65 CNEL, dB ranges for Figarden Avenue. The Fresno Municipal Code deems 60-65 CNEL dB to be the ambient noise level for residential if located in a rail line corridor---this site is only 1,400 feet away but there are many two-story apartments and houses between the site and the rail line which will buffer the noise level to some degree. Some increases in ambient noise levels will occur during the time of construction, but project construction will be limited to normal business hours (lam to Ipm)to minimize the impact on the adjacent neighborhood. Construction activities associated with the development of the proposed project could expose persons or structures to excessive groundborne vibration or noise levels. Conditions of approval related to construction related activity will require incorporation of noise reduction measures into their construction activity. However, this would only be during the construction phase of the proposed project and thus, this is a less than significant impact. Therefore, there is no evidence that the future use of the subject property will create a significant increase in ambient noise levels which may have the potential to impact any noise sensitive receiptors within the project area beyond those previously analyzed. -26 - Although the project could create additional activity in the area, the project will be required to comply with all noise policies from the 2025 Fresno General Plan and noise regulations from the Fresno Municipal Code. Therefore, no significant effects will occur from either transportation or stationary noise sources and the proposed project will not expose persons to excessive noise levels. Mitigation Measures 1.The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25,2014. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith Significant ImpactImpact Mitigation Impact Incorporated XIII. POPULATION AND HOUSING - - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes X and businesses)or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing ,necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? The 8 .21 site is currently designated as community commercial planned land use and is proposed to be designated medium high density residential planned land uses. The addition of a maximum of 80 senior housing units would not induce substantial population growth. The project would not displace housing as the site is currently -27- vacant. As previously noted this is a senior housing project designed for those aged 55 or older. According to the California Department of Aging the population in Fresno County for those aged 60 to 85 will increase 100% between 1990 and 2020. And over that same period the demand from residents aged 85 and older will increase by 50%. No population and housing impacts will result from the proposed project beyond what was analyzed in the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated 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: Fire protection? X Police protection? X Drainage and flood control? X Parks?X Schools?X Other public services? X The Department of Public Utilities has reviewed the proposed project and has determined that adequate sewer (memo dated June 19, 2014), water (memo dated -28- June 6, 2014 ), and solid waste facilities (memo dated June 6, 2014) are available subject to compliance with the conditions submitted by the Department of Public Utilities for this project. City police (memo dated June 3, 2014) and fire protection services (memo dated June 11,2014)are also available to serve the proposed project. Finally, the Fresno Metropolitan Flood Control District (memos dated June 13, 2014) has indicated that there are adequate facilities to serve the proposed project subject to compliance with the conditions submitted by the District for the proposed project. These departments and agencies have all submitted conditions that will be required as Conditions of Approval for a future entitlement application.These conditions of approval will ensure that the proposed project will have a less than significant impact to urban services. All conditions of approval must be complied with prior to occupancy. When the site is developed the proposed project will have to pay any applicable school fees. 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. Mitigation Measures 1. The proposed project shall implement and incorporate, the public services related mitigation measures as identified in the attached Master Environmental Impact Report No.1 0130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25, 2014. 2. The proposed project shall implement and incorporate, the public service related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated July 25, 2014. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated XV. RECREATION -- -29- 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 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. There is an existing 7-acre "baseball" park located about a half mile from the proposed senior living project. About two-thirds of the park is for the exclusive use as a baseball diamond while the remainder of the site is a passive park with benches and tables and play structures. The park is handicapped accessible and would be appropriate for residents of the proposed senior living complex. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated XVI.TRANSPORTATION/TRAFFIC - - Would the project: -30- ENVIRONMENTAL ISSUES 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? 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? Potentially Significant Impact -31- Less Than Significant with Mitigation Incorporated x Less Than No Significant Impact Impact x x x x Less Than Potentially Significant Less Than NoENVIRONIVIENTALISSUESSignificantwithSignificantImpactImpact Mitigation Impact Incorporated f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian Xfacilities, or otherwise decrease the performance or safety of such facilities? The proposed project will have ingress and egress from Gates Avenue, which is a cul- de-sac and is a Local Street. The main ingress and egress entrance will be off of Figarden Drive which is designated as an Arterial. There are no bus routes in the vicinity of the proposed senior living facility According to the Applicant, the highest number of employees at the clubhouse site at anyone time would be 2. This would translate into the need to provide 1 bike rack at the swim club based on the City's policy of providing 10% of the number of employees. However,applicant intends to install 6 bike racks at the clubhouse. The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed plan amendment and rezoning and use of the subject property and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in MEIR NO.1 0130. A Limited Traffic Analyses done by the Traffic Division of the Public Works Departments indicated that the proposed land use designation of Medium Density Multiple Family Residential would generate 528 Average Daily Traffic (ADT). The current land use designation of Community Shopping Center would generate an ADT of 3,827. Therefore, the proposed project will actually reduce the average daily traffic (ADT) by 84% over the currently approved community commercial land use designation. Furthermore, the streets and intersections adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated. Therefore, the traffic volume increases are insignificant with respect to the total volume that these adjacent roadways were designed and built to accommodate and no substantial increase in transportation or traffic is expected to result. 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 -32- the traffic generating characteristics of, individual propert ies and, at the same time, afford the community an adequate and efficient circulation syste m;no substantial increase in transportation or traffic is expected to result. Mitigation Measures 1. The proposed project shall implement and incorporate ,the transportation/traffic related mitigation measures as identified in the attached Master Environmental Impact Report NO .1 0130--2025 Fresno General Plan Mit igation Monitoring Checklist dated July 25,2014. 2. The proposed project shall implement and incorporate ,the t ransportation/traffic related mitigation measures as identified in the attached Project Specific Mitigation Monitoring Checklist dated July 25 ,2014. Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwith S ignificant ImpactImpactMitigation Impact Incorporated XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or X 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 X existing facilities, the construction of which could cause significant environmental effects? -33- ENVIRONMENTAL ISSUES 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? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x x x x The Department of Public Utilities has determined that adequate sanitary sewer and water services will be available to serve the proposed project subject to the payment of any applicable connection charges and/or fees;compliance with the Department of Public Utilities standards,specifications,and policies; the rules and regulations of the California Public Utilities Commission and California Health Services; and, completion of incremental expansions to facilities for planned water supply, treatment, and storage as identified within MEIR No.1 0130 The project site will be serviced by the Solid Waste Division (memo dated June 6,2014) and will have water (memo dated June 6, 2014 and sewer facilities (memo dated June 19, 2014) available subject to the conditions stipulated for the proposed project. The proposed project will not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. -34- Mitigation Measures 1. The proposed project shall implement and incorporate,the utilities and service systems related mitigation measures as identified in the attached Master Environmental Impact Report NO.10130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25, 2014. ENVIRONMENTAL ISSUES XVIII.MANDATORY FINDINGS OF SIGI\IIFICANCE -- 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)? Potentially Significant Impact -35- Less Than Significant with Mitigation Incorporated Less Than No Significant Impact Impact x X Less Than Potentially Significant Less Than NoENVIRONMENTALISSUESSignificantwithSignificantImpactImpactMitigation Impact Incorporated c)Does the project have environmental effects which will cause substantial adverse effects on X human beings, either directly or indirectly? 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 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. -36- MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 I SCH No.2001071097 ENVIRONMENTAL ASSESSMENT NO. A-09-02 FINDING OF MITIGATED NEGATIVE DECLARATION FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No. Plan Amendment Application No.A-14-002,Rezone Application No.R-14-002,Conditional Use Application No.C-14-012 Date:July 25,2014 Mitigation Monitoring Checklist Following is the mitigation monitoring checklist from MEIR No.1 0130 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 cert ify 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 rev ised mit igation measures as necessary within the following monitoring checklist. NOTE:Letters B-Q in mitigat ion measures refer to the respective sections of Chapter V of MEIR No.1 0130 A - Incorporated into Project 8 -Mitigated C - Mitigation in Progress D - Responsible Agency Contacted E -Part of City-wide Program F - Not Applicable WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY 8-1.Development projects that are consistent with plans and policies but that Prior to approval Public Works XIXI I X I Icouldaffectconditions on major street segments predicted by the General of land use Dept.ITraffle ~~ Plan MEIR traffic analysis to perform at an Average Daily Traffic (ADT) level of entitlement Planning ; service (LOS) D or better in 2025 ,with planned street improvements,shall not Development &•cause conditions on those segments to be worse than LOS E before 2025 Resource without completing a traffic and transportation evaluation. Th is evaluation will Managemen t _. be used to determine appropriate project-specific design measures or Dept. street/transportation improvements that will contribute to achiev ing and maintaining LOS D .• 8-2.Development projects that are consistent with plans and policies but that Prior to approval Public Works I I I X I Ixcould affect conditions on major street segments predicted by the General of land use Dept.ITraffic Plan MEIR traffic analysis to perform at an ADT LOS E in 2025, with planned entitlement Planning; street improvements,shall not cause conditions on those segments to be Development &'" worse than LOS E before 2025 without completing a traffic and transportat ion Resource ~o .;j.evaluation.This evaluation will be used to determine appropriate project-Management specific design measures or street/transportation improvements that will Dept. contribute to achieving and maintaining LOS E... MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date: July 25,2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C 0 E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY B-3.Development projects that are consistent with plans and policies but that could affect condit ions 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 transportat ion evaluation.This evaluation will be used to determ ine 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 vic ratio is est imated 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.1Traffic Planning; Development & Resource Management Dept. I I I I I X ~.......--.'_....- r':;:__ 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. Th is 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 veh icular circulation and access to major streets (number, location and des ign of driveway approaches),and linkages to bicycle/pedestrian circulation systems and transit serv ices. b. In addition ,for development projects that the City determines may generate a projected 100 or more peak hour vehicle trips (e ither in the morning or evening), the evaluation shall determ ine the project's contribution to increased peak hour vehicle delay at major street intersections adjacent or proximate to the project site. The evaluat ion shall identify project responsibilities for intersection improvements to reduce Page 2 Prior to approval of land use entitlement Public Works Dept.1Traffic Planning; Development & Resource Management Dept. Xl I I X I r ~~ .,:' A -Incorporated into Project B - Mitigated C - Mitigation in Process o-Responsible Agency Contacted E - Part of City-Wide Program F - Not Appl icable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR)NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date:July 25,2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN COMPLIANCE A B C D E FIMPLEMENTEDVERIFIEDBY 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 evaluat ion to reference the criteria , presented in Caltrans Guide for the Preparation of Traffic Impact Studies. ;o-j"~ B-5.Circulation and site design measures shall be considered for Prior to approval Public Works X X development projects so that local trips may be completed as much as of land use Dept.fTraffic --possible without use of, or with reduced use of, major streets and major street entitlement Planning; intersections.Appropriate consideration must also be given to compliance Development & _. X: with plan policies and mitigation measures intended to promote compatibility Resource between land uses with different traffic generation characteristics.Management Dept..-~l?!- B-6.New development projects and major street construction projects shall Prior to approval Public Works Xl I I X I Ibe designed with consideration and implementation of appropriate features or prior to funding Dept.fTraffic -(considering safety ,convenience and cost-effectiveness)to encourage of major street Planning; walking, bicycling ,and public transportation as alternative modes to the project.Development &".-, ~automobile.Resource ... Management ," Dept.'" B-7.Bicycle and pedestrian travel and use of public transportation shall be Ongoing Public Works Xl I I I X Ifacilitated as alternative modes of transportation including, but not limited to,Dept.fTraffic ,-;;provision of bicycle, pedestrian and public transportation facilities and Planning;.- ~I ~. improvements to connect residential areas with public facilities, shopping and Development &.", employment.Adequate rights-of-way for bikeways ,preferably as bicycle Resource ~ lanes, shall be provided on all new major streets and shall be considered ~ Page 3 A -Incorporated into Project B - Mitigated C - Mitigation in Process D - Responsible Agency Contacted E - Part of City-Wide Program F -Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002lR-14-002/C-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY when designing improvements for existing major streets.Management Dept. C-1.In cooperation with other jurisdictions and agencies in the San Joaquin Ongo ing Development &Xl I I X I IValley Air Bas in ,the City shall take the follow ing necessary actions to achieve Resource .~and mainta in compliance with state and federal air quality standards and Management :.:...." programs.Dept. Develop and incorporate air quality maintenance conside rations into the :'.a.'"preparation and review of land use plans and development proposals .~ ~ '-t;: 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.~.f City departments preparing environmental rev iew documents shall use i'~c. computer models (software approved by local and state air quality and .:,. congestion management agencies) to est imate a ir 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 .,~ "f... Continue to route information regarding land use plans,development ~e.-. c-. projects, and amendments to development regu lations to the SJVAPCD ~;;.....'=:lIfor that agency's review and comment on potential air quality impacts. ;:! ~.;.....~~ Page 4 A - Incorporated into Project B -Mitigated C -Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date:July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY C-2.For development projects potentially meeting SJVAPCD thresholds of Ongoing Development &Xl I I X I Isignificanceand/or thresholds of applicability for the Indirect Source Rev iew Resource ....!filii",.,-Rule (R ule 9510) in their unmitigated condition ,project applicants shall Management Dept u- complete the SJVAPCD Indirect Source Review Application prior to approval and of the development project. Mitigation measures incorporated into the ISR SJVAPCD e analysis shall be incorporated into the project as cond itions of approval and/or mitigation measures ,as may be appropriate. C-3.The City shall implement all of the Reasonably Available Control Ongoing Various city I I I I X IMeasures (RACM)identified in Exhib it A of Resolution No. 2002-119, adopted departments ;-::- by the Fresno City Council on April 9, 2002. These measures are presented in full detail in Table VC-3 of the MEIR.~~ C-4.The City shall continue efforts to improve technical performance ,I Ongoing emissions levels and system operations of the Fresno Area Express trans it system ,through such measures as : a.Selecting and maintaining bus engines, transmissions, fuels and air condition ing equipment for eff iciency and low air pollution emissions. b. Siting new transit centers and other multi-modal transportation transfer facilities to maximize utilization of mass transit. c. Continu ing 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 Page 5 Fresno Area Express I I I I X I A -Incorporated into Project B - Mitigated C - Mitigation in Process D - Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 I SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A·14·002/R·14·002lC·14·012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN COMPLIANCE A B C D E FIMPLEMENTEDVERIFIEDBY their incentive programs for reducing single-passenger vehicle use.- ~5 -~' ":~c..~ ":. ,-',., 0-1.The City shall monitor impacts of land use changes and development Ongoing Dept of Public Xl I X I I X Iproject proposals on water supply facilities and the groundwater aquifer.Utilities and Development &~ Resource ,<;;•Management :i? Dept.~IN M 0-2.The City shall ensure the funding and construction of facilities to mitigate Ongoing (City-Department of I I X I X I X Ithedirectimpacts of land use changes and development within the 2025 wide); and prior to Public Utilities and General Plan boundar ies .Groundwater wells, pump stations ,intent ional approval of land Development &~ recharge facilities, potable and recycled water treatment and distribut ion use entitlement as Resource -~ systems shall be expanded incrementally to mitigate increased water applicable Management -e '~ demands.Site specific environmental evaluations shall precede the Dept....,. construction of these facilities .Results of this evaluation shall be incorporated • into each project to reduce the identified environmental impacts.- ., ,.-~.~ 0-3.The City shall implement the future water supply plan described in the Ongoing Department of I I I I X ICity of Fresno Metropolitan Water Resources Management Plan Update and Public Utilities ,...~..-: shall continue to update this Plan as necessary to ensure the cost-effective --~::~I use of water resources and continued availability of good-quality groundwater and surface water supplies..'.cJ:; Page 6 A -Incorporated into Project B - Mitigated C - Mitigation in Process o-Respons ible Agency Contacted E -Part of City-W ide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No."A-14-002/R-14-002/C-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY D-4.The City shall work with the Fresno Metropolitan Flood Control District to Ongoing Development &Xl I I X I X Ipreventandreducetheexistenceof urban stormwater pollutants to the Resource --~.:- maximum extent practical and ensure that surface and groundwater quality,Management - public health, and the environment shall not be adversely affected by urban Dept. runoff,and shall comply with NPDES standards..':"c _ D-5.The City shall preserve undeveloped areas within the 1OO-year floodway Ongoing Development &I I I I X Iwithin the city and its general plan area ,particularly the San Joaquin Resource ;.,--Riverbottom,for uses that will not involve permanent improvements which Management .~ would be adversely affected by periodic floods.The City shall expand this Dept.-- protected area in the Riverbottom pursuant to expanded floodplain and/or floodway maps,regulations,and policies adopted by the Central Valley Flood A .->~ Protection Board and the National Flood Insurance Protection Program..-, D-6.The City shall establish special building standards for private structures ,Ongoing Development &I I I IXIXpublicstructuresandinfrastructureelementsin the San Joaquin Riverbottom Resource that will protect:Management e - a .Allowable construction in this area from being damaged by the intensity of Dept. 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.-..iOII ....:.;• D-7.The City shall advocate that the San Joaquin River not be channelized Ongoing Development &I I I IXIXand that levees shall not be.used in the river corridor for flood control,except Resource .~."..'-' those alterations in river flow that are approved for surface mining and Management -.%1-..1.-",.- Page 7 A -Incorporated into Project B -Mitigated C .Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date:July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY subsequent reclamation activities for mined sites (e.g.,temporary berms and small side-channel divers ions to control water flow through ponds). Dept. 0-8.The City shall maintain a comprehensive,long-range water resource Ongoing Department of Xl I X I X I Imanagementplan that prov ides for appropriate management and use of all Public Utilities iii :J,~ sources of water available to the planning area, and shall periodically update " this plan to ensure that sufficient and sustainable water supplies of good .=f. quality will be economically available to accommodate existing and planned -~'";:; urban development.Project-specific and city-wide water conservation tj ;;: measures shall be directed toward assisting in reaching the goal of balancing :::I c-~ ;~~ City groundwater operations by 2025 . ~ 0-9.The City shall continue its current water conservation programs and Ongoing Department of I I X I X I Iimplementadditionalwaterconservationmeasures to reduce overall per Public Utilities .:..,.;. capita water use within the City with a goal of reducing the overall per capita :i!~ water use in the City to its adopted target consumption rate. The target per ."i'3 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 ""l anticipated water conservation resulting from the on-going residential water ;.:~ metering program and addit ional water conservation by all customers :5% by Ji 2010, and an additional 5% by 2020.),,;;ii,~..-.:M-... 0-10.All development projects shall be required to comply w ith City Prior to approval Department of Xl I I X I IDepartmentof Public Utilities conditions intended for the City to reach its of land use Public Utilities -.overall per capita water consumption rate target.Project conditions shall entitlement .. :::; include, but are not limited to ,water use efficiency for landscaping ,use of ~artificial turf and native plant materials, reducing turf areas, and discourag ing ,-~ _..:. the development of artificial lakes ,fountains and ponds unless only untreated '"..,.)~irI; Page 8 A - Incorporated into Project 8 -Mitigated C - Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 I SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A·14·002/R·14·002lC·14·012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN COMPLIANCE A B C D E FIMPLEMENTEDVERIFIEDBY surface water or recycled water supplies are used for these decorative and ,.;,-~.. recreational water features ,as appropriate and sanitary.". I>i -.- D-11.When and if the City adopts a formal management plan for recycled Prior to approval Department of I I I X I Ixand/or reclaimed water, all development shall comply with its standards and of development Public Utilities ~--requirements.Absent a formal management plan for recycled and/or project 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. Page 9 A -Incorporated into Project B - Mitigated C - Mitigation in Process D - Respons ible Agency Contacted E -Part of City-Wide Program F -Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A·14·002/R·14·002/C·14·012 Date:July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIED BY D-12. All applicants for development projects shall provide data (meeting City Prior to approval Department of I I IXI IXDepartmentof Public Utilities criteria for such data) on the anticipated annual of development Public Utilities ~~~water demand and daily peak water demand for proposed projects.If a project ,~ development project would increase water demand at a project location (or for Zi'~. a type of development)beyond the levels allocated in the vers ion 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 w ill 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 ~~,~,r!' Table 6-4 of the 2008 UWMP as follows: ',- .. FOR GROSS DEVELOPED PER-UNIT FACTORS,in acre-ft/acre/yr,for '" PROJECT ACREAGE OF THE projects projected to be completed '."C~:te-~ '.~~FOLLOWING DEVELOPMENT during these intervals:~~,~ CATEGORIES 01/01/2005 01/01/2010 ~; ~==(Analysis shall include acreage THROUGH THROUGH AFTER to all street centerlines.)12/31/2010 12/31/2024 01/01/2025 ~~... .:..i 6 Single family residential 3.8 3.5 3.5 oF ..Multi-family residential 6.5 6.2 6 .2 ~~. Commercial and institutional 2 1.9 1.9 c, :.:.0:::;, Industrial 2 1.9 1.9 ~.~'i:! oi;l! Page 10 A -Incorporated into Project B -Mitigated C - Mitigation in Process D -Responsible Agency Contacted E -Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002lC-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN COMPLIANCE A B C D E FIMPLEMENTEDVERIFIEDBY -~":"'f..:P""g Landscaped open space 3 2.9 2.9 South East Growth Area 3.4 3 .2 3.2 .:: NOTE :The above landuse classifications and demand allocation factors maybe .c;.:.;;amended in future updates ofthe Urban Water Management Plan '-, "~ D-13.The City will conform to the requirements of Waste Discharge Ongoing Department of I I I I X IRequirementsOrder 5-01-254 ,including groundwater monitoring and Public Utilities -subsequent Best Practical Treatment and Control (BPTC)assessment and , findings.'- E-1 .The City shall continue to implement and pursue strengthening of urban Ongo ing Development &I I I I X Igrowthmanagementservice delivery requirements and annexation policy Resource -~.. agreements, including urging that the county continue to implement similar Management measures within the boundar ies of the 2025 Fresno General Plan, to promote Dept." contiguous urban development and discourage premature conversion of agr icultural land.~- E-2.To minimize the inefficient conversion of agricultural land ,the City shall Ongoing Development &I I X I I X Ipursue the appropriate measures to ensure that development within the Resource planned urban boundary occurs consistent with the General Plan and that Management "urban development occurs within the city's incorporated bounda ries.Dept. E-3.The City shall pursue appropriate measures, including recordation of I Ongoing Page 11 Development & A -Incorporated into Project B - Mitigated C - Mitigation in Process D - Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectiEA No.A-14-002/R-14-002lC-14-012 Date:July 25,2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN COMPLIANCE A B C D E FIMPLEMENTEDVERIFIEDBY right to farm covenants,to ensure that agricultural uses of land may continue Resource -~ within those areas of transition where planned urban areas interface with Management planned agricultural areas .Dept. '";;:co:."'.-,...- E-4.Development of agr icultural land, or fallow land adjacent to land I Ongoing 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 res idential uses adjacent to agr icultural lands . c.Informing residents about possible exposure to agricultural chemicals . d.Where feasible and permitted by law ,exploring opportunities for agr icultural operators to cease aerial spraying of chem icals and use of heavy equipment near proposed residences. e.Recordation of right to farm covenants to ensure that agricultural uses of land can continue. Development & Resource Management Dept. I I I I I X r-_.j:> 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 w ith the Wastewater Master Plan .Where appropriate,the City will coordinate w ith the City of Clovis and othe r agencies to ensu re that planning and construction of facilities address regional needs in a comprehensive manner. = Ongoing I Dept. of Public Utilit ies and .- Development & Resource Management Dept. I -~..~ A -Incorporated into Project B -Mitigated Page 12 C -Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002lC-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY F-2.The City shall continue the development and use of citywide sewer flow Ongoing Dept. of Public I I I X I Imonitoring and computerized flow modeling to ensure the availability of sewer Utilities ...... collection system capacity to serve planned urban development.=.= F-2-a.The City shall provide for containment and management of leathers Ongoing Dept. of Public I I I IXIXand sludge adequate to prevent groundwater degradation.Utilities ..-~~~_. c Pi'';': F-3.The City shall ensure the provision of adequate sewage treatment and I Ongoing 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 . Dept. of Public Utilities I I X I X I I ,.•..,.."i F-4.The City shall ensure that adequate trunk sewer capacity exists or can be Ongoing/prior to Dept. of Public Xl I I X I Iprovided to serve proposed development prior to the approval of rezoning,approval of land Utilities and '=special permits, tract maps and parcel maps, so that the capacities of existing use entitlement Development & ~facilities are not exceeded.Resource Management Page 13 A -Incorporated into Project B - Mitigated C - Mitigation in Process D - Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO. 10130 I SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A·14·002/R·14·002lC·14·012 Date:July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY F-5.The City shall provide adequate solid waste facilities and services for the Ongo ing/prior to Dept. of Public Xl I I X I Icollection,transfer, recycling ,and disposal of refuse for ex isting and planned construction Utilities "'"..-development within the City's jurisdiction.Site specific environmental ,;,~~,evaluation shall precede the construction of these facilities. Results of this ;....;r;,~ evaluation shall be incorporated into each project to reduce the identified ; [?l ~~'-:; environmental impacts. G-1.Site specific environmental evaluation shall precede the construction of Ongo ing/prior to Fire Dept/Police I I I I IXnew police and fire protection facil ities .Results of this evaluation shall be construct ion Dept/--~.,'-incorporated into each project to reduce the identified environmental impacts.Development &.~~ Resource -~ Management Dept. ,~ ;,-~ H-1.Site specific environmental evaluation shall precede the construction of Ongo ing/prior to Parks and I I I I IXnew public parks. Results of this evaluation shall be incorporated into the park construction Recreation Dept..-"'"... design to reduce the environmental impacts.&;-:;- Iii Development &-:..'~l'!","~'",l Page 14 A -Incorporated into Project B - Mitigated C - Mitigation in Process D - Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date: July 25,2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY 1-1.Projects that could adversely affect rare ,threatened or endangered Ongoing/prior to Development &I I I I IXwildlife and vegetative species (or may have impacts on wildlife ,fish and approval of land Resource vegetation restoration programs) may be approved only with the consent of use entitlement Management the California Department of Fish and Game (and the U.S.Fish and Wildlife Dept.:"'J Service, as appropriate)that adequate mitigation measures are incorporated into the project's approval. ~ 1-2.Where feasible,development shall avoid disturbance in wetland areas ,Ongoing/prior to Development &I I I I IXincluding vernal pools and riparian commun ities along rivers and streams .approval of land Resource _. Avoidance of these areas shall including siting structures at least 100 feet from use entitlement Management the outermost edge of the wetland. If complete avo idance is not possible, the Dept."':::-"7..~~'7disturbanceto the wetland shall be minimized to the maximum extent possible , with restorat ion of the disturbed area provided. New vegetation shall consist of native species similar to those removed.r, 1-3.Where wetlands or other sensitive habitats cannot be avoided,Ongoing/prior to Development &I I I I IXreplacementhabitat at a nearby off-site location shall be provided. The approval of land Resource .. replacement habitat shall be substantially equivalent in nature to the habitat use entitlement Management lost and shall be provided at a ratio suitable to assure that, at a minimum,and during Dept. ~there is no net less of habitat acreage or value.Typically,the U.S. Fish and construction Wildlife Serv ice and California Department of Fish and Game require a ratio of three replacement acres for everyone acre of high quality riparian or wetland r-? habitat lost. Page 15 A - Incorporated into Project B - Mit igated C -Mitigation in Process o -Responsible Agency Contacted E -Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE WHEN COMPLIANCE A B C D E FIMPLEMENTEDVERIFIEDBY 1-4.Existing and mature riparian vegetation shall be preserved to the extent Ongoing/prior to Development &I I I I IXfeasible, except when trees are diseased or otherwise constitute a hazard to approval of land Resource persons or property.During construction ,all activities and storage of use entitlement Management ""equipment shall occur outside of the drip lines of any trees to be preserved. and during Dept. construction 0 ~ -....- 1-5.With in the identified riparian corridors ,environmentally sensitive habitat Ongoing/prior to Development &I I I I IXareas shall be protected against any significant disruption of habitat values approval of land Resource and only uses consistent with these values shall be allowed (e.g.,nature use entitlement Management educat ion and research, fishing and habitat enhancement and protection).and during Dept..".construction .•.~iii 1-6.All areas within identified riparian corridors shall be maintained in a Ongoing/prior to Development &I I I I IXnatural state or limited to recreation and open space uses. Recreation shall approval of land Resource be limited to passive forms of recreation ,with any facilities that are use entitlement Management .,~--" constructed required to be non-intrusive to wildlife or sensitive species.and during Dept.z .. construction ~,-. J-1.If the site of a proposed development or publ ic works project is found to I Ongoing/prior to Page 16 Development & A -Incorporated into Project B - Mit igated C - Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F -Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002lC-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist MITIGATION MEASURE 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 cover ing 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 protect ive cover over them. e.Avoiding public disclosure of the location of these resources until or unless the site is adequately protected from vandalism or theft. WHEN COMPLIANCE ~IFIMPLEMENTEDVERIFIEDBY approval of land Resource - use entitlement Management Dept. J-2.An archaeological assessment shall be conducted for the project if Ongoing/prior to Development &Xl I I I X Iprehistorichuman relics are found that were not previously assessed during submittal of land Resource the environmental assessment for the project. The site shall be formally use entitlement Management ;: -;, recorded, and archaeologist recommendations shall be made to the City on application Dept.--.~'i:!" further site investigation or site avoidance/preservation measures. .. {' J-3.If there are suspected human remains, the Fresno County Coroner shall Ongoing Development &Xl I I I X Ibe contacted immediately.If the remains or other archaeological materials are Resource possibly of Native American origin, the Native American Heritage Commission Management ~ .c shall be contacted immediately,and the California Archaeological Inventory's Dept.! Historic 0:- Southern San Joaquin Valley Information Center shall be contacted to obtain a Preservat ion -,~-. Page 17 A - Incorporated into Project B -Mitigated C -Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No. 2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002/C-14-012 Date: July 25, 2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY referral list of recogn ized archaeologists .Commiss ion staff J-4.Where maintenance, repair stabilization ,rehab ilitation,restoration,Ongoing Development &I I I I IXpreservation,conservation or reconstruction of the historical resource will be Resource '. conducted consistent with the Secretary of the Interior 's Standards for the Management , Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,Dept.! Historic i"-... Restoring and Reconstructing Historic Buildings (Weeks and Grimmer,1995),Preservation Staff " 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 Ongoing Development &xl I X I I X Ipresented in Figure VK-2 for general planning purposes .Resource ~.... Management Dept.n .~....~ K-2.Any required acoustical analysis shall be performed as required by Ongoing/upon Development &Xl I I X I IPolicy H-1-d of the 2025 Fresno General Plan for development projects submittal of land Resource ..proposing residential or other noise sens itive uses as defined by Policy H-1-a ,use entitlement Management .. to provide compliance with the performance standards ident ified by Policies H-application Dept.- 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.~.' Page 18 A - Incorporated into Project B - Mitigated C - Mitigation in Process D -Responsible Agency Contacted E - Part of City-Wide Program F - Not Applicable MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) NO.10130/SCH No.2001071097 FOR THE 2025 FRESNO GENERAL PLAN ProjectlEA No.A-14-002/R-14-002lC-14-012 Date: July 25,2014 MEIR Mitigation Monitoring Checklist WHEN COMPLIANCE A B C D E FMITIGATIONMEASUREIMPLEMENTEDVERIFIEDBY K-3.The City shall continue to enforce the California Administrative Code ,Ongoing/prior to Development &I I I I X ITitle 24, No ise Insulation Standards .T itle 24 requires that an acoustical building permit Resource - analysis be performed for all new multi-family construction in areas where the issuance Management . exterior sound levels exceed 60 CNE L.The analysis shall ensure that the Dept. building design limits the interior noise environment to 45 CNEL or below .-~ L-1.Any construction that occurs as a result of a project shall conform to Ongoing Development &I I I I X Icurrent Uniform Building Code regulations which address seismic safety of Resource IL. new structures and slope requirements .As appropriate, the City shall require Management c ,"':"- --.- a preliminary so ils report prior to subdivision map review to ascertain s ite Dept.. 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 "",- ~aMines and Geology. N-1.The City shall cooperate with appropriate energy providers to ensure the Ongoing Development &Xl I I X I Iprovision of adequate energy generated and distribution facilities, includ ing Resource ~~ environmental review as required.Management ':;l Dept.:... ~ ;.;!:, ~ Q-1.The City shall establish and implement design guidelines applicable to all Ongoing Development &I I I IXIXcommercial and manufacturing zone distr icts .These design guidelines will Resource ~.;~- require consideration of the appearance of non-residential buildings that are Management ~;. visible to pedestr ians and vehicle drivers using major streets or are visible Dept.- from proximate properties zoned or planned for residential use.7:?~- Page 19 A -Incorporated into Project B - Mitigated C .Mitigat ion in Process D .Respons ible Agency Contacted E - Part of City-Wide Program F - Not Appl icable PROJECT-SPECIFIC MITIGATION MONITORING CHECKLIST For Plan Amendment Application No.A-14-002,Rezone Application No.R-14-002,and Conditional Use Permit Application No.C-14-012 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 Plan Amendment Application No.A-14-002,Rezone Application No. R-14-002,and Conditional Use Permit Application No.C-14-012.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.1 0130 - 2025 Fresno General Plan, will be required upon the application for subdivision of the project site,special permits ,or grading on the project site. The captions below refer to corresponding sections of the Initial Study checklist for this project, using the Appendix G format from the CEQA Guidelines. MITIGATION MEASURES FOR ENVIRONMENTAL ASSESSMENT NO.A-14-002/R-14-002/C-14-012 MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY Project shall implement and incorporate,as Applicant Processing and reviewof project City of FresnoDevelopment appropriate all mitigation measures as identified proposal priorto approval.&Resource Management in the attached Master Environmental Impact Department Report No. 10130--2025 Fresno General Plan Mitigation Monitoring Checklist dated July 25, 2014. Pay applicable Indirect Source Review off-site Applicant Priorto issuanceof permits.City of FresnoDevelopment mitigationfee.&Resource Management Departmentand San JoaquinValleyAir Pollution ControlDistrict Project shall comply with all of the requirements Applicant Priorto issuanceof building permits City of FresnoDevelopment stipulated within the attached memorandum for future residential units.&ResourceManagement from the Department of Public Utilities-Water Department; Divisiondated June 6, 2014. -On-sitewater facilities shall be private. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLISTFOR EA No.A-14-002/R-14-002/C-14-012 July 25,2014 Page 2 -Installation of water service(s) and meter box(es)shall be required . -The developer shall prov ide a detailed water usage analysis identifying ,water fixture, landscape and laundry efficiencies to document water conservation des ign characteristics subject to approval by the Director of Publ ic Util ities . -The development shall incorporate water use efficiency for landscaping including the 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. -Two independent sources of water ,meeting Federal and State Drinking Water Act Standards, are required to serve the project including any subsequent phases thereof.The two-source requirement may be accomplished through any combination of water main extensions ,construction of supply wells ,or other acceptable sources of water supply approved by the Assistant Public Utilities Director. -Pay applicable Water Connect ion Charges City of Fresno Department of Public Utilities ,Water Division; Fresno Metropolitan Flood Control District. Approval of any future development entitlements I Applicant on the subject s ite must comply w ith all goals and policies contained in the 2025 Fresno General Plan and the Bullard Community Plan . Entitlement processing City of Fresno Development &Resource Management Department. PROJECT-SPECIFIC MITIGATIONMONITORINGCHECKLISTFOR EA No.A-14-002/R-14-002/C-14-012 July 25,2014 Page 3 Project shall comply with all of the requirements I Applicant stipulated within the attached memorandum from the Public Works Department-Traffic and Engineering Services Division dated June 6, 2014 . Project shall comply with all of the requirements I Appl icant stipulated within the attached memorandum from the City Traffic Engineer dated June 6, 2014 related to the Traffic Impact Study prepared for the proposed project. -This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of $47.12 per ADT at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual and the Master Fee Schedule.The TSMI fee based on the project description and the current fee is $24 ,879.36.The fee shall be paid at time of build ing permit. -The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against signal installation/modifications and/or Intelligent Transportation System (ITS)improvements (constructed at their ultimate locat ion)that plan to build out the 2025 General Plan circulation element and are included in the Nexus Study for the TSMI fee. The TSMI fee is regularly updated as new traffic signals are added, new grant funds offsets developer improvement costs, and/or construction costs increase/decrease. Prior to issuance of building permits, street work perm its,etc .for future residential units Prior to recordation of Final Map; or , as may be deemed appropr iate by the City Traffic Engineer pr ior to respective approvals for building , street work permits ,etc. City of Fresno Development &Resource Management Department; City of Fresno, Public Works Department,Traffic Engineering Division City of Fresno Development &Resource Management Department; City of Fresno, Public Works Department,Traffic Engineering D ivision PROJECT-SPECIFIC MITIGATION MONITORING CHECKLISTFOR EA NO. A -14-002/R-14-002/C-14-012 July 25,2014 Page 4 If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required)and/or reimbursement for work in excess of their fee as long as the infrastructure is place at the ult imate location. The applicant should work with the public Works Department and identify,with a Professional Engineers estimate,the costs associated with the improvements prior to paying the TSMI fee to determine any applicable fee credits and/or reim bursements . Project specific impacts that are not cons istent with the 2025 General Plan, Public Works Standards ,and/or are not incorporated into the TSMI fees are not eligible for TSMI fee reimbursement unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next TSMI fee update and the applicant agrees to pay the new TSMI fee that includes the new infrastructure.Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a sign ificant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence . -This project shall pay its Fresno Major Street Impact (FMSI) Fee ,which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. PROJECT-SPECIFIC MITIGATION MONITORING CHECKLISTFOR EA No.A-14-002/R-14-002/C-14-012 July 25 ,2014 Page 5 -The project shall pay the Regional Transportation Mitigation Fee (RTMF).Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street,Suite 201 ,Fresno ,CA 93721; (559) 233-4148,ext. 200; www.fresnocoq.org.Provide proof of payment or exemption ,based on vesting rights ,prior to issuance of building permits. -The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the boundaries of the site boundaries per the City of Fresno standardslrequ irments . - -The proposed site plan s hall be rev iewed and approved by the City of Fresno Traffic & Engineering Services Division,Traffic Planning Section. -Note :The rights conferred through approval of a Vested Tentat ive Parcel Map (i.e .,the right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vested tentative map is approved ;including applicable fees) would apply regardless of any subsequent filings for ent itlements or approvals as long as the vested tentative map has not exp ired. Therefore ,the fees are set by the vested tentative parcel map and will not change as long as the vested tentative map is still active .The map shall record in order for a developer of a property to enjoy the vested rights conferred b'0 al!..9.QQJ.OvedY6stea"tentaITvem;p:- PROJECT-SPECIFIC MITIGATION MONITORING CHECKLISTFOR EA No .A-14-002/R-14-002/C-14-012 July 25,2014 Page 6 -Flood Control fee to the Fresno Metropolitan Applicant Prior to issuance of permits. City of Fresno Development Flood Control District of $37,420 ,&Resource Management Department -Install six bike racks for use by employee or Applicant Prior to issuance of permits.City of Fresno Development residents at the swim club &Resource Management Department RECEIVED ¡t111 SiP 23 fin 11 LT nEsoLUloN No. clTY cLERñnFffi€lQÂnoru oF THE couNctl oF THE ctry oF FRESNO, CALIFORNIA, TO AMEND THE 2025 FRESNO GENERAL PLAN AND THE BULLARD COMMUN¡TY PLAN (PLAN AMENDMENT APPLICATION NO. A-14-002) WHEREAS, on November 19, 2002, by Resolution No. 2002-379, the City Council adopted the 2025 Fresno General Plan which correspondingly adopted the Bullard Community Plan and by Resolution No. 2002-378 certifìed Master Environmental lmpact Report No. 10130 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence; WHEREAS, Giorgio Russo of the Ginder Corporation, on behalf of the John Allen Company, has filed an application to amend the land use designation of the aforementioned plans by changing the planned land use designation of the approximately 8.21 acre subject property, located on the north side of North Figarden Drive between West Bullard and North Gates Avenues, and depicted in Exhibit "A" attached hereto and incorporated herein by reference, from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation; WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in a Notice of lntent to Adopt a Mitigated Negative Declaration, filed with the Fresno County Clerk on July 25,2014; Date Adopted: Date Approved: Effective Date: City Attorney Approval: 'lof4 Resolution No. WHEREAS, on August 20, 2014, the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No. A-14-002 and the associated negative declaration prepared for Environmental Assessment No. A-14-002/R-14-008/C- 14-012; WHEREAS, the Fresno City Planning Commission took action, as evidenced in Planning Commission Resolution No. 13299, to recommend that the City Council approve Environmental Assessment No. A-14-002/R-14-0021C-14-012 and Plan Amendment Application No. A-14-002 which proposes to amend the planned land use designation for the subject property from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation; and, WHEREAS, on September 25, 2014, the Fresno City Council held a public hearing to consider Environmental Assessment No. A-14-002/R-14-0021C-14-012 and Plan Amendment Application No. A-14-002 and received both oral testimony and written information presented at the hearing regarding the environmental assessment and plan amendment application. NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that, with the mitigation imposed, Plan Amendment Application No, A-14-002 may have additional significant effects on the environment that were not identified in the 2025 Fresno General Plan Master Environmental lmpact Report No. 10130 ("ME|R') or Mitigated Negative Declaration 2of 4 ("MND') No. A-09-02 adopted for the Air Quality Update to the 2025 Fresno General Plan, and that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09- 02 have been applied to the project. ln addition, pursuant to Public Resources Code, Section 21157.6(b)(1), Council finds that no substantial changes have occurred with respect to the circumstances under which MEIR No. 10'130 was certified and MND No. A- 09-02/SCH No.2009051016 was adopted; and, that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Accordingly, the Council adopts the Mitigated Negative Declaration prepared for Environmental Assessment No, A-14-002/R-14-0021C-14-012 dated July 25,2014. 2. The Council finds the adoption of the proposed plan amendment as recommended by the Planning Commission is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A-14-002 amending the 2025 Fresno General Plan and Bullard CommunÍty Plan planned land use designation from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation , as depicted by Exhibit "A" attached hereto and incorporated herein by reference. ************** 3oÍ4 STATE OF CALIFORNIA ) COUNTYOF FRESNO ) ss. crTY oF FRESNO ) I, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the 25th day of September,2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval:2014 2014Mayor Approval/No Return: Mayor Veto:,2014 ,2014Council Override Vote: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Mary Raterman-Doidge Date Deputy City Attorney Attachment: Exhibit "4" WONNE SPENCE, CMC City Clerk BY: Deputy BY: 4of4 EXHIBIT A o 150 300 600 -Feet R-,l4-f102 APN: 509-030-70 (Portion) 5550 North Figarden Drive C-21BA-20/U GM/cz to R-2/BA-20/U G M, 8.22 Acres Gommunity Commercial to Medium High Residential Conditional Use Permit No. G-14-012